02 January 2008

KingCast presents Taylor's Law.

Here’s something Big to Dig:

Dear Governor Patrick:
We at CP Law Offices have filed a lawsuit regarding the conditions and legal promises relative to the tragic fire at 80 Middle Street that cost Robert Taylor his life. The basis of that lawsuit is chiefly that people do not willingly move into a building that is years out of code, as was the Lorraine. Our client lived above Mr. Taylor and next door to the Kushin family that moved out because they were afraid of a fire.
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Robert Taylor's Law:

Taylor's Law:

WHEREAS the High Court of Massachusetts has determined that the conveyance of a lease carries certain promises, to wit:

"We now find in the rental of a dwelling unit . . . an implied agreement by the landlord that the rented unit complies with the minimum standards prescribed by building and sanitary codes and that he will do whatever those codes require for compliance during the term of the renting. Crowell v. McCaffrey, 377 Mass. 443, 451 (1979): We also held that violation of a statute or building code provision related to safety was evidence of the landlord's negligence. Accord Lindsey v. Massios, 372 Mass. 79, 83-84 (1977). Perry v. Medeiros, 369 Mass. 836, 841 (1976)."

AND, WHEREAS

It is potentially a crime for a landlord not to be in compliance with bulding code: 780 CMR 118.4: Violation penalties: Whoever violates any provision of 780 CMR, except any specialized code referenced herein, shall be punishable by a fine of not more than $1,000 or by imprisonment for not more than one year, or both for each such violation. Each day during which a violation exists shall constitute a separate offense. The building official shall not begin criminal prosecution for such violations until the lapse of 30 days after the issuance of the written notice of violation.

IT SHALL THEREFORE BE DECLARED

That it shall be a crime of Fraud for a landlord to a) present any type of lease or b) to allow any type of leasehold arrangement in a dwelling without notifying the holder of the leasehold estate that the building is not current with applicable health or inspection code if the premises has been out of code for a period of thirty (30) days or more. Each day out of rule more than thirty (30) may be assessed as contemplated by 780 CMR 118.4.

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