Perez v. Boston Housing Authority

400 N.E.2d 1231 (1980)

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Nature of the Case

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Facts

Perez (P) and others instituted a class action lawsuit against Boston (D) in order to obtain housing that was at least up to State Sanitary Code. To fix the issues the judge first tried injunctive powers, and they failed miserably. The judge also appointed a Master to investigate and determine the scope of the problems and issues and to gain information on the best way, with resources available, to fix problems. As early as August 4, 1976, Ps moved for the court for a receiver with authority temporarily to run D in an attempt to bring the properties up to sanitary code levels, but D’s lawyers moved for discovery and delayed it by negotiating a consent decree. A consent decree was formulated, and that failed. After nearly five years of litigation, the judge took the step of ordering appointment of a 'receiver' who would assume temporarily the functions of D, subject to court order, this again with a view to securing, to the extent that competent management contending with financial stringency could do so, the minimal statutory rights upon which the action was grounded. This appeal resulted.