SJC, leave eviction moratorium in place

 By: admin  June 11, 2020

In April, Gov. Charlie Baker signed a law that halted evictions during the COVID-19 pandemic.

Now, two landlords are petitioning the Supreme Judicial Court to step in, arguing that the mandatory pause is
violating their constitutional rights.

In the future, the balance of the equities on this issue may shift.
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The law stops most “non-essential” housing removals as long as the state of emergency Baker declared is still in
effect. Non-essential evictions include those for non-payment of rent, resulting from a foreclosure, for no cause, or
for a cause that does not include allegations of criminal activity or lease violations that may impact public safety.

The measure does not exempt tenants from the requirement of paying rent, but it does block landlords from
imposing late fees or alerting a credit agency if a renter can prove a failure to pay stems from a COVID-related
financial hardship.

The moratorium remains in effect until (1) Aug. 18, 2020, or (2) 45 days after the COVID-19 emergency declaration
has been lifted, whichever is earlier. However, the governor may extend the moratorium period for an additional 90-
day period, as long as it expires no later than 45 days after the state of emergency is lifted.

In their lawsuit, the plaintiffs complain that the moratorium has left them with no viable way to recoup the financial
losses they are suffering due to tenants not paying rent. They also claim that it violates both the Massachusetts
Constitution and the U.S. Constitution because it infringes upon their rights to access state courts and enforce
contracts.

At first glance, the moratorium may seem a bit one-sided, placing too much of the financial burden created by the
current pandemic onto rental property owners. And, given that the state courts are largely closed except for
emergency matters, it may also seem unnecessary as a practical matter.

But the court closures have not prevented evictions of the “self-help” variety, in which a landlord tries to push a
tenant out by changing the locks or shutting off utilities. Last month, the Attorney General’s Office reported it had
received a number of such complaints from tenants.

Further, while coronavirus cases and deaths are trending down, people are still being advised to stay at home when
they can. That means doing everything possible to keep people in their homes — and not forcing them to search for
new housing, or worse, look to the already-burdened shelter system — is just smart public policy.

This admittedly puts a burden on landlords. In the future, the balance of the equities on this issue may shift. But at
this point in the crisis it is critical to ensure housing stability. Housing, like food and health care, is a basic human
need.

We urge the SJC to reject the plaintiffs’ claims. 

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 Massachusetts Lawyers Weekly’s Editorial Advisory Board provides knowledge and guidance for the editorials that
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newspaper and its editorial staff, not the members, nor any given member, of the board.
BOARD OF EDITORS: Robert J. Cordy, Boston; Marguerite T. Grant, Canton; Sophia L. Hall, Boston; Martin W.
Healy, Boston; Hon. Margaret R. Hinkle, Boston; Thomas M. Hoopes, Boston; Regina M. Hurley, Boston; Shiva
Karimi, Boston; Hon. Rudolph Kass, Boston; Marsha V. Kazarosian, Haverhill; Andrea C. Kramer, Boston; Renee M.
Landers, Boston; Richard L. Levine, Boston; Elizabeth N. Mulvey, Boston; Eric J. Parker, Boston; C. Max Perlman;
Boston; Patricia M. Rapinchuk, Springfield; Martin R. Rosenthal, Boston; Jeffrey Sacks, Boston; Carol A. Starkey,
Boston.

Issue: JUNE 15 2020 ISSUE

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