New Bedford Hous. Auth. v. Marcial
New Bedford Hous. Auth. v. Marcial
Opinion of the Court
The New Bedford Housing Authority (NBHA) filed this summary process action against its tenant Maria Marcial,
1. Postal verification forms. Marcial first challenges the admission of forms that the NBHA prepared and sent to the post office to verify Rosa's and Escobar's mailing addresses. NBHA property manager Janet Morreiro testified that, as a result of an inquiry from the United States Department of Housing and Urban Development, the NHBA's executive director asked her to look into Marcial's household composition. Morreiro then sent two verification forms to the post office in June and July of 2016, requesting address information for Rosa and Escobar and listing Marcial's address as their last known address. Each of the returned forms from the post office contain a date stamp at the bottom and, in a section labeled "For Post Office Use Only," a checkmark next to the box for "Mail is Delivered to Address Given."
The parties' arguments to the judge centered on whether the forms fell within the business records exception to the hearsay rule. This exception, codified at G. L. c. 233, § 78, applies where "(1) the entry, writing, or record was made in good faith; (2) in the regular course of business; (3) before the beginning of the civil or criminal proceeding in which it is offered; and (4) it was the regular course of such business to make such memorandum at the time of such act, transaction, occurrence, or event, or within a reasonable time thereafter." Commonwealth v. Tran,
Marcial argues that the verification forms were not made in good faith or in the regular course of business because Morreiro only sent them after she was ordered to by the executive director. According to Marcial this shows that the forms were "targeted," rather than made in the ordinary course of business. We disagree. Morreiro testified that she was the NBHA's property manager for over twenty years, that her duties included keeping track of tenants' household composition, that she prepared the forms in good faith and sent them before litigation commenced, and that it was in the NBHA's usual course of business to request verifications and put the information in the tenant's file. This testimony was sufficient to satisfy the requirements of G. L. c. 233, § 78. See Quinn Bros. v. Wecker,
Marcial further argues, however, that the responses from the post office are second-level hearsay and not admissible without testimony from a post office employee. But G. L. c. 233, § 78, "makes clear that [a business] record is admissible even when the preparer has relied on the statement of others." Beal Bank,
2. Police reports. Marcial next contends that the judge erred by admitting two police reports without redacting the portions identifying Rosa's and Escobar's addresses as Marcial's address. While not challenging the admission of the reports themselves, Marcial claims that the addresses should have been redacted because they were outside the scope of the officers' firsthand observations. But as both officers testified, they questioned Rosa and Escobar and obtained the addresses directly from them. Thus, the officers personally observed Rosa and Escobar make these statements. And the statements were admissible not for their truth, but for the fact that they were made -- that is, to show that Rosa and Escobar each held out Marcial's address to be his own. The judge did not abuse her discretion in admitting this evidence. See Tran,
Judgment affirmed.
The other named defendant, Yarimar Marcial, did not appear at trial and did not file a notice of appeal.
Thus, Marcial is incorrect to the extent she is claiming that the absence of express findings constitutes reversible error.
Because we conclude that there was no error, we need not address Marcial's contention that the error was not harmless. We note, however, that there was other evidence supporting the judge's decision, including records from the Registrar of Motor Vehicles showing that Rosa and Escobar listed Marcial's address on their driver's licenses, and testimony from Rosa's father that Rosa did not live with him, even though Marcial stated during a conference with the NBHA that he did.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.