The recent proposal to extend the jurisdictional reach of the
Housing Court across the commonwealth will provide a benefit of
expanded access, but may also compound frustrations of pro se
litigants. A tenant clinic is offered every Monday to assist
tenants. No similar service is offered to landlords, who can be
exposed to damages for procedurally deficient cases and strict
liability under state law. Having a lawyer referral service for
landlords can help achieve greater efficiencies for the Housing
Court by giving property owners access to an accurate assessment of
their legal rights and obligations and help them move through, or
avoid entirely, a process they may not fully understand.
As a sole practitioner in Boston focusing on real estate and
related matters, including landlord/tenant matters, I have had the
opportunity to represent both small and large landlords through
Summary Process cases in the Housing Court as well as the District
Court. The Housing Court has a much larger pool of pro-se litigants
than any other court in the state, in terms of both tenants and
landlords. For tenants served with a summons and complaint to
appear in the Boston Housing Court, there is an opportunity for
students and members of the bar to assist in filling out
pre-printed forms and postponing eviction cases for no less than
two weeks so that tenants have an opportunity to present a defense.
Landlords have little access to helpful information, such as a
clinic to explain the security deposit or lead paint law, which can
lead to serious repercussions. Many landlords believe the idea of
retaining a lawyer is cost prohibitive. In fact, hiring counsel is
likely to help move the case along faster and more efficiently. The
attorney will get an accurate assessment of the landlord's rights
as a property owner, helping the landlord get back to business.
This lack of real, substantive assistance for pro-se landlords
does not affect the big development companies with hundreds of
units who have a greater ability sustain a $10,000-$50,000 loss
each year and are required by statute to have a lawyer, but there
is a serious adverse impact on the "little guy" who buys a piece of
"investment property" in hopes of making a little extra money to
support the family. The accessibility of the Housing Court and the
ability of the average landlord to walk in, purchase a $5 summons
and take it to be served without performing the checks and balances
a lawyer would perform, can result in serious and devastating
financial consequences. The Housing Court staff does their very
best to help everyone, however, like any court, the Housing Court
staff is barred from giving legal advice and cannot give referrals
to landlords seeking lawyers.
Landlord-tenant law in Massachusetts is not as simple as some
may think. Between the several different Section 8 programs,
subsidized housing programs, elderly housing programs and so-called
sober homes, it is important to be familiar with the intricacies of
each, including, without limitation, the special rules governing
evictions. For example, the average pro-se landlord is unlikely to
either be aware of or understand the additional requirements when
commencing an eviction against a Section 8 tenant and can end up
getting repeatedly dismissed from court on a technicality because
they are unable to understand how to cure the defect without an
advocate. In my practice, I have created an affordable fee
structure which allows landlords to obtain the legal representation
they need, including the ability to effectively serve and respond
to discovery, file dispositive motions, and zealously defend
numerous counterclaims, some of which may be frivolous.
At a minimum, landlords should be encouraged to have their case
(including terms of tenancy, length of tenancy, condition of
property, etc) reviewed by an attorney prior to making any decision
to represent themselves. In some cases, even a one hour
consultation would be sufficient, particularly in light of the
proposed expansion throughout the commonwealth.
Jordana Roubicek Greenman is a sole practitioner whose
practice consists of a broad range of real estate related matters,
including commercial and residential landlordtenant litigation,
condominium association representation, and commercial and
residential conveyancing. Greenman has a reputation for
aggressively advocating and ensuring her clients' goals are pursued
and attained. She was recognized in Super Lawyers Rising
Stars 2012 and is a member of the Massachusetts Bar Association and
the Real Estate Bar Association.