Rep. Stanley, Rep. Lawn and Sen. Barrett Pass Moratorium on Non-Essential Evictions and Foreclosures Amid COVID-19

[April 22, 2020] – BOSTON – On April 17, Rep. Stanley, Rep. Lawn and Sen. Barrett and their colleagues in the Massachusetts House of Representatives and State Senate passed legislation that will provide a critical safety net for renters, homeowners, and small businesses grappling with the economic fallout of the coronavirus public health emergency. The legislation prohibits all non-essential evictions and foreclosures and provides mortgage borrowers with forbearance options and protects tenants from late fees as well as other protections.

“This legislation will offer much-needed assistance to thousands of the Commonwealth’s renters, homeowners, and small businesses,” said Rep. Stanley. “As this public health crisis continues to unfold, we must do everything we can to ensure families can remain safe in their homes. The need for housing stability has never been greater.”

“Staying home is an essential component to ending this pandemic, and the legislature is committed to making sure that our residents will be allowed to stay in their homes for the duration of this public health crisis,” said Rep. Lawn. “This legislation also protects our small businesses and non-profits, which are particularly vulnerable during this pandemic.”

To address the COVID-19 public health crisis and its adverse impacts on renters, homeowners and small businesses, the bill includes the following components:

  • A moratorium on all stages of the eviction and foreclosure processes for 120 days from the enactment of the legislation or 45 days after the State of Emergency has been lifted, whichever period of time is shorter.
  • Prohibits all non-essential evictions for residential properties and small businesses.
  • Prohibits residential landlords from terminating tenancy and sending a notice to quit.
  • Halts landlords from issuing late fees and reports to credit agencies for nonpayment of rent, provided that a tenant offers notice and documentation to the landlord within 30 days of the missed rent payment that the non-payment was related to a financial impact from COVID-19.
  • Allows for video or telephone conferencing during the State of Emergency for reverse mortgage loans in lieu of in-person counseling until the State of Emergency order  is lifted.
  • Evictions may proceed during the moratorium for actions that involve allegations of criminal activity or lease violations that are detrimental to public health or public safety.
  • Requires mortgage lenders to grant a forbearance of up to 180-days on required mortgage payments if homeowner submits request demonstrating financial hardship as result of COVID-19.
  • Allows landlords to use a tenant’s last month rent for expenses like mortgages payments and property maintenance, while protecting tenant rights regarding rent paid in advance.

The bill, which is the latest action by the Legislature to address the COVID-19 public health crisis and its effects on Massachusetts, now heads to the Governor.