An Act to Equalize Counsel in Eviction Proceedings
Summary
This bill would amend Section 46 of Chapter 221 of the General Laws. It would allow landlords who have an LLC or other corporation for their rental properties to represent themselves in summary process proceedings (evictions).
Supported by Staff
MassLandlords staff drafted or participated materially in the creation of bill text below. Members will be polled at the next update of the policy priorities survey.Bill Numbers
Full Text and Explanation of the Equal Counsel Bill
Bill Text May Change
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An Act to Equalize Counsel in Eviction Proceedings.
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SECTION 1: Section 46 of chapter 221 of the General Laws as appearing in the 2016 Official Edition is hereby amended by inserting at the end of the first sentence of the first paragraph the following.
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MGL 221 Section 46 says that corporations and other groups or companies cannot act as their own attorney, for either themselves or others. They can hire an in-house attorney to work for them and represent them, or retain an outside lawyer, but if they practice law or offer legal services otherwise, they can be fined. This includes landlords who have LLCs for their rental properties. Our bill would amend this law by adding the following text: |
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and further provided that nothing herein shall prohibit a trust, corporation or limited liability company, whether domestic or foreign, from representing itself in summary process proceedings.
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This addition says that this law, as written, would not apply to trusts, LLCs or corporations who wanted to represent themselves, instead of hiring a lawyer, in eviction proceedings. |
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See Also
LLCs and Attorneys Bill to be Filed video January 20, 2023
