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Disclaimer: What you read here is not legal advice and is not intended to be a substitute for thorough and competent legal advice from a licensed attorney. Carvajal & Nielsen, P.C., created this website for general information purposes only and is labeled "advertising" in accordance with rules established by the Supreme Judicial Court of Massachusetts. You cannot form an attorney-client relationship with us by visiting this website or sending us an e-mail. Do not act on what you read here or on any of the links provided without first checking the sources and talking to a lawyer. |
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AREAS OF PRACTICE EVICTIONS Under Massachusetts law, every tenant or occupant is entitled to court process prior to removal from a residential dwelling. The law sets forth specific procedures that a landlord must follow, including properly terminating the tenancy before any court action can begin. Whether for non-payment of rent or no- cause, the law allows a tenant to raise defenses and counterclaims to defeat any claim for possession and rent owed by the landlord. There are specific deadlines the tenant must keep in mind when deciding to seek help. Usually, the best time to seek legal advice is when the tenant first receives notice that the landlord wants to end the relationship. CONDITIONS Massachusetts law states that a landlord cannot rent space intended for residential dwelling in “as is” condition. The apartment must be fit for human habitation. All the requirements are set forth in the State Sanitary Code. For example, all electrical outlets and fixtures must work, there must be water and utility access. When the apartment does not comply with the State Sanitary Code, the tenant has several legal options after informing the landlord of the problem. Although the law does not require it, the tenant may want to let the landlord know about the problems in writing. If the landlord fails to make repairs after being notified of the conditions, then there are several options that a tenant may take to enforce his/her rights. DISCRIMINATION Housing discrimination law is complex. There are Federal and State laws regulating discrimination. Under the law, it is illegal for a landlord to refuse to rent on account of race, color, national origin, religion, age, familial status and disability. Massachusetts law also protects tenants from discrimination on the basis of veteran’s status, receipt of public assis tance and sexual orientation. CONSUMER PROTECTION If a landlord owns three or more rental units, and does not reside on the property, then the landlord will be subject to M.G.L. c. 93A. This law is known as the Consumer Protection Act and places landlords in the business of renting residential apartments on a different level than smaller landlords. Because these landlords are larger, the law allows for higher penalties when thereis an intentional and willfull violation the law. TERMINATION OF RENTAL ASSISTANCE Public housing authorities administer many different types of rental assistance programs in the Commonwealth of Massachusetts. There are a number of Federal and State laws that govern how a public housing authority may administer and terminate rental assistance. The first thing tenants should know is that a tenant is presumed to have a property interest in their voucher. As a result, due process rights arise whenever the housing authority attempts to terminate the voucher. If your voucher has been terminated and the housing authority has violated your civil rights during the termination process, you may have legal recourse. |
OTHER USEFUL RESOURCES www.masslegalhelp.org – offers assistance on the following issues: children and families, consumer, domestic violence, employment and unemployment, health and mental health, housing, school, seniors, CORI, disability. www.livejustice.org – help with housing issues for low-income residents of Massachusetts by either e-mailing an attorney or searching their resources to find help on your own. www.laccm.org – free civil (non-criminal) legal assistance to low-income and elderly residents of Worcester County: elder law, government benefits, eviction defense, housing and employment discrimination, and family law matters affecting domestic violence victims. www.wmls.org – free civil legal help or low-income people and elders who live in western Massachusetts: housing, government benefits, family law and domestic violence, employment, disability, health care and problems uniquely affecting elders. www.bostonfairhousing.org – focuses on ending illegal housing discrimination in the greater Boston area, specifically in Essex, Middlesex, Norfolk, Plymouth, and Suffolk counties. www.massfairhousing.org – works to eliminate illegal housing discrimination in Central and Western Massachusetts (Hampden, Hampshire, Franklin, Berkshire, and Worcester counties). |
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CARVAJAL & NIELSEN, P.C. |
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501 Belmont Avenue |
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340 Main Street, Suite 862 |
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scarvajal@cnpclaw.com • anielsen@cnpclaw.com |
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