BABSON v. BOSTON RENT CONTROL ADMINISTRATOR


371 Mass. 404 (1976)

357 N.E.2d 762

DONALD P. BABSON & others vs. BOSTON RENT CONTROL ADMINISTRATOR.

Supreme Judicial Court of Massachusetts, Suffolk.

December 1, 1976.


Attorney(s) appearing for the Case

Mark Snyder for the defendant.

Alix Smullin (Joseph L. Cotter with her) for the plaintiffs.

Present: HENNESSEY, C.J., QUIRICO, BRAUCHER, WILKINS, & LIACOS, JJ.


WILKINS, J.

We agree with a judge of the Housing Court of the City of Boston who ruled, under St. 1970, c. 842, § 6 (a), that the base maximum rent of a controlled rental unit ("the rent charged the occupant for the month six months prior to the acceptance of this act by a municipality") includes amounts payable by tenants under the terms of tax escalation clauses in their leases.

The defendant rent control administrator issued rent Regulation 1, §...

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