Housing Court in Barnstable: What to expect if you have to go

BARNSTABLE — Fighting foreclosure in housing court, a Centerville man told a judge he and another resident "keep the house alive."

"We're not doing anyone any harm by staying there," said George L. Burt, 65. "We're taking care of the property."

The total assessed value of the Centerville house is $540,500, according to data from the assessor's office. The Cape Cod-style house was built in 1980 and contains 1,950 square feet of living area and four bedrooms and two bathrooms.

Burt and the other resident went before the Barnstable session of the Southeast Housing Court on Sept. 13, representing themselves, on the allegation that they did not keep up with mortgage payments.

Judge Joseph Michaud presided over the bench trial conducted without a jury.

In February, Michaud was publicly chastised by the state Supreme Judicial Court for his Facebook posts embracing conservative views before the 2020 presidential election.

Details of this foreclosure case

Burt began to serve as caretaker around 2004 for the original homeowner, he said. He cleaned the house, mowed the grass, and took her shopping among other tasks in exchange for living rent-free.

But in 2019 the owner died.

"Now, I am going to end up homeless, maybe," said Burt in court.

There's no housing anywhere, he told the judge.

The pair are financially stretched, said Burt, with himself getting about $1,400 per month and the other resident earning "limited income" at a part-time job. He has job applications out and they are also languishing on wait lists for housing on Cape Cod, across the state, and beyond, Burt said.

The plaintiff listed was Delaware-based Wilmington Savings Fund Society, FSB, "not in its individual capacity but solely as trustee of Rmf Buyout Acquisition Trust 2021-Hb1."

Attorney Tracy A. Kish of Korde & Associates, representing the bank, declined comment at the courthouse.

Housing Court travels to hold sessions in different cities, towns every week

This trial occurred when Barnstable District Court hosted a Southeast Housing Court session, serving the counties of Barnstable, Dukes and Nantucket.

Created in 1971, Massachusetts Housing Court has six divisions: Central, Eastern, Metro South, Northeast, Western, and Southeast, the last of which covers the Cape and Islands, Bristol County, and most of Plymouth County.

Like every division, Southeast Division court staff members hold sessions around the district each week, traveling to Fall River, New Bedford, Taunton, Plymouth, and Barnstable. Massachusetts Housing Court currently has no plans to hold sessions on Nantucket or Martha's Vineyard.

After the trial concerning the Centerville house, Michaud entered his judgment on Sept. 20 for the plaintiff for possession, according to court records.

Execution is stayed until Nov. 30. The appeal period expired on Tuesday. On Tuesday, the residents filed a motion to stay execution but the move was denied. The court had already stayed the execution levy until Nov. 30 so the motion was premature, according to Michaud in court records.

What kinds of issues does Housing Court hear?

Benjamin Adeyinka, Deputy Court Administrator for Housing Court, estimated 80% of housing court business centers on summary process case — the legal term for eviction. But Housing Court also has jurisdiction of any issue that touches "the health, safety, and welfare of residential occupants," he said.

That can range from working with local cities and towns to enforce state sanitary code when properties go into blight or disrepair; small claims cases; and civil actions involving personal injury, property damage, breach of contract, discrimination, and other claims.

"We try to make it a calming environment because it's a really stressful time in someone's life, wondering if they're going to be homeless or whether their mortgage is going to be paid if it's a plaintiff landlord," said Adeyinka.

The district attorney's office rarely prosecutes cases in housing court.

Expansion of Housing Court to Cape and Islands residents

Before 2018, the Cape and Islands were not covered by Housing Court. Anyone with a housing problem on the Cape and Islands instead went to district and superior courtrooms, said Raymond Yox, managing attorney of South Coastal Counties Legal Services, Inc.'s Hyannis office. The agency offers free civil legal help to eligible low-income and elder residents in a host of areas, including housing.

"District court judges are skilled in a lot of areas, mostly criminal. But housing wasn't always their specialty," Yox said.

Housing court is probably a better place for people to litigate their housing disputes, he said. "There's unique knowledge into the laws that involve landlord-tenant law and property management that make it a better place to be."

After Housing Court expanded to the Cape and Islands in 2018, the closest court location was in Plymouth until February 2019 when sessions were held at Barnstable District Court.

Around seven housing specialists work for the Southeast Housing Court, led by Suzette Fagan Clarke. Housing specialists are court employees who serve as mediators and are trained in alternative dispute resolution and state sanitary, building, and fire codes.

Like all civil law in the U.S., most housing court cases are settled through mediation, which is the mandatory first step, said Yox.

"It's cheaper, cheaper than going to trial, and usually a better result is obtained for everybody," said Yox. "With trials, it's usually one way or the other. A negotiated settlement will get something in the middle somewhere."

Both parties also have an automatic right to transfer an eviction case brought forward in district court to housing court, said Yox.

Legal services available to people

According to fiscal 2019 data from the Massachusetts Housing Court, 91.6% of defendants in eviction cases in Southeast Housing Court had no professional legal representation, compared to 21.5% of the plaintiffs. An LLC, or limited liability company, cannot represent itself in Massachusetts Housing Court.

"Paying for an attorney is quite expensive and if you're already behind on the rent, how are you going to pay for a lawyer?" said Yox.

South Coastal Counties Legal Services provides Lawyer for the Day services for the Southeast Housing Court, with volunteer attorneys available to give free legal advice and assistance to unrepresented landlords and tenants. Contact 508-775-7020 to reach the intake line.

The state Tenancy Preservation Program also works with tenants who face eviction due to behavior related to a disability. The program acts as a neutral party and works with the property owner and tenant to determine whether the disability can be reasonably accommodated so the tenant does not lose their housing. Contact 617-788-6500 for information.

"What we try to stress to the Legislature and the state representatives and senators is that the court is only as good as the resources at its disposal," said Adeyinka. "The more resources that we can bring to bear, the more that we can provide that information to our litigants."

Zane Razzaq writes about housing and real estate. Reach her at zrazzaq@capecodonline.com. Follow her on Twitter @zanerazz.

Gain access to premium Cape Cod Times content by subscribing.

This article originally appeared on Cape Cod Times: Housing Court in Barnstable: What to expect if you have to go