Amendment #766 to H5150

Protecting COVID-Impacted Tenants Pending Rental Assistance

Mr. Connolly of Cambridge moves to amend the bill by striking out section 41 and inserting in place thereof the following section:

"SECTION 41. (a) As used in this section and section 42, the following words shall, unless the context clearly requires otherwise, have the following meanings:

“COVID-19 emergency”, the state of emergency concerning the novel coronavirus disease outbreak declared by the governor on March 10, 2020.

“Short-term emergency rental assistance”, shall include, but not be limited to, the residential assistance for families in transition program, the emergency rental and mortgage assistance program and any other program administered by the department of housing and community development or other government entity or nonprofit agency for the purposes of curing rent arrearage or providing financial assistance for moving cost assistance, including the payment of a security deposit, as a result of the COVID-19 emergency.

(b) Notwithstanding chapter 239 of the General Laws, or any other general or special law, rule, regulation or order to the contrary, during the COVID-19 emergency, a court having jurisdiction over an action for summary process related to said chapter 239, including the but not limited to District Court Department, Housing Court Department, and Boston Municipal Court Department, shall grant a continuance  for a period as the court may deem just and reasonable, if: (i) the tenancy is being terminated for non-payment of rent for a residential dwelling unit; (ii) the non-payment of rent was due to a financial hardship related to or exacerbated by the COVID-19 emergency; and (iii) the defendant demonstrates a pending application for short-term emergency rental assistance has been submitted.  The court shall not enter a judgment  or issue an execution until said application has been either approved or denied.  Where an application for short term emergency rental assistance has been approved for the rental arrears then due, the court shall further continue the case and, when payment is received by the landlord, dismiss the landlord’s claims.  Where an application for short term emergency rental assistance has been denied, then the court shall schedule, with at least ten days’ notice, the trial or other next event in the action.

(c) Notwithstanding any general or special law to the contrary, on or before the fifteenth day of each month, during the COVID-19 emergency, the executive office of the trial court shall submit a report, for the previous month, to the house and senate committees on ways and means, the joint committee on housing and the joint committee on the judiciary detailing: (i) the number of actions for summary process  filed with each court having jurisdiction over an action for summary process; (ii) the number of cases where continuances were granted due to pending applications for short-term emergency rental assistance pursuant to subsection (b); (iii) the number of continuances or stays requested, granted or denied for a purpose other than those pursuant to subsection (b), including those requested pursuant to sections 9 and 10 of chapter 239 of the General Laws; (iv) the number of executions for possession issued; (v) the number of landlords and tenants participating in pre-court and pre-trial mediation and the outcome of each mediation; (vi) the number of landlords and tenants receiving legal representation and legal services through court diversion and support resources; and (vii) any other relevant information as the trial court may decide.”.

Additional co-sponsor(s) added to Amendment #766 to H5150

Protecting COVID-Impacted Tenants Pending Rental Assistance