Rental Subsidy Discrimination Award Not Discharged
By L. Jed Berliner, Massachusetts Bankruptcy Attorney on Apr 12, 2008 in Bankruptcy Cases & Legislation, Debts Not Dischargeable, 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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