HOUSE DOCKET, NO. 3096        FILED ON: 1/20/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1682

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Samantha Montaño and Peter Capano

_________________

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 summary process and rental assistance.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

Samantha Montaño

15th Suffolk

1/20/2023

Peter Capano

11th Essex

1/20/2023

Mike Connolly

26th Middlesex

3/31/2023

Rebecca L. Rausch

Norfolk, Worcester and Middlesex

7/11/2023


HOUSE DOCKET, NO. 3096        FILED ON: 1/20/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1682

By Representatives Montaño of Boston and Capano of Lynn, a petition (accompanied by bill, House, No. 1682) of Samantha Montaño and Peter Capano relative to summary process and rental assistance.  The Judiciary.

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninety-Third General Court
(2023-2024)

_______________

 

An Act relative to summary process and rental assistance.

 

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. Chapter 239 of the General Laws is hereby amended by adding, after section 14, the following new section:-

Section 15. Two-tier process; pending rental assistance

(a) All summary process cases shall be handled in a two-tier process. (i) First tier. This event will be for the parties to determine the status of the case, explore the availability of resources, attempt mediation or other opportunity to reach a resolution to the case, and identify next steps in preparing the case for trial. No default or dismissal may enter if a party does not appear at the first tier event. (ii) Second tier. For cases which are not resolved, the Clerk’s Office shall send a written notice to the parties of the trial date.

(b) In a summary process action for nonpayment of rent, (i) a court having jurisdiction over summary process actions shall grant a continuance if there is a pending application for rental assistance; (ii) no judgment may enter, nor may any execution issue, in a summary process action for nonpayment of rent if there is a pending application for rental assistance; (iii) the court shall not issue a stay of execution on a judgment for possession if there is a pending application for rental assistance.