HOUSE DOCKET, NO. 1710        FILED ON: 1/15/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1277

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Tricia Farley-Bouvier

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to property storage summary process.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

Tricia Farley-Bouvier

3rd Berkshire

1/15/2015


HOUSE DOCKET, NO. 1710        FILED ON: 1/15/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1277

By Ms. Farley-Bouvier of Pittsfield, a petition (accompanied by bill, House, No. 1277) of Tricia Farley-Bouvier that certain landlords be provided an exemption for the costs of removing tenants’ personal property after an eviction.  The Judiciary.

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Eighty-Ninth General Court
(2015-2016)

_______________

 

An Act relative to property storage summary process.

 

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

Section 4 of chapter 239 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by inserting after the word “storage”, in line 53, the following words:-

; provided, however, that a plaintiff whose household income is 125 per cent or less of the current poverty threshold established annually by the Community Services Administration pursuant to section 625 of the Economic Opportunity Act, as amended, or who otherwise receives public assistance under: transitional aid to families with dependent children; emergency aid to the elderly, disabled and children; veterans’ benefits programs; Title XVI of the Social Security Act; or the medicaid program, 42 U.S.C. A. 1396, et seq. shall not be required to pay such costs.  A plaintiff shall demonstrate such qualifying income or receipt of public assistance by providing the officer serving an execution pursuant to this section with: (i) an affidavit of indegency, as issued pursuant to section 27B of chapter 261; provided, that the affidavit does not appear on its face to have been denied pursuant to section 27C or 27D of said chapter 261; or (ii) a written declaration to that effect, made and signed under the penalties of perjury.  The officer shall submit a copy of any affidavit or declaration so provided to the court that issued the summary process judgment together with the receipt required by subsection (a).  Any costs of removing the property to the place of storage not paid by a plaintiff, who is properly exempt from such payment, shall be included as a warehouser storage fee and may be included in the warehouser’s lien created under this section.