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HOUSE DOCKET, NO. 3096 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 1682
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Samantha Montaño and Peter Capano
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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 summary process and rental assistance.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Samantha Montaño15th Suffolk1/20/2023Peter Capano11th Essex1/20/2023 1 of 2
HOUSE DOCKET, NO. 3096 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 1682
By Representatives Montaño of Boston and Capano of Lynn, a petition (accompanied by bill,
House, No. 1682) of Samantha Montaño and Peter Capano relative to summary process and
rental assistance. The Judiciary.
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 summary process and rental assistance.
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. Chapter 239 of the General Laws is hereby amended by adding, after
2section 14, the following new section:-
3 Section 15. Two-tier process; pending rental assistance
4 (a) All summary process cases shall be handled in a two-tier process. (i) First tier. This
5event will be for the parties to determine the status of the case, explore the availability of
6resources, attempt mediation or other opportunity to reach a resolution to the case, and identify
7next steps in preparing the case for trial. No default or dismissal may enter if a party does not
8appear at the first tier event. (ii) Second tier. For cases which are not resolved, the Clerk’s Office
9shall send a written notice to the parties of the trial date.
10 (b) In a summary process action for nonpayment of rent, (i) a court having jurisdiction
11over summary process actions shall grant a continuance if there is a pending application for
12rental assistance; (ii) no judgment may enter, nor may any execution issue, in a summary process 2 of 2
13action for nonpayment of rent if there is a pending application for rental assistance; (iii) the court
14shall not issue a stay of execution on a judgment for possession if there is a pending application
15for rental assistance.