Clarendon Hill Somerville, LP v. Biagioni

2014 Mass. App. Div. 181
CourtMassachusetts District Court, Appellate Division
DecidedSeptember 12, 2014
StatusPublished

This text of 2014 Mass. App. Div. 181 (Clarendon Hill Somerville, LP v. Biagioni) is published on Counsel Stack Legal Research, covering Massachusetts District Court, Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Clarendon Hill Somerville, LP v. Biagioni, 2014 Mass. App. Div. 181 (Mass. Ct. App. 2014).

Opinion

Coven, J.

This appeal arises from a judgment entered in favor of Clarendon Hill Somerville, LP (“Clarendon”) and FHRC Management Corporation (“FHRC”), Clarendon’s management agent (collectively, “plaintiffs”), in their summary process action against Kenneth Biagioni (“defendant”) for nonpayment of rent for residential premises subsidized under a Federal project-based Section 8 program. The defendant argues that the trial judge erred in finding for the plaintiffs for possession and in dismissing his counterclaims. Specifically, the defendant argues that the trial judge erred (1) in calculating the amount of rent owed; (2) in not finding that the plaintiffs violated G.L.c. 93A for the actions relating to rental charges; (3) in finding [182]*182that the plaintiffs did not commence the summary process action in retaliation for him filing a complaint with the Attorney General; and (4) in not exercising equitable authority to prevent forfeiture of the residence.

We summarize the relevant findings of the trial judge’s extensive findings and rulings, reserving further details for discussion of the issues raised. The defendant resides in a one-bedroom apartment within the Clarendon Hill Towers apartment complex, which consists of 501 residential units in three buildings. The defendant’s apartment is subsidized under the Federal Section 8 rental subsidy program. Under this program, a tenant’s monthly rent is 30% of his adjusted income or a minimum of $25.00, whichever is greater, and the balance of the rent is paid through the program to the owner. The program does allow for the waiver of the minimum rent where that minimum rent will pose a hardship.

The defendant has resided in the apartment since 2005 and had previously resided in the complex since 1998 with his mother. The defendant was elected to the Clarendon Hill Towers Tenants Association, Inc. (“CHTTA”) in 2008 and was appointed president of the board of directors of the CHTTA in August, 2009.

On April 9, 2010, Clarendon purchased the complex from CHTTA, and on that date, the defendant and the plaintiffs entered into a rental occupancy agreement for a one-year term that would automatically renew at the end of the term unless terminated by the defendant. The defendant was responsible for $369.00 of the $1,285.00 monthly rent. A tenant’s rent responsibility is determined through a certification process. The plaintiffs are required to recertify, annually, each Section 8 tenant’s income for the purpose of adjusting the rent as of the tenant’s anniversary date, which for the defendant was July 1.

The defendant’s rent obligation was adjusted for the months of May, 2010 through September, 2010 to $25.00 per month because of a change in his income from unemployment benefits. It was not disputed at trial that the defendant was properly charged $369.00 in October, 2010. The judge found that on November 1, 2010, the defendant’s rent was reduced to $25.00 per month because the defendant’s unemployment benefits were scheduled to end.

In the 2011 recertification process, the defendant reported receiving $263.00 in unemployment benefits. The plaintiffs learned, however, that the defendant had been receiving $309.00 in unemployment benefits from March 27 to September 18, 2010 and had received unemployment extension benefits from September 25, 2010 that would end in mid-July of 2011.

The trial judge found that on July 7, 2011, the plaintiffs mistakenly calculated the defendant’s rent at $25.00 per month, and on July 28,2011, they entered into a lease addendum indicating that the defendant’s rental obligation would be $25.00 per month effective July 1, 2011. On September 19, 2011, the defendant met with the plaintiffs, and the plaintiffs retroactively increased the defendant’s rent for the months of April, May, and June of 2011 to $342.00 because of the defendant’s receipt of unemployment extension benefits. Effective July 1, 2011, the defendant’s rental obligation was determined to be $402.00 per month, but through a letter sent to the defendant by the plaintiffs in September, 2011, the defendant would not be required to pay the rent increase to $402.00 until November, 2011. In November, the defendant provided the plaintiffs with a letter from the Massachusetts Division of Employment and Training showing that his unemployment benefits had ended. The [183]*183defendant claimed no other income, and the parties came to an agreement that effective November, 2011 through the next recertification process, the defendant’s rent obligation would be $25.00 per month.

The trial judge found that the parties were not disputing that the minimum rent for the months of November, 2011 through July, 2012 was $25.00 per month. And it was found that from May, 2010 to November, 2011 when the defendant was paying $25.00 per month, the defendant had the ability to pay at the minimum rental rate charged. The judge found that as of November 1, 2011, the defendant had lost his unemployment extension benefits and the rent was correctly established at $25.00 per month.

At no time prior to September, 2012 did the defendant request a hardship exemption to the payment of rent, nor did the plaintiffs inform the defendant of a possibility of a hardship exemption. On September 25, 2012, the defendant, through counsel, claimed that he was entitled to a hardship exemption that would exempt him from paying the $25.00 minimum rent. The defendant claimed that he was eligible for a hardship exemption because he had lost his unemployment benefits and could be evicted if he were unable to pay the minimum rent. The defendant’s request was denied on October 4, 2012. The plaintiffs determined that the defendant’s request was not applicable. The trial judge made a specific finding that, at the time of the trial, the defendant had the current ability to pay at least the $25.00 minimum rent and had had the same ability for past months “and did not qualify for a financial hardship exemption from payment of $25.00 as his rent.”

At trial, the plaintiffs claimed a rent arrearage of $2,114.94 through the February, 2013 trial date. In addition, the plaintiffs sought an additional rent arrearage of $1,671.41 that had accumulated prior to Clarendon’s purchase of the premises and for which the plaintiffs argued an assignment of the obligation. In the notice to quit for nonpayment of rent that was served on the defendant on June 20,2012, the plaintiffs claimed a rent arrearage in the amount of $3,732.94 through July, 2012.

On June 26,2012, the defendant requested an informal meeting with the plaintiffs’ property manager to discuss the notice to quit. A policy had been in place through which the plaintiffs would not pursue rent arrearage, as a “professional courtesy” against the defendant or other board members, but the plaintiffs had discontinued the policy. At the meeting, an agreement was reached through which the defendant, in addition to his monthly rent obligation, would pay an additional $75.00 per month toward the arrearage.

In September, 2012, the defendant applied for Social Security benefits. The application was denied, and the defendant appealed. The appeal had not been decided at the time of trial. The defendant claimed at trial that he subsisted on $200.00 per month in food stamps, credit cards, and periodic cash gifts from his family. The judge found that the defendant had no utilities or telephone expenses, but that he owned three motor vehicles that cost him $75.00 to $80.00 per month for insurance and $10.00 to $20.00 per month in fuel expenses.

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Bluebook (online)
2014 Mass. App. Div. 181, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clarendon-hill-somerville-lp-v-biagioni-massdistctapp-2014.