Budget Amendment ID: FY2021-S4-388

ECO 388

Preventing COVID Evictions

Ms. Jehlen, Ms. Rausch, Ms. Comerford, Messrs. Eldridge, Lesser and Collins, Ms. Chang-Diaz, Messrs. Boncore and Feeney moved that the proposed new text be amended by striking out Section 48 in its entirety and replacing it with the following:

“SECTION 48. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:

“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”, temporary financial assistance provided to a residential tenant to prevent an eviction or homelessness under the residential assistance for families in transition program, the emergency rental and mortgage assistance program or any other program established or modified as a result of the COVID-19 emergency, intended to cure rent arrearage or provide financial assistance for moving cost assistance, including the payment of a security deposit, and administered by a nonprofit entity or any government entity, including, but not limited to, the department of housing and community development, any city or town, the federal Department of Housing and Urban Development, or any other federal agency.

(b) Notwithstanding chapter 239 of the General Laws or any other general or special law the contrary, a court having jurisdiction over an action for summary process under said chapter 239, including the Boston municipal court department, shall grant a continuance if: (i) the plaintiff’s complaint is based upon or includes any claim for rent or use and occupancy due and payable during the period from the onset of the COVID-19 emergency until 12 months after the date the COVID-19 emergency ends; (ii) it is likely that the tenant’s non-payment of rent or use and occupancy was due to a financial hardship directly or indirectly related to or exacerbated by the COVID-19 emergency; and (iii) the defendant demonstrates at least one application for short-term emergency rental assistance has been submitted to the relevant administering agency. Any continuance granted pursuant to this paragraph must be at least for the time required for the application for short-term rental assistance to be approved or denied, and the court shall not enter a judgment, issue an execution, or issue any order for interim payment of rent or use and occupancy, while such application or applications remain pending. Where a tenant’s application for short-term emergency rental assistance is approved, and the assistance covers rental arrears then due, the court shall further continue the case until the payment for such rental arrears is received by the plaintiff, at which time the court shall dismiss the plaintiff’s claims.

(c) Notwithstanding chapter 239 of the General Laws or any other general or special law the contrary, in any action for summary process under said chapter 239 where the tenant is eligible for or has been granted a continuance as provided at subsection (b), it shall be a complete defense to the claim for possession that the tenant’s nonpayment of rent or use and occupancy was due to a financial hardship directly or indirectly related to or exacerbated by the COVID-19 emergency.  Any unpaid rent and/or use and occupancy determined to be subject to the defense described in this section shall not be counted as part of “the amount due to the landlord” in determining any judgment for possession entered after trial pursuant to the fifth paragraph of Section 8A of Chapter 239, or recovered in any summary process proceeding under Chapter 239.

(d) Notwithstanding chapter 239 of the General Laws or any other general or special law the contrary, in any action for summary process under said chapter 239 where the court has found after hearing that the tenant is eligible for a continuance as provided at subsection (b), it must also find at any trial on the merits that the tenant has established the defense to possession provided by subsection (c), unless the landlord demonstrates that the tenant 1) did not apply for all forms of short-term rental assistance for which they were eligible prior to the expiration of the continuance period; or 2) the tenant has been denied short-term rental assistance for failure to complete or cooperate with the application process or due to a determination that the arrears were not related to or exacerbated by the COVID-19 emergency.

(e) Notwithstanding any general or special law to the contrary, not later than 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 clerks of the senate and house of representatives, the senate and house 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 continuances granted due to pending applications for short-term emergency rental assistance pursuant to subsection (b); (ii) the number of continuances granted that resulted in the dismissal of the plaintiff’s claims under said subsection (b); (iii) the average length of a continuance granted under said subsection (b); (iv) the number of stays requested, granted or denied pursuant to sections 9 and 10 of chapter 239 of the General Laws; and (v) any other relevant information as the trial court may decide.”