Massachusetts General Laws

Mass. Gen. Laws ch. 239, § 9 (2026)

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✓ current as of July 2026

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Section 9. In an action of summary process to recover possession of premises occupied for dwelling purposes, other than a room in a hotel, or a dwelling unit in a lodging house or rooming house wherein the occupant has maintained such occupancy for less than three consecutive months, where a tenancy has been terminated without fault of the tenant, either by operation of law or by act of the landlord, except by a notice to quit for nonpayment of rent as provided in section twelve of chapter one hundred and eighty-six, a stay or stays of judgment and execution may be granted, as hereinafter provided, for a period not exceeding six months or for periods not exceeding six months in the aggregate, or, for a period not exceeding twelve months or for periods not exceeding twelve months in the aggregate in the case of premises occupied by a handicapped person or an individual sixty years of age or older, as the court may deem just and reasonable, upon application of the tenant or the surviving spouse, parent or child of a deceased tenant if such spouse, parent or child occupied said premises for dwelling purposes at the time when said tenancy was terminated and such occupancy was not in violation of the terms of the tenancy; provided, however, that a stay or stays of judgment and execution in the case of premises occupied by an employee of a farmer conditioned upon his employment by such farmer and which employment has been legally terminated shall not be granted for a period exceeding two months or for periods exceeding two months in the aggregate. For the purpose of this section, the words ''handicapped person'' shall mean a person who:

(a) has a physical or mental impairment which substantially limits such person's ability to care for himself, perform manual tasks, walk, see, hear, speak, breathe, learn or work; or

(b) has a physical or mental impairment which significantly limits the housing appropriate for such person or which significantly limits such person's ability to seek new housing; or

(c) would be eligible for housing for handicapped persons under the provisions of chapter one hundred and twenty-one B.

Notes of Decisions

Cited in 10 cases (3 in the last 5 years), 1969–2025 · leading case: Adjartey v. Cent. Div. of the Hous. Court Departmentand, 120 N.E.3d 297 (Mass. 2019).

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Adjartey v. Cent. Div. of the Hous. Court Departmentand, 120 N.E.3d 297 (Mass. 2019). · cites it 5× “10 See G. L. c. 239, §§ 9 - 10. The complexity of a summary process eviction is exacerbated by the web of applicable statutes and rules.”

Poutahidis v. Clingan, 2001 Mass. App. Div. 217 (Mass. Dist. Ct., App. Div. 2001). · cites it 4× “A, Rule 8C, appeal presents the following three issues: (1) whether the plaintiff could maintain a summary process action by relying upon a notice to quit served by the previous owner, without any assignment of rights; (2) whether the trial judge abused his discretion in denying…”

In re VanBuskirk, 511 B.R. 220 (Bankr. D. Mass. 2014). · cites it 2× “In addition, they assert that Scott’s remainder interest in the Family Trust coupled with his living in unit 1 further reduces the value of their interests because Scott is disabled and Mass. Gen. Laws ch. 239, § 9 prevents eviction of a disabled person for one year.”

LoRusso v. Talbot, 1999 Mass. App. Div. 301 (Mass. Dist. Ct., App. Div. 1999). “We need not decide whether, on this record, the judge abused his discretion in denying any stay under G.L.c. 239, §9. The Tenant’s appeal pursuant to Dist.”

Emigrant Mortg. Co., Inc. v. Bourke (D. Mass. 2025). · cites it 5× “oppose the motion and have requested a further stay of execution pursuant to M.G.L. c. 239, § 9. Docket No. 105. For the following reasons, this Court grants the Plaintiffs’ motion.”

Steven Cosmos v. Anthony Savarese. (Mass. App. Ct. 2023). · cites it 3× “The judge also concluded that Savarese was not entitled to a stay of execution under G. L. c. 239, §§ 9, 10, and ordered that execution "shall issue no later than ten .”

Saipe v. Sullivan & Co., Inc. (Mass. 2021). “'" The judge awarded possession to the landlord, but in recognition that Saipe "has a disability which -- to some degree -- has impeded his ability to secure alternative housing at the same pace as another tenant without such disabilities," she granted Saipe "a reasonable…”

Webster Bank, N.A. v. Hilton, 111 N.E.3d 1113 (Mass. App. Ct. 2018). “" G. L. c. 239, § 9. In part because Hilton did not perfect an appeal from the summary process judgment and she could have had no reasonable expectation that the order on her rule 60(b) motion would be reversed, the judge did not abuse her discretion by granting a conditional…”

Nat'l Hous. v. West, 2001 Mass. App. Div. 188 (Mass. Dist. Ct., App. Div. 2001). “” The preceding section, G.L.c. 239, §9, unequivocally limits a stay of execution on a judgment for possession to those cases *189 where a tenancy has been terminated without fault of the tenant, either by operation of law or by act of the landlord, except by a notice to quit…”

Redgate v. Boston Redevelopment Auth., 311 F. Supp. 43 (D. Mass. 1969). “3 Plaintiffs alternatively allege that they were denied equal protection *45 of the laws because a Massachusetts statute, G.L. c. 239 § 9, provides that a tenant may, in the discretion of the court, obtain a stay of eviction up to six months, a right which chapter 79 does not…”

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