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