Rental Subsidy Discrimination Award Not Discharged
By L. Jed Berliner, Springfield Bankruptcy Attorney on Apr 12, 2008 in Bankruptcy Cases of Interest, Consumer Protection, Discharge, What Can and Cannot Be Forgiven, Massachusetts
“Section 8″ is a phrase indicating public assistance, or a subsidy, for rental expenses. Discrimination against recipients violates Massachusetts law. A state court judgment for $1.00 actual damages, $5,000.00 punitive damages, and attorney fees issued against a landlord who then filed for bankruptcy protections - and lost as to this award.
Bernal v Benham (In re Benham), 2008 Bankr. LEXIS 388 (Bankr. D. Mass. 2008) ruled that the judgment was for a “willful and malicious injury.” Such debts are not discharged.
Congratulations to Attorney Christopher M. Uhl of Worcester, MA for this vindication of the tenant’s rights.
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