SJC Punts On Challenge to Eviction Moratorium Act

by Rich Vetstein on June 25, 2020

Mass. Supreme Judicial Court Justices

SJC Sends Case Down to Suffolk Superior Court; Rental Property Owners Gear Up For Federal Court Fight

As many of you know, I am lead counsel in the legal challenge to overturn the COVID-19 Eviction Moratorium Act, which was filed with the Supreme Judicial Court at the end of May. The case is Matorin v. Chief Justice of the Housing Court, SJC-2020-0442. The Attorney General’s Office agreed with us that the SJC should take up the case. However, yesterday, Justice David Lowy ordered the case sent down to the Suffolk Superior Court for consideration of all the issues raised by the petition. Suffice to say, we are very disappointed that the SJC has declined to take up the constitutionality of the Eviction Moratorium, which is causing widespread financial and personal harm to rental housing providers across the state. Perhaps the Act is simply too much of a political “hot potato” for the SJC to weigh in during this global pandemic. Justice Lowy provided no reasoning or rationale for taking such action. See Order below.

Nevertheless, the case will still proceed in Suffolk Superior Court and we have lost nothing except for some time. The merits of our claims have not yet been addressed and will be considered by the Superior Court in due course. We will do everything we can to fast-track the case. The case has been specially assigned to the very well respected Justice Paul D. Wilson, appointed by Gov. Patrick and formerly a partner at Mintz, Levin.

Despite this, we are not going down without a fight. We have decided to file our federal constitutional claims in Federal Court in Boston, seeking to strike down the Moratorium. We are hopeful that the federal court will give us a fair shot. I’ll keep you posted on that front as well. 

It seems like we are fighting everyone on these important issues for the rental property community. Meanwhile, state Cambridge Rep. Mike Connolly and Congresswoman Pressley just held a virtual town hall on Facebook, and said they are filing a bill to extend the Moratorium for 12 MONTHS. They are also filing a bill to FREEZE rents, as well as RENT CONTROL. Obviously, this would be devastating to rental housing providers. We could use some positive PR and stories about small landlords being really hurt by this Moratorium. 

This fight will go on — to the end. I’ll keep you posted. Also, with more litigation, comes more legal fees and expenses. We are still seeking donations to the cause. To contribute please click our secure Paypal link: https://paypal.me/pools/c/8orbLzpxbY.

Single Justice Order of Transfer Matorin v. Chief Justice by Richard Vetstein on Scribd

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