390 F. Supp. 3d 246
D.D.C.2019Background
- Walden Park is a 231‑unit Cambridge apartment complex purchased by Equity Residential in 2011; tenants experienced repeated heat and hot water problems from 2011–2014.
- Plaintiffs Baker and Dittmann (tenants of 225 Walden St.) and other tenants reported hundreds of complaints; Equity sent 46 building‑wide emails admitting outages between April 2012 and April 2014.
- Equity performed three major projects: boiler conversion (Apr 2012–May 2013), heating system modifications (mid‑2013), and a riser‑replacement construction project (July–Sept 2014).
- Plaintiffs filed a class action alleging breach of implied covenant of quiet enjoyment, breach of implied warranty of habitability, unjust enrichment, and Chapter 93A violations; the state court certified two classes (Conversion Class and Admitted Outage Class).
- Equity moved to decertify under Rule 23(b)(3) predominance and for summary judgment on quiet enjoyment and Chapter 93A; the federal court modified class definitions and ruled on summary judgment motions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Conversion Class (or proposed Riser Replacement Class) satisfies predominance | Construction project caused uniform, serious interference that can be proven with common evidence (project notices, internal testimony, tenant complaints) | Effects of construction varied by unit/layout/use, requiring individualized proof; predominance fails | Decertified: cannot certify Riser Replacement Class; individualized questions predominate |
| Whether the Admitted Outage Class (dates with "admitted outages") satisfies predominance for habitability and quiet enjoyment | Dates of admitted outages provide a common basis to prove classwide injury | Outages varied in duration/severity; some tenants unaffected; individualized proof needed | Modified certification: Admitted Outage Class certified for habitability and Chapter 93A only, but limited to days with substantial outages |
| Whether a systemic‑failure theory (frequent outages Apr 12, 2012–Apr 24, 2014) supports classwide proof | Systemic failure of building heating/hot water systems is provable with common evidence and supports class claims for long‑term tenants | Short‑term tenants may not have been injured by systemic issues; class must exclude them | Court created Systemic Outage Class (tenants residing for entire Apr 12, 2012–Apr 24, 2014 period); certified for quiet enjoyment and Chapter 93A |
| Whether Equity is entitled to summary judgment on (a) quiet enjoyment and (b) Chapter 93A | Quiet enjoyment and Chapter 93A claims are viable under common‑law/statutory standards; factual disputes remain | §14 limits some claims; plaintiffs cannot prove unit‑specific temperatures or individualized conditions | Summary judgment denied as to quiet enjoyment and Chapter 93A; statutory and common‑law precedent permits claims to proceed |
Key Cases Cited
- Al‑Ziab v. Mourgis, 424 Mass. 847 (recognizes negligent interference can breach quiet enjoyment)
- Simon v. Solomon, 385 Mass. 91 (implied warranty of habitability and quiet enjoyment principles)
- Cruz Mgmt. Co. v. Thomas, 417 Mass. 782 (landlord notice and failure to rectify can breach quiet enjoyment)
- Darmetko v. Boston Housing Authority, 378 Mass. 758 (statutory three months' rent remedy and measure of damages)
- Cruz Mgmt. Co. v. Wideman, 417 Mass. 771 (measure of damages for habitability claim)
- Comcast Corp. v. Behrend, 569 U.S. 27 (damage model must measure damages attributable to classwide theory)
- Tyson Foods, Inc. v. Bouaphakeo, 136 S. Ct. 1036 (predominance requires scrutiny of common vs. individual questions; classwide proof may suffice)