In September of 2023, the Cape Cod chapter of the Democratic Socialist of America (DSA) contacted NLG-Mass Chapter for legal advice on a tenant organizing issue. The tenants in question were veterans and families of veterans living in a repurposed motel in Sandwich, MA, that was operating under the name of the “Liberty Lodge.” As was covered in the in Cape Cod Times, tenants at the Liberty Lodge organized in response to poor conditions and lack of transparency around the owner’s interest – specifically, whether housing was being provided on a non-profit or for-profit basis. Most significantly, the Town of Sandwich had informed the landlord that, because the property was still zoned as a motel, stays over 30 days were prohibited by law. This came as a shock to many residents who had lived there for months or years.
In response to a call for help on the NLG-Mass mailing list, I met with a group of tenants and DSA members to provide legal advice on organizing. I explained the basics of landlord-tenant law, helped draft a letter to the Office of the Attorney General, and initiated a public records request to better understand the Town’s position on the situation. Meanwhile, the tenants, with assistance from Cape Cod DSA organizers, banded together to state their demands to the landlord. Unfortunately, despite incredible work by the tenants and their supporters in the DSA, the union was not able to obtain the relief they sought.
In late 2023, the landlord began eviction proceedings against a number of tenants who had withheld rent in response to the landlord’s conduct. I went on to represent one of those tenants in her eviction proceeding. The tenant alleged counterclaims, including several violations of the Massachusetts consumer protection law, Chapter 93A. After months of counseling with the tenant, I was able to broker an agreement for judgment under which approximately one year of back rent would be discharged in exchange for a release of counterclaims and a six-week move out date.
After the judgment was entered, DSA members continued to help the tenant locate affordable housing. Thanks in large part to the heroic efforts of multiple organizers, the tenant was able to navigate the public housing system, receive a voucher, and find a landlord who would accept it – all while dealing with the enormous stress of not being permanently housed. I am happy to report that, as of August 2024, the tenant is in safe, stable, affordable housing. However, while this story has a positive, if not perfect, ending, it also highlights the many challenges and injustices faced by tenants in Massachusetts, especially those dealing with housing insecurity. Without the extraordinary resilience of the tenant and the support of DSA organizers, this case may have turned out very differently.
Moreover, there is an ongoing question of accountability. The public records I obtained in April 2024 show that the landlord knew as early as May 2022 that the property was not zoned for long-term residence – yet the Liberty Lodge continued to hold itself out as an affordable housing option for veterans until at least January 2023. Additionally, although counsel for the landlord told the Town that it would operate as a non-profit, no such entity was ever formed. Despite the tenants’ credible claims of illegal lease terms and unfair business practices, the Attorney General’s Office opted not to intervene. The Town of Sandwich was more supportive, explaining that it would not force the tenants out of the Liberty Lodge and directing the landlord to provide a plan to address the zoning violations or relocate the residents by October 10, 2023. However, records show that as of January 2024, the landlord had not submitted such a plan.
This case is a reminder of the good we, as Guild members, can do using our legal and other training to benefit people in our communities. It is also, however, a reminder of the urgent need for change both within the legal system and in society writ large. I hope this story inspires you to continue or deepen your involvement with the Guild and to consider volunteering your expertise the next time the call goes out.
Mason A. Kortz
NLG-Massachusetts Member
