Appeals Court: FLAVIA MORETALARA v. BOSTON HOUSING AUTHORITY

FLAVIA MORETALARA v. BOSTON HOUSING AUTHORITY

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Excerpt from the Appeals Court decision:

The plaintiff, Flavia Moretalara, is an elderly tenant who suffers from various disabilities.  Her son often visited her at her apartment to help take care of her.  Unbeknownst to the plaintiff, her son also hid heroin and a high-capacity firearm magazine there.  When he was arrested and the contraband discovered, the Boston Housing Authority (BHA) terminated the plaintiff’s Section 8 housing benefits.  She, in turn, sought to reverse that decision in court, claiming that her disabilities prevented her from detecting and preventing her son’s misconduct on the premises.  She also provided evidence that, going forward, her son had agreed not to return to her apartment, and that she had secured a new personal care attendant who would help her monitor her apartment.  Based on a record developed over a series of administrative hearings, a Housing Court judge ruled in the plaintiff’s favor and enjoined the BHA from terminating her Section 8 benefits.  On the BHA’s appeal, we affirm.[1]

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