Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H1952 Compare Versions

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

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2	2	HOUSE DOCKET, NO. 3912 FILED ON: 1/17/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 1952
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	David M. Rogers and Michael S. Day
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 :DATE ADDED:David M. Rogers24th Middlesex1/17/2025Michael S. Day31st Middlesex1/17/2025Mindy Domb3rd Hampshire1/17/2025Lindsay N. Sabadosa1st Hampshire1/17/2025James C. Arena-DeRosa8th Middlesex2/12/2025Jennifer Balinsky Armini8th Essex2/12/2025Christine P. Barber34th Middlesex2/6/2025Natalie M. Blais1st Franklin1/24/2025Manny Cruz7th Essex2/4/2025Carmine Lawrence Gentile13th Middlesex2/11/2025Carlos González10th Hampden1/30/2025Christopher Hendricks11th Bristol3/5/2025Natalie M. Higgins4th Worcester1/27/2025Tara T. Hong18th Middlesex2/10/2025Vanna Howard17th Middlesex3/7/2025David Henry Argosky LeBoeuf17th Worcester2/10/2025David Paul Linsky5th Middlesex2/11/2025Jay D. Livingstone8th Suffolk3/6/2025 2 of 2
16	16	Adrian C. Madaro1st Suffolk3/5/2025Joan Meschino3rd Plymouth2/19/2025Samantha Montaño15th Suffolk2/10/2025Jacob R. OliveiraHampden, Hampshire and Worcester2/7/2025Angelo J. Puppolo, Jr.12th Hampden1/24/2025Adrianne Pusateri Ramos14th Essex3/6/2025Rebecca L. RauschNorfolk, Worcester and Middlesex1/29/2025Priscila S. Sousa6th Middlesex2/26/2025Erika Uyterhoeven27th Middlesex1/29/2025Susannah M. Whipps2nd Franklin1/27/2025 1 of 6
17	17	HOUSE DOCKET, NO. 3912 FILED ON: 1/17/2025
18	18	HOUSE . . . . . . . . . . . . . . . No. 1952
19	19	By Representatives Rogers of Cambridge and Day of Stoneham, a petition (accompanied by bill,
20	20	House, No. 1952) of David M. Rogers, Michael S. Day and others relative to promoting access
21	21	to counsel and housing stability. The Judiciary.
22	22	[SIMILAR MATTER FILED IN PREVIOUS SESSION
23	23	SEE HOUSE, NO. 1731 OF 2023-2024.]
24	24	The Commonwealth of Massachusetts
25	25	_______________
26	26	In the One Hundred and Ninety-Fourth General Court
27	27	(2025-2026)
28	28	_______________
29	29	An Act promoting access to counsel and housing stability in Massachusetts.
30	30	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
31	31	of the same, as follows:
32	32	1 SECTION 1. Chapter 239 of the General Laws is hereby amended by adding the
33	33	2following sections:
34	34	3 Section 16.
35	35	4 For purposes of sections 17 and 18 the following terms shall have the following
36	36	5meanings:
37	37	6 “Advisory committee”, the committee established pursuant to section 18(g).
38	38	7 “Covered proceeding”, an action brought pursuant to chapter 239, chapter 139 section 19,
39	39	8or similar proceedings, including administrative proceedings to terminate a mobile or project-
40	40	9based housing subsidy or public housing tenancy. 2 of 6
41	41	10 “Designated organization”, a not-for-profit organization that is designated by the
42	42	11Massachusetts Legal Assistance Corporation to contract to provide civil legal assistance and to
43	43	12conduct tenant outreach, engagement and education for eligible individuals.
44	44	13 "Eligible individual”, a party in a covered proceeding who is an indigent: (i) tenant or
45	45	14occupant of any premises rented or leased for dwelling purposes; or (ii) owner-occupant of a 1-
46	46	15to-3-family dwelling that is their sole dwelling and located in the Commonwealth.
47	47	16 “Full legal representation”, ongoing legal representation provided by legal counsel in a
48	48	17designated organization to an eligible individual including all legal advice, advocacy, and
49	49	18assistance associated with representation. Full representation includes, but is not limited to, the
50	50	19filing of a notice of appearance on behalf of the eligible individual in a covered proceeding.
51	51	20 “Indigent”, a person who is: (i) receiving public assistance pursuant to: (1) aid to families
52	52	21with dependent children pursuant to chapter 118; (2) the emergency aid program for elderly and
53	53	22disabled residents pursuant to section 1 of chapter 117A; (3) a veterans’ benefits program; (4)
54	54	23Title XVI of the federal Social Security Act; (5) the Supplemental Nutrition Assistance Program,
55	55	24pursuant to 7 U.S.C. chapter 51; (6) refugee resettlement benefits; or (7) Medicaid, pursuant to
56	56	2542 U.S.C. section 1396, et seq.; or (ii) earning an income, after taxes, that is 80 per cent or less of
57	57	26the current area median income established annually by the United States Department of
58	58	27Housing and Urban Development; or (iii) unable to pay the fees and costs of the covered
59	59	28proceeding in which the person is a party or is unable to do so without depriving said person or
60	60	29said person’s dependents of the necessities of life, including food, shelter and clothing.
61	61	30 “Legal counsel” or “counsel”, lawyer licensed to practice law in the Commonwealth. 3 of 6
62	62	31 “Partner attorney”, an attorney employed by or affiliated with a designated organization
63	63	32who agrees to provide full legal representation pursuant to this act.
64	64	33 “Access to Counsel Program”, a statewide access to counsel program to provide full legal
65	65	34representation to eligible individuals in covered proceedings to be funded by a specifically
66	66	35dedicated general court appropriation.
67	67	36 Section 17.
68	68	37 (a) There shall be a statewide Access to Counsel Program in eviction cases to effectuate
69	69	38the purposes of this act, subject to appropriation, to be specifically funded by the general court
70	70	39and administered by the Massachusetts Legal Assistance Corporation.
71	71	40 (b) With specifically designated funding, the Massachusetts Legal Assistance
72	72	41Corporation shall establish an Access to Counsel Program to provide free legal assistance and
73	73	42full representation to eligible individuals in covered proceedings.
74	74	43 (c) The Massachusetts Legal Assistance Corporation shall issue a request for proposal
75	75	44through a public notice for organizations to submit proposals to become designated
76	76	45organizations. The notice must delineate an open and transparent process for approving requests
77	77	46with input from the advisory committee. All organizations seeking to become designated
78	78	47organizations shall have the right to apply for funding and must identify the geographic area in
79	79	48which they shall represent eligible individuals. A designated organization may contract with
80	80	49partner attorneys to provide legal assistance and with community organizations to educate and
81	81	50inform tenants about their rights. Such information shall be available in multiple languages to
82	82	51ensure equitable access for linguistic minorities. 4 of 6
83	83	52 (d) Designated Organizations shall: (i) have substantial expertise in housing law and
84	84	53landlord and tenant law and substantial experience furnishing free legal assistance to eligible
85	85	54individuals; (ii) have a demonstrated track record of serving the low-income community, (ii)
86	86	55identify the geographic area in which they shall provide legal representation; (iii) have a plan to
87	87	56reach and provide legal representation to income eligible persons with limited English
88	88	57proficiency; (iv) provide appropriate supervision and training; (v) incorporate paralegals, legal
89	89	58interns or law students, where possible, to be supervised by legal counsel; and (vi) satisfy other
90	90	59criteria established the Massachusetts Legal Assistance Corporation with input from the advisory
91	91	60committee. Nothing herein shall interfere with any legal counsel carrying out their professional
92	92	61responsibilities to their clients as established in the canons of ethics and the code of professional
93	93	62responsibility adopted by the supreme judicial court.
94	94	63 (e) The Massachusetts Legal Assistance Corporation shall issue a request for proposal for
95	95	64qualified legal aid organizations to coordinate representation of eligible tenants statewide and a
96	96	65request for proposal for a qualified legal aid organization to coordinate representation of eligible
97	97	66owner-occupants. Such organizations shall provide statewide programmatic support and
98	98	67programmatic advocacy in addition to convening statewide trainings and forums for cross-
99	99	68training of attorneys in order to effectuate the purpose of this act.
100	100	69 (f) The Massachusetts Legal Assistance Corporation shall be responsible for exercising
101	101	70oversight, implementing fiscal controls, and for all data collection, deliverables, and ongoing
102	102	71programmatic evaluation.
103	103	72 (g) The Massachusetts Legal Assistance Corporation shall appoint an advisory committee
104	104	73with fifteen members from diverse regions of the Commonwealth that includes, but is not limited 5 of 6
105	105	74to, low-income tenants, low-income owner-occupants, non-profit community-based
106	106	75organizations, statewide advocacy organizations, and municipal officials. Each member shall
107	107	76have a
108	108	77 demonstrated commitment to homelessness prevention and housing stability. The
109	109	78advisory committee shall advise on matters and policies affecting the Access to Counsel Program
110	110	79and shall be convened by the Massachusetts Legal Assistance Corporation on a regular basis, but
111	111	80no less than twice a year.
112	112	81 (h) The Massachusetts Legal Assistance Corporation, in consultation with the advisory
113	113	82committee and designated organizations, shall determine how to phase in the access to counsel
114	114	83program over a period of 5 years.
115	115	84 Section 18.
116	116	85 (a) The Massachusetts Legal Assistance Corporation shall submit, with input from the
117	117	86advisory committee, a form to be approved by the Chief Justice of the Supreme Judicial Court
118	118	87that shall be used to notify individuals of their potential eligibility for access to legal counsel in
119	119	88covered proceedings and to the availability of housing stability resources and rental assistance
120	120	89programs. The supreme judicial court shall consider adopting other forms recommended by the
121	121	90Massachusetts Legal Assistance Corporation, with input from the advisory committee, as needed.
122	122	91 (b) Lessors must include or attach the form approved by the supreme judicial court to the
123	123	92notice to quit and summons and complaint for covered proceedings. The trial court shall notify
124	124	93lessors about the required form and lessors’ potential eligibility for legal counsel pursuant to this
125	125	94act. The form must be posted on the trial court’s website. 6 of 6
126	126	95 (c) If an eligible tenant, occupant or owner-occupant did not receive the approved form
127	127	96required pursuant to this section or legal counsel does not have sufficient time to file responsive
128	128	97pleadings, there shall be a reasonable continuation of the proceedings so that the tenant, occupant
129	129	98or owner-occupant can obtain legal assistance to prepare their case.
130	130	99 (d) The supreme judicial court shall approve a written waiver form for the trial court to
131	131	100inform eligible individuals about access to legal counsel in court proceedings in order for eligible
132	132	101individuals to knowingly and voluntarily waive the provisions of this act.
133	133	102 SECTION 2. The general court shall, subject to appropriation, fund an Access to Counsel
134	134	103Program in the Judiciary section of the budget through a specifically dedicated line-item to be
135	135	104administered by the Massachusetts Legal Assistance Corporation to effectuate the purposes of
136	136	105this act.
137	137	106 SECTION 3. The provisions of this act, unless otherwise expressly provided, shall take
138	138	107effect immediately upon passage.