Budget Amendment ID: FY2023-S4-331-R1

Redraft ECO 331

Study on No-Fault Evictions

Ms. Jehlen, Ms. Rausch, Messrs. Eldridge and Keenan, Ms. Lovely and Messrs. Timilty and Gomez moved that the proposed new text be amended by inserting after section 72 the following section:-

“SECTION 72A. For the purposes of this section, a “no-fault eviction” shall mean a summary process action that results in the termination of a tenancy at will without fault of the tenant pursuant to section 13 of chapter 186 of the General Laws.

The department of housing and community development shall conduct a study on the execution of no-fault evictions from January 1, 2019 to July 31, 2022, inclusive. The study shall include, but not be limited to: (i) a count of families and individuals who were evicted through a no-fault eviction; (ii) an inventory of the rental prices of units before and after the execution of a no-fault eviction; (iii) an analysis of families and individuals who were removed from their rental unit pursuant to a no-fault eviction and who received rental assistance through the rental assistance for families in transition program, the emergency rental assistance program or any other rental assistance program, including any correlation between the receipt of rental assistance and the no-fault evictions; (iv) an examination of no-fault evictions that were executed after the foreclosure of a rental property by a third-party or bank and, to the extent feasible, the rental prices prior to and after the foreclosure; (v) to the extent feasible, a demographic breakdown of those evicted through no-fault evictions including, but not limited to, race, ethnicity, age, gender identity and sexual orientation; and (vi) a geographic breakdown of where no-fault evictions were executed.

The department of housing and community development shall work in collaboration with relevant interest and advocacy groups to complete the study, which may include, but shall not be limited to the Massachusetts Law Reform Institute, Inc., Homes for All Massachusetts, the Massachusetts Coalition for the Homeless, Inc., Lynn United for Change, City Life/Vida Urbana, Springfield No One Leaves, La Colaborativa and the Citizens Housing and Planning Association, Inc. Not later than January 1, 2023, the department shall submit a report of its findings to the chairs of the joint committee on housing and post the report on the department’s website. All personally identifiable information shall be redacted from the report”.