Governor Signs Eviction Protection Law

by | Jan 4, 2021 | Housing News

Governor Baker signed into law Chapter 257 of the Acts of 2020 on December 31, 2020, that establishes certain eviction protections and related policy changes. These provisions can help tenants better navigate through the complexities of eviction proceedings and help increase awareness of existing housing payment programs.

The language was originally passed by the Legislature as outside section 79, 80, 88 and 103 in the FY2021 budget that were amended by the Governor. The Legislature overrode the amendments and passed the language as as bill no. H.5181 An Act Providing for Eviction Protections during the COVID-19 Pandemic Emergency.

The new law establishes the following:

  • Revised notices to quit for COVID-related evictions;
  • Delaying eviction cases if there is a pending application for emergency rental assistance;
  • Reporting requirements for the Eviction Diversion Initiative; and
  • The creation of a task force to make recommendation on how to improve the Eviction Diversion Initiative. (See description below)

CHAPA thanks the Legislature and the Governor to ensure support for eviction protections during the ongoing pandemic and work towards equitable recovery through housing support.

Description of the sections:

COVID-19 Notices to Quit:

During the COVID-19 emergency declaration, requires property owners to accompany any notice to quit for non-payment of rent sent to a tenant with a form with certain information specified in the statute. The form can be found at mass.gov/noticetoquit. It includes:

  1. A statement on whether the tenant provided a declaration invoking protection from the CDC federal eviction moratorium;
  2. A statement on whether the unit is covered by the eviction moratorium on certain rental properties with federal assistance or federally related financing under the federal CARES Act;
  3. Documentation of any repayment agreement between the property owner and tenant; and
  4. Information on:
    • Available rental assistance programs;
    • Applicable trial court rules or orders about eviction cases; and
    • Any relevant federal or state legal restrictions on evictions.

The new law also requires a landlord to send to EOHED electronically a copy of any notice to quit for nonpayment of rent given in writing to a residential tenant  EOHED has created a portal for landlords to upload the required electronic copy of the notice to quit.  The portal for upload also can be found at mass.gov/noticetoquit.

COVID-19 Eviction Case Delay for Pending RAFT Applications:

Directs courts to grant a continuance or stay an execution of judgement for non-payment of rent eviction cases caused by COVID-19 if the tenant has a pending application for any emergency rental assistance. Also requires the trial court to report data on eviction cases, cases participating in pretrial mediation, the number of parties receiving legal assistance, and other relevant information.

Reporting on Eviction Diversion Initiative:

Requires DHCD to report monthly on the Governor’s Eviction Diversion Initiative, including information on:

  • Expansion of RAFT;
  • Emergency Rental and Mortgage Assistance Program;
  • Expansion of Housing Consumer Education Centers;
  • Rapid rehousing assistance, including HomeBASE;
  • Expansion of the Tenancy Preservation Program; and
  • Any other relevant information.

Also requires DHCD to report the number of notices to quit received by EOHED.

Eviction Diversion Initiative Task Force:

Creates a task force on the Eviction Diversion Initiative to track outcomes and make recommendations on how to improve its effectiveness, efficiency, and reach. Directs the task force to submit a report on its finding and recommendations by January 31, 2021.

Kuehn Foundation Recruiting 2021 Fellows

by | Jan 4, 2021 | Housing News

On behalf of Jennifer Gilbert and the trustees and partners, the Kuehn Foundation is pleased to announce that the foundation will recruit another cohort of Fellows for its two-year practice-based, paid fellowship. The Kuehn Fellowship is open to recent masters or professional level graduates for whom it provides a distinctive entre into the world of affordable housing and community development.

Six fellows will be selected in a competitive process for a July 2021 start date at a Greater Boston-based housing nonprofit. Fellows receive further support and career development opportunities through the Fellow cohort, an individual mentor, and monthly Fellow gatherings.

The process for applications for Kuehn Fellows is now open with applications due by February 12, 2021. Please note key dates in the FAQ as well as answers to the most common questions. An informational webinar (not mandatory) is scheduled for January 20th at 9:30 AM via Zoom. The FAQ has login information. In particular, any selected Kuehn Fellow will need to be available for the Matching Event with dates TBD in April.

You can download the 2021 application or visit the Kuehn Foundation’s website. Please submit it with all materials as a PDF.

You can learn more about the position at each host organization through the 2021 Host Summaries.

ACTION ALERT: Ask Your State Legislators to Help Include Zoning Reform in the Economic Development Bill

by | Dec 31, 2020 | Housing News

There are only a few days left for the Legislature to pass the Economic Development Bill with zoning reforms that will help create more homes in Massachusetts!

Please call or email your State Representative and Senator TODAY to ask them to speak with House Speaker Mariano and Senate President Spilka about including zoning reform in the Economic Development Bill!

You can use the following script in your message to your legislators:

As your constituent, I ask that you please speak with House Speaker Mariano and Senate President Spilka about including zoning reform in the final Economic Development Bill. These zoning reforms, which should at least include Housing Choice passed by both the House and Senate, will make it easier to create homes that are affordable in our community. We need to pass these reforms now to help everyone have a safe, healthy, and affordable home!

As always, thank you for your advocacy! More information on the Economic Development Bill is included below.

The Massachusetts House and Senate are currently negotiating a final Economic Development Bill. The Legislature must agree to a final bill and send it to the Governor before the next legislative session begins on January 6, 2021.

In July, the House and Senate both passed Economic Development Bills with many important zoning reforms and housing-related sections. By including these sections, the Legislature made clear that housing is critical to our economic development and recovery. These reforms will also begin to undo exclusionary zoning and help ensure that everyone has the opportunity to live in the community of their choice.

The House and Senate both included Housing Choice provisions in their Economic Development Bills. The Senate also included additional provisions that would require multifamily zoning in communities served by the MBTA, abutter appeals reforms, and state-wide affordable housing production goals.

The final Economic Development Bill should at least include the Housing Choice provisions passed by both the House and Senate. Enacting Housing Choice now would be a meaningful step towards meeting the Commonwealth’s housing needs. This would also allow us to work next session on additional needed zoning reforms that will help ensure that Massachusetts has homes affordable to all, regardless of income!

Thank you again and Happy New Year!

Congress Passes $1.4T FY21 Budget & $900B Relief Package

by | Dec 21, 2020 | Housing News

On Monday January 21st, Congress passed a combined omnibus appropriations bill and COVID-19 relief package. In total, the bill contains $2.3 trillion, which includes $1.4 trillion to fund the government through the end of the fiscal year on Sept. 30 and $900 billion in economic relief.

The $900 billion economic relief section of the bill received the most attention and provides the following resources:

  • $25 billion to the Coronavirus Relief Fund (CRF). Funds may be used for back and forward rent, utility payments, and other housing expenses.  Assistance can be provided for 12 months.  States and localities can provide an additional three months of assistance “if necessary to ensure housing stability for a household”  Under the legislation, cities and states can make payments directly to landlords or utility companies on behalf of renters. If a landlord refuses to accept the rental assistance, cities and states can give assistance directly to the renter, who can then make payments to the landlord or utility provider.
  • Extension of the the Centers for Disease Control and Prevention (CDC) federal eviction moratorium to January 31, 2021;
  • Extension of the CRF spending deadline from the CARES Act to December 31, 2021;
  • A permanent floor for the 4% Low-Income Housing Tax Credit (LIHTC) rate;
  • $9 billion Emergency Capital Investment Program (ECIP) to provide low-cost, long-term capital investments to minority depository institutions (MDIs) and community development financial institutions (CDFIs); and
  • $3 billion to the CDFI Fund to provide grants and other financial assistance to CDFIs.

In addition to these much needed resources for tenants, the relief bill contains funding for stimulus checks, extended unemployment benefits, and small business loans.

The FY21 THUD budget also provides the following housing resources:

  • $7.8 billion for the Public Housing Fund;
  • $3.5 billion for CDBG;
  • $3 billion for Homeless Assistance Grants;
  • $43 million in new Section 8 vouchers for Homeless Individuals and Families, including veterans and survivors of domestic violence;
  • $1.4 billion for the HOME Investment Partnerships Program;
  • $855 million for Section 202 Housing for the Elderly; and
  • $227 million for Section 811 Housing for Persons with Disabilities;

This spending and relief bill provides much needed financial support for millions of renters struggling to pay their rent and may prevent millions more from losing their homes in January. However, more advocacy will be needed next year to continue to ensure people have the supports they need to pay their rent and mortgage as well as recover from the pandemic.

Governor Baker Signs FY2021 State Budget

by | Dec 14, 2020 | Housing News

On Friday, December 11, 2020, Gov. Charlie Baker signed the $45.9 billion state budget for the remainder of the state’s fiscal year 2021 (FY2021). For each of CHAPA’s priorities, the budget contains the increased appropriation amount from the previous year’s budget. Summary of CHAPA Budget Priorities.

The final budget signed by the Governor maintains the higher appropriations for CHAPA’s priorities, including RAFT, MRVP, HomeBASE, and public housing. The Governor struck language for arrearage pilot under RAFT and certain reporting requirements in HomeBASE.

The Governor also amended outside sections that would delay eviction proceedings if there is a pending application for emergency rental assistance; require that tenants are notified of any available housing assistance before an eviction; and establish data reporting requirements and a task force on the Governor’s Eviction Diversion Initiative. Governor’s amendment letter for the housing related outside sections.

CHAPA thanks Governor Baker for maintaining the increased allocations for affordable housing, homelessness prevention, and community development programs in the FY2021 budget.

Below is an overview of CHAPA priorities in the budget signed by the Governor.

Massachusetts Rental Voucher Program (MRVP) (7004-9024)

The FY2021 final budget allocated close to $135 million for MRVP. This includes $9.4 million unspent funds from FY2020.

Alternative Housing Voucher Program (AHVP) (7004-9030)

The FY2021 final budget allocated $12.5 million for AHVP. This includes rollover of $1.9 million unspent funds in the total appropriations.

Residential Assistance for Families in Transition (RAFT) (7004-9316)

The FY2021 final budget allocated $54.7 million for RAFT, including $4.7 million from the Housing Preservation and Stabilization Fund.

Housing Consumer Education Centers (HCECs) (7004-3036)

The FY2021 final budget appropriated $4.75 million. The higher appropriation will provide HCECs with much needed funding to hire more staff and reduce the processing time for RAFT applications to get households the timely assistance they need.

HomeBASE (7004-0108)

The FY2021 final budget appropriated $29 million.

Public Housing Operating Subsidy (7004-9005)

The Public Housing Operating Subsidy received a significant increase in the FY2021 final budget with $80 million allocation.

Foreclosure Prevention & Housing Counseling (7006-0011)

The FY2021 final budget appropriated $2.85 million. The additional funding can support much needed foreclosure prevention tools, such as direct advocacy and counseling as the housing crisis unfolds during the pandemic.

Tenancy Preservation Program (TPP) (7004-3045)

The FY2021 final budget appropriated $1.5 million. Ensuring adequate funding for this program is critical to prevent evictions as the state and federal moratorium on evictions end.

Home and Healthy for Good (7004-0104)

The FY2021 final budget allocated $3.39 million for this line item that helps households and individuals facing homelessness.