Housing Court Standing Order 1-23 Being Enforced: Separate Piece of Paper for Each Occupant at Tier 1

Landlords, constables and sheriff departments are reminded that the Housing Court still operates under Interim Standing Order 1-23, which reads in part, “The plaintiff or plaintiff’s attorney shall serve on each named defendant a copy of the notice of the first-tier court event, as well as the information sheet.”

A screenshot of the Mass.gov site for the Housing Court standing order, which has been in place since 2023.

Who is a named defendant? Each occupant aged 18 or over, even if they are not on the rental agreement. (This should be the same list as on the notice to quit served previously.)

Remember there are three times when a defendant is served: 1) notice to quit; 2) summons and complaint; and 3) notice of tier one event. Unlike the notice or the summons, which are typically served on one sheet to the entire rented premises, the notice of the tier one event has always required separate pieces of paper and separate information sheets for each defendant.

The rules of civil procedure, Rule 4, provide the different behavior for the summons. “Upon commencing the action the plaintiff or his attorney shall deliver a copy of the complaint ... Upon request of the plaintiff separate or additional summons shall issue against any defendant.” (Emphasis added.) Note that civil procedure covers much more than eviction, such that eviction develops its own procedures and standing orders.

If you fail to serve notice of tier one properly, a default judgment cannot be entered. The tier one notice is critical, as it contains the first court date. Section H of the standing order reads, “Default shall not enter if the plaintiff or plaintiff’s attorney has not complied with § 3(ii)(D) by filing with the court a completed constable’s or sheriff’s return of service for the notice of the first-tier court event.” Plus, the rest of your eviction could be derailed, as well.

Thanks to Attorney Jordana Greenman for this reminder.