DAVIS v. COMERFORD

SJC-12712.

483 Mass. 164 (2019)

ALLEN H. DAVIS v. WILLIAM COMERFORD & another.

Supreme Judicial Court of Massachusetts, Bristol.

September 16, 2019.


Attorney(s) appearing for the Case

Arthur D. Hardy-Doubleday for the tenants.

David J. Gormley for the landlord.

Patricia A. Whiting , for Harvard Legal Aid Bureau, amicus curiae, submitted a brief.

Peter Vickery , for MassLandlords, Inc., amicus curiae, submitted a brief.

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


The question presented in this case is whether a judge has authority to issue orders for interim use and occupancy payments during the pendency of a summary process eviction action, and, if so, the circumstances under which it is appropriate to exercise that authority. We conclude that, following motion by a landlord, a court has statutory...

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