This course is a one semester course combining substantive law surrounding the relationship between residential real estate owners and/or lessors and their lessees with practical applications including a wide range of lawyering skills such as how to prepare for and conduct an initial client meeting, client communications, court hearings with an emphasis on ethical issues, research and investigations, strategic counseling, and courtroom performance.
Students will examine strategic approaches to: (1) eviction bench trials with defenses and counterclaims including discrimination, retaliation, breach of warranty, breach of contract, and violations of the Massachusetts Consumer Protection Law (Chapter 93A), (2) injunctions seeking to void the tenancy based upon criminal conduct, and (3) temporary restraining orders seeking to compel landlords to remedy health code violations or stop a move out.
This class will provide students with the practical skills needed for engaging in mediation and alternative dispute resolution, preparing for an eviction bench trial, evidentiary hearings and motions. We will examine the development of Housing Law during the current pandemic and legislative moratorium on certain evictions, virtual hearings/trials, access to justice, pro se litigants, and the legalization of marijuana in the areas of reasonable accommodation and federally subsidized housing.
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