| Mass. | May 27, 1976
On May 9,1975, the rent board of the city of Boston (board) filed an action for injunctive and declaratory relief in the Housing Court of the City of Boston seeking a determination that the provisions of the city’s rent control ordinance applied to the defendants’ low and moderate income housing, the construction of which has been financed under § 221 (d) (3) of the National Housing Act. 12 U.S.C. § 1715 1(d) (3) (1970), as amended (Supp.
Two events, brought to our attention by the parties, have occurred since the entry of judgment in the Housing Court which prompt us to remand this action to the Housing Court for further consideration. On October 22,1975, HUD amended the regulation considered by the Housing Court, making specific references to the inapplicability of local rent control provisions in certain circumstances. The board argues that the amendment, which is not before us formally in the record, affirms the correctness of the Housing Court’s conclusions. The defendants deny this assertion. The amendment appears to present a question which should be considered in connection with the resolution of the basic issue raised in this case.
The second event which may have a bearing on this action is a judgment entered on April 9,1976, in the United States District Court, District of Massachusetts, pursuant to a memorandum decision of that court on March 19, 1976, in two consolidated cases involving (among others) the parties in the case now before us.
On remand to the Housing Court, the defendants may wish to move to amend their pleadings or otherwise bring to the Housing Court’s attention the amended regulation and the judgment of the Federal court. See, as to the “prior” judgment, Mass. R. Civ. P. 9 (e), 365 Mass. 751 (1974). The case is remanded to the Housing Court for further proceedings, including consideration of the question whether any injunction issued by a judge of that court should be modified or revoked.
So ordered.
Druker v. Boston (Civil No. 71-45-F) (D. Mass. March 19, 1976).