An eviction moratorium enacted by Massachusetts Governor Charlie Baker (MA) in April put a pause on all “non-essential” evictions, including evictions for nonpayment of rent, for no fault or no cause, or for cause that does not involve or include allegations of criminal activity or allegations of lease violations that harm the public, as well as those resulting from a foreclosure. The state-wide moratorium took effect on April 20 and was originally set to expire on August 18. Due to the continued economic impact of COVID-19 and persistent advocacy efforts by housing organizations and tenants, Governor Baker extended the moratorium until October 17. On September 25, in the case of Baptiste v. The Commonwealth of Massachusetts, U.S. District Court of Boston Judge Mark L. Wolf denied the request of two landlords to stay the eviction moratorium, judging the landlords were unlikely to prevail on most of the merits of the case.
Housing advocates, including NLIHC state partner Citizens’ Housing and Planning Association (CHAPA), credit the eviction moratorium with protecting over 20,000 people from eviction or foreclosure. Advocates fear this number will balloon through the fall and winter as families continue to face economic hardship, COVID-19 cases increase, the state eviction ban expires, while advocates continue to ramp up efforts to assist families with arrears and future rent payments.
“It was great that Judge Wolf upheld the moratorium for now,” said Carol Marine, senior program manager at CHAPA. “It is critically important for two reasons. It allows individuals and families to maintain stable housing and lowers the risk of transmission of COVID protecting public health and household economic stability. Other devastating effects from eviction include physical and mental health trauma, disruption to children's education and instability from being unable to find other safe and affordable housing. In addition, the moratorium has provided much needed time for a broad coalition of housing advocates and policymakers to create and fund tenancy and property stabilization funds that will protect the housing ecosystem through the pandemic. The pandemic has also highlighted the need for a renewed commitment to production and preservation of affordable homes.
CHAPA and other housing advocates continue to work with the administration to secure $40 million in state funding for tenant stabilization programs including the expansion of the Rental Assistance for Families in Transition (RAFT) that serves households with incomes up to 50% AMI and the creation of the Emergency Rental and Mortgage Assistance Program (ERMA) which serves households with incomes between 50% and 80% of AMI Additionally, through the local Emergency Rental Assistance (ERA) program, 89 communities have secured over $33 million in stabilization funds.
Advocates and members of the state legislature are currently working on solutions to keep families in their homes if the Governor Baker lets the moratorium lapse. House Bill 4878 (H. 4878) and Senate Bill (S. 2831) would bar evictions for missed payments due to the pandemic, prevent no-fault evictions and rent increases for 12 months after the governor lifts the state of emergency. Both bills are in committee as the governor, judiciary, and bills’ sponsors try to reach an agreement. Housing advocates and lawmakers are concerned that the bill will not be finalized before the Massachusetts eviction moratorium lapses on October 17.
If the moratorium does lapse, many tenants would still be protected until December 31 under the CDC eviction moratorium. However, the CDC moratorium is not as broad as Massachusetts’ moratorium and requires tenants to file a signed declaration that they fall under the CDC’s eligibility requirements.
Learn more about CHAPA and the court case filed against the state here.
For more information regarding the CDC’s eviction moratorium visit NLIHC’s national moratorium page.