Amendment ID: S2776-9-R1

Redraft Amendment 9

Eviction filing loophole

Ms. Jehlen, Mr. Eldridge, Ms. Comerford, Mr. Gomez, Ms. Rausch, Mr. Moore and Ms. Chang-Diaz move that the proposed new text be amended by inserting after section 20 the following section:-

“SECTION 20A. Said subsection (b) of said section 2 of said chapter 257, as so amended, is hereby further amended by striking out the words “and provided further, that the court shall not enter a judgment or issue an execution before the application has been approved or denied” and inserting in place thereof the following words:- provided further, that the court shall not enter a judgment or issue an execution before the application has been approved or denied; and, provided further, that in an action for summary process under said chapter 239 where nonpayment of rent for a residential dwelling unit is not the sole reason for terminating the tenancy, clause (i) shall be satisfied if, at any time, the court determines that any reason other  than nonpayment of rent that is alleged is without merit.”.