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8 Massachusetts opinions name it 3 courts 1981–2025 1 in the last five years
The cases below were cited by Massachusetts courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Berman & Sons, Inc. v. Jeffersongreen2 sentences2008A presumption that a tenant is entitled to withhold rent arises if there is “(p]roof that the premises are in violation of the standard of fitness for human habitation established under the state sanitary code, the state building code, or any other ordinance, by-law, rule or regulation establishing such standards and that such conditions may endanger or materially impair the health, safety or well-being of a person occupying the premises.” G.L.c. 239, §8A; see also Berman & Sons, Inc. v. Jefferson, 379 Mass. 196, 201-02 (1979) (“A dwelling afflicted with a substantial Sanitary Code violation i 2008A presumption that a tenant is entitled to withhold rent arises if there is “(p]roof that the premises are in violation of the standard of fitness for human habitation established under the state sanitary code, the state building code, or any other ordinance, by-law, rule or regulation establishing such standards and that such conditions may endanger or materially impair the health, safety or well-being of a person occupying the premises.” G.L.c. 239, §8A; see also Berman & Sons, Inc. v. Jefferson, 379 Mass. 196, 201-02 (1979) (“A dwelling afflicted with a substantial Sanitary Code violation i | 5 | 7 |
McKenna v. Begingreen2 sentences1997Therefore, ” ‘[a] dwelling afflicted with a substantial Sanitary Code violation is not habitable,’ in the sense that it is not in compliance with the warranty, Berman & Sons v. Jefferson, [ 379 Mass. 196, 201-02 (1979)], even though the breach is not so severe as to abate the rent to zero, see McKenna v. Begin, [ 5 Mass.App.Ct. 304, 313 (1977)] ... , or force the tenant to vacate, see Boston Housing Authy. v. Hemingway,... [ 363 Mass. at 199-00 ]." Altschuler, 12 Mass.App.Ct. at 458 . 1997Therefore, ” ‘[a] dwelling afflicted with a substantial Sanitary Code violation is not habitable,’ in the sense that it is not in compliance with the warranty, Berman & Sons v. Jefferson, [ 379 Mass. 196, 201-02 (1979)], even though the breach is not so severe as to abate the rent to zero, see McKenna v. Begin, [ 5 Mass.App.Ct. 304, 313 (1977)] ... , or force the tenant to vacate, see Boston Housing Authy. v. Hemingway,... [ 363 Mass. at 199-00 ]." Altschuler, 12 Mass.App.Ct. at 458 . | 2 | 2 |
South Boston Elderly Residences, Inc. v. Moynahangreen1 sentence2025See South Boston Elderly Residences, Inc., 91 Mass. App. Ct. at 463-464. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Massachusetts. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Boston Housing Authority v. Hemingway
green
2 sentences1997Therefore, ” ‘[a] dwelling afflicted with a substantial Sanitary Code violation is not habitable,’ in the sense that it is not in compliance with the warranty, Berman & Sons v. Jefferson, [ 379 Mass. 196, 201-02 (1979)], even though the breach is not so severe as to abate the rent to zero, see McKenna v. Begin, [ 5 Mass.App.Ct. 304, 313 (1977)] ... , or force the tenant to vacate, see Boston Housing Authy. v. Hemingway,... [ 363 Mass. at 199-00 ]." Altschuler, 12 Mass.App.Ct. at 458 . 1997Therefore, ” ‘[a] dwelling afflicted with a substantial Sanitary Code violation is not habitable,’ in the sense that it is not in compliance with the warranty, Berman & Sons v. Jefferson, [ 379 Mass. 196, 201-02 (1979)], even though the breach is not so severe as to abate the rent to zero, see McKenna v. Begin, [ 5 Mass.App.Ct. 304, 313 (1977)] ... , or force the tenant to vacate, see Boston Housing Authy. v. Hemingway,... [ 363 Mass. at 199-00 ]." Altschuler, 12 Mass.App.Ct. at 458 . | 2 | 1981–1997 |
Altschuler v. Boston Rent Board
green
2 sentences1997Therefore, ” ‘[a] dwelling afflicted with a substantial Sanitary Code violation is not habitable,’ in the sense that it is not in compliance with the warranty, Berman & Sons v. Jefferson, [ 379 Mass. 196, 201-02 (1979)], even though the breach is not so severe as to abate the rent to zero, see McKenna v. Begin, [ 5 Mass.App.Ct. 304, 313 (1977)] ... , or force the tenant to vacate, see Boston Housing Authy. v. Hemingway,... [ 363 Mass. at 199-00 ]." Altschuler, 12 Mass.App.Ct. at 458 . 1997Therefore, ” ‘[a] dwelling afflicted with a substantial Sanitary Code violation is not habitable,’ in the sense that it is not in compliance with the warranty, Berman & Sons v. Jefferson, [ 379 Mass. 196, 201-02 (1979)], even though the breach is not so severe as to abate the rent to zero, see McKenna v. Begin, [ 5 Mass.App.Ct. 304, 313 (1977)] ... , or force the tenant to vacate, see Boston Housing Authy. v. Hemingway,... [ 363 Mass. at 199-00 ]." Altschuler, 12 Mass.App.Ct. at 458 . | 1 | 1997–1997 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.