Fennelly v. Kimball Court Apartments Ltd. Partnership

INTRODUCTION

Plaintiff Linda Fennelly (“Fennelly”) filed this action against the defendant landlords seeking declaratoiy and injunctive relief and monetary damages for excluding her and her children from their Section 8 subsidized apartment following a fire. This matter is before the court on the parties’ cross-motions for summary judgment on Counts I through V of the complaint pursuant to Mass.R.Civ.P. 56. For the reasons discussed below, the defendants’ motion for summary judgment is DENIED and the plaintiffs cross motion is ALLOWED.

BACKGROUND

The undisputed facts, and any disputed facts…