Ward v. Gaffny

2012 Mass. App. Div. 135

This text of 2012 Mass. App. Div. 135 (Ward v. Gaffny) 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
Ward v. Gaffny, 2012 Mass. App. Div. 135 (Mass. Ct. App. 2012).

Opinion

Welch, J.

Plaintiffs Chad Ward and Karen Ward (“tenants”) brought this action to recover damages against their former landlord, defendant Kevin Gaffny (“landlord”) , for his breach of the warranty of habitability and violation of G.L.c. 93A. After a jury-waived trial, the judge found in favor of the tenants, and assessed $7,731.32 in damages, $8,190.40 in attorney’s fees, plus interest and costs, for a total of $17,129.08.2 The landlord filed this appeal.

The trial judge’s Mass. R. Civ. P., Rule 52(c), findings of fact, supported by evidence adduced at trial, indicate that on February 20, 2009, the tenants entered into a written agreement to lease the residential premises at 10 Heritage Drive in Bourne, Massachusetts. The lease term was for a period of one year beginning on March 1, 2009, with a monthly rent of $1,400.00. The tenants paid an additional $1,400.00 as the last month’s rent. In a written addendum to the lease, the landlord agreed to provide “working heat in the back bedroom.” Prior to the tenants assuming occupancy, a number of e-mails were exchanged between the parties in which the landlord acknowledged, inter alia, that the heat was not working and that there were electrical wiring problems in the kitchen and the bathroom.

On May 6, 2009, the deputy fire chief, David Cody (“Cody”), was called to the house and was shown a light that was glowing orange even though the switch for the light had been turned off. There were scorch marks around the light fixture. A review of the circuit panel showed that no circuits had been tripped and that the circuits were incorrectly marked. After Cody reorganized the electrical panel, the power switch to the scorched area was identified and turned off. Cody noticed a smell that in his opinion was consistent with “electrical burning.” It was also observed that switching on the light in the hallway turned on the lights in the kitchen.

At Cody’s recommendation, the tenants notified the landlord of the electrical issues. The landlord authorized the hiring of Robert Scena (“Scena”), a friend of the tenants and a licensed journeyman electrician, to make the electrical repairs. On May 7, 2009, Scena inspected various areas in the premises and noted multiple issues with the electrical system, including the inability to trace certain wires behind [136]*136the walls and an unconnected thermostat in the child’s bedroom. Although the only-way to ensure that the electrical wiring was safe was to look behind the walls, the landlord would not allow the wiring behind the walls to be inspected. He authorized only so much of the work as related to the scorched light. Scena submitted an application for an electrical work permit that identified the work to be done but that specifically noted, “[o]ther problems not addressed.”

On May 29, 2009, Scena met at the premises with Cody and the town wiring inspector, Edward Eacobbaci (“Eacobbaci”), to obtain approval of the work he had completed. Inspector Eacobbaci found numerous violations, and also noted there had been no electrical permit requests to the town for the landlord’s renovation of the property prior to the tenants’ arrival. During this meeting, there was a discussion of the same electrical issues that were present on May 7, 2009, including the inability to know the condition of the wiring without opening a wall to view it. Eacobbaci deemed the electrical system to be a fire hazard. Cody then informed the tenants that the heat and electricity in the house would be shut off, and that they would have to move out of the property. The tenants did so, and this lawsuit eventually ensued.

Although not included in the appendix prepared and filed by the landlord on this appeal, requests for findings of fact and conclusions of law pursuant to Mass. R. Civ. E, Rule 52(c), were apparently filed by both parties in this jury-waived case.3 The trial judge responded appropriately with a written decision setting forth her findings and rulings. Thus, the dispositive question on this appeal is whether the court’s findings were “clearly erroneous.” Cardoza v. Cardoza, 2006 Mass. App. Div. 137, 138. Findings of fact are clearly erroneous when they “cannot be substantiated ‘on any reasonable view of the evidence, including all rational inferences of which it was susceptible.’” Mark Moore Homes, Inc. v. Tarvezian, 1998 Mass. App. Div. 171, 173, quoting T.L. Edwards, Inc. v. Fields, 371 Mass. 895, 896 (1976). In reviewing the trial court’s findings, we neither “weigh” the evidence de novo, Lundgren v. Gray, 41 Mass. App. Ct. 451, 457 (1996), nor substitute our judgment for the trial court’s assessment of the credibility of the witnesses. 31-35, LLC v. Zucco, 2008 Mass. App. Div. 14, 16. Ultimately, a finding of fact will be deemed clearly erroneous only “when although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed.” Marlow v. City of New Bedford, 369 Mass. 501, 508 (1976), quoting United States v. United States Gypsum Co., 333 U.S. 364, 395 (1948). See ¿so Millennium Equity Holdings, LLC v. Mahlowitz, 456 Mass. 627, 637 (2010), quoting Kendall v. Selvaggio, 413 Mass. 619, 620-621 (1992); Barboza v. McLeod, 447 Mass. 468, 469 (2006). It should be noted, however, that the clearly erroneous standard “does not protect findings of fact or conclusions based on incorrect legal standards.” Kendall, supra at 621. See also Barboza, supra.

Applying these principles to the case before us, we conclude that there was no error in the trial court’s findings and rulings. There is no merit in the landlord’s principal argument that he cannot be held strictly liable in this case for any breach of the warranty of habitability because “the statute [G.L.C. 186, §14] and law do not impose [137]*137a one way obligation on the Landlord to ensure that a rental meets the standards at law regulating the livable conditions at a rental home.” Stated alternatively, the landlord’s mistaken contention is that he is not liable because the tenants failed to notify him of any defect and to permit him to remedy it. The trial evidence, however, clearly contradicts the landlord’s assertion that he did not receive notice or had no knowledge of the safety issues in the leased premises.4 Further, and of greater significance, is that the landlord’s argument ignores the elementary point that it is the landlord’s dufy at the commencement of the tenancy to provide a tenant with premises free from conditions that would endanger or materially impair the health or safety of the tenant. See Boston Hous. Auth. v. Hemingway, 363 Mass. 184, 197-199 (1973).5 Where the evidence establishes that leased premises were uninhabitable from the inception of the tenancy, damages run from that time without the necessity of showing that the landlord knew of the defects affecting habitability. McKenna v. Begin, 3 Mass. App. Ct. 168, 173-174 (1975). The obligation of the landlord to provide a safe and habitable dwelling at the inception of the tenancy is codified in 940 CMR §3.17(1), which states:

(1) Conditions and Maintenance of a Dwelling Unit. It shall be an unfair or deceptive act or practice for an owner to:

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Related

United States v. United States Gypsum Co.
333 U.S. 364 (Supreme Court, 1948)
Boston Housing Authority v. Hemingway
293 N.E.2d 831 (Massachusetts Supreme Judicial Court, 1973)
McKenna v. Begin
325 N.E.2d 587 (Massachusetts Appeals Court, 1975)
Doe v. New Bedford Housing Authority
630 N.E.2d 248 (Massachusetts Supreme Judicial Court, 1994)
Marlow v. City of New Bedford
340 N.E.2d 494 (Massachusetts Supreme Judicial Court, 1976)
Kendall v. Selvaggio
602 N.E.2d 206 (Massachusetts Supreme Judicial Court, 1992)
Berman & Sons, Inc. v. Jefferson
396 N.E.2d 981 (Massachusetts Supreme Judicial Court, 1979)
Millennium Equity Holdings, LLC v. Mahlowitz
925 N.E.2d 513 (Massachusetts Supreme Judicial Court, 2010)
T. L. Edwards, Inc. v. Fields
358 N.E.2d 768 (Massachusetts Supreme Judicial Court, 1976)
Barboza v. McLeod
447 Mass. 468 (Massachusetts Supreme Judicial Court, 2006)
Lundgren v. Gray
671 N.E.2d 967 (Massachusetts Appeals Court, 1996)
Residence Inn By Marriott, Inc. v. Flavel
1998 Mass. App. Div. 170 (Mass. Dist. Ct., App. Div., 1998)
31-35, LLC v. Zucco
2008 Mass. App. Div. 14 (Mass. Dist. Ct., App. Div., 2008)
Cardoza v. Cardoza
2006 Mass. App. Div. 137 (Mass. Dist. Ct., App. Div., 2006)

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Bluebook (online)
2012 Mass. App. Div. 135, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ward-v-gaffny-massdistctapp-2012.