Bobrowski & Vickery, LLC

Bobrowski & Vickery, LLC Attorneys Paul Bobrowski and Peter Vickery focus on civil litigation, employment law, land-use law, landlord-tenant, estate planning. Bobrowski & Vic kery, LLC, represents clients throughout the Pioneer Valley and beyond.

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October 9, 2020: - In this short video, I describe the two key things housing providers need to know about when the Mass...
10/09/2020
What happens when the Massachusetts eviction moratorium expires?

October 9, 2020: - In this short video, I describe the two key things housing providers need to know about when the Massachusetts eviction moratorium expires: The Federal eviction moratorium ordered by the Centers for Disease Control (CDC) and Housing Court Standing Order 6-20.

http://petervickery.com/2020/10/09/what-happens-when-the-massachusetts-eviction-moratorium-expires/

October 9, 2020: – In this short video, I describe the two key things housing providers need to know about when the Massachusetts eviction moratorium expires: The Federal eviction moratorium …

October 6, 2020:- The Housing Court has issued a new standing order (SO 6-2) that will govern pending a newly-filed summ...
10/06/2020
Green light? Housing Court preparing to resume summary process cases

October 6, 2020:- The Housing Court has issued a new standing order (SO 6-2) that will govern pending a newly-filed summary process cases if the eviction moratorium expires on October 17 (and if the Legislature does not impose a new one). I will provide a synopsis in a future post. In the meantime, housing providers should note that: … [ 106 more words ]

http://petervickery.com/2020/10/06/green-light-housing-court-preparing-to-resume-summary-process-cases/

October 6, 2020:- The Housing Court has issued a new standing order (SO 6-2) that will govern pending a newly-filed summary process cases if the eviction moratorium expires on October 17 (and if th…

October 2, 2020:- They say a week is a long time in politics. But a whole year is not, apparently. And a whole year beyo...
10/02/2020
New eviction moratorium bill: Next time, try to remember funding

October 2, 2020:- They say a week is a long time in politics. But a whole year is not, apparently. And a whole year beyond the expiry of the state of emergency is how long the next eviction moratorium will last if the Joint Housing Committee of the Massachusetts Legislature gets its way. Under the new proposal, which now goes to Ways and Means and the Legislature as a whole, housing providers whose renters stop paying rent would be able to apply for a tax credit to cover the arrears "subject to availability." … [ 65 more words ]

http://petervickery.com/2020/10/02/new-eviction-moratorium-bill-next-time-try-to-remember-funding/

Did they forget the funding mechanism for the proposed new eviction moratorium in Massachusetts?

September 28, 2020:- Another small victory for freedom of expression in Massachusetts, again from a Federal judge rather...
09/29/2020
Eviction moratorium: federal judge criticizes compelled speech

September 28, 2020:- Another small victory for freedom of expression in Massachusetts, again from a Federal judge rather than the State courts. The key point? Housing providers should not have to promote organizations that seek to strip away their rights. In the case of Baptiste v. Kenneally, the U.S. District Court did not grant the plaintiffs an injunction against the Commonwealth's eviction moratorium, but did find that the regulations issued under it impermissibly burden free speech. [ 488 more words ]

http://petervickery.com/2020/09/28/eviction-moratorium-federal-judge-criticizes-compelled-speech/

September 28, 2020:- Another small victory for freedom of expression in Massachusetts, again from a Federal judge rather than the State courts. The key point? Housing providers should not have to p…

September 18, 2020:- The New Civil Liberties Alliance lawsuit against the CDC eviction moratorium order (Brown v Azar) a...
09/18/2020
Executive overreach: CDC eviction moratorium usurps Congress

September 18, 2020:- The New Civil Liberties Alliance lawsuit against the CDC eviction moratorium order (Brown v Azar) argues, among other things, that the agency's order flies in the face of the non-delegation doctrine. This is the doctrine that says that the legislature cannot delegate its authority to the executive because doing do would violate article 1, section 1 of the Constitution of the United States, which vests… [ 160 more words ]
http://petervickery.com/2020/09/18/executive-overreach-cdc-eviction-moratorium-usurps-congress/

September 18, 2020:- The New Civil Liberties Alliance lawsuit against the CDC eviction moratorium order (Brown v Azar) argues, among other things, that the agency’s order flies in the face of…

September 9, 2020:- The New Civil Liberties Alliance filed a complaint that challenges the constitutionality of the CDC'...
09/09/2020
Civil rights group challenges CDC eviction moratorium

September 9, 2020:- The New Civil Liberties Alliance filed a complaint that challenges the constitutionality of the CDC's order that purports to ban evictions nationwide. For the press release, click here. The organization is also seeking a temporary restraining order to prevent Health & Human Services Secretary Alex Azar implementing the order. My opinion, for what it's worth, is that the CDC order exceeds the agency's authority by a country mile. Stay tuned for updates.
http://petervickery.com/2020/09/09/civil-rights-group-challenges-cdc-eviction-moratorium/

September 9, 2020:- The New Civil Liberties Alliance filed a complaint that challenges the constitutionality of the CDC’s order that purports to ban evictions nationwide. For the press releas…

September 8, 2020:- Quite properly, Attorney General Maura Healey is cracking down on wage theft, according to this arti...
09/08/2020
Attorney General gets money for short-changed workers

September 8, 2020:- Quite properly, Attorney General Maura Healey is cracking down on wage theft, according to this article on MassLive. Wage theft is where a worker provides a service but does not get paid. It's a shame that housing providers who provide housing without getting paid can't look to the Attorney General for help.
http://petervickery.com/2020/09/08/attorney-general-gets-money-for-short-changed-workers/

September 8, 2020:- Quite properly, Attorney General Maura Healey is cracking down on wage theft, according to this article on MassLive. Wage theft is where a worker provides a service but does not…

Sometimes quitting would be great September 2, 2020:- Imagine they passed a law saying that you've got to go to work eve...
09/02/2020
She can’t even quit

Sometimes quitting would be great September 2, 2020:- Imagine they passed a law saying that you've got to go to work every day of the year, and if the company doesn't pay your wages, that's just too bad. You can't sue them. You can't go on strike. You can't even quit. I have a client who is in a position something like that. [ 853 more words ]
http://petervickery.com/2020/09/02/she-cant-even-quit/

Sometimes quitting would be great September 2, 2020:- Imagine they passed a law saying that you’ve got to go to work every day of the year, and if the company doesn’t pay your wages, th…

September 2,2020:- Yesterday the Centers for Disease Control & Prevention (CDC) issued an order prohibiting evictions. F...
09/02/2020
New federal eviction moratorium

September 2,2020:- Yesterday the Centers for Disease Control & Prevention (CDC) issued an order prohibiting evictions. For the fact sheet from the White House, click here. Before going any further, let me quote a pertinent passage: "This Order does not apply in any State... with a moratorium on residential evictions that provides the same or greater level of public health protection than the requirements listed in this Order." [ 162 more words ]
http://petervickery.com/2020/09/02/new-federal-eviction-moratorium/

September 2,2020:- Yesterday the Centers for Disease Control & Prevention (CDC) issued an order prohibiting evictions. For the fact sheet from the White House, click here. Before going any furt…

August 26, 2020:- Today Suffolk Superior Court Judge Paul D. Wilson declined to issue a preliminary injunction against t...
08/26/2020
Judge upholds eviction moratorium

August 26, 2020:- Today Suffolk Superior Court Judge Paul D. Wilson declined to issue a preliminary injunction against the Massachusetts eviction moratorium. Ruling that the moratorium does not amount to an uncompensated taking because "it does not does not deprive Plaintiffs of all economically viable use of their land" the judge also pointed out something that housing providers may find helpful: [ 95 more words ]
http://petervickery.com/2020/08/26/judge-upholds-eviction-moratorium/

August 26, 2020:- Today Suffolk Superior Court Judge Paul D. Wilson declined to issue a preliminary injunction against the Massachusetts eviction moratorium. Ruling that the moratorium does not amo…

July 30, 2020:- Perhaps I am a slow learner. But I think I just realized something important about the eviction moratori...
07/30/2020
Do we still need an eviction moratorium? Define “eviction.”

July 30, 2020:- Perhaps I am a slow learner. But I think I just realized something important about the eviction moratorium. Those following the Matorin v. EOHED case challenging Chapter 65 (the eviction moratorium) will know that earlier today the Superior Court held a hearing on the plaintiffs' motion for a preliminary injunction. What struck me while I was watching the oral argument was the size of the gap between the law's supposed purpose and its actual effect. [ 504 more words ]
http://petervickery.com/2020/07/30/do-we-still-need-an-eviction-moratorium-define-eviction/

July 30, 2020:- Perhaps I am a slow learner. But I think I just realized something important about the eviction moratorium. Those following the Matorin v. EOHED case challenging Chapter 65 (the evi…

July 29, 2020:- Today the Appeals Court reaffirmed that the employment relationship between a religious organization and...
07/29/2020
Discrimination and religious-freedom law update: Director of music ministries is a minister

July 29, 2020:- Today the Appeals Court reaffirmed that the employment relationship between a religious organization and its ministers is beyond the reach of the anti-discrimination laws. The court held that the "ministerial exemption" covered the job in question, namely director of music ministries, and that the trial judge was right to dismiss the plaintiff's age- and gender-discrimination case against her former employer. [ 55 more words ]
http://petervickery.com/2020/07/29/discrimination-and-religious-freedom-law-update-director-of-music-ministries-is-a-minister/

July 29, 2020:- Today the Appeals Court reaffirmed that the employment relationship between a religious organization and its ministers is beyond the reach of the anti-discrimination laws. The court…

July 27, 2020:- What if the law forced you to go to work every day and then, if the boss refused to pay your wages, proh...
07/27/2020
All work and no pay: Cancel the rent cancellation bill

July 27, 2020:- What if the law forced you to go to work every day and then, if the boss refused to pay your wages, prohibited you from suing? Imagine having to provide the service, and not being able to make the other side stick to their end of the deal. All work and no pay isn't fair. But that's the situation confronting many housing providers in Massachusetts right now. [ 108 more words ]
http://petervickery.com/2020/07/27/all-work-and-no-pay-cancel-the-rent-cancellation-bill/

July 27, 2020:- What if the law forced you to go to work every day and then, if the boss refused to pay your wages, prohibited you from suing? Imagine having to provide the service, and not being a…

July 23, 2020:- The federal Department of Housing and Urban Development (HUD) has published a new rule about affirmative...
07/23/2020
New fair housing rule from HUD Secretary Ben Carson

July 23, 2020:- The federal Department of Housing and Urban Development (HUD) has published a new rule about affirmatively furthering fair housing. It defines what the term "affirmatively further fair housing" actually means and makes it easier for communities to show that they are, indeed, doing just that (i.e. affirmatively furthering fair housing). This new rule replaces an old rule. [ 426 more words ]
http://petervickery.com/2020/07/23/new-fair-housing-rule-from-hud-secretary-ben-carson/

July 23, 2020:- The federal Department of Housing and Urban Development (HUD) has published a new rule about affirmatively furthering fair housing. It defines what the term “affirmatively fur…

July 21, 2020:- Today Massachusetts Governor Charlie Baker informed the Legislature of his decision to extend the evicti...
07/21/2020
Governor extends eviction moratorium, and “strongly encourages” tenants to pay rent

July 21, 2020:- Today Massachusetts Governor Charlie Baker informed the Legislature of his decision to extend the eviction moratorium to October 17, 2020. His letter includes the folowing: I am aware that the extension I am declaring today will impact many small landlords who rely on rental income to pay their own expenses. I strongly encourage tenants to continue to pay rent, and homeowners to make their mortgage payments, to the extent they are able while the moratoria remain in place. [ 105 more words ]
http://petervickery.com/2020/07/21/governor-extends-eviction-moratorium-and-strongly-encourages-tenants-to-pay-rent/

July 21, 2020:- Today Massachusetts Governor Charlie Baker informed the Legislature of his decision to extend the eviction moratorium to October 17, 2020. His letter includes the folowing: I am awa…

July 9, 2020:- Housing providers have been asking whether the Massachusetts eviction moratorium is an uncompensated taki...
07/09/2020
Is keeping people out of their own property a “taking”?

July 9, 2020:- Housing providers have been asking whether the Massachusetts eviction moratorium is an uncompensated taking. The short answer: For some housing providers, yes, the moratorium operates as a taking. Here's what I mean. Right to exclude Some years ago, the Supreme Court of the United States held that when the government takes away a property owner's right to exclude other people from their property, the government has, in a sense, physically invaded the property. [ 377 more words ]
http://petervickery.com/2020/07/09/is-keeping-people-out-of-their-own-property-a-taking/

July 9, 2020:- Housing providers have been asking whether the Massachusetts eviction moratorium is an uncompensated taking. The short answer: For some housing providers, yes, the moratorium operate…

June 30, 2020:-  Housing providers in Massachusetts may want to prepare for a referendum campaign. A new legislative pro...
07/01/2020
Referendum to the rescue? New bill would cancel the rent, ban evictions, and make Housing Court cases secret

June 30, 2020:- Housing providers in Massachusetts may want to prepare for a referendum campaign. A new legislative proposal, HD 5166, would cancel the rent, make Housing Court cases secret, and extend the eviction moratorium for 12 months after the end of he state of emergency. What do I mean by "cancel the rent"? After the end of the eviction moratorium--when rental-property owners would finally be allowed access to the courts again for nonpayment cases--the onus would be on the housing provider seeking unpaid rent to prove that the reason for nonpayment was… [ 269 more words ]
http://petervickery.com/2020/06/30/referendum-to-the-rescue-new-bill-would-cancel-the-rent-ban-evictions-and-make-housing-court-cases-secret/

June 30, 2020:- Housing providers in Massachusetts may want to prepare for a referendum campaign. A new legislative proposal, milker bill (also known as a juice bill). Whatever the proponents̵…

June 30, 2020:-  The eviction moratorium will expire in mid-August, unless Governor Baker prolongs it.  Unfortunately ac...
06/30/2020
Lawmaker calls on Governor to extend moratorium

June 30, 2020:- The eviction moratorium will expire in mid-August, unless Governor Baker prolongs it. Unfortunately according to this story in MassLive and this Tweet (below), Representative Kevin Honan is urging the Governor to extend the moratorium. I would not worry about a state representative weighing in but for the fact that this one is House chair of the Joint Committee on Housing and, therefore, somebody to whom the Governor might be inclined to listen. For my argument as to why the Governor should let the moratorium expire (principally its negative impact on affordable housing) click here.
http://petervickery.com/2020/06/30/lawmaker-calls-on-governor-to-extend-moratorium/

June 30, 2020:- The eviction moratorium will expire in mid-August, unless Governor Baker prolongs it. Unfortunately according to here.

June 19, 2020:- This Juneteenth please take some time to remember James H. Wolff, Esq., a naval veteran of the Civil War...
06/19/2020
Juneteenth: Remembering James H. Wolff, Esq.

June 19, 2020:- This Juneteenth please take some time to remember James H. Wolff, Esq., a naval veteran of the Civil War and co-founder of the first Black law firm in Massachusetts. Wolff was just 14 when he enlisted in the US Navy at the outbreak of the Civil War. Born to free parents in New Hampshire, he must have known that by volunteering to fight the Slave Power he was at risk of losing both his liberty and his life. [ 381 more words ]
http://petervickery.com/2020/06/19/juneteenth-remembering-james-h-wolff-esq/

June 19, 2020:- This Juneteenth please take some time to remember James H. Wolff, Esq., a naval veteran of the Civil War and co-founder of the first Black law firm in Massachusetts. Wolff was just …

June 17, 2020:- An eviction moratorium that applies to some properties (those with FHA-insured mortgages) just got exten...
06/18/2020
Eviction moratorium: HUD, Fannie, and Freddie extend through August

June 17, 2020:- An eviction moratorium that applies to some properties (those with FHA-insured mortgages) just got extended, as this mortgagee letter from the Department of Housing and Urban Development (HUD) and this FHFA news release explain. The decision does not mean that the broader federal eviction moratorium is being extended (only Congress can do that) or that the Massachusetts moratorium is being extended (only the Massachusetts Governor can do do that, or -- if it decides to amend the eviction-moratorium statute -- the Legislature). [ 168 more words ]
http://petervickery.com/2020/06/18/eviction-moratorium-hud-fannie-and-freddie-extend-through-august/

June 17, 2020:- An eviction moratorium that applies to some properties (those with FHA-insured mortgages) just got extended, as this mortgagee letter from the Department of Housing and Urban Develo…

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About Bobrowski & Vickery, LLC

Paul and I became law partners in 2019 and between us we have 47 years of legal experience. We focus on civil litigation, employment law, land-use law, landlord-tenant, estate planning, and general business law, including assisting businesses that are entering the Massachusetts cannabis market.

-- Peter Vickery, Esq.

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