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MA S913

MA S913
To ensure right to counsel in eviction proceedings


summary

Introduced
01/22/2019
In Committee
08/10/2020
Crossed Over
Passed
Dead
12/31/2020

Introduced Session

191st General Court

Bill Summary

For legislation to promote homelessness prevention in Massachusetts. The Judiciary.

AI Summary

This bill aims to ensure the right to counsel in eviction proceedings in Massachusetts. The key provisions are: 1. Chapter 239 of the General Laws is amended to provide the occupant of residential property with the right to counsel upon issuance of a notice to quit or service of a summons and complaint for summary process. If the occupant is indigent, defined based on various public assistance programs or income levels, counsel will be appointed upon their request and a determination of indigency. 2. Chapter 139 of the General Laws is amended to provide a similar right to counsel for occupants in actions by a lessor or owner to make void a lease or other title and recover possession of residential property. 3. The Committee for Public Counsel Services is tasked with establishing a system for the appointment of counsel in these summary process and similar proceedings. 4. A public task force is created to develop an implementation plan for the right to counsel, including recommendations on administration, recruitment of counsel, required legal changes, cost estimates, and training for appointed attorneys. 5. The Committee for Public Counsel Services is required to promulgate rules and regulations to implement the right to counsel based on the task force's findings, within one year of the task force's report. 6. The right to counsel is set to take effect and be fully implemented two years after the task force's report is submitted.

Committee Categories

Budget and Finance, Justice

Sponsors (23)

Last Action

Bill reported favorably by committee and referred to the committee on Senate Ways and Means (on 08/10/2020)

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