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| 2 | 2 | | HOUSE DOCKET, NO. 506 FILED ON: 1/13/2023 |
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| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 1306 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | Edward F. Coppinger |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act relative to capital relief in a counterclaim. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Edward F. Coppinger10th Suffolk1/13/2023 1 of 2 |
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| 16 | 16 | | HOUSE DOCKET, NO. 506 FILED ON: 1/13/2023 |
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| 17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 1306 |
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| 18 | 18 | | By Representative Coppinger of Boston, a petition (accompanied by bill, House, No. 1306) of |
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| 19 | 19 | | Edward F. Coppinger relative to relief in a tenant counterclaim. Housing. |
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| 20 | 20 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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| 21 | 21 | | SEE HOUSE, NO. 1380 OF 2021-2022.] |
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| 22 | 22 | | The Commonwealth of Massachusetts |
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| 23 | 23 | | _______________ |
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| 24 | 24 | | In the One Hundred and Ninety-Third General Court |
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| 25 | 25 | | (2023-2024) |
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| 26 | 26 | | _______________ |
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| 27 | 27 | | An Act relative to capital relief in a counterclaim. |
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| 28 | 28 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 29 | 29 | | of the same, as follows: |
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| 30 | 30 | | 1 SECTION 1. The second paragraph of section 8A of chapter 239 of the General Laws, as |
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| 31 | 31 | | 2appearing in the 2010 Official Edition, is hereby amended by striking out, in lines 30 to 32, |
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| 32 | 32 | | 3inclusive, the words “and (4) the plaintiff does not show that the conditions complained of |
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| 33 | 33 | | 4cannot be remedied without the premises being vacated” and inserting in place thereof the |
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| 34 | 34 | | 5following words:— (4) the plaintiff does not show that the conditions complained of cannot be |
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| 35 | 35 | | 6remedied without the premises being vacated; and (5) the tenant or occupant files with any |
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| 36 | 36 | | 7counterclaim or claim of defense under this section a true copy of a bank statement evidencing |
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| 37 | 37 | | 8the deposit of all withheld rents as such rent became due. |
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| 38 | 38 | | 9 SECTION 2. Said second paragraph of section 8A is hereby further amended by adding |
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| 39 | 39 | | 10the following sentence:— Any owner, tenant, or occupant may request an order requiring the 2 of 2 |
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| 40 | 40 | | 11funds identified in the bank statement filed with the court under subparagraph (5) to be |
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| 41 | 41 | | 12maintained in escrow on such terms as the court deems equitable. |
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