Associate Justice Robert Fields Clarifies Rent Escrow at Springfield Event

Judge Robert Fields, Associate Justice of the Massachusetts Housing Court, Western Division, presented to the Rental Housing Association of Greater Springfield on Thursday, December 14.

A full room for Judge Fields at Twin Hills Country Club in Longmeadow. At the podium, Attorney Stanley Komack of Record Title, West Springfield.

Associate Justice Robert Fields of the Western Division Housing Court discussed rent escrow and other topics in Longmeadow in December.

Judge Fields was joined by Donna Zundell, Chief Housing Specialist, and Court Officer Domingo Sanbula. Attorney Stanley Komack arranged a role-playing session where Judge Fields gave the speech he usually gives on Thursdays in court. Officer Sanbula said loudly, “All rise!” and Judge Fields stepped to the podium.

The intent was to create a sense of what it was like to be in court for new members and landlords who had never been. Fields’ opening remarks did just that.

Chief Housing Specialist Donna Zundell next discussed mediation. Landlords have everything to gain and nothing to lose by mediating their case. If they don’t like where the mediation is headed, they can proceed into the next room to go before the judge.

Judge Fields on Rent Escrow

After the overview of mediation and trial was completed, Judge Fields addressed what he said was a misunderstanding concerning his prior statements on rent escrow. Owners in the Western Division jurisdiction have quoted Judge Fields as saying he would never grant an escrow motion.

Judge Fields described rent escrow as a form of injunctive relief, and said there are four elements required for an injunction.

First, the requested injunction must be likely to have the desired effect. Second, the desired effect must be to avoid irreparable harm. Third, the scales must be tipped to the requestor. And fourth, the injunction must be good public policy.

In the case of a tenant playing the so-called “free rent trick,” (a term Judge Fields did not use), none of the four criteria would usually be met, in his experience.

First, it would be unlikely that an escrow motion would be complied with. Second, case law has established that economic losses are not irreparable harm. Third, it’s not clear that the landlord would be harmed more by loss of rent than the tenant would be harmed by possible loss of due process. And fourth, it is not clear that the public has any interest in the outcome of the case.

Judge Fields says he does order escrow for half a dozen bank post-foreclosure evictions a year.

Judge Fields did not comment on bills proposing to mandate escrow during habitability disputes.

Judge Fields on Landlord “Do’s and Don’ts”

Judge Fields gave the following advice to attendees.
Come prepared for mediation and trial, even if you expect to leave after mediation. Have all documents even if you think you won’t need them.

Know how much rent is due at the hearing. It’s a number. Do not start to perform math when the judge asks you how much is due. You can provide detail if the judge asks for it.

Bring witnesses to substantiate for-cause evictions. “Witness” in our legal system means a third party. If you are a corporate landlord, your witness cannot be your contractual property manager or your employee. Your witness must be a third party, not another person under the plaintiff’s umbrella.

Police reports alone are inadequate. An officer must be there to testify in person.

If a tenant does not file an answer to your case before the hearing date, but the court gives the tenant leave to file their answer day-of, consider whether you still want to go into court that day. You must be prepared to defend allegations in the tenant’s answer. Is it better to go before the judge unprepared, or is it better to lose additional rent, ask for a continuance, and come back next week fully prepared? If you are not fully prepared and the tenant’s answer has material damaging to your case, you could lose more than just a week’s rent.

To serve a notice yourself, have the tenant sign the back of the notice you hand to them, take it back, and leave them with a copy. Hiring a sheriff or constable is also okay.

Overall, Judge Fields of the Western Division Housing Court and his team gave a great presentation, were very personable and funny, and received 100% positive feedback on the feedback cards.