2020 Emergency Right to Counsel Pilot Bill

As part of a comprehensive response to the eviction tidal wave expected to hit when the state's eviction moratorium lifts, Senator DiDomenico filed S. 2785, emergency legislation to establish a Right to Counsel Pilot project to protect low-income renters and owner-occupants in areas of the Commonwealth hardest hit by COVID. 

2019-20 Bills

The Massachusetts Right to Counsel Coalition seeks to ensure that low income people have access to resources and assistance that will prevent an eviction and stabilize their housing. Three right to counsel bills have been refiled for the 2019-20 Session and assigned to the Joint Committee on the Judiciary.

  • S. 913 An Act to ensure right to counsel in eviction proceedings filed by Senator Sal DiDomenico

  • H. 3456 An Act to ensure right to counsel in eviction proceedings filed by Rep. Chynah Tyler
    ​
  • H.1537 An Act establishing a right to counsel in certain eviction cases filed by Rep. Dave Rogers​ and Rep. Michael Day​​

RTC Coalition's Proposed Bill

On November 4, 2019, the RTC Coalition submitted a proposed bill to the Judiciary Committee to reconcile the different RTC bills. The proposed bill recommends drawing together principles consistent with guiding principles adopted by the Coalition (see below).
​

Principles for
​RTC in Massachusetts

To help us reconcile the differences between these bills and to build on them, the Massachusetts Right to Counsel Coalition has developed the following Guiding Principles for a Right to Counsel in Massachusetts
​
Housing Stabilization and Homelessness Prevention
Whereas housing is a basic fundamental human need, access to legal and housing stability services are necessary to prevent homelessness, stem the tide of displacement, and stop unjust evictions. 

Fairness in the Legal System
The vast majority of tenants who face eviction are unrepresented. In contrast, most landlords are represented by counsel. The result is a process that can be unbalanced and unfair.  

Assistance Can Make a Difference
Access to the right assistance can prevent families from the trauma of eviction and displacement, and create a path to housing stability. 

Upstream Solutions
Pre-court eviction help, proactive education and outreach, and housing stabilization are needed to prevent tenants from losing subsidized housing. “Upstreaming” will save landlords, tenants, and courts time and money and better facilitate the resolution of cases. 

Community Engagement
Development of an implementation plan must provide a process to allow for input from all stakeholders on the multitude of issues to consider.

Build Upon and Strengthen the Existing Institutions
Implementation must build upon the work of existing organizations with a proven track record of effectiveness in the areas of landlord/tenant legal assistance, homelessness prevention and housing stabilization.  

Collaboration
Collaboration is needed among legal services, social services, community organizers, municipalities, courts, educational institutions, and other organizations to create a continuum of impactful assistance.  

Funded with New Money
The right must be funded with new money and cannot be effective by reallocating existing legal assistance and housing stabilization resources.

Outcomes
Oversight and assessment of the program should be designed in a way to insure measurable outcomes, data collection, and public reporting.

Tied to Other Systemic Housing Solutions
The right to counsel is one component of a necessary housing stability strategy that must include other initiatives to preserve and expand the supply of affordable housing for low and moderate income people.

Did your Senator and Representative
​co-sponsor to
Right to Counsel bills?