AG HEALEY ISSUES
ADVISORY TO INFORM TENANTS OF THEIR RIGHTS DURING THE COVID-19 PANDEMIC
Advisory Advises
Tenants Facing Eviction of the Financial and Legal Assistance Programs
Available and Offers Information about Eviction Court Process
BOSTON – With hundreds of eviction cases piling up in the courts,
Attorney General Maura Healey today issued an advisory to
ensure tenants who are facing financial hardship and are at risk of losing
their homes are aware of their rights and know how to access state assistance
programs.
“Families across the state are continuing to suffer financial hardship from
this pandemic and we want to ensure those who may be at risk of losing their
homes know their rights,” AG Healey said. “If you’ve received an
eviction notice, you do not have to move out immediately and you are entitled
to a court hearing. This advisory helps tenants and landlords understand the
resources available to them, including financial and legal assistance.”
Today’s advisory follows a sharp rise in eviction cases for nonpayment of rent
being filed in the state’s housing courts. According to state data, there were
more than 4,000 eviction cases filed between November 2 and December 14. In
October, AG Healey called on Governor Baker to extend the state’s eviction
moratorium to give safety
net programs for landlords and tenants time
to be fully operational. After the expiration of the Massachusetts moratorium,
the AG urged the Administration to prioritize the hiring and training of
additional legal counsel and mediators, and to streamline housing assistance
applications. The AG’s Office has been working with Local
Consumer Programs throughout the state to help tenants and landlords apply
for rental assistance.
Since the beginning of the pandemic, AG Healey’s Office has been closely
monitoring the housing court docket, responding to complaints from residents
and reviewing referrals from partner organizations for violations of the state
and federal moratoriums on evictions. Through these actions, the AG’s Office
handled more than 200 complaints relating to the eviction moratorium and has
been able to stop more than 80 illegal evictions.
The AG’s advisory offers guidance including the following:
Evictions Must be Court Ordered
Tenants cannot be evicted and forced to move out of their homes without a
written court order. During the public health crisis, the AG’s Office has
prioritized addressing complaints related to “self-help” evictions – where
landlords attempt to circumvent the court process and forcibly remove tenants
from their homes. It is unlawful to threaten, intimidate, or coerce a tenant to
get them to leave the property, including by changing their locks, shutting off
their utilities, interfering with their use of the unit, or by threatening to
report them to immigration authorities. This protection applies to all tenants,
whether they have a lease, a sublease, or no lease at all.
Tenants who have experienced a
“self-help” eviction or those whose landlord has threatened to forcibly remove
them, should call the Attorney General’s Office at 617-727-8400.
Available Financial Assistance
If a tenant is unable to pay their rent because of a COVID-19 financial hardship,
they should work with their landlord to seek financial help from the state.
Tenants and landlords can apply for Residential
Assistance for Families in Transition (RAFT) benefits of up to $10,000 of
assistance in a one-year period. Tenants who are unable to pay for rent for a
reason other than the public health crisis may seek up to $4,000 in RAFT
benefits. Once approved, these payments are sent directly to landlords.
The Emergency
Rental and Mortgage Assistance (ERMA) program also helps households who are
behind on rent or mortgage payments or are at risk of falling behind due to the
pandemic.
Tenants cannot be evicted while a
rental assistance application is pending. Specifically, the court cannot “enter
a judgment” against a tenant or “issue an execution” before the tenant’s
financial assistance application has been approved or denied.
State law protects tenants who rely
on temporary or emergency rental assistance like RAFT or ERMA from being
discriminated against by their landlord. In some circumstances, a landlord who
refuses to accept RAFT or ERMA benefits or complete their portion of the
application may be in violation
of state law.
Landlords who own less than 20
units of housing may apply directly for RAFT/ERMA
on behalf of their tenants. They should, however, coordinate with their tenant
before applying and they must obtain and submit a signed consent form from the
tenant in order to apply. If a tenant has already applied to RAFT/ERMA, the
landlord can help expedite the review process of the application by providing
requested documentation, including a copy of the lease or a summary of the
amount the tenant owes.
Tenants and landlords can also use
community mediation to resolve their problems without any court filing, or
through court referrals. For more information visit the Eviction
Diversion Initiative website.
CDC Moratorium
Households that are financially
struggling due to the pandemic and meet certain criteria may also qualify for
the Centers for
Disease Prevention and Control (CDC) federal eviction moratorium. To qualify for the CDC
moratorium, tenants must have an income of less
than $99,000 (or $198,000 if you filed a joint tax return), make their best
efforts to obtain government rental assistance, and complete a
CDC form, available here,
and give it to their landlord. This moratorium has been extended to Jan. 31,
2021.
Legal Assistance Services
Tenants who have received a notice to quit, summons or other legal documents
from their landlord and cannot afford an attorney may qualify for free legal
assistance through the COVID
Eviction Legal Help Project. The AG’s Office urges tenants who have a court
hearing and have not yet obtained an attorney to tell the judge or court
mediator that they would like to speak to a lawyer. Tenants can also learn
about the court process and how to fill out the necessary court documents
through the Court
Service Centers, which are available via Zoom Monday through Friday from 9
a.m. – 12 p.m.
The AG’s Office
will be funding sites across Massachusetts where individuals can use computers
to attend their virtual court hearings. The full list will be posted on www.Mass.gov/ago/covid19 or tenants can
call (617) 727-8400 for more information.
Small business
tenants who have been impacted by the COVID-19 public health crisis and are
facing difficulty paying their rent should reach out to the COVID Relief Coalition for more
information on the pro bono legal support available to them. The coalition is made up of law
firms, nonprofits and government agencies including the AG’s Office and led by Ropes
& Gray, Lawyers for Civil Rights, and Lawyers Clearinghouse. The
coalition’s website includes
information about the emergency loans available to small businesses.
Defenses to Eviction
Tenants who receive a notice from their landlord about overdue rent may have a
defense to eviction that would allow them to stay in their home. Those defenses
include if there is a problem with the condition with the housing unit; if the
landlord did not provide any written notice required by the lease or by law; if
the landlord is retaliating against the tenant for exercising their rights; or
if the landlord is discriminating against the tenant based on their race,
national origin, religion, familial status, age, disability, source of income,
or any other protected status.
The AG’s Office urges tenants who have questions about their options to call
the state’s information hotline at 211or to call the Attorney General’s Office
at 617-727-8400.
AG Healey’s Civil Rights Division urges any tenant who is being harassed,
threatened or discriminated against to call the division’s hotline at (617)
963-2917. Click
here for information from the AG’s Office reminding landlords and other
housing providers that all tenants have a right to be free from harassment and
intimidation.
Visit the AG’s COVID-19 resource
page for information about how the AG’s Office can provide support during
this crisis.
To view the AG’s advisory in Spanish click here.
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