Massachusetts Standing Orders of the Housing Court Order § 1-01. MA R H CT Order § 1-83; MA R H CT Order § 1-96; MA R H CT Order … Unless directed otherwise by the Chief Justice of the Housing Court and the Housing Court’s Deputy Court Administrator, the Clerk-Magistrate, First Justice, and Chief Housing Specialist of each division shall determine each division’s minimum staffing needs, respectively, while giving due consideration to social distancing guidelines, the recommendations by the Centers for Disease Control and Prevention and from state health officials, and reopening protocols established by the Trial Court. Court users are encouraged to exchange prior versions of the S&C with the newly modified one, free of charge. The new rules can be found here: Housing Court Standing Order 6-20: Temporary modifications to court operations based on the coronavirus (COVID-19) pandemic and the expiration of chapter 65 of the acts of 2020 (eviction moratorium). The Housing Court Department handles all matters involving residential housing such as eviction cases, small claims cases, and civil actions involving personal injury, property damage, breach of contract, discrimination, as well as code enforcement actions and appeals of local zoning board decisions that affect residential housing. FINDINGS, RULINGS, AND ORDER . Pursuant to Section 1(a) of St. 2020, c. 257, beginning “on and after the effective date of [the statute—i.e., December 31, 2020],” a notice to quit for nonpayment of rent shall be accompanied by the form required under the statute, as developed by the Executive Office of Housing and Economic Development.6  In light of St. 2020, c. 257, beginning on January 25, 2021,7  the court shall not accept for filing a summary process case for nonpayment of rent without the “Affidavit of Compliance with Section 1(a) of Chapter 257 of the Acts of 2020,” as promulgated by the court and available on the court’s website.iii. To continue to limit the number of persons entering the courthouses, all divisions shall strive to continue conducting court business and proceedings virtually, to the extent possible.2  In cases with one or more self-represented litigants (SRLs) where a court is scheduling a videoconference, divisions will recognize the possibility that SRLs may have limited access to the technology needed to conduct videoconferences or limited experience with it, and will either assist the SRL in being able to conduct a videoconference or offer an alternative to videoconferencing for the hearing. Homes & Communities Agency (HCA) Code 38 42. It is hereby ORDERED that LDP programs shall be permitted in any Housing Court under the following … Get PDF (83 KB) Topics: Emergency management -- Massachusetts., Public health -- Massachusetts., Coronavirus infections -- Massachusetts., Court rules -- Massachusetts., Court administration -- Law and legislation -- Massachusetts., COVID-19. Search Massachusetts General Laws. Just as with the pending cases, the Judge, Clerk-Magistrate, and Chief Housing Specialist, respectively, have discretion to designate the type of event that will be held in new cases (e.g., by videoconference). Top-requested sites to log in to services provided by the state. Search by Keyword or Citation; Search by Keyword or Citation . A. I gave my landlord a signed Declaration meeting the requirements of the CDC Order before my landlord gave me the Notice to Quit (notice to terminate my tenancy) or before the landlord gave me the Complaint in this case. Search by Keyword or Citation; Search by Keyword or Citation. Hearings should be conducted over the telephone or through video conferencing. Despite any required continuance under the statute, the court may schedule a hearing on any meritorious counterclaim brought in the case, at the discretion of the Clerk-Magistrate, in consultation with the respective First Justice. The new rules can be found here: Housing Court Standing Order 6-20: Temporary modifications to court operations based on the coronavirus (COVID-19) pandemic and the expiration of chapter 65 of the acts of 2020 (eviction moratorium). If the parties do not agree to a continuance, a party may request a continuance by motion. Use this page to navigate to all sections within Standing Orders of the Housing Court. Where appropriate, this Order is intended to be consistent with the Supreme Judicial Court’s “Fourth Updated Order Regarding Court Operations” effective September 17, 2020 (“SJC Order”). Docket # 02-CV-00087 . A small subset of trials may be conducted in-person, as determined by the Clerk-Magistrate in consultation with the respective First Justice. In addition, due consideration must be given to the Trial Court’s reopening protocols. Mass.gov® is a registered service mark of the Commonwealth of Massachusetts. Housing Court Physically Open for Business, But Most Proceedings Will Be Virtual. See Housing Court Standing Order 6-20(2)(d); District Court Standing Order 10-20 (II)(2); Boston Municipal Court Standing Order 11-20(II)(c). In the Southeast Division, main locations include Fall River and New Bedford. WILLIAM APONTE, Vs. ALEKSANDAR B. BRANCIC . Find all the Massachusetts standing orders of the Housing Court. An Answer that is filed in accordance with this Order shall be deemed timely, including in a pending case. If you would like to continue helping us improve Mass.gov, join our user panel to test new features for the site. For new summary process cases, plaintiffs shall not provide a trial date on the summary process summons and complaint (“S&C”), but rather should indicate on the S&C that the trial date is “to be determined by the court” or “TBD by the court.”5  ii. Top-requested sites to log in to services provided by the state. Housing Court Chief Justice Tim Sullivan and Deputy Court Administrator Benjamin Adeyinka said this week they have issued a Housing Court standing order through April 21 that will allow only emergency cases to come before them, and those do not include the typical summary process evictions. See Boston Municipal Court Standing Orders. Court users may also access each division’s virtual front counters, available at https://www.mass.gov/info-details/remotevirtual-court-services, through which court staff will be able to answer questions and assist court users virtually, including by providing information on available court resources. Your feedback will not receive a response. HOUSING COURT. Massachusetts Standing Orders of the Housing Court Order § 1-83. [1]  The eviction moratorium order set forth by the Centers for Disease Control and Prevention, effective September 4, 2020, see 85 Fed. Do not include sensitive information, such as Social Security or bank account numbers. The Housing Court will be physically open with limited staff … c. 211B, § 10 and G.L. If a landlord seeks an execution for a different amount of money damages, (s)he shall file and serve a motion to amend the underlying judgment. the Federal Housing Finance Agency’s Eviction Moratorium, available at fhfa.gov. Standing Order relating to Approved list of Contractors 37 37. The Group’s Code of Conduct 38 – 39 42.3 Ethics and Probity Standards 39 42.4 Criminal Acts 39. Each division may continue to advance, schedule, and conduct proceedings in all non-summary process cases. Do not include sensitive information, such as Social Security or bank account numbers. This Order is temporary and is subject to be modified or rescinded at any time, as necessary to address the fluctuating circumstances arising from the coronavirus pandemic. If there are discrepancies between the electronic versions of the rules found on this website and the official print versions that appear in a volume such as Massachusetts Reports, the print version should be considered authoritative. In light of (1) the continued public health concerns arising from the coronavirus pandemic; (2) the expiration of the moratorium on evictions and foreclosures under St. 2020, c. 65,1; and (3) the enactment of St. 2020, c. 257, the Chief Justice of the Housing Court, pursuant to his statutory authority under G.L. Standing Order relating to Contract Conditions 37 38. How much do you agree with the following statements in the scale of 1, Strongly Disagree, to 5, Strongly Agree? Notwithstanding its equitable authority, pursuant to Section 2(b) of St. 2020, c. 257, the court “shall grant a continuance for a period as the court may deem just and reasonable if” the court determines that the criteria enumerated in the statute are met. 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