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Landlord and tenant – Fees – Setoff
Where (1) a Housing Court judge, finding that the defendant tenant owed rent to the plaintiff landlord, awarded the landlord damages and fees and (2) on the tenant's counterclaims for breach of the implied warranty of habitability and unfair or deceptive business practices, the judge awarded the tenant damages and fees, the judgments impermissibly set off the parties' fee awards against each other[...]
The Most Important Opinions, January – June 2026
This special feature contains summaries of hundreds of the most notable opinions that were published in Massachusetts Lawyers Weekly in the first half of 2026.
Landlord and tenant – Lead – ‘Pre-occupancy certificate’
Where a hearing officer found a respondent landlord liable for housing discrimination due to the presence of lead in violation of G.L.c. 111, §199A, that finding should be upheld because the hearing officer correctly determined that a “pre-occupancy certificate” did not establish compliance with the law.
Religious clause dooms rent control ballot question
The Supreme Judicial Court ruled on June 23 that the initiative petition to repeal the state's three-decade ban on rent control cannot move forward.
Elections – Initiative petition – Rent control
Where the attorney general has certified an initiative petition that proposes a limit on annual rent increases for residential dwelling units but exempts several categories of units, including those in “facilities operated solely for ... religious ... purposes,” the petition should not have been certified, as it “relates to religion, religious practices or religious institutions,” an exclu[...]
Healey wants to find rent control compromise, spokesman says
Gov. Maura T. Healey wants to find a legislative compromise to the rent control ballot question that she opposes, according to her campaign.
Housing Court hosting landlord-tenant law training session in Salem
The Northeast Division of the Housing Court will host a free landlord-tenant law training session in Salem on June 12 for attorneys who volunteer with a Lawyer for the Day program.
Landlord and tenant – Manufactured housing communities
Where a decision by the mobile home rent control board of Chicopee allowing a rent increase in three manufactured housing communities was set aside by a Housing Court judge due to technological issues with an internet-based videoconferencing platform used during the public hearing, the judge’s ruling should be vacated because the plaintiff tenant has not shown that her substantial rights may hav[...]
Landlord and tenant – Foreclosure
Where a plaintiff commercial landlord was awarded summary judgment in a summary process proceeding, that judgment should be affirmed because the defendant tenant’s lease did not remain in effect after a mortgage foreclosure sale of the subject property.
Landlord and tenant – Default judgment
Where (1) a plaintiff filed a complaint alleging a breach of a commercial lease and guaranty and (2) both defendants were defaulted, the defendants should be held jointly and severally liable in the amount of $4,792,497.43, plus reasonable counsel fees and costs of $46,811.23.
SJC weighs exemption of religious units in challenge to rent control measure
Supreme Judicial Court justices on May 6 pitched questions at attorneys on either side of a challenge to an initiative petition that would cap annual rent increases statewide at 5 percent or the Consumer Price index, whichever is lower.
Cases scheduled to be heard in May
The Supreme Judicial Court has posted its docket for May. Following is a list of the cases to be argued, with summaries of the issues presented in each case.
