On October 17, 2020, the Baker Administration’s moratorium on certain residential and small business eviction and foreclosures expired. However, also on October 17, Massachusetts adopted a new moratorium, established by the Center for Disease Prevention and Control (“CDC”).
Originally issued on September 4, 2020, this moratorium (the “CDC Order”)[1] will prevent evictions for non-payment for qualified residential tenants who submit a written declaration to their landlord concerning the tenants’ qualifications for relief under the CDC Order, the tenants’ efforts to obtain government assistance for rent, the tenants’ efforts to make timely partial rent payments, and the tenants’ acknowledgment that rent is still required and that they could be subject to repayment following the end of the CDC Order. Courts will accept filings and process cases and may enter judgments, but will not issue an order of execution until after the expiration of the CDC order. This protection will be limited to households who meet certain income and vulnerability criteria and does not extend to foreclosures on home mortgages.
Impact of Moratorium on Court Procedures: Massachusetts District Courts & Boston Municipal Court
With the Baker-imposed restrictions lifted but a new moratorium in effect, Massachusetts District Courts recently adopted Standing Order 10-20, which went into effect on October 19, 2020. This Order impacts landlords and tenants, specifically those involved with matters concerning summary process and eviction.
Order 10-20 outlines certain procedural restrictions for cases filed on or after October 19, 2020, as the Courts continue to limit the number of persons entering courthouses. Please click here to see the new procedural requirements.
Boston Municipal Court (“BMC”) adopted a substantially similar order, Order 11-20, that also went into effect on October 19, 2020. It imposes largely the same procedural restrictions imposed by District Court Order 10-20. Please click here to see the new procedural requirements for BMC.
Baker Administration’s Financial Assistance Following Termination of the Eviction Moratorium
On October 12, 2020, the Baker Administration announced a comprehensive set of resources, entitled the “Eviction Diversion Initiative,” to support residential tenants and property owners facing fiscal challenges arising from COVID-19. The Baker Administration has pledged $171 million this fiscal year, with $112 million of new funding to support new and expanded housing stability programs during the remainder of the fiscal year. Some ways the funds will be allocated include the following:
- $100 million to expand the capacity of the Residential Assistance for Families in Transition (RAFT) program to provide relief to renters and landlords impacted by COVID-19;
- $48.7 million to HomeBASE and other rapid rehousing programs for when tenants are evicted and face the risk of homelessness;
- $12.3 million to provide tenants and landlords with access to legal representation and related services prior to...
