Several tenant RTC bills introduced

08/01/2024 , Massachusetts , Legislation , Housing - Evictions

In the 2023-24 legislative session, the Massachusetts legislature introduced numerous bills that would have provided a right to counsel for tenants facing eviction matters.

First, HB 3941 would provide funding “for the initial costs of establishing a ‘Right to Counsel’ program in the department for free legal assistance and full representation to eligible individuals in eviction proceedings”.  It also would require the department to contract with the Massachusetts Legal Assistance Corporation for the administration of the program. ‘right to counsel’ program” for “eligible individuals in eviction proceedings[.]”

Next, cross-filed bills, SB 864 / HB 4360, propose providing a right to counsel in eviction proceedings to indigent individuals who are either (a) tenants or (b) owner-occupants of a 1-3 unit building.

HB 2748 would create the “Housing First and Housing for All Fund,” to be used for, among other things, supporting “the right to counsel or other legal representation in eviction cases.”

Finally, HB 2, proposed an appropriation of $3,500,000 for fiscal year 2025 “[f]or an access to counsel program; provided, that subject to appropriation, funds shall be distributed by the Massachusetts Legal Assistance Corporation to designated non-profit organizations to increase access to legal representation for low-income tenants and low-income owner occupants in eviction proceedings.”

SB 864, HB 2748, and HB 3941 were first introduced in 2023 but carried over to 2024.  The 2024 legislative session ended on July 31, 2024 though, and while an informal session commenced on August 1 and the bills are not yet listed as having died, many have stalled in committee or accompanied a study order.