Budget Amendment ID: FY2023-S4-237

ECO 237

Eviction Protections

Messrs. DiDomenico and Eldridge, Ms. Chang-Diaz, Ms. Rausch, Mr. Hinds, Ms. Lovely, Ms. Comerford and Mr. Gomez moved that the proposed new text be amended by inserting after Section 78 the following section:-

"Section XX. Section 2, subsection (b) of Chapter 257 of the acts of 2020, as amended by section 16 of chapter 20 of the acts of 2021 and sections 21 through 25 of chapter 42 of the acts of 2022,  is amended by inserting before the word “Notwithstanding” the following: “Notwithstanding chapters 186 or 239 or any general or special law to the contrary, no landlord or property owner may commence an eviction where the plaintiff’s complaint for possession of a residential dwelling unit is based on nonpayment of rent, or without fault of the tenant and includes a claim for use and occupancy, unless it establishes that the parties have exhausted all available opportunities, and worked in good faith, to obtain short-term emergency rental assistance (as defined at Section 2(a) of Chapter 257 of the Acts of 2020) for which the landlord and tenant are eligible and have not obtained sufficient funds through such programs to cure the arrearage through no fault of the landlord;” and is further amended in Subsection 2(b)(i) by striking the words “the tenancy is being terminated solely for non-payment of rent for a residential dwelling unit” and replacing them with “the plaintiff’s complaint for possession of a residential dwelling unit is brought for nonpayment of rent, or without fault of the tenant and includes a claim for use and occupancy.”