Haddad v. Gonzale

576 N.E.2d 658 (Mass. 1991)

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Nature of the Case

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Facts

Haddad (P) was in the business of owning and renting residential property in Boston. Gonzalez (D) rented an apartment from P in January 1983. She moved in with her four small children, and the apartment was in deplorable condition. P's agent assured her that the defects in the apartment would be repaired. The contract rent was $250 per month. Nothing was done and repeated attempts to even get heat resulting in P telling D that he would come over at night and 'give her heat' and he had even used his pass key to enter the premises without knocking. In March 1983, D paid partial rent and told P that she was withholding the rest until the problems were fixed. The attempted repairs did not go well as the workmen were drunk and P harassed D and told her that any attempt to sue and she would lose as he would buy the judge and that he would have her sent back to Puerto Rico. The Housing Court Judge approved a plan to eliminate certain sanitary code violations. That was ignored, and the judge even inspected the premises and found a wealth of violations. By August the defects still remained, and D eventually moved from the apartment in September 15, 1983. P sued D and D counterclaimed on six different grounds. The judge found in favor of D but dismissed all but the retaliation and 93A counterclaims in order to avoid awarding cumulative damages. The judge ruled that D suffered emotional distress and that D was awarded $18,000 and the actual value of the apartment instead of the contract rental price. Attorney fees and costs were awarded. P appealed.