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| 2 | 2 | | HOUSE DOCKET, NO. 2522 FILED ON: 1/16/2025 |
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| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 1883 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | Paul McMurtry |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act to promote housing stability. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Paul McMurtry11th Norfolk1/16/2025 1 of 2 |
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| 16 | 16 | | HOUSE DOCKET, NO. 2522 FILED ON: 1/16/2025 |
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| 17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 1883 |
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| 18 | 18 | | By Representative McMurtry of Dedham, a petition (accompanied by bill, House, No. 1883) of |
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| 19 | 19 | | Paul McMurtry relative to the recovery of withheld rent. The Judiciary. |
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| 20 | 20 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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| 21 | 21 | | SEE HOUSE, NO. 1675 OF 2023-2024.] |
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| 22 | 22 | | The Commonwealth of Massachusetts |
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| 23 | 23 | | _______________ |
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| 24 | 24 | | In the One Hundred and Ninety-Fourth General Court |
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| 25 | 25 | | (2025-2026) |
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| 26 | 26 | | _______________ |
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| 27 | 27 | | An Act to promote housing stability. |
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| 28 | 28 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 29 | 29 | | of the same, as follows: |
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| 30 | 30 | | 1 Section 8A of chapter 239 of the General Laws, as appearing in the 2018 Official Edition, |
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| 31 | 31 | | 2is hereby amended by striking the fourth paragraph in its entirety and inserting in place thereof |
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| 32 | 32 | | 3the following:- |
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| 33 | 33 | | 4 “There shall be no recovery of possession pursuant to this chapter pending final |
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| 34 | 34 | | 5disposition of the plaintiff's action if the court finds that the requirements of the second |
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| 35 | 35 | | 6paragraph have been met. The court after hearing the case may require the tenant or occupant |
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| 36 | 36 | | 7claiming under this section to pay to the clerk of the court the fair value of the use and |
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| 37 | 37 | | 8occupation of the premises less the amount awarded the tenant or occupant for any claim under |
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| 38 | 38 | | 9this section. Notwithstanding the foregoing, in the event the originally scheduled trial date is |
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| 39 | 39 | | 10continued for any reason and any party to the action moves the court to establish a rent escrow 2 of 2 |
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| 40 | 40 | | 11pending a final decision on the merits of the case, the court shall promptly hear said motion in |
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| 41 | 41 | | 12accordance with the rules governing summary process matters and order said tenant or occupant |
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| 42 | 42 | | 13to make deposits with the clerk, plaintiff’s attorney or other secure depository, the fair market |
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| 43 | 43 | | 14value of the premises on account of use and occupation of the premises in such amount(s) or in |
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| 44 | 44 | | 15such installments thereof from time to time as the court deems just. In the event any tenant or |
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| 45 | 45 | | 16occupant fails to abide by the court’s rent escrow order, then in that event the court, upon the |
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| 46 | 46 | | 17filing of a motion by the aggrieved party, shall order the matter to be scheduled for a bench trial |
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| 47 | 47 | | 18on the earliest available date and make such other and/or further orders as the court deems just.” |
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