Defendant's Motion to Dismiss and Memorandum in Support

This page organizes what the filing says, in the filer's words, with a link to the source for every line. It does not weigh the evidence, assess credibility, or suggest a ruling.

Questions of fact to clarify

• gap

  The filing relies on the 14-day service requirement but does not state when the summons was served or what the entry date was. p.1:11

• gap

  No date is stated for the city inspector's inspection or temperature reading. p.1:9

• gap

  The filing refers to Filer's counterclaim but does not describe it, give an amount, or say whether it was filed. p.1:28

• gap

  The filing refers to serving discovery requests but does not say whether any were served, or when. p.1:29

• gap

  The filing cites a case about ignored repair requests but does not say whether Filer made any repair requests, or when. p.1:22

• gap

  The filing refers to a mediation requirement but does not say whether mediation took place. p.1:30

• gap

  The filing states January 2026 rent was paid but does not address rent for any later month or say what ground the Notice to Quit gave. p.1:6p.1:8

What happened (filer's account)

• Filer states the rent is $1,950 per month. p.1:5
• Filer states the landlord collected a security deposit of $3,700 from Filer. p.1:7
• Filer states Filer paid the January 2026 rent on January 2, 2026. p.1:6
• Filer states a Notice to Quit was dated March 2, 2026. p.1:8
• Filer states a city inspector found the temperature in Filer's apartment was 52 degrees. p.1:9

When

• Filer states the January 2026 rent was paid on January 2, 2026. p.1:6
• Filer states the Notice to Quit was dated March 2, 2026. p.1:8
• The filing is signed and dated April 13, 2026. p.1:32

Where

• The case is captioned in the Massachusetts Housing Court Department, Eastern Division, Docket No. 26H84SP000417. p.1:1
• Filer states the inspector's temperature reading was taken in Filer's apartment (no address stated). p.1:9

Who was involved

• Harborview Residential LLC is named as Plaintiff. p.1:2
• Dana Okafor is named as Defendant and signs pro se. p.1:2p.1:32
• Filer refers to a city inspector (not named). p.1:9

What the filer is asking the court to do

• Filer asks the Court to dismiss the case. p.1:31
• Filer cites Uniform Summary Process Rule 2 as requiring service of the summons at least 14 days before the entry date. p.1:11
• Filer cites G.L. c. 186, § 15B as requiring the landlord to pay 10 percent annual interest on a security deposit. p.1:12p.1:13p.1:14p.1:15
• Filer cites Simon v. Solomon, 385 Mass. 91 (1982), describing its holding as requiring landlord intent to interfere with quiet enjoyment, and states the case does not help the landlord here. p.1:16p.1:17p.1:18
• Filer cites Ramirez v. Beacon Hill Housing Partners, 98 Mass. App. Ct. 455 (2020), described as dismissing an eviction where the landlord ignored repair requests. p.1:19p.1:20p.1:21p.1:22
• Filer cites Javins v. First National Realty Corp., 428 F.2d 1071 (D.C. Cir. 1972), for the statement that housing code standards define habitability. p.1:23p.1:24
• Filer cites G.L. c. 239, § 8A as allowing Filer to keep the apartment by paying any difference between rent and the counterclaim amount within thirty days of judgment. p.1:27p.1:28
• Filer cites Uniform Summary Process Rule 7 as automatically postponing trial two weeks if discovery requests are served. p.1:29
• Filer cites the Housing Court Tenant Protection Act of 2021 as requiring mediation before any eviction can go forward. p.1:30

Evidence attached or referenced

No evidence referenced.