Cal. Civ. Code § 2A

Reprisal for reporting violations of law, for tenant's union activity, or actions taken pursuant to laws protecting tenants who are victims of domestic violence, rape, sexual assault or stalking; defense; presumption

In Force
Verified 9/13/2026 · Next check 9/20/2026
effective 9/13/2026MassachusettsRetaliation Protections

Operative Text

Cal. Civ. Code § 2A
Section 2A. It shall be a defense to an action for summary process that such action or the preceding action of terminating the tenant's tenancy, was taken against the tenant for the tenant's act of commencing, proceeding with, or obtaining relief in any judicial or administrative action the purpose of which action was to obtain damages under or otherwise enforce, any federal, state or local law, regulation, by-law, or ordinance, which has as its objective the regulation of residential premises, or exercising rights pursuant to section one hundred and twenty-four D of chapter one hundred and sixty-four, or reporting a violation or suspected violation of law as provided in section eighteen of chapter one hundred and eighty-six, or organizing or joining a tenants' union or similar organization or making, or expressing an intention to make, a payment of rent to an organization of unit owners pursuant to paragraph (c) of section six of chapter one hundred and 83A, or a tenant, co-tenant or a member of the household taking action under section 3 of chapter 209A or section 3 of chapter 258E, seeking relief under sections 23 to 29, inclusive, of chapter 186, reporting to any police officer or law enforcement professional an incident of domestic violence, rape, sexual assault or stalking, as defined in said section 23 of said chapter 186, against a tenant, co-tenant or member of the household, or reporting to any police officer or law enforcement professional a violation of an order issued under said section 3 of said chapter 209A or said section 3 of said chapter 258E or any act of abuse as defined in section 1 of said chapter 209A or any act of harassment as defined in chapter 258E directed against the tenant, co-tenant or member of the household. The commencement of such action against a tenant, or the sending of a notice to quit upon which the summary process action is based, or the sending of a notice, or performing any act, the purpose of which is to materially alter the terms of the tenancy, within six months after the tenant has commenced, proceeded with or obtained relief in such action, exercised such rights, made such report, organized or joined such tenants' union, or made or expressed an intention to make a payment of rent to an organization of unit owners, or within six months after any other person has taken such action or actions on behalf of the tenant or relating to the building in which such tenant resides, shall create a rebuttable presumption that such summary process action is a reprisal against the tenant for engaging in such activities or was taken in the belief that the tenant had engaged in such activities. Such presumption may be rebutted only by clear and convincing evidence that such action was not a reprisal against the tenant and that the plaintiff had sufficient independent justification for taking such action, and would have in fact taken such action, in the same manner and at the same time the action was taken, even if the tenant had not commenced any legal action, made such report or engaged in such activity.
Source: Legislative text reproduced verbatim
Plain English

Mass. Gen. Laws c. 239 § 2A establishes that a tenant facing eviction may raise, as a defense, the claim that the eviction—or the termination of tenancy that preceded it—was taken in retaliation for protected activities. Those protected activities include pursuing legal or administrative action to enforce housing laws, reporting suspected violations, organizing or joining a tenants' union, or taking steps related to domestic violence, rape, sexual assault, or stalking protections. When an eviction action or a notice to quit is initiated within six months of a tenant engaging in one of these protected activities, the law automatically creates a rebuttable presumption of retaliation, which the landlord can only overcome by clear and convincing evidence of a legitimate, independent reason for the action.

Written by anthropic/claude-sonnet-4.6 · Reviewed on September 13, 2026

Plain English — not legal advice.

For Property Managers

Under Mass. Gen. Laws c. 239 § 2A, operators who initiate a summary process action or send a notice to quit within six months of a tenant's protected activity—such as filing a housing complaint, joining a tenants' union, or reporting domestic violence—will face a legal presumption that the action is retaliatory. Compliant operators generally maintain thorough, contemporaneous documentation of the independent business or legal reasons behind any tenancy termination, demonstrating that the same action would have been taken at the same time regardless of the tenant's protected conduct. Because the standard to rebut the presumption is 'clear and convincing evidence,' property managers benefit from keeping detailed records of lease violations, nonpayment histories, or other legitimate grounds well before any protected activity occurs.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Mass. Gen. Laws c. 239 § 2A gives tenants a direct defense to raise in eviction (summary process) proceedings if the eviction appears connected to protected activities such as reporting housing code violations, organizing with other tenants, or seeking protections related to domestic violence or stalking. If a notice to quit or eviction action arrives within six months of engaging in one of these protected activities, the law presumes retaliation on the landlord's part, shifting the burden to the landlord to disprove it by clear and convincing evidence. Tenants who believe this provision applies to their situation may consider raising it as a defense in housing court, filing a complaint with a relevant local or state agency, or reaching out to a tenant-rights organization for general information about how c. 239 § 2A has been applied.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated September 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Sep 13, 2026
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Related Rules

§ 18
Reprisal for reporting violations of law or for tenant's union activity; damages and costs; notice of termination, presumption; waiver in leases or other rental agreements prohibited
§ 27
Jurisdiction of courts to restrain violation of Secs. 23 to 26; applicability of other laws to requests to change locks
§ 1940.2

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