Boston Housing Authority v. Y.A.

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The Supreme Judicial Court reversed a lower court judge's order of execution on the fifth agreement for judgment between Y.A., an alleged victim of domestic violence, and the Boston Housing Authority (BHA), a covered housing provider, holding that the motion judge failed to consider whether domestic violence contributed to Y.A.'s failure to make the agreed-upon payments.The Housing Court found that Y.A.'s failure to make required payments set forth in the parties' agreement constituted a violation of a material term of the agreement. The judge made no reference to Y.A.'s allegations of an abusive relationship in his findings. The Supreme Judicial Court remanded the matter to the Housing Court for further proceedings, holding that where a judge is given reason to believe that domestic violence is or might be relevant to a landlord's basis for eviction, the judge must ensure that the judge has sufficient evidence to make a determination whether the tenant is entitled to protections under the federal Violence Against Women Act (VAWA), 34 U.S.C. 12291 et seq., and such a determination must be supported by findings. View "Boston Housing Authority v. Y.A." on Justia Law