Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1763 Compare Versions

Only one version of the bill is available at this time.

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 1198 FILED ON: 1/18/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1763
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Alan Silvia
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act maintaining parity in legal services for small property owners.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Alan Silvia7th Bristol1/18/2023 1 of 5
16	16	HOUSE DOCKET, NO. 1198 FILED ON: 1/18/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 1763
18	18	By Representative Silvia of Fall River, a petition (accompanied by bill, House, No. 1763) of
19	19	Alan Silvia for legislation to provide legal services to small business property owners. The
20	20	Judiciary.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE HOUSE, NO. 1872 OF 2021-2022.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Third General Court
26	26	(2023-2024)
27	27	_______________
28	28	An Act maintaining parity in legal services for small property owners.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Chapter 221A of the General Laws is hereby amended by striking out
32	32	2section 1, as appearing in the 2010 Official Edition, and inserting in place thereof the following
33	33	3section:-
34	34	4 Section 1. As used in this chapter, the following words and terms shall have the following
35	35	5meanings:—
36	36	6 “Board”, the board of directors of the Massachusetts Legal Assistance Corporation.
37	37	7 “Corporation”, the Massachusetts Legal Assistance Corporation.
38	38	8 “Eligible client”, any indigent person or qualified small business land owner (“QSBLO”)
39	39	9who is a resident of the commonwealth. 2 of 5
40	40	10 “Fee generating case”, any matter which, if undertaken on behalf of an eligible client by
41	41	11an attorney in private practice, may reasonably be expected to result in payment of the fee of
42	42	12such attorney from an award to the client or by the opposing party.
43	43	13 “Fiscal year”, the twelve-month period beginning on July first and ending on June
44	44	14thirtieth.
45	45	15 “Fund”, the Legal Assistance Fund.
46	46	16 “Indigent person”, a person who receives public assistance under the Massachusetts Aid
47	47	17to Families with Dependent Children, general relief or veterans’ benefits programs or receives
48	48	18assistance under Title XVI of the Social Security Act, or the Medicaid Program, 42 USC 1396 to
49	49	191396(n), inclusive, or a person whose income, after taxes, is one hundred and twenty-five per
50	50	20cent or less of the current poverty threshold annually established by the United States Office of
51	51	21Management and Budget, or a person who is otherwise considered indigent due to hardship
52	52	22circumstances under standards established by the board.
53	53	23 “Local program”, a qualified legal services program serving clients in an area limited to
54	54	24certain counties, cities, or towns of the commonwealth.
55	55	25 “Qualified legal services program”, a nonprofit program which provides legal services in
56	56	26civil cases without charge to indigent persons and has a board of directors composed of both
57	57	27attorneys and consumers of legal services. Legal services programs which have been or are
58	58	28funded in whole or in part by the Legal Services Corporation established pursuant to 42 USC
59	59	292996 to 2996(l), inclusive, shall be presumed to be qualified legal services programs. 3 of 5
60	60	30 “Qualified small business land owner” (“QSBLO”), a landowner owning, personally or
61	61	31through a business entity, three or fewer properties whose annual income falls below guidelines
62	62	32set by the Board or who property(ies) fall with the Loan to Value guideline ratios established by
63	63	33the Board.
64	64	34 “Recipient”, a qualified legal services program receiving financial assistance under this
65	65	35chapter.
66	66	36 “Statewide program”, a qualified legal services program serving eligible clients, or
67	67	37providing support services to local programs throughout the commonwealth.
68	68	38 SECTION 2. Chapter 221A of the General Laws is hereby amended by striking out
69	69	39section 9, as appearing in the 201008 Official Edition, and inserting in place thereof the
70	70	40following section:-
71	71	41 Section 9. The corporation shall, subject to appropriation or to the amount of monies
72	72	42available from the fund, or from funds made available from any other public or private source,
73	73	43provide financial assistance to both local and statewide programs. In each fiscal year at least
74	74	4480eighty per cent of such financial assistance shall be distributed to local programs on a basis
75	75	45proportionate to the number of eligible clients within the service areas of such local programs.
76	76	46Up to 20twenty per cent of such assistance may be distributed to statewide programs.
77	77	47 Eligible client calculations shall also consider parity amongst participants in landlord
78	78	48tenant disputes to determine if the landlord of an eligible client tenant is also an eligible client as
79	79	49a qualified small business land owner” (“QSBLO”). If a tenant pursuing legal action against his
80	80	50or her landlord or a tenant involved in a sSummary pProcess aAction described in chapter 239 is
81	81	51deemed eligible, before they may receive service the tenant’s landlord shall be notified and 4 of 5
82	82	52evaluated for need. If the landlord is deemed eligible as a QSBLO then no legal service may be
83	83	53provided to the eligible client tenant unless legal services are also provided to the eligible
84	84	54landlord.
85	85	55 In the distribution of such assistance the corporation shall insure the maintenance of the
86	86	56highest quality of service and professional standards, the preservation of attorney-client
87	87	57relationships, and the protection of the integrity of the adversary process from any impairment,
88	88	58and that recipients, consistent with goals established by the corporation, shall adopt procedures
89	89	59for determining and implementing priorities for the provision of such assistance, taking into
90	90	60account the relative needs of eligible clients for such assistance, including such outreach,
91	91	61training, and support services as may be necessary, including, particularly, the needs for service
92	92	62on the part of significant segments of the population of eligible clients with special difficulties of
93	93	63access to legal services or special legal problems, including elderly and handicapped individuals,
94	94	64and appropriate training and support services; and, in order to provide such assistance to such
95	95	65significant segments of the population of eligible clients; that attorneys employed full time in
96	96	66legal assistance activities supported in major part by the corporation refrain from any
97	97	67compensated outside practice of law, and any uncompensated outside practice of law except as
98	98	68authorized in guidelines promulgated by the corporation; and that no financial assistance
99	99	69distributed pursuant to this chapter shall be used to provide legal assistance with respect to any
100	100	70fee generating case, or to provide legal assistance with respect to any criminal proceeding or civil
101	101	71action arising out of or brought for the purpose of challenging the validity of a criminal
102	102	72conviction, or to provide services to persons who are not eligible clients; and that a substantial
103	103	73amount of financial assistance distributed pursuant to this chapter shall be provided, under 5 of 5
104	104	74standards established by the board, for compensation for legal services to indigent persons which
105	105	75are provided by attorneys who engage in the private practice of law.
106	106	76 SECTION 3. The board of directors of the Massachusetts Legal Assistance Corporation
107	107	77shall establish guidelines for determining qualified small business land owners through income
108	108	78or through the loan to value ratio of the property or properties(ies).