Product Description

Recent updates:

• Update: December 2024

  Dear Subscriber:

  Thank you for updating your reference library with the 2024 edition of Residential and Commercial Landlord-Tenant Practice in Massachusetts . This edition brings the latest in landlord-tenant law and procedure within your immediate reach—for fast answers to the questions that arise most frequently in your practice.

  There have been numerous important developments in the two years since this publication was last updated. Highlights from the 2024 edition include

  • enactment of the Affordable Homes Act, which included, among other provisions, mandatory language for tenant rental applications and pro-tections for sealed eviction records;

  • extensive procedural changes set forth in Housing Court Standing Or-der No. 1-23, effective June 5, 2023:g
    • use of eSummons to obtain a summons and complaint for a sum-mary process action in Housing Court;
    • establishment of a two-tier process for Housing Court proceedings, with an initial date for mediation and negotiation and a subsequent trial date; and
    • specification of the kinds of events that would normally be con-ducted through in-person and remote hearings;

  • an overview of notices to quit;

  • a 2023 Appeals Court case permitting the use of email to invoke a non-renewal provision in a commercial lease despite contrary provisions in the lease document;

  • recent case law on liquidated damages; and

  • updated discussions of postforeclosure eviction and related issues such as use and occupancy payments, appeal bonds, bankruptcy, and pre-foreclosure face-to-face meetings.

  With this latest edition, Residential and Commercial Landlord-Tenant Practice in Massachusetts remains an essential companion for any lawyer handling a landlord-tenant mat-ter in Massachusetts. We at MCLE thank you for your ongoing support of this product, as we continue our efforts to bring you the latest solutions to the issues you face in your practice.

  Cordially,

  MCLE Press

Table of Contents

Chapter 1 expand

Employment Discrimination

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Thomas P. Murphy, Esq., Disability Law Center, Inc.

Chapter 2 expand

Housing Rights

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Richard M. Glassman, Esq.,
Deena Zakim, Esq., Harvard Legal Services Center Housing Clinic

Exhibit 2A

- Reasonable Accommodation Buy Form

Exhibit 2B

- Standard-Setting Agencies Buy Form

Exhibit 2C

- Complaint Resolution Process Buy Form

Exhibit 2D

- The HUD Administrative Complaint Process (for the Federal Fair Housing Act) Buy Form

Exhibit 2E

- Chapter 151B Enforcement Buy Form

Chapter 3 expand

Enforcing Fair Housing Rights to Live in the Community of Choice

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Matthew Steele, Esq., Disability Law Center, Inc.

Exhibit 3A

- Legal Tools to Remove Fair Housing Barriers Buy Form

Chapter 4 expand

Special Education

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Jodi M. Guinn, Esq.,

Exhibit 4A

- Special Education Eligibility Flow Chart Buy Form

Exhibit 4B

- Sample IEP Buy Form

Exhibit 4C

- Transition Planning Form Buy Form

Exhibit 4D

- Placement Consent Forms Buy Form

Exhibit 4E

- IEP Transition Guidance Buy Form

Exhibit 4F

- Indicator 13 Buy Form

Exhibit 4G

- Sample MDR Form Buy Form

Exhibit 4H

- Evaluation Consent Form Buy Form

Chapter 5 expand

Vocational Rehabilitation Services and Other Work-Related Issues

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Exhibit 5A

- Questions and Answers from Rehabilitation Services Administration Re: COVID-19 Buy Form

Exhibit 5B

- WHD Fact Sheet #39H: The Workforce Innovation and Opportunity Act and Limitations on Payment of Subminimum Wages Under Section 14(c) of the Fair Labor Standards Act Buy Form

Exhibit 5C

- Questions and Answers: Section 511 of the Rehabilitation Act—Limitations on Use of Subminimum Wage Buy Form

Chapter 6 expand

Health-Care Access: MassHealth, Medicare, and Mental Health Parity

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Andrew L. Bardetti, Esq., South Coastal Counties Legal Services/Hyannis
Linda L. Landry, Esq., Disability Law Center, Inc.
Nancy J. Lorenz, Esq., Greater Boston Legal Services
Donna M. McCormick, Esq.,

Exhibit 6A

- Information on CommonHealth Deductible Buy Form

Exhibit 6B

- 2021 Original Medicare Costs Buy Form

Exhibit 6C

- 2021 Medicare Part B Income-Related Premiums and Part D Income-Related Premium Adjustments Buy Form

Exhibit 6D

- Medicare Part D Cost Sharing for 2021 Buy Form

Exhibit 6E

- Medicare Appeals Process Comparison Chart Buy Form

Exhibit 6F

- The 2021 QMB, SLMB, and QI Programs Buy Form

Chapter 7 expand

Ensuring Equal Access to Public Services, Programs, and Activities

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Richard M. Glassman, Esq.,

Exhibit 7A

- Summary of Laws Prohibiting Discrimination Buy Form

Chapter 8 expand

Ensuring Equal Access to Public Accommodations

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Thomas P. Murphy, Esq., Disability Law Center, Inc.
Svetlana Uimenkova, Esq., Disability Law Center, Inc.

Exhibit 8A

- Summary of Laws Prohibiting Discrimination Buy Form

Chapter 9 expand

Access to Transportation

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Michael J. Muehe, Cambridge Commissions for Persons with Disabilities

Chapter 10 expand

Involuntary Civil Commitment

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Chapter 11 expand

Rights in Inpatient Mental Health Settings

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Jennifer Honig, Esq., Mental Health Legal Advisors Committee

Chapter 12 expand

Mental Health Services in the Community

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Ginger Gates, Esq.,

Chapter 13 expand

Advocacy for Community Services for Individuals with Developmental Disabilities

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Chloe Cable, Esq.,
Jacqueline Marie Hubbard, Esq.,
Hillary J. Stanisz, Esq., Disability Law Center, Inc.

Chapter 14 expand

Adult Guardianship, Conservatorship, Substituted Judgment, and Alternatives

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Robert D. Fleischner, Esq.,

Chapter 15 expand

Obtaining Attorney Fee Awards

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Tatum A. Pritchard, Esq., Disability Law Center, Inc.

Exhibit 15A

- Outline of Affidavit of Attorney Seeking Attorney Fee Buy Form

Exhibit 15B

- Outline of Affidavit of Attorney Supporting Reasonableness of Fee Claim Buy Form

Exhibit 15C

- Motion for Award of Attorney Fees, Litigation Expenses, and Costs Buy Form

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