Mayo v. Boston Rent Control Administrator

314 N.E.2d 118, 365 Mass. 575, 1974 Mass. LEXIS 685
CourtMassachusetts Supreme Judicial Court
DecidedJuly 5, 1974
StatusPublished
Cited by20 cases

This text of 314 N.E.2d 118 (Mayo v. Boston Rent Control Administrator) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mayo v. Boston Rent Control Administrator, 314 N.E.2d 118, 365 Mass. 575, 1974 Mass. LEXIS 685 (Mass. 1974).

Opinions

Hennessey, J.

This is an appeal from a decree of the Housing Court of the City of Boston reversing the action of the Boston Rent Control Administrator granting the appellant (landlord) certificates of eviction against twenty-one tenants of twenty apartments in Long Wharf in the city of Boston (tenants). The landlord’s applications for the certificates of eviction assigned as the basis therefor St. 1970, c. 842, § 9 (a) (10) (act). Each of the tenants filed an opposing statement. A hearing was held before a represen[576]*576tative of the administrator, at which the landlord and tenants were represented by their respective counsel.

The administrator, in granting the applications, found “that the landlord proved an intention to renovate the units and that the nature of the work required the units to be vacated, and that such renovation was not in conflict with the provisions and purposes of the statute.” On a petition for review filed by the tenants pursuant to St. 1970, c. 842, § 10, the judge of the Housing Court reversed the administrator’s decision. In substance he ruled that the landlord’s intentions are in conflict with the purposes of the statute. We affirm.

We examine first the nature of the review in the Housing Court. Although St. 1970, c. 842, § 10, is entitled “Judicial Review” it clearly provides in eviction matters for a de nova court proceeding specifically comparable to a declaratory relief proceeding under G. L. c. 231A. In this proceeding an aggrieved person may challenge the action of a rent control board or administrator. “[Ejxclusive original jurisdiction over such proceedings” was lodged in any District Court having territorial jurisdiction over the locus of the controlled rental unit. By G. L. c. 185A, inserted by St. 1971, c. 843, § 1, however, the Legislature amended the exclusiveness of this grant of jurisdiction, creating the Housing Court of the City of Boston, and endowing it with jurisdiction “concurrent with the district courts and the superior court” under “so much of any... general or special law ... as is concerned with the health, safety or welfare of any occupant of any place used, or intended for use, as a place of human habitation.” ( § 3.)

We are thus reviewing the decision of the Housing Court judge on the evidence presented before him.1 We are not directly concerned with the actions of the administrator. [577]*577Our inquiry is twofold: (1) whether the judge was plainly wrong in any of his findings of fact, and (2) whether the judge correctly applied the law. We concluded that there was no error. As to the first inquiry, the judge made voluntary findings of fact which clearly do not purport to be complete findings. None of these findings was plainly wrong. Indeed they were plainly correct. We have concluded from our own examination of the record, as shown below, that most of the facts of the case are undisputed. Certain further allegations of fact now urged by the landlord are not supported in the record.

Nor was there error in the judge’s ruling, in reversing the administrator’s decision, that the evictions here were “in conflict with the provisions and purposes of. .. [the] act.” St. 1970, c. 842, §9 (a) (10).

Most of the facts are undisputed. They are as follows. The twenty units are located in the Custom House Block, which is comprised of a total of fifty-one housing units. The building is located within an area generally controlled by the Boston Redevelopment Authority. Extensive renovation has been accomplished as to the interior and exterior of the building. The thirty-one units with which we are not directly concerned are not subject to rent control. These have been either newly built or substantially renovated under the landlord’s plans to rehabilitate the entire building. Substantial work which affects the entire building has already been done, including a new roof, new elevators, a new water main service, new boilers, and a new electrical system. The evidence warrants a conclusion that the extensive renovations planned for the twenty rent-con[578]*578trolled units will require, as the administrator found, that the units be vacant during the work.

There are certain disputed assertions of facts. The landlord contends that the Boston Redevelopment Authority threatened to take the building by eminent domain unless the renovations were accomplished. The landlord appears to urge also, although it is not entirely clear, that the proposed renovations have been shown to be necessary for continued occupancy of the twenty units. As shown later in this opinion, we believe that neither of these contentions is supported by the evidence.

Under § 9 (a) the act sets out nine specific grounds, as shown in the margin,2 for eviction from a unit subject to rent control. None of these has any application to this case. There is a tenth and more general ground on which the administrator purported to act in this case. This (§ 9 [a] [10]) authorizes the granting of certificates of eviction in [579]*579those cases where the landlord has “just cause” and where “his purpose [in evicting the tenant] is not in conflict with the provisions and purposes of... [the] act.”

We need not consider to what extent, if any, the judge may exercise discretion as to what constitutes “just cause” under this section. We hold that, as a matter of law, the purpose of the eviction here is not consistent with the provisions and purposes of the act. We reach this conclusion on evidence in the record, summarized above, which is undisputed and may fairly be said to be binding on the landlord.

The declaration of emergency in § 1 of the act is an appropriate place for us to look for legislative purpose (see Marshal House, Inc. v. Rent Control Bd. of Brookline, 358 Mass. 686 [1971]), and we find that section is informative in this instance. It declares, as shown in full in the margin,3 that there is a serious housing emergency, particularly in urban areas, and that the emergency has resulted in a “substantial and increasing shortage of rental housing accommodations for families of low and moderate income” (emphasis supplied). The tenants point out that the language in the declaration of emergency with respect to housing for families of low and moderate income does not appear in the original Boston rent control enabling act, St. 1969, c. 797. From this, they argue, correctly we think, that it can be inferred that in accepting the act in 1970 the city council and the mayor were adding to the expressed purposes of rent control in Boston by incorporating in the [580]*580new rent control scheme for the city the specific reference to low and moderate income housing which had not been included in the 1969 law.4

From the plain language of § 1 it is clear that one of the principal purposes of the act is to preserve and expand the supply of housing for families of low and moderate income. The record establishes that the twenty units presently carry rents from $145 to $315 a month. If the proposed renovation takes place, rents on the units will increase by at least $120 to $125 a month. Both parties have clearly assumed in their briefs and arguments that this will remove the apartments from the low and moderate rental market. Presumably, this change will be permanent. This result would be in conflict with what is clearly a central purpose of the act.

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Mayo v. Boston Rent Control Administrator
314 N.E.2d 118 (Massachusetts Supreme Judicial Court, 1974)

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Bluebook (online)
314 N.E.2d 118, 365 Mass. 575, 1974 Mass. LEXIS 685, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mayo-v-boston-rent-control-administrator-mass-1974.