Curtis v. Surrette

726 N.E.2d 967, 49 Mass. App. Ct. 99, 2000 Mass. App. LEXIS 274
CourtMassachusetts Appeals Court
DecidedApril 11, 2000
DocketNo. 98-P-1432
StatusPublished
Cited by10 cases

This text of 726 N.E.2d 967 (Curtis v. Surrette) is published on Counsel Stack Legal Research, covering Massachusetts Appeals Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Curtis v. Surrette, 726 N.E.2d 967, 49 Mass. App. Ct. 99, 2000 Mass. App. LEXIS 274 (Mass. Ct. App. 2000).

Opinion

Gillerman, J.

In March, 1998, Robert Curtis (landlord) commenced summary process proceedings to evict Gordon and Kelleigh Surrette (tenants) for nonpayment of rent in federally subsidized housing in Worcester. The landlord claimed an ar[100]*100rearage of $9,340 through April, 1998. The tenants filed counterclaims alleging (1) violations of the State Sanitary Code, including the presence of lead paint in their unit; (2) breach of the covenant of quiet enjoyment (G. L. c. 186, § 14); and (3) retaliation (G. L. c. 186, § 18).

A trial was held before a judge of the Worcester Housing Court. In his written decision, the judge concluded that the landlord was entitled to back rent in the amount of $8,970.2 He found for the tenants on their counterclaim for breach of the covenant of quiet enjoyment in the amount of $2,700, and he awarded the tenants $1,000 in attorney’s fees. See G. L. c. 186, § 14. The judge concluded that under G. L. c. 239, § 8A, he would enter a judgment for possession in favor of the landlord unless the tenants paid the sum of $6,2703 to the landlord within seven days of their receipt of the decision. The tenants did not pay the landlord within the specified time period, and judgment for possession was subsequently entered for the landlord.

On appeal, the tenants argue that (1) the landlord’s complaint should have been dismissed because it was retaliatory; (2) the amount of back rent awarded to the landlord should have been based solely on the portion of the rent that they were obligated to pay as subsidized tenants rather than on the full contract rent payable by the tenants and by the Worcester Housing Authority (WHA)4; (3) the damage award on their counterclaim was improperly calculated, as the trial judge simply awarded them three months’ rent without making any findings regarding actual damages; (4) the trial judge abused his discretion in awarding them only $1,000 in attorney’s fees; and (5) the trial judge should have granted their motion for a new trial or to alter or amend the judgment.

1. The facts. We summarize the facts found by the judge. The tenants5 moved into their unit in July, 1996. The monthly rent provided in the “Section 8” lease, see Harrington v. Fall River [101]*101Hous. Authy., 27 Mass. App. Ct. 301, 304 (1989); 42 U.S.C. §§ 5301 et seq. (1995), was $900 (the contract rent) payable in part by the tenant and in part by the WHA. Initially, the tenants’ share of the rent was $3706 per month, but after July 1, 1997, their share was decreased to $330 per month. The balance of the rent was to be paid by the WHA with rent subsidy funds provided by the United States Department of Housing and Urban Development under a program of aid for the rehabilitation of existing housing. See note 4, supra. On June 28, 1996, the landlord and the WHA entered into a Housing Assistance Payments (HAP) contract, under which the WHA agreed initially to pay $530 of the contract rent per month. The amount of the monthly housing assistance payment was subject to change during the term of the HAP contract.

The tenants made their last rent payment in February, 1997. They stopped paying rent because they learned that four of their eight children had elevated levels of lead in their blood. At trial, the landlord testified that the WHA made its last subsidy payment in August, 1997. The WHA had ceased making the subsidy payments because the tenants’ unit had not been satisfactorily deleaded.

The judge found that the landlord failed to inform the tenants of the presence of lead paint in their unit at the beginning of their tenancy and that the landlord had neglected to give the tenants the notice that was required before any work was done on the premises. See G. L. c. 111, § 197A. The judge also found that the deleading process was undertaken by two licensed deleaders and by the landlord and his family members who worked as “trained low risk” deleaders and that this process took “an unreasonably long time.” The judge also observed that the attitude of the tenants toward the deleading work and repair that needed to be done was “generally confrontational and marginally cooperative.”7 Based on these findings, the judge concluded that there had been a substantial interference with the [102]*102tenants’ right to quiet enjoyment of the premises.8

2. Landlord’s back rent award. The judge found that the landlord was entitled to recover $8,970 in back rent. In calculating this award, the judge held the tenants liable for the entire amount of the contract rent ($900 per month) from September, 1997, through April, 1998. This included the months in which the WHA did not make subsidy payments to the landlord (as described below). The tenants argue that any award of back rent to the landlord should be limited to that portion of the rent for which the tenants were individually responsible under the lease.

The landlord claims that he is entitled to recover the full contract rent from the tenants for all of the months in which the WHA did not make subsidy payments. Under the HAP contract between the landlord and the WHA, the WHA had the right to stop subsidy payments to the landlord if the tenants’ unit was not maintained in a satisfactory manner. The landlord claims that he attempted to maintain the premises in a satisfactory manner but was prevented from doing so by the tenants. Because the tenants engaged in “confrontational and marginally cooperative” conduct, the landlord argues that the tenants should be held accountable for the consequences of such conduct, including the payment of the entire contract rent.9 We reject the argument for several reasons.

First, the judge did not find that the “marginal” conduct of [103]*103the tenants interfered with the performance of the landlord’s obligations, and the landlord’s contrary assertion is purely speculative. More important is the fact that there is no provision in the lease which provides for liability of the tenants for the entire contract rent in the event the WHA terminates its housing subsidy payments. Indeed, the lease between the landlord and the tenants provides that “[t]he tenant rent as determined by the [WHA] is the maximum amount the Landlord can require the Tenant to pay as rent for the dwelling unit” (emphasis added). Furthermore, the HAP contract between the WHA and the landlord provides that “[t]he family is not responsible for payment of the portion of contract rent covered by the housing assistance payment under the HAP contract between the owner and the [WHA]. The owner may not terminate the tenancy of the family for nonpayment of the [WHA] housing assistance payment.”

The language contained in these documents is unambiguous, and it is “elementary that an unambiguous agreement must be enforced according to its terms.” Schwanbeck v. Federal-Mogul Corp., 412 Mass. 703, 706 (1992). See Suffolk Constr. Co. v. Lanco Scaffolding Co., 47 Mass. App. Ct. 726, 729 (1999).

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Cite This Page — Counsel Stack

Bluebook (online)
726 N.E.2d 967, 49 Mass. App. Ct. 99, 2000 Mass. App. LEXIS 274, Counsel Stack Legal Research, https://law.counselstack.com/opinion/curtis-v-surrette-massappct-2000.