Session Laws

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. The last sentence of section 127G of chapter 111 of the General Laws, as appearing in the 1986 Official Edition, is hereby amended by inserting after the word "Hampden", in line 13, the following words:- , the northeastern division of the housing court department, the southeastern division of the housing court department.

SECTION 2. Section 1 of chapter 185C of the General Laws, as amended by chapter 171 of the acts of 1985, is hereby further amended by striking out the first sentence and inserting in place thereof the following sentence:- The housing court department, established under section one of chapter two hundred and eleven B, shall be composed of a division for Hampden county; a division for Worcester county, including the town of Bellingham in Norfolk county and the towns of Ashby and Townsend in Middlesex county; a northeastern division, including the cities and towns of Essex county as well as the city of Lowell and the towns of Billerica, Chelmsford, Dracut, Dunstable, Groton, Pepperell, Shirley, Tewksbury, Tyngsborough, and Westford in Middlesex county; a southeastern division, including the cities and towns of Bristol and Plymouth counties; and a division for the city of Boston.

SECTION 3. Section 3 of said chapter 185C, as appearing in the 1986 Official Edition, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-

The divisions of the housing court department shall have common law and statutory jurisdiction concurrent with the divisions of the district court department and the superior court department of all crimes and of all civil actions arising in the city of Boston in the case of that division, in the county of Hampden in the case of that division and within the cities and towns included in the Worcester county division, northeastern division and southeastern division, in the case of those divisions, under chapter forty A, sections twenty-one to twenty-five, inclusive, of chapter two hundred and eighteen, sections fourteen and eighteen of chapter one hundred and eighty-six and under so much of sections one hundred and twenty-seven A to one hundred and twenty-seven F, inclusive, and sections one hundred and twenty-seven H to one hundred and twenty-seven L, inclusive, of chapter one hundred and eleven, so much of chapter ninety-three A, so much of section sixteen of chapter two hundred and seventy, so much of chapters one hundred and forty-three, one hundred and forty-eight, and two hundred and thirty-nine, jurisdiction under the provisions of common law and of equity and any other general or special law, ordinance, by-law, rule or regulation as is concerned directly or indirectly with the health, safety, or welfare, of any occupant of any place used, or intended for use, as a place of human habitation and the possession, condition, or use of any particular housing accommodations or household goods or services situated therein or furnished in connection therewith. The divisions of the housing court department shall also have jurisdiction of all housing problems, including all contract and tort actions which affect the health, safety and welfare of the occupants or owners thereof, arising within and affecting residents in the city of Boston, in the case of that division, Hampden county, in the case of that division and within the cities and towns included in the Worcester county division, northeastern division and southeastern division, in the case of those divisions, and shall also have jurisdiction in equity, concurrent with the divisions of the district court department, the divisions of the probate and family court department, the superior court department, the appeals court, and the supreme judicial court, of all cases and matters so arising.

SECTION 4. Section 4 of said chapter 185C, as so appearing, is hereby amended by adding the following two paragraphs:-

The northeastern division of the housing court department shall hold its sittings in the courthouse facilities located in the city of Lawrence and at regular and frequent intervals at the courthouse facilities in the city of Salem, including at least one sitting each week in Salem, including one sitting each week in the city of Lowell, and also at least one sitting each week in the courthouse facilities in either the city of Lynn or the city of Peabody or the city of Haverhill. The court, with the consent of the chief administrative justice, shall also sit in such other courthouse facilities as the administrative justice of the housing court department may deem to be expedient or convenient.

The southeastern division of the housing court department shall hold its sittings in the courthouse facilities located in the city of Taunton and at regular and frequent intervals at the courthouse facilities in the cities of Brockton, Fall River and New Bedford; provided, however, that said southeastern division shall hold at least two sittings each week in Plymouth county and two sittings each week in Bristol county. The court, with the consent of the chief administrative justice, shall also sit in such other courthouse facilities as the administrative justice of the housing court department may deem to be expedient or convenient.

SECTION 5. Section 8 of said chapter 185C, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- There shall be one justice appointed for the Hampden county division, one justice appointed for the Worcester county division, one justice appointed for the northeastern division, one justice appointed for the southeastern division, and two justices appointed for the city of Boston division of the housing court department.

SECTION 6. Section 2 of chapter 211B of the General Laws, as so appearing, is hereby amended by striking out, in line 2, the word "three" and inserting in place thereof the following word:- six.

SECTION 7. Section 19 of chapter 218 of the General Laws, as so appearing, is hereby amended by inserting after the word "thirty-nine", in line 5, the following words:- and in the hearing and disposition of such actions shall have the same equitable powers and jurisdiction as is provided for the divisions of the housing court department pursuant to section three of chapter one hundred and eighty-five C.

SECTION 8. Said chapter 218 is hereby further amended by inserting after section 19C, as so appearing, the following section:-

Section 19D. The first justice of a division of the district court department may appoint such number of housing specialists as the administrative justice of said department may from time to time determine. The first justice of a division may designate one of them as chief housing specialist for the division. All housing specialists shall hold office at the pleasure of the first justice of the division, subject, however, to retirement under the provisions of any applicable general or special law relative to retirement systems. All housing specialists shall be knowledgeable in the maintenance, repair, and rehabilitation of dwelling units; the problems of landlord and tenant as they pertain to dwelling units; the types of funds and services available to assist landlords and tenants in the financing and resolution of such problems; the federal and state laws, rules and regulations pertaining to the maintenance, repair and rehabilitation of such units; and the financing and resolution of such problems. The housing specialists shall have such powers and perform such duties as the first justice of the division shall from time to time prescribe with regard to actions pending before the court under chapter two hundred and thirty-nine. Every housing specialist shall be sworn by the first justice of the division, who shall, upon administering the oath, forthwith make return of such act with the date thereof to the state secretary.

SECTION 9. Section 86A of chapter 223 of the General Laws, as so appearing, is hereby amended by inserting after the word, "Hampden", in line 4, the words:- , the northeastern division of the housing court department, the southeastern division of the housing court department.

SECTION 10. The first sentence of section 6 of chapter 224 of the General Laws, as so appearing, is hereby amended by inserting after the word, "Hampden", in line 13, the words:- , the northeastern division of the housing court department, the southeastern division of the housing court department.

SECTION 11. Section 111 of chapter 231 of the General Laws, as so appearing, is hereby amended by inserting after the word, "Hampden", in line 3, the words:- , the northeastern division of the housing court department, the southeastern division of the housing court department.

SECTION 12. Section 113 of said chapter 231, as so appearing, is hereby amended by inserting after the word "Hampden", in line 3, the words:- , the northeastern division of the housing court department, the southeastern division of the housing court department.

SECTION 13. Section 8 of chapter 261 of the General Laws, as so appearing, is hereby amended by inserting after the word "Hampden", in line 3, the words:- , the northeastern division of the housing court department, the southeastern division of the housing court department.

SECTION 14. Section 4 of chapter 263 of the General Laws, as so appearing, is hereby amended by inserting after the word "Hampden", in line 4, the words:- , the northeastern division of the housing court department, the southeastern division of the housing court department.

SECTION 15. Said chapter 263 is hereby further amended by striking out section 8A and inserting in place thereof the following section:-

Section 8A. A person shall not be held to answer in a district court or the housing court of the city of Boston, the housing court of the county of Hampden, the northeastern division of the housing court department, the southeastern division of the housing court department, or the housing court of the county of Worcester to a second complaint for an offense for which he has already been tried upon the merits in a district court or in the housing court of the city of Boston, the housing court of the county of Hampden, the northeastern division of the housing court department, the southeastern division of the housing court department, or the housing court of the county of Worcester.