A Housing Court judge yesterday denied the city's request to let its pandemic-related ban on evictions continue as it appeals her earlier decision to dismiss the ban.
Attorney Richard Vetstein, who filed an amicus brief supporting the landlords in this case, posted a copy of Housing Court Judge Irene Bagdoian's somewhat blistering decision, in which she once again said the city basically has some nerve trying to get around state housing law, that even without the ban, tenants can go to court to fight eviction and that the city's effort to negate, even if temporarily, her earlier ruling is jeopardizing the public's belief in an impartial and independent court system - in one of the few states with a constitution that explicitly separates the powers of the three branches of government.
In addition to not granting a stay of her earlier order banning the city eviction ban during an appeal, Bagdoian also ruled against two tenants, one of whom has a landlord who has been trying to evict her since 2017, well before the pandemic - and who agreed last year in court to seek a new apartment and then didn't.
Bagdoian also informed city attorneys that she keeps up with the local news, in tossing the city of Boston's attempt to get itself dismissed from the case on the grounds that the Boston Public Health Commission - which formally enacted the ban - is independent of the city, even though its directors are appointed by the mayor and has worked closely with other city agencies on Covid-19 issues.
The City's claim of non-involvement is further called into question by statements by the current elected Mayor of Boston widely disseminated in the print and broadcast media (which this Court could not avoid) that she was "disappointed with" this Court's decision invalidating the Boston Moratorium and would likely seek to appeal it (When asked during the hearing whether the current Mayor was aware that the City of Boston was seeking to be dismissed from this action, the attorney for the City of Boston said, "I don't know. I can find out.")