Babson v. BOSTON RENT CONTROL ADMINISTRATOR

We agree with a judge of the Housing Court of the City of Boston who ruled, under St. 1970, c. 842, § 6 (a), that the base maximum rent of a controlled rental unit (“the rent charged the occupant for the month six months prior to the acceptance of this act by a municipality”) includes amounts payable by tenants under the terms of tax escalation clauses in their leases.

The defendant rent control administrator issued rent Regulation 1, § 5 of which purported to exclude from the maximum rent any tax increment on account of tax increases announced by the city of Boston after the base month. Here,…