Massachusetts · statute · Mass. Gen. Laws ch. 185C · 26 active provisions
Section 1. The housing court department established pursuant to section 1 of chapter 211B shall include: (i) a western division consisting of the municipalities in Berkshire, Franklin, Hampden and Hampshire counties; (ii) a central division consisting of the municipalities in Worcester county and the municipalities of…
Section 2. The divisions of the housing court department shall have superior and general jurisdiction with reference to all cases and matters within their jurisdiction; and no order, decree, judgment, sentence, warrant, writ or process made, issued or pronounced by them need set out any adjudication or circumstances wi…
Section 3. The divisions of the housing court department shall have common law and statutory jurisdiction concurrent with the divisions of the district court department and the superior court department of all crimes and of all civil actions arising in the city of Boston in the case of that division, in the counties of…
Section 4. The western division of the housing court department shall hold its sittings in the city of Springfield in Hampden county and at least 1 sitting each week in courthouse facilities in Berkshire, Franklin and Hampshire counties. The court, with the consent of the chief justice of the trial court, shall also si…
Section 5. The divisions of the housing court department shall always be open and the business thereof, or of a justice thereof, may be transacted at any time; but such business shall not, except as provided in section six of chapter two hundred and twenty, be transacted on Saturday or Sunday or on a legal holiday unle…
Section 6. Each division of the housing court department shall have a seal which will be in the custody of its clerk, and shall be affixed or electronically imprinted to all processes issued by a division of the housing court department requiring a seal.
Section 7. The chief justice of the housing court department shall from time to time make general rules and forms of procedure, which, before taking effect, shall be approved by the supreme judicial court or a justice thereof.
Section 8. There shall be 2 justices appointed for the western division, 2 justices appointed for the eastern division, 2 justices appointed for the central division, 2 justices appointed for the northeastern division, 2 justices appointed for the southeastern division, 2 justices appointed for the metro south division…
Section 8A. The justice as provided under section 1 of chapter 211B as the chief justice for the housing court department, in addition to his judicial powers and duties shall, subject to the superintendence authority of the supreme judicial court as provided in section 3 of chapter 211, have the power, authority and re…
Section 8B. The deputy court administrator for the housing court department as provided under section 1 of chapter 211B shall, subject to the superintendence authority of the supreme judicial court provided in section 3 of chapter 211, have the power, authority, and responsibility of a deputy court administrator as set…
Section 9. There shall be a clerk, appointed by the governor with the advice and consent of the council, for each of the housing courts. Said clerks shall hold office during good behavior, subject however, to retirement under the provisions of any general or special law relative to retirement systems. The clerk appoint…
Section 9A. The salaries of the clerks of the housing court department appointed under the provisions of section nine shall be 81.57 per cent of the salary of the chief justice of said department and shall be paid, subject to appropriation, by the commonwealth. The salaries of the first assistant clerks in said departm…
Section 10. In case of the illness or absence of a clerk, the chief justice of the housing court department may appoint a temporary clerk to act until the clerk resumes his duties.
Section 11. The clerk of a division of the housing court department may appoint 1 or more assistant clerks, who shall be removable at his pleasure. The clerk shall be responsible for all official acts of the assistant clerks and all powers conferred by statute upon the clerk, unless otherwise stated, and in any event s…
Section 12. The clerk, any temporary clerk and all assistant clerks shall be sworn; and in the case of any temporary clerk and of every assistant clerk, the oath of office shall be administered by the chief justice of the housing court department who shall, upon administering the same, forthwith make return of such act…
Section 13. The clerk, any temporary clerk and every assistant clerk, before entering upon performance of his official duties, and thereafter, at intervals of not more than one year, so long as he continues to hold such office shall give to the commonwealth a bond, conditioned to perform faithfully his official duties,…
Section 14. The clerk, temporary clerk and assistant clerks or one of them for each division shall attend all sessions of the housing court department and shall keep a record of all its proceedings. The clerk of each division shall have the care and custody of all the records, books and papers, whether in physical or e…
Section 15. The first justice of a division may appoint such number of court officers for his division as the administrative justice of the housing court department may from time to time determine. Any such court officer may be removed for any cause considered by the first justice of the division to be sufficient. Any…
Section 16. The first justice of a particular housing court may appoint, subject to appropriation and subject to the approval of the chief justice of the housing court department, such number of housing specialists as he may from time to time determine. Said first justice may designate one of them as chief housing spec…
Section 17. No clerk, temporary clerk, assistant clerk or housing specialist shall be retained or employed as an attorney in any complaint, action or suit in any court of the commonwealth.
Section 18. At the trial of any issue of fact, the justice presiding at the trial shall provide for a proper recording system which shall record the proceedings. The cost of said recording system shall be paid by the commonwealth upon the certificate of the court administrator. Each clerk of the housing court departmen…
Section 19. Proceedings shall be commenced in the housing court department as follows: a criminal case by complaint in like manner as in the district court department, a civil action in accordance with the Massachusetts Rules of Civil Procedure; provided, however, that a summary process action and a small claims action…
Section 20. Any civil action within the jurisdiction of the housing court department which is pending in another court department may be transferred to the housing court department by any party thereto. Whenever cross actions between the same parties or two or more actions, including for the purposes hereof other depar…
Section 21. All cases in the housing court department, including motions and the like, whether interlocutory or final, shall be heard and determined by a justice of a division of the housing court department sitting without jury, except that in all cases where a jury trial is required by the constitution of the commonw…
Section 22. Every judgment or order entered by a division of the housing court department shall bear as its date the day when actually entered by the clerk, and at the time of the entry he shall note such date upon the judgment or order and upon the docket, including the electronic docket.