The Massachusetts eviction moratorium, which has been in place since March, is off to court. A group of Massachusetts landlords have brought a lawsuit challenging the legality of this order, and have asked for a preliminary injunction, requesting that the court immediately stop the eviction ban while the case proceeds.
It would take much longer than a blog post to discuss all of the legal arguments for and against the Massachusetts eviction moratorium, but here’s a quick summary of some of the major points:
- Landlords argue that the moratorium interferes with the right to access the courts, and the separation of powers between the legislative and judicial branches
- Landlords argue that the ban is a constitutional “taking” of property, where landlords are deprived of property without compensation
- Landlords argue that the eviction moratorium interferes with private contracts (leases)
This court case, which was filed in Suffolk Superior Court, is being followed by another legal action in federal court, concerning federal constitutional issues.
Attorney Richard Vetstein and Attorney Jordana Greenman represent the landlords, and did an superb job representing their clients. I’m not familiar with the attorneys who represented the Commonwealth, but they did an excellent job as well.
Judge Paul Wilson is hearing this case, and will be issuing a decision soon. I’ve had the opportunity to argue before Judge Wilson, and can attest that he is a good judge who will issue a well-reasoned decision on these important issues of law. Stay tuned.
If you need assistance with a landlord-tenant matter, or have a question about the eviction moratorium, contact me for a consultation.