Adjartey v. Cent. Div. of the Hous. Court Departmentand, 120 N.E.3d 297 (2019)

Citation: Adjartey v. Cent. Div. of the Hous. Court Departmentand, 120 N.E.3d 297 (2019)
Parent Document: Adjartey v. Cent. Div. of the Hous. Court Departmentand, 120 N.E.3d 297 (2019)
Jurisdiction: Massachusetts (state)
Effective Date: 2019-04-10
Original Source: https://www.courtlistener.com/opinion/7178223/adjartey-v-cent-div-of-the-hous... ↗

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**860A residential defendant facing execution may apply to the court for a stay of execution pursuant to G. L. c. 239, §§ 9 - 10, if his or her tenancy was terminated without fault and not based on a failure to pay rent. G. L. c. 239, § 9. Upon receiving an application for a stay of execution, the court shall hold a hearing. G. L. c. 239, § 10. If, at this hearing, the court finds that "the premises of which possession is sought to be recovered are used for dwelling purposes; that the applicant cannot secure suitable premises for himself [or herself] and his [or her] family elsewhere within the city or town in a neighborhood similar to that in which the premises occupied by him [or her] are situated; that he [or she] has used due and reasonable effort to secure such other premises; that his [or her] application is made in good faith and that he [or she] will abide by and comply with such terms and provisions as the court may prescribe; or that by reason of other facts [a stay of execution] will be warranted," the court may grant a stay of up to six months, or twelve months in the case of premises occupied by a person who is disabled or at least sixty years of age. G. L. c. 239, §§ 9 - 10.

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