The Baker administration, though, is pressing ahead. The governor on Tuesday said extending the moratorium would amount to “letting the problem fester.”
“The longer the moratorium stayed in place, the bigger the hole people would have to work themselves out of,” he said.
So now eviction cases will move forward, though no one’s yet quite sure how many. Trial Court Chief Justice Paula Carey said the courts expect anywhere from 25,000 to 200,000 cases in the coming months. Prior to the pandemic, state housing courts averaged about 3,300 cases per month, so that would be a big increase. But just how big remains to be seen.
The moratorium froze 11,553 pending cases, according to state court data. Those will resume first, with hearing notices starting to be sent out Monday, and won’t be eligible for some of the new protections Baker announced this week. https://www.bostonglobe.com/2020/10/16/business/with-housing-courts-set-re- open-monday-calls-grow-extend-ban-evictions/
With the expiration of Massachusetts’ eviction ban on Saturday, Oct. 17, the state’s court system is now available to landlords seeking to file eviction claims.
A federal eviction moratorium issued by the Centers for Disease Control is still in place through Dec. 31. However, the state’s courts have interpreted the federal action as allowing eviction cases to be filed, but orders of execution – the final legal action that forces a tenant to leave – may not be issued until the CDC moratorium ends.
Under a $171 million plan put forward by the Baker administration last week, landlords and tenants behind in rent still have ways to avoid eviction filings or a full trial entirely and still settle rent arrearages.
Before an eviction is filed, each side will be able to use beefed-up mediation services coordinated by the state’s nine expanded Housing Consumer Education Centers.
Landlords and tenants who do head to court will be able to use Housing Court-provided mediation under a new, two-tier process that includes the offer of state-paid lawyers for both sides.
To help make deals between landlords and tenants possible, Baker is adding about $67 million in federal pandemic aid to the state’s main housing assistance program, called Residential Assistance for Families in Transition (RAFT) on top of money already added to the program earlier this year. The state is also boosting the maximum RAFT payout from $4,000 per household to $10,00 per household, with the goal of keeping out-of-work tenants in place for six months or until the end of June if the tenant has school-age children. Landlords will be able to apply for RAFT on behalf of their tenants.
The Baker plan also gives an additional $48.7 million to the state’s HomeBASE program to help rapidly rehouse tenants who do get evicted and who are at risk of homelessness.
So far, some prominent landlord-tenant attorneys and landlord groups like MassLandlords say they’ve been urging landlords to look at court filings as a last resort, but both landlord groups and renter activists have said Baker’s plan needs at least $100 million more in rental assistance. https://www.bankerandtradesman.com/mass-eviction-ban-ends-whats-next/
【 在 gogo2004 (挑灯看剑) 的大作中提到: 】 : Produced by Massachusetts Law Reform Institute : Reviewed September 11, 2020 : On April 20, 2020 Massachusetts passed an emergency law to stop evictions : and foreclosures during the COVID-19 state of emergency. : On July 21, Governor Baker extended the moratorium to October 17, 2020. : .. : https://www.masslegalhelp.org/covid-19/housing#:~:text=On%20April%2020%2C%: 202020%20Massachusetts,moratorium%20to%20October%2017%2C%202020. : .. : "One in three Massachusetts tenants at risk of eviction, advocates say" : ...................
ON THE FIRST business day after the end of a six-month long statewide moratorium on evictions, not much happened. But that could change fairly quickly.
The 11,000-plus pending cases that were filed before the mid-April ban will now start moving forward in the state’s housing courts. A large chunk of those pending cases are so far along in the legal process that the landlords will simply obtain from the courts execution notices, which allow constables or sheriffs to physically remove a tenant and their belongings from their apartments.
Landlords can also begin the eviction process by sending a 14-day notice to quit to tenants they wish to evict for nonpayment of rent. After a tenant doesn’t reply to a notice to quit or declines to move, the landlord can then serve them with a summons for a court date. If mediation isn’t successful within two weeks, court proceedings can proceed. In 2019, it took 20 days, on average, for an eviction to play out after that point.
Tenants have one other, last recourse. If tenants officially claim within 30 days that the pandemic changed their financial status (a layoff or reduced hours) and caused them to fall behind on their rent, they may be able seek a stay of an eviction until the end of December under a moratorium established by the US Centers for Disease Control and Prevention. https://commonwealthmagazine.org/housing/with-eviction-ban-lifted-landlords-have-next-move/
Produced by Massachusetts Law Reform Institute
Reviewed September 11, 2020
On April 20, 2020 Massachusetts passed an emergency law to stop evictions
and foreclosures during the COVID-19 state of emergency.
On July 21, Governor Baker extended the moratorium to October 17, 2020.
..
https://www.masslegalhelp.org/covid-19/housing#:~:text=On%20April%2020%2C%
202020%20Massachusetts,moratorium%20to%20October%2017%2C%202020.
..
"One in three Massachusetts tenants at risk of eviction, advocates say"
https://www.masslive.com/news/2020/08/one-in-three-massachusetts-tenants-at-risk-of-eviction-advocates-say.html
.....
The Baker administration, though, is pressing ahead. The governor on Tuesday said extending the moratorium would amount to “letting the problem fester.”
“The longer the moratorium stayed in place, the bigger the hole people
would have to work themselves out of,” he said.
So now eviction cases will move forward, though no one’s yet quite sure how many. Trial Court Chief Justice Paula Carey said the courts expect anywhere from 25,000 to 200,000 cases in the coming months. Prior to the pandemic,
state housing courts averaged about 3,300 cases per month, so that would be a big increase. But just how big remains to be seen.
The moratorium froze 11,553 pending cases, according to state court data.
Those will resume first, with hearing notices starting to be sent out Monday, and won’t be eligible for some of the new protections Baker announced
this week.
https://www.bostonglobe.com/2020/10/16/business/with-housing-courts-set-re-
open-monday-calls-grow-extend-ban-evictions/
With the expiration of Massachusetts’ eviction ban on Saturday, Oct. 17,
the state’s court system is now available to landlords seeking to file
eviction claims.
A federal eviction moratorium issued by the Centers for Disease Control is
still in place through Dec. 31. However, the state’s courts have
interpreted the federal action as allowing eviction cases to be filed, but
orders of execution – the final legal action that forces a tenant to leave – may not be issued until the CDC moratorium ends.
Under a $171 million plan put forward by the Baker administration last week, landlords and tenants behind in rent still have ways to avoid eviction
filings or a full trial entirely and still settle rent arrearages.
Before an eviction is filed, each side will be able to use beefed-up
mediation services coordinated by the state’s nine expanded Housing
Consumer Education Centers.
Landlords and tenants who do head to court will be able to use Housing Court-provided mediation under a new, two-tier process that includes the offer of state-paid lawyers for both sides.
To help make deals between landlords and tenants possible, Baker is adding
about $67 million in federal pandemic aid to the state’s main housing
assistance program, called Residential Assistance for Families in Transition (RAFT) on top of money already added to the program earlier this year. The state is also boosting the maximum RAFT payout from $4,000 per household to $10,00 per household, with the goal of keeping out-of-work tenants in place for six months or until the end of June if the tenant has school-age
children. Landlords will be able to apply for RAFT on behalf of their
tenants.
The Baker plan also gives an additional $48.7 million to the state’s
HomeBASE program to help rapidly rehouse tenants who do get evicted and who are at risk of homelessness.
So far, some prominent landlord-tenant attorneys and landlord groups like
MassLandlords say they’ve been urging landlords to look at court filings as a last resort, but both landlord groups and renter activists have said
Baker’s plan needs at least $100 million more in rental assistance.
https://www.bankerandtradesman.com/mass-eviction-ban-ends-whats-next/
【 在 gogo2004 (挑灯看剑) 的大作中提到: 】
: Produced by Massachusetts Law Reform Institute
: Reviewed September 11, 2020
: On April 20, 2020 Massachusetts passed an emergency law to stop evictions : and foreclosures during the COVID-19 state of emergency.
: On July 21, Governor Baker extended the moratorium to October 17, 2020.
: ..
: https://www.masslegalhelp.org/covid-19/housing#:~:text=On%20April%2020%2C%: 202020%20Massachusetts,moratorium%20to%20October%2017%2C%202020.
: ..
: "One in three Massachusetts tenants at risk of eviction, advocates say"
: ...................
ON THE FIRST business day after the end of a six-month long statewide
moratorium on evictions, not much happened. But that could change fairly
quickly.
The 11,000-plus pending cases that were filed before the mid-April ban will now start moving forward in the state’s housing courts. A large chunk of
those pending cases are so far along in the legal process that the landlords will simply obtain from the courts execution notices, which allow
constables or sheriffs to physically remove a tenant and their belongings
from their apartments.
Landlords can also begin the eviction process by sending a 14-day notice to quit to tenants they wish to evict for nonpayment of rent. After a tenant
doesn’t reply to a notice to quit or declines to move, the landlord can
then serve them with a summons for a court date. If mediation isn’t
successful within two weeks, court proceedings can proceed. In 2019, it took 20 days, on average, for an eviction to play out after that point.
Tenants have one other, last recourse. If tenants officially claim within 30 days that the pandemic changed their financial status (a layoff or reduced hours) and caused them to fall behind on their rent, they may be able seek a stay of an eviction until the end of December under a moratorium
established by the US Centers for Disease Control and Prevention.
https://commonwealthmagazine.org/housing/with-eviction-ban-lifted-landlords-have-next-move/