MISC 15-000125

March 30, 2016

Suffolk, ss.



This action, which commenced April 15, 2015, with the filing of a verified complaint by Rhonda Payne, asserts claims for declaratory relief and to remove a cloud on title pursuant to G. L. c. 240, §6, all with respect to certain alleged violations of a Covenant for Affordable Housing (the “Covenant”) restricting Unit 3 at the Lawrence Court Condominium, located at 354 Columbus Avenue, Boston (the “Unit”). The defendant Boston Redevelopment Authority asserted counterclaims and crossclaims for specific performance of the Covenant for Affordable Housing, and for declaratory relief.

This case came on for hearing on defendant Boston Redevelopment Authority’s Motion for Summary Judgment on its counterclaim against plaintiff Rhonda Payne and its crossclaim against defendant Michelle Payne. In a decision of even date, the court (Speicher, J.) has determined that judgment shall enter in favor of the defendant Boston Redevelopment Authority on all counts, and to the extent consistent with such judgment, where she seeks identical relief, judgment shall also in favor of plaintiff Rhonda Payne.

In accordance with the court’s decision, as amended, it is

ORDERED, ADJUDGED, and DECLARED, that the conveyance of an interest in the Unit from Rhonda Payne to Rhonda Payne and Michelle Payne by a unit deed recorded with the Suffolk County Registry of Deeds (“Registry”) on August 1, 2011 in Book 47977, Page 151, violated the Covenant encumbering the Unit, which is referred to in the said deed and is recorded with the Registry in Book 25506, Page 285; and it is further

ORDERED, ADJUDGED, and DECLARED, that by her failure to reside in the Unit, Rhonda Payne further violated the Covenant; and it is further

ORDERED, ADJUDGED, and DECLARED that the unit deed recorded with the Registry on August 1, 2011 in Book 47977, Page 151, is VOID AB INITIO and of no legal significance; and it is further

ORDERED and ADJUDGED that Michelle Payne shall promptly, but in no event later than sixty (60) days from the date of this Judgment, vacate the Unit and remove all her belongings; and it is further

ORDERED and ADJUDGED that Rhonda Payne shall be entitled to immediate possession of the Unit, and that she shall cooperate with the Boston Redevelopment Authority in the sale of the Unit in accordance with the Covenant and the Boston Redevelopment Authority’s Affordable Housing Program; and it is further

ORDERED and ADJUDGED that this Judgment is a full adjudication of all the parties’ claims in this case, and all prayers for relief by any party in this action which are not granted in the preceding paragraphs are DENIED. It is further

ORDERED that no costs, fees, damages, or other amounts are awarded to any party.

By the Court.