Chelsea Housing Authority v. Fontes

DISSENTING OPINION

Coven, J.

Because I read the lease provisions at issue more narrowly than the majority or the trial judge, I respectfully dissent.

In Section IV. B. of the standard lease of the Chelsea Housing Authority (“Authority”), the tenant is obligated to report a change of income of 10% within thirty days of its occurrence. A failure to do so would serve as a basis for eviction. Section XII. B. 9. This provision should necessarily apply to any change of income of 10% that is of an ongoing basis, i.e., more than just a temporary or episodic change in income status as occurred in this…