Heading to Southeast Housing Court for an eviction? Here's what to expect.

NEW BEDFORD — It's a Friday morning at the Southeast Housing Court in New Bedford.

A young woman is called before the court for her eviction trial, or "summary process." She has her baby with her in a carrier seat.

She doesn't have a lawyer.

Judge Donna Salvidio notes the trial stipulations agreed to by both parties, which were prepared with the help of the court clerk. It's a bench trial conducted by the judge without a jury.

The judge also states the facts that have been agreed upon between the parties.

They include: The young woman is a tenant at will who began renting the apartment in February 2021 at $850 per month, due on the first of each month. And, the woman owes $5,950 in back rent through May.

The apartment's owner is listed as a limited liability company in court records. It's the apartment building's address with an LLC tag.

A middle-aged couple sits alone in the audience.

They own the apartment building as the "LLC."

They're represented by a lawyer who appears before the court. As an LLC, they're required to hire an attorney.

Southeast Housing Court for the New Bedford district is located at 139 Hathaway Road. It includes New Bedford, Acushnet, Dartmouth, Fairhaven, Freetown, and Westport.
Southeast Housing Court for the New Bedford district is located at 139 Hathaway Road. It includes New Bedford, Acushnet, Dartmouth, Fairhaven, Freetown, and Westport.

The young woman addresses the judge.

She is emotional.

Tenant is on waiting lists for apartments

In a practiced movement that's obviously been repeated many times, a court officer unobtrusively places a box of Kleenex within her reach.

The young woman says things have started to get "hard." She recently lost her mother, is seven months pregnant, and her grandmother has moved out.

She is trying to relocate and is on several waiting lists. She has applied for state help with relocation costs, though not for help with the rent. She says she didn't realize that was available.

She has also applied for Section 8 rental assistance, she tells the judge.

Judge Salvido says she's trying to determine what the young woman's plan is.

The judge notes the young woman has been active in seeking a new location and is working with housing advocates.

Can the tenant pay back rent?

Can she pay anything toward the back rent if given additional time?

The young woman says she can.

The couple's attorney briefly addresses the court, noting the young woman is a tenant at will and the "arrearage."

How long did the bench trial last?

The bench trial is over quickly, perhaps 10 minutes.

Judge Salvidio takes the case under advisement, and will issue a written decision.

An assistant clerk-magistrate tells the young woman she will receive the decision in the mail.

The attorney takes the LLC couple aside to explain what just happened.

If she is evicted, the young woman will have 10 days to appeal the ruling.

How does housing court in Bristol County work?

On this particular day, it was the New Bedford court's day to host a Southeast Housing Court session at 139 Hathaway Road. The New Bedford district includes New Bedford, Acushnet, Dartmouth, Fairhaven, Freetown, and Westport, and the court is open Mondays, Thursdays and Fridays.

All of the state's Housing Court divisions travel within their districts to hold sessions every week.

The Southeast Division's court personnel travel to hold sessions in Fall River, New Bedford, Taunton, Plymouth, and Barnstable.

Southeast Housing Court for the Fall River District is located at 289 Rock St. All of the state's Housing Court divisions travel within their districts to hold sessions every week. The Southeast Division's court personnel travel to hold sessions in Fall River, New Bedford, Taunton, Plymouth, and Barnstable.
Southeast Housing Court for the Fall River District is located at 289 Rock St. All of the state's Housing Court divisions travel within their districts to hold sessions every week. The Southeast Division's court personnel travel to hold sessions in Fall River, New Bedford, Taunton, Plymouth, and Barnstable.

The court's mission "is to adjudicate all matters presented by litigants within its jurisdiction regarding housing in a fair, efficient, and timely manner according to the rule of law and the facts presented," states Jennifer Donahue, Mass. Trial Court spokesperson.

Each Housing Court has a "housing specialist," who is a neutral court employee trained in different aspects of housing law.

The housing specialist is also familiar with local housing resources, and is a certified mediator.

Mediation is a free, voluntary, and confidential process, Donahue said. It gives the parties the ability to make a decision about the resolution of their case.

If mediation fails, the case can proceed to trial.

Recent regulatory change could increase evictions

There's been a recent change in state housing regulations that could cause an increase in evictions.

Chapter 257 was enacted to help tenants during the pandemic.

It required eviction cases to be continued if the tenant had a pending applicaton for rental aid.

It expired March 31.

Donahue said judges, clerks and housing specialists will continue to work with the parties to continue a case if requested. She said judges often use their judicial discretion to allow the parties time to access resources, and work toward a resolution.

How a Lawyer for the Day can help

The Southeast Housing Court has a Lawyer for the Day program in place to help people with the process.Donahue said the following agencies support the Lawyer for the Day program and can be contacted for access to the program, as well as for additional legal help: South Coastal County Legal Services, 1 -800-244-9023 or https://sccls.org/; The Volunteer Lawyers Project, www.vlpnet.org, tenants, 617-603-1700 and landlords, 857-320-6452; and Justice Bridge, www.justice-bridge.org, 508-449-9296 and 617-860-3414.

Attorney Rob Mount, managing attorney of the South Coastal Counties Legal Services' Fall River office, said there is also an intake line for SCCLS at 1-800-244-9023. It's available from 9 a.m. through 2 p.m., Monday through Thursday.

There are SCCLS offices in Fall River, New Bedford, and Hyannis, and a wholly owned subsidiary office in Brockton. They are open Monday through Friday, from 9 a.m. to 5 p.m.

Generally, participants must have low income and limited assets. Those over 60 don't need to meet income guidelines.

Mount said, "We want to help as many people as possible, especially right now with how tough it is. The housing stock is scarce and the rents are going up. We're trying to prevent homelessness to the best of our abilities as much as we can, as best we can."

This article originally appeared on Standard-Times: Housing Court eviction trial in New Bedford's Southeast Housing Court