Boston Real Estate Investors Association

Massachusetts Housing Court Accelerates: New Order Ushers Return to In-Person Hearings and Swift Trials

The recent developments in the Massachusetts Housing Court, following the expiration of the pandemic-era Chapter 257, signal a shift towards more in-person proceedings and a faster handling of cases. The newly issued Standing Order 1-23 aims to streamline processes, reducing the use of virtual hearings primarily to non-evidentiary and administrative matters.

End of Chapter 257 Protections

As of March 31, the special provisions under Chapter 257 have lapsed. Previously, this law put a hold on eviction cases where tenants had pending applications for rental assistance. Now, although cases can proceed even if rental assistance is pending, judges might still consider the tenants’ potential to settle arrears through such assistance, particularly in situations where the assistance amount ($10,000 maximum under RAFT) doesn’t cover the full debt owed to landlords.

Transition to More In-Person Proceedings

The Housing Court now mandates that all Tier I mediations, evidentiary hearings, and trials be conducted in-person, unless exceptional circumstances justify a virtual appearance. While virtual hearings for case management and certain other proceedings continue, this shift could potentially increase legal costs and logistical challenges, especially for landlords who now may need to pay for extended legal representation during in-person mediations or hearings.

Introduction of a Modified Two-Tiered System

Starting from cases filed after June 5, 2023, the court has implemented a new two-tiered system aimed at expediting case processing. This system schedules initial Tier I mediation or case management events within 30 to 60 days of filing. Importantly, the notice for these events must now be officially served, adding an extra layer of formal procedure and potentially increasing costs.

Faster Scheduling of Trials

In an encouraging development for those seeking quicker resolutions, if a case is not settled at the Tier I event, it will progress to trial within just two weeks, a significant reduction from the previous longer waits, particularly for jury trials. This change is designed to address both the backlog and the slow pace of proceedings that have been exacerbated by the pandemic.

Regulations on Agreements and Compliance

New regulations ensure that any agreements for judgment involving self-represented parties are reviewed for fairness by a Housing Specialist, Clerk, or Judge. Additionally, in non-payment cases, compliance with the Notice to Quit Attestation Form is now mandatory, requiring a new affidavit of compliance.

These updates reflect a significant shift in how the Massachusetts Housing Court handles eviction and other housing-related cases post-pandemic, emphasizing a quicker return to pre-pandemic norms while still adapting some practices to the ongoing realities of legal proceedings.

For further details on these changes, you can visit the Massachusetts Housing Court’s announcements and the specific standing orders discussed here on their official website.

For more detailed insights and legal perspectives, you can refer to the discussion on this topic at MassLawBlog, which provides an in-depth analysis and ongoing updates on Massachusetts Housing Court developments. Visit their page directly for comprehensive coverage: MassLawBlog on Massachusetts Housing Court Changes.

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