Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1057

Introduced
2/16/23  

Caption

Relative to rent escrow

Impact

The bill seeks to establish clearer guidelines on how rent can be escrowed, thereby addressing ongoing issues in landlord-tenant relationships during disputes. By removing certain requirements for identity verification when opening the accounts, the bill simplifies the process for tenants and landlords alike. Additionally, it provides protections for banks, ensuring they are not liable for any mismanagement of funds in these accounts as long as they adhere to the proper legal procedures outlined in the bill.

Summary

House Bill 1057 aims to amend existing laws regarding rent escrow in Massachusetts, obliging banks to facilitate specific procedures for creating escrow accounts in rental disputes. Specifically, banks must set up these accounts upon request from parties involved in a counterclaim under section 8A of chapter 239. The new system stipulates that both the tenant and landlord must be parties to the escrow account, allowing for joint access to funds in legal disputes concerning rent. This bill is intended to streamline the handling of payments during contested eviction proceedings, making it clearer how funds can be managed and released under judicial orders.

Contention

While this bill has the potential to simplify the financial process during rental disputes, there are concerns over its implications on tenant rights and the balance of power in landlord-tenant relationships. Critics may argue that without proper safeguards, landlords could unjustly benefit from delayed access to funds that should rightfully be available to tenants. Proponents of the bill, however, argue that having a clear framework could prevent misinterpretations and enhance fairness in rental disputes, ultimately benefiting both landlords and tenants by providing a more predictable resolution process.

Companion Bills

MA H4490

Similar To Relative to the safe operation of motor vehicles

MA H4607

Similar To REPORT of the SPECIAL JOINT COMMITTEE on INITIATIVE PETITIONS on the INITIATIVE PETITION of SARKO GERGERIAN AND OTHERS FOR THE PASSAGE OF AN ACT RELATIVE TO THE REGULATION AND TAXATION OF NATURAL PSYCHEDELIC SUBSTANCES (see House, No. 4255)

MA H4602

Similar To Relative to increasing professional licensure opportunities

MA H4840

Similar To Relative to the regulation of money transmission by the Division of Banks

MA H4985

Similar To Concerning the regulation of kratom

MA H4705

Replaced by Industry insurance, banking and other related matters

Previously Filed As

MA H1796

Relative to rent escrow

MA H1465

Relative to rent escrow

MA H1664

Relative to rent escrow

MA HB972

Landlord and Tenant - Rent Escrow - Mold in Residential Dwelling Units

MA HB1373

Rent escrow.

MA HB2229

Virginia Residential Landlord & Tenant Act; material noncompliance by landlord, rent escrow.

MA HB1251

VA Residential Landlord and Tenant Act; material noncompliance by landlord, court escrow account.

MA H1489

Creating the tenant’s escrow accounts

MA H5921

Allows for a tenant to withhold payment of rent, and deposit the rent accruing into an escrow bearing account, upon the issuance of a second notice of violation by an enforcing officer for any state or local minimum housing code enforcement agency.

MA S0906

Allows for a tenant to withhold payment of rent, and deposit the rent accruing into an escrow bearing account, upon the issuance of a second notice of violation by an enforcing officer for any state or local minimum housing code enforcement agency.

Similar Bills

CA AB2219

Landlord-tenant: 3rd-party payments.

CA AB878

Victims of abuse or violence: reasonable accommodations.

CA AB2493

Tenancy: application screening fee.

CA AB414

Residential tenancies: return of security.

CA AB12

Tenancy: security deposits.

CA AB2801

Tenancy: security deposits.

CA AB2785

Tenancy: applications and security deposits.