With Deductions Allowed, You May Qualify for Free Legal Assistance

By Eric Weld, MassLandlords, Inc.

If you’re a landlord relying on modest rental income for your living, and in need of legal assistance, there may now be an affordable option for you.

If you own an apartment in the Boston region and rely on rent for income, you may be eligible for free legal assistance from the Volunteer Lawyers Project. VLP provides legal services to eligible landlords after allowing deductions such as property tax, mortgage interest and others. Cc by-sa flickr Evan Donovan

The Volunteer Lawyers Project (VLP), an organization of the Boston Bar Association, provides pro bono legal services to individuals in the greater Boston region with income levels at 200% or less of federal poverty guidelines.

Furthermore, VLP allows landlords to deduct mortgage interest, property tax and other expenses allowed for deduction by the Internal Revenue Service in determining income eligibility, noted Ellaina Sivo, communications coordinator for VLP.

This means you may qualify for free legal assistance from VLP even if your income is above the 200% threshold of federal poverty guidelines, as long as you fall within the limit after subtracting property taxes, mortgage interest, etc.

Income verification to VLP is self-reported and based on current income, Sivo explained. If a landlord is not receiving rental income – either your rental is vacant, or your tenant is not paying rent – then rent due does not count as part of your current income for self-reporting purposes to receive VLP legal assistance. “We only ask for verification of income if we have reason to doubt what the person is reporting,” Sivo said.

Federal poverty income guidelines for 2025 were published in February.

What is the Volunteer Lawyers Project?

The Volunteer Lawyers Project, located at Winthrop Square in Boston, aims to provide equal access to justice without financial consideration by representing, advising and providing legal assistance to clients whose income may constrain access to attorney services. VLP will provide referrals for prospective clients whose income is over qualifying thresholds. VLP lawyers, which include licensed attorneys and law students, offer their time on a voluntary basis.

One of VLP’s designated categories of service is landlord advocacy, including general assistance and legal advice around landlord-tenant issues such as rent collection, rental and mortgage assistance, move-in/move-out and disputes. VLP also offers full representation for court actions on a per-case basis, which may include evictions, mediated agreements and other housing court events.

VLP has handled a wide range of legal cases for landlords, including assisting a landlord with evicting a nonpaying tenant, contacting housing court on behalf of a landlord to schedule necessary court events, and intervening to secure an order of protection from a threatening tenant and gaining access to a rental unit to conduct repairs.

In addition to attorney representation, VLP also offers two in-person legal clinics, one at the Eastern Housing Court in Boston, and one at the Central Housing Court in Worcester. The project also compiles several online resources for landlords.

Do You Qualify for Free Legal Assistance?

Federal poverty guidelines are determined and published annually by the Department of Health and Human Services (DHH), and are based on Census Bureau thresholds. The U.S. Census Bureau sets poverty definitions each year in accordance with CPI, the Consumer Price Index for All Urban Consumers.

According to the latest DHH guidelines, a household with one individual making $15,650 or less per year is within the poverty threshold. For a household with two people, the threshold is $21,150; three people, $26,650; four people, $32,150; and up to eight people in a household making $54,150 collectively. Households with more than eight people may add $5,500 for each additional person onto the eight-person figure to determine the appropriate poverty threshold.

To qualify for pro bono VLP services within the poverty guidelines, a landlord in a single-person household with an income of $31,120 or less, or 200% of the published threshold, is eligible. For a household with two individuals, the eligible combined income threshold is $42,300; three individuals, $53,300; four, $64,300; and up to eight people with combined income of $108,300.

However, don’t assume if your income is above those thresholds that you are not eligible for VLP. As Sivo explained, you may still qualify for VLP services with income above federal poverty guideline levels after allowed deductions.

For example, maybe you live in a household with two people and your income, including rent, is $54,000. However, if you paid $6,000 in property taxes and $6,000 in mortgage interest, you would fall within the eligibility threshold for free legal assistance after deducting those expenses.

To see if you qualify for VLP assistance, apply online or call 617-603-1700 to check eligibility.