Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H4360 Compare Versions

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

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1	1	HOUSE . . . . . . . . No. 4360
2	2	The Commonwealth of Massachusetts
3	3	________________________________________
4	4	HOUSE OF REPRESENTATIVES, February 12, 2024.
5	5	The committee on The Judiciary to whom was referred the petition
6	6	(accompanied by bill, House, No. 1731) of David M. Rogers, Michael S.
7	7	Day and others relative to promoting access to counsel and housing
8	8	stability, reports recommending that the accompanying bill (House, No.
9	9	4360) ought to pass.
10	10	For the committee,
11	11	MICHAEL S. DAY. 1 of 6
12	12	FILED ON: 2/5/2024
13	13	HOUSE . . . . . . . . . . . . . . . No. 4360
14	14	The Commonwealth of Massachusetts
15	15	_______________
16	16	In the One Hundred and Ninety-Third General Court
17	17	(2023-2024)
18	18	_______________
19	19	An Act promoting access to counsel and housing stability in Massachusetts.
20	20	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
21	21	of the same, as follows:
22	22	1 SECTION 1. Chapter 239 of the General Laws is hereby amended by adding the
23	23	2following sections:
24	24	3 Section 15.
25	25	4 For purposes of sections 16 and 17 the following terms shall have the following
26	26	5meanings:
27	27	6 “Advisory committee”, the committee established pursuant to section 16(g).
28	28	7 “Covered proceeding”, an action brought pursuant to this chapter, section 19 of chapter
29	29	8139 or similar proceedings, including administrative proceedings, to terminate a mobile or
30	30	9project-based housing subsidy or public housing tenancy.
31	31	10 “Designated organization”, a not-for-profit organization that is designated by the
32	32	11Massachusetts Legal Assistance Corporation as providing civil legal assistance and tenant
33	33	12outreach, engagement and education for eligible individuals. 2 of 6
34	34	13 "Eligible individual”, a party in a covered proceeding who is an indigent: (i) tenant or
35	35	14occupant of any premises rented or leased for dwelling purposes; or (ii) owner-occupant of a 1-
36	36	15to-3-family dwelling that is their sole dwelling and located in the Commonwealth.
37	37	16 “Full legal representation”, ongoing legal representation provided by legal counsel in a
38	38	17designated organization or a partner attorney to an eligible individual including all legal advice,
39	39	18advocacy, and assistance associated with representation. Full representation includes, but is not
40	40	19limited to, the filing of a notice of appearance on behalf of the eligible individual in a covered
41	41	20proceeding.
42	42	21 “Indigent”, a person who is: (i) receiving public assistance pursuant to: (1) aid to families
43	43	22with dependent children pursuant to chapter 118; (2) the emergency aid program for elderly and
44	44	23disabled residents in section 1 of chapter 117A; (3) a veterans’ benefits program; (4) Title XVI
45	45	24of the federal Social Security Act; (5) the federal Supplemental Nutrition Assistance Program of
46	46	257 U.S.C. chapter 51; (6) refugee resettlement benefits; or (7) the federal Medicaid program
47	47	26within 42 U.S.C. section 1396, et seq.; or (ii) earning an income, after taxes, that is 80 per cent or
48	48	27less of the current area median income established annually by the United States Department of
49	49	28Housing and Urban Development; or (iii) unable to pay the fees and costs of the covered
50	50	29proceeding in which the person is a party or is unable to do so without depriving said person or
51	51	30said person’s dependents of the necessities of life, including food, shelter and clothing.
52	52	31 “Legal counsel” or “counsel”, lawyer licensed to practice law in the Commonwealth.
53	53	32 “Partner attorney”, an attorney employed by or affiliated with a designated organization
54	54	33who agrees to provide full legal representation pursuant to this act. 3 of 6
55	55	34 “Access to Counsel Program”, a statewide access to counsel program to provide full legal
56	56	35representation to eligible individuals in covered proceedings to be funded by a specifically
57	57	36dedicated general court appropriation.
58	58	37 Section 16.
59	59	38 (a) There shall be a statewide Access to Counsel Program in eviction cases to effectuate
60	60	39the purposes of this act, subject to appropriation, to be specifically funded by the general court
61	61	40and administered by the Massachusetts Legal Assistance Corporation.
62	62	41 (b) With specifically designated funding, the Massachusetts Legal Assistance
63	63	42Corporation shall establish an Access to Counsel Program to provide free legal assistance and
64	64	43full representation to eligible individuals in covered proceedings.
65	65	44 (c) The Massachusetts Legal Assistance Corporation shall issue a request for proposal
66	66	45through a public notice for organizations to submit proposals to become designated
67	67	46organizations. The notice must abide by all public notice requirements and delineate an open and
68	68	47transparent process for approving requests with input from the advisory committee. All
69	69	48organizations seeking to become designated organizations shall have the right to apply for
70	70	49funding and must identify the geographic area in which they shall represent eligible individuals.
71	71	50A designated organization may contract with partner attorneys to provide legal assistance and
72	72	51with community organizations to educate and inform tenants about their rights. Such information
73	73	52shall be available in multiple languages to ensure equitable access for linguistic minorities.
74	74	53 (d) Designated Organizations shall: (i) have substantial expertise in housing law and
75	75	54landlord and tenant law and substantial experience furnishing free legal assistance to indigent
76	76	55persons; (ii) have a demonstrated track record of serving the low-income community, (ii) have an 4 of 6
77	77	56identified geographic area in which they desire to provide legal representation under this
78	78	57program; (iii) have a plan to reach and provide legal representation to income eligible persons
79	79	58with limited English proficiency; (iv) provide appropriate supervision and training to partner
80	80	59attorneys; (v) incorporate paralegals, legal interns or law students, where possible, to be
81	81	60supervised by legal counsel; and (vi) satisfy other criteria established the Massachusetts Legal
82	82	61Assistance Corporation with input from the advisory committee.
83	83	62 (e) The Massachusetts Legal Assistance Corporation shall issue a request for proposal for
84	84	63designated organizations to coordinate representation of eligible tenants statewide and of eligible
85	85	64owner-occupants. Such organizations shall provide statewide programmatic support and
86	86	65programmatic advocacy in addition to convening statewide trainings and forums for cross-
87	87	66training of attorneys in order to effectuate the purpose of this act.
88	88	67 (f) The Massachusetts Legal Assistance Corporation shall be responsible for exercising
89	89	68oversight, implementing fiscal controls, and for all data collection, deliverables, and ongoing
90	90	69programmatic evaluation.
91	91	70 (g) The Massachusetts Legal Assistance Corporation shall appoint an advisory committee
92	92	71with fifteen members from diverse regions of the Commonwealth that includes, but is not limited
93	93	72to, low-income tenants, low-income owner-occupants, non-profit community-based
94	94	73organizations, statewide advocacy organizations, and municipal officials. Each member shall
95	95	74have a demonstrated commitment to homelessness prevention and housing stability. The
96	96	75advisory committee shall advise on matters and policies affecting the Access to Counsel Program
97	97	76and shall be convened by the Massachusetts Legal Assistance Corporation on a regular basis, but
98	98	77no less than twice a year. 5 of 6
99	99	78 (h) The Massachusetts Legal Assistance Corporation, in consultation with the advisory
100	100	79committee and designated organizations, shall determine how to phase in the access to counsel
101	101	80program over a period of 5 years.
102	102	81 Section 17.
103	103	82 (a) The Massachusetts Legal Assistance Corporation shall submit, with input from the
104	104	83advisory committee, a form to be approved by the Chief Justice of the Supreme Judicial Court
105	105	84that shall be used to notify individuals of their potential eligibility for access to legal counsel in
106	106	85covered proceedings and to the availability of housing stability resources and rental assistance
107	107	86programs. The supreme judicial court shall consider adopting other forms recommended by the
108	108	87Massachusetts Legal Assistance Corporation, with input from the advisory committee, as needed.
109	109	88 (b) Lessors must include or attach the form approved by the supreme judicial court to the
110	110	89notice to quit and summons and complaint for covered proceedings. The trial court shall notify
111	111	90lessors about the required form and lessors’ potential eligibility for legal counsel pursuant to this
112	112	91act. The form must be posted on the trial court’s website.
113	113	92 (c) If an eligible tenant, occupant or owner-occupant did not receive the approved form
114	114	93required pursuant to this section or legal counsel does not have sufficient time to file responsive
115	115	94pleadings, there shall be a reasonable continuation of the proceedings so that the tenant, occupant
116	116	95or owner-occupant can obtain legal assistance to prepare their case.
117	117	96 (d) The supreme judicial court shall approve a written waiver form for the trial court to
118	118	97inform eligible individuals about access to legal counsel in court proceedings in order for eligible
119	119	98individuals to knowingly and voluntarily waive the provisions of this act. 6 of 6
120	120	99 SECTION 2. The general court shall, subject to appropriation, fund an Access to Counsel
121	121	100Program in the Judiciary section of the budget through a specifically dedicated line-item to be
122	122	101administered by the Massachusetts Legal Assistance Corporation to effectuate the purposes of
123	123	102this act.
124	124	103 SECTION 3. The provisions of this act, unless otherwise expressly provided, shall take
125	125	104effect 1 year after passage.