Mass. Gen. Laws ch. 239, sec. 15 — MA Code / Part III / Title III / Chapter 239 / Section 15
Action for summary process for nonpayment of rent; monthly report
Status: in_force

Section 15. (a) For the purposes of this section, ''emergency rental assistance'' shall, unless the context clearly requires otherwise, mean financial assistance provided to a residential tenant to prevent an eviction or homelessness under the residential assistance for families in transition program or any other program administered by the executive office of housing and livable communities, a municipality or a nonprofit entity administering such program, using public funds, on behalf of the executive office, a municipality or a federal agency to cure rent arrearage or provide financial assistance for moving cost assistance, including the payment of a security deposit. (b) In an action for summary process for nonpayment of rent, a court having jurisdiction over said action for summary process shall: (i) grant a continuance for a period as the court may deem just and reasonable if, either at the time the answer is timely filed or on the date the trial is scheduled to commence: (1) the tenancy is being terminated solely for non-payment of rent for a residential dwelling unit; (2) the non-payment of rent was due to a financial hardship; and (3) the defendant demonstrates, to the satisfaction of the court, a pending application for emergency rental assistance; provided, however, the court may consider any meritorious counterclaim brought in said action for summary process; (ii) issue a stay of execution on a judgment for possession if the requirements in clauses (1) to (3), inclusive, of paragraph (i) are met; and (iii) not enter a judgment or issue an execution before the application for emergency rental assistance has been approved or denied. (c) Not later than the fifteenth day of each month, the executive office of the trial court shall submit a report for the previous month to the clerks of the house of representatives and the senate, the house and senate committees on ways and means, the joint committee on housing and the joint committee on the judiciary that shall include, but not be limited to: (i) the number of actions for summary process entered and filed with each court having jurisdiction over an action for summary process; (ii) the number of default judgments entered, delineated by the reason for the summary process filing; (iii) the number of execution for possession orders granted, delineated by the reason for the summary process filing; (iv) the number of continuances requested and granted due to pending applications for emergency rental assistance pursuant to subsection (b); (v) the number of stays issued due to pending applications for emergency rental assistance pursuant to said subsection (b); (vi) the average length of a continuance and stay granted pursuant to said subsection (b); (vii) the number of stays requested, granted or denied pursuant to sections 9 and 10; (viii) the number of landlords and tenants participating in pre-trial mediation and, to the extent practicable, the outcome of each mediation; (ix) the number of landlords and tenants receiving legal representation and legal services through on-site court diversion and support resources; and (x) any other relevant information as the trial court may decide.

Section 15. (a) For the purposes of this section, ''emergency rental assistance'' shall, unless the context clearly requires otherwise, mean financial assistance provided to a residential tenant to prevent an eviction or homelessness under the residential assistance for families in transition program or any other program administered by the executive office of housing and livable communities, a municipality or a nonprofit entity administering such program, using public funds, on behalf of the executive office, a municipality or a federal agency to cure rent arrearage or provide financial assistance for moving cost assistance, including the payment of a security deposit.

(b) In an action for summary process for nonpayment of rent, a court having jurisdiction over said action for summary process shall:

(i) grant a continuance for a period as the court may deem just and reasonable if, either at the time the answer is timely filed or on the date the trial is scheduled to commence: (1) the tenancy is being terminated solely for non-payment of rent for a residential dwelling unit; (2) the non-payment of rent was due to a financial hardship; and (3) the defendant demonstrates, to the satisfaction of the court, a pending application for emergency rental assistance; provided, however, the court may consider any meritorious counterclaim brought in said action for summary process;

(ii) issue a stay of execution on a judgment for possession if the requirements in clauses (1) to (3), inclusive, of paragraph (i) are met; and

(iii) not enter a judgment or issue an execution before the application for emergency rental assistance has been approved or denied.

(c) Not later than the fifteenth day of each month, the executive office of the trial court shall submit a report for the previous month to the clerks of the house of representatives and the senate, the house and senate committees on ways and means, the joint committee on housing and the joint committee on the judiciary that shall include, but not be limited to: (i) the number of actions for summary process entered and filed with each court having jurisdiction over an action for summary process; (ii) the number of default judgments entered, delineated by the reason for the summary process filing; (iii) the number of execution for possession orders granted, delineated by the reason for the summary process filing; (iv) the number of continuances requested and granted due to pending applications for emergency rental assistance pursuant to subsection (b); (v) the number of stays issued due to pending applications for emergency rental assistance pursuant to said subsection (b); (vi) the average length of a continuance and stay granted pursuant to said subsection (b); (vii) the number of stays requested, granted or denied pursuant to sections 9 and 10; (viii) the number of landlords and tenants participating in pre-trial mediation and, to the extent practicable, the outcome of each mediation; (ix) the number of landlords and tenants receiving legal representation and legal services through on-site court diversion and support resources; and (x) any other relevant information as the trial court may decide.