Happy Fourth of July!

Housing Discrimination in the News

A recent Boston.com article illustrates the perils of housing discrimination in Massachusetts.  The U.S. Department of Justice filed a civil complaint against a North Attleborough apartment complex owner for discriminating against applicants with children.  This owner reportedly tried to discourage renters with children from renting one of his apartments.  The parties in this case reached a settlement: $135,000 in restitution (and likely a great deal for attorney fees for the apartment owner).

Housing discrimination is illegal, both under state and federal law.  As this article shows, these laws are enforced.  Landlords caught discriminating against potential tenants can face huge fines, even if the alleged discrimination is inadvertent.

With this in mind, landlords need to familiarize themselves with the protected classes of persons from discrimination (The Massachusetts Attorney General's Office has a great summary of these laws).  I always recommend that landlords keep a log of all the potential tenants who look at their rental properties, and the specific reasons why the landlord decides to reject an applicant.  Landlords who are concerned about asking the wrong questions during the application process should consider using a script and write their questions in advance.  While this may sound overkill, the risks of being accused of rental discrimination just isn't worth it.    

BLOG POST:

http://malandlordtenantlawblog.sherwinlawfirm.com/2015/06/housing-discrimination-in-Mass.html

WEBSITE:

http://www.sherwinlawfirm.com

Transfers to Housing Court

Massachusetts's trial court system has a unique forum for resolving housing matters: Housing Court.  Housing Court has jurisdiction over civil and criminal matters related to the  health, safety, or welfare of the occupants or owners of residential housing.  In addition to eviction cases (probably the most common type of case in Housing Court), Housing Court can hears civil, criminal, and small claims cases related to housing.

Housing Court's jurisdiction does not cover every town and city in Massachusetts.  Claimants need to check if they live in a part of Massachusetts that Housing Court covers (presently, there is a growing movement to expand Housing Court statewide to every Massachusetts town and city).   

Housing Court has a unique feature that allows plaintiffs and defendants to transfer their case into Housing Court, if Housing Court has jurisdiction over the case.  A transfer to Housing Court can be done anytime up to the day before trial and only requires the submission of a simple transfer form to the original court and Housing Court.


BLOG POST:

http://malandlordtenantlawblog.sherwinlawfirm.com/2015/06/transfers-to-housing-court.html

WEBSITE:

http://www.sherwinlawfirm.com 

Injunctive Relief

Sometimes, a party in a landlord/tenant case needs the court to do more than simply award monetary damages or possession of the property.  In such cases, injunctive relief can be a good option.

An injunction is a court order that mandates or prohibits a party from doing a certain action.  A landlord, for example, can obtain an injunction against a tenant to enjoin them from damaging property (if they have sufficient evidence that this harm is occurring).  Tenants can also get injunctions; these are obtained frequently when a landlord refuses to fix dangerous conditions in a property. 

To get an injunction, a party needs to show irreparable harm--damages that cannot be resolved through monetary damages. Fortunately, matters involving property are often sufficient for this type of relief.  

If you are facing a landlord/tenant problem that requires immediate attention, consult an attorney to determine if an injunction is right for you.    

BLOG POST:

http://malandlordtenantlawblog.sherwinlawfirm.com/2015/06/injunctive-relief.html

WEBSITE:

http://www.sherwinlawfirm.com 

  

  

Happy Memorial Day!

Small Claims Court for Landlords and Tenants

An option for landlords and tenants who need to sue for low amounts of money ($7,000 and under) is small claims court.  Small claims cases may be brought in District Court, Boston Municipal Court (if your case occurred in Boston) or Housing Court (if your case directly concerns a housing issue).

Compared to other courts in Massachusetts, small claims court is an informal process, intended for parties to use without the help of a lawyer (although parties may have a lawyer represent them if they chose to).  The rules of evidence are relaxed and trials are informal. In most small claims sessions, parties also have the option of trying mediation to settle their disputes.

Landlords can use small claims court to seek unpaid rent against tenants, as well as damages to the rental property.  While landlords can pursue unpaid rent against tenants in an eviction case ("summary process"), an eviction case requires a dispute over possession of the rental property.  If the tenant is no longer living in the property, summary process is the wrong forum for disputes over unpaid rent.  Moreover, a landlord cannot pursue monetary claims for damages beyond unpaid rent (such as physical damages to the premises) in summary process.  Tenants can use small claims court for claims against landlords, such as violations of the security deposit law and poor conditions in the rental property. 

While small claims is useful for resolving certain disputes, there are drawbacks to this process.  For example, a plaintiff in small claims waives their right to an appeal; if they lose, the case is over.  Discovery is also limited; parties may not be able to obtain the same information from the other side as they would in another court.  Finally, small claims court is primarily for recovering monetary damages; parties are generally unable to obtain non-monetary relief (such as a restraining order or injunction).

BLOG POST:

http://malandlordtenantlawblog.sherwinlawfirm.com/2015/04/smallclaimscourt.html

WEBSITE:

http://www.sherwinlawfirm.com 

Recommended Resource: 99 Signs You Shouldn’t Rent To That Tenant

Selecting tenants is one of the most challenging jobs for a landlord.  Renting to anyone comes with risk, and choosing the wrong tenants can be costly, both in time and money.  Landlords should use extreme care in the tenant screening process.  A helpful resource for landlords in finding the right tenant is 99 Signs You Shouldn’t Rent To That Tenant.  This guide offers things to watch out for when meeting potential tenants.

When selecting tenants, landlords should consider keeping a log of each person who views the rental property, and any specific reasons why the landlord did not offer to rent to the prospective tenants.  This will help if the landlord is ever accused of discrimination or unlawfully refusing to rent to a tenant (topics I will discuss in a future post).


BLOG POST: 

http://malandlordtenantlawblog.sherwinlawfirm.com/2015/04/recommended-resource-99-signs-you.html

WEBSITE:

http://www.sherwinlawfirm.com