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HOUSE DOCKET, NO. 4051 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 1465
The Commonwealth of Massachusetts
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PRESENTED BY:
David F. DeCoste
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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 rent escrow.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:David F. DeCoste5th Plymouth1/20/2023Joseph D. McKenna18th Worcester1/31/2023 1 of 2
HOUSE DOCKET, NO. 4051 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 1465
By Representative DeCoste of Norwell, a petition (accompanied by bill, House, No. 1465) of
David F. DeCoste and Joseph D. McKenna relative to rent escrow. The Judiciary.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1533 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 rent escrow.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 The fourth paragraph of section 8A of chapter 239 of the General Laws, as appearing in
2the 2016 Official Edition, is hereby amended by striking out the last sentence and inserting in
3place thereof the following 4 sentences:- If the originally scheduled trial date is continued for
4any reason, and upon motion of any party, the court shall, after a hearing, require the tenant or
5occupant intending to invoke this section to deposit with the clerk of the court, the plaintiff’s
6attorney or other secure depository the amount: (1) due for use and occupancy each month or (2)
7due upon the frequency required pursuant to the rental agreement; provided, that said amounts
8shall include any amount due from the start of withholding, calculated according to the fair
9market value of the premises. Said amounts shall be held in escrow pending final disposition of
10the summary process action. Upon final disposition of the summary process action, amounts held
11in escrow shall go first to repairs. If a tenant or occupant fails to comply with an order requiring 2 of 2
12deposit, the court, upon motion, shall order the matter to be scheduled for bench trial at the
13earliest date available and make such further orders as the court deems just.