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With Gov. Charlie Baker signing the state budget this week, residents across all of Massachusetts, including Malden and Medford, would have access to housing courts by January 2019.
By STEVE FREKER
BOSTON — Malden and Medford residents will finally get their day in Housing Court.
This week Gov. Charlie Baker is expected to sign the $40.8 billion state budget this week for fiscal year 2018, with funding that would initiate a statewide expansion of the Mass. Housing Court, which will include Malden, Medford and the remaining communities not presently with access to a housing court.
As it stands now, if a landlord seeks to evict a tenant or if a tenant has a dispute over the condition of a rental property or rent payment, residents and building owners in Malden and Medford have to attempt to settle the matter in district court. There they are thrown together with any and all other civil cases. There is no guarantee their matter will be resolved quickly, efficiently or at an affordable cost.
Despite being two of the highest populated Eastern Mass. communities, Malden and Medford are two of the 83 communities, about 31 percent Massachusetts residents statewide, that do not have access to services available at specialized state housing courts.
Established nearly half a century ago, with its beginnings as the Boston Housing Court, the state housing court since 1971 has grown to represent about 80 percent of the state, but Malden, Medford and much of Middlesex County are still not connected.
Baker included $1 million to start the expansion process with his first FY18 proposal in January and state legislators took up the flag. When signed into law, residents across all of Massachusetts, including Malden and Medford, would have access to housing courts by January 2019.
More than 70 state legislators in both the House and Senate backed the statewide housing court expansion plan, including the entire Malden and Medford state delegation, who all signed onto the respective budget addendums, including Sen. Jason Lewis, D-5th Middlesex, Malden, Sen. Pat Jehlen, D-2nd Middlesex, Medford and Reps. Paul Donato, D-Malden, Medford, Steve Ultrino, D-Malden, Paul Brodeur, D-Malden, Melrose, Christine Barber, D-Medford, Somerville and Sean Garballey, D-Medford, Arlington.
Malden Rep. Ultrino said he has been an active advocate for housing court access for Malden and made it a legislative priority since first elected in 2014, working closely with the lead sponsor in the House, Rep. Chris Walsh, D-Framingham.
“So much depends on a person’s housing: their community, their child’s education, their health and even their employment,” said Ultrino, who has given testimony on this initiative. “By expanding access to the housing courts, we can address housing instability and help landlords and tenants resolve disputes fairly, equitably and affordably.”
Statewide, there are more than 42,000 cases filed in state housing courts. That figure would increase under the expansion to statewide coverage and local residents and many more in Middlesex County would have access to housing courts, which have housing specialists who are available to mediate cases such as eviction, which can be negotiated to lessen the financial hit on both tenant and landlord, with the right assistance.
For instance, an agreement where a tenant agrees to move out on a future agreed-upon date, or where the landlord allows the tenant to remain in return for a payment plan, limits the landlord’s costs of an eviction. Additionally, without the cost of a lawyer, the housing specialists can step in and advise both sides.
Only housing courts regularly hold sessions to hear cases that are brought to enforce building, housing, fire, and health codes, and to respond to health and safety emergencies. Housing courts provide an efficient forum where board of health inspectors and fire departments can promptly resolve code violations.
According to the FY18 budget addendum, the housing court expansion would be statewide, with a new division of the state into six regions. Malden, Melrose and Everett would be included in Northeastern Division, which would include all the communities in Essex County along with these three and 35 other cities and towns in Middlesex County.
Medford would be included for housing court coverage in a new Eastern Division which would include Boston, Brookline, all of Suffolk County and a number of Middlesex communities.
According to the plan, the largest cost would the addition of six new housing court justices to the present complement of nine, with two judges in each of the newly-configured six divisions, two circuit justices and a chief justice for housing.
Ultrino said that Housing courts connect both landlords and tenants with judges, attorneys, and agencies with expertise in navigating federal, state, and local laws on housing. Also, housing courts respond quickly and efficiently to code violations, protecting a building’s tenants from unsatisfactory housing conditions. Furthermore, housing courts serve the most vulnerable by helping low-income, elderly, immigrant, and disabled residents find and retain housing.
“One of the most common constituent concerns I hear about is housing. We have a great need for housing court services in Malden, and I’m glad that our community will finally have full access to this important part of our justice system,” Ultrino said.