Serreze v. YWCA of Western Massachusetts, Inc.
572 N.E.2d 581, 30 Mass. App. Ct. 639 (1991)
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Rule of Law:
General Laws c. 186, § 14, which prohibits self-help evictions, extends its protection to "occupants" of "residential premises," regardless of whether a formal landlord-tenant relationship exists, thereby requiring judicial process for removal.
Facts:
- The YWCA of Western Massachusetts operated a "Transitional Living Program" (TLP) in Northampton, leasing units in a multi-unit apartment building, to provide housing and social services for battered women and their children.
- Mary Serreze, Angela Anderson, and Jane Doe were participants in the TLP, each residing in her own apartment, which was subsidized by the Department of Community Affairs, and paid a monthly rent based on her income.
- Toward the end of January 1989, the plaintiffs developed grievances against the program coordinator, including charges of breach of confidentiality and inaccessibility.
- Doe and Serreze subsequently refused to attend individual and group counseling sessions, which were required as part of the TLP.
- In March 1989, the YWCA issued 30-day notices to vacate to Doe and Serreze, citing their failure to participate in support services; Anderson also received a notice to vacate for other reasons.
- The YWCA executive director met with the plaintiffs and informed them that if they failed to vacate their apartments, she would have the locks changed.
- On May 12, 1989, during a conciliation conference with the Department of Social Services, YWCA representatives walked out of the meeting and changed the locks on the plaintiffs’ apartment doors, barring their re-entry.
Procedural Posture:
- Mary Serreze, Angela Anderson, and Jane Doe filed a lawsuit against the YWCA of Western Massachusetts in Superior Court, alleging unlawful eviction under G. L. c. 186, §§ 14 and 15F, and violations of the State Civil Rights Act, G. L. c. 12, § 111, seeking preliminary injunctive relief and damages.
- The YWCA moved to dismiss the plaintiffs' complaint, arguing that their relationship to the YWCA was that of voluntary social service clients, not tenants.
- The Superior Court judge granted the YWCA's motion to dismiss (which was treated as a motion for summary judgment because documents beyond the pleadings were considered) and entered judgment in favor of the YWCA on all claims.
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Issue:
Does Massachusetts General Laws c. 186, § 14, protect women residing in subsidized "Transitional Living Program" units from self-help eviction by the program operator, even if they are considered clients rather than traditional tenants?
Opinions:
Majority - Greenberg, J.
Yes, Massachusetts General Laws c. 186, § 14 protects the women residing in the YWCA's Transitional Living Program units from self-help eviction, requiring judicial process. The court reasoned that G. L. c. 186, § 14, broadly prohibits a "lessor or landlord" from "directly or indirectly interfering with the quiet enjoyment of any residential premises by the occupant" or attempting to regain possession "by force without benefit of judicial process." This statute does not require a classic "tenancy" relationship; rather, the plaintiffs qualified as "occupants" of "residential premises" due to their residence in individual apartments, payment of rent, and exclusive right of possession and control. The YWCA's act of changing the locks constituted an unlawful self-help eviction and a breach of the covenant of quiet enjoyment. The court acknowledged the YWCA's legitimate interests in program viability but stated that summary process provides a speedy remedy and that the program's restorative nature should not preclude the application of the statute. However, the court affirmed the dismissal of the civil rights claim, finding no evidence that the YWCA ever threatened, intimidated, or coerced the plaintiffs, nor that its actions were specifically directed toward a particular individual or class in a discriminatory manner; rather, the YWCA's actions were likely a "misconstruction of their regulatory and statutory relationship."
Analysis:
This case significantly broadens the scope of tenant-like protections in Massachusetts, affirming that individuals in subsidized housing or transitional programs are often considered "occupants" with rights against self-help eviction. It reinforces the strong public policy against landlords taking the law into their own hands, even in non-traditional housing arrangements. This ruling ensures that vulnerable populations, like victims of domestic abuse in transitional housing, are afforded due process before being removed from their residences, placing a greater burden on program operators to follow legal eviction procedures. It serves as a reminder that the label applied to an occupancy (e.g., "client" vs. "tenant") does not dictate the application of fundamental landlord-tenant protections.
