Rodriguez v. Cambridge Housing Authority

8 Mass. L. Rptr. 402
CourtMassachusetts Superior Court
DecidedApril 17, 1998
DocketNo. 954904
StatusPublished

This text of 8 Mass. L. Rptr. 402 (Rodriguez v. Cambridge Housing Authority) 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
Rodriguez v. Cambridge Housing Authority, 8 Mass. L. Rptr. 402 (Mass. Ct. App. 1998).

Opinion

Sosman, J.

Plaintiffs Carmen Rodriguez (“Rodriguez”) and her sons, Samuel Rodriguez (“Samuel”) and Carlos Ocasio (“Carlos”), have brought the present action complaining of injuries sustained in the course of three alleged break-ins at the Rodriguezes’ apartment in the Jefferson Park public housing project, a project owned and operated by defendant Cambridge Housing Authority (“CHA”). CHA has filed a motion for partial summary judgment on the ground that certain of the claims for inadequate security are barred by G.L.c. 258, §10(j), that the alleged inadequate security was not a proximate cause of the injuries to Carlos, that Carlos has no loss of consortium claim for the injuries to his mother and brother, and that Samuel has no claim for negligent infliction of emotional distress arising from the injuries to his mother. For the following reasons, the motion is allowed in part and denied in part.

Facts

In 1985, plaintiff Rodriguez and her husband entered into a lease with CHA for premises located at 112 Jackson Place in Cambridge. The apartment is located in the Jefferson Park development, a public housing project of CHA. Rodriguez resided in the apartment with her husband and her five children (Carlos, Karen Ocasio, Ricardo Rodriguez, Betzaida Rodriguez, and Samuel).

In the lease, CHA agreed to maintain the premises in a decent, safe and sanitary condition and to comply with the requirements of the State Sanitary Code. It also agreed to make necessary repairs and replacements. With regard to repair of any defects “which pose an immediate and serious threat to health or safety,” CHA agreed that repairs would be effected within 24 to 36 hours after notification. As examples of the types of defects that would require repair within such a time frame, the lease listed “unlockable front and rear doors to apartment.” In the event that repairs to such defects were not made within the time limit specified, CHA agreed that it would offer the tenant “standard alternative accommodations (with reasonable moving cost at the CHA’s expense).”

Rodriguez was also provided with a Residents Handbook. Under the heading “Transfers to Another Apartment,” the Handbook provided that “(i]n unusual cases, tenants are permitted to move to another apartment if they can show ‘good cause.’ ” Tenants seeking transfers within the same development were to apply at the management office for that development. Tenants seeking transfers to another development were to apply at CHA’s central Tenant Selection Office. The Handbook did not define what “good cause” for a transfer would be or otherwise promise to honor transfer requests. Rather, the Handbook merely stated that transfers would be allowed in “unusual cases.”

CHA’s Applicant Selection and Transfer Plan governed the subject of tenant transfers in greater detail. The Plan outlined that transfer between different CHA developments “is considered an emergency measure and is rarely granted,” except for transfers to elderly housing, transfers from an inappropriate size unit to an appropriate size, and transfers to handicapped-accessible units. A tenant was to be transferred to a unit in another development if “continued occupancy in the tenant’s present unit presents a clear direct danger to the physical safety of the tenant or any member of the tenant household." Even then, the Plan provided that transfer would only take place if the tenant’s problem “cannot be substantially resolved by a transfer within the development or through other CHA management actions.”

Under the Plan, transfers within the same development were to be allowed “for health and safety reasons” or for reasons of unit size, but even those needs for intra-development transfers were to be “balanced against the needs of emergency applicants and other applicants on the waitlist.” The Plan provided that “[a] tenant shall be granted a transfer to another unit in the same development if necessary for serious health or safety reasons.”

In February 1990, Rodriguez’s husband moved out of the Jefferson Park apartment. Rodriguez and her five children continued to reside in the unit. Shortly thereafter, Rodriguez began requesting that she and her children be transferred out of Jefferson Park to another development. The reasons given for wanting a transfer included overall concerns about the safety of the area in and around Jefferson Park. Social workers recommended that the Rodriguez family be transferred due to unsettling events in the area, including vandalism and robbery of Rodriguez’s car, Carlos’ involvement in criminal activity with others in the neighborhood, and alleged threats against Rodriguez and her children. Rodriguez’s physician also supported her request due to excessive noise in the area (from nearby trains and from neighbors), [404]*404which was making it difficult for her to sleep. Her doctor’s letter also references “traumatic events” having occurred at the home and opines that Rodriguez’s therapy was “hindered by her remaining there.”

Rodriguez alleges that she filled out an application for transfer, but that someone at CHA tore the application up and never processed it. She also claims that she made numerous oral requests to be transferred, but that in response to those requests she was told that her fears were unjustified and that she was “needlessly worrying.”

Carlos moved out of the apartment in 1992. As of the spring of 1994, Rodriguez was still living at 112 Jackson Place with Karen Ocasio (then age 17), Samuel (age 12) and Ricardo Rodriguez (age 15). Plaintiffs allege that, as of 1994, the door locks for the apartment were loose and some of the window locks were inoperable. These defects were allegedly brought to the attention of the manager for the development. The locks were not repaired, nor was the family provided with alternative accommodation.

On May 12, 1994, a masked intruder broke into the apartment, assaulted Rodriguez with a knife, and threatened to kill her. She escaped by running out the back door. In their reports to the police, the family voiced their suspicions that one Joaquin Luciano was behind this attack. Luciano, the former husband of Rodriguez’s sister, had allegedly' raped his niece, Betzaida Rodriguez. He had threatened Rodriguez not to press charges. However, Rodriguez and her daughter had pressed charges and had obtained a restraining order against Luciano in April 1994. The assailant was not Luciano himself, but the family suspected that the perpetrator was a member of Luciano’s gang.

The police investigating the incident recommended to the development manager that the door locks be changed.1 The locks were not changed, and no repairs were done.

On May 18, 1994, an intruder again broke in and attacked Rodriguez. The assailant tied her up and gagged her in such a way that she had difficulty breathing. He locked the bedroom door and began attacking her with a knife. Karen heard strange noises coming from her mother’s bedroom. She went to wake up Samuel and came with him to the bedroom door. Hearing someone approach, the assailant opened the window and jumped out. Karen and Samuel pried open the lock, entered the room and found their mother tied up in her bed and unable to breathe. Police and an ambulance were summoned to the scene. Rodriguez was untied and taken to the hospital. The family suspected that this second attack had also been perpetrated by a member of Luciano’s gang.

Samuel was also taken-to the hospital with his mother after this incident. He was hospitalized for two weeks, suffering a major depressive episode.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Diaz v. Eli Lilly & Co.
302 N.E.2d 555 (Massachusetts Supreme Judicial Court, 1973)
Ayala v. Boston Housing Authority
536 N.E.2d 1082 (Massachusetts Supreme Judicial Court, 1989)
Barnes v. Geiger
446 N.E.2d 78 (Massachusetts Appeals Court, 1983)
DiGiovanni v. Latimer
454 N.E.2d 483 (Massachusetts Supreme Judicial Court, 1983)
Mendoza v. B.L.H. Electronics
530 N.E.2d 349 (Massachusetts Supreme Judicial Court, 1988)
Norman v. Massachusetts Bay Transportation Authority
529 N.E.2d 139 (Massachusetts Supreme Judicial Court, 1988)
Dziokonski v. Babineau
380 N.E.2d 1295 (Massachusetts Supreme Judicial Court, 1978)
Nancy P. v. D'AMATO
517 N.E.2d 824 (Massachusetts Supreme Judicial Court, 1988)
Morgan v. Lalumiere
493 N.E.2d 206 (Massachusetts Appeals Court, 1986)
Payton v. Abbott Labs
437 N.E.2d 171 (Massachusetts Supreme Judicial Court, 1982)
Sullivan v. Boston Gas Co.
605 N.E.2d 805 (Massachusetts Supreme Judicial Court, 1993)
Ferriter v. Daniel O'Connell's Sons, Inc.
413 N.E.2d 690 (Massachusetts Supreme Judicial Court, 1980)
Lawrence v. City of Cambridge
664 N.E.2d 1 (Massachusetts Supreme Judicial Court, 1996)

Cite This Page — Counsel Stack

Bluebook (online)
8 Mass. L. Rptr. 402, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rodriguez-v-cambridge-housing-authority-masssuperct-1998.