In this case, yes. The Appeals Court held that once a landlord accepted a tenant’s RAFT rental assistance payment and reinstated the tenancy, there was nothing left to decide, and it ordered the Housing Court to dismiss the eviction case as moot. This is an unpublished Appeals Court decision under Rule 23.0, which courts may cite as persuasive but not as binding precedent.
What happened
A landlord won a judgment for possession in a summary process case and sought to carry out the eviction. At a hearing in the Housing Court, the tenant showed she had been approved for RAFT rental assistance and that the program had sent the landlord the payment. The landlord’s lawyer confirmed the landlord received the check but said it would not accept the funds, so as not to compromise its ability to obtain possession. In a May 2, 2022 order, the judge ruled that because the tenant’s application was no longer pending, the pandemic-era rental assistance protections no longer applied, and the landlord did not have to accept funds on conditions that would compromise its right to possession. The judge allowed the landlord to levy on the execution on May 13, 2022, with a short stay so the tenant could seek review. On May 24, 2022, a single justice of the Appeals Court stayed the eviction pending appeal. Later, the landlord accepted the RAFT funds and reinstated the tenancy.
What the court decided
In 9 Clement Street LLC v. Lowery, No. 22-P-1035 (Mass. App. Ct. Feb. 5, 2024) (Rule 23.0 decision), 103 Mass. App. Ct. 1121, the Appeals Court dismissed the appeal as moot.
Courts decide only live disputes. A case becomes moot when the party who claimed harm no longer has a personal stake in the outcome and the court can no longer give effective relief. Here, because the landlord accepted the RAFT funds and reinstated the tenancy, the court found no remaining controversy. It sent the case back to the Housing Court with directions to dismiss the summary process action itself, not just the appeal.
The court did not decide whether the Housing Court was right that a landlord may refuse rental assistance funds that come with conditions affecting its right to possession. That question became moot once the landlord took the money.
The court noted that the pandemic-era protection the Housing Court discussed was codified in G.L. c. 239, § 15, on August 9, 2023. In a nonpayment case where the tenancy is ending only for nonpayment caused by financial hardship, and the tenant shows a pending application for emergency rental assistance, § 15 requires the court to grant a continuance, to stay execution on a judgment for possession, and not to enter judgment or issue an execution until the application is approved or denied.
The tenant also questioned a $550 levy cancellation fee. The court did not reach that issue, because the landlord never moved to amend the judgment to add it. If the landlord charged the fee to the tenant’s account, the court said, the parties must resolve it in a separate proceeding. The parties told the court that a later summary process case between them was pending, and that case was not before the court.
What this means for you
If you are behind on rent, rental assistance can do more than pay the balance. When a landlord accepts the money and reinstates your tenancy, the old eviction case can end entirely, with the court ordering the whole case dismissed rather than only the appeal.
But the decision does not say a landlord must accept rental assistance after judgment. The Housing Court ruled that this landlord could refuse the funds, and the Appeals Court never reviewed that ruling. Do not assume a check from a program will stop an eviction on its own.
Timing matters. The strongest protection in G.L. c. 239, § 15 applies while an application is pending and the case is based only on nonpayment caused by financial hardship. Apply early, and tell the court about the application at the earliest stage you can.
If a landlord accepts assistance and reinstates you but then adds fees to your account, those charges may need to be challenged separately.
What to do now
- Apply for rental assistance as soon as you fall behind, and keep proof of the application and every update.
- Bring that proof to court and ask for a continuance or a stay under G.L. c. 239, § 15.
- If the program pays the landlord, find out in writing whether the landlord accepted the funds and on what terms.
- If the landlord accepts and reinstates your tenancy, ask the court to dismiss the case.
- Check your account for added fees and dispute any you do not owe.
If this is your situation, call Doubleday Law at (617) 575-2006 or tell us what happened. Housing Court deadlines are short.
Prior results do not guarantee a similar outcome.
