Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S864 Compare Versions

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

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1	1	1 of 1
2	2	SENATE DOCKET, NO. 1082 FILED ON: 1/18/2023
3	3	SENATE . . . . . . . . . . . . . . No. 864
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Sal N. DiDomenico
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 promoting access to counsel and housing stability in Massachusetts.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Sal N. DiDomenicoMiddlesex and SuffolkAngelo J. Puppolo, Jr.12th Hampden1/30/2023Jack Patrick Lewis7th Middlesex1/31/2023Brian M. Ashe2nd Hampden2/1/2023Jacob R. OliveiraHampden, Hampshire and Worcester2/2/2023Lydia EdwardsThird Suffolk2/6/2023Vanna Howard17th Middlesex2/9/2023Joanne M. ComerfordHampshire, Franklin and Worcester2/10/2023James B. EldridgeMiddlesex and Worcester2/14/2023Mike Connolly26th Middlesex2/17/2023John F. KeenanNorfolk and Plymouth2/23/2023Julian CyrCape and Islands2/23/2023Adam GomezHampden2/23/2023Liz MirandaSecond Suffolk2/28/2023 1 of 6
16	16	SENATE DOCKET, NO. 1082 FILED ON: 1/18/2023
17	17	SENATE . . . . . . . . . . . . . . No. 864
18	18	By Mr. DiDomenico, a petition (accompanied by bill, Senate, No. 864) of Sal N. DiDomenico,
19	19	Angelo J. Puppolo, Jr., Jack Patrick Lewis, Brian M. Ashe and other members of the General
20	20	Court for legislation to promote housing stability and homelessness prevention through a right to
21	21	counsel pilot program in Massachusetts in response to the COVID-emergency. Housing.
22	22	[SIMILAR MATTER FILED IN PREVIOUS SESSION
23	23	SEE SENATE, NO. 874 OF 2021-2022.]
24	24	The Commonwealth of Massachusetts
25	25	_______________
26	26	In the One Hundred and Ninety-Third General Court
27	27	(2023-2024)
28	28	_______________
29	29	An Act promoting access to counsel and housing stability in Massachusetts.
30	30	Whereas, The deferred operation of this act would tend to defeat its purpose, which is to
31	31	establish forthwith a statewide access to counsel program for evictions to promote housing
32	32	stability and prevent homelessness and, to respond to a housing emergency that the COVID-19
33	33	pandemic has exacerbated, and whereas, evictions lead to homelessness, housing instability,
34	34	overcrowding, displacement, diminished economic opportunity, and disruption of schooling for
35	35	children, all of which are associated with negative health, therefore it is hereby declared to be an
36	36	emergency law, necessary for the immediate preservation of the public safety.
37	37	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
38	38	of the same, as follows:
39	39	1 SECTION 1. Chapter 239 of the General Laws, as appearing in the 2020 Official Edition,
40	40	2is hereby amended by adding the following sections:
41	41	3 Section 14. For purposes of sections 15 and 16, the following terms shall have the
42	42	4following meanings: 2 of 6
43	43	5 “Advisory committee”, the committee established pursuant to section 15(g).
44	44	6 “Covered proceeding”, an action brought pursuant to chapter 239, chapter 139 section 19,
45	45	7or similar proceedings, including administrative proceedings to terminate a mobile or project-
46	46	8based housing subsidy or public housing tenancy.
47	47	9 “Designated organization”, a not-for-profit organization that is designated by the
48	48	10Massachusetts Legal Assistance Corporation to contract to provide civil legal assistance and to
49	49	11conduct tenant outreach, engagement and education for eligible individuals.
50	50	12 "Eligible individual”, a party in a covered proceeding who is an indigent: (i) tenant or
51	51	13occupant of any premises rented or leased for dwelling purposes; or (ii) owner-occupant of a 1-
52	52	14to-3-family dwelling that is their sole dwelling and located in the Commonwealth.
53	53	15 “Full legal representation”, ongoing legal representation provided by legal counsel in a
54	54	16designated organization to an eligible individual including all legal advice, advocacy, and
55	55	17assistance associated with representation. Full representation includes, but is not limited to, the
56	56	18filing of a notice of appearance on behalf of the eligible individual in a covered proceeding.
57	57	19 “Indigent”, a person who is: (i) receiving public assistance pursuant to: (1) aid to families
58	58	20with dependent children pursuant to chapter 118; (2) the emergency aid program for elderly and
59	59	21disabled residents pursuant to section 1 of chapter 117A; (3) a veterans’ benefits program; (4)
60	60	22Title XVI of the federal Social Security Act; (5) the Supplemental Nutrition Assistance Program,
61	61	23pursuant to 7 U.S.C. chapter 51; (6) refugee resettlement benefits; or (7) Medicaid, pursuant to
62	62	2442 U.S.C. section 1396, et seq.; or (ii) earning an income, after taxes, that is 80 per cent or less of
63	63	25the current area median income established annually by the United States Department of
64	64	26Housing and Urban Development; or (iii) unable to pay the fees and costs of the covered 3 of 6
65	65	27proceeding in which the person is a party or is unable to do so without depriving said person or
66	66	28said person’s dependents of the necessities of life, including food, shelter and clothing.
67	67	29 “Legal counsel” or “counsel”, lawyer licensed to practice law in the Commonwealth.
68	68	30 “Partner attorney”, an attorney employed by or affiliated with a designated organization
69	69	31who agrees to provide full legal representation pursuant to this act.
70	70	32 “Access to Counsel Program”, a statewide access to counsel program to provide full legal
71	71	33representation to eligible individuals in covered proceedings to be funded by a specifically
72	72	34dedicated general court appropriation.
73	73	35 Section 15.
74	74	36 (a) There shall be a statewide Access to Counsel Program in eviction cases to effectuate
75	75	37the purposes of this act, subject to appropriation, to be specifically funded by the general court
76	76	38and administered by the Massachusetts Legal Assistance Corporation.
77	77	39 (b) With specifically designated funding, the Massachusetts Legal Assistance
78	78	40Corporation shall establish an Access to Counsel Program to provide free legal assistance and
79	79	41full representation to eligible individuals in covered proceedings.
80	80	42 (c) The Massachusetts Legal Assistance Corporation shall issue a request for proposal
81	81	43through a public notice for organizations to submit proposals to become designated
82	82	44organizations. The notice must delineate an open and transparent process for approving requests
83	83	45with input from the advisory committee. All organizations seeking to become designated
84	84	46organizations shall have the right to apply for funding and must identify the geographic area in
85	85	47which they shall represent eligible individuals. A designated organization may contract with 4 of 6
86	86	48partner attorneys to provide legal assistance and with community organizations to educate and
87	87	49inform tenants about their rights. Such information shall be available in multiple languages to
88	88	50ensure equitable access for linguistic minorities.
89	89	51 (d) Designated Organizations shall: (i) have substantial expertise in housing law and
90	90	52landlord and tenant law and substantial experience furnishing free legal assistance to eligible
91	91	53individuals; (ii) have a demonstrated track record of serving the low-income community, (ii)
92	92	54identify the geographic area in which they shall provide legal representation; (iii) have a plan to
93	93	55reach and provide legal representation to income-eligible persons with limited English
94	94	56proficiency; (iv) provide appropriate supervision and training; (v) incorporate paralegals, legal
95	95	57interns or law students, where possible, to be supervised by legal counsel; and (vi) satisfy other
96	96	58criteria established the Massachusetts Legal Assistance Corporation with input from the advisory
97	97	59committee. Nothing herein shall interfere with any legal counsel carrying out their professional
98	98	60responsibilities to their clients as established in the canons of ethics and the code of professional
99	99	61responsibility adopted by the supreme judicial court.
100	100	62 (e) The Massachusetts Legal Assistance Corporation shall issue a request for proposal for
101	101	63qualified legal aid organizations to coordinate representation of eligible tenants statewide and a
102	102	64request for proposal for a qualified legal aid organization to coordinate representation of eligible
103	103	65owner-occupants. Such organizations shall provide statewide programmatic support and
104	104	66programmatic advocacy in addition to convening statewide trainings and forums for cross-
105	105	67training of attorneys in order to effectuate the purpose of this act. 5 of 6
106	106	68 (f) The Massachusetts Legal Assistance Corporation shall be responsible for exercising
107	107	69oversight, implementing fiscal controls, and for all data collection, deliverables, and ongoing
108	108	70programmatic evaluation.
109	109	71 (g) The Massachusetts Legal Assistance Corporation shall appoint an advisory committee
110	110	72with fifteen members from diverse regions of the Commonwealth that includes, but is not limited
111	111	73to, low-income tenants, low-income owner-occupants, non-profit community-based
112	112	74organizations, statewide advocacy organizations, and municipal officials. Each member shall
113	113	75have a demonstrated commitment to homelessness prevention and housing stability. The
114	114	76advisory committee shall advise on matters and policies affecting the Access to Counsel Program
115	115	77and shall be convened by the Massachusetts Legal Assistance Corporation on a regular basis, but
116	116	78no less than twice a year.
117	117	79 (h) The Massachusetts Legal Assistance Corporation, in consultation with the advisory
118	118	80committee and designated organizations, shall determine how to phase in the access to counsel
119	119	81program over a period of 5 years.
120	120	82 Section 16.
121	121	83 (a) The Massachusetts Legal Assistance Corporation shall submit, with input from the
122	122	84advisory committee, a form to be approved by the Chief Justice of the Supreme Judicial Court
123	123	85that shall be used to notify individuals of their potential eligibility for access to legal counsel in
124	124	86covered proceedings and to the availability of housing stability resources and rental assistance
125	125	87programs. The supreme judicial court shall consider adopting other forms recommended by the
126	126	88Massachusetts Legal Assistance Corporation, with input from the advisory committee, as needed. 6 of 6
127	127	89 (b) Lessors must include or attach the form approved by the supreme judicial court to the
128	128	90notice to quit and summons and complaint for covered proceedings. The trial court shall notify
129	129	91lessors about the required form and lessors’ potential eligibility for legal counsel pursuant to this
130	130	92act. The form must be posted on the trial court’s website.
131	131	93 (c) If an eligible tenant, occupant or owner-occupant did not receive the approved form
132	132	94required pursuant to this section or legal counsel does not have sufficient time to file responsive
133	133	95pleadings, there shall be a reasonable continuation of the proceedings so that the tenant, occupant
134	134	96or owner-occupant can obtain legal assistance to prepare their case.
135	135	97 (d) The supreme judicial court shall approve a written waiver form for the trial court to
136	136	98inform eligible individuals about access to legal counsel in court proceedings in order for eligible
137	137	99individuals to knowingly and voluntarily waive the provisions of this act.
138	138	100 SECTION 2. The general court shall, subject to appropriation, fund an Access to Counsel
139	139	101Program in the Judiciary section of the budget through a specifically dedicated line-item to be
140	140	102administered by the Massachusetts Legal Assistance Corporation to effectuate the purposes of
141	141	103this act.
142	142	104 SECTION 3. The provisions of this act, unless otherwise expressly provided, shall take
143	143	105effect immediately upon passage.