Mass. Gen. Laws » Part II Title I Chapter 185C
Massachusetts General Laws

Mass. Gen. Laws ch. 185C, § 19 (2026)

Commencement of proceedings; fees; non-willful offense deemed non-criminal

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Section 19. Proceedings shall be commenced in the housing court department as follows: a criminal case by complaint in like manner as in the district court department, a civil action in accordance with the Massachusetts Rules of Civil Procedure; provided, however, that a summary process action and a small claims action shall be commenced and administered in accordance with rules promulgated with the approval of the supreme judicial court. Clerks of the housing court department shall charge a fee of $120 for the entry of an action, for the filing of a third-party complaint, and for the filing of a motion to intervene as plaintiff, which shall be paid by the party entering or filing the same; and no other fee shall be charged for taxing costs, for issuing any subpoena or execution or for issuing any order of notice or other mesne, interlocutory or final order, rule, decree of process authorized by law, except a temporary restraining order or preliminary injunction for the issuance of which the clerk shall charge $90; provided, however, that no fee for the entry of an action or for the issuance of a temporary restraining order or preliminary injunction shall be charged to the commonwealth or political subdivision thereof.

Notwithstanding that a proceeding under this chapter is commenced by complaint, if it is found that the offense charged was not willful, intentional, reckless or repeated, the proceeding shall not be deemed criminal and no record of the case shall be entered in the probation records.

Notes of Decisions
Cited in 7 cases, 1979–2019 · leading case: Simmons v. Clerk-Magistrate of the Boston Div. of the Hous. Court Dep't, 448 Mass. 57 (Mass. 2006).
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Simmons v. Clerk-Magistrate of the Boston Div. of the Hous. Court Dep't, 448 Mass. 57 (Mass. 2006). · cites it 8× “In accordance with G. L. c. 185C, § 19, clerks of the Housing Court Department charge “a fee of $120 for the entry of an action .”
Katz v. Commonwealth, 399 N.E.2d 1055 (Mass. 1979). · cites it 2× “G. L. c. 185C, § 19. Commonwealth v. Haddad, 364 Mass.”
Gordon v. Fay, 413 N.E.2d 1094 (Mass. 1980). · cites it 2× “” G. L. c. 185C, § 19. 6 *68 The procedure for the commencement of criminal complaints for misdemeanors in the District Court is governed by G.”
Lowell Hous. Auth. v. PSC Int'l, Inc., 692 F. Supp. 2d 180 (D. Mass. 2010). “In Simmons, the court held that housing authorities are not “political subdivisions of the commonwealth” for purposes of Mass. Gen. Laws c. 185C § 19, notwithstanding the fact that Mass.”
Bd. of Health of Northbridge v. Couture, 125 N.E.3d 98 (Mass. App. Ct. 2019). “Prior to trial, the judge, with the assent of the parties, deemed the matter to be a civil action pursuant to G. L. c. 185C, § 19. 2 Couture also argues that the board failed to introduce a certified copy of the applicable local regulations, and therefore the jury could not…”
Safe Haven Sober Houses, LLC v. City of Boston, 517 F. Supp. 2d 557 (D. Mass. 2007). “” Mass. Gen. Laws ch. 185C, § 19 (2007). 10 .”
Loring Towers Assocs. v. Furtick, 6 N.E.3d 563 (Mass. App. Ct. 2014). “Express legislative intent, moreover, to permit third-party practice appears in G. L. c. 185C, § 19 (requiring clerks of the Housing Court to impose a fee of $120 for the filing of a third-party complaint or a motion to intervene as a plaintiff).”
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