Outcomes for September 2020

Residential summary process: Outcomes Report This report examines cases filed at least one year before reading, for which outcomes were largely known. Search Period Start: 2020-09-01 Search Period End: 2020-09-30 Earliest Case: 2020-09-02 Latest Case: 2020-09-29 Total Cases: 78 Total Transfers: 1 -- High-level take-aways: Percentage of landlords for whom attorney is optional: 29.5% Of those, percentage pro se: 39.1% Most common cause: Cause Least stable municipality/neighborhood: West Dennis Least stable with 10+ filings: n/a Least stable with 100+ filings: n/a Least stable county: Barnstable Cases per day: 2 Housing crisis baseline max cases per day (UCL): 130 Housing crisis baseline min cases per day (LCL): 44 The number of filings this period is statistically significantly below the pre-pandemic housing crisis baseline. -- Courts (n) Count Percent northeast 15 19.2% southeast 14 17.9% central 13 16.7% eastern 8 10.3% metro_south 6 7.7% cambridge district 5 6.4% western 4 5.1% fallmouth district 3 3.8% newburyport district 2 2.6% barnstable district 1 1.3% bmc east boston 1 1.3% chelsea district 1 1.3% newton district 1 1.3% quincy district 1 1.3% somerville district 1 1.3% springfield district 1 1.3% woburn district 1 1.3% Party Type (n) Plaintiffs Defendants Corporate Entity 55 0 Natural Person 23 78 Total 78 78 (%) Plaintiffs Defendants Corporate Entity 70.5% 0.0% Natural Person 29.5% 100.0% Total 100.0% 100.0% Plaintiff Representation (n) Has Attorney Pro Se Total Required 54 1 55 Optional 14 9 23 Total 68 10 78 (%) Has Attorney Pro Se Total Required 69.2% 1.3% 70.5% Optional 17.9% 11.5% 29.5% Total 87.2% 12.8% 100.0% Defendant Representation Note: Limited Assistance Representation should be reflected here. Tenancy preservation or other social services may not be reflected. (n) Has Attorney Pro Se Total Required 0 0 0 Optional 15 63 78 Total 15 63 78 (%) Has Attorney Pro Se Total Required 0.0% 0.0% 0.0% Optional 19.2% 80.8% 100.0% Total 19.2% 80.8% 100.0% Number of Adults in Households Count Percent 0 2 2.6% 1 55 70.5% 2 14 17.9% 3 5 6.4% 4 2 2.6% Total 78 100.0% Note: Households may appear with zero adults due to clerical delay entering known defendants, identity protection obscuring known defendants (e.g., 42 USC Sections 13701 through 1404 Violence Against Women Act), or no adult defendants (e.g., abandonment of minors). Initiating Action Count Percent Cause 75 96.2% Unknown/Other 2 2.6% No Fault 1 1.3% Foreclosure 0 0.0% Non-payment 0 0.0% Rate per 100,000 Municipality Residents Count West Dennis 45 1 Newtonville 19 1 Hyannis 14 2 Whitman 13 2 Palmer 8 1 Bedford 7 1 Centerville 7 1 Mashpee 7 1 North Easton 7 1 West Newton 7 1 Ashland 6 1 Hopkinton 6 1 Jamaica Plain 5 2 Rockland 5 1 Cambridge 4 5 Fitchburg 4 2 New Bedford 4 4 Stoneham 4 1 Worcester 4 8 Bridgewater 3 1 Fall River 3 3 Gloucester 3 1 Lowell 3 4 Northampton 3 1 Plymouth 3 2 Somerville 3 3 Beverly 2 1 Brockton 2 2 E. Boston 2 1 Lawrence 2 2 Leominster 2 1 Lynn 2 2 Methuen 2 1 Woburn 2 1 Brookline 1 1 Chicopee 1 1 Dorchester 1 1 Dorchester Center 1 1 Haverhill 1 1 Malden 1 1 Quincy 1 1 Revere 1 1 Springfield 1 2 Weymouth 1 1 (not given) 0 4 Rate per 100,000 residents based on 2010 census. Municipalities do not appear if no evictions filed. Where neighborhoods are commonly recognized as municipalities, data appears under the neighborhood rather than the legal entity (e.g., "Roxbury" is separate from "Boston".) Where municipalities have alternate spellings (e.g., Marlboro for Marlborough), totals appear under the long form. Efforts are made to correct clerical errors in the court database, but clerical errors may appear. Rate per 100,000 County Renter Households Count Barnstable 25 5 Plymouth 18 8 Bristol 9 8 Worcester 9 11 Middlesex 8 20 Essex 7 8 Hampden 5 4 Hampshire 5 1 Norfolk 3 3 Suffolk 3 6 Berkshire 0 0 Dukes 0 0 Franklin 0 0 Nantucket 0 0 Rate per 100,000 renter households based on 2019 ACS. Counties appear even if no evictions filed. OUTCOMES Concluded cases are 'disposed'. Not all cases were disposed at time of reading. Cases are read approximately 18 months after filing. Court Record Reads This Report Reads Stipulation of Dismissal Dismissed Voluntary Dismissal Dismissed Dismissal Dismissed Agreement for Judgment Mediated Agreement Mediated Judgment by Default Defaulted Findings Heard Order Heard Disposed Heard (unrecognized) Other Dismissals: Stipulations of dismissal are not legally the same as voluntary dismissals, but both are treated here as scenarios in which either money has been paid or cause cured. Mediation: Agreements are not legally the same as agreements for judgment, but both are treated here as mediations in which a tenancy may be preserved; judgment or execution may enter thereafter, looked at separately. Tenancy preservation program is generally not visible, may influence either mediation or dismissal. Some disposed cases may have a judgment entered. Judgments may be for money only, money and possession, or possession only. Some judgments for possession may result in an execution. Dispositions Count Percentage Disposed 67 85.9% Ongoing/Error 11 14.1% Cases not yet disposed were either ongoing at time of reading or left open due to clerical error only. Note that agreements for judgment may not all be filed properly, and that mediations may be undercounted. By outcome, as a percent of disposed cases: Count Percentage Mediated 31 46.3% Dismissed 15 22.4% Heard 12 17.9% Defaulted 8 11.9% Other 1 1.5% Total 67 100.0% Outcome by reason: Dismissed Defaulted Mediated Heard Other Cause 15 7 30 12 1 Foreclosure 0 0 0 0 0 No Fault 0 1 0 0 0 Non-payment 0 0 0 0 0 Unknown/Other 0 0 1 0 0 Outcome by reason, as a percent of disposed cases: Dismissed Defaulted Mediated Heard Other Cause 22.4% 10.4% 44.8% 17.9% 1.5% Foreclosure 0.0% 0.0% 0.0% 0.0% 0.0% No Fault 0.0% 1.5% 0.0% 0.0% 0.0% Non-payment 0.0% 0.0% 0.0% 0.0% 0.0% Unknown/Other 0.0% 0.0% 1.5% 0.0% 0.0% Judgments The financial obligation of one party to another, net of counterclaims. Judgments recorded for the plaintiff may be lower than total eviction costs (e.g., moving and storage often not included). Judgments may not be ordered paid if the debtor receives any form of public assistance. Otherwise, judgments are enforceable any time in the 20 years after issuance. Judgments of small amounts typically reflect court filing fees rather than rent arrears. Mediated agreements for judgment are judgments; otherwise mediated agreements are not recorded. Amounts in excess of 100% of cases disposed indicate a judgment was inferred from the docket history but no dollar amount was entered and the case was not yet disposed. Count Percentage of Disposed Percentage of Filed Judgment entered 28 41.8% 35.9% Judgment inferred 16 23.9% 20.5% No judgment 23 34.3% 29.5% Total 67 100.0% 56.4% Judgments by reason, where dollar figures are known, as a percent of disposed cases: Count Percentage Min Max Average Std Dev Total Cause 26 38.8% 0 8,995 899 1,844 23,381 Foreclosure 0 0.0% 0 0 0 0 0 No fault 1 1.5% 6,315 6,315 6,315 0 6,315 Non-payment 0 0.0% 0 0 0 0 0 Unknown/Other 1 1.5% 0 0 0 0 0 Subtotal 28 41.8% 0 8,995 1,060 2,051 29,697 Judgments by outcome, where dollar figures are known, as a percent of disposed cases: Count Percentage Min Max Average Std dev Total Dismissed 0 0.0% 0 0 0 0 0 Defaulted 8 11.9% 182 6,315 1,551 2,101 12,414 Mediated 14 20.9% 0 8,995 1,172 2,319 16,415 Heard 5 7.5% 0 270 133 112 669 Other 1 1.5% 198 198 198 0 198 Subtotal 28 41.8% 0 8,995 1,060 2,051 29,697 By prevailing party, as a percent of disposed cases: Count Percentage of Judgments Percentage of Disposed Percentage of Filed defendant 0 0.0% 0.0% 0.0% plaintiff 0 0.0% 0.0% 0.0% unknown 0 0.0% 0.0% 0.0% Total 44 100.0% 65.7% 56.4% Judgments All Cases: Count: 28 Range: 0.000 - 8995.000; Mean: 1060.642; Median: 237.985; Stddev: 2089.204 Percentiles: 90th: 3438.950; 95th: 6315.990; 99th: 8995.000 0.000 - 269.964: 16 ##################################################### 269.964 - 398.877: 1 ### 398.877 - 589.123: 1 ### 589.123 - 869.879: 1 ### 869.879 - 1284.206: 1 ### 1284.206 - 1895.654: 1 ### 1895.654 - 4129.654: 2 ####### 4129.654 - 8995.000: 2 ####### Judgments By Reason Cause: Count: 26 Range: 0.000 - 8995.000; Mean: 899.307; Median: 237.985; Stddev: 1880.728 Percentiles: 90th: 3375.000; 95th: 3438.950; 99th: 8995.000 0.000 - 269.964: 16 ##################################################### 269.964 - 398.877: 1 ### 398.877 - 589.123: 1 ### 589.123 - 869.879: 1 ### 869.879 - 1284.206: 1 ### 1284.206 - 1895.654: 1 ### 1895.654 - 4129.654: 2 ####### 4129.654 - 8995.000: 1 ### Judgments By Outcome Defaulted: Count: 8 Range: 182.610 - 6315.990; Mean: 1551.806; Median: 221.875; Stddev: 2247.040 Percentiles: 90th: 6315.990; 95th: 6315.990; 99th: 6315.990 182.610 - 260.552: 5 ##################################################### 260.552 - 2184.375: 1 ########### 2184.375 - 4433.542: 1 ########### 4433.542 - 6315.990: 1 ########### Mediated: Count: 14 Range: 0.000 - 8995.000; Mean: 1172.563; Median: 250.000; Stddev: 2406.687 Percentiles: 90th: 3375.000; 95th: 8995.000; 99th: 8995.000 0.000 - 274.462: 8 ##################################################### 274.462 - 596.728: 1 ####### 596.728 - 879.491: 1 ####### 879.491 - 1296.017: 1 ####### 1296.017 - 4144.796: 1 ####### 4144.796 - 8995.000: 1 ####### Heard: Count: 5 Range: 0.000 - 270.000; Mean: 133.884; Median: 190.630; Stddev: 125.706 Percentiles: 90th: 270.000; 95th: 270.000; 99th: 270.000 0.000 - 197.387: 1 ##################################################### 197.387 - 211.625: 1 ##################################################### 211.625 - 270.000: 1 ##################################################### Executions A levy of execution is a forced (court ordered) move-out, what is commonly meant by "eviction". If an execution is requested but not issued, the court has denied the landlord's request. If an execution is issued but not levied, the renters have left on their own. If an execution is levied, the renters and their belongings were removed per the move-and-store laws. Possession of the housing was returned to the owner. It is not possible to know from court records whether belongings were stored in a licensed and bonded warehouse (renter has not yet obtained new housing) or delivered per the renter's instructions (renter has obtained new housing). The landlord customarily pays for the cost of moving and storage. Executions are considered levied if a return of service appears in the record. Executions for possession only must be returned to the court even if not actually served. Executions for money may be kept (not returned) for attempts to collect. Percentages of judgments in excess of 100% indicate that the judgment for one or more cases was not officially recorded when the record was examined, or was recorded ambiguously. Count Percentage of Judgments Percentage of Disposed Percentage of Filed Requested 34 77.3% 50.7% 43.6% Issued 28 63.6% 41.8% 35.9% Levied 6 13.6% 9.0% 7.7% Levied by reason: Count Percentage of Levied Percentage of Judgments Percentage of Disposed Percentage of Filed Cause 6 100.0% 13.6% 9.0% 7.7% Foreclosure 0 0.0% 0.0% 0.0% 0.0% No Fault 0 0.0% 0.0% 0.0% 0.0% Non-payment 0 0.0% 0.0% 0.0% 0.0% Unknown/Other 0 0.0% 0.0% 0.0% 0.0% All Reasons 6 100.0% 13.6% 9.0% 7.7% Read as X% of cases filed are levied for nonpayment, for example. Levied by outcome: Count Percentage of Levied Percentage of Judgments Percentage of Disposed Percentage of Filed Dismissed 0 0.0% 0.0% 0.0% 0.0% Defaulted 2 33.3% 4.5% 3.0% 2.6% Mediated 2 33.3% 4.5% 3.0% 2.6% Heard 2 33.3% 4.5% 3.0% 2.6% Other 0 0.0% 0.0% 0.0% 0.0% All Outcomes 6 100.0% 13.6% 9.0% 7.7% Read as X% of cases filed are levied following default, for example. Conditional probabilities: 'Given a case is about X, what are the odds of a forced move-out?' Levies Filings Percentage Chance Cause 6 75 8.0% Foreclosure 0 0 0.0% No Fault 0 1 0.0% Non-payment 0 0 0.0% Unknown/Other 0 2 0.0% Percentage chance is not intended to be summed across reasons. Conditional probabilities: 'Given a case ends with X, what are the odds of a forced move-out?' Levies Filings Percentage Chance Defaulted 2 8 25.0% Heard 2 12 16.7% Mediated 2 31 6.5% Dismissed 0 15 0.0% Other 0 1 0.0% Percentage chance is not intended to be summed across outcomes. Causality cannot be inferred from this data (e.g., did mediation prevent a levy? or was mediation avoided because one party assumed a levy was inevitable?). Court Duration for Disposed Cases (days) Nothing leading up to the filing of the summary process case is considered. Nothing following the summary process case is considered. Excludes grace period, notice period, and entry delays. Excludes execution and appeal period, if any. Actual eviction duration will be at least 40 days longer than indicated for a 30 day notice to quit and 10 day appeal period. Zero may indicate either 0 or no data, see histogram below. (days) Shortest Longest Average Std Dev Cause 0 545 75 115 Non-payment 0 0 0 0 No Fault 0 0 0 0 Foreclosure 0 0 0 0 Unknown/Other 0 0 0 0 All Reasons 0 545 79 121 (days) Shortest Longest Average Std Dev Dismissed 0 324 68 108 Defaulted 6 44 23 13 Mediated 2 426 60 98 Heard 21 545 171 182 Other 0 0 0 0 All Outcomes 0 545 79 121 All Cases: Count: 67 Range: 0.000 - 545.000; Mean: 79.761; Median: 22.000; Stddev: 121.442 Percentiles: 90th: 269.000; 95th: 414.000; 99th: 545.000 0.000 - 4.048: 2 ###### 4.048 - 7.494: 3 ######## 7.494 - 13.294: 9 ######################### 13.294 - 23.052: 19 ##################################################### 23.052 - 39.472: 11 ############################### 39.472 - 67.103: 3 ######## 67.103 - 113.596: 7 #################### 113.596 - 191.832: 1 ### 191.832 - 323.478: 6 ################# 323.478 - 545.000: 5 ############## By Reason Cause: Count: 65 Range: 0.000 - 545.000; Mean: 75.446; Median: 22.000; Stddev: 115.106 Percentiles: 90th: 256.000; 95th: 324.000; 99th: 545.000 0.000 - 4.048: 2 ###### 4.048 - 7.494: 3 ######### 7.494 - 13.294: 9 ########################### 13.294 - 23.052: 18 ##################################################### 23.052 - 39.472: 11 ################################ 39.472 - 67.103: 3 ######### 67.103 - 113.596: 7 ##################### 113.596 - 191.832: 1 ### 191.832 - 323.478: 6 ################## 323.478 - 545.000: 4 ############ By Outcome Dismissed: Count: 15 Range: 0.000 - 324.000; Mean: 68.400; Median: 17.000; Stddev: 108.353 Percentiles: 90th: 269.000; 95th: 324.000; 99th: 324.000 0.000 - 3.793: 1 ################## 3.793 - 6.657: 2 ################################### 6.657 - 11.233: 1 ################## 11.233 - 18.545: 3 ##################################################### 18.545 - 30.225: 1 ################## 30.225 - 48.886: 3 ##################################################### 48.886 - 324.000: 3 ##################################################### Defaulted: Count: 8 Range: 6.000 - 44.000; Mean: 23.750; Median: 18.500; Stddev: 13.509 Percentiles: 90th: 44.000; 95th: 44.000; 99th: 44.000 6.000 - 7.432: 1 ########################### 7.432 - 16.748: 2 ##################################################### 16.748 - 20.378: 2 ##################################################### 20.378 - 36.360: 1 ########################### 36.360 - 44.000: 2 ##################################################### Mediated: Count: 31 Range: 2.000 - 426.000; Mean: 60.968; Median: 20.000; Stddev: 98.547 Percentiles: 90th: 196.000; 95th: 296.000; 99th: 426.000 2.000 - 3.926: 1 #### 3.926 - 12.277: 4 ################## 12.277 - 20.799: 12 ##################################################### 20.799 - 34.791: 3 ############# 34.791 - 57.763: 4 ################## 57.763 - 95.480: 2 ######### 95.480 - 157.404: 1 #### 157.404 - 259.074: 2 ######### 259.074 - 426.000: 2 ######### Heard: Count: 12 Range: 21.000 - 545.000; Mean: 171.333; Median: 94.000; Stddev: 182.739 Percentiles: 90th: 414.000; 95th: 545.000; 99th: 545.000 21.000 - 29.332: 4 ##################################################### 29.332 - 108.599: 4 ##################################################### 108.599 - 207.335: 1 ############# 207.335 - 545.000: 3 ######################################## -- Data Sources (report errors to hello@masslandlords.net): County Data Households Percent Renters Barnstable 96,509 20.0% Berkshire 53,792 30.0% Bristol 220,528 37.3% Dukes 18,146 22.6% Essex 297,898 36.9% Franklin 30,927 34.1% Hampden 179,970 39.5% Hampshire 60,002 30.7% Middlesex 612,366 38.1% Nantucket 11,399 30.8% Norfolk 269,717 31.6% Plymouth 191,041 22.6% Suffolk 309,945 63.7% Worcester 316,162 35.2% County Households: 2019 ACS TableID S1101 County Households and Renters, Dukes and Nantucket: https://www.census.gov/quickfacts/dukescountymassachusetts County Households and Renters, Large Counties: https://data.census.gov/cedsci/table?q=S11&g=0400000US25.050000&d=ACS%201-Year%20Estimates%20Subject%20Tables&tid=ACSST1Y2019.S1101&hidePreview=true Dukes County Renters: https://www.census.gov/quickfacts/dukescountymassachusetts Nantucket County Renters: https://www.census.gov/quickfacts/nantucketcountymassachusetts -- Methodology Publicly available records at MassCourts.org are read fully manually at two intervals: 1.) For a filings report, once within approximately one week of filing; 2.) For an outcomes report, once again approximately 12 to 18 months after filing. Cases are searched by 'case type' = 'summary process', party type = 'plaintiff' within date ranges, typically weekly. MassCourts.org displays matches, not cases. X plaintiffs on a single case result in X separate matches. Cases are manually de-duplicated. Where the number of matches exceeds the number displayed (e.g., 'Displaying 100 of 257 total matches.'), date ranges are reduced until all cases may be viewed. If the date range cannot be reduced (i.e., is one day) but matches still exceed the display limit of 100, then two additional passes are taken. First, municipalities are filtered in stages. Second, to capture cases with no municipality entered, the search switches from 'case type' to 'case number', guessing the missing numbers assuming serialized entry. This method results in 'matches' reconciled to case counts. This effort costs more than 1 FTE. Summary spreadsheets are produced by copying exactly what is read. The spreadsheets are processed using proprietary software. Repeated analyses of local spreadsheets does not burden the MassCourts servers. The software is developed using best practices for revision control and regression testing. Limitations: Data are snapshots. As such, we cannot track individual cases over time or produce real-time reports. MassLandlords does not have access to court databases beyond what is published in human readable form at MassCourts.org. As of this report, MassLandlords staff were not considering information available to attorneys (e.g., the contents of notices, discovery, evidence, etc.) but not available to the general public. All data presented here are readily verifiable at MassCourts.org without special permission. Information is not independently verified outside of the court record. For instance, clerical errors in address, omissions of a defendant, etc. are not readily verifiable. As this process matures, reporting algorithms may change. Transfers are counted as new cases. Clerical differences between original case and transfer (e.g., middle initial included then dropped; defendant dropped on transfer; street address spelling changed) as well as the potential for indefinite circular transferring (e.g., foreclosure cases moving between housing, land, and/or superior courts) make it very difficult to programmatically identify continuing matters. Methodology changes: 2022-03: Where docket history shows judgment and/or execution, but case has not been disposed, infer judgment and/or execution. -- When Citing This Work, Please Credit: MassLandlords, Inc. Available online at https://masslandlords.net/policy/eviction-data/.