Tensions are high after Judge Bagdoian of the Boston Housing Court ruled to end the moratorium on evictions.
“This court perceives great mischief in allowing a municipality or one of its agencies to exceed its power, even for compelling reasons. . . . In this court’s view, such expansion of power by a governmental agency, even for compelling reasons, should be unthinkable in a democratic system of governance.” the judge commented with strong words.
She ruled that the City of Boston’s moratorium unlawfully interfered with the judicial functions of the Housing Court in overseeing eviction cases. And exceeded the emergency statutory powers of the Boston Public Health Commission.
In August, the U.S. Supreme Court’s the nationwide eviction moratorium enacted by the Centers for Disease Control was overturned. The citywide moratorium was implemented immediately after the Supreme Court’s decision by Acting Mayor Kim Janey. Who was mayor of Boston at the time.
This tied the hands of landlords and constables being able to enforce move-out orders (executions). It prohibited them from doing their jobs because the “temporary” order had no end date. Which sparked the lawsuit challenging the moratorium.
It was filed by Janet Avila, a Mattapan woman whose tenant owed her $29,000 in back rent. As well as a constable who the city has blocked from executing evictions. In a separate case which was combined with the Avila case, the city of Hingham took the unusual step of issuing the threat of revoking the licenses of all licensed city constables if they didn’t obey the moratorium.
The judge concluded that without special legislative approval, individual cities cannot opt-out of things they feel are harmful to tenants. Since the Legislature has enacted a comprehensive statutory scheme to regulate evictions.
According to the Boston Globe, current Boston Mayor Michelle Wu has indicated the City will seek a stay of the ruling.
