Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S1077 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 2317 FILED ON: 1/17/2025
3	3	SENATE . . . . . . . . . . . . . . No. 1077
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Peter J. Durant
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 maintaining parity in legal services for small property owners.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Peter J. DurantWorcester and HampshireBruce E. TarrFirst Essex and Middlesex2/27/2025 1 of 5
16	16	SENATE DOCKET, NO. 2317 FILED ON: 1/17/2025
17	17	SENATE . . . . . . . . . . . . . . No. 1077
18	18	By Mr. Durant, a petition (accompanied by bill, Senate, No. 1077) of Peter J. Durant and Bruce
19	19	E. Tarr for legislation to maintain parity in legal services for small property owners by providing
20	20	financial assistance to both local and statewide programs that serve eligible clients. The
21	21	Judiciary.
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Fourth General Court
25	25	(2025-2026)
26	26	_______________
27	27	An Act maintaining parity in legal services for small property owners.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. Chapter 221A of the General Laws is hereby amended by striking out
31	31	2section 1, as appearing in the 2010 Official Edition, and inserting in place thereof the following
32	32	3section:-
33	33	4 Section 1. As used in this chapter, the following words and terms shall have the following
34	34	5meanings:—
35	35	6 “Board”, the board of directors of the Massachusetts Legal Assistance Corporation.
36	36	7 “Corporation”, the Massachusetts Legal Assistance Corporation.
37	37	8 “Eligible client”, any indigent person or qualified small business land owner (“QSBLO”)
38	38	9who is a resident of the commonwealth. 2 of 5
39	39	10 “Fee generating case”, any matter which, if undertaken on behalf of an eligible client by
40	40	11an attorney in private practice, may reasonably be expected to result in payment of the fee of
41	41	12such attorney from an award to the client or by the opposing party.
42	42	13 “Fiscal year”, the twelve-month period beginning on July first and ending on June
43	43	14thirtieth.
44	44	15 “Fund”, the Legal Assistance Fund.
45	45	16 “Indigent person”, a person who receives public assistance under the Massachusetts Aid
46	46	17to Families with Dependent Children, general relief or veterans’ benefits programs or receives
47	47	18assistance under Title XVI of the Social Security Act, or the Medicaid Program, 42 USC 1396 to
48	48	191396(n), inclusive, or a person whose income, after taxes, is one hundred and twenty-five per
49	49	20cent or less of the current poverty threshold annually established by the United States Office of
50	50	21Management and Budget, or a person who is otherwise considered indigent due to hardship
51	51	22circumstances under standards established by the board.
52	52	23 “Local program”, a qualified legal services program serving clients in an area limited to
53	53	24certain counties, cities, or towns of the commonwealth.
54	54	25 “Qualified legal services program”, a nonprofit program which provides legal services in
55	55	26civil cases without charge to indigent persons and has a board of directors composed of both
56	56	27attorneys and consumers of legal services. Legal services programs which have been or are
57	57	28funded in whole or in part by the Legal Services Corporation established pursuant to 42 USC
58	58	292996 to 2996(l), inclusive, shall be presumed to be qualified legal services programs. 3 of 5
59	59	30 “Qualified small business land owner” (“QSBLO”), a landowner owning, personally or
60	60	31through a business entity, three or fewer properties whose annual income falls below guidelines
61	61	32set by the Board or who property(ies) fall with the Loan to Value guideline ratios established by
62	62	33the Board.
63	63	34 “Recipient”, a qualified legal services program receiving financial assistance under this
64	64	35chapter.
65	65	36 “Statewide program”, a qualified legal services program serving eligible clients, or
66	66	37providing support services to local programs throughout the commonwealth.
67	67	38 SECTION 2. Chapter 221A of the General Laws is hereby amended by striking out
68	68	39section 9, as appearing in the 2022 Official Edition, and inserting in place thereof the following
69	69	40section:-
70	70	41 Section 9. The corporation shall, subject to appropriation or to the amount of monies
71	71	42available from the fund, or from funds made available from any other public or private source,
72	72	43provide financial assistance to both local and statewide programs. In each fiscal year at least 80
73	73	44per cent of such financial assistance shall be distributed to local programs on a basis
74	74	45proportionate to the number of eligible clients within the service areas of such local programs.
75	75	46Up to 20 per cent of such assistance may be distributed to statewide programs.
76	76	47 Eligible client calculations shall also consider parity amongst participants in landlord
77	77	48tenant disputes to determine if the landlord of an eligible client tenant is also an eligible client as
78	78	49a qualified small business land owner” (“QSBLO”). If a tenant pursuing legal action against his
79	79	50or her landlord or a tenant involved in a Summary Process Action described in chapter 239 is
80	80	51deemed eligible, before they may receive service the tenant’s landlord shall be notified and 4 of 5
81	81	52evaluated for need. If the landlord is deemed eligible as a QSBLO then no legal service may be
82	82	53provided to the eligible client tenant unless legal services are also provided to the eligible
83	83	54landlord.
84	84	55 In the distribution of such assistance the corporation shall insure the maintenance of the
85	85	56highest quality of service and professional standards, the preservation of attorney-client
86	86	57relationships, and the protection of the integrity of the adversary process from any impairment,
87	87	58and that recipients, consistent with goals established by the corporation, shall adopt procedures
88	88	59for determining and implementing priorities for the provision of such assistance, taking into
89	89	60account the relative needs of eligible clients for such assistance, including such outreach,
90	90	61training, and support services as may be necessary, including, particularly, the needs for service
91	91	62on the part of significant segments of the population of eligible clients with special difficulties of
92	92	63access to legal services or special legal problems, including elderly and handicapped individuals,
93	93	64and appropriate training and support services; and, in order to provide such assistance to such
94	94	65significant segments of the population of eligible clients; that attorneys employed full time in
95	95	66legal assistance activities supported in major part by the corporation refrain from any
96	96	67compensated outside practice of law, and any uncompensated outside practice of law except as
97	97	68authorized in guidelines promulgated by the corporation; and that no financial assistance
98	98	69distributed pursuant to this chapter shall be used to provide legal assistance with respect to any
99	99	70fee generating case, or to provide legal assistance with respect to any criminal proceeding or civil
100	100	71action arising out of or brought for the purpose of challenging the validity of a criminal
101	101	72conviction, or to provide services to persons who are not eligible clients; and that a substantial
102	102	73amount of financial assistance distributed pursuant to this chapter shall be provided, under 5 of 5
103	103	74standards established by the board, for compensation for legal services to indigent persons which
104	104	75are provided by attorneys who engage in the private practice of law.
105	105	76 SECTION 3. The board of directors of the Massachusetts Legal Assistance Corporation
106	106	77shall establish guidelines for determining qualified small business land owners through income
107	107	78or through the loan to value ratio of the property or properties.