Through the pandemic, many local community advocacy groups adapted to meet the urgent needs of residents in an unprecedented time. Court not issuing summons for evictions until at least July 6, 2020: ecause of the COVID-19 crisis,beginning April 6, 2020,the court is not issuing an important document (called a summons) that allows the eviction lawsuit to move forward. Catholic Social Services, with offices in both New Bedford and Fall River, connects people to rental assistance programs and legal services. We are going to see the homeless situation get really out of hand. But the Southeast Housing Court a regional jurisdiction with courthouses in Plymouth, Taunton, Fall River and New Bedford, where Duartes case was heard stands out as the states toughest court for tenants during this extraordinary public health threat and the ensuing economic disruption. Share sensitive information only on official, secure websites. The Southeast Division's court personnel travel to hold sessions in Fall River, New Bedford, Taunton, Plymouth, and Barnstable. The free legal services are available to all who fall below 200 percent of the federal poverty line. A spokesperson for the housing court declined to comment, citing a policy of not discussing individual cases. NEW BEDFORD As tenants at the 189-193 Elm Street apartment complex brace for eviction, area housing experts said the city should expect more similar situations. Eviction Filings and Defaults in Bedford, Virginia. Youre told you have choices, and then you are strong-armed into certain ones, Newhall said of the experience mediating her case in court. The fear, housing advocates say, is that the eviction crisis will evolve into a homelessness crisis. Do not panic. The organizations Housing Opportunities Center is located at 308 Cottage St. Comments must be civil and will be edited for clarity and length. Circuit Court Circuit Court Case Information Online access to civil and criminal cases in select circuit courts. Receive in-depth news stories and arts & culture coverage from around New Bedford in your inbox every weekday. So far, landlords recouped at least $268 million during the pandemic from federally funded rental assistance programs in Massachusetts. Well, obviously I can't afford a lawyer.. Please do not include personal or contact information. While the type of notice you may require can differ, depending on the circumstances, a sample 3-day notice for non-payment of rent and complaint in forcible entry and detainer have been provided in the FORMS section of this website. She acts as the regional coordinator of the Tenancy Protection Program. Trial Court data. Census data comes from the following 2021 American Community Survey (ACS) 5-year tables: B25070 (rent burden), B25032 (housing units), and B25008 (renter and total population). Whitney Duarte reported the leak to health inspectors in January, 2020, but she didnt move out. The main form of assistance programs available are Residential Assistance for Families in Transition (RAFT), Emergency Rental and Mortgage Assistance (ERMA) and Federal Emergency Rental Assistance Program (ERAP), organization leaders say. We started getting calls (during the pandemic) from people who had never been unemployed before, she said. 21 Eliot Street, Suite 1, South Natick, MA 01760. An execution, provided to a landlord by a Massachusetts Housing Court judge, formally allows a landlord to order a tenant to vacate the rental property within 48 hours. Official websites use .mass.gov. Once approved by the judge, this agreement becomes a court order and both parties are legally required to follow it. They are open Monday through Friday, from 9 a.m. to 5 p.m. Generally, participants must have low income and limited assets. They just move.. The Legislature has kind of set a trap for itself because it wont be in session when that expires, said Brian Augusta, legislative advocate for the California Rural Legal Assistance Foundation, who has been lobbying for stronger protections throughout the pandemic. The other tool the government created to prevent evictions during the pandemic was an expanded rental assistance program, which tenants in southeastern Massachusetts were far more likely to use than the federal eviction moratorium. General information: She said judges often use their judicial discretion to allow the parties time to access resources, and work toward a resolution. Please limit your input to 500 characters. We all do what we can to improvise fill in the gaps.. Bob Cline, Presiding Judge . The problem with relying on the courts is it requires people to go to court, Dueas said. The housing specialist is also familiar with local housing resources, and is a certified mediator. An eviction, also called summary process, is the process of getting a court order to remove a tenant and other occupants from a rental property. But, she stressed, the money is meant to also offset concerns from landlords who are worried about being able to pay their mortgages as tenants fail to make rent. Bedford police said animal control officers assisted Tarrant County constables Monday with an eviction. Unfortunately, some of my colleagues feel differently, and theres not enough consensus for that., Former State Assembly, District 17 (San Francisco). During the economic slowdown and joblessness caused by COVID-19, there was a statewide push to expand legal access to those facing eviction. Sign up for a weekly must-read to stay informed on critical issues. Protect and expand your vital nonprofitand nonpartisan state newsroom. The state government earmarked $12 million for expanding legal access in housing courts, but there were still glaring inequities between landlords and tenants, and the Southeast was no exception. Please let us know how we can improve this page. Three months later, Duarte received an eviction notice. Precinct 5 Pedro "Pete" Munoz. 978-374-4420. These forms may not display properly in your browser. The information may be hard to understand because it's dense, Duke said. It required eviction cases to be continued if the tenant had a pending applicaton for rental aid. The CDC moratorium was in place from September 4, 2020 through August 26, 2021. Use this form when the plaintiff and defendant choose to waive a jury trial previously claimed in a Housing Court case. For now, Duarte the mother evicted after the sewage problem in New Bedford has had to move from Massachusetts to Texas and back again. Andjudges in Bristol County have already issued at least567executions, legal orders allowing a landlord to evict a tenant, for non-payment of rent in that same time period more than in any other county in the state. Im in that gray area, she said. During the COVID-19 pandemic, there were state-wide moratoria on evictions from March 16, 2020 to May 18, 2020; June 8, 2020 to June 29, 2020; and August 10, 2020 to September 7, 2020. Some small-time landlords, faced with worries about paying their mortgage, are selling their buildings and trying to evict current tenants, DaSilva Hughes said. . Coming out of the moratorium, we know there will be confusion, and we know that there will be a lot of stress, Coogan said at a press conference alongside representatives from the Fall River Community Development Agency, Catholic Social Services, Coalition for Social Justice, South Coastal Counties Legal Services and the Fall River Housing Authority announcing the partnership. While the state has received applications for about $1.9 billion in rental aid, it has distributed only about $491 million. If she is evicted, the young woman will have 10 days to appeal the ruling. If you have any questions about what type of notice you must use, you should contact an attorney. Please remove any contact information or personal data from your feedback. Charlie Baker. An eviction is the process of obtaining a court order to remove a tenant and other occupants from a rental property. Fax: (814) 623-3858. When her court date arrived, Sousa appeared several hours late; she said she hadnt realized there was a separate Zoom hearing scheduled in the morning before her mediation session. They still have to submit a declaration saying they are unable to make full rent, and pay at least 25% of their monthly rent since Sept. 1, 2020, in installments or in bulk, by Sept. 30. If mediation fails, the case can proceed to trial. A .mass.gov website belongs to an official government organization in Massachusetts. Those over 60 don't need to meet income guidelines. NEW BEDFORD It's a Friday morning at the Southeast Housing Court in New Bedford. One of the major efforts was the expansion of the Lawyer for the Day program, which stations a lawyer in housing court each day to provide free, basic legal advice and representation to those otherwise unrepresented. Can she pay anything toward the back rent if given additional time? If Duarte had filled out a two-page form attesting she lost income because of the pandemic and was seeking rental assistance, her family could have invoked a new right to stall the eviction. (accessed TODAYs DATE). Newhall never invoked the federal moratorium on evictions. If you need assistance, please contact the Massachusetts Court System. We understand that landlords are just as nervous and have been impacted as much as tenants, she said. The couple's attorney briefly addresses the court, noting the young woman is a tenant at will and the "arrearage.". You have been subscribed to WBUR Today. But there are dozens of local, county and state organizations working to help. In Fall River, the city and its nonprofit partners are gearing up to help struggling renters pay months of backlogged rent. Photo by Will Sennott, Learn more about our community of individual donors. To date, Fall River has seen more authorizations for eviction than Boston, a city six times its size. Were seeing some folks really having challenging times being able to afford this rental market.. Copyright 2019 Bedford Municipal Court. That is NOT the Question! Submit events to Civic Life 2023 Illuminating our community with public service journalism. What we really need is affordable housing. If you cannot pay for court fees and costs, you may be able to have the state pay for them. New Bedford Light is an IRS-determined 501(c)(3) Public Charity; all gifts are tax-deductible. South Coastal Counties Legal Services Inc. provides free, civil legal aid to low-income residents, organization leaders say. Today's Traffic / Criminal Court Docket Schedule View Today's Court case . Landlords in owner-occupied two- or three-family homes can call the Volunteer Lawyers Project at 617-603-1700. In a practiced movement that's obviously been repeated many times, a court officer unobtrusively places a box of Kleenex within her reach. Eviction Form Notice of Small Claims (form) Small Claims Manual. In Fall River, 232 executions have been issued, the highest number of any city in the state. Reach the New Bedford office, 238 Bonney St., at 508-674-4681. Still, thats about a 500% increase since the current moratorium passed at the end of June, according to Russ Heimerich, spokesperson for the states Business, Consumer Services and Housing Agency. People making less than 80% of their area median income who were financially affected by COVID-19 can still apply for the full amount of missed rent and stave off eviction. An official website of the Commonwealth of Massachusetts, This page, Southeast Housing Court - New Bedford Session, is, Clerks Office & Housing Specialist Department, Public access to Southeast Housing Court - New Bedford Session events, Search court dockets, calendars, and case information, Sign up for civil court date text reminders (PDF), to Southeast Housing Court - New Bedford Session in Google Maps, of Southeast Housing Court - New Bedford Session, for Southeast Housing Court - New Bedford Session, at Southeast Housing Court - New Bedford Session. More by Manuela Tobias. Massachusetts enacted a statewide ban on evictions for non-payment of rent earlier in the pandemic, but that expired in October of 2020. During the COVID-19 pandemic, therewere state-wide moratoria The two permanent judges for the Southeast Housing Court, Donna Salvidio and Joseph Michaud, were appointed three years ago by Gov. 165 Center Road The form, which must be purchased from the clerk's office of the court where you want to file, is for use in Housing, District, and Boston Municipal Courts. Nobody sees me as an emergency, she said. If you are unsure about your rights, or the procedures to follow, you should contact an attorney. Court leadership offered few explanations for what is driving the Southeast courts exceptional rate of authorizing evictions. A young woman is called before the court for her eviction trial, or "summary process." She has her baby. No Single Cause For High Rate Of Evictions. After a hearing before a Judge or Magistrate, if successful, the landlord will be granted a "writ of restitution". We are going to see the homeless situation get really out of hand, said DaSilva Hughes, of the IAC. It scares me that this is happening.. Tenants who are more than six months behind on rent may qualify for federal or state grant money. To Evict or Not to Evict? Using state funds, SCCLS extended efforts to provide free legal services, especially for those with evictions or overdue mortgage payments related to the pandemic, through the end of 2021, according to Executive Director Susan Nagl. She couldnt risk losing something increasingly rare in Massachusetts: an affordable apartment, large enough for herself, her boyfriend and two children. Fax: (440) 232-2510, Monday - Friday (Except Holidays) Wave of evictions expected in New Bedford, Battle brewing over future of New Bedford neighborhoods, New Bedford renters struggle to find affordable apartments. In New Bedford, 204 executions have been issued since October, according to Mass. If you would like to continue helping us improve Mass.gov, join our user panel to test new features for the site. When the pandemic started is when things became very complicated, he said, speaking through a translator. The deal includes fixes to speed rent relief payments. Not all landlords may be complying, said Annette Duke, an attorney at the Massachusetts Law Reform Institute. Audrey Cooneycan be reached atacooney@heraldnews.com. Copy and paste this code into your website. The federal moratorium on evictions expires at the end of June. Only 67 percent of landlords are represented by an attorney in Southeast Housing Court. Eligible tenants can get up to 15 months of rental assistance under the federal ERAP program. Once approved by the judge, this agreement becomes a court order and both parties are legally required to follow it. Phone: 901-222-3665 Office Hours: California has one of the nations longest-running eviction bans, but an exclusive CalMatters analysis finds that local decisions carved a divide for tenants. Please limit your input to 500 characters. For questions about donations, contact Chrystal Walsh, director of advancement, at cwalsh@newbedfordlight.org. Petition for Review of Mandatory Outpatient Treatment. Top-requested sites to log in to services provided by the state. Sign up for Inequality Issues, a weekly must-read on inequality in California. Housing advocates statewide have declared it an urgent issue. This site is protected by reCAPTCHA and the Google, Its Boston local news in one concise, fun and informative email. Proceeding Supplemental Form . What If I Received An Eviction Notice for Non-Payment of Rent, But I Paid In Full Before the Court Date? Tips: TIPS@newbedfordlight.org, Reach us on Twitter In New Bedford, landlords have filed 415 individual evictions against renters since October of 2020, when the state moratorium on evictions expired, according to the Massachusetts Trial Court database. Southeast Housing Court at 139 Hathaway Road has a district that includes New Bedford, Acushnet, Dartmouth, Fairhaven, Freetown, and Westport, and the court is open Mondays, Thursdays, and Fridays. 200 South Juliana Street. Use this form to transfer your case to the Housing Court under G.L. Nearly 70% of landlords who appeared in court in Fall River and New Bedford during the pandemic did so with the aid of a lawyer, according to data from the courts public dashboard. The District Court Department hears a wide range of criminal, civil, housing, juvenile, mental health, and other types of cases. They still have to submit a declaration saying they are unable to make full rent, and pay at least 25% of their monthly rent since Sept. 1, 2020, in installments or in bulk, by Sept. 30. Please download the form(s) you need and open in Acrobat Reader. Butthe citys plan is not a catchall for everyone struggling to make rent. . A young woman is called before the court for her eviction trial, or "summary process."
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