Ahmed-Kagzi v. Williams

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For the same reasons stated in Rental Prop. Mgmt. Servs. v. Hatcher, 479 Mass. __ (2018), also decided today, the Supreme Judicial Court held that Fred Basile, a property manager, had no standing to bring a summary process action in his own name when he was neither the owner nor the lessor of the property. Basile brought this summary process action in the name of his sole proprietorship seeking to evict a tenant from a property for which Basile was neither the owner nor the lessor. The tenant asserted counterclaims for the unauthorized practice of law and violations of Mass. Gen. Laws ch. 93A. The trial judge enjoined Basile from commencing summary process actions such as the one in this case but entered judgment in favor of Basile on the chapter 93A counterclaims. The Supreme Judicial Court affirmed, holding (1) Basile had no standing to bring the summary process action; (2) to the extent Basile was acting as the agent of the property owner, he engaged in the unauthorized practice of law by signing and filing the complaint because he was not an attorney; and (3) Basile’s conduct on its own did not constitute an unfair or deceptive practice in violation of chapter 93A. View "Ahmed-Kagzi v. Williams" on Justia Law