Emergency Right to Counsel 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. There are also amendments filed in the House to do the same.
Emergency Right to Counsel Bill Information
Letters to the Governor
Emergency Right to Counsel Bill Information
- S. 2785
- Fact Sheet for S. 2785
- Who Is Co-sponsoring S. 2785
- Over 40 organizations submit testimony to Committee on Housing
- Coalition S. 2785 Testimony to Senate Ways & Means
- House Amendment #82 and House Amendment #166 to H. 4879
- Co-Sponsor Fact Sheet for Amendments #82
- Co-Sponsor Fact Sheet for Senate Amendment 175 to S. 2842
Letters to the Governor
- RTC Advisory Committee Letter to Governor Baker & Legislative Leaders (Sept 23, 2020)
- Health Care Letter to Governor Baker (Sept 2, 2020)
- Municipal Mayors and Managers Letter to Governor Baker (August 18, 2020)
- Boston Bar Association Letter to Governor Baker (July 24, 2020)
- Joint Statement from Maloney, Beacon, Trinity, and Winn in Support of Right to Counsel
- Episcopal Diocese of Massachusetts Letter to Governor Baker & Legislative Leaders (July 21, 2020)
- Massachusetts Delegation Letter to Governor Baker on Right to Counsel Pilot (July 13, 2020)
- RTC Coalition Letter to Governor Baker on Funding Right to Counsel Pilot (July 1, 2020)
Principles for Right to Counsel
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.
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.