Not as a defense to possession. In an April 2024 decision, the Appeals Court affirmed a public housing eviction based on the tenant’s breach of his lease, and it also affirmed a separate judgment against him on his repair and quiet enjoyment claims, which the trial judge had split off because the eviction was based on the tenant’s fault. This is an unpublished Appeals Court decision under Rule 23.0, which courts may cite as persuasive but not as binding precedent.
What happened
A local housing authority filed a summary process case to evict the tenant for violating his lease. After a bench trial, a Housing Court judge found that the tenant substantially breached the lease by interfering with another resident’s right to quiet enjoyment of his home. The judge twice put off entering judgment so the tenant could keep his tenancy by accepting a transfer to another unit. The tenant refused the transfer, and judgment for possession entered for the landlord. The judge then held a second bench trial on the tenant’s counterclaims for interference with quiet enjoyment and breach of the warranty of habitability, which had been severed from the eviction, and ruled for the landlord on those claims too. The tenant, representing himself, appealed both judgments.
What the court decided
In Chicopee Housing Authority v. Boutin, No. 23-P-162 (Mass. App. Ct. April 25, 2024) (Rule 23.0 decision), the Appeals Court affirmed both judgments.
Why the counterclaims were tried separately. G.L. c. 239, § 8A, lets a tenant raise claims about bad conditions, breach of warranty and other violations as a defense or counterclaim when the eviction is for nonpayment of rent or the tenancy ended without the tenant’s fault. The court noted that § 8A does not apply where the landlord’s claim for possession rests on the tenant’s fault. Spence v. O’Brien, 15 Mass. App. Ct. 489, 499 (1983). That is why the judge heard the tenant’s condition claims in their own trial instead of as a defense to the eviction.
The appeal. The tenant’s briefs did not state the issues, the standard of review, or cite the record or any legal authority. The court accepted that he did his best, but self-representation does not excuse failing to follow procedural rules. Brossard v. West Roxbury Div. of the Dist. Court Dep’t, 417 Mass. 183, 184 (1994). Because the court could not tell exactly what he was arguing, it reviewed the judge’s decisions on its own. After a bench trial, an appellate court accepts the judge’s findings unless they are clearly erroneous and gives due regard to the judge’s view of the witnesses’ credibility. Andover Hous. Auth. v. Shkolnik, 443 Mass. 300, 306 (2005). Both decisions here turned on how the judge weighed the evidence and judged credibility, and none of the findings was shown to be clearly wrong.
Bias. The tenant also claimed the judge was biased. The court held that adverse rulings alone show bias only in the rarest cases, which this was not, and that nothing in the record showed bias from any outside source.
What this means for you
The reason your landlord gives for ending your tenancy matters. If the case is for nonpayment or a no-fault termination, you can use repair problems and other violations to reduce what you owe and, in some cases, to keep your home. If the landlord says you broke the lease, those claims usually cannot block possession, though they do not disappear. Here they were tried separately and lost on the evidence.
This case also shows that a judge may give a tenant a way to keep housing, such as a transfer to another unit, even after finding a lease violation. Turning that offer down ended the tenancy. And if you appeal, the Appeals Court expects your brief to follow the rules, even if you have no lawyer.
What to do now
- Read your notice to quit closely to see whether the landlord is claiming nonpayment, no fault, or a lease violation.
- If the landlord claims a lease violation, gather witnesses, messages and documents that tell your side of what happened.
- Report repair problems in writing and keep copies, so your condition claims are documented whatever kind of case is filed.
- If a judge or the landlord offers a transfer or other conditions that would save your tenancy, get advice before you refuse.
- If you appeal, make sure your brief states the issues, cites the record and cites legal authority.
If this is your situation, call Doubleday Law at (617) 575-2006 or tell us what happened. Housing Court deadlines are short.
