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Consumer Protection Legislation and the Assertion of Tenant Rights - The Massachusetts Paradigm

NCJ Number
94799
Journal
Boston University Law Review Volume: 59 Issue: 3 Dated: (May 1979) Pages: 483-513
Author(s)
D J Deschenes
Date Published
1979
Length
32 pages
Annotation
The use of consumer legislation as a tenant remedy is examined by focusing on the Massachusetts Consumer Protection Act, Chapter 93A.
Abstract
Chapter 93A is one of the most comprehensive State consumer statutes. It prohibits a wide variety of unfair and deceptive commercial practices. It includes provisions for individual and class suits, multiplied damages, award of costs and attorney's fees, and a dispute-resolving mechanism. This mechanism, the demand letter provision, encourages private settlement of disputes with minimal disruptions of the landlord-tenant relationship. When court intervention is needed, Chapter 93A is an attractive vehicle for asserting tenant claims. The Act can substitute for traditional tenant remedies when those remedies are inadequate. Shortening the demand letter period and raising the minimum recovery to $200 would significantly improve the Act. The text of Chapter 93A is appended.