Real-estate attorney Richard Vetstein reports a Housing Court justice yesterday ruled the Boston Public Health Commission went too far in imposing a ban on evictions as a public-health measure.
In her ruling, Justice Irene Bagdoian wrote:
This court perceives great mischief in allowing a municipality or one of its agencies to exceed its power, even for compelling reasons. . . . In this court’s view, such expansion of power by a governmental agency, even for compelling reasons, should be unthinkable in a democratic system of governance.
The case was initially filed on behalf of a Mattapan landlord who began trying to evict tenants in 2019 over non-payment of rent; a constable who faced a loss of revenue because he could not serve eviction notices also joined the suit. Vetstein filed an amicus brief in the case on the side of the landlord.
The Globe reports Mayor Wu is looking at whether to appeal the ruling of the measure, enacted under then acting Mayor Kim Janey.