MASSACHUSETTS TRIALS COURT FILINGS, ACTIONS, AND ...
11
MASSACHUSETTS TRIALS COURT FILINGS, ACTIONS, AND DISPOSITIONS OF SUMMARY PROCESS CASES Chapter 257 of the Acts of 2020 An Act Providing for Eviction Protections During the Covid-19 Pandemic Emergency A Report to the Clerk of the House Clerk of the Senate House Committee on Ways and Means Senate Committee on Ways and Means House Committee on Housing Senate Committee on Housing Joint Committee on the Judiciary Submitted by: Paula M. Carey Chief Justice of the Trial Court March 15, 2021
Transcript of MASSACHUSETTS TRIALS COURT FILINGS, ACTIONS, AND ...
MASSACHUSETTS TRIALS COURT FILINGS, ACTIONS, AND DISPOSITIONS OF SUMMARY PROCESS CASES
Chapter 257 of the Acts of 2020
An Act Providing for Eviction Protections During the Covid-19 Pandemic Emergency
A Report to the
Clerk of the House Clerk of the Senate
House Committee on Ways and Means Senate Committee on Ways and Means
House Committee on Housing Senate Committee on Housing
Joint Committee on the Judiciary
Submitted by: Paula M. Carey
Chief Justice of the Trial Court
March 15, 2021
Monthly Report to Support the Implementation of Chapter 257 of the Acts of 2020
An Act Providing for Eviction Protections During the COVID-19 Pandemic Emergency I. INTRODUCTION This report was prepared to comply with Section 2(c) of Chapter 257 of the Acts of 2020 “An Act Providing for Eviction Protections During the COVID-19 Pandemic Emergency.” This monthly report summarizes the reporting requirements made by the legislation and presents summary statistics on eviction filings, actions, and dispositions from December 2020 through February 2021.
• Page 2: The number of actions for summary process entered and filed with each court having jurisdiction over an action for summary process.
• Page 3: The number of default judgments entered, delineated by the reason for the summary process filing.
• Page 4: The number of executions for possessions orders granted, delineated by the reason for the summary process filing.
• Page 5: The number of continuances requested and granted due to pending applications for short-term emergency rental assistance pursuant to subsection (b).
• Page 6: The number of stays issued due to pending applications for short-term emergency rental assistance pursuant to subsection (b).
• Page 7: The average length of a continuance and stay granted under said subsection (b).
• Page 8: The number of stays requested, granted or denied pursuant to sections 9 and 10 of chapter 239 of the General Laws.
• Page 9: The number of landlords and tenants participating in pre-trial mediation, and to the extent practicable, the outcome of each mediation.
• Page 10: The number of landlords and tenants receiving legal representation and legal services through on-site court diversion and support resources.
Other relevant information pertaining to the eviction diversion initiative can be found at: https://public.tableau.com/profile/drap4687.
It is important to note that the Trial Court is in the process of configuring, implementing, and training on new procedures and business practices in MassCourts to accurately record continuances and stays due to pending applications for short-term emergency rental assistance. Figures reflect these new docketing procedures that went into effect on February 5th.
Page 1
(i) Number of Summary Process Cases Filed Within Each Court Jurisdictionby Month of Case Filing
12/2020 01/2021 02/2021
0
500
1000
1500
2000
2500
3000
3500
4000
2,026
2,515
3,742
1,742
2,191
3,136
250
294
523
34
30
83
Court DepartmentBoston Municipal CourtDistrict CourtHousing Court
Page 2
(ii) Number of Default Judgments by Summary Process Action/ Type
12/2020 01/2021 02/2021
0
50
100
150
200
250
300
Number of Cases
185
292 291
136
259 249
20
19 18
16
22
Summary ProcessAction/ TypeCauseForeclosureNo CauseNon-payment of rent
* Figures reflect the last default judgment entered at trial where there is no subsequent entry of vacated default judgment on summary process cases filed in Municipal/District Court orHousing Court. For Boston Municipal and District Court, residential eviction cases include a small proportion of cases based on grounds other than non-payment of rent.
Page 3
12/2020 01/2021 02/2021
0
50
100
150
200
250
300
350
400
450
Number of Cases
437
378
406
340
302
345
17
17
3435
35
44 12
24
13
2
1
(iii) Number of Executions Issued for Possession and/or Money Judgmentby Summary Process Action/ Type
Summary ProcessAction/ TypeOtherForeclosureCauseNo CauseNon-payment of rent
* Figures reflect the last execution issued for possession and/or money judgment on summary process cases filed in Municipal/District Court or Housing Court. For Boston Municipal andDistrict Court, residential eviction cases include a small proportion of cases based on grounds other than non-payment of rent.
Page 4
(iv) Number of continuances requested and granted due to pending applications for short-term emergency rental assistance pursuant to subsection (b)
12/2020 01/2021 02/2021
0
100
200
300
400360
5527
40341822
322
209
Number of Continuances, Granted or Denied*
12/2020 01/2021 02/2021
0
100
200
300
400 360
2755
350
4724
10
83
Number of Continuances Requested*
Type of ContinuanceContinuance grantedContinuance deniedUnknown/Not available
DepartmentMunicipal/District CourtHousing Court
* Figures reflect continuances requested, granted or denied, for any matter. The category, unknown/ not available, reflects cases where a hearing for continuance was scheduled, but not yet heard or enteredinto MassCourts at the time of data reporting. Data includes retroactive continuances on non-payment of rent cases filed in the Municipal/District Court or Housing Court. For Boston Municipal and DistrictCourt, residential eviction cases include a small proportion of cases based on grounds other than non-payment of rent.
Note: The Trial Court is in the process of configuring, implementing, and training on new procedures and business practices in MassCourts to accurately record continuances due to pending applications forshort-term emergency rental assistance. These new docketing procedures went into effect on February 5th.
Page 5
01/2021 02/2021
0
10
20
30
40
50
60
70
80
Number of Cases
81
4
61
2
20
2
DepartmentMunicipal/District CourtHousing Court
* Figures reflect cases with a stay issued on non-payment of rent cases filed in the Municipal/District Court or Housing Court. Data is retroactive and reflects an event outcome of "due topending applications for short-term emergency rental assistance." For information regarding any type of stay issued, visit page eight of this report. For Boston Municipal and District Court,residential eviction cases include a small proportion of cases based on grounds other than non-payment of rent.
Note: The Trial Court is in the process of configuring, implementing, and training on new procedures and business practices in MassCourts to accurately record stays due to pendingapplications for short-term emergency rental assistance. These new docketing procedures went into effect on February 5th.
(v) Number of stays issued due to pending applications for short-term emergency rental assistance pursuant to subsection (b)
Page 6
(vi) Average length of a continuance and stay granted under said subsection b
01/2021 02/2021
0
10
20
30
40
50
60
70
80
90
100
110
Length of Time (in days)
51.6 days
42.4 days
55.5 days
39.4 days
Stays IssuedContinuance grantedStay issued
* Figures reflect the first stay issued or continuance granted on non-payment of rent cases filed in Municipal/District Court or Housing Court. Data is retroactive and reflects an eventoutcome of "due to pending applications for short-term emergency rental assistance." The average length of time is the sum of the total length of time over the total number of cases. ForBoston Municipal and District Court, residential eviction cases include a small proportion of cases based on grounds other than non-payment of rent.
Note: The Trial Court is in the process of configuring, implementing, and training on new procedures and business practices in MassCourts to accurately record stays and continuances due topending applications for short-term emergency rental assistance. These new docketing procedures went into effect on February 5th.
Page 7
(vii) Number of stays requested, granted or deniedpursuant to sections 9 and 10 of chapter 239 of the General Laws
Number of Stays Granted or Denied*
12/2020 01/2021 02/2021
0
50
100
150149
42
90
3652
30
8
12
8
107
26
6
TypeStay grantedStay deniedUnknown/Not available
Number of Stays Requested*
12/2020 01/2021 02/2021
0
50
100
150149
42
90
107
26
42
31
64
DepartmentMunicipal/District ..Housing Court
* Figures reflect stays requested, granted or denied, on any matter. Data is retroactive and reflects stays on non-payment of rent cases filed in the Municipal/District Court or Housing Court.For Boston Municipal and District Court, residential eviction cases include a small proportion of cases based on grounds other than non-payment of rent.
Note: The Trial Court is in the process of configuring, implementing, and training on new procedures and business practices in MassCourts to accurately record stays due to pendingapplications for short-term emergency rental assistance. These new docketing procedures went into effect on February 5th.
Page 8
(viii) Number of landlords and tenants participating in pre-trial mediation and,to the extent practicable, the outcome of each mediation
* Figures reflect the last mediation outcome entered on non-payment of rent cases filed in Municipal/District Court or Housing Court. Data is retroactive. For Boston Municipaland District Court, residential eviction cases include a small proportion of cases based on grounds other than non-payment of rent.
12/2020 01/2021 02/2021
0K
1K
2K
3K
1,5811,740
3,072
Tenant1,773Tenant
1,007Tenant899
Landlord1,299
Landlord733
Landlord682
12/2020 01/2021 02/2021
0
200
400
600
800
1000
12001,182
601682
353261302
236
173158
94
4083
499
20858
Outcome of Mediation
Number of Landlords and Tenants Participating
OutcomePendingClosedNot SettledSettled
PartyLandlordTenant
Page 9
12/2020 01/2021 02/2021
0K
1K
2K
3K
4K
Number
2,03197.5%
2,66396.5%
4,28395.5%
522.5%
963.5%
2004.5%
12/2020 01/2021 02/2021
0K
1K
2K
3K
Number
23413.8%
29813.3%
50815.2%
1,46186.2%
1,93686.7%
2,82984.8%
Landlords
Tenants
(ix) Number of Landlords and Tenants Receiving Legal Representationin Summary Process Cases by Month of Case Filing
Representation,Any SourceRepresented, EverPro Se
* A Massachusetts corporation, including a limited liability company, may not be represented in judicial proceedings by a corporate officer who is not an attorney licensed to practice law in theCommonwealth, except for small claims matters.
** Figures reflect non-payment of rent cases filed in Municipal/District Court or Housing Court. There is a delay between when a case is filed and when an attorney enters an appearance. Representation isrecorded for the week that the case was filed. Data reflects retroactive attorney appearances. For Boston Municipal and District Court, residential eviction cases include a small proportion of cases based ongrounds other than non-payment of rent.
Page 10
