okafor_motion_to_dismiss

1COMMONWEALTH OF MASSACHUSETTS TRIAL COURT — HOUSING COURT DEPARTMENT, EASTERN DIVISION Docket No. 26H84SP000417 2HARBORVIEW RESIDENTIAL LLC, Plaintiff, v. DANA OKAFOR, Defendant. 3DEFENDANT'S MOTION TO DISMISS AND MEMORANDUM IN SUPPORT 4Background 51. My rent is $1,950 per month. 6I paid my January 2026 rent on January 2, 2026. 72. The landlord collected a security deposit of $3,700 from me. 83. The Notice to Quit was dated March 2, 2026. 94. The city inspector found the temperature in my apartment was 52 degrees. 10Argument 115. Under Uniform Summary Process Rule 2, the summons must be served at least 14 days before the entry date. 126. Mass. 13Gen. 14Laws ch. 15186, § 15B requires a landlord to pay interest of 10 percent per year on a security deposit. 167. In Simon v. Solomon, 385 Mass. 1791 (1982), the Court held that a landlord is not liable unless the landlord intended to interfere with the tenant's quiet enjoyment. 18That case does not help the landlord here. 198. See Ramirez v. Beacon Hill Housing Partners, 98 Mass. 20App. 21Ct. 22455 (2020) (dismissing eviction where landlord ignored repair requests). 239. Javins v. First National Realty Corp., 428 F.2d 1071 (D.C. Cir. 241972), explains that housing code standards define habitability. 2510. A landlord who fails to provide heat is liable for three months' rent or actual damages, whichever is greater, under G.L. c. 26186, § 14. 2711. Under G.L. c. 28239, § 8A, if the amount the court finds due to me on my counterclaim is less than the rent, I can keep my apartment by paying the difference within thirty days of judgment. 2912. Under Uniform Summary Process Rule 7, if I serve discovery requests, the trial is automatically postponed for two weeks. 3013. The Housing Court Tenant Protection Act of 2021 requires mediation before any eviction can go forward. 31For these reasons, I ask the Court to dismiss this case. 32Dana Okafor, pro se April 13, 2026