Massachusetts General Laws

Mass. Gen. Laws ch. 185C, § 21 (2026)

Trial without jury; exception; report of inspector as prima facie evidence

✓ current as of July 2026

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Section 21. All cases in the housing court department, including motions and the like, whether interlocutory or final, shall be heard and determined by a justice of a division of the housing court department sitting without jury, except that in all cases where a jury trial is required by the constitution of the commonwealth or of the United States and the defendant has not waived his rights to a trial by jury, the cause shall be forthwith tried in a division of the housing court department before a jury selected in accordance with chapter two hundred and thirty-four. In the trial of any complaint or action in the housing court department, the report of any inspector serving in the housing inspection department of a city or the board of health of any city or town shall be prima facie evidence of the facts stated therein.

Notes of Decisions

Cited in 7 cases (1 in the last 5 years), 1985–2023 · leading case: New Bedford Hous. Auth. v. Olan, 758 N.E.2d 1039 (Mass. 2001).

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New Bedford Hous. Auth. v. Olan, 758 N.E.2d 1039 (Mass. 2001). “” Jury trials in summary process actions are currently available in the Housing Court (G. L. c. 185C, § 21), in the Superior Court (Uniform Sum.”

Rice v. James Hanrahan & Sons, 482 N.E.2d 833 (Mass. App. Ct. 1985). “175, § 4 (commissioner of insurance report regarding insurance company); G. L. c. 185C, § 21 (housing report); G. L.”

LeBlanc v. Sherwin Williams Co., 551 N.E.2d 30 (Mass. 1990). “In addition, G. L. c. 185C, § 21, provides that all cases *897 in the Housing Court be heard without a jury (except where a jury is constitutionally required).”

CMJ Mgmt. Co. v. Wilkerson (Mass. App. Ct. 2017). · cites it 2× “15 of the Massachusetts Declaration of Rights 9 and G. L. c. 185C, § 21, 10,11 9 Article 15 provides, in pertinent part: "In all controversies concerning property, and in all suits between two or more persons, except in cases in which it has heretofore been otherways used and…”

Cort v. Majors (Mass. App. Ct. 2017). “15 of the Massachusetts Declaration of Rights1 and G. L. c. 185C, § 21,2 1 Article 15 of the Massachusetts Declaration of Rights provides, in pertinent part: "In all controversies concerning property, and in all suits between two or more persons, except in cases in which it has…”

Town of Hull v. Kansky, 102 N.E.3d 1032 (Mass. App. Ct. 2018). “See G. L. c. 185C, § 21, inserted by St. 1978, c.”

Commonwealth v. Guardado (Mass. 2023). “90, [§ 24 (4)] (court record of a prior conviction if accompanied by other documentation); G. L. c. 185C, § 21 (report of inspector in housing court); G.”

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