Under G. Regulations of the Department of Community Affairs requiring housing authorities to provide conferences and hearing to defaulting tenants and a continuation of leases until a proper termination thereof were not invalid as in conflict with the provision of G. Danielle E. The tenants' complaint alleged, inter alia, that QHA had failed to comply with lawful regulations of the Department of Community Affairs DCA regarding procedures to be followed when QHA sought to evict a tenant from the governmentally subsidized housing operated and maintained by QHA in Quincy.
On October 9, , after hearing, a single justice issued a preliminary injunction restraining QHA from acting in violation of the DCA regulations in question. On October 29, the Commissioner of DCA as a plaintiff filed a separate complaint against QHA seeking essentially the same relief sought by the tenants in their complaint.
On November 6, a stipulation that the two cases would be consolidated was filed and allowed by a single justice. On January 27, , a single justice reserved and reported the proceedings to the full court on the complaints, various exhibits, the preliminary injunction, QHA's answer, various stipulations, a letter, and the agreed statement of facts.
The dispute in these cases centers around the validity of certain related portions of two sets of regulations promulgated by DCA on February 22, Both sets of regulations provide that a waiver is to be granted only on a showing of one of the following: a the requirement is inappropriate or inapplicable because of peculiar local conditions; b the requirement will impose a substantial hardship on the LHA or on the tenant; or c the LHA and the tenants mutually agree that a requirement is undesirable in light of a particular local circumstance.
Subsequent to the filing of the original complaint in these cases, QHA adopted and agreed to implement a lease as prayed for in that complaint, that is, a lease in accordance with the Lease Regulations and the Grievance Regulations, except that the lease adopted does not comply with Section VI C of the Model Lease and Section A of the Model Grievance Procedure.
