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