HOUSE DOCKET, NO. 383        FILED ON: 1/12/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 980

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Chris Walsh

_________________

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 rent escrow.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

Chris Walsh

6th Middlesex

1/12/2017

Robert M. Koczera

11th Bristol

 

Carmine L. Gentile

13th Middlesex

 

Jack Lewis

7th Middlesex

 

Bradford R. Hill

4th Essex

1/27/2017

James R. Miceli

19th Middlesex

 

Paul R. Heroux

2nd Bristol

 

Brian Murray

10th Worcester

 

Kate Hogan

3rd Middlesex

 

Mary S. Keefe

15th Worcester

 

Aaron Vega

5th Hampden

 

James J. Lyons, Jr.

18th Essex

 

David T. Vieira

3rd Barnstable

 

David F. DeCoste

5th Plymouth

 

Jonathan D. Zlotnik

2nd Worcester

 

Kate D. Campanale

17th Worcester

 

Bruce E. Tarr

First Essex and Middlesex

 

Michael O. Moore

Second Worcester

 

Alice Hanlon Peisch

14th Norfolk

 

William C. Galvin

6th Norfolk

 


HOUSE DOCKET, NO. 383        FILED ON: 1/12/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 980

By Mr. Walsh of Framingham, a petition (accompanied by bill, House, No. 980) of Chris Walsh and others relative to rent escrow court actions.  The Judiciary.

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninetieth General Court
(2017-2018)

_______________

 

An Act relative to rent escrow.

 

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 fourth paragraph of section 8A of chapter 239 of the General Laws is hereby amended by striking out “Any tenant or occupant intending to invoke the provisions of this section may, after commencement of an action under this chapter by the landlord, voluntarily deposit with the clerk any amount for rent or for use and occupation which may be in dispute, and such payments shall be held by the clerk subject to the provisions of this paragraph.”

And replacing in its place thereof the following language -:

“Notwithstanding the foregoing, in the event that the originally scheduled trial date is continued for any reason, and upon motion of any party, the court after hearing shall require the tenant or occupant claiming under this section to deposit with the clerk of the court, the plaintiff’s attorney, or other secure depository each month (or at such other intervals as the court deems just) the amounts due for use and occupancy, calculated according to the fair market value of the premises, which amounts shall be held in escrow pending final disposition, unless the court determines that such requirement would result in undue hardship to the tenant or occupant.  In the event that a tenant or occupant fails to comply with an order requiring deposit, the court upon motion shall order the matter to be scheduled for bench trial at the earliest date available and make such further orders as the court deems just.”