The Southeast Division of the Housing Court Department

This is a Massachusetts State Auditor review of the Southeast Division of the Housing Court, which serves parts of Bristol and Plymouth counties and handles housing-related court cases.

“The Southeast Division of the Housing Court Department (SHC) presides over housing-related matters falling within its territorial jurisdiction, which encompasses 47 cities and towns in Bristol and Plymouth counties.”

Auditors checked whether the court had good controls over money, fees, payroll, attendance, inventory, and case files, and whether it followed the rules in those areas.

“The objectives of our audit were to assess the adequacy of the SHC’s internal controls over cash receipts, expenses, housing court fees, payroll, time and attendance records, and fixed asset inventory and to assess its maintenance of housing case files and determine whether a case backlog exists.”

If you are involved in a housing dispute, this court may handle your case and may also offer mediation to help both sides reach an agreement.

“The SHC also provides mediation services to encourage and facilitate the resolution of pending cases to assist parties in reaching mutually acceptable agreements.”

The audit did not report major failures in the areas tested, but it raised a concern that fee waiver information was not required to be verified.

“However, the current waiver application process as established by Chapter 261 does not provide for courts to verify any of the information an individual submits unless the Affidavit that is filed by the person seeking the waiver does not appear to be complete.”

The report suggests that court officials consider changing the fee-waiver process so courts can verify information from people asking not to pay filing fees.

“Since the amount of fees being waived by the SHC and possibly other courts can constitute a significant amount of the court’s revenue, the AOTC and the Housing Court Department should consider taking measures, including amending Chapter 261, Section 27C, of the General Laws, to require courts such as the SHC to verify the information submitted by individuals who request a waiver of fees.”

The issue was not just a small bookkeeping detail: most civil and small-claims fees assessed during the audit period were waived, and auditors said this pattern affected all five housing court divisions.

“Based on our conversations with SHC officials and our review of other court data, the high percentage of waivers granted is not unique to the SHC and affects all five housing court divisions.”