How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Sam Your Own Question
Sam
Sam, Attorney at Law
Category: Legal
Satisfied Customers: 27009
Experience:  More than 20 years of experience practicing law.
10707909
Type Your Legal Question Here...
Sam is online now
A new question is answered every 9 seconds

The laws in Mass housing court favor the tenant. Its almost

Customer Question

The laws in Mass housing court favor the tenant. Its almost impossible for a landlord to get a fair trial in the Mass Housing court (Boston Housing court), Is there any way to sue the state based on these laws discrimination against landlords, or because the laws are legally unfair. Thanks Francine Pilgrim(###) ###-####
Submitted: 1 year ago.
Category: Legal
Expert:  Sam replied 1 year ago.
Hello
This is Samuel and I will discuss this and provide you information in this regard.
I am sorry to hear of your situation.
If you appeal a decision from the Housing Court it does not go to the Housing Court.
You must file Notice of Appeal in the Housing Court, but the appeal is heard in a higher court. I am guessing you are not aware of that?
If you feel the laws are prejudicial against the LL, then I suggest you consider discuss these laws with your local elected official to the Massachusetts General Assembly/Legislature and see what can be done to help the LL. That is how laws are amended. While the changes will not help you with the matter at hand, there may be something that can be amended to help LL out in the future.
I suggest, you cannot sue the state. The law change process is via the legislature and if you want to appeal that goes to a higher court. But your Notice of Appeal needs to be filed timely within 10 days of the Housing Court decision in the Housing Court. The appeal, however is heard in the higher court.
Customer: replied 1 year ago.
I know I would loss in a appeal and it would cost be more in the end. Do you thinkI can sue the state base on discrimination against landlords?
Expert:  Sam replied 1 year ago.
HelloUnfortunately, no. You cannot sue the state for following the current law. You will need to talk to your state legislator, as I suggested, to have the laws amended to be more favorable toward LL.
Customer: replied 1 year ago.
can you go to federal level and claim that these laws are illegal because they get and unfair advantage the tenant
Customer: replied 1 year ago.
How can you legally challenge present laws that one believes to be illegal
Expert:  Sam replied 1 year ago.
HelloThank you. if you feel the laws are unconstitutional, then I suggest you will want to begin with filing a case in your highest state court. That is how laws are challenged as unconstitutional.
Customer: replied 1 year ago.
What is the highest court in mass, and what lawyers are involve with these courts
Expert:  Sam replied 1 year ago.
However, I still suggest that your legislators can request an opinion on the Constitutionality of the laws from the state's Attorney General. And that would be where the state will go if you pursue this. And so I suggest, you can begin with your legislators and ask them to seek the opinion and then you will have some information to make a better decision as to how you want to approach this.Attorneys who are licensed with the state Bar Association can help you. I suggest, you will want to seek a Civil Rights/Discrimination or Constitutional Attorney
Customer: replied 1 year ago.
What kind of chance did you think I would have by trying to get the state of mass to judge that these laws are unconstiutional
Expert:  Sam replied 1 year ago.
Helloi suggest highly unlikely. And that you should consider talking with your legislator first. Get the AG's opinions and then that will help you to decide what you should do.
Customer: replied 1 year ago.
any chance of getting the state to pay back the judgement if these law are found to be unconstitutioal
Customer: replied 1 year ago.
any way of getting this to federal court so that the fed gov can make a decision
Expert:  Sam replied 1 year ago.
Yes. You can skip the state courts and bring the matter directly to the Federal District Court.
Expert:  Sam replied 1 year ago.
Hello
You can file in federal court because you will alleging the laws are unconstitutional.