Dear Neighbor,
Thanks to all of you who have been calling, texting, donating and even canvassing to elect a new president and Senate! As we wait for states to Count Every Vote, tens of thousands of Massachusetts residents face the life-changing trauma of eviction in the midst of the pandemic.
The moratorium on evictions and foreclosures expired October 17, when the governor declined to renew it. This newsletter is about what to do next. The next one will give more information, including about resources for people facing housing instability.
Many of us worry that people losing their homes will cause an even greater surge of COVID-19, as I wrote in a recent newsletter. The CDC agrees, explaining that "The CDC issued this Order because evictions threaten to increase the spread of COVID-19. During a pandemic, calling a temporary halt to evictions can be an effective public health measure to prevent the spread of disease."
So does Mass. Public Health Association, and the draft report of the Mass. Health Equity Task Force:
"The current October 17th renewal date for the eviction moratorium marks a predicted and preventable tidal wave of wide-scale housing instability and risk for homelessness in the midst of the COVID-19 pandemic."
Working with housing advocates, Reps. Mike Connolly and Kevin Honan and I filed legislation with 90 cosponsors in June to extend the moratorium for people directly impacted by the pandemic. The Housing Committee, chaired by Honan, reported an amended version on Oct. 1. We are still working to pass it. Rep. Connolly and I joined many Somerville residents, led by Community Action Agency of Somerville and Somerville Community Corporation on October 13, supporting a longer moratorium.
Even before the end of the moratorium, "informal evictions" were already happening, as landlords pressured tenants to leave. WBUR reported on several cases, including one where the landlord threatened to "call immigration." ICE shackled and detained the tenant, but finally released him until his court date after demonstrators surrounded their car.
These informal evictions will increase, as landlords give tenants Notices to Quit, the first step in eviction. Fortunately, in Cambridge and Somerville, landlords are required to tell tenants about resources along with a Notice to Quit. The amazing MAMAS (Mutual Aid Medford and Somerville) put multi-liingual posters on MBTA buses telling people how to learn their rights. For more on protections and the status of evictions in our district, see the next newsletter.
The Governor's Plan
Five days before the moratorium expired, the governor announced a plan to "manage the end of the moratorium." It includes adding and expanding programs, hiring lawyers, mediators, and other staff. You can read a description here, and the administration's description of resources here.
In time? Adequate?
The plan is ambitious and complex. It relies on access to RAFT (Rental Assistance for Families in Transition), as well as rapid hiring and training of hundreds of staff at state and private agencies. Many of us are skeptical that programs and staff will be in place to make it work. For example, Trial Court Chief Justice Paula Carey says that the program depends entirely on tenants and landlords gaining approval for RAFT funds within 3 weeks. But Metro Boston Housing, one of the agencies that administers RAFT, says it currently takes 8 weeks just to get a response to an application, let alone approval. And, despite the governor's plan claiming to make applications easier, agencies say the process is now more difficult.
We have previously seen difficulties in ambitious programs ramped up fast. For example, for the federal Pandemic Unemployment Assistance program, the Department of Unemployment Assistance added hundreds of call center workers. They helped thousands of applicants, but they also continued to give incorrect information to many callers for weeks if not months, costing claimants months without benefits.
Will RAFT save the day? The administration says that, while the average yearly number of evictions is around 40,000, they would expect 80,000 without their plan. Yet, they expect RAFT to serve only 14,000 households. What about the other 26,000?
Without some financial relief, landlords are far less likely to negotiate with tenants. They have costs, including mortgage, taxes, utilities. If RAFT pays something, landlords are at least somewhat less likely to pursue eviction.
How about the CDC Moratorium?
The CDC (Centers for Disease Control) placed a national moratorium on evictions. It explained that "The CDC issued this Order because evictions threaten to increase the spread of COVID-19. During a pandemic, calling a temporary halt to evictions can be an effective public health measure to prevent the spread of disease."
But we still need the Massachusetts ban extended, because the CDC ban is not nearly as effective as the Massachusetts ban was.
The Washington Post reported that:
The CDC Moratorium ends Dec. 31, in the middle of winter, and possibly during a resurgence of COVID.
Landlords can take all steps before actual removal before the moratorium ends, and the Trump administration clarified that they “are not required to make their tenants aware” such an eviction ban exists."
The CDC moratorium doesn't protect property owners from foreclosure and requiring forbearance, as the MA moratorium did. (I have heard of landlords facing foreclosure which will result in multiple families forced out.)
Tenants have to bring an affidavit to court; 25% of tenants never get to court because they don't understand or are afraid.
The CDC Moratorium ends Dec. 31, in the middle of winter, and possibly during a resurgence of COVID.
What's Next?
Since the governor didn't extend the moratorium, we in the legislature need to act soon to protect both tenants and landlords and to prevent homelessness during the pandemic.
Watch for information in the next newsletter about how many evictions there have been, what you can do if you are having trouble paying your rent or mortgage, and what the legislature is doing.
Stay safe, stay in touch!