Banushi v. Dorfman

This case presents the question whether a two-family house in which one unit is rented is a “building” within the meaning of G. L. c. 143, § 51, a statute that imposes strict liability on the property owner (among others) for injuries resulting from building code violations.

The essential facts are not in dispute. The Dorfmans owned a two-family home in Revere (the house), lived on the first floor, and rented the other apartment. They owned no other rental property at the time in question. They hired a contractor to paint parts of the exterior of the house. The contractor in turn *243hired the…