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HOMEOWNER'S REHAB, INC. v. RELATED CORPORATE V SLP, L.P.

SJC-12441.

479 Mass. 741 (2018)

HOMEOWNER'S REHAB, INC., & another v. RELATED CORPORATE V SLP, L.P., & another.

Supreme Judicial Court of Massachusetts, Suffolk.

June 15, 2018.

Attorney(s) appearing for the Case

Dennis E. McKenna for the defendants.

Karen E. Friedman ( David E. Lurie also present) for the plaintiffs.

The following submitted briefs for amici curiae:

Henry Korman & Daniel M. Rosen for Citizens' Housing and Planning Association & others.

W. Bart Lloyd , Gregory M. Katz , & Jonathan Klein for Preservation of Affordable Housing, Inc., & another.

Stephen M. Nolan for Massachusetts Housing Investment Corporation.

Roberta L. Rubin , Special Assistant Attorney General, & Bruce E. Falby for Department of Housing and Community Development & others.

Albert P. Zabin for Chinese Progressive Association, Inc., & another.

Charles R. Bennett for Holland & Hart LLP.

Christopher G. Caldwell , Michael D. Roth , & Kelly L. Perigoe , of California, & William C. Jackson for Jonathan Zasloff.

Christopher G. Caldwell , Michael D. Roth , & Kelly L. Perigoe , of California, & William C. Jackson for Bradley Myers.

Present: GANTS, C.J., LENK, GAZIANO, LOWY, CYPHER, & KAFKER, JJ.

The parties in this case are partners in a limited partnership formed for the purpose of rehabilitating and operating an affordable housing complex. The project was eligible for financing under the Low Income Housing Tax Credit (LIHTC) program set forth in the Internal Revenue Code, 26 U.S.C. § 42 (2012). Under the agreements executed...

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