Massachusetts Lawmakers to Vote on COVID-19 Eviction Legislature

Massachusetts lawmakers will soon vote on two pending COVID-19 residential eviction bills, which both seek to establish temporary protections for renters but will effect residential landlords in very different ways. 

On March 13, 2020, in the House, “An Act providing for a moratorium on evictions and foreclosures during the COVID-19 Emergency” (the “House Bill”), seeks to temporarily prohibit all residential evictions, without exception, during the pendency of the COVID-19 emergency.  See HD 4935. 

If passed, the House Bill will prohibit state courts from accepting any filing that seeks possession of a residential dwelling or entering any order allowing for possession of a residential dwelling, while also requiring state courts to grant all applications for stays of execution or continuances of summary process cases.  The House Bill will further prohibit all enforcement of any execution for possession in such cases, imposing a fine of $5,000.00 or 6 months imprisonment for violations, and tolls all limitation periods applicable to summary process cases. 

The House Bill was referred to the Joint Committee on Housing on March 30, 2020 for public hearing and a future vote. 

On March 31, 2020, the Senate Ways and Means Committee approved, “An Act providing temporary protections for renters and homeowners during the COVID-19 emergency” (the “Senate Bill”), which offers similar protections but in a much more comprehensive fashion than the House Bill.  See SB 2621.

Unlike the House Bill’s sweeping prohibition against all residential evictions, without exception, the Senate Bill, if passed, will only prohibit a “non-essential eviction action,” defined as a residential eviction: (1) for nonpayment of rent due to a financial impact from COVID-19; (2) resulting from a foreclosure; or (3) for cause that does not involve or include allegations of criminal activity or allegations of lease violations that may impact the health or safety of other residents, health care workers, emergency personnel, persons lawfully on the subject property or the general public.

The Senate Bill will prohibit state courts in any “non-essential eviction action” from entering a default judgment for possession of a residential dwelling or scheduling a court event until the sooner of 90 days after the passage of the Senate Bill or the termination of the COVID-19 emergency (the “termination date”), and require all applicable limitation periods, including the deadline to levy upon an execution, to be tolled until the termination date.  The Senate Bill will also prohibit a residential landlord from charging late fees for nonpayment of rent or reporting nonpayment of rent to consumer credit agencies through the termination date, but only if the tenant provides notice and documentation to the landlord within 30 days after the missed rent payment showing that the nonpayment was due to a financial impact from COVID-19. 

Notably, the Senate Bill expressly provides that a tenant remains obligated to pay rent and preserves a landlord’s ability to recover unpaid rent.  The Senate Bill will not prohibit a landlord from filing or serving papers seeking possession of a residential dwelling. 

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