Gordon v. Fay

This case is before us on a report of questions of law by a judge of the Housing Court of the City of Boston. The primary issue raised is whether the proce dure set forth in G. L. c. 218, § 35A, for the issuance of a criminal complaint applies to complaints issued by the Housing Court. We conclude that the statutory procedure does apply. Absent the exigent circumstances described in G. L. c. 218, § 35A, therefore, the person accused in a complaint received by the Housing Court must be given notice and an opportunity to be heard in opposition to the issuance of any process based on the…