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.

Operating as usual

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…

June 15, 2020:-  Before the Massachusetts Legislature imposed an eviction moratorium, Congress enacted a limited morator...
06/16/2020
Senate to consider extending and expanding eviction moratorium

June 15, 2020:- Before the Massachusetts Legislature imposed an eviction moratorium, Congress enacted a limited moratorium of its own. It lasts 120 days and is confined to properties participating in federal programs including, at the very outer edge, properties with federally-backed mortgage loans. CARES Act, section 4024 (page 574 of the PDF). The 120-day period started running on March 27 so expires on July 25. [ 1,069 more word ]
http://petervickery.com/2020/06/16/senate-to-consider-extending-and-expanding-eviction-moratorium/

June 15, 2020:- Before the Massachusetts Legislature imposed an eviction moratorium, Congress enacted a limited moratorium of its own. It lasts 120 days and is confined to properties participating…

June 11, 2020:-  Here's a grip-and-grin photo of Governor Charlie Baker and yours truly back in 2018 (I'm the one with t...
06/11/2020
Governor Baker, let the eviction moratorium expire

June 11, 2020:- Here's a grip-and-grin photo of Governor Charlie Baker and yours truly back in 2018 (I'm the one with the beard). If I met the Governor again today and could ask him one thing, it would be to let the eviction moratorium expire. Why? Because, as I point out in my latest article for MassLandlords, the eviction moratorium is making affordable housing even scarcer.
http://petervickery.com/2020/06/11/governor-baker-let-the-eviction-moratorium-expire/

June 11, 2020:- Here’s a grip-and-grin photo of Governor Charlie Baker and yours truly back in 2018 (I’m the one with the beard). If I met the Governor again today and could ask him on…

June 1, 2020:-  What is there to say today. Following the slow and public killing of George Floyd by an agent of the sta...
06/01/2020
A dangerous servant

June 1, 2020:- What is there to say today. Following the slow and public killing of George Floyd by an agent of the state, there is some valuable discussion about the doctrine of qualified immunity, e.g. this article in reason, and some renewed interest in a subject that was in the news before COVID 19, e.g. this 2019 post from the ACLU on the way collective bargaining agreements stymie reform. [ 60 more words ]
http://petervickery.com/2020/06/01/a-dangerous-servant/

June 1, 2020:- What is there to say today. Following the slow and public killing of George Floyd by an agent of the state, there is some valuable discussion about the doctrine of qualified immunit…

May 28, 2020:- Alleging that the eviction moratorium operates as a taking of their property without just compensation, a...
05/28/2020
Hot news: lawsuit over eviction moratorium in NY

May 28, 2020:- Alleging that the eviction moratorium operates as a taking of their property without just compensation, a group of housing providers in New York have filed suit in federal court, according to the New York Law Journal. Stay tuned.
http://petervickery.com/2020/05/28/hot-news-lawsuit-over-eviction-moratorium-in-ny/

May 28, 2020:- Alleging that the eviction moratorium operates as a taking of their property without just compensation, a group of housing providers in New York have filed suit in federal court, acc…

Landlords Sue Over Cuomo's Order Extending Eviction Moratorium During Pandemic | New York Law Journal
05/28/2020
Landlords Sue Over Cuomo's Order Extending Eviction Moratorium During Pandemic | New York Law Journal

Landlords Sue Over Cuomo's Order Extending Eviction Moratorium During Pandemic | New York Law Journal

A group of landlords in Westchester County on Thursday sued New York Gov. Andrew Cuomo over his executive order extending a moratorium on evictions during the COVID-19 crisis, saying the measure violated their contract and due process rights and amounted to an improper taking of their property under...

May 28, 2020:- According to this report in News Brig, the New York legislature voted to extend the moratorium on residen...
05/28/2020
NY lawmakers extend eviction moratorium

May 28, 2020:- According to this report in News Brig, the New York legislature voted to extend the moratorium on residential evictions to last as long as the state of emergency. Originally, the moratorium was scheduled to expire in August. Unlike Massachusetts (whose eviction moratorium will end on August 18 unless the Governor extends it)* New York's moratorium is confined to cases where the reason for non-payment is related to COVID 19. [ 81 more words ]
http://petervickery.com/2020/05/28/ny-lawmakers-extend-eviction-moratorium/

May 28, 2020:- According to this report in News Brig, the New York legislature voted to extend the moratorium on residential evictions to last as long as the state of emergency. Originally, the mor…

May 26, 2020:- The eviction moratorium (Chapter 65) is still in effect. The earliest date on which is will expire is Aug...
05/26/2020
Eviction moratorium still in effect

May 26, 2020:- The eviction moratorium (Chapter 65) is still in effect. The earliest date on which is will expire is August 18 (120 days after Chapter 65 became law). However, the Governor could extend it by 90 days, and keep doing so until 45 after the end of the state of emergency. End? When will the state of emergency end? [ 86 more words ]
http://petervickery.com/2020/05/26/eviction-moratorium-still-in-effect/

May 26, 2020:- The eviction moratorium (Chapter 65) is still in effect. The earliest date on which is will expire is August 18 (120 days after Chapter 65 became law). However, the Governor could ex…

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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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