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Exhibit B This Exhibit B consists of 11 sub-exhibits, labeled Exhibit B-1, B-2, .. B-1l. Each sub-exhibit consists of two components (i) an Affidavit and Rule 17(c) (5) Declaration and (ii) a personal letter addressed to the Court in support of the Plaintiff, Mitch Matorin, Each sub-exhibit comes from a separate and distinct Massachusetts landlord. In other words, this Exhibit is a compilation of eleven “stories” from eleven different landlords, who wanted to share their stories with the Court, and were in need of an efficient method to do so. The Amici Curiae offered to include these eleven stories as an Exhibit to their Amicus Brief, because they believe they help express some diversity of experience from the damaging impacts caused by the Moratorium on mostly small landlords. Exhibit B-1: Table of Contents for this Exhibit B Chris Bilotti Exhibit B-2: Jonathan daPonte Exhibit B-3: Marie Baptiste Exhibit B-4 Yokasta Melo and Carlos Baez (husband and wife separate affidavits Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit B-5: B-6: B-7: B-B: B-9: B-10: Bell: Baris Berk Alan Issokson Bruce Metcalf Roman Chyla Charles Sachetta Mark Horn Robert Jordan two B-| COMMONWEALTH OF MASSACHUSETTS SUFFOLK, SS. SUPERIOR COURT CIVIL ACTION NO.: 20-1334G MITCHELL MATORIN Plaintiff, v. EXECUTIVE OFFICE OF HOUSING AND ECONOMIC DEVELOPMENT, ETAL Defendants SS [DAVIT 7(C)(5) DE! TIC The attached Exhibit B-! is my statement that I wish to submit to the Court for its consideration, as part of the Amicus Brief of GTI and JMAH, and in support of Plaintiff's Motion for Preliminary Injunction. In addition, I hereby declare the following, with respect to Rule 17(¢\(5) of the ‘Massachusetts Rules of Appellate Procedure: (@) No party nor any party’s attomey authored my statement or this affidavit and declaration, in whole or in part. (©) No party nor any party's attomey contributed money that was intended to fund the preparation or submission of my statement or this affidavit and declaration. (©) No person or entity contributed money that was intended to fund preparing or submitting my statement or this affidavit and declaration. (@) Thave never been involved in the representation of any party to this action in any other proceeding that in any way relates to the issues involved in this case, nor have they represented me in any such matter. ‘That said, T communicated with attorney Jeff Abrams in connection with the preparation and submission of my statement and this affidavit and declaration. It is my understanding that Jeff Abrams is not a party to the case and is not serving as the attorney to any party in this case, but rather is working on an Amicus Brief that I intend my statement to be a part of, ‘Under the penalties of perjury, the undersigned hereby declares the above and attached Exhibit B= to be true and accurate to the best ofits knowledge: NAME: Sage han 5 ADDRESS: (2 Cest Crk SuKheld, (er 229/7 July 24, 2020 = Te ee oe 941 DYER AVENUE CRANSTON, RI 02920 401-942-5592 July 20, 2020 To Whom It May Concern: am a landlord with approximately 700 units under management. Approximately 500 of those units are in Rl and the remaining 200 units are in MA. | have been managing multifamily properties for approximately fifteen years. | am a Certified Public Accountant and as a CPA, worked in public practice for fourteen years advising and consulting for real estate development companies and subsequently worked for five years as the Chief Financial Officer of a large development company with hundreds of millions in multifamily assets. | have also been called to testify as an expert in the feld in a suit involving 2 dispute between partners in a real estate holding company and | have advised and provided capital to several smaller operators. ‘My experience and perspective lead me to observe three problems with the moratorium. First, the result of the moratorium will be exactly the opposite of its intent because as landlords make their selection criteria more stringent (which is inevitable in the wake of the moratorium), the tenants who are hurt will be exactly those tenants this moratorium was intended to help. Second, most tenants have not been affected financially by the shutdowns, but what we are seeing is “opportunistic default”, that {s, many tenants taking advantage of the law do not actually need the help. The third and final point is ‘that the delay in going through the eviction process will make the amount of back-rent insurmountable and increase the number of evictions that ultimately result in removal rather than some kind of Payment arrangement, which is a common practice for us in the non-moratorium context. The Qn to the ll Cause More Damage than the Passage of the Law will Prevent Before the eviction moratorium, our tenant acceptance policy consisted of income equal to or more than 3 times the gross rent, no prior evictions, and marginally decent credit. We would sometimes make exceptions to the policy for people with prior evictions if the eviction happened more than 5 years earlier, they had paid the back rent to the previous landlord, and/or their income was well above the minimum and they had been at the same job for several years. We also rarely rejected an applicant because of bad credit. Today, because of the moratorium, we have tightened our leasing policies as. follows: ‘* We require a credit score that is above 700 (this is not a FICO score, but a proprietary score created by an outside service provider that scores prospective tenants), whereas previously we focused less on credit and more on whether or not they had the income to support the rent. ‘We no longer make exceptions for past evictions. We require first, last and security deposit upon move-in (rather than just First and Security) Bit Gr, be Property Management We are not alone. About 50% of our tenants rent because they would never qualify for a mortgage. The reason they cannot get a mortgage is because lenders have too much to lose in the foreclosure process. We would generally rent to these tenants because our losses from selecting a bad tenant are generally manageable. A typical eviction results in removal occurring approximately two months after the first missed payment which means that if we take a shot on a questionable tenant, we lose one month's rent after applying the security to the unpaid balance. However, as a result of the moratorium, we have ‘some tenants that owe us upwards of $10,000 each and that is money that we know we will never see, and we are still at least a month out from getting them removed. We can no longer afford to risk thousands on each tenant, So we have no choice but to be more selective and increase deposits pai move in. 'fyou need a case in point for the opposite end of the spectrum, hotels never check your credit before You move in. That is because if you do not pay, they simply change the lock and put your bags in the lobby and rent the room out to someone else. The greater the loss from a bad tenant, the greater the scrutiny and the more tenants that have low qualifications will slip through the cracks. How many tenants ih id? ‘We typically require income of three times the rent and seldom see income more than four times the rent. We operate in Fall River, New Bedford and Taunton and our rents range from $800 to $1,500, with the larger rents attributable to the larger units. Most tenants have income in the $3,000 to $4,000 per ‘month range ($36,000 to $48,000 per year). In MA, unemployment pays 50% of your income (up to a Cap) so someone making $1,000 per week ($50,000 per year), will get $500 per week from unemployment (50% of average wages). They will aso get $600 a week as a federal subsidy under the CARES act. In that respect, they would be getting $1,100 a week while unemployed ($100 per week more). We have several unemployed tenants who at first did not pay because they were waiting for the State to process thelr unemployment claims. When the eviction moratorium went into effect, they received both the federal CARES act payment of $1,200 and they started collecting their unemployment benefits and when we attempted to collect rent, they essentially told my staff, “'m not paying and you can’t make me” and proceeded to hang up the phone, They did this even though we know they are collecting unemployment, ‘The tenants that are not employed at that level are on some sort of fixed income (Social Security, Pension, Section 8 housing, or some combination of the three), that was not impacted by the economic shutdowns. We have two tenants on Section 8 that are not paying their share of the rent. There is absolutely no excuse for this because if the tenant’s income was affected, they could simply call their case worker and submit the documentation to support the change in circumstances and Section 8 would instantly increase the housing authority share of the rent and decrease the tenant share based upon the tenant's lower income. The sole reason for non-payment is because the threat of eviction is removed, ‘These tenants do not fear negative credit reporting or a debt judgment as they do not have any income that s eligible for attachment so no one will spend the money to attempt to collect from them. The only consequence they fear is eviction and that has been removed. The above are specific examples of what | would call “opportunistic default”. | know there are more Cxamples because | also own quite a few units in Rl. Ri was equally affected by lockdowns and yet my bad debt expense doubled in RI from about 0.5% to about 1.0%. The increase was a function of the Ie B-] ‘ Blolt Croup, le Property Management court closure and the fact that it took longer to remove tenants that otherwise would have been evicted. In MA, bad debt increased to about 8%. The key difference between Rl and MA was the eviction moratorium. | want to note that when vacancy loss costs us between 3 — 5% of gross revenue and operating costs and debt service generally ranges from 75% to 85%, there is not a whole lot of room for error. Eviction Pr for Both the Tenant AND the Landlord: Lastly, approximately 50% of our eviction filings typically result in some form of payment agreement and at least 50% of those tenants abide by the payment plan and cure the default and stay in their homes. The court has a unique ability to compel both parties to work through their differences and arrive at a Solution that they can both live with. We have several tenants that have been to court several times, made payment arrangements and then caught up. There are two that | can think of that upon learning of the eviction moratorium, have stopped paying. They are now so far behind that finding a mutually beneficial payment agreement once the moratorium is lifted will be impossible. A typical tenant who is about a month or two behind by the time they get in front of a judge will enter into a payment plan requiring an extra $100 a week will get them caught up in two to four months. These two tenants who have made payment arrangements and caught up in the past are so far behind, they would have to pay 150% of their rent for the next eight to ten months and itis unrealistic that they will be able to afford that. As a result, a payment arrangement that allows them to stay in their homes will be out of reach and they will be forced to move. In Summary: The above is a brief synopsis of my experiences related to the moratorium, however, it was not intended to be exhaustive. While many of my points were limited to my own personal experiences, the issues expand beyond that. For example, taking money away from good landlords who try to follow the law ‘and making illegal self-help evictions more “profitable” will encourage honest landlords to sell Properties that service the hardest hit tenants and the buyers of those properties are more likely to be slumlords that will take advantage of tenants with questionable credit that have fewer opportunities. ‘The balance of good landlords, good tenants and a fair judicial system is necessary to make sure housing remains stable for both the investors who create the housing and the tenants who rent the housing, Resp Christopher V Bilott, President The Bilotti Group, Inc. COMMONWEALTH OF MASSACHUSETTS, SUFFOLK, SS. SUPERIOR COURT CIVIL ACTION NO.: 20-1334G MITCHELL MATORIN Plaintiff, v. EXECUTIVE OFFICE OF HOUSING AND ECONOMIC DEVELOPMENT, ETAL Defendants FIDAVIT and RULE 17 TION The attached Exhibit B-7- is my statement that I wish to submit to the Court for its consideration, as part of the Amicus Brief of GTI and JMAH, and in support of Plaintif?'s Motion for Preliminary Injunction. In addition, I hereby declare the following, with respect to Rule 17(c)(5) of the Massachusetts Rules of Appellate Procedure: (@) No party nor any party’s attorney authored my statement or this affidavit and declaration, in whole or in part, (b) No party nor any party's attorney contributed money that was intended to fund the preparation or submission of my statement or this affidavit and declaration. (©) No person or entity contributed money that was intended to fund preparing or submitting ‘my statement or this affidavit and declaration. (@ Thave never been involved in the representation of any party to this action in any other proceeding that in any way relates to the issues involved in this case, nor have they represented me in any such matter. ‘That said, I communicated with attomey Jeff Abrams in connection with the preparation and submission of my statement and this affidavit and declaration. It is my understanding that Jeff Abrams is not a party to the case and is not serving as the attorney to any party in this case, but rather is Working on an Amicus Brief that I intend my statement to be a part of. Under the penalties of perjury, the undersigned hereby declares the above and attached Exhibit B-2 to be true and accurate to the best of its knowledge: NAME: Jonathan dataate SIGNATURE: J ADDRESS: ADA Bed Pood st. July 24, 2020 Dear Judge, ‘My name is Jonathan daPonte, I am 32 year old combat veteran who is married with 2 children. My town of residence is Dighton, MA. Iam a full time funeral director, Thave acquired 3 residential properties in the last ten years. In my portfolio there is one 2 family, one 4 family, and one 6 family. The purpose of the purchases were to alleviate the physical and ‘emotional burden of physical labor for over 55 hours on a weekly besis. The intentions were to always be very reasonable with the rents, well below “ fair market value”, while maintaining a roughly 15% profit, to cover unexpected bills, maintenance, or any financial burden that may occur. The intentions were to utilize the properties, either by divesting them, leveraging them, or utilizing their financial windfall to fund the children’s further education, or hopefully not, a fanding mechanism to provide medical care to one of the dependents. ‘The eviction moratorium has been absolutely DEVASTATING to say the least. There were some tenants whom were already on the docket for an eviction, non payment of rent for 4 months (prior to the closing of courts/ eviction moratorium) on very minimal housing. The tenant owes ‘over $7000 in rents and continues to accrue more rent monthly. Due to the tenant (who already had an eviction pending) becoming disruptive with other tenants, becoming very destructive with the property in itself by way of damages, amongst many other concems, have arisen due to their ability to run amuck, consequence free. There is an effective rent strike, with another tenant saying (I'm going to paraphrase out of respect for the court and respect for your honor in regards to the profanity )“ I'm not paying , “profanity” go “profanity” yourself “vulgarity”. You can’t evict me! The actions of not paying and alienating the good tenants, have cost well over $25,000 dollars, and that continues to climb. What this moratorium has done is effectively eliminate the only leverage to curtail bad behavior. In the normal scenario, the building would gross approximately $4,000 in income with approximately $3,200 in expenses. The expenses include but not limited to: mortgage, taxes, insurance, city utility bills for water and sewage, gas, electricity, maintenance and ‘management fees. However currently because of the moratorium, and the inability to hold tenants accountable, the building is grossing approximately $1300, leading me down the path of approximately $2000 loss monthly. Unfortunately this moratorium is also a death sentence to my credit, my physical health (1 am now working a very large amount of hours weekly to cover the losses and it is failing ) my credit and my lifeline; I do not see how I can survive this. If by some iiacle I do survive this, I will no longer be able to keep the rents well below market value, the roughly 2/3 of that cost. This moratorium will make the housing market more stringent, and ‘uch more selective further creating more of housing crisis within the commonwealth, += COMMONWEALTH OF MASSACHUSETTS SUFFOLK, SS. SUPERIOR COURT CIVIL ACTION NO. MITCHELL MATORIN ) ) Plaintiff, ) ) v. ) ) EXECUTIVE OFFICE OF HOUSING ) ) AND ECONOMIC DEVELOPMENT, ) ) ETAL ) ) Defendants ) ee) AFFIDAVIT and RULE 17(C)(5) DECLARATION ‘The attached Exhibit B-3 is my statement that I wish to submit to the Court for its consideration, as part of the Amicus Brief of GTI and JMAH, and in support of Plaintiff's Motion for Preliminary Injunction. In addition, Thereby declare the following, with respect to Rule 17(c)(5) of the Massachusetts Rules of Appellate Procedure: (@) No party nor any party’s attorney authored my statement or this affidavit and declaration, in whole or in part. (b) No party nor any party’s attorney contributed money that was intended to fund the preparation or submission of my statement or this affidavit and declaration. (©) No person or entity contributed money that was intended to fund preparing or submitting my statement or this affidavit and declaration. (@ Ihave never been involved in the representation of any party to this action in any other B-3 proceeding that in any way relates to the issues involved in this case, nor have they represented me in any such matter. That said, I communicated with attomey Jeff Abrams in connection with the preparation and submission of my statement and this affidavit and declaration. It is my understanding that Jeff Abrams is not a party to the case and is not serving as the attorney to any party in this case, but rather is working on an Amicus Brief that I intend my statement to be a part of. Under the penalties of perjury, the undersigned hereby declares the above and attached Exhibit B-3 to be true and accurate to the best of its knowledge: Marie Baptiste NAME: bebe = ; stonarune; [rams Beptte te ee Sees ‘Avon, MA 02322 July 24, 2020 8-3 Dear Judge, My name is Marie Baptiste. | am a property owner for the 2-family property at 30-32 Country Club Drive, in Randolph, MA. | have owned this property since 1995, and lived in the 30 Country Club side Until 2002, while 32 Country Club was always rented out. As of 2002, | have rented out both sides. Since November 2019, they have not paid any rent. The couple is gainfully employed yet maliciously chose not to pay their rent. The wife owns and operates @ home-care agency, and the husband is a driver for Uber. Prior to Covid-19, | started the process to try to evict, but the Moratorium stopped the process. As of today, they owe past due rent of approximately $19,000. They have destroyed my property as well by damaging cabinets, fire alarms they removed, and the heating system, Since Covid- 19, they now feel empowered to stay living there indefinitely without paying anything. |, on the other hand still have to go to work as a nurse, exposing myself to the deadly virus out there in order to pay the mortgage, utilities, property taxes, so | don’t lose something | have spent years working hard to obtain. As | am approaching retirement age, | have had to dip into my retirement account, and removed $18,900, to pay for these expenses for tenants that chose not to pay for dwelling. The monthly expenses are approximately $3,900 for the Randolph property, on average, while still spending more than $2,000 on average on my own residence. The state has essentially forced me to provide shelter for people that are not my responsibility or related to me. As an immigrant in this country, had to work extremely hard for everything that | currently own, It is demoralizing to know that it can be seized by the government through no fault of my ‘own and given to another individual. | would like for this law that is clearly one sided to be changed and restore fairness to everyone involved. While there is a pandemic going on and actions need to be taken, the government should be responsible for providing housing for people and not force a private citizen to suffer even more losses. The current law should be revoked and there should be a way for people like myself to be made whole. Thank you for your consideration of my situation, Sincerely yours, Sm Marie Baptiste B-4 COMMONWEALTH OF MASSACHUSETTS SUFFOLK, SS. SUPERIOR COURT CIVIL ACTION NO.: 20-1334G MITCHELL MATORIN Plaintiff, v. ) ) ) ) } EXECUTIVE OFFICE OF HOUSING ) ) AND ECONOMIC DEVELOPMENT, ) ) ETAL ) ) ) Defendants een rm) AFFIDAVIT and RULE 17(C)(5) DECLARATION ‘The attached Exhibit B- is my statement that I wish to submit to the Court for its consideration, as part of the Amicus Brief of GTI and JMAH, and in support of Plaintiff's ‘Motion for Preliminary Injunction. In addition, I hereby declare the following, with respect to Rule 17(c)(5) of the Massachusetts Rules of Appellate Procedure: (@) No party nor any party's attomey authored my statement or this affidavit and declaration, in whole or in part. (b) No party nor any party’s attorney contributed money that was intended to fund the preparation or submission of my statement or this affidavit and declaration, (©) No person or entity contributed money that was intended to find preparing or submitting my statement or this affidavit and declaration, (@) Ihave never been involved in the representation of any party to this action in any other B-Y¥ proceeding that in any way relates to the issues involved in this case, nor have they represented me in any such matter. ‘That said, I communicated with attorney Jeff Abrams in connection with the preparation and submission of my statement and this affidavit and declaration. It is my understanding that Jeff ‘Abrams is not a party to the case and is not serving as the attorney to any party in this case, but rather is working on an Amicus Brief that | intend my statement to be a part of Under the penalties of perjury, the undersigned hereby declares the above and attached Exhibit B-4 to be true and accurate to the best of its knowledge: Carlos Baez NAME: SIGNATURE: ADDRESS: 20 Turning Mill lane Randolph MA 02368 July 24, 2020 B-4 COMMONWEALTH OF MASSACHUSETTS, SUFFOLK, SS. SUPERIOR COURT CIVIL ACTION NO.: 20-1334G MITCHELL MATORIN Plaintiff, v. EXECUTIVE OFFICE OF HOUSING AND ECONOMIC DEVELOPMENT, ETAL Defendants AFFIDAVIT and RULE 17(C)(5) DECLARATION The attached Exhibit B-__ is my statement that I wish to submit to the Court for its consideration, as part of the Amicus Brief of GTI and JMAH, and in support of Plaintiff's Motion for Preliminary Injunction. In addition, I hereby declare the following, with respect to Rule 17(c)(5) of the Massachusetts Rules of Appellate Procedure: (@) No party nor any party’s attorney authored my statement or this affidavit and declaration, in whole or in part. (b) No party nor any party’s attorney contributed money that was intended to fund the preparation or submission of my statement or this affidavit and declaration. (©) No person or entity contributed money that was intended to fund preparing or submitting, my statement or this affidavit and declaration (@ Ihave never been involved in the representation of any party to this action in any other B-Y proceeding that in any way relates to the issues involved in this case, nor have they represented me in any such matter. ‘That said, I communicated with attorney Jeff Abrams in connection with the preparation and submission of my statement and this affidavit and declaration. It is my understanding that Jeff Abrams is not a party to the case and is not serving as the attorney to any party in this case, but rather is working on an Amicus Brief that I intend my statement to be a part of. Under the penalties of perjury, the undersigned hereby declares the above and attached Exhibit B-__to be true and accurate to the best of its knowledge: Yokasta Melo NAME: SIGNATURE: ADDRESS: urning Mill lane Randolph MA 02368 July 24, 2020 Dear Judge, My name is Carlos Baez and my wife's name is Yokasta Melo, we live in Randolph MA. | currently work doing IT, | have been doing this for the past 10 years. My wife Yokasta right now is home taking care of our 2 year old son, although she was working for the finance department of a nonprofit company before we decided that she will take a break and take care of our son until he is able to go to school. And also she is in charge of managing our properties. We have been in the business of rental properties since 2012. We own a couple of muti families and a few single families. We have 11 tenants. We worked so hard for what we have now, we were just 22 years old when we bought our first mult family. We both were ‘working two jobs, saving every single penny to put it toward the down payment, we didn't take any vacations, we were working Monday to Monday in order to achieve the American dream. While others were traveling or buying expensive stuff we were just getting enough sleep so we could start our 16hr shift. We saved every single dollar we made. We put it away so we can start building a future for our family. ‘Also we wanted to be able to help those that were not able to qualify for renting a house. Low income families, with low credit scores, and not much in their bank account, stuff that ‘make it almost impossible for those to find a place they can call home. While | was dating my wife we saw this issue when her family was stuck and couldn't find a place to move just because they didn’t have a great credit score, money in their savings account and they were working making the minimum wage. We always talked about some day we are going to be able to help some of those who are in need of a place just as her parents struggled whil they were the best tenant anyone could have, but on paper they were not qualified. So this made me very interested in how the rental property business worked and that's how we started. ‘We don't make a huge amount of money in those rentals we have, we make enough to pay the bills and little to put aside for the future. This business is very important to my family because it is where we put everything we work so hard for, years of not spending anything so we save for a dream, where we think twice before spending money outside. This will be ‘our retirement some day when we are able to pay the mortgage and have enough cash flow to cover our living and the education of our son. The future goal is to keep paying down and hope someday we will be mortgage free or at least close so we can benefit from all the hard ‘work and time me and my wife are putting in this. Boing a landlord is not the easiest thing! We love to be able to help those in need but ‘sometimes there's no way to find out if you are helping someone that really needs it or if you are just being played. We have two 5-family buildings. In the first one, we have a tenant who has a past due balance of $5,280. Her rent is $800 for a two bedroom apartment. She admitted that she has been on unemployment and ‘making the $600 plus weekly. She can afford the rent, indeed she is receiving more now than she did before the Covid 19 shutdowns. We went to court back in February, she was supposed to pay February rent and move the next month or we could have called the constable and remove her from the apartment by court order, however she reached out to us B-4 due to Covid 19 the apartment she was supposed to move to got delayed so we agreed on letting her to stay longer until her new apartment was ready. On top of me losing or not having those 7 month of rent payment, | have to spend money on court fees and attorneys, the court just asked her to start paying going forward and that she had two months to leave the apartment, and nothing about what she owes us, in the meantime | have to send maintenance for fixing stuff in her apartment. My second building is even worse. One tenant was placed in her apartment in November 2019, and she didn't pay for December and she completely stopped making payments in April 2020 after the moratorium started. She currently has a balance of $4,250, and her rent is $850 for 2 bedrooms. We had filed for court but the court date was cancelled in March. ‘We have tried to get in contact with these two tenants because we were open to do payment plans, however they never answer and they never get back to us. The only way we know anything about these two is when something has to be fixed, which we always do right away. In the same building, we have a special case where the tenant from the second floor is destroying the building and everything behind her. She also keeps harassing the tenant below her. We sent the notice to quit back in February, however everything stopped, and we can't do anything about it. ‘The moratorium negatively affected me by many ways, first by not letting me to collect the money that I'm supposed to collect when we write a rent agreement. As of now, it is almost $10,000 that 'm not able to collect and I'm expected to still make payment for water, taxes, repairs, common electricity, and mortgage. This is not fair that 'm not able to use the law, and itis not fair that someone can come and live for free just like that, not even trying to communicate with us, no communication at al just because the State said that they don't need to pay rent!! My family is making just enough to cover taxes, water, mortgage, but recently there are many times where | need to take a loan to pay the bills of those buildings just because | have tenants that are living for free yet I'm still obligated to repair their apartment and pay for their water, etc. ‘The third tenant who is damaging the property and harassing other tenants, we called the housing inspectors on her, they tried to help but all they said is it is harder with this new moratorium to have someone stop doing what they are doing to us and to the tenant that lives above her. We personally feel bad, helpless, the tenant below is always calling us begging for help but there is nothing we can do to help her, itis frustrating and maddening. ‘The harassed tenant is a young hard working woman, she works 6 days a week, she pay her bills and it feels horrible for her not to want to go home after a long shift is over just because of being scared of the people that lives upstairs, they are destroying her apartment. We have to send maintenance almost every week for the past 7 months and there's nothing we can do about it? We have had to fix her ceilings at least 10 times in the past 7 months. “They are dumping water from upstairs, they do it and laugh.” We sent over 6 different plumbers to look for any leaks and they all said the same, there wasn't any leak, we replaced her whole bathroom, we broke walls looking for broken pipes and nothing even show up, we have spent thousands of dollar on this matter, and the other tenant from the first floor keep living in a nightmare, her furniture got damaged muttiple times, she has to move her stuff around B-4 every time the people from the second floor start throwing water. Also one of the times when | called the inspector on her she admitted that she had 10 people living there when it was. supposed to be three, another way of breaking the lease. 10 people with only 1 bathroom? They also cause havoc in the neighborhood, they are going to keep doing and won't stop ‘now that they know that they can't get evicted if they don't stop. This tenant also cost us $2,500 to repair stairs she broke. Because of the moratorium, we are not able to go by the rules, we are not able to control what is out of control, we are not able to help those who are suffering because of those who have no heart. Also we are very worried about not being able to keep making those payments. We have to include the taxes. We have so far $10,000 of unpaid rent, excluding the court fees and attomeys’ fees. We fear that more tenants will soon stop paying, knowing that there's nothing that we can do about it It is very sad seeing how our rights can be taken away so easil | want to include also that I'm putting out the specific case of these three tenants, however | have other tenants that were able to get in contact and explain their situation, some are on payment plans, others are paying as they have income. The last thing | want is having to go to court, we always look into working things out first, no one needs to be on the street if they really are facing hard time, we all are in the same situation so the best is communication and work it out. Our maintenance, and repair expenses are going high incredible every month just increasing because some of my tenants don't really care if the building fell apart, they don't need to ‘worry or care about anything, there's nothing we can do about it, 'm not sure how much longer we are going to be able to keep up with allthis before we are ending up stop paying the taxes, repairs, maintenance, water etc.... We do sympathize with the situation we are all in. We should be in this together just the ‘same as some tenants are hurting landlords too. And by removing the main tool landlords have to protect their investment is not fair. | believe not all landlords want to evict their tenants. We want to work with them, make a payment plan, and find a solution. But the issue is since the tenant knows we can't send them any non-pay notice or start the process, they do not want to come to the table to find a solution. The eviction process is an essential too! in a landlord toolbox to have them come to the table. And this situation can be handled by the capable hands of a judge to make that decision, or the court mediators are very helpful. ‘The lease is a legal contract and the landlord has a constitutional right to bring its concems of a breach of contract to a judge and have due process. At the same time, I have a couple of vacancies that | will not be filling since there is a higher risk in renting the unit and having someone stop paying or cause damage or harassment to other tenants, than keeping it empty and not having the unit incur maintenance cost while having a tenant living rent free. We feel sorry for those families who are in need of a place but the risk is way too high and ‘we will not be able to financially support another non pay tenant incurring maintenance and utilities increase cost. We are surviving now by incurring more debt with loans. Beat Carlos Baez Yokasta Melo Le 7/23/20 ae 7/23/20 COMMONWEALTH OF MASSACHUSETTS: SUFFOLK, SS. SUPERIOR COURT CIVIL ACTION NO.: 20-1334G MITCHELL MATORIN Plaintiff, v. EXECUTIVE OFFICE OF HOUSING AND ECONOMIC DEVELOPMENT, ETAL Defendants Se) AFFIDAVIT and RULE 17(C)(5) DECLARATION ‘The attached Exhibit B-5 is my statement that I wish to submit to the Court fr its consideration, as part of the Amicus Brief of GT] and JMAH, and in support of Plaintiff's Motion for Preliminary Injunction. , In addition, I hereby declare the following, with respect to Rule 17(c)(5) of the Massachusetts Rules of Appellate Procedure: (@) No party nor any party’s attorney authored my statement or tis affidavit and declaration, in whole or in part. (b) No party nor any party’s attomey contributed money that was intended to fund the preparation or submission of my statement or this affidavit and declaration. (©) No person or entity contributed money that was intended to fund preparing or submitting my statement or this affidavit and declaration. (@ Thave never been involved in the representation of any party to this action in any other B- proceeding that in any way relates to the issues involved in this case, nor have they represented me in any such matter. That said, I communicated with attomey Jeff Abrams in connection with the preparation and submission of my statement and this affidavit and declaration. It is my understanding thet Jeff Abrams is not a party to the case and is not serving as the attorney to any party in this case, but rather is working on an Amicus Brief that | intend my statement to be a part of. Under the penalties of perjury, the undersigned hereby declares the above and attached Exhibit B- 5 to be true and accurate to the best ofits knowledge: NAME: BARIS BERK SIGNATURE: LWT ‘ADDRESS: 103 Eustis ST REVERE MA 0215) July 24, 2020 “\ 07/23/2020 Dear Judge Wilson: My name is Baris Berk and | am submitting this letter as an amicus brief in the case of Matorin v. Commonwealth. Thank you for the opportunity to submit this amicus brief because It is very important for the Court to hear from as many stakeholders and their advocates about the effects, legalities and practical impacts that this unprecedented eviction moratorium has had and will continue to have on the ‘Commonwealth of Massachusetts. | appreciate your consideration of my views and opinion. | purchased a property last year on December 31, 2019, and since that time the tenant has literally not pald a single dollar for rent or utilities. In addition to the lost rent, l have paid all the operating expenses of owning the property, including paying insurance, real estate taxes, landscaping, snow removal and responding to repair requests made by the tenant. While the moratorium does not suspend a tenant's obligation to pay their rent, it does suspend all legal avenues of enforcement and collection of that obligation. With no language in the moratorium or statutory scheme requiring the monthly escrow of rental payments by the tenants, there is no likelihood that the tenants will have the ability to repay their rental arrearage and less likelihood that the landlord will be able to collect the amounts contractually ‘owed to them, Furthermore, this moratorium is set against the backdrop of an equally unprecedented Federal stimulus action in which many persons whose employment were affected by the COVID-19 are receiving more money during unemployment than they received while working during pre-COVID- 19. Consequently, landlords in the Commonwealth of Massachusetts find themselves in the inexplicable position of having tenants with a stronger ability to pay, but with an eviction moratorium preventing any enforcement of the tenants’ obligations to make that payment. I've paid $700,000 for the property and I have to carry the property on my own all this time and continue to carry plus pay all the bills such as taxes, water, utilities and maintenance. | am paying approximately $675 for property taxes, $120 insurance, $75 for water bill, $125 and $150 oll bill. On top of that, I've also spent more than $7000 for legal fees so far. The apartment the tenant is in currently has a market value for rent of at least $2000 which | receive no rent from the tenant at all, | am owed more than $14,000 back rents based on fair market value rental ‘amount, plus the financial loss continues as a direct results of not able to go to eviction court. On the ‘other hand, the governor of Massachusetts just declared another (2%) moratorium couple days ago which will add more fan and fuel to the fire of a financial disaster for many small landlords. While the impacts to landlords on a practical, equitable and legal level is obvious, this moratorium will also negatively affect the tenants it seeks to protect. As landlords seek to measure and mitigate against risk of financial loss. Normally, we would run a credit report for a rental applicant and ask previous landlords for a reference. Having to mitigate against a future eviction moratorium will likely devastate the vulnerable future tenants. Only tenants with excellent credit, established tenancy histories and stable employment will qualify with landlords that have and maintain quality housing units. Additionally, landlords will be seeking all legally allowable upfront deposits from future tenants of first and last month deposits and a security deposit. Those not meeting the heightened underwriting requirements may be forced to seek housing in subpar and unsafe housing. In addition to legal and practical problems of the moratorium, the fundamental problem with the moratorium is that it does not accomplish what it seeks to achieve. Neither landlords, nor tenants are ultimately served by the moratorium and while it may be a welkintentioned effort at protecting a vulnerable segment of the citizens of the Commonwealth, it puts that very class at the most risk for the future. Respectfully submitted, fe Baris Berk Sit 4bl 4238 R-6 COMMONWEALTH OF MASSACHUSETTS SUFFOLK, SS. SUPERIOR COURT CIVIL ACTION NO.: 20-1384G MITCHELL MATORIN Plaintiff, v. EXECUTIVE OFFICE OF HOUSING AND ECONOMIC DEVELOPMENT, ETAL Defendants —— ee) AFFIDAVIT and RULE 17(C)(5) DECLARATION The attached Exhibit B-6 is my statement that I wish to submit to the Court for its consideration, as part of the Amicus Brief of GT] and JMAH, and in support of Plaintiff's Motion for Preliminary Injunction. In addition, Ihereby declare the following, with respect to Rule 17(¢)(5) of the Massachusetts Rules of Appellate Procedure: (@) No party nor any party’s attomey authored my statement or this affidavit and declaration, in whole or in part. (0) No party nor any party’s attomey contributed money that was intended to fund the preparation or submission of my statement or this affidavit and declaration. (©) No person or entity contributed money that was intended to fund preparing or submitting my statement or this affidavit and declaration. (d) Ihave never been involved in the representation of any party to this action in any other p-6 proceeding that in any way relates to the issues involved in this case, nor have they represented me in any such matter. That said, I communicated with attomey Jeff Abrams in connection with the preparation and submission of my statement and this affidavit and declaration, It is my understanding that Jeff Abrams is not a party to the case and is not serving as the attorney to any party in this case, but rather is working on an Amicus Brief that | intend my statement to be a part of. Under the penalties of perjury, the undersigned hereby declares the above and attached Exhibit B- to be true and accurate to the best of its knowledge: NAME: Alan Issokson SIGNATURE: Pron A, Qe bron ADDRESS: 500 Atlantic Avenue Boston, MA 02122 July 24, 2020 pre Dear Judge Wilson: ‘My name is Alan Issokson. I own a residential building with 38 rooms of affordable housing. 1 am submitting this letter as an amicus brief in the case of Matorin v. Commonwealth. As a provider of affordable housing, my residential tenants have limited financial means. As a result, they pay the bills that “have to be paid”. In addition, due to their limited income, these tenants are judgment proof in that their wages or benefit payments cannot be gamished. In almost every case, when these tenants stop paying rent, the tenant does not vacate their room until forced to do so by the court. 1 pay all the utilities for the property including gas and oil. 1 also pay to clean and maintain the property. This includes daily and weekly cleanings of the common area kitchen and bathrooms, ‘The tenant does not pay any additional costs for these services. The tenant only pays a weekly rent that does not change, My service providers, cleaning company, and oil company to name just a few, will not supply these services free of charge. Therefore, with the eviction moratorium in place, I have no process to prevent a tenant from continuing to occupy the room and accrue past due rent that will never be paid. However, | am required to continue to provide all these services. I also have to continue to pay my loans on the property, real estate taxes, and insurance. Year to date, due to COVID-19/Moratorium, residential rental income is down approximately 8% or $10,000. This is a lot of money for me to cover, especially with the Moratorium now extended until at least October and the rate of loss will likely increase. Another tenant informed me this week that they will likely not be paying their rent going forward. Under the government imposed moratorium, there is no legal process to even determine if the tenant has the means to pay the rent. It is very difficult when the same government prevents me from taking any action to stop the costs of unpaying tenants while at the same time, the government continues to require that I pay all the monies that they are due such as real estate taxes. This puts 100% of the costs of providing housing during this moratorium on my shoulders. I am a small property owner. I own one residential rental property. Our elected officials say that we are in this together, but I do not see another group that is deprived of their livelihood never mind deprived of their livelihood without due process. For example, grocery stores and drug stores are not being told to provide their necessary products of food, toilet paper, medicines etc. for free and to collect payment after the state of emergency. It seems only property owners are placed in this group and with limited to no financial support from the government. Thank you again for considering how the moratorium is affecting me as a rental property owner. Sincerely, Prom A. Qubasr Alan Issokson B-7 COMMONWEALTH OF MASSACHUSETTS SUFFOLK, SS. SUPERIOR COURT CIVIL ACTION NO.: 20-1334G MITCHELL MATORIN Plaintiff, v. AND ECONOMIC DEVELOPMENT, ETAL ) ) ) ) EXECUTIVE OFFICE OF HOUSING ) ) ) ) ) ) Defendants ) AFFIDAVIT and RULE 17(C)(5) DECLARATION ‘The attached Exhibit B-7 is my statement that I wish to submit to the Court for its consideration, as part of the Amicus Brief of GTI and JMAK, and in support of Plaintif?'s Motion for Preliminary Injunction, Inaddition, I hereby declare the following, with respect to Rule 17(¢)(5) of the Massachusetts Rules of Appellate Procedure: (@) No party nor any party’s attorney authored my statement or this affidavit and declaration, in whole or in part. (©) No party nor any party's attorney contributed money that was intended to fund the preparation or submission of my statement or this affidavit and declaration. (©) No person or entity contributed money that was intended to fund preparing or submitting my statement or this affidavit and declaration. (@ Thave never been involved in the representation of any party to this action in any other B-7 proceeding that in any way relates to the issues involved in this case, nor have they represented me in any such matter. ‘That said, I communicated with attomey Jeff Abrams in connection with the preparation and submission of my statement and this affidavit and declaration. It is my understanding that Jeff “Abrams is not a party to the case and is not serving as the attorney to any party in this case, but rather is working on an Amicus Brief that I intend my statement to be a part of. ‘Under the penalties of perjury, the undersigned hereby declares the above and attached Exhibit B-7 to be true and accurate to the best of its knowledge: ma) / - NAME: Bvuew-h A a + SIGNATURE: G : ot ala ADDRESS: S: 1 : July 24, 2020 18-July-2020 To: Jeff Abrams From: Bruce Metcalf Subject: Amicus Letter in moratorium lawsuit Dear Attorney Jeff Abrams My name is Bruce Metcalf; | am married and my wife's name is Gayle Metcalf. Our primary home is in Kingston MA and we have a second house, a rental property in Rockland Ma. Between the two of us we have four (4) grown children. My oldest son is in a halfway house in Framingham Ma, recovering from a long addiction problem. My oldest daughter is special needs and she is becoming more and more dependent on us. Our second oldest son is in transition to his own house and lives with us in Kingston. My youngest daughter lives with us 50% of the time and with her friends 50% of the time; Go figure! | ‘am an Engineer still employed but my company has a “work furlough program” in place due to COVID- 419, My wife is a librarian who lost her job at the Kingston Library due to fiscal cutbacks caused by COVID- 19. Asa result, our income has been reduced by approximately 35% My rental property is located at 89R Pleasant St, Rockland Ma. My parents built the house in 1948. They held it until May 2000 when | bought it off them as part of greater estate / end of life planning event. ‘The house is a single-family house with a nice n-laws apartment down stairs. Currently, the total operating cost of the rental house including mortgage, taxes, heat, gas, water, sewer, electric and general upkeep averages $2000 per month. During some of the years that my parents were alive, the in-laws apartment down stairs was rented to offset the total operating costs. As the years went by my parents began to need more and more help, so in June of 2014, my sister into one of the spare bedrooms. My sister was never charged anything to live there as she cared for my parents and she lived on a small monthly SSDI check ($1150/mo.) | always viewed the house as a long-term investment property or a place that | could place my special needs daughter if needed. Up to this point, any rent that I received only offset the operating costs and never was intended to turn a profit. In November of 2018, my father died leaving only my sister in the house and no money coming in to offset the operation costs. By the spring of 2019, it became clear to me that I needed to put a plan in place that would generate some income to help with the monthly expenses, The monthly cost of my primary home in /Kingston ma Is about $3000/mo., which includes everything (Mortgage, utilities, taxed food etc.). As stated above, ‘the monthly operating cost of my rental property is $2000/mo. The grand total is about $5000/mo. Making matters even worse was that my sister’s dementia had gotten much worse; she needs regular visits from helpers and can’t drive. To compound the situation further my special needs daughter would be needing a place to stay by the end of 2019. ‘At this point, | brought in a friend of the family as a boarder to live up stairs with my sister. The boarder began to pay me $500/mo. | also began to advertise for the in-laws apartment downstairs. | set the rent au at $700/mo. approximately $200/mo. less than the going rate in the area for a comparable arrangement. | intended to rent the in-laws apartment short term because my daughter would be needing a place to stay come early 2020. | was seeking someone in transition. By June 2019, | had income from a boarder in the spare bedroom on the first floor of $500/mo. In addition, had rent coming in from the in-laws apartment down stairs of $700/mo. | still had a monthly cash deficient of about $700.00 but far less than $2000. ‘The tenant occupying the in-laws apartment, Joan Reynolds arrived via an advertisement on Craig's list. ‘She told me that she had been burnt out of her apartment in Quincy and that she was in dire need. She needed something like what | offering she seemed like a great fit. She said that she worked for the state and that she was soundly employed and earned more than enough to cover the rent. She was thrilled that | did not require first, last and a security payment. | did a host of improvements, adjustments and painting before Joan moved in. {All went well for Joan from June until November. At that point, she began to have trouble making rent ‘on the first day of the month as agreed. On or around Mid-November Joan asked me to write her a letter spelling out her rental agreement. She explained that she lost her second job, a job that | knew nothing about and that she was seeking state help on her rent. The state help was rejected. Starting in December 2019, Joan could no longer make rent on the first day on the month and she asked if she could pay half on the first and half on the 15", | agreed. In January 2020, Joan could only make % her rent explaining that her cat needed surgery and that she had car repairs. At that point, | agreed to accept half a month rent given the season and her situation. | approached her at that point and told her that if she could no longer afford the rent that she needed to talk with me about it so we could work something out. She assured me that her situation was a temporary incident brought on by a host of unfortunate events. | did not receive any rent the first week of February and Joan would not return my calls or text messages. | finally caught up with her and she agreed to give my $400, which came in the last week of February. During that exchange, | told Joan that she needed to put together a recovery plan and then let me know what that plan was. | told her that | was willing to work worth her having already forgiven her $650 in rent. (On March 2, Joan informed me that she didn’t have a plan to get back on track and she was no longer going to pay her rent, in those words and in that fashion. | told her that | expected her to move out in thirty days her reply was that | would have to go through the “Eviction Process” with her. | have not received another cent from Joan Reynolds. On April 20" I sent her an eviction letter. | offered to pay her to move out and that | would help her move. She never replied. On April 21" The Governor signed that Moratorium. On that same day, my upstairs tenant moved out. “Today ! have no rent coming in. At this point Joan owes me $3150 in back rent. Joan has enjoyed her stimulus check, takes full advantage of the utilities, and expects me to keep the place up. In the past 6 months, | have had to replace a water heater ($2000), the kitchen faucet set ($250); repair the tollet and many other things with no offsetting income from the house. Meanwhile Joan enjoys her days off; she takes vacations, goes to the beach and so on. Joan has never offered to help in any way. R-7 Ihave two other rooms that | could rent but | am fearful that the tenants will get in, stay a month and then stop paying rent. | am better off with no income than with a non-paying tenant putting wear and tear on the house while using the utilities. Each month | have to reach into my 401K and pull out between $900 and $1500 for make ends meet. To reiterate, I was never was looking to make money with this rental model, | am just trying to provide an inexpensive living arrangement for my older sister who has advanced dementia and to have a place ready for my special needs daughter when she needs it. ‘The moratorium places me in a dire financial situation. I cannot have my sister move in with me and sell the house because Joan does not intend to move out. Relators have told me that | would be unlikely to ‘sell the house with a non-paying tenant in place during this moratorium. | am no longer living there so there is no relief from my mortgage company. All the unities are in my name and those need to be paid because | am obligated by law to adhere to the states sanitary code. My only recourse isto let the house go into foreclosures and lose everything. \ have always tried working with all my tenants over years and this never has happened. | have been affected by COVID-19 as much as anyone has. Because | own a rental property, it seems like | am being asked to support others while | put my family at risk. Best Regards Bruce Metca)f” 255 Main St Kingston, MA. 02364 617-688-9900 p-8 COMMONWEALTH OF MASSACHUSETTS SUFFOLK, SS. SUPERIOR COURT CIVILACTION NO.: 20-1334 MITCHELL MATORIN ) ) Plaintiff, ) ) v. ) ) EXECUTIVE OFFICE OF HOUSING ) ) AND ECONOMIC DEVELOPMENT, ) ) ETAL ) ) Defendants ) ) AFFIDAVIT and RULE 17(C\(5) DECLARATION The attached Exhibit B-S is my statement that I wish to submit to the Court for its consideration, as part of the Amicus Brief of GTI and JMAH, and in support of Plaintiff's ‘Motion for Preliminary Injunction. In addition, Ihereby declare the following, with respect to Rule 17(c)(5) of the Massachusetts Rules of Appellate Procedure: (@) No party nor any party's attorney authored my statement or this affidavit and declaration, in whole or in part. (b) No party nor any party’s attorney contributed money that was intended to fund the preparation or submission of my statement or this affidavit and declaration, (©) No person or entity contributed money that was intended to fund preparing or submitting my statement or this affidavit and declaration. (@ Ihave never been involved in the representation of any party to this action in any other proceeding that in any way relates to the issues involved in this case, nor have they represented me in any such matter. ‘That said, 1 communicated with attorney Jeff Abrams in connection with the preparation and submission of my statement and this affidavit and declaration, Itis my understanding that Jeff Abrams is not a party to the case and is not serving as the attomey to any party in this case, but rather is working on an Amicus Brief that I intend my statement to be a part of. Under the penalties of perjury, the undersigned hereby declares the above and attached Exhibit B-® to be true and accurate tothe best ofits knowledge: NAME: Reman CHUA SIGNATURE: bem UL ADDRESS: bo Atwood ST Revere MA) O25} July 24, 2020 Dear Judge Wilson: am submitting this letter as an amicus brief in the case of Matorin v. Commonwealth. | think it is very important for the court to hear from rental property owners who are being, sometimes severely, affected by the eviction moratorium and to hear how the moratorium is actually hurting tenants, not just landlords. | appreciate your consideration of my views and of the impact the ‘moratorium is having on me as a rental property owner and so many others across the state. We bought a multi-family property in 2017 because it was the most economic option to enter into the over-priced Boston real estate market, the rental income was needed to help us pay the mortgage. Until January 2020, my wife was unemployed, so my wages were the only source of income. The property was in need of significant repairs and during the past 3 years, we have expensed over $90000 and close to 3.000 hours of work. Every year we pay $14000 in ‘mortgage interest, $4000 for water/sewer bill, $9000 in real estate taxes, over $6000 in utilities (@lectricity/gas), and $4500 for fire and flood insurance ($37500 in total, not accounting for repairs and regular maintenance). Every year, if apartments are fully rented, we receive $51000 in rents, Last year, a tenant of ours caused multiple repeated flooding and damages in excess of $10,000. The tenant was evicted, left without paying damages but only after being granted multiple emergency hearings which delayed re-possession by two months ~ there is no effective way to recover monies for those damages as the tenant is judgement proof. This point is important to make. Even though the moratorium does not absolve tenants from paying rents, in practice it does have such an effect for many. We can be grateful that the tenant was evicted before the moratorium because | am certain they would have continued to live rent-free for the longest possibie time. Govemor Baker extended the moratorium already once and my search of publicly available records at masscourts.org reveals that every month MA housing courts review ‘only dozens of eviction cases, where previously there were thousands every month. That is a tremendous difference and suggests it wll take a very long time until both tenants and landlords are allowed to have their cases heard in front of a judge. Knowing what we experienced last year, our present situation will look rather banal. From one unit the rents are arriving late with some regularity, and we are owed $1000 already, but that is no reason for worries. When | leamed that my tenant's business was affected | myself offered to take only what they felt comfortable paying (they were also expecting a baby). Stil, about 2 ‘months later, the same tenants told me that a distant family member will come to live with them. Itwas not a request, it was a simple announcement of facts - the lease prohibits unauthorized Persons living in the apartment long-term, but they were not seeking our approval. What would hhave been a serious lease violation before the moratorium is now a minor nuisance. And when | ‘mentioned that after the tenant's business starts making money again that we will need to revisit rent payment because of higher utility bills, | was told that that was my business risk when renting the apartment, that they rented it for the amount specified (1 year ago) and there will be no negotiation about the rent increase. They are wrong on this point as well, they have tenancy K-38 R-8 ‘at will, but they are of course right: property owners cannot do anything else but sit quietly and wait. The situation and the approach of legislators already convinced me that itis a very risky proposition to be a rental property owner in Massachusetts. If such an environment is allowed to Persist, when contractual obligations are effectively empty and unenforceable, some property owners may simply give up. The bad tenants will not mind, that is certain, but | think our current good tenants would. We provide an excellent place for them to live and raise their children and if we decide to sell, they will not have resources to buy or even rent a similar one. They will lose as well, together with all the other businesses and public sectors which depend on us paying our taxes and bills. ‘Thank you again for considering how the moratorium can be affecting us all Sincerely, Roman Chyla haw Ge COMMONWEALTH OF MASSACHUSETTS SUFFOLK, ss. SUPERIOR COURT CIVIL ACTION NO.: 20-1334G MITCHELL MATORIN Plaintiff, v. AND ECONOMIC DEVELOPMENT, ) ) ) ) } EXECUTIVE OFFICE OF HOUSING ) ) ) ) ETAL ) ) > Defendants ‘The attached Exhibit Of Landk small eta ir if of Plaintiff Mi in is my statement that I wish to submit to the Court for its consideration, as part of the Amicus Brief of GTI and JMAH, and in support of Plaintiff's Motion for Preli inary Injunction. In addition, I hereby declare the following, with respect to Rule 17(c)(5) of the ‘Massachusetts Rules of Appellate Procedure: (@ No party nor any party's attorney authored my statement or this affidavit and declaration, in whole or in part, (b) No party nor any party’s attorney contributed money that was intended to fund the preparation or submission of my statement or this affidavit and declaration. (©) No person or entity contributed money that was intended to fund preparing ot submitting my statement or this affidavit and declaration. B- (@ Ihave never been involved in the representation of any party to this action in any other proceeding that in any way relates to the issues involved in this case, nor have they represented me in any such matter. That said, I communicated with attorney Jeff Abrams in connection with the preparation and submission of my statement and this affidavit and declaration, It is my understanding that Jeff Abrams is not a party to the case and is not serving as the attomney to any party in this case, but Tather is working on an Amicus Brief that I intend my statement to be a part of. Under the penalties of perjury, the undersigned hereby declares the above and attached Exhibit Bi tt llord/Small Charles Sachetta in Behalf of Plaintiff ‘Mitchell Matorin to be true and accurate to the best of its knowledge: NAME: Charles Sachetta SIGNATURE: BBO #653573 ADDRESS: 300 Lynn Shore Drive U610 Lynn, MA 01902 (781) 248-2401 July 24, 2020 EXHIBIT B~-4 COMMONWEALTH OF MASSACHUSETTS SUFFOLK, Ss. SUPERIOR COURT CIVIL ACTION NO.: 20-1334G. MITCHELL MATORIN Plaintiff, v. EXECUTIVE OFFICE OF HOUSING ) ) AND ECONOMIC DEVELOPMENT, ) ) ET AL ; Defendants ) SS) IT, STATEMENT OF LANDLORD/SMALL RENTAL PROPERTY. tA IN BEHALF OF P} MITCHELL MATORIN Table of Contents Table of Authorities. Interest of Charles Sachetta.... Lit Is the Government's Responsibility, Not the Owners’, to Subsidize Tenants’ Rent..... \.Real Estate Values Will Fall... Conclusion. R-9 Table of Authorities U.S. CONST. amend. V, XIV. JOHN E. NOWAK, RONALD D. ROTUNDA, CONSTITUTIONAL LAW, §11.14, at 466 (Sth ed. 1995) .... b-4 Interest of Charles Sachetta Charles Sachetta (hereafter “Owner”) is a landlord, Massachusetts resident, and Massachusetts-licensed attorney (B.B.O no. 653573), who owns three rental properties in Massachusetts, of which one tenant has not paid any rent for over two months, was very behind on her rent even before that time, and is apparently well aware that she cannot be evicted or even asked to pay rent promptly due to recent and proposed Massachusetts eviction moratorium develop-ments. Neither parties in the above captioned matter, nor their attomeys have authored the brief in whole or in part, and neither the parties or their attorneys, nor any other person or entity, contributed money that was intended to fund preparing or submitting the brief. Owner neither represents nor has represented one of the parties to the present appeal in another proceeding involving similar issues, nor was a party or represented a party in a proceeding or legal transaction that is at issue in the present appeal. B-9 B-9 Argument LIt Is the Government's Responsibility, Not the Owners’, to Subsidize Tenants’ Rent. This proposed eviction moratorium has incentivized one of Owner's tenants to simply cease fulfilling her rental obligations knowing that there would be total unilateral protection funded at the expanse of Owner, who not only pays, currently, real estate taxes on the condominium in which the tenant resides of over $2400 per year, and condominium fees and assessments of $391 per month. Owner is a divorced man, 63 years of age, living alone in a one bedroom condominium and has numerous bills. He still must work (at Raytheon as a Senior Technical Editor/Writer, and moonlighting as a sole practice attorney) to continue paying a mortgage and medical costs for various medical issues and surgeries that come with being over 60 years of age, including arthritic hips and physical therapy costs for a recent shoulder surgery. Owner has further incurred Covid- 19 related losses due to two small investments in South Carolina of studio “condotels” (two hotel rooms at two separate resorts at Myrtle Beach whose income was intended to supplement his other income), which because of Covid-19 are both now operating at steep losses, 5 The tenant who refuses to pay rent is a full time employee of the United States Postal Service whose rent is a very reasonable $1100 per month for a 525 square foot condominium with a direct ocean view on Lynn Shore Drive in Lynn, Massachusetts. She lives alone and has no children to support. She has the means, therefore, to pay rent, but simply chooses not to. In fact, before the current moratorium she was already over $3000 behind but Owner generously wanted to give her the opportunity to become current in rent, rather than evict her. Now he has no options given the circumstances related to this matter. The Act in question also provides no just compensation to Owner to protect him from the terrible economic shortfall he is now and will continue to suffer, in violation of the Fifth and 14" Amendments to the United States Constitution, which “require that a person receive “just compensation” for property that has been taken by the state or federal government”. JOHN E. NOWAK, RONALD D. ROTUNDA, CONSTITUTIONAL LAW, §11.14, at 466 (5th ed. 1995). Lastly, the Government, through taxes, is far better equipped financially than the average small landlord to subsidize rental 6 B-9 obligations of tenants affected by Covid-19. Landlords’ burden would be greatly reduced through a stimulus similar to that given by laid off employees and closed businesses, simply by factoring in the rental Payment agreement currently in place, easily determined through the rental receipts and tax returns of the landlord. 1. Real Estate Values Will Fall. Real estate values, particularly that of multi-family homes, apartment buildings, and condominiums, which are most often used for rental purposes, will plummet. Owner will be among those affected, as Owner is precluded from selling the condominium at anywhere near its actual value in order to cease incurring his losses, No savvy buyer or investor-buyer would pay market value for a condominium unit that has a resident living rent free for potentially the next year or more, with no ability for the buyer to gain any income or even move in himself. Therefore, if the eviction moratorium at issue here is not found to be unconstitutional, Owner will be placed in great financial peril, unnecessarily (given the employment status of the tenant), at precisely 7 R-? the point of his life where he is nearing retirement and requires the rental income to support his medical and other costs that come with no longer being employed once retired. Thankfully, his two other tenants are very responsible paying rent promptly, but one can easily imagine the incredible hardship Owner would be subjected to if either, or both, of these tenants decided to take a position similar to that of the tenant being discussed here. Conclusion For the above stated reasons, the Owner prays that this Court render Judgment in favor of the Plaintiff in this matter. Respectfully, Se Sachetta (BBO #653573), Pro Se 300 Lynn Shore Drive Unit 610 Lynn, MA 01902 781-248-2401 attycsachetta@aol.com R-/0 COMMONWEALTH OF MASSACHUSETTS SUFFOLK, SS. SUPERIOR COURT CIVIL ACTION NO.: 20-13346 MITCHELL MATORIN ) ) Plaintiff, ) ) v. ) ) EXECUTIVE OFFICE OF HOUSING) ) AND ECONOMIC DEVELOPMENT, —) ) ETAL ) ) Defendants ) AFFIDAVIT and RULE 17(C)(5) DECLARATION The attached Exhibit B-/© is my statement that I wish to submit to the Court for its consideration, as part of the Amicus Brief of GTI and JMAH, and in support of Plaintiff's Motion for Preliminary Injunction, In addition, I hereby declare the following, with respect to Rule 17(¢)(5) of the Massachusetts Rules of Appellate Procedure: «No party nor any party’s attorney authored my statement or this affidavit and declaration, in whole or in part. © No party nor any party's attorney contributed money that was intended to fund the preparation or submission of my statement or this affidavit and declaration. © No person or entity contributed money that was intended to fund preparing or submitting my statement or this affidavit and declaration. B10 * [have never been involved in the representation of any party to this action in any other proceeding that in any way relates to the issues involved in this case, nor have they represented me in any such matter. ‘That said, I communicated with attomey Jeff Abrams in connection with the preparation and submission of my statement and this affidavit and declaration. It is my understanding. that Jeff Abrams is not a party to the case and is not serving as the attomey to any party in this case, but rather is working on an Amicus Brief that l intend my statement to be a part of. Under the penalties of perjury, the undersigned hereby declares the above and attached Exhibit B-/2 to be true and accurate to the best of its knowledge: NAME: ark “Mo mn SIGNATURE: Poh ADDRESS: 44 Nursery Road Falmouth MA o2S40 July 24,2020 ae ‘Your Honor, My name is Mark Horn, | am 29 years old and five in Falmouth, MA. My family has never been wealthy. We moved here from Kansas, where our 2-acre property sold for less than $30,000. My parents worked in healthcare, and as a local librarian, although now retired. 1am ‘an electromechanical engineer working in oceanography, with a significant ple of student debt to show for it. | was a renter for many years, all throughout college, and for the first 6 years of my professional life. Wanting to be close to my family, soon realized that purchasing a single family home on the Cape was financially imesponsible, if not impossible for me given my student loans. In order to make the numbers work, | realized I needed to save up both a sizeable down payment, but also find an appropriate multi-family property and provide housing to the ‘community to supplement my income. To realize this goal, | lived in my parents basement for a year, saving up every penny I could. Eventually, a property came on the market that | could justify pursuing. In October of 2019, | closed on a 3-unit in Falmouth. Two units were vacant, and 1 unit tenanted but in the midst of an ongoing eviction. | intended to live in one of the units, which | do. One of the vacant units was in desperate need of renovation. | want to be in the business of providing good quality, affordable housing. In order to property renovate, | would need the tenant already under eviction to finally move out. ‘The tenant being evicted and | met in housing court (around November 2019), and | ‘attempted to start fresh. Despite numerous wamings from the previous owner, | had no Personal history with this tenant, and I gave them the beneft of the doubt. They assured me that the issues that had been alleged would not continue, and | naively believed them. It was, now an owner occupied property, and | thought that living next to me, they would have the respect not to violate their lease or damage the property. Instead of pushing fora timely ‘eviction, | agreed to extend them 5 months, with the understanding rent would be paid by Section 8 in the interim. They had been served notice to quit in July 2019, so this was a total of ‘8 months from when they were asked to leave, to when a move out would occur. During those next five months, the tenant caused significant damage to the property that | had to personally repair to keep their Section 8 voucher in good standing. There was police presence on multiple occasions, one of which resulted in an arrest for A&B with a dangerous wespon. The behavior of this tenant was so inappropriate that Section 8 formally terminated their voucher. During this time, the upstairs unit has remained vacant, as ! could not complete the renovations under these circumstances. This has been incredibly challenging to sustain financially, and | can't keep it up. | held onto the fact that | knew there was an end in sight. We had signed an agreement in court, signed by a judge, that 5 months was the maximum | had to endure this. They had walved their right to stays and appeals in exchange for the S-month extension. The day I could oa It Br finally bring peace back to my home was March 31st, 2020. When the day came, | had a constable serve 48 notice, and | thought that the end was in sight. Instead, | was met with calls from a lawyer, making extreme allegations about me, and assuring me that the tenant had no intention of going anywhere. They fled a motion for an emergency stay against eviction. Despite the signed (in court) agreement stating no stays or appeals, with no hearing or contact with me to assess the situation, the judge granted a 10-day stay. During those 10 days, the Eviction Moratorium was passed. Despite the fact that the notice to quit had been filed 8 months prior, and the agreement for judgement for possession had been reached 5 months prior, | was now placed in the impossible position of having virtually ‘no agency aver my own property. | am stil responsible for the heating bill, the wator bil the property tax, insurance and any repairs and maintenance that are needed per the sanitary code, and | have a mortgage that of course continues to accrue interest, etc. ‘Atthis point in time, had the Eviction Moratorium not been so shortsighted and so broed in scope, my property would likely be fully tenanted. | would have been able to finish the renovations on the vacant unit, and | would have moved into the smaller unit which is stil occupied by the tenant at sufferance. Instead, | stil have a unit vacant, and not rentable in its, current state, and | have no choice but to occupy the prime unit on the property, thus ‘significantly reducing the rent | can receive if were to instead occupy the smaller ofthe units, ‘The financial projections | put together would have been accurate, had contract law net been ‘completely thrown out the window by our legislators. | want to be clear, | feel the law had good intentions. Ifthe state Is going to shut down the economy, good hard working people who lose their jobs should not become homeless. Any short term emergency halt on evictions should have immediately been followed up by a funded ‘solution for how to pay those rents to the landlords providing the essential housing. Perhaps unemployment claims get fed into Section 8 and vouchers get approved on the spot fo pay rent for those affected by COVID. But the way the law was written was so wide in scope that it has ‘affected many people like myself, who have effectively been handcuffed to live next to someone who has been under eviction since July of last year, with no relation to the COVID crisis. | have read the initial fling brought before you and although | am no legal scholar, the ‘attoreys for the plaintiffs seem to make some very clear arguments regarding the cconstitutionality at both a state and federal level ofthis law. 1 urge you to keep my faith in the judicial system intact, and provide relief for people like me who are harmed by this legisiative nl Mo §- lI COMMONWEALTH OF MASSACHUSETTS SUFFOLK, SS. SUPERIOR COURT CIVIL ACTION NO.: 20-1334G MITCHELL MATORIN: Plaintiff, v. EXECUTIVE OFFICE OF HOUSING ) ) AND ECONOMIC DEVELOPMENT, ) ETAL Defendants AFFIDAVIT and RULE 17(C)(5) DECLARATION The attached Exhibit B-l|_is my statement that I wish to submit to the Court for its consideration, as part of the Amicus Brief of GTI and JMAH, and in support of Plaintiff's ‘Motion for Preliminary Injunction. In addition, I hereby declare the following, with respect to Rule 17(c)(5) of the Massachusetts Rules of Appellate Procedure: (a) No party nor any party’s attorney authored my statement or this affidavit and declaration, in whole or in part. (b) No party nor any party’s attorney contributed money that was intended to fund the preparation or submission of my statement or this affidavit and declaration. (©) No person or entity contributed money that was intended to fund preparing or submitting my statement or this affidavit and declaration. (@) Ihave never been involved in the representation of any party to this action in any other § -U proceeding that in any way relates to the issues involved in this case, nor have they represented me in any such matter. ‘That said, I communicated with attorney Jeff Abrams in connection with the preparation and submission of my statement and this affidavit and declaration: It is my understanding that Jeff Abrams is not a party to the case and is not serving as the attorney to any party in this case, but rather is working on an Amicus Brief that I intend my statement to be a part of. ‘Under the penalties of perjury, the undersigned hereby declares the above and attached Exhibit B-_||to be true and accurate to the best of its knowledge: NAME: Voreer —Jenan SIGNATURE: ADDRESS: al Parce Po Dptont Mk orsep July 24, 2020 B-U exsier Bol ‘My name is Robert Jordan. | am writing in support of the plaintiff in the case of Matorin v. Commonwealth. own a duplex in Uxbridge (MA). | have spent the past several years making significant investments to renovate this property to be an energy efficient and comfortable apartment. Currently one side is rented. Although the rent is up to date, itis paid irregularly. The tenant has violated the lease by allowing her boyfriend and his dog to live there. In the context of the eviction moratorium, | am reluctant to say anything, so as not to give her any reason to refuse to pay rent. The second unit has been vacant during renovation, but is finally now ready to rent. With only one unit paying rent during the renovations, the property operated at a loss, and now that | am finally finished with that, | need to start receiving both rents to stop the negative cash flows. There is strong demand, especially for this newly-renovated unit, so | know | can find a tenant; however, | am quite concerned about looking for a tenant. {the new tenant or the existing tenant can’t or decide not to pay rent, under the eviction moratorium, | will be in a desperate financial situation. Of course, | will be in a dificult situation if| don’t find a tenant. However, there will be some expenses | can avoid if | don’t have a tenant (e.¢., lower utilities) and | won't be furious and overly stressed that | am providing housing to someone at my expense. Itis impossible to know when this eviction moratorium will end. Furthermore, there are several bills being proposed that are even more onerous. If were to lease now and later find I have a problem tenant, | very much do not want to risk being required to meet even more burdensome requirements. | fully understand the difficult situation some tenants are in. For some, who have lost a job and not received government support (e.g., unemployment insurance), perhaps they truly can’t support themselves, of which rent is not the only part, but a major part. Many landlords, such as myself, are in the same predicament as their tenants. Without rents, we cannot pay the expenses related to our property or personal expenses. Rental income to a landlord is similar to the pay the tenant received from their job. ‘This is a societal problem and deserves a solution borne by everyone not just landlords. ‘Another unreasonable part of the eviction moratorium is a blanket moratorium on all evictions attributable to non-payment. This is an invitation to tenants to take advantage of the situation and stop paying rent even if they are able, which ~ as noted above related to an extra occupant and an unauthorized pet — hampers me from enforcing other important lease provisions. | would be more inclined to take the chance of renting to an applicant who seemed likely to stay employed during the Pandemic, but the blanket and unconditional moratorium makes me hesitant even knowing this will result in a significant ongoing loss. have been adversely affected by forgoing rent | would likely collect due to the great uncertainty this, moratorium has created. | urge you to rule in favor of the plaintif. Bles Gok— 91 Ridge Rd Upton, MA 01568