O'CONNOR, J.
Article XXXVIII of the Brookline rent control by-law provides in relevant part as follows: "Section 9. Evictions. (a) No person shall bring any action to recover possession of a controlled rental unit unless: ... (2) the tenant has violated an obligation or covenant of his tenancy other than the obligation to surrender possession upon proper notice and has failed to cure such violation after having received written notice thereof from the landlord; ....
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