Mass. Appeals Court Defines Landlord Liability Under Chapter 93A
Massachusetts Appeals Court ruled landlord's regulatory failures violate Chapter 93A per se.
Why it matters: Legal practitioners in property management and tenant disputes now have clearer precedents for advising clients on landlord liability and tenant remedies under the consumer protection law.
- Decision issued September 14, 2026, in AIF Dartmouth, LLC v. Hanson.
- Landlord's failure to repair window screens and patio-door lock violated 940 Code Mass. Regs. 3.17(1)(e).
- Regulatory violation alone constitutes a Chapter 93A, Section 2 violation, regardless of COVID-19 disruptions.
- Tenant must prove actual injury from the violation to recover damages under Chapter 93A, Section 9.
On September 14, 2026, the Massachusetts Appeals Court issued a landmark ruling in AIF Dartmouth, LLC v. Hanson, clarifying landlord liability under Chapter 93A, the state's consumer protection statute.
The court held that a landlord's failure to timely repair defective window screens and a patio-door lock, as mandated by 940 Code Mass. Regs. 3.17(1)(e), constitutes a per se unfair or deceptive act under Chapter 93A Section 2. This means such regulatory violations automatically violate the statute, irrespective of mitigating factors like COVID-19 supply chain disruptions.
However, for tenants to recover damages, the court emphasized they must demonstrate actual injury caused by the Section 2 violation under Section 9 of Chapter 93A. In this case, the court upheld the trial judge’s denial of emotional-distress damages to the tenant due to insufficient evidence linking the landlord’s conduct to the claimed injuries.
This ruling provides crucial guidance for attorneys advising clients in residential landlord-tenant matters. It confirms that while regulatory noncompliance is per se actionable, tenants bear the burden of proving harm to secure damages.
By the numbers:
- September 14, 2026 — Date of the Appeals Court decision
- 940 Code Mass. Regs. 3.17(1)(e) — Regulation cited for repair obligations
- Chapter 93A Sections 2 and 9 — Statutory bases for liability and damages
Yes, but: While the court ruled regulatory violations are per se violations of Chapter 93A Section 2, tenants must still prove actual injury to recover damages, limiting award scope.