Housing Court frequently asked questions in reference to COVID-19

Housing Court FAQs

1. Is the Housing Court open for business?

A: Yes. All Housing Court divisions are open to conduct regular court business.   

Questions or concerns about a particular case or court session should be directed to the Clerk’s office of the appropriate ‘Housing Court division’, or court users may seek assistance from the division’s ‘Virtual Front Counter’. In addition, Court Service Centers may provide helpful resources, answer basic questions, help with court forms, give information about court rules, procedures, and practices, and connect people with community resources. All Court Service Centers are free to court users, but there may be other fees associated with a case, such as filing fees.

2. Have all locations of the Housing Court re-opened?

A: Not necessarily, but they will over time. Each Housing Court division will conduct in-person court operations at the permanent location(s) of that division (e.g., Springfield, Worcester, Boston, Brockton, Salem, Lawrence, Fall River, and New Bedford) and in satellite locations in which there is permanent, dedicated Housing Court space. Questions or concerns about a particular case or court session should be directed to the clerk’s office of the appropriate ‘Housing Court division’, or court users may seek assistance from the division’s ‘Virtual Front Counter’. If a virtual counter is unavailable, you can find other contact information here.

3. Which court events will be held in person?

A: Unless the court finds exceptional circumstances or as a reasonable accommodation, most court events will proceed in person, including first-tier court events (mediations); all trials in summary process (eviction), civil, and small claims case types; proceedings where an assessment of credibility is necessary; motions requiring an evidentiary hearing; and contempt proceedings. Other court events not listed above may be held virtually. See Housing Court Standing Order 1-23.  

Questions or concerns about a particular case or court session should be directed to the clerk’s office of the appropriate Housing Court division, or court users may seek assistance from the division’s Virtual Front Counter. If a virtual counter is unavailable, you can find other contact information here.

4. What is the Court Service Center?

A: Court Service Centers may provide helpful resources, answer basic questions, help with court forms, give information about court rules, procedures, and practices, and connect people with community resources. All Court Service Centers are free to court users, but there may be other fees associated with a case, such as filing fees.

5. Can I bring my cell phone or other personal electronic device into a courthouse?

A: Yes. Court users may continue to carry their cell phones and other personal electronic devices into a courthouse, in compliance with Trial Court Administrative Order 21-1 (Order Concerning Trial Court Policy on Possession & Use of Cell Phones & Personal Electronic Devices). See Supreme Judicial Court's Seventh Updated Order Regarding Court Operations.

6. How may I file something in Housing Court?

A: You may submit documents to the court by first-class mail or, in certain cases, by eFiling. Currently, eFiling in the Housing Court is available in the Civil, Small Claims, and Summary Process case types. eFiling is mandatory for attorneys in Small Claims and Summary Process case types, but self represented litigants are encouraged to utilize the eFiling system to file their documents. For more information regarding eFiling, please see eFiling in the Housing Court..

The Housing Court now also offers eSummons, an electronic (or digital) version of the Summary Process Summons and Complaint. Users may electronically purchase, download, and print an eSummons from the Housing Court.

You may find the contact information for each Housing Court division online. Each division of the Housing Court has also made available a Virtual Counter, which may provide helpful information. If a virtual counter is unavailable, you can find other contact information here.

7. How is the Housing Court handling new and existing cases?

A: Court users should review ‘Interim Housing Court Standing Order 1-23’, which in large part outlines the modified procedures in summary process (eviction) cases in the Housing Court. Under the Interim Standing Order, all summary process cases will be scheduled generally based on the order in which they were filed. Cases will continue to be processed in accordance with a modified two-tier system. Within seven (7) days of filing, the respective Clerk’s Office will schedule a first-tier court event between 30-60 days after entry of the case. The Court will then send the plaintiff or their attorney a written notice of court event, informing the parties of the scheduled date, time, and method of the court event. Such notice will also include a generic civil informational sheet, service instructions for the plaintiff, and a sample return of service. 

Under the Interim Standing Order, plaintiffs must have the first-tier court event notice and generic civil informational sheet served on the defendant(s) in the same manner as the summons and complaint. The return of service for the first-tier court event notice should list all the defendant(s) served, how service was made, and where service was made. 

The notice of the first-tier court event packet will include a link to the Housing Court Resources webpage. That webpage has division-specific civil informational sheets that list resources that may be available to assist the parties in resolving their case, such as Lawyer for the Day Programs, Tenancy Preservation Program, and free interpreter services.

Under the Interim Standing Order, if a defendant-tenant does not appear for the first-tier court event, and the return of service of the first-tier court event notice was filed with the court, a default may enter against the defendant-tenant in certain cases. If a plaintiff-landlord does not appear to the first-tier court event, the case may be dismissed. 

Parties are encouraged to sign up for eReminder (formerly known as Interactive Text Response), which is a text message reminder of upcoming court events in a specific case. Parties to a pending case in the Housing Court may sign up for eReminder online.

8. What is the Tier-1 court event, and is it mandatory to participate in that court event?

A: The first-tier court event is a mandatory court event. First-tier court events will be held in person unless the court allows a reasonable accommodation or finds that exceptional circumstances warrant a virtual appearance. Under the Interim Standing Order, if a defendant-tenant does not appear for the first-tier court event, and the return of service of the first-tier court event notice was filed with the court, a default may enter against the defendant-tenant in certain cases. If a plaintiff-landlord does not appear to the first-tier court event, the case may be dismissed. 

The first-tier court event is an opportunity for tenants and landlords to mediate their disputes and explore available resources, such as rental assistance.

Parties are encouraged to sign up for eReminder (formerly known as Interactive Text Response), which is a text message reminder of upcoming court events in a specific case. Parties to a pending case in the Housing Court may sign up for eReminder online.

9. Once a summary process case is filed, what is the plaintiff required to serve under Standing Order 1-23?

A: Once a summary process case is filed, the court will send the plaintiff (or the lawyer) a packet that includes a Notice of First-Tier Court Event, a generic civil informational sheet, instructions for service, and a sample return of service for the notice. The plaintiff should be guided by the instructions for service and serve on the defendant(s) the Notice of First-Tier Court Event and the civil informational sheet. The constable or sheriff may use the sample return of service that was provided by the court or a substantially similar one. In any event, the return of service must specify the documents that have been served, who they have been served on, and where.

10. Do parties in summary process (eviction) cases need to file any additional documents because of any new laws arising from the COVID-19 pandemic?

A:  It depends. In summary process (eviction) cases for nonpayment of rent, plaintiffs (landlords) must provide the court with an affidavit (statement) swearing they followed the law under G.L. c. 186, s. 31. See ‘Affidavit of Compliance’ with G.L. c. 186, s. 31. Under G.L. c. 186, s. 31, landlords must give their residential tenant(s) an additional ‘informational form’ with any notice to quit for nonpayment of rent. That form is prepared by the Executive Office of Housing and Livable Communities. See G.L. c. 186, s. 31; see also Notice to Quit attestation form and submission information. 

For procedural questions or more information, contact the respective Housing Court division, or seek assistance by accessing the division’s Virtual Front Counter. If a virtual counter is unavailable, you can find other contact information here.

11. What happened to the eviction-related law in Massachusetts?

A: Certain tenant protections in summary process (eviction) cases for nonpayment of rent, including mandatory continuances (pauses) and stays of execution (delayed evictions) pending a rental assistance application, expired on March 31, 2023. That law was known generally as “Chapter 257” (as amended). However, additional notice requirements first adopted under Chapter 257 continue to be in effect. See G.L. c. 186, s. 31.

Under G.L. c. 186, s. 31, landlords must give their residential tenant(s) an additional ‘informational form’ with any notice to quit for nonpayment of rent. That form is prepared by the Executive Office of Housing and Livable Communities. See G.L. c. 186, s. 31; see also Notice to Quit attestation form and submission information. In summary process (eviction) cases for nonpayment of rent, plaintiffs (landlords) must also provide the court with an affidavit (statement) swearing they followed the law under G.L. c. 186, s. 31. See ‘Affidavit of Compliance’ with G.L. c. 186, s. 31.

For procedural questions or more information, contact the respective Housing Court division, or seek assistance by accessing the division’s Virtual Front Counter. If a virtual counter is unavailable, you can find other contact information here.

12. What is short-term emergency rental assistance and how can I apply?

A: Short-term emergency rental assistance includes programs like RAFT, Rental Assistance for Families in Transition. Learn more about potential assistance programs online. 

Starting July 1, 2023, the state-funded RAFT program will become available to eligible low-income homeowners who are at risk of foreclosure. Additional resources for homeowners are posted to the MASS HAF program website.

13. Can I sign necessary documents electronically?

A: Yes. The Massachusetts Supreme Judicial Court’s ‘order authorizing use of electronic signatures by attorneys and self-represented parties’, allows all required signatures may be accepted electronically. This measure allows attorneys and self-represented litigants to sign documents on which they would otherwise be required to provide a wet signature. The electronic signature may take the form of a scan, an electronically inserted image intended to substitute for a signature, or a "/s/ name of signatory" block.  

Find more information regarding temporary changes to service of process, signatures, depositions, oaths and affirmations during COVID-19 online.

14. How can I serve documents on interested parties?

A: Please see the Supreme Judicial Court's (SJC) order regarding electronic service. Pursuant to the SJC's Order, attorneys of record must provide an eMail address in a pending case, and service under Mass. R. Civ. P 5(b) may be accomplished through eMail. Self-represented parties may not be served via eMail without their written consent, which may be through eMail.

Find more information regarding temporary changes to service of process, signatures, depositions, oaths and affirmations during COVID-19 online.

15. Can I access my case online?

A: Yes. Where appropriate, docket entries will continue to be created and updated on the eAccess public portal, which is available on www.masscourts.org. However, due to limited staffing, these updates may not be immediately reflected. If you have any questions or concerns regarding your matter, please contact the respective Housing Court division or they can seek assistance from the Division’s Virtual Front Counter. The “Virtual Counter” may also be found on each Division’s location page.

16. How else may I contact the court?

A: For more information and contact resources, please see Housing Court Resources. Each division of the Housing Court has also made available a “Virtual Counter,” which may provide helpful information. If a virtual counter is unavailable, you can find other contact information here.

17. Where can I find more information if I am a tenant landlord, or homeowner?

A: Tenants and landlords are encouraged to review Resources for Renters and Landlords and Housing Court Resources which includes information and resource materials. Court Service Centers can also answer basic questions, help with court forms, give information about court rules, procedures, and practices, and connect people with community resources. All Court Service Centers are free to court users, but there may be other fees associated with a case, such as filing fees. See Court Service Centers for more information.

Starting July 1, 2023, the state-funded RAFT program will become available to eligible low-income homeowners who are at risk of foreclosure. Additional resources for homeowners are posted to the MASS HAF program website.

18. What if I have other procedural questions not addressed here?

A: Court staff cannot provide legal advice. For additional questions about court procedure, you may find the contact information for each Housing Court division online. Each division of the Housing Court has also made available a “Virtual Counter,” which may provide helpful information. If a virtual counter is unavailable, you can find other contact information here.

Court Service Centers can also answer basic questions, help with court forms, give information about court rules, procedures, and practices, and connect people with community resources. All Court Service Centers are free to court users, but there may be other fees associated with a case, such as filing fees. See Court Service Centers for more information.

Last updated:	May 11, 2023