Bill H.3777

HOUSE DOCKET, NO. 2975 FILED ON: 1/19/2023

HOUSE . . . . . . . . . . . . . . . No. 3777

By Representative Connolly of Cambridge, a petition (accompanied by bill, House, No. 3777) of Mike Connolly relative to establishing permanent eviction protections and tenancy preservation notices. Housing.

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Third General Court
(2023-2024)

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An Act establishing permanent eviction protections and tenancy preservation notices.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Section 31 of chapter 186 of the General Laws, inserted by section 1 of chapter 107 of the acts of 2022, is hereby amended by adding the following subsection:-

(c) A landlord shall send electronically a copy of any notice to quit for nonpayment of rent given in writing by the landlord to a residential tenant pursuant to section 11 or section 12 to the executive office of housing and economic development and to the chief executive officer of the municipality in which the premises is located; provided, however, that personal identifying information in notices to quit received by the executive office of housing and economic development and the municipality shall not be a public record, as defined by clause Twenty-sixth of section 7 of chapter 4 chapter 66. The executive office of housing and economic development and the chief executive officer of the municipality shall keep any personal identifying information in a notice to quit confidential; provided, however, that the executive office of housing and economic development and the chief executive officer of the municipality may share such information with the individuals named in the notice to quit, the landlord or, to the extent permitted under federal law, a regional administering agency or housing consumer education center for the purposes of providing housing stability resources to tenants at risk of eviction.

SECTION 2. Chapter 239 of the General Laws is hereby amended by adding the following section:-

Section 15. (a) For the purposes of this section, the following word shall, unless the context clearly requires otherwise, have the following meaning:

“Short-term emergency rental assistance”, temporary financial assistance provided to a residential tenant to prevent an eviction or homelessness under the residential assistance for families in transition program, or any other rental assistance program administered by the executive office of housing and livable communities or another state or federal agency, municipality or nonprofit entity. Financial assistance to prevent eviction or homeless can include funds to cure rent arrearage, assist with moving costs, or assist with costs and fees associated with residential tenancy, including security deposits.

(b) Notwithstanding the provisions of this chapter or any other general or special law to the contrary, a court having jurisdiction over an action for summary process under this chapter, including the Boston municipal court department, shall grant a continuance for a period as the court may deem just and reasonable if, either at the time the answer is timely filed or on the date the trial is scheduled to commence: (i) the tenancy is being terminated solely for non-payment of rent for a residential dwelling unit; and (ii) the defendant demonstrates, to the satisfaction of the court, a pending application for short-term emergency rental assistance. The court may consider any meritorious counterclaim brought in said action for summary process; provided, that the court shall issue a stay of execution on a judgment for possession if the requirements in clauses (i) and (ii) are met. The court shall not enter a judgment or issue an execution before the application for short-term emergency rental assistance has been approved or denied.

(c) Not later than the 15th day of each month, the executive office of the trial court shall submit a report for the previous month to the clerks of the house of representatives and the senate, the house and senate committees on ways and means, the joint committee on housing and the joint committee on the judiciary that shall include, but not be limited to: (i) the number of actions for summary process entered and filed with each court having jurisdiction over an action for summary process; (ii) the number of default judgments entered, delineated by the reason for the summary process filing; (iii) the number of execution for possession orders granted, delineated by the reason for the summary process filing; (iv) the number of continuances requested and granted due to pending applications for short-term emergency rental assistance pursuant to subsection (b); (v) the number of stays issued due to pending applications for short-term emergency rental assistance pursuant to subsection (b); (vi) the average length of a continuance and stay granted under said subsection (b); (vii) the number of stays requested, granted or denied pursuant to sections 9 and 10; (viii) the number of landlords and tenants participating in pre-trial mediation and, to the extent practicable, the outcome of each mediation; (ix) the number of landlords and tenants receiving legal representation and legal services through on-site court diversion and support resources; and (x) any other relevant information as the trial court may decide.

(d) A court having jurisdiction over an action for summary process under this chapter, including the Boston municipal court, shall inform the parties of their protections and resources pursuant to this section.

(e) Not later than the 15th day of each month, the executive office of housing and livable communities shall submit to the house and senate committees on ways and means and the joint committee on housing a report regarding the activities of its emergency rental assistance programs from the prior month. The report shall include data about: (a) the expansion of the residential assistance for families in transition program, including: (i) the number of households who applied for assistance; (ii) the number of households approved for assistance; (iii) the number of households denied assistance and reason for such denial; (iv) the minimum, median and average amount of financial assistance awarded; (v) the average number of days between the submission of an application and its approval or denial; (vi) the number of landlords who applied for assistance on behalf of tenants; and (vii) a breakdown of how assistance was utilized by each household receiving assistance, including, but not limited to, curing rental arrears, moving expenses, security deposit, first and last month’s rent or other purposes; (b) the expansion of the housing consumer education centers, including: (i) the number of households served, including number of households served by geographic area; and (ii) the number of special services coordinators assigned to each site; (c) rapid rehousing assistance through the HomeBase program, the Strategic Prevention Initiative and any other temporary program established to assist in rapid rehousing of families and individuals, including: (i) the number of households receiving assistance; (ii) the type of assistance given; and (iii) the average amount provided to each household receiving assistance; (d) the expansion of the tenancy preservation program, including: (i) the number of households served; (ii) the number of trained staff; and (iii) the number of applications filed; and (e) any other relevant information as the executive office may decide.

SECTION 3. The executive office of housing and economic development shall promulgate regulations as necessary to implement the provisions of this act.

Name:	District/Address:	Date Added:
Mike Connolly	26th Middlesex	1/19/2023