Home » BLOG » Here is what needs to happen in MA to lower evictions and homelessness naturally (not artificially and temporary as you are doing it now thru Moratoriums or by making it impossible or extremely difficult to evict and collect money)

Here is what needs to happen in MA to lower evictions and homelessness naturally (not artificially and temporary as you are doing it now thru Moratoriums or by making it impossible or extremely difficult to evict and collect money)

Here is what needs to happen in MA (in no particular order) to lower evictions and homelessness naturally (not artificially and temporary as you are doing it now thru Moratoriums or by making it impossible or extremely difficult to evict and collect money. By the way your well-intentioned Moratorium caused such a backlog of cases after 6 months of landlords not being able to even apply for an eviction that cases are currently scheduled for 2-3 months or more into the future and that is not Justice, certainly not sustainable and it is a direct side effect of your State Moratorium ):

  1. Fix the Moving and Storage law to allow the landlord to hire any mover they want.
  1. Make evictions easier and faster not harder and longer
  1. Make Notices to Quit 3-days as is in many other States
  1. When we serve the Summary Process schedule a Zoom hearing for next week rather than in 2-3-4-5 months as it is now post-Moratorium. There is no tsunami of filings but there is a backlog which is really the same thing because it takes much longer to scheduling everything. This has to stop. Summary Process needs to be fast. Maybe hire more Clerks, Magistrates and Mediators…
  1. Don’t do eviction sealing for adults over 18. Instead require courts to use the middle initial and year of birth on all parties.
  1. Build more housing – the “Housing Choice”law signed by Gov. Baker eliminating the 2/3rd supermajority and requiring only a simple majority to build multifamily buildings in the rural and suburbs area was a step in the right direction.
  1. Right now criminal records are inaccessible to landlords unless they get the DOB and SSN from the prospective tenant and pay a fee online ($25?) which is not a real option as we get many applicants a day. Make them free and part of MassCourts and accessible online.
  1. MassCourts should give the option for One Search combining all courts in the system. Right now we are forced to make over 65 individiual searches because we have to search each District and Housing court separately.
  1. Re-write the Security Deposit law to simplify its language and make it less “gotcha”. Even the SJC is struggling to undersand your Security Deposit Law. (just read the two Taylor vs Beaudry cases on my website)
  1. Re-write the Rent Escrow law to REQUIRE rent escrow – when a tenant calls the Health Board they must deposit the unpaid rent with the Health Board to be kept in escrow otherwise they can’t use the Health Board report in court. Without mandatory rent escrow currently most of the cases clogging the Housing Courts are bad faith cases. Duh!
  1. No more unfunded Moratoriums. If you are going to not allow us to evict unpaying tenants then you need to pay us directly and quickly and RAFT needs to be less pages and done without tenant cooperation. Tenants don’t want to fill 26 pages if they have no fear of being taken to court because there is an Eviction Moratorium.
  1. Make all debtors in MA do state-approved private community service to pay off court-ordered debts to private parties. The current system is a joke – I file a claim in court, wait 6 months to a year, the tenant either ignores the letter from the court and no record of the debt exists or even if they go to court and the court orders them to pay, it may or may not go on their credit report, we don’t know, but we do know that if they don’t pay there is no enforcement. Most tenants are judgement-proof anyway. If we win in court, we must be certain that we WILL get paid over time.
  1. The address of the tenant after they move is impossible for us to obtain and so they cannot get served or they just don’t sign the certified letter from the court and our filing fee gets wasted (by the way why do we have to pay over $150 to file a case in an American court?) and the tenant has no record of owing debt. This whole situation with addresses and servicing addresses in MA needs to be fixed.
  1. 93A needs to be clarified a bit – 1) must be always given to a jury when there is a jury because it’s a legal (dispute over money) and not an equitable claim and 2) no actual injury means no 93A. 93A should not apply when there is just a simple violation of a legal right without any actual injury.