Gardner v. Berkman

The Superior Court gave declaratory, injunctive, and other relief to a tenant against his landlord, ruling that the roll-back provisions of the rent control act, St. 1970, c. 842, § 6 (a), apply to preexisting leases. The landlord’s appeal brings to us the single question whether the controversy was within the exclusive original jurisdiction of the District Courts under §§ 10 (b) and 11 of the rent control act. We hold that the Superior Court had jurisdiction and affirm.

We summarize the statement of agreed facts. The tenant occupied an apartment in Brookline under a lease executed before…