Massachusetts Municipal Law

Comprehensive and up-to-date guidance and practical advice for the constantly changing area of landlord-tenant law.

Product Number: 2242449WFM
Publication Date: 4/25/2024
Edition: 3rd Edition 2024
Copyright: © 2024 MCLE, Inc.
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Massachusetts Municipal Law

Comprehensive and up-to-date guidance and practical advice for the constantly changing area of landlord-tenant law.

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Pattern Jury Instructions in Landlord-Tenant Cases Appendix C from Massachusetts Municipal Law $15.00; Members $13.50; New Lawyers $7.50 Free for OnlinePass subscribers.

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All chapters and exhibits from Massachusetts Municipal Law may be purchased individually. Expand the Table of Contents below to see all options.

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Product Description
Product Description

Landlord and tenant law in Massachusetts comprises a myriad of statutes, regulations, and common law provisions. This book guides you through each stage of the landlord-tenant relationship, from the creation of a tenancy to its termination and posttermination issues, providing sample documents and pleadings for guidance. Featured are judicial and ethics commentary as well as tips for effective practice. The manual is full of the information you need to understand the complexities of real estate lease agreements and to represent both lessors and lessees in residential and commercial relationships.

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

Table of Contents
expand all

Chapter 01 expand

Municipal Home Rule in Massachusetts
Buy Chapter
Marilyn Contreas,
Robert W. Ritchie, Esq., Formerly Massachusetts Assistant Attorney General

Chapter 02 expand

Forms of Municipal Government and Methods of Governance
Buy Chapter
Marilyn Contreas,
Robert W. Ritchie, Esq., Formerly Massachusetts Assistant Attorney General

Chapter 03 expand

The Municipal Attorney—A Community’s Chief Legal Officer
Buy Chapter
James B. Lampke, Esq., Lampke & Lampke

Exhibit 3A
- Examples of Local Ordinances and Bylaws Pertaining to a Municipal Law Department Buy Form

Exhibit 3B
- SJC Rule 3:03—Legal Assistance to the Commonwealth and to Indigent Criminal Defendants, and to Indigent Parties in Civil Proceedings Buy Form

Exhibit 3C
- Selected Advisories and Opinions from the State Ethics Commission Buy Form

Exhibit 3D
- Conflict of Interest Law Opinion Regarding Shared or Joint Representation Buy Form

Exhibit 3E
- Representative List of Recent Seminars Offered by the Massachusetts Municipal Lawyers Association (MMLA) Buy Form

Exhibit 3F
- Partial List of Cases in Which MMLA Filed Amicus Briefs Buy Form

Chapter 04 expand

Unique Representation Issues in the Municipal Context
Buy Chapter
Arthur J. Goldberg, Esq.,

Chapter 05 expand

The Relationship Between the Federal Government and Local Government
Buy Chapter
Paul Myer Kominers, Esq., Anderson Kreiger LLP
Mina Makarious, Esq., Anderson Kreiger LLP

Chapter 06 expand

Municipal Finance and Tax
Buy Chapter
Kathleen Colleary, Esq., Retired, Division of Local Services, MA Department of Revenue

Chapter 07 expand

Civil Rights Claims Against Municipalities
Buy Chapter
Thomas R. Donohue, Esq., Brody, Hardoon, Perkins & Kesten LLP
Leonard H. Kesten, Esq., Brody, Hardoon, Perkins & Kesten LLP
Francesca M. Papia, Esq., Brody, Hardoon, Perkins & Kesten LLP

Chapter 08 expand

School Law
Buy Chapter
Joanne Agnoli, Robinson Donovan, PC
Nancy J. Campany, Esq., Murphy, Lamere & Murphy, PC
Michelle Allaire McNulty, Esq., Murphy, Lamere & Murphy, PC

Chapter 09 expand

Public Employee Collective Bargaining
Buy Chapter
John M. Collins, Esq.,

Exhibit 9A
- Mandatory Subjects of Bargaining Buy Form

Exhibit 9B
- Examples of Nonmandatory Subjects of Bargaining Buy Form

Exhibit 9C
- Decisions Addressing Repudiation of Contract Buy Form

Exhibit 9D
- Decisions Addressing Unilateral Change Buy Form

Exhibit 9E
- Examples of Disputes Involving Impact Bargaining Buy Form

Chapter 10 expand

Chapter 30B, the Uniform Procurement Act: The Basics
Buy Chapter
Joseph M. Cook, Esq., City of Northampton, Law Department

Chapter 11 expand

Secrets to a Successful Public Construction Project
Buy Chapter
Jane E. Estey, Esq., Horsley Witten Group, Inc.
Christopher J. Petrini, Esq., Petrini & Associates, PC

Chapter 12 expand

Municipal Real Estate Transactions
Buy Chapter
Ethan Blair Dively, Esq., Miyares and Harrington LLP
Christopher H. Heep, Esq., Miyares and Harrington LLP
Jennie M. Merrill, Esq., Miyares and Harrington LLP
Jonathan E. Simpson, Esq., Brookline, Town of/Town Counsel

Chapter 13 expand

Environmental Issues
Buy Chapter
Gregor I. McGregor, Esq., McGregor Legere & Stevens, PC

Chapter 14 expand

Alcohol and Entertainment Licensing at the Local Level
Buy Chapter
Ira H. Zaleznik, Esq., Lawson & Weitzen LLP

Exhibit 14A
- Notice to All Retail Licensees (Sept. 28, 2004) Buy Form

Chapter 15 expand

Gifts and Other Charitable Dispositions to the Municipal Corporation
Buy Chapter
Joseph C. Cove, Esq.,

Chapter 16 expand

Insurance Coverage for Municipalities
Buy Chapter
Deborah I. Ecker, Esq., KP Law, PC
Lauren F. Goldberg, Esq., KP Law, PC

Chapter 17 expand

Municipal Regulation of Telecommunications in the Public Way
Buy Chapter
William August, Esq., Epstein & August LLP
William H. Solomon, Esq., Attorney Solomon Associates

Chapter 18 expand

Public Records
Buy Chapter
Manza B. Arthur, Esq.,

Chapter 19 expand

Municipal Election Administration and Campaign Finance
Buy Chapter
Lauren F. Goldberg, Esq., KP Law, PC
Brian W. Riley, Esq., KP Law, PC
Michelle K. Tassinari, Esq., Office of the Secretary of the Commonwealth, Elections Division

Exhibit 19A
- Candidate’s Statement for Preliminary Nomination Papers in Accordance with G.L. c. 43, § 44C Buy Form

Exhibit 19B
- Petition Accompanying the Statement of Candidate in Accordance with G.L. c. 43, § 44C Buy Form

Exhibit 19C
- G.L. c. 41, § 109: Resignation; Notice; Residence Requirements Buy Form

Exhibit 19D
- Chapter 41, § 1B: Appointed Town Offices and Boards; Acceptance by Voters Buy Form

Exhibit 19E
- Chapter 225 of the Acts of 2000 Buy Form

Exhibit 19F
- Chapter 126 of the Acts of 1998 Buy Form

Exhibit 19G
- Chapter 5 of the Acts of 1999 Buy Form

Exhibit 19H
- Chapter 32 of the Acts of 1999 Buy Form

Exhibit 19I
- Examples of Appointed Official Attendance Bylaws Buy Form

Exhibit 19J
- Code of the Town of Chelmsford § 2–5 Buy Form

Exhibit 19K
- Charter of the Town of Swampscott § 2–5A Buy Form

Exhibit 19L
- G.L. c. 59, § 21C(m); Limitations on Total Taxes Assessed; Determination by Voters Buy Form

Exhibit 19M
- G.L. c. 43A, § 10 and Sample Referenda Procedures Buy Form

Exhibit 19N
- Town of Southbridge Home Rule Charter § 11 Buy Form

Exhibit 19O
- Town of Douglas General Bylaws Article I, Section 3 Buy Form

Exhibit 19P
- Chapter 89 of the Acts of 1998 Buy Form

Chapter 20 expand

Streets and Ways
Buy Chapter
Stephen Bartlett, Esq., Foley Hoag LLP
Jeffrey B. Mullan, Esq., Foley Hoag LLP

Chapter 21 expand

Municipal Civil Service Law
Buy Chapter
Michele M. Heffernan, Esq., Human Resources Division, Commonwealth of Massachusetts
Melinda T. Willis, Esq., Commonwealth of Ma, Deputy General Counsel, Human Resources Division

Chapter 22 expand

Bankruptcy: Municipality as a Creditor
Buy Chapter
John D. Finnegan, Esq., Hill Law
Robert J. Kerwin, Esq., Attorney At Law

Exhibit 22A
- Common Issues Litigated with Municipalities in the Bankruptcy Court Buy Form

Chapter 23 expand

The Conflict of Interest Law and Municipal Attorneys
Buy Chapter
Eve Slattery,

Chapter 24 expand

Municipal Code Enforcement
Buy Chapter
Andrew N. Bettinelli, Esq., Harrington Heep LLP
Donna M. Brewer, Esq., Harrington Heep LLP

Exhibit 24A
- Application in Support of an Application for an Administrative Warrant Buy Form

Chapter 25 expand

The Open Meeting Law
Buy Chapter
Thomas A. Mullen, Esq., Thomas A. Mullen, PC

Chapter 26 expand

Defending Against Challenges to State Statutes and Regulations
Buy Chapter
Eric Haskell, Esq., Middlesex Superior Court, Commonwealth of Massachusetts
Robert L. Quinan, Jr., Esq., Civil Service Commission, Commonwealth of Massachusetts

Exhibit 26A
- Tips on Drafting Bylaws and Ordinances Buy Form

Exhibit 26B
- Questions to Ponder Before Challenging a Regulation Buy Form

Chapter 27 expand

Emerging Standards for Compliance with Chapters 93H and 93I
Buy Chapter
Linda M. Hamel, Esq., Massachusetts Health Connector

Chapter 28 expand

Land Use Regulations
Buy Chapter
Jonathan Murray,
Barbara J. Saint Andre, Esq., Community and Economic Development Department, Town of Medway
Jonathan D. Witten, Esq., Law Office of Jonathan Witten, LLC

Chapter 29 expand

Land Use Considerations for Cannabis Business Development
Buy Chapter
Valerio G. Romano, Esq., VGR Law Firm LLC

Checklist 29.1
- Steps for Identifying Potential Zoning Issues Relative to Cannabis Business Zoning Buy Form

Checklist 29.2
- Steps for Adopting or Amending Unfavorable Zoning Ordinances or Bylaws Relative to Cannabis Business Zoning Buy Form

Exhibit 29A
- G.L. c. 40A, § 5: Adoption or Change of Zoning Ordinances or By-laws; Procedure Buy Form

Chapter 30 expand

Eminent Domain Law in Massachusetts—Municipal Issues
Buy Chapter
Mark S. Bourbeau, Esq., Drohan, Tocchio & Morgan, PC
Jeffery A. Tocchio, Esq., Drohan, Tocchio & Morgan, PC

Chapter 31 expand

Massachusetts False Claims Act
Buy Chapter
Cassandra H. Arriaza, Esq.,

Chapter 32 expand

Unfunded Mandates and the Local Law
Buy Chapter
Sophia A. Apostola, Esq., Massachusetts Department of Public Health/General Counsel's Office

Chapter 33 expand

Professional Ethics
Buy Chapter
Christine P. Deshler, Esq., Office of Bar Counsel, Massachusetts Board of Bar Overseers

Chapter 34 expand

What Access Do Employers Have to CORI?
Buy Chapter
Agapi Koulouris, Esq., Dept. of Criminal Justice Information Services, Commonwealth of Massachusetts

Exhibit 34A
- Summary of CORI Access Buy Form

Exhibit 34B
- Individual Registration Guide Buy Form

Exhibit 34C
- Organization Registration Guide Buy Form

Exhibit 34D
- Advocate/Attorney CORI Request and Affidavit of Indigency Buy Form

Exhibit 34E
- Attorney Request to Access CORI Buy Form

Exhibit 34F
- Model CORI Policy Buy Form

Exhibit 34G
- CORI Acknowledgment Form Buy Form

Exhibit 34H
- Complaint Form: Incorrect CORI Buy Form

Exhibit 34I
- Complaint Form: CORI Regulatory Violations Buy Form

Exhibit 34J
- Complaint Form: Improper Access or Dissemination of CORI Buy Form
Editors & Authors

Editor(s)

James B. Lampke, Esq., Lampke & Lampke, Hull

Author(s)

Sophia A. Apostola, Esq., Massachusetts Department of Public Health/General Counsel's Office, Boston

Cassandra H. Arriaza, Esq., North Grafton

Manza B. Arthur, Esq., Worcester

William August, Esq., Epstein & August LLP, Cambridge

Stephen Bartlett, Esq., Foley Hoag LLP, Boston

Andrew N. Bettinelli, Esq., Harrington Heep LLP, Wellesley

Mark S. Bourbeau, Esq., Drohan, Tocchio & Morgan, PC, Hingham

Donna M. Brewer, Esq., Harrington Heep LLP, Wellesley

Nancy J. Campany, Esq., Murphy, Lamere & Murphy, PC, Braintree

Kathleen Colleary, Esq., Retired, Division of Local Services, MA Department of Revenue, Watertown

John M. Collins, Esq., Collins & Associates, Aquinnah

Marilyn Contreas, Melrose

Joseph M. Cook, Esq., City of Northampton, Law Department, Northampton

Joseph C. Cove, Esq.,

Christine P. Deshler, Esq., Office of Bar Counsel, Massachusetts Board of Bar Overseers, Boston

Ethan Blair Dively, Esq., Miyares and Harrington LLP, Wellesley

Thomas R. Donohue, Esq., Brody, Hardoon, Perkins & Kesten LLP, Boston

Deborah I. Ecker, Esq., KP Law, PC, Boston

Jane E. Estey, Esq., Horsley Witten Group, Inc., Sandwich

John D. Finnegan, Esq., Hill Law, Boston

Arthur J. Goldberg, Esq.,

Lauren F. Goldberg, Esq., KP Law, PC, Boston

Linda M. Hamel, Esq., Massachusetts Health Connector, Boston

Eric Haskell, Esq., Middlesex Superior Court, Commonwealth of Massachusetts, Woburn

Christopher H. Heep, Esq., Miyares and Harrington LLP, Wellesley

Michele M. Heffernan, Esq., Human Resources Division, Commonwealth of Massachusetts, Boston

Robert J. Kerwin, Esq., Attorney At Law, Newton

Leonard H. Kesten, Esq., Brody, Hardoon, Perkins & Kesten LLP, Boston

Paul Myer Kominers, Esq., Anderson Kreiger LLP, Boston

Agapi Koulouris, Esq., Dept. of Criminal Justice Information Services, Commonwealth of Massachusetts, Chelsea

James B. Lampke, Esq., Lampke & Lampke, Hull

Henry C. Luthin, Esq., Brighton

Mina Makarious, Esq., Anderson Kreiger LLP, Boston

Gregor I. McGregor, Esq., McGregor Legere & Stevens, PC, Boston

Michelle Allaire McNulty, Esq., Murphy, Lamere & Murphy, PC, Braintree

Jennie M. Merrill, Esq., Miyares and Harrington LLP, Wellesley

Jeffrey B. Mullan, Esq., Foley Hoag LLP, Boston

Thomas A. Mullen, Esq., Thomas A. Mullen, PC, Lynnfield

Jonathan G. Murray, Esq., Land Court, Commonwealth of Massachusetts, Boston

Francesca M. Papia, Esq., Brody, Hardoon, Perkins & Kesten LLP, Boston

Christopher J. Petrini, Esq., Petrini & Associates, PC, Framingham

Robert L. Quinan, Jr., Esq., Civil Service Commission, Commonwealth of Massachusetts, Boston

Brian W. Riley, Esq., KP Law, PC, Boston

Robert W. Ritchie, Esq., Formerly Massachusetts Assistant Attorney General, South Hadley

Valerio G. Romano, Esq., VGR Law Firm LLC, Boston

Barbara J. Saint Andre, Esq., Community and Economic Development Department, Town of Medway, Medway

Jonathan E. Simpson, Esq., Brookline, Town of/Town Counsel, Brookline

Eve Slattery, Cambridge

William H. Solomon, Esq., Attorney Solomon Associates, Haverhill

Michelle K. Tassinari, Esq., Office of the Secretary of the Commonwealth, Elections Division, Boston

Paige L. Tobin, Esq., Murphy, Lamere & Murphy, PC, Braintree

Jeffery A. Tocchio, Esq., Drohan, Tocchio & Morgan, PC, Hingham

Melinda T. Willis, Esq., Commonwealth of Ma, Deputy General Counsel, Human Resources Division, Boston

Jonathan D. Witten, Esq., Law Office of Jonathan Witten, LLC, Duxbury

Ira H. Zaleznik, Esq., Lawson & Weitzen LLP, Boston

TOP

Massachusetts Municipal Law

Comprehensive and up-to-date guidance and practical advice for the constantly changing area of landlord-tenant law.

Massachusetts Municipal Law

Comprehensive and up-to-date guidance and practical advice for the constantly changing area of landlord-tenant law.

Your Selection:

Product Description

Recent updates:

Table of Contents

Municipal Home Rule in Massachusetts

Forms of Municipal Government and Methods of Governance

The Municipal Attorney—A Community’s Chief Legal Officer

Exhibit 3A

Exhibit 3B

Exhibit 3C

Exhibit 3D

Exhibit 3E

Exhibit 3F

Unique Representation Issues in the Municipal Context

The Relationship Between the Federal Government and Local Government

Municipal Finance and Tax

Civil Rights Claims Against Municipalities

School Law

Public Employee Collective Bargaining

Exhibit 9A

Exhibit 9B

Exhibit 9C

Exhibit 9D

Exhibit 9E

Chapter 30B, the Uniform Procurement Act: The Basics

Secrets to a Successful Public Construction Project

Municipal Real Estate Transactions

Environmental Issues

Alcohol and Entertainment Licensing at the Local Level

Exhibit 14A

Gifts and Other Charitable Dispositions to the Municipal Corporation

Insurance Coverage for Municipalities

Municipal Regulation of Telecommunications in the Public Way

Public Records

Municipal Election Administration and Campaign Finance

Exhibit 19A

Exhibit 19B

Exhibit 19C

Exhibit 19D

Exhibit 19E

Exhibit 19F

Exhibit 19G

Exhibit 19H

Exhibit 19I

Exhibit 19J

Exhibit 19K

Exhibit 19L

Exhibit 19M

Exhibit 19N

Exhibit 19O

Exhibit 19P

Streets and Ways

Municipal Civil Service Law

Bankruptcy: Municipality as a Creditor

Exhibit 22A

The Conflict of Interest Law and Municipal Attorneys

Municipal Code Enforcement

Exhibit 24A

The Open Meeting Law

Defending Against Challenges to State Statutes and Regulations

Exhibit 26A

Exhibit 26B

Emerging Standards for Compliance with Chapters 93H and 93I

Land Use Regulations

Land Use Considerations for Cannabis Business Development

Checklist 29.1

Checklist 29.2

Exhibit 29A

Eminent Domain Law in Massachusetts—Municipal Issues

Massachusetts False Claims Act

Unfunded Mandates and the Local Law

Professional Ethics

What Access Do Employers Have to CORI?

Exhibit 34A

Exhibit 34B

Exhibit 34C