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AL-ZIAB v. MOURGIS

424 Mass. 847 (1997)

HUSAM H. AL-ZIAB & another v. GEORGE A. MOURGIS & another.

Supreme Judicial Court of Massachusetts, Middlesex.

May 8, 1997.

Attorney(s) appearing for the Case

Kevin Hensley for the defendants.

Edmund P. Daley for the plaintiffs.

Robert C. Tommasino, Gerald T. Anglin, Cameron F. Kerry, Donna M. Evans, Seni M. Adio & William C. Miles, for the Massachusetts Property Insurance Underwriters Association, amicus curiae, submitted a brief.

Present: WILKINS, C.J., LYNCH, O'CONNOR, FRIED, & MARSHALL, JJ.

MARSHALL, J.

In this case, we consider whether a violation of the lead paint statute, G. L. c. 111, §§ 190 et seq., without more, constitutes a violation of the statutory covenant of quiet enjoyment, G. L. c. 186, § 14. We conclude that it does not; proof of knowledge of the risk and of negligence on the part of a landlord at the least is a prerequisite to recovery under G. L. c. 186, § 14.

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