Boston edvelopment Authority v. Pham, et al. (Lawyers Weekly No. 11-184-15)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us 14-P-1734 Appeals Court BOSTON REDEVELOPMENT AUTHORITY vs. JEFFREY PHAM & another.[1] No. 14-P-1734. Suffolk. October 1, 2015. – December 9, 2015. Present: Kafker, C.J., Katzmann, & Rubin, JJ. Housing. Redevelopment Authority. Deed. Real Property, Deed, Condominium. Condominiums, By-laws, Master deed. Practice, Civil, Findings by judge, Attorney’s fees. Civil action commenced in the Superior Court Department on December 1, 2010. The case was heard by Bonnie H. MacLeod, J., and a motion for attorney’s fees and costs was heard by her. Edward S. Englander (Shannon F. Slaughter with him) for the plaintiff. James A. Schuh for Jeffrey Pham. KAFKER, C.J. In this case we must decide whether Jeffrey Pham violated affordable housing restrictions established by the Boston Redevelopment Authority (BRA) that (1) required Pham to maintain his condominium unit as his principal residence, and (2) prohibited him from leasing his unit for business or investment purposes. As we discern no error in the Superior Court judge’s determination that Pham continued to occupy his condominium unit as his principal residence despite his extensive work-related travel, and that he did not violate any deed or other covenants when he took in a succession of roommates to share the space and defray the carrying costs of the unit, we affirm. 1. Background.[2] a. 2007 purchase of affordable housing unit. Having won a housing lottery and been approved by the BRA, on June 1, 2007, Jeffrey Pham purchased unit 413, a two-bedroom affordable condominium unit at 2400 Beacon Street in the Chestnut Hill section of Boston (unit or premises). His application stated that his sister, a college student, would live in the unit with him. Pham signed a number of documents relative to his purchase of the unit, including the unit deed, a deed rider covenant for affordable housing (covenant), a note, and a mortgage identifying the BRA as the mortgagee. In addition, recorded with the unit deed is an affirmation signed by Pham accepting the unit deed and agreeing to its provisions along with the provisions of the master deed and declaration of trust,[3] including the by-laws and rules and regulations adopted by the trustees of the condominium. Both as part of his application and yearly thereafter, Pham executed an affidavit averring that he occupied the unit as his principal residence. The purpose of the covenant, […]