Appeals Court Overturns Trespassing Conviction, Affirms Rights of Boston Housing Authority Tenants and Guests

BOSTON – On July 7, 2009 the Massachusetts Appeals Court overturned the conviction of Gregory Nelson for trespassing on Boston Housing Authority (BHA) property, affirming the rights of Boston Housing Authority Residents to receive guests, and the rights of invited guests to use common spaces to visit tenants.  

In 2007, Nelson, who was on BHA property at the invitation of resident Erica McCall, used a common hallway to access McCall’s apartment. BHA police, citing a previous warning given to Nelson by the BHA, arrested him for trespassing. After a bench trial, the judge ruled that although Nelson was indeed an invited guest, the BHA had the authority to override a tenant’s invitation.

Nelson served 30 days for his conviction. 

Nelson’s attorney, Eleanor Hertzberg, Esq. of Acton, who represents private and court-appointed defendants in all stages of criminal proceedings, led the appeal. Attorneys Amy Copperman of Massachusetts Law Reform Institute, Stefanie Balandis of Greater Boston Legal Services’ Boston office, and Susan Hegel of Cambridge and Somerville Legal Services, GBLS’ Cambridge/Somerville office, submitted an amicus brief on behalf of the Massachusetts Union of Public Housing Tenants and McCall. 

In a unanimous decision, written by Judge Gabrielle Wolohojian, the Appeals Court reversed the conviction, holding that “a conviction for trespass cannot stand against a defendant who is found to be passing through the halls of BHA property in order to reach a tenant’s apartment at the tenant’s invitation.” The Court relied on a 1943 case, Commonwealth v. Richardson, which made a similar holding in a private housing development. This decision makes clear that Richardson applies to private and public housing alike.

William King, Chair of the Board of Mass Union, said “Our members are pleased the Court has made clear once again that we, as public housing residents, have the same rights as private housing tenants, including inviting guests to visit us in our homes.”

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About MLRI

Massachusetts Law Reform Institute (MLRI) is a non-profit legal services organization committed to promoting social and economic justice across Massachusetts through advocacy, education and legal action. Its mission is to ensure the fundamental needs of traditionally underserved, low-income populations are met, and to advocate for systemic reforms to policies and practices that harm people living in poverty. MLRI’s staff work in a variety of fields, including housing, health care, public benefits, immigration law, court reform, employment law, racial equity, elder law, education and family law.

MLRI also provides support to client-based legal services organizations so they may best serve their constituencies. A 2008 assessment of MLRI conducted by three experienced, national peer reviewers affirmed that MLRI “is one of the premier state support centers in the country” and “remains the backbone of the Massachusetts civil legal aid delivery system.”

About Greater Boston Legal Services

Greater Boston Legal Services (GBLS) plays an indispensable role in the lives of people in need in the Boston area by providing high-quality civil legal assistance to low-income individuals and families. GBLS helps its clients navigate the complex maze of laws and regulations, enabling them to get the help they need when there is no other way to resolve their problems. GBLS annually provides legal assistance to more than 16,000 families or individuals who live at or below 125% of the federal poverty standard. Seventy-two percent of its clients are women, and 75% are minorities. 

GBLS assists victims of domestic violence, homeless families, elders, people with disabilities, homeowners facing foreclosure, tenants in no-fault evictions because their building has been foreclosed, low-wage workers, families with no source of income, and immigrants facing persecution. GBLS also provides legal counsel to scores of community-based groups and organizations to bring about positive systematic change.   

Date Posted: 7/13/2009 11:03 am