Budget Amendment ID: FY2021-S4-336-R1
Redraft ECO 336
Ensuring Housing Protections During COVID-19
Mr. Crighton, Ms. Rausch, Ms. Comerford, Ms. Jehlen, Messrs. Eldridge and Hinds, Ms. Chang-Diaz, Mr. Cyr, Ms. Lovely and Mr. Montigny moved that the proposed new text be amended in section 2, in item 7004-9316, by inserting after the words “guidelines established by the department” the following words:- “; provided further, that income verification shall be conducted by using: (1) documentation provided by the household, requiring the same documentation and process used to conduct income verification under this item in fiscal year 2020 or fewer documents as directed by the department; or (2) third-party income verification; provided further, that the manner in which income verification is conducted for each participant shall be at the discretion of the regional administering agency; provided further, that, from the passage of this act until the termination of the state of emergency concerning the outbreak of the 2019 novel coronavirus disease declared by the governor on March 10, 2020, the department shall allow a short, simple application requiring minimal processing time”; and
by inserting after section 40 the following 2 sections:-
“SECTION 40A. For the purposes of this section, “COVID-19 emergency” shall mean the state of emergency concerning the novel coronavirus disease outbreak declared by the governor on March 10, 2020.
Notwithstanding any general or special law to the contrary, from the passage of this act until the termination of the COVID-19 emergency, a court having jurisdiction over an action for summary process under chapter 239 of the General Laws, including the Boston municipal court department, shall not make public or publish, in any manner, the name or other personal identifying information, including, but not limited to, the person’s address, of any person named as a party to a summary process or civil action if: (i) the plaintiff seeks non-payment of rent for a residential unit; (ii) such non-payment of rent was due to a financial hardship related to, or exacerbated by, the COVID-19 emergency; and (iii) either (A) the summary process or civil action does not result in a judgment against the defendant; or (B) upon a motion filed after a judgment has been entered against the defendant, the court finds that the defendant demonstrated best efforts to come to a reasonable agreement with the plaintiff prior to the entering of the judgment, which may include, but shall not be limited to, applying for short-term emergency rental assistance, offering to pay not less than 30 per cent of the plaintiff's household income, making good faith efforts to engage in mediation and any other efforts the court deems necessary; provided, however, that such information shall be impounded and shall remain permanently unavailable for public inspection or publication, except to the parties to the action or their attorney, or as ordered by the court for good cause shown. A landlord shall not furnish rental payment data to a consumer reporting agency, as defined in section 50 of chapter 93 of the General Laws, with regards to information that is impounded under this section.
SECTION 40B. For the purposes of this section, “COVID-19 emergency” shall mean the state of emergency concerning the novel coronavirus disease outbreak declared by the governor on March 10, 2020.
From the passage of this act until 45 days after the termination of the COVID-19 emergency, there shall be a task force on the COVID-19 eviction diversion initiative. The task force shall track the initiative’s outcomes and make recommendations on how to improve its effectiveness, efficiency and reach.
The task force shall make recommendations relative to all aspects of the COVID-19 eviction diversion initiative including, but not limited to, the administration and accessibility of: (i) Mass211 services; (ii) intakes and referrals by housing consumer education centers; (iii) short-term emergency rental assistance programs including, but not limited to, the rental assistance for families in transition program and the emergency rental and mortgage assistance program; (iv) the upstream tenancy preservation program; (v) community mediation; (vi) legal representation and related services; (vii) the HomeBASE household assistance program; (viii) the strategic prevention initiative; and (ix) the eviction process in the trial court of the commonwealth. The task force may also propose new initiatives to supplement existing programs intended to prevent evictions or homelessness during the COVID-19 emergency.
The task force shall consist of the following persons or their designees: the chairs of the joint committee on housing, who shall serve as co-chairs; the secretary of the executive office of housing and economic development; the chief justice of the trial court; the chief justice of the housing court department; and 8 persons appointed by the governor, 4 of whom shall represent organizations dedicated to preserving residential tenancies or housing low or moderate income households and 4 of whom shall represent landlords or real estate organizations. The task force shall consult with other individuals with relevant expertise, including academics, researchers and housing stability service providers, as needed.
The task force shall meet as frequently as the co-chairs deem necessary, but not less than once a month. Not later than January 31, 2021, and as frequently as the co-chairs deem necessary thereafter, the task force shall submit a report of its findings and recommendations, together with drafts of any legislation necessary to carry its recommendations into effect, by filing the same with the clerks of the senate and house of representatives and the house and senate committees on ways and means; provided, however, that the task force may submit interim reports and recommendations at any time.”.”.