Statement on Mayoral Transition and Overwhelming Public Support for Elected School Committee

 

Statement on Mayoral Transition and Overwhelming Public Support for Elected School Committee 

The Boston Coalition for Education Equity (BCEE) believes the appointment of Marty Walsh as Labor Secretary presents a timely opportunity to promote equity and accountability to the Boston Public Schools through the restoration of an elected School Committee. We call on the City Council and on Council President Kim Janey, who will take over as acting mayor, to start the process by affirming their support for an elected School Committee and beginning public discussions on the board’s new formulation. Boston is the only municipality in the Commonwealth without an elected school committee; recent events have proven that this governance structure has failed and must be immediately reformed.

A recent poll conducted by Poll Progressive indicated that 60% of eligible voters would support the reinstatement of an elected school board, with just 14% expressing opposition (the remaining respondents had no opinion or were neutral). The voters cited the appointed board’s lack of responsiveness to the parents and students whose interests it is supposed to represent. In recent years the school committee has made several decisions that went against the wishes of BPS families, including the expropriation of the McCormack Middle School’s athletic fields, the closure of both the Mattahunt Elementary and the West Roxbury Educational Complex, and instituting drastic changes in start times at schools throughout BPS (this decision was later rescinded after unprecedented levels of pushback). 

In 2019, the Boston Herald analyzed a year’s worth of School Committee votes and found that the committee approved all 111 action items put before them, with just four abstentions and no votes against. Then-Chairman Michael Loconto refused to comment on the body’s voting record and told a Herald reporter not to reach out to other committee members. In 2016, School Committee member Regina Robinson was the only member not to vote in favor of closing the Mattahunt Elementary School. She was also the lone member not to vote to close the West Roxbury Education Complex in 2018. Less than two weeks after her second abstention of her four-year term, Mayor Marty Walsh announced that he would replace Robinson with Quoc Tran, a state official and civil rights lawyer. 

These are just a few examples of how a mayorally appointed school committee is responsive directly to the mayor, and through the mayor to the power elite of the city, rather than to the students, families, and educators it is intended to represent. BCEE finds the School Committee’s performance particularly galling in a system made up of more than 80% students of color, reinforcing structural racism. 

Returning to an elected school committee is a necessary and critical action Boston must take toward dismantling this undemocratic and racist power structure. A majority of Boston City Councilors support electing at least some of the School Committee members, as seen in BCEE’s 2019 City Council Candidate Questionnaire. (https://www.bosedequity.org/city-council-questionnaire-responses). The Coalition will be releasing a new questionnaire later this year for the 2021 election cycle.

In the recent Poll Progressive poll, support for an elected school committee was consistent across demographic groups, including age, gender, education level, and racial identity. For a full breakdown of the poll results, visit Poll Progressive’s website at https://www.pollprogressive.com/. 

The Boston Coalition for Education Equity is a collaboration among civil rights, education, and community organizations from across Boston that are committed to dismantling education inequity.

SBA and Treasury Announce PPP Re-Opening; Issue New Guidance

 SBA and Treasury Announce PPP Re-Opening; Issue New Guidance

WASHINGTON – The U.S. Small Business Administration (SBA), in consultation with the Treasury Department, announced today that the Paycheck Protection Program (PPP) will re-open the week of January 11 for new borrowers and certain existing PPP borrowers. To promote access to capital, initially only community financial institutions will be able to make First Draw PPP Loans on Monday, January 11, and Second Draw PPP Loans on Wednesday, January 13.  The PPP will open to all participating lenders shortly thereafter. Updated PPP guidance outlining Program changes to enhance its effectiveness and accessibility was released on January 6 in accordance with the Economic Aid to Hard-Hit Small Businesses, Non-Profits, and Venues Act.

This round of the PPP continues to prioritize millions of Americans employed by small businesses by authorizing up to $284 billion toward job retention and certain other expenses through March 31, 2021, and by allowing certain existing PPP borrowers to apply for a Second Draw PPP Loan.

“The historically successful Paycheck Protection Program served as an economic lifeline to millions of small businesses and their employees when they needed it most,” said Administrator Jovita Carranza.  “Today’s guidance builds on the success of the program and adapts to the changing needs of small business owners by providing targeted relief and a simpler forgiveness process to ensure their path to recovery.”

“The Paycheck Protection Program has successfully provided 5.2 million loans worth $525 billion to America’s small businesses, supporting more than 51 million jobs,” said Treasury Secretary Steven T. Mnuchin.  “This updated guidance enhances the PPP’s targeted relief to small businesses most impacted by COVID-19.  We are committed to implementing this round of PPP quickly to continue supporting American small businesses and their workers.
Key PPP updates include:

• PPP borrowers can set their PPP loan’s covered period to be any length between 8 and 24 weeks to best meet their business needs;
• PPP loans will cover additional expenses, including operations expenditures, property damage costs, supplier costs, and worker protection expenditures;
• The Program’s eligibility is expanded to include 501(c)(6)s, housing cooperatives, direct marketing organizations, among other types of organizations;
• The PPP provides greater flexibility for seasonal employees;
• Certain existing PPP borrowers can request to modify their First Draw PPP Loan amount; and
• Certain existing PPP borrowers are now eligible to apply for a Second Draw PPP Loan. 

A borrower is generally eligible for a Second Draw PPP Loan if the borrower:

• Previously received a First Draw PPP Loan and will or has used the full amount only for authorized uses;
• Has no more than 300 employees; and
• Can demonstrate at least a 25% reduction in gross receipts between comparable quarters in 2019 and 2020.

麻州州長匯報疫情 說明疫苗相關情況 學校每週檢測

麻州州長查理貝克(Charlie Baker)再次強調戴口罩，保持社交安全距離
等作法，是最好的防疫措施。(周菊子攝)

(Boston Orange 周菊子綜合報導)麻州州長查理貝克(Charlie Baker)率州府團隊在今(8)日中午的新冠疫情匯報中宣佈，下個月起，將在自願參與模式下，為全州之內的學校、學區提供每週一次的合併檢測(pooled testing)。

透過和新冠病毒指揮中心和中小學教育廳的合作，提供到校上課或混合式學習，並參加州府這檢測計畫的學區，將會優先獲得檢測套件。

遠距學習或想要把學生帶回教室上課的學校，也可以參加合併檢測項目。有興趣的學區和學校可在1月15日之前通知中小學教育廳。

麻州州長查理貝克(Charlie Baker)表示，麻州政府和州內的所有醫院每日保持連絡，以確認他們有足夠資源，病床來收容，治療新冠病毒病人。

麻州副州長白莉朵(Karyn Polito)做進一步說明。

截至1月7日，麻州政府已發出345,000劑疫苗給各醫院及醫療機構，其中167,000劑已經使用，包括16,000劑是派發給了聯邦長照項目。

第一階段的疫苗注射計畫已開始，目前進展良好。1月11日起，麻州將開始在全州各地已設置的119個疫苗站，為第一線工作人員注射疫苗，指揮中心將繼續增設疫苗站，並於1月18日起提供疫苗給和聯邦政府藥物計畫沒有合作關係的機構。

查理貝克稱，專家們的研究認為學生到校上課，身心狀況及學習效果都比不到校上課好。州政府因此撥款10億元給學區，學校執行因應新冠病毒的相關措施。從今年8月以來，有3萬名學生，4000名教職員到校上課，並無任何狀況，可謂成功故事。麻州政府因此希望藉由合併檢測辦法，讓更多學生能夠回校上課。

麻州健康及人民服務長Marylou Sudders。

合併檢測是以”批量(batch)”，或者”匯集(pool)”的方式，混和幾種檢測樣本，然後以診斷，PCR測試方式來檢測匯集的樣本有無新冠病毒(SARS-CoV-2)。這種方法可藉由和單次PCR檢測同樣數量的實驗室資源，來增加能夠檢測的人數。

至少每週一次鼻前拭子檢測，結果可在24到48小時內出來。如果合併檢測結果是陰性，就可假設該群組中的所有個人都是陰性，就可以繼續留在學校。如果有一個群組檢測的結果是陽性，那麼這群組內的每一個人都要做個別診斷檢測。一旦辨別出確診個人後，這些人就必須遵守隔離指導原則。和確診個案有緊密接觸的學生，老師及員工，照目前規定，也必須隔離。

              在州政府訂定的合約下，學區和學校將和協調檢測實驗室，為追蹤結果做科技平台，並為學校員工提供訓練，以及技術援助的群組檢測服務供應商合作。檢測將會由CLIA認證的實驗室做分析。

              麻州中小學教育廳將在最初的推出這項目期間，承擔所需的大約1500萬元到3000萬元的開銷，並使用聯邦政府的促進經濟經費來資助。在這最初階段之後，學區及學校可以藉由使用各自的聯邦刺激方案經費，向全州性的合約商購買檢測，以及任何其他的配合檢測材料及軟體來繼續使用匯集檢測方法。

              麻州政府今日宣佈的檢測策略是建立在12月時麻州在各學校推動得快色檢測計畫之上。麻州從聯邦政府那兒收到的Abbott BinaxNow檢測，已有些現在是由公校學區，以及其他教育性機構，用於檢測顯現症狀的學生及員工。Abbott BinaxNow檢測目前免費提供給100多個學校使用。

Baker-Polito Administration Announces Pooled Testing Initiative for Massachusetts Schools, Districts 

BOSTON – The Baker-Polito Administration today announced weekly COVID-19 pooled testing will be available within the next month to schools and districts across the Commonwealth, expanding on a rapid testing initiative that began in schools in December.

 

Through collaboration with the COVID-19 Response Command Center and the Department of Elementary and Secondary Education (DESE), participating school districts providing in-person or hybrid learning will be prioritized for testing kits. Schools in remote learning, looking to bring students back to classrooms, can also participate in the pooled testing program. Interested districts and schools have until January 15 to notify DESE of their participation in the program.

 

Pooled testing involves mixing several test samples together in a “batch” or “pool,” and then testing the pooled sample with a diagnostic, PCR test for detection of SARS-CoV-2. This approach increases the number of individuals that can be tested using the same amount of laboratory resources as a single PCR test.

The test is performed at least once per week on an anterior nasal swab and results are delivered within approximately 24-48 hours. If a pooled test result is negative, then all individuals within that pool are presumed negative and may continue to remain in school. If a pooled test result is positive, then everyone in the pool is given an individual diagnostic test. Once positive individuals are identified, they must follow isolation guidance. Students, teachers, and staff that were close contacts of the positive case must quarantine according to current requirements.  

Under a state contract being developed, districts and schools will work with pooled testing service providers who will coordinate with testing labs, implement a technology platform for tracking results, and provide training for school staff, and technical assistance. Tests will be analyzed at a CLIA-certified laboratory.

DESE will assume the costs for the testing initiative during the initial start-up of the program, estimated to cost between $15 million and $30 million, which will be funded by federal stimulus funds. Following the initial launch, districts and schools may continue using pooled testing by purchasing the tests and any other accompanying testing materials and software from a statewide contract using their federal stimulus dollars. 

The testing strategy announced today builds on a rapid testing initiative launched at schools across the Commonwealth in December. Massachusetts received Abbott BinaxNOW tests from the federal government, some of which are currently being used in public school districts and other educational settings to test students and staff showing symptoms. Abbott BinaxNOW tests are currently provided to more than 100 schools at no cost.

Governor Baker, Senate President Spilka, House Speaker Mariano Issue Joint Statement on State House Security

 Governor Baker, Senate President Spilka, House Speaker Mariano Issue Joint Statement on State House Security

 

BOSTON — Today, Governor Charlie Baker, Senate President Karen Spilka and House Speaker Ronald Mariano issued the following joint statement:

 

“The safety of the Massachusetts State House, its employees and its neighbors is of utmost importance. As we witness the events in Washington, DC and across the nation, we are aware of the need to ensure the safety of this building and those who work within it. We continually assess our security needs and will adjust as necessary.”

1月7日新冠疫情 新增確診 麻州7136 美國 247,776 世界792,003 新增死亡麻州71 美國 3750 世界14250

(Boston Orange)麻州在1月7日的新增新冠病毒確診人數，躍升至7136，累計393,188，新增71人死亡，累計12,634。

根據Worldometers的數據，美國及全世界的單日新增確診人數及死亡人數都十分可觀，又疫情加劇趨勢。

麻州公共衛生聽表示，7天平均的單日確診人數上升為4,820。估計目前有81,604人在接受新冠病毒治療，其中有2386人住院。

今日接受病毒檢測的人數為108,412，累計已達1140萬人。新增4006人做了抗體檢測，累計387,433人。

 

新英格蘭將有2人進白宮 羅州長Raimondo商務部長 波市長Walsh勞工部長

羅德島州州長雷萌朵(Gina Raimondo)(左起)獲提名出任美國商務部
部長。當年參觀羅斯福大道史蹟樓翻修，發展商葉超，吳子平陪同。
(檔案照片，周菊子攝

            (Boston Orange 編譯) 拜登(Joe Biden)即將上任美國總統，最大贏家似乎是新英格蘭地區。15個內閣部長職位中有3個一直懸缺，今(7)日卻在前後相距不到半小時之內，依序宣佈。羅德島州州長雷萌朵(Gina Raimondo)獲提名為商務部部長，波士頓市長馬丁華殊(Martin J. Walsh)獲提名為為勞工部部長。

               波士頓環球報(Boston Globe)稱，在喬治亞州的聯邦參議員選舉本週塵埃落定，兩名新任議員都是民主黨籍，聯邦參議院將由民主黨主導的情況下，雷萌朵和馬丁華殊獲得認可，走馬上任，應無疑義。真正故事將是他們的遺缺將由誰填補。

               在羅德島州，原本就有任期限制的雷萌朵，現在提早兩年離開週長職位，副州長麥基(Dan McKee)將在代理州長職位後，很可能以在位之姿，當選州長。

波士頓市長馬丁華殊(Martin J, Walsh)獲提名出任美國勞工部部長。
陳毓璇(左起)，陳家驊，陳毓禮當年為他辦籌款會。(檔案照片，
周菊子攝)

                     愛荷華州(Iowa)前州長Terry Branstad在2017  年接下駐中國大使職位時，就讓該州副州長Kim Reynolds佔據高位，”謀殺”了競爭對手在初選時可能有的機會。

               波士頓的情況可能更戲劇化。馬丁華殊離任，意味著已經宣佈參選市長的兩名波士頓市議員，不分區市議員吳弭(Michelle Wu)，第四區市議員Andrea Campbell，任何一人當選，波士頓是都將打破歷史紀錄，出現首名女性，有色人種市長。

再競選連任時，波士頓市才有了將近一世紀以來的首次市長職位出缺局面。當年跳出來參選市長職位的人數遠超過10人。現在這兩名以宣佈的候選人很可能面對的第一個競爭對手，恐怕會是以市議會議長身分代理市長的Kim Janey。她將是波士頓市有史以來的首名黑人，女性市長。

Governor Baker Signs Police Reform Legislation

 Governor Baker Signs Police Reform Legislation

   

BOSTON – Today, Governor Charlie Baker and Lt. Governor Karyn Polito joined legislators and public safety officials to participate in a ceremonial signing of S.2963, An Act Relative to Justice, Equity and Accountability in Law Enforcement in the Commonwealth.

 

Governor Baker and Lt. Governor Polito were also joined by Senate President Karen Spilka, Speaker of the House Ronald Mariano, Senator William Brownsberger, Senator Sonia Chang-Díaz, Representative Claire Cronin, Representative Russell Holmes, Representative Chynah Tyler, MA Chiefs of Police Association President Ed Dunne, and former MA Association of Minority Law Enforcement Officers President Larry Ellison to participate in the ceremonial signing.

 

The legislation will create a mandatory certification process for police officers, increases accountability and transparency in law enforcement and gives police departments a greater ability to hire or promote only qualified applicants. The new law also identifies the general circumstances under which police officers can use physical force, and places strict limits on the use of so-called ‘no-knock warrants.’ In addition, the legislation requires law enforcement to seek a court order when conducting a facial recognition search except in emergency situations.

 

Click here to learn more about the new law.

抗議暴動 交通部部長趙小蘭辭職

               (Boston Orange )CNBC率先揭露美國大選鬧劇造成川普支持者包圍白宮，造成4人死亡悲劇後的最新一章，交通部部長趙小蘭辭職。

              美國卸任總統川普支持者在喬治亞州聯邦參議員第二次選舉開票時，湧往華府，並於1月6日衝進國會殿堂，導致副總統彭斯(Mike Pence)被護送到安全地點，無法認證大選結果後，全美各地韃伐聲四起，民主黨國會議員發起再次彈劾川普行動。

              在川普讚揚暴動份子後，推特(Twitter)，臉書(Facebook)先後封閉了川普的帳號。

                                  CNBC率先揭露美國大選鬧劇造成川普支持者包圍白宮，造成4人死亡悲劇後的最新一章，交通部部長趙小蘭辭職。

                美國卸任總統川普支持者在喬治亞州聯邦參議員第二次選舉開票時，湧往華府，並於1月6日衝進國會殿堂，導致副總統彭斯(Mike Pence)被護送到安全地點，無法認證大選結果後，全美各地韃伐聲四起，民主黨國會議員發起再次彈劾川普行動。

              在川普讚揚暴動份子後，推特(Twitter)，臉書(Facebook)先後封閉了川普的帳號。

              交通部部長趙小蘭辭職的原因是川普總統的言論助長了暴民對國會的攻擊，這讓她深感不安。趙小蘭是川普政府中第一個因為暴亂辭職的內閣部長。她的丈夫是來自肯塔基州聯邦參議院多數黨(共和黨)領袖麥康納(Mitch McConnell)。

              暴亂發生後，川普政府已陸續有幾人辭職，趙小蘭則是迄今辭職者中職位最高者。

              她在一份聲明中表示，”昨天，在遊行示威的支持者聽完川普總統演講，猛攻國會大廈後，我們國家經歷了一場完全可以避免的創傷。我相信和你們許多人一樣，這深深的不安讓我無法釋懷”。

              經濟顧問委員會代理主席Tyler Goodspeed，負責司法部民權組的助理總檢察官Eric Dreiband，以及傳浦總統的國家安全顧問Matt Pottinger，奉派擔任駐北愛爾蘭特使的川普前幕僚長Mick Milvaney，今日都先後相繼辭職。

              第一夫人米蘭妮(Melania)的幕僚長Stephanie Grisham也在星期三辭職了。白宮副新聞秘書Sarah Matthews早前也辭職了。

              越來越多人要求啟用第25條憲法修正案，或者經由彈劾的途徑，廢除川普的職務。

麻州疫情期間聚會人數限制效期延至1月24日

Charlie Baker, File photo.

             (Boston Orange 編譯)麻州州長查理貝克(Charlie Baker)宣佈延長疫情期間限制，新增醫院指導原則，以加強防止新冠病毒在麻州蔓延。

                  12月26日起生效的聚會人數限制，現延長2週，至1月24日截止。

                    相關的企業限制級聚會限額如下:

                 容量限制: 在現行限制下，在麻州內的大多數企業將維持25%的容量限制。

                          適用行業包括餐館，有緊密接觸的個人服務業，戲院及表演場所，賭場，辦公空間，崇拜場所，零售業，駕駛及飛行學校，高爾夫球場所的室內部分，圖書館，住宿場所(公共區域)，室內娛樂業，健身中心及俱樂部，博物館，文化場所及有導遊的遊覽。

                         餐館以及崇拜場所，個人服務業，零售業等行業的工作人員及職員，不計算在限額之內。

             每個領域特定指導原則的所有其他規則及限制，將保持有效。

              聚會限制:12月26日起生效的聚會人數限制，持續有效，市內限為10人，戶外維持25人。這一聚會限制也適用於私人住家，活動場所，以及公眾地方。

              新的醫院指導原則:

              醫院層級升等: 公共衛生廳11月發出來的醫院指導原則，訂立了醫院區域層級系統，以支持醫院之間的持續合作，維持能量。從12月初起，麻州所有區域已劃為第3級，建立了更好的合作框架，以平衡並確保接納病人的能量。        

              現在為因應住院人數的上升，麻州所有區域將升為第四級。在第四級中，每個區域的醫院將每天聚會，並在有需要的地方持續合作。

              重症病房護士員工比率:

              這個選擇只適用於向麻州公共衛生廳表達，容量少於20%，已暫停所有非必要，可選擇的侵入性手術的醫院。

Baker-Polito Administration Announces Extension of Capacity and Gathering Limits, New Guidance for Hospital ICU Staffing, Elective Surgeries

Capacity Limits for Most Industries, Gathering Limits Extended Until at Least January 24

BOSTON — Today, the Baker-Polito Administration announced the extension of further restrictions and new hospital guidance to help stop the spread of COVID-19 in the Commonwealth.

Industry restrictions for capacity limits and reduced gathering limits went into effect on Saturday, December 26^th, and will now be extended for at least two more weeks to January 24^th. 

Read a summary of the restrictions here.

Read the emergency order here.

INDUSTRY RESTRICTIONS & GATHERING LIMITS

Capacity Limits: Under the current restrictions that are being extended today, most industries in Massachusetts remain subject to a 25% capacity limit:

• Restaurants (based on permitted seating capacity)

• Close Contact Personal Services

• Theaters and Performance Venues

• Casinos

• Office Spaces

• Places of Worship

• Retail Businesses

• Driving and Flight Schools

• Golf Facilities (for indoor spaces)

• Libraries

• Lodging (for common areas)

• Arcades and Indoor Recreation Businesses

• Fitness Centers and Health Clubs

• Museums, Cultural Facilities and Guided Tours

• Workers and staff will not count towards the occupancy count for restaurants, places of worship, close contact personal services, and retail businesses.

All other rules and restrictions in each sector-specific guidance will continue to remain in effect.

Gatherings Limit: The current gathering limits in place since December 26 are also being extended. Indoor gatherings will remain limited to 10 people. Outdoor gatherings will remain limited to 25 people outside. The gatherings limit applies to private homes, event venues and public spaces.

NEW HOSPITAL GUIDANCE:

Hospital Tier Escalation: The Department of Public Health’s hospital guidance, issued in early November, establishes a regional tiering system for hospitals to support continued collaboration among hospitals and sustain capacity. Since early December, all regions across the Commonwealth have been in Tier 3 status, which established a framework for greater coordination to balance patient load and ensure capacity.

Today, in response to the continued rise in hospitalizations, all regions across the state will be escalated to Tier 4 status. In Tier 4, the hospitals in each region will meet at least daily, and will continue to collaborate across regions where necessary, to address growing capacity constraints and continue to load balance as needed.

ICU Nurse Staffing Ratios: To support the health care system’s continued response to the surge in cases and hospitalizations, the Commonwealth is allowing the deployment of acute nursing staffing under certain circumstances. Starting today, hospitals with severe capacity constraints may request a temporary exemption from the mandated nurse-to-patient ratios in the ICU. This option will only be available to hospitals with capacity of less than 20% who first attest to DPH that they have suspended all nonessential elective invasive procedures, including those conducted in an outpatient setting under the hospital’s license. Additionally, hospitals must take every reasonable step to expand capacity prior to requesting a temporary exemption. If a hospital’s bed capacity increases, or if the hospital re-starts nonessential elective invasive procedures, the hospital must resume compliance with the ICU staffing requirements.

波士頓市長候選人吳弭: 恭喜馬丁華殊獲提名出任美國勞工部部長

   (Boston Orange 周菊子報導) 波士頓市長候選人吳弭(Michelle Wu)今(7)日下午2點發出賀函，恭喜波士頓市長馬丁華殊(Martin J. Walsh)獲提名出任拜登(Joe Biden)政府的勞工部部長。

    波士頓環球報，CNN，Politico也都報導了這一消息。

    以下為吳弭發出的賀信:

波士頓市長馬丁華殊(Martin J. Walsh)。(檔案照片，周菊子攝)

I want to offer my congratulations to Mayor Walsh on his nomination as Labor Secretary for the Biden administration.

There is much work to do to clean up the backwards, anti-worker politics of the Trump administration that have hurt so many here in our city, and Boston needs a partner to fight for working families at the federal level.

Our city demands a new generation of bold, urgent leadership to build a more resilient Boston.

We launched this campaign months ago to reach out and connect with residents across every neighborhood and community, and I’m energized by the voices and stories of Bostonians envisioning a new future for our city.

I’m proud that our campaign is building the multigenerational and multicultural coalition that can deliver that vision, driven by community and powered by grassroots organizing.

Michelle

AG HEALEY ISSUES ADVISORY TO INFORM TENANTS OF THEIR RIGHTS DURING THE COVID-19 PANDEMIC

 

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.