Testa v. Brookline Rent Control Board

Defendant-landlord in November of 1988 petitioned the Brookline Rent Control Board2 to issue a Certificate of Eviction for plaintiff Richard Testa’s tenancy. The Board, after hearing, issued the eviction certificate on the ground that tenant’s consistent late payment of rent over the course of the twelve months preceding the Board’s hearing represented “just cause” for eviction. Judge Shubow reviewed the Board’s decision and affirmed. The tenant presently seeks our review and argues that the Board’s action was unlawful because, under the Board’s bylaws and regulations, the Board may only…