371 Mass. 892 | Mass. | 1976
The defendant (landlord) appeals from a Superior Court judgment which awarded the plaintiffs (tenants) $5,300 as liquidated damages, $1,500 in attorney’s fees, and their costs as a result of the landlord’s demand for the payment of rent in excess of the maximum lawful rent permitted under St. 1970, c. 842 (hereinafter the Rent Control Act), which was in effect in Brookline at the time of the landlord’s demand. The landlord also appeals from the denial of his motion for a new trial which was based on the landlord’s asserted unavailability to testify at the time of trial. The case was presented on a stipulation of facts which indicated that the lawful rent for the leased premises, a “controlled rental unit,” had been established in October, 1971, by the rent control board of Brookline at $300 a month. The landlord did not appeal that determination. In July, 1972, the landlord demanded $5,300
Order denying motion for new trial affirmed.
Judgment affirmed.