Product Description

Recent updates:

• Update: December 2024

  Dear Subscriber:

  Thank you for updating your reference library with the 2024 edition of Residential and Commercial Landlord-Tenant Practice in Massachusetts . This edition brings the latest in landlord-tenant law and procedure within your immediate reach—for fast answers to the questions that arise most frequently in your practice.

  There have been numerous important developments in the two years since this publication was last updated. Highlights from the 2024 edition include

  • enactment of the Affordable Homes Act, which included, among other provisions, mandatory language for tenant rental applications and pro-tections for sealed eviction records;

  • extensive procedural changes set forth in Housing Court Standing Or-der No. 1-23, effective June 5, 2023:g
    • use of eSummons to obtain a summons and complaint for a sum-mary process action in Housing Court;
    • establishment of a two-tier process for Housing Court proceedings, with an initial date for mediation and negotiation and a subsequent trial date; and
    • specification of the kinds of events that would normally be con-ducted through in-person and remote hearings;

  • an overview of notices to quit;

  • a 2023 Appeals Court case permitting the use of email to invoke a non-renewal provision in a commercial lease despite contrary provisions in the lease document;

  • recent case law on liquidated damages; and

  • updated discussions of postforeclosure eviction and related issues such as use and occupancy payments, appeal bonds, bankruptcy, and pre-foreclosure face-to-face meetings.

  With this latest edition, Residential and Commercial Landlord-Tenant Practice in Massachusetts remains an essential companion for any lawyer handling a landlord-tenant mat-ter in Massachusetts. We at MCLE thank you for your ongoing support of this product, as we continue our efforts to bring you the latest solutions to the issues you face in your practice.

  Cordially,

  MCLE Press

Table of Contents

Chapter 1 expand

Conceptions of Privacy and Security in a Digital World

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Stephen Y. Chow, Esq., Stephen Y. Chow, PC

Chapter 2 expand

The Electronic Communications Privacy Act

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Peter J. Guffin, Esq., Pierce Atwood LLP
Vivek J. Rao, Esq., Pierce Atwood LLP

Exhibit 2A

- Wiretap Report 2019 Buy Form

Chapter 3 expand

Computer Fraud and Abuse Act

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Alexandra Capachietti, Esq., Executive Office of the Trial Court
Brooke A. Penrose, Esq., Burns & Levinson LLP
Howard J. Susser, Esq., Burns & Levinson LLP

Exhibit 3A

- 18 U.S.C. § 1030, Fraud and Related Activity in Connection with Computers Buy Form

Chapter 4 expand

Fair Credit Reporting Act; Fair and Accurate Credit Transactions Act

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Gary Klein, Esq., Office of the Attorney General, Commonwealth of Massachusetts
Jared Rinehimer, Esq., Data Privacy and Security Division, Office of the Attorney General of MA

Chapter 5 expand

The Gramm-Leach-Bliley Act (GLBA)

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Ellen M. Giblin, Esq., Privacy Hub LLC

Exhibit 5A

- Regulatory Enforcement Authority for the Privacy, Safeguards, and Pretexting Rules Buy Form

Exhibit 5B

- Model Privacy Notice Form: Opt Out Buy Form

Exhibit 5C

- Model Privacy Notice Form: No Opt Out Buy Form

Chapter 6 expand

Information Security in Health Care: HIPAA and HITECH

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David S. Szabo, Esq., Locke Lord LLP

Exhibit 6A

- HIPAA Security Standards Matrix Buy Form

Chapter 7 expand

Congressional Response to the Internet

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Patrick J. Concannon, Esq., Nutter McClennen & Fish LLP

Chapter 8 expand

The Federal Trade Commission

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Exhibit 8A

- Red Flags Rule Guidelines Buy Form

Exhibit 8B

- GLBA Safeguards Rule Information Protection Program Elements Buy Form

Exhibit 8C

- FTC Health Information Breach Notification Rule Buy Form

Chapter 9 expand

Survey of State Data Security and Privacy Law

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Stephen Y. Chow, Esq., Stephen Y. Chow, PC

Chapter 10 expand

Massachusetts Data Security Law and Regulations

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Amy Harman Burkart, Esq., Jones Day
C. Max Perlman, Esq., Gunderson Dettmer

Exhibit 10A

- Frequently Asked Questions Regarding 201 C.M.R. § 17.00 Buy Form

Exhibit 10B

- A Small Business Guide: Formulating a Comprehensive Written Information Security Program Buy Form

Exhibit 10C

- Standards for the Protection of Personal Information of Residents of the Commonwealth—201 C.M.R. § 17.00 Buy Form

Exhibit 10D

- OCABR 201 C.M.R. § 17.00 Compliance Checklist Buy Form

Exhibit 10E

- Personal Information: A Graphical Representation Buy Form

Exhibit 10F

- Helpful Websites Buy Form

Chapter 11 expand

Consumer/Retail Issues

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Chapter 12 expand

Network Service Providers

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Stephen Y. Chow, Esq., Stephen Y. Chow, PC

Exhibit 12A

- Service Provider Data Security Questionnaire Buy Form

Chapter 13 expand

Vendors and Business Associates

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Exhibit 13A

- HIPAA Privacy and Security Compliance Agreement Buy Form

Chapter 14 expand

Cyber Risk Insurance and Risk Management

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James A. Kitces, Esq., Robins Kaplan LLP

Chapter 15 expand

Privacy and Security in M&A Transactions

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Kathleen M. Porter, Esq., Robinson+ Cole LLP

Exhibit 15A

- Sample Initial Due Diligence Request List for Privacy and Security M&A Buy Form

Exhibit 15B

- Sample Agreement Provisions for Privacy and Security Buy Form

Exhibit 16A

- House of Representatives Resolution 835 Buy Form

Chapter 16 expand

Current Developments

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Stephen Y. Chow, Esq., Stephen Y. Chow, PC

Editor(s)

Author(s)