Landlord, Constable Sue Boston Over Its Eviction Moratorium

Bisnow/Andrew Martinez
Acting Boston Mayor Kim Janey Speaks To The Media Sept. 1, 2021 In Allston.

A landlord and a constable are challenging Boston’s eviction moratorium in Housing Court, taking a preliminary injunction request before a judge next week.

Mattapan landlord Janet Avila and constable David Boudreau earlier this week filed a lawsuit over the ban acting Mayor Kim Janey enacted in September. The moratorium was put in place a week after the federal eviction ban expired and has no end date. A preliminary injunction hearing is scheduled for 10 a.m. Tuesday in Boston.

The suit also names leaders of the Boston Public Health Commission as defendants. The lawsuit was first reported by the Boston Globe.

“The fact that the Boston moratorium is indefinite is kind of secondary to the fact that it exists at all,” attorney Mitchell Matorin, representing the defendants, told Bisnow Friday. “It wouldn’t be any less violative of the Massachusetts constitution and it wouldn’t be any more supported by the legal authorities that the Boston commission tried to rely on.”

Attorney Jordana Roubicek Greenman, also representing the plaintiffs, didn't respond to a request for comment. A spokesperson for Janey's office declined to comment on pending litigation in a Friday email.

Avila was given a $29K judgment in her favor on Aug. 31 in an eviction for nonpayment of rent case that began in 2019, Housing Court records show. That judgment was handed down the same day Janey announced the Boston moratorium. The ban has cost constable Boudreau $10K a month in income and he risks foreclosure of his own home, the suit states.

The complaint appears to be the first legal challenge to the ban that came down during the Boston market’s busiest move-in day and affected landlords “in a very visceral and very real way,” Boston Pads CEO Demetrios Salpoglou told Bisnow at the time of the ban. Some smaller landlords have been forced to sell their properties over lost income during the federal eviction moratorium, according to the Small Property Owners Association.

Continue reading this story with a free account

Log in or register
Sign up for more articles like this
Subscribe to Bisnow's Boston Newsletters
Related Stories

Pace Of NYC Housing Construction Plunges As Developers Play Small Ball

Alliance Building Houston-Area Complex Amid Declining Multifamily Construction

Alexandria Sells Cambridge Lab Condo Units For $45M

PMC Proposes 31-Story Apartment Building In Center City West

Jemals Sell Georgetown Building To Developer Planning Conversion

Developers Line Up To Convert Boston Offices To Housing, But Most Still Stuck At Starting Gate

To Rein In Costs, Philly Affordable Housing Players Look To Become 'Less Reliant On Consultants'

State's High Court Allows $325M Boston Soccer Stadium Project To Proceed

Oxford Properties Pays $435M For Boston Office Tower, Eyes More Deals

Rent Concessions Dip As Fewer Apartments Come Online

AvalonBay, Equity Residential Selling Boston Towers As Part Of Merger Settlement

Suburban Industrial Campus Trades For $47M: The Boston Deal Sheet