AMPS Receives Favorable Appeals Court Decision in BLE LLC v. Melrose Haynesworth & Others

Favorable decision issued in BLE LLC v. Melrose Haynesworth & Others (No. 2026-J-0328).

In BLE LLC v. Melrose Haynesworth & Others (No. 2026-J-0328) (May 6, 2026), the Appeals Court denied the tenants’ request to overturn the Housing Court’s interim use and occupancy order entered on March 9, 2026, requiring them to pay $582 per month while the eviction case proceeds. The landlord, BLE LLC, alleged that the tenants repeatedly paid their rent and water utility bill late; failed to maintain the apartment in a clean, sanitary, and otherwise acceptable state; and allowed unauthorized occupants to live there. The tenants argued that the Housing Court judge erred in ordering interim use and occupancy because they were not truly in arrears and failed to conduct the appropriate balancing analysis required under David v. Comerford, 483 Mass. 164 (2019).

The Appeals Court explained that, to obtain relief from an interlocutory order, the defendants must demonstrate that the trial court judge committed a clear error of law or abused his discretion. The court rejected the tenants’ argument that interim use and occupancy orders are appropriate only when tenants are substantially behind on rent, noting that the record reflected a consistent history of late, and sometimes, incomplete payments after the eviction case began. The Appeals Court justice also addressed the tenants’ concern that failing to comply with the order could jeopardize their right to a jury trial, emphasizing that courts must consider lesser sanctions before striking a jury demand.

Accordingly, the Appeals Court denied the tenant’s petition and left the interim use and occupancy order in place while the underlying eviction case continues.

BLE LLC v. MEOSHE HAYNESWORTH & others (No. 26-J-0328).pdf

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