Effective June 15, 2021, the Commonwealth’s COVID-19 State of Emergency has been lifted. To provide temporary regulations during COVID-19, many provisions of laws and executive orders were put in place until the end of the State of Emergency. Related to evictions, it was expected that most provisions of Chapter 257 of the Acts of 2020 would not be required once the State of Emergency was terminated. On June 16th, however, Governor Baker signed a bill to extend these provisions past the end of the State of Emergency.
Now, Chapter 20 of the Acts of 2021 extends the requirement for landlords to provide an attestation form with any Notice to Quit for non-payment of rent to a residential tenant until January 1, 2023. Through April 1, 2022, the courts will continue to be required to grant a continuance in eviction cases for non-payment of rent if the tenant has a pending application for emergency rental assistance. To further assist tenants, Massachusetts still has federal funding for rental relief aid. Additionally, continuing through January 1, 2023, Notices to Quit for non-payment of rent must still be sent to the Office of Housing and Economic Development through their website’s submission form.
The CDC Order, which provides eviction protection to tenants who meet certain requirements, has been extended through June 30, 2021, and it is not expected to be extended again. Federal judges have found that the CDC Order is unlawful as it was beyond the authority of the CDC to impose such a moratorium. The broadest decision that would set aside the order for everyone has been stayed, as the Department of Justice filed an appeal, but it was a statement by the judge that the CDC Order should not be further extended.
The Housing Courts have not yet issued any changes to the Standing Order that modified court operations during COVID-19. It is likely that a hybrid approach, which consists of some activities occurring via Zoom and others taking place in the courthouse, will continue for many months.
If you are a landlord seeking to proceed with an eviction, or a tenant who is facing an eviction, it is important that you understand your rights and work with someone that understands the changing procedures. Please contact Paula Miller at pmiller@pkboston.com or (508) 807-1131 for a consultation.