Patterson v. Piano Craft Guild Associates, LP

16 Mass. L. Rptr. 23
CourtMassachusetts Superior Court
DecidedDecember 30, 2002
DocketNo. 014376
StatusPublished

This text of 16 Mass. L. Rptr. 23 (Patterson v. Piano Craft Guild Associates, LP) is published on Counsel Stack Legal Research, covering Massachusetts Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Patterson v. Piano Craft Guild Associates, LP, 16 Mass. L. Rptr. 23 (Mass. Ct. App. 2002).

Opinion

Fabricant, J.

INTRODUCTION

This action to stay arbitration pursuant to G.L.c. 251, §2(b), arises from a set of agreements relating to the plaintiffs tenancy in a residential rental apartment building operated by the defendant. The defendant landlord seeks to enforce an arbitration provision; the plaintiff tenant contends that enforcement of the arbitration provision would violate his rights under state and federal law. The parties agree that no genuine dispute of material fact exists, and that the dispute is ripe for judgment as a matter of law. For the reasons that will be explained, judgment will enter in favor of the defendant.

BACKGROUND

The record provided in connection with the present cross motions presents the following factual back[24]*24ground.1 The plaintiff, Myron Patterson, is a tenant in a rental apartment building, located at 791 Tremont Street in Boston, owned by the defendant Piano Craft Guild Associates (“Piano Craft”). Piano Craft spends in excess of half a million dollars annually purchasing goods and services in interstate commerce in connection with the operation of the building. Tenants of the building, including the plaintiff, are organized as the Piano Craft Guild Tenants Association, Inc. The plaintiff, as well as some but not all of the other tenants, receives- a rental subsidy under the federal section 8 program, which is administered by the Boston Housing Authority. Pursuant to regulations applicable to that program, his tenancy is governed by a section 8 lease agreement.

On July 1, 1998, the Tenants’ Association and its members, including the plaintiff, entered into an agreement with Piano Craft. The agreement resulted from extensive negotiation, in which both sides were represented by counsel, and was achieved with the assistance of former Supreme Judicial Court Chief Justice Edward F. Hennesey as mediator.2 The agreement gave each tenant the option of remaining in the building through the year 2014, at rent not to exceed thirty-five percent of the tenant’s income, subject to certain conditions. Among the conditions was that, upon request and subject to certain exceptions and procedural requirements, the tenant would accept transfer to a unit of lesser market value. Article 7.6 of the agreement provides that, “A Tenant shall have the right to reject one unit otherwise meeting the requirements of this Article to which a transfer is proposed; the rej ection of a second qualifying unit, however, may, at the Landlord’s option, result in eviction from the Property.”

The 1998 agreement provides, in Article 2.3, that, “Tenants shall occupy their premises under leases in the form attached to this Agreement as Exhibit C, provided that Subsidized Tenants shall occupy the premises under such other leases or lease addenda as may be required by the programs rules of a Rental Assistance Program. In the event of any conflict or inconsistency between the terms of this Agreement and the provisions of the Lease form, the terms of the Agreement shall govern, except where the terms of the Agreement are preempted by federal or state law applicable to a Rental Assistance Program.” Appended to the 1998 agreement as Exhibit C was a Greater Boston Real Estate Board standard form apartment lease, modified to be consistent with, and to incorporate, the terms of the agreement.

Article 12 of the 1998 agreement addresses dispute resolution. Article 12.1 provides that “Disputes arising under this Agreement shall be subject to arbitration in Boston pursuant to the Commercial Arbitration Rules of the American Arbitration Association.” Article 12.3 clarifies that “Nothing in this Agreement shall deprive the Landlord or Tenants from exercising their statutory or common law rights which exist independent of the terms of this Agreement in the usual manner or seeking to enforce or protect their rights in any Court of competent jurisdiction, except that any dispute requiring the interpretation or application of this Agreement in the context of such proceeding shall be referred to arbitration.” In Article 13.5, the parties agree to observe, and agree that the agreement “shall be construed in conformity with, all applicable state and federal fair housing laws,” specifically including the federal Rehabilitation Act and G.L.c. 15IB.

Under the terms of the agreement, on May 31,1999 Patterson and his co-tenant elected to extend their lease through the end of 2014. They entered into a lease agreement, in the form appended to the 1998 agreement, with a section 8 lease rider. The rider contained the parties’ acknowledgment that “they have executed and are bound by the provisions of’ the 1998 agreement, and of their intention to “clarify and harmonize” the provisions of the various agreements between them. The rider further provided, in paragraph 11, that “The Tenant and the Owner stipulate and agree that there is no conflict between the provisions of this Section 8 Lease Rider, including the GBREB [Greater Boston Real Estate Board] Lease, GBREB Addendum and [1998] Articles of Agreement, and the [section 8] HUD Addendum.” The section 8 addendum provides, at paragraph 8(d), that “The owner may only evict the tenant by a court action.” Paragraph 14(b) of the addendum provides that “In case of any conflict between the provisions of the tenancy addendum as required by HUD, and any qther provisions of the lease or any other agreement between the owner and the tenant, the requirements of the HUD-required tenancy addendum shall control.”3

The events giving rise to the present dispute began with a letter from the landlord, dated January 22, 2001, requesting that Patterson and his co-tenant transfer from unit W-511, which they then occupied, to unit E-317, effective February 23, 2001. Patterson responded, by letter dated February 22, 2001, expressing his understanding that “the tenant above this unit (E417) has a contractual agreement with management, that the new tenant cannot be a smoker,” and stating that “If this is the case, I do smoke cigarettes and it will be a major inconvenience to my living situation.” The landlord wrote back, characterizing Patterson’s response as a refusal to transfer, informing him that no such agreement with the tenant above existed, and asking that he contact management immediately “with your final decision in the matter.” Patterson responded, by letter dated March 2, 2001, declining the transfer, giving as his reason that “The unit has veiy little to no living room or dining room space, and I would not have any room for creating my artwork.”

There followed a letter from Patterson’s present counsel, dated April 4, 2001, asserting that Patterson [25]*25“is a handicapped person” within the meaning of specified state and federal statutes, and “is therefore entitled to the protections of federal and state housing discrimination laws.” The letter asserted that Patterson “suffers from depression,” that a transfer “would jeopardize his health and well-being,” and that he therefore requested that the landlord “provide Mr. Patterson with a reasonable accommodation of his disability by permitting him to remain in Unit W511.”

The landlord responded by letter from its counsel dated April 6, 2001. Counsel questioned the good faith of Patterson’s claim of disability, in light of his previously expressed reasons for declining the transfer, but nevertheless expressed willingness to look into the claim, by requesting “detailed documentation of Mr.

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Cite This Page — Counsel Stack

Bluebook (online)
16 Mass. L. Rptr. 23, Counsel Stack Legal Research, https://law.counselstack.com/opinion/patterson-v-piano-craft-guild-associates-lp-masssuperct-2002.