City Wide Associates v. Penfield

This is an eviction proceeding brought by the plaintiff landlord against the defendant tenant whose residential tenancy is subsidized under the Federal Section 8 Moderate Rehabilitation Program administered by the Housing Allowance Project, Inc. (HAP). A judge in the Housing Court granted possession to the tenant and the landlord has appealed. We transferred the appeal here from the Appeals Court on our own initiative, and we now affirm the judgment below. 2

The trial judge filed a memorandum of findings, rulings, and order for judgment on April 21, 1989. He found that the subsidized tenancy…