Boston, housing, rent
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STATE HOUSE NEWS SERVICE

LOW-INCOME TENANTS who are at risk of being evicted could gain access to free legal representation through a proposed program that garnered support from housing attorneys during a legislative hearing Wednesday.

The program, outlined in a Sen. Sal DiDomenico bill (S 864), is meant to level the playing field for vulnerable Bay Staters, including people of color and residents with children, who are not represented in Housing Court — unlike the vast majority of tenants, who have the support of lawyers. The House’s accompanying bill filed by Reps. David Rogers and Michael Day (H 1731) had a hearing before the Joint Committee on the Judiciary in May.

DiDomenico told the Joint Committee on Housing on Wednesday afternoon that his bill is a matter of justice and equity, and he signaled the proposal could potentially be incorporated into a more comprehensive housing bill this session. A past version of the bill — which had called for a “right” to counsel program, compared to the latest filing for “access” to counsel — was sent to study last session.

Full legal representation in eviction cases would cost Massachusetts about $26 million, though it would save the state around $63 million across various expenses, such as for emergency shelter and health care, according to a 2020 Boston Bar Association analysis.

Danielle Johnson, Boston’s deputy director of the Office of Housing Stability, told lawmakers Wednesday the bill would have an “immense impact” on low-income residents, as well as low-income owner-occupants, who must endure “glaring” legal disparities as they look to remain in their homes.

The Massachusetts Access to Counsel Coalition — representing more than 240 organizations, including municipalities, tenant groups, property owners, health care providers, and housing advocates, among other stakeholders — supports the bills, arguing they alleviate the trauma families experience from being evicted and displaced.

Renee Spencer, a resident board member of the Wellesley Housing Authority, told lawmakers she was evicted about a dozen years ago after she fell behind on paying rent — despite working two jobs to try to make ends meet. Spencer, who didn’t have a lawyer in court and said she was unable to successfully negotiate a payment plan, found herself homeless and relying on family and friends for shelter.

“I know the difference a lawyer can make,” Spencer said at the hearing. “It feels like when you’re by yourself in an eviction, you don’t have a chance at all.”