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