I urge you to report favorably on HB518 and HB521 filed by Rep Turner which will bring more equity to summary process actions.
As a lifelong resident of Salem and a second generation Landlord with strong ties in the community I am also the founder and President of the Greater Salem Landlord Association and Board Member of the Massachusetts Rental Housing Association which consist primarily of small "mom and pop" landlords. ,
Too often tenants are raising claims of housing conditions only after the landlord has started summary for nonpayment of rent. These tenants most often don't have the rent and use claims of condition to delay the eviction process.
I believe by making it a law that the tenant’s summary process answer and counter claims subject to verification along with the help of tenant advocates educating the tenants on the pains and penalties of perjury would reduce the case load on the already strained courts. Tenants would think twice before stating things that may not exist or were caused by them.
The small landlord is too often put on the defensive responding to the mere utterance of a pest infestation or broken screen when there is no other evidence regarding their claims
HB521 would reduce delays in the landlord’s summary process case by not allowing any continuances merely by asking for discovery unless an answer was filed as well. It is only fair that the landlord have knowledge of any counterclaims being brought at the same time they are responding to the burden of discovery and not at a trial.
Under summary process timeframes in the best case scenario a landlord will lose 2 months’ rent due to lengthy court process and significant tenant rights already in place.
Most cases that do go to a physical eviction leaves the landlord a judgment that is never collected and in many agreements made have the landlord forgiving back rent to get possession.
There are ample services available in the courts advising tenants of their rights. Pro se tenants have many advocates as were pro se landlords have few.
I urge you to provide your support for these bills.
Respectfully,
Mary Chalifour Woodcock
President of Greater Salem Landlord Association www.salemlandlords.org
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