Estimates of Post-Moratorium EVICTION - FILINGS NOW EXCEED HOUSING COURT ANNUAL CASELOAD
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June 2020
HOW TO ADVERTISE
APARTMENTS: A Guide to Estimates of Post-
Landlord Advertising Online
Moratorium EVICTION
FILINGS NOW EXCEED
Your Rental Units are Clean, HOUSING COURT
BUT ARE THEY ANNUAL CASELOAD
CORONAVIRUS CLEAN?
Contents
3 LETTER FROM THE
EXECUTIVE DIRECTOR 4 10
Fair and Equal Housing
Guarantee
4 Estimates of Post-
Moratorium EVICTION
FILINGS NOW EXCEED
HOUSING COURT ANNUAL
CASELOAD
7 OPEN LETTER TO
Attorney General
Maura Healey
10 DELEADING RENTAL
PROPERTIES in 14 16
Massachusetts
14 Your Rental Units are
Clean, BUT ARE THEY
CORONAVIRUS CLEAN?
16 FAIR AND EQUAL HOUSING
GUARANTEE via Surety
Bonds
18 It’s Time to Talk about
SUMMER FIRE SAFETY IN
MULTIFAMILY UNITS
19 MASSACHUSETTS
EVICTION DATA 18 18
and Housing Court
Statistics
21 HOW TO ADVERTISE
APARTMENTS:
A Guide to Landlord
Advertising Online
27 REGIONAL
2 MASSLANDLORDS IS FUNDED PRIMARILY BY MEMBERSHIP DUES. THANK YOU FOR YOUR SUPPORT.
June 2020
LETTER FROM THE EXECUTIVE DIRECTOR
Fair and Equal
Published by MassLandlords, 14th Floor, One
Broadway, Cambridge, MA 02142.
Housing Guarantee
The largest non-profit for Massachusetts
landlords. We help owners rent their property.
We also advocate for better laws.
MASSLANDLORDS IS WORKING A MULTI-PRONGED
info@masslandlords.net
STRATEGY TO HELP MEMBER BUSINESSES SURVIVE
774-314-1896
THE EVICTION MORATORIUM.
THE MASSLANDLORDS
BOARD OF DIRECTORS In May we continued our intensive work on a moratorium
Michele Kasabula, through 2024 response. Regular readers will note the membership support
Alec Bewsee, through 2023
Rich Merlino, through 2022 both litigation and follow-up legislation, with legislation being
Russell Sabadosa, through 2021 the preferred first choice. To that end, we are working on
Pietro Curini, through 2020
enacting a statewide rent guarantee.
EXECUTIVE DIRECTOR
Douglas Quattrochi At our new member-facing page, Fair and Equal Housing Guarantee via Surety
Bonds, we provide detailed steps members can take to help this effort. Participation
INFORMATION MANAGER
Jillian Campayno has been good enough to take our Property Rights Supporter program to record partic-
SR MANAGER OF SERVICE AND MARKETING ipation. This combined with record membership and event participation has allowed
Sue McMahon
BOOKKEEPING us to add almost two full time equivalents to our budget.
Vipan Garg, Simran Kaur We have also released the first results from our monthly rent collection survey. These
CONTROLS
Alexander Anastasi-Hill two elements will serve as the foundation of our statewide campaign to enact surety.
MANAGER OF ADVERTISING Before that campaign begins, our full stack developer is adding needed payment
DESIGN AND PLACEMENT
Paul Ssemanda functionality. Currently the Property Rights Supporter program takes credit card
MESSAGE BOARDS, SERVICE DIRECTORY, donations of predetermined amounts on a recurring basis. We will soon have the
AND DATA
Fatima Cangas, Nomer Caceres, ability to take recurring and one-time donations of arbitrary amounts.
Emerson Raniaga After our payment system is upgraded, we will launch our Fair and Equal Housing
WRITER, JOURNALIST, AND EDITOR
Kimberly Harper Rau, Eric Weld Guarantee website, the domains for which we have already purchased. This dedicated
VIRTUAL REGISTRATION DESK website will explain surety bonds in detail. The main idea is to guarantee that rents
Naomi Elliott, Kaitlin McMahon will be paid in the future, whatever COVID-19 and our response exacts on us in the
NEWSLETTER DESIGN
Ailar Arak meantime. This “deferred payment guarantee” is a highly desirable alternative to the
VIDEOGRAPHY wave of evictions we see coming, up to two full year’s caseload the week the morato-
Paul Mong
TRANSCRIPTION
rium expires. Surety bonds would also provide a centrist counterpoint to the marginal
Prospero Pulma but loud movement calling for rent cancellation.
FULL STACK DEVELOPER The work to build a coalition around surety continues. The only obstacle seems to be
Jess Thrower
LEGISLATIVE AFFAIRS COUNSEL the notion that $50 million of RAFT funding is available and ought to be worked first.
Peter Vickery, Esq. Despite RAFT’s role as a useful safety net, we have serious concerns with advocating
PHOTOGRAPHY
Barry Collins, Paul Shea for RAFT at this time, not the least of which is the state budget shortfall. Whereas
RAFT would be money out the door now, surety would require little to no up-front
LOCAL VOLUNTEER TEAMS
CAMBRIDGE cost. Surety is a guarantee that we can sort out post-pandemic. It would have an
Peter Shapiro
enormous stabilizing effect out of proportion to its immediate cash outlay.
CHARLES RIVER
Charles O’Neill, Paul Harris Please let us know if there are organizations who should be included in our surety
SPRINGFIELD bond coalition. Email us at hello@masslandlords.net. Conversations are active and
Sheryl Chase, Russell Sabadosa, and more
WORCESTER
ongoing. And become a Property Rights Supporter.
Marc Lundstrom, Richard Trifone,
Richard Merlino, Elaine Fisher,
Michele Kasabula, and more
PARTNER ASSOCIATIONS
Stay safe,
MWPOA Sherri Way, and team Douglas Quattrochi
SWCLA David Foote, and team Executive Director
NWCLA Brian Lucier and team
MassLandlords, Inc.
RHABC Jim Stockley III and team
MassLandlords’ views and opinions may not
reflect those of partner associations.
With Immense Gratitude to Seven Decades
of Past Volunteers
For pay-as-you-go business advice or legal
information, visit MassLandlords.net/helpline.
Cover Photo by Sean Pavone (123rf.com).
MASSLANDLORDS IS FUNDED PRIMARILY BY MEMBERSHIP DUES. THANK YOU FOR YOUR SUPPORT. 3
June 2020 MASSLANDLORDS NEWSLETTER
Estimates of Post-Moratorium
EVICTION FILINGS NOW EXCEED
HOUSING COURT ANNUAL CASELOAD
The housing crisis baseline At time of writing, there was no summary process cases were filed each
combined with COVID-19 indication from the Governor that the month statewide. If the economy were no
moratorium will likely moratorium would be allowed to lapse. In worse under the state of emergency, then
result in one year’s worth other words, the moratorium is expected at least that many cases would need to be
of eviction cases being to last as long as the state of emergency, filed per the baseline in order to keep up
which is to say, as long as COVID-19 with the housing crisis. Since we know
filed the week the mor- remains a concern. the economy is much worse under the
atorium expires. state of emergency, this number gives a
ESTIMATE ONE: HOUSING lower limit of filings.
MassLandlords has compiled a detailed COURT DATA BASELINE In addition, the Housing Court
estimate of the number of eviction Massachusetts eviction data from the 12 started deferring non-emergency cases
filings expected when the Massachusetts months prior to the start of the state of March 13, 2020. Between that time
eviction moratorium ends. The estimate emergency (March 2020) provide a look and when the Massachusetts eviction
begins with the “normal” rate of filings at the “housing crisis baseline”, before moratorium was signed into law on
during the housing crisis and adds onto COVID-19 and our response. Each month April 20, 2020, 2,300 summary process
this survey data (consistent with rent prior to the state of emergency, 2,500 cases were filed that are now continued
collection data) for additional cases
arising from COVID 19 and our govern-
mental responses (hereinafter simply
“COVID-19 and our response”). The
number of filings will be not less than
30,000 if the state of emergency is lifted
now, and not less than 70,000 if the state
of emergency continues to January.
This range can be viewed in the context
of normal caseload for a year, which is
30,000 cases. The uncertainty surrounding
COVID-19 and our response ought to make
policy makers sit up and take note at the
need to pay arrears and/or open the courts.
EVICTION MORATORIUM
BACKGROUND
The Massachusetts eviction moratorium
does not provide funding to pay rent
arrearages, it simply sidelines the courts,
preventing almost all mediation, filing
and hearings. The moratorium lasts until
either the moratorium expires (August
18) or 45 days after the Governor cancels
The number of cases that are expected to be filed, by month in which the moratorium begins to expire. Graph
the state of emergency, whichever comes assumes expiration happens by Governor cancelling the state of emergency, which starts a 45-day clock before
sooner, unless extended by the Governor. notices can be served, and 14 days before any cases can be filed. CC BY-SA 4.0 MassLandlords, Inc.
4 MASSLANDLORDS IS FUNDED PRIMARILY BY MEMBERSHIP DUES. THANK YOU FOR YOUR SUPPORT.
MASSLANDLORDS NEWSLETTER June 2020
SINCE 1949 What’s better than a good tenant?
A good Insurance
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rsullivan@gwmorisi.com bcummings@gwmorisi.com 413-384-3585 (Text)
175 Dwight Road, Suite 309, Longmeadow, Massachusetts 01106
(paused) pending resolution of the other non-survey datapoints including a additional arrearage due to COVID-19 and
state of emergency. Wall Street Journal Zillow article (31% our response (117,000 households).
If the state of emergency were fully nonpayment by April 5) and RentHelper What percentage of arrearages result
lifted at time of writing (in May), it would data. A separate MassLandlords survey in a filing? In Massachusetts, April 2019
be another 45 days before any notices “Eviction Moratorium Survey Results: saw 2,500 cases, or only 3% of “normal”
could be issued, and at least another 14 22% of Providers Unable to Pay for arrears. If the 2019 ratio applies, then an
days before any case could be filed. This Housing” is also consistent. additional 3,500 households per month
would mean cases from March through According to the most recent census, will be triggering filings. Note that under
July would still have yet to be filed, a total there are approximately 1,100,000 renter the climate of COVID-19 and the eviction
of 10,500 new cases from the baseline. households in Massachusetts, of whom moratorium, landlords may decide less or
Add to these the 2,300 continued cases. approximately 143,000 live in state or more frequently to file evictions than at any
At least 12,800 cases are pending from federally subsidized housing and may be other time. This inclination is not known
activity unrelated to COVID-19 and our assumed stable for the purpose of this and will likely vary by the individual.
response. Each month that passes after analysis. The remaining market house- At least 14,000 cases are already
May adds another 2,500 baseline cases. holds (957,000) currently do not receive pending due to COVID-19 and our
any housing-related assistance (although response. Each month that passes adds
ESTIMATE TWO: MASSLANDLORDS they may receive unemployment, another 3,500 cases due to COVID-19
SURVEY DATA stimulus, etc.). If the 19.2% nonpayment and our response.
Massachusetts rent collection data from scaled to these market households, then
participants in the MassLandlords rent approximately 180,000 households are HOW DOES THIS COMPARE WITH
collection survey show a cumulative now in arrears despite stimulus. HOUSING COURT CASELOAD?
March-May default rate of 19.2% (n = How much of these arrears are normal? The Housing Court staff are currently able
3,030 unit-months). (Twitter followers Data from the National Multifamily to process 30,000 cases per year. The day
note that this is down from the initial 30% Housing Council Rent Payment Tracker the eviction moratorium expires, the entire
preliminary data tweeted May 19.) Survey show nationwide arrearage at 7% to be backlog would likely be filed at once.
data may be biased toward nonpayment, “normal” (April 2019). We therefore remove How likely? Landlord perception of the
but this result is consistent with various 7% from the 19.2% and consider 12.2% the eviction moratorium is very poor. An April
MASSLANDLORDS IS FUNDED PRIMARILY BY MEMBERSHIP DUES. THANK YOU FOR YOUR SUPPORT. 5
June 2020 MASSLANDLORDS NEWSLETTER
16 survey of members (n = 116) showed Court may be redirected to District triple in size to process the backlog of
a 50-50 split as to whether an eviction Courts. It seems unlikely that District cases with normal quality and duration.
moratorium was a desirable public health Courts will be any better equipped to If funding along the lines of surety is
response to COVID-19. Two-thirds of ramp up for the deluge of filings. enacted, then existing arrearages would
members opposed or strongly opposed the be covered as well as future arrearages,
specific moratorium enacted. Landlords WILL OPENING however long COVID-19 and the mora-
generally have not qualified for or received THE ECONOMY HELP? torium last. The shut-down of the courts
public funding, leaving eviction the only A return to normal economic activity could continue (at least as far as non-
option to avoid insolvency. will not impact the results for a May or payment is concerned) without serious
If the state of emergency were rescinded June expiration, which already account impact to owners or renters.
at time of writing in May, such that the for normal recovery from arrears. Note If funding is not secured and the
moratorium expires in June and the first that the number of filings (30,000 for a moratorium remains in effect, the model
notices were served in July, the Housing May expiry) is below the total arrearage will break when key assumptions are
Court staff would be asked to handle a (180,000). Specific policies must be rendered inaccurate. For instance, there is
year’s-worth of cases in that first week of enacted (e.g., A Fair and Equal Housing no reason why the 3% file rate on arrear-
filing. If the moratorium lapses in August, Guarantee via Surety Bonds) to cover all ages should continue in the face of no
then 18 months’ worth of cases would be unpayable arrears or else the backlogged public support. Landlords are entitled to
filed in that first week. If the moratorium cases will be filed. file on 100% of arrearages, and may feel it
lapses in January, then two years’ worth of Furthermore, until COVID-19 ceases to best to file against both the renter and the
cases would be filed in that first week. be a concern, certain economic activities Commonwealth for having exacerbated
The Housing Court will need to hire will likely continue to be disallowed the magnitude of the loss. Hundreds
substantially, or else reduce the amount (e.g., restaurants, attendance at sporting of thousands of cases more than are
of work required to decide a case, or else events). These sectors will be entirely estimated here are possible, potentially
extend case duration to many multiples of unable to offer dependent households a leading to disruptions to a third of the
normal. Considering that Housing Court return to normal earnings, let alone an rental housing in Massachusetts. ML
staff play an essential role in mediation operating surplus to cover arrears. Many
and alternative dispute resolution, the renter households operate in service Point your camera app here to
eviction moratorium seems in retrospect industries that remain shuttered or else at read more online.
to have been overly quick to sideline reduced capacity.
this entire branch of civil service. A
variety of strategies could have already POST-MORATORIUM EVICTION
been employed to address many of FILINGS CONCLUSION
these arrearages. The disruption of the unfunded eviction
The District Courts (not elsewhere con- moratorium has been severe.
templated) process approximately 10,000 If the moratorium ends reasonably
summary process cases per year. Cases quickly without funding, then the
that cannot be dealt with by the Housing Housing Court will need to double or
ARTICLE YOU MAY HAVE MISSED
Seniors: How to Spot a Coronavirus Scam
With a global pandemic forcing everyone indoors and essentially eliminating in-person
social contact, senior citizens are in need of connection and information more than
ever. Unfortunately, scammers are well aware of this, and are taking advantage of these
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The full article can be found at: MassLandlords.net/blog
6 MASSLANDLORDS IS FUNDED PRIMARILY BY MEMBERSHIP DUES. THANK YOU FOR YOUR SUPPORT.
MASSLANDLORDS NEWSLETTER June 2020
OPEN LETTER TO
Attorney General Maura Healey
Peter Vickery, Esq. Legislative Affairs Counsel
(as opposed to the Declaration of Rights) criminal activity, and (2) the violation may
A call to amend or withdraw no access to the courts is the rule, and the impact the health or safety of others who
a May 8 advisory to health/safety provision is the exception. are lawfully on the premises. This exception
Massachusetts tenants and is narrow and should only be used where
landlords containing misin- STATUTE IN DEROGATION there is a serious health or safety concern
terpretations of Chapter 65, OF LIBERTY that can’t otherwise be addressed.”
Chapter 65 takes away a fundamental That is not what the statute itself says.
the eviction moratorium.
liberty, namely access to the courts, Not at all. First, the statutory language
which (as I have mentioned elsewhere) about impacts on health/safety applies not
Dear Attorney General Healey: is one of the liberties guaranteed by the only to people lawfully on the premises but
On May 8, 2020, your office issued Massachusetts Declaration of Rights. Here also to the general public.
an advisory on residential evictions. Its in Massachusetts it is well established that
interpretation of Chapter 65, the statute statutes in derogation of liberty should be GENERAL PUBLIC
that limits the right of access to the strictly construed and interpreted narrowly. The statute expressly permits housing
courts for housing providers (landlords) They should be narrowly tailored to serve providers to issue notices to quit and to ask
ignores certain statutory language that a compelling and legitimate government the courts to evict tenants whose criminal
is important, and reads into the statute interest and strictly construed to comply activity or lease violations “may impact
language that is not there. I urge you to with requirements of substantive due the health or safety of other residents,
either amend the advisory or withdraw it. process, as the Supreme Judicial Court held health care workers, emergency personnel,
in the Matter of E.C., 479 Mass. 113 (2018). persons lawfully on the subject property
CHAPTER 65 In other words, if a statute takes away or the general public.” The advisory omits
Chapter 65 allows housing providers to a basic right, the courts should interpret this fact. So a reasonable reader would
file for summary process only where a it narrowly so as to confine the damage conclude that the statute does not allow
tenant’s criminal activity or lease viola- to the individual’s liberty interest. But the eviction of tenants whose actions in
tions “may impact the health or safety” of the advisory says the opposite, i.e. that it violation of the criminal law or the lease
another person lawfully on the property or is the fundamental right that should be may impact the health or safety of the
of the general public. But it bars housing narrowly construed: general public, which conclusion would be
providers from taking tenants to court for “Evictions can be brought only where a wrong. Based on this mistake, providers
non-payment of rent. Under Chapter 65 tenant (1) violates lease terms or engages in might well refrain from taking steps to
MASSLANDLORDS IS FUNDED PRIMARILY BY MEMBERSHIP DUES. THANK YOU FOR YOUR SUPPORT. 7
June 2020 MASSLANDLORDS NEWSLETTER
address activities that they can—and exercise of this right by suggesting, wrongly, On the contrary, according to precedent
should—lawfully address. I urge you to that housing providers should seek legal it is the liberty that should be construed
include the reference to the general public redress only as a last resort. The Housing broadly, and the exception to that liberty
in a revised advisory. Court has excellent staff and other resources (in this case the barring of the courtroom
for resolving difficult disputes, and your doors for all but health/safety cases) that
NOT A LAST RESORT office should not be deterring residents from should be construed narrowly.
I also urge you to remove the statement seeking access to them. Accordingly, I respectfully request that
that “this exception is narrow and should you either revise the advisory to address the
only be used where there is a serious health CONCLUSION foregoing or rescind it entirely.
or safety concern that can’t otherwise The advisory ignores the fact that the Sincerely,
be addressed.” Chapter 65 does not say statute allows housing providers to ask Peter Vickery, Esq.
“serious health or safety concerns” nor the courts to evict tenants whose criminal
does it state that eviction must be the activity or lease violations may impact ML
very last resort. the health or safety of the general public.
If the Legislature had intended to say It also suggests that the health/safety Point your camera app here to
that housing providers may ask the courts provision “should only be used where there read more online.
to evict tenants only where the criminal is a serious health or safety concern that
activity or lease violations “are likely to can’t otherwise be addressed,” reading into
seriously affect the health or safety of the statute a provision that the Legislature
another person and cannot be addressed did not adopt. In addition to leaving
short of eviction” it would have said so. out some words and adding others, the
But it did not. advisory says that the right of access to
More fundamentally, the right of access to the courts that is the “narrow exception,”
the courts is guaranteed by Article 11 of the which is not what the appellate decisions
Declaration of Rights. The advisory chills the say about statutes in derogation of liberty.
Protect Your Home tel. 508-791-1141
info@JJMInsurance.com
8 fax 508-753-5630
MASSLANDLORDS IS FUNDED PRIMARILY BY MEMBERSHIP DUES. THANK YOU FOR YOUR SUPPORT.
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June 2020 MASSLANDLORDS NEWSLETTER
DELEADING RENTAL PROPERTIES
in Massachusetts
By Kimberly Rau, MassLandlords Writer
Unlike other naturally occurring lead paint hazards. MGL Chapter 111,
Deleading rental metals such as iron or zinc, lead has no Section 197 deals with tenant lead law
housing units should useful biological function for people. In notification and 105 CMR 460 outlines
be a top priority for all fact, in high quantities, it can kill you. deleading procedures for landlords. The
Massachusetts landlords. In lower quantities, lead can lower your laws are working: Since their enactment
IQ to an extent that may impact both in the 1970s, poisonings across every age
One of the largest issues for landlords who earning potential and decision-making group and population have gone down
own older housing units (constructed prior skills. Recent studies have corroborated significantly, but there’s still more work
to 1978) is lead paint. Lead paint is a health the long-standing belief that people with to do. For a brief history on the lead laws
hazard, and Massachusetts is firm about lead exposure have a higher likelihood of in Massachusetts, see the second section
requiring landlords to keep their rental committing a crime. Banning the sale of of this article.
units safe (and holding them responsible lead paint didn’t do anything to remove So what does that mean for you as a
if someone gets sick). Since you cannot the paint in older homes. landlord? First, any house constructed
deny tenancy to someone because they prior to 1978 is assumed to contain
have children, and you cannot rent a unit lead paint unless proven otherwise. As
that contains lead hazards to anyone with a landlord, you a strictly liable for lead
children, landlords are put in a Catch-22: poisoning: If someone gets sick from
You must delead. The type of paint in your lead paint, you can be held responsible to
rental unit is not necessarily an indicator pay for it even without evidence. Under
of whether something is lead-free. Both Massachusetts law, landlords are not
oil and latex paint may still have lead; allowed to refuse a rental to families on
only testing a sample can tell you for sure the basis of having children. If your rental
whether it is safe. unit has lead, you must delead it before
In this overview, we will address the allowing children to live there.
history of lead paint, the laws you’re If you are looking to purchase a new
bound to as a landlord and your options property, be wary of realtors who check
for creating a safe space for your tenants off “no knowledge of lead” for that
if your rental housing unit has lead paint. property. That just means there’s no
evidence of it so far, but as a landlord,
WHY DID WE EVER you cannot have a child under the age of
USE LEAD PAINT? 6 living in a rental housing unit with lead
Lead paint was invented around the year Deleading is expensive, but must be done for units hazards whether known or unknown. For
300 BCE, and came in three colors. Lead with children under age 6…and you cannot refuse to more information, visit the state’s site for
chromate gave us yellow paint, lead oxide rent to families with small children. the Childhood Lead Poisoning Prevention
yielded a red color, and lead carbonate License #123rf 34100280_ml Program.
provided white. It remained popular for so As a reminder, lead hazards may also
long because it was very dense and opaque, WHAT ABOUT ALL THOSE be present in pipes, soil, daycares, and
which provided incredible coverage and OLD HOUSING UNITS? aviation fuel—but it’s still on you if
durability. The only problem is, it was also Recognizing that older homes would someone you’re renting to gets poisoned,
very deadly. Lead paint was banned in still contain lead paint, the State of unless you have a deleading certificate for
1978, but plenty of older homes had — and Massachusetts enacted laws and regula- your property. If you do, the renter must
still have — lead paint on the walls. tions to ensure that rental homes would provide evidence that the lead exposure
not put vulnerable people in contact with came from your rental unit.
10 MASSLANDLORDS IS FUNDED PRIMARILY BY MEMBERSHIP DUES. THANK YOU FOR YOUR SUPPORT.MASSLANDLORDS NEWSLETTER June 2020
A STOP-GAP MEASURE: THE STARTING TO DELEAD The statewide average for deleading
LETTER OF INTERIM CONTROL YOUR PROPERTY hovers around $6,000 per unit.
Deleading is the best long-term solution Whether you’re planning to tackle the If your deleading activities are classified
for any landlord. But it’s expensive and issue all at once, or looking to triage your as low- or moderate-risk, you may opt
time-consuming. Fortunately, you don’t issues over a couple of years, all deleading to become trained in deleading and fix
necessarily have to do it all at once. journeys start with a property inspection. the problem yourself. Low-risk activities
Doing something about the problem is Once you know what the issues are, you will require you to pass a test to be able
better than ignoring it entirely. A Letter can start addressing them. to get credit for deleading; moderate-risk
of Interim Control, while not the same That initial inspection will examine the jobs will require you pass a course first.
as a deleading certificate, will give you interior and exterior of your property, This may or may not be worth it to you,
two years to triage and alleviate the worst including all walls and painted surfaces. A depending on how much time you have to
of the problems. proper inspection will measure lead levels address the problem.
The process works like this: You with a specialized XRF gun, not an unre-
do the most urgent work and get an liable chemical kit from a retail store. The WHAT OPTIONS DO I HAVE FOR
interim inspection. After two years, results of this inspection will also indicate DELEADING MY PROPERTY?
repeat the deleading process fully to whether the lead abatement process will Depending on the results of your inspec-
finish the project. be low, moderate or high risk. tion, what has to be done to get your
Long-term, however, you are going to After your inspection, it’s time to property in compliance will vary. If you
need to get a letter of deleading compli- start with removal. This goes for people are seeking a letter of interim control, you
ance. This letter states that at the time it seeking a deleading certificate or a letter won’t be completing everything at once.
was written, your property had no lead of interim control. You may opt to hire a If you are looking for your property to be
hazards present. For the letter to remain deleader (and if your activities are high certified as deleading compliant, you will
valid, you must keep your rental unit risk, you do not have the option of doing be doing everything at this point.
in compliance. it yourself). This can cost up to $30,000 One option is to remove whatever
depending on the scope of the project. object contains lead. This is simple
YOUR ENVIROMENTAL
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PROFESSIONALS
FORDSHOMETOWN.COM
MASSLANDLORDS IS FUNDED PRIMARILY BY MEMBERSHIP DUES. THANK YOU FOR YOUR SUPPORT. 11June 2020 MASSLANDLORDS NEWSLETTER enough if it’s a door or door trim. It’s also It’s important to note that following However, sometimes that isn’t an a viable option for some walls. You just the EPA’s RRP (renovation, repair and option. For example, if a tenant of have to take it out and replace it with painting) guidelines is not the same as yours announces that a baby is on the something that doesn’t contain lead. deleading your property. RRP regulations way, you must delead before the baby If the object with lead cannot easily be are designed to contain lead dust when is born. (Ideally, delead immediately.) If removed (think ceilings or sheetrock), performing work not related to deleading. a renter is about to adopt a child under you may be able to cover it instead. A new For example, if you need to repair a the age of 6, you must delead. You dropped ceiling will “cover over” an old broken pipe that is behind a wall covered cannot tell or ask your renter to leave, lead-covered plaster ceiling and bring the in lead paint, you would use RRP to safely or try to persuade them. You cannot whole ceiling into compliance. cut into that wall to do your repair. But pay them to leave, and you cannot A third option is to use special encap- work done by an RRP renovator does not ignore the issue. If you do any of this, sulant paint and completely surround the equal deleading compliance, and in fact you’ll be discriminating against them or surface that contains lead. could hurt your property’s chances of ever violating the lead laws. Deleading is the Finally, you may be able to scrape or being considered “deleaded.” only way to go. chemically remove the lead and then Only a state-certified deleading process You can accomplish this by relocating repaint. Special architectural elements can get you a deleading certificate. If you your tenant for the duration of the project may be removed and dipped; doorjambs use RRP procedures to try and “renovate (at your expense) or relocating them can be scraped. The route you take will away” the lead, your property could be for the day if possible. If done properly, depend on the problem you need to solve. blacklisted. In other words, you will never using the legally required plastic con- If you are not seeking a letter of interim be able to get a deleading certificate for tainment is safe. control and are completing things all your property. at once, then once you are done with WHAT ARE THE REQUIREMENTS everything, request a final inspection and WHEN SHOULD I DELEAD? FOR DELEADING MY PROPERTY? certificate. At that point, you must remain The best time to delead is during your In 2017, the state of Massachusetts in compliance going forward in order to next vacancy. This saves you money, of revamped its deleading regulations. The remain certified. course, and may be faster. seven major changes were a downscope 12 MASSLANDLORDS IS FUNDED PRIMARILY BY MEMBERSHIP DUES. THANK YOU FOR YOUR SUPPORT.
MASSLANDLORDS NEWSLETTER June 2020
to accessible “mouthable” areas; deferring Friction Surfaces FINES
to the American Society for Testing and The 2017 changes stated that door edges, If you’re thinking of getting around the
Materials (ASTM) for encapsulation; the door jambs and stair treads are lead lead laws by simply ignoring them, or
addition of friction surfaces; lowering the hazards and must be deleaded at all rejecting families with small children
lead paint level; requiring two inspections points of potential friction where compo- as tenants, think again: Penalties
for chemical stripping; and a reduction nents touch. Stair treads must be abated for discrimination and flouting the
of notice delays. entirely from baluster to wall or can be law are severe.
The results varied. We’ll look at each covered up. Encapsulation is not allowed. Regarding discrimination: If you tell a
of the changes and what they meant family with children that your unit is not
for landlords. Lower Paint Lead Level deleaded, refusing them tenancy, you will
This change, which was not subject to be in violation of the state’s anti-discrim-
Downscoping Accessible/ public comment and review, lowered ination laws. The first offense will cost
Mouthable Areas the acceptable level of lead found in you $10,000; a third offense will set you
Before December 2017 “accessible/ paint from 600 parts per million (ppm) back $50,000. You can read more about
mouthable” areas in a residence (i.e., to 90 ppm. This effectively raised the anti-discrimination housing laws, and the
areas small children are likely to be able number of paint samples that would penalties for violating them, here.
to access and potentially put their mouth now “test positive” for lead and could If you violate the lead paint laws, the
on) included the outside corners of walls, override the cost savings from some of penalties for that are just as steep. As
doors, door jambs and casings, window the other changes. we reported a few years ago, landlords
casings, balusters, tread and risers, who were found to be in violation of
thresholds, lattice work, columns 6 inches Two Inspections for Chemical Strippers the lead paint disclosure laws faced
or larger in diameter, clapboards and The 2017 changes noted that chemically thousands in fines. One Boston landlord
shingles, and masonry. stripping something is a “high risk” was looking at around $84,000 in fines for
With the downscope, mouthable areas deleading activity. If chemical stripping multiple properties, and that was just for
were limited to window sills five feet is used, the woodwork must be inspected paperwork violations.
or less from a floor, stair tread or the once the wood is bare, and again once it
ground; hand rails and railing caps. This is repainted. This includes wood treated DELEADING CONCLUSION
resulted in deleading costs to landlords with off-site dipping processes. In conclusion, ignoring the problem of
lowering by 40 percent. lead paint is something that will catch
Shorter Notice every landlord sooner or later. The best
Lowering the Blood Level For vacant or owner-occupied properties, practice here is to delead during your
Prior to December 2017, the lead blood landlords are still required to notify next vacancy and avoid the headache of
level that indicated poisoning was 25 authorities of deleading. However, there an unplanned project or the extreme costs
micrograms per deciliter. After that, the is no waiting period before you can of lead poisoning. The strict liability is
level was lowered to 10 micrograms per begin work. This could potentially save on you, the landlord, at all times. Train
deciliter. That led to a tenfold increase in landlords money, as you will not be to DIY if you want, make a certificate
the average number of “poisonings,” in waiting with a vacant unit until work can of deleading compliance your goal,
the legal sense. Lowering the blood lead begin, and jobs may be completed faster. maintain that compliance and never paint
level did not come with any additional with very old paint. Lead is a legitimate
funding for landlords. There is no defense MAINTAINING COMPLIANCE health hazard and deleading as soon
possible without a lead certificate. This Once you have deleaded, you need to keep as possible should be a top priority for
new lower blood lead level, combined the property in compliance. If all lead Massachusetts landlords. ML
with the reduction in accessible/ was removed, compliance is effortless. If
mouthable surfaces, means deleading encapsulants were used, that encapsulant Point your camera app here to
is now more important and more paint must remain in perfect condition or read more online.
affordable than ever. else be repainted. Any peeling or chipped
paint is considered non-compliant, and
Deferring to the ASTM you will have 30 days to fix it. Use proper
Prior to the changes, Massachusetts deleading protocols to remedy the issue.
had state-specific regulations for No re-inspection will be required.
encapsulation of lead hazards. Starting Depending on your municipality, your
Dec. 1, 2017, it began deferring to local Housing Authority may require
the ASTM’s regulations. This allowed an inspection within the last 10 years
landlords to use encapsulants for outdoor to maintain your letter of compliance.
lead remediation. Check your local regulations to ensure
your property stays in compliance.
MASSLANDLORDS IS FUNDED PRIMARILY BY MEMBERSHIP DUES. THANK YOU FOR YOUR SUPPORT. 13June 2020 MASSLANDLORDS NEWSLETTER
Your Rental Units are Clean,
BUT ARE THEY
CORONAVIRUS CLEAN?
By Kimberly Rau, MassLandlords Writer
A little soap goes a long than small ones. What does this mean for, clean a surface (if you’ve ever used hand
way towards defeating the say, kitchen countertops and bathroom sanitizer on dirty hands, you understand
novel coronavirus. faucets? What about cell phones and the difference), but it will kill the corona-
remote controls, or soft-surface things virus. As an aside, despite its name, hand
There’s lots of talk (and rightfully so) you can’t put in the laundry? sanitizer that contains at least 60 percent
about hand washing and hand sanitizing The CDC has published an extensive alcohol will kill the coronavirus.
to protect yourself and others from the article on how to clean and disinfect
coronavirus. But what about cleaning? surfaces in the face of this pandemic. The HOW TO CLEAN
What should you tell your tenants about site notes that the primary transmission The CDC recommends that you clean or
keeping their units clean to prevent the method for coronavirus is through disinfect “high-touch” surfaces every day.
spread of disease? respiratory droplets (cover your sneezes Your tenants should focus on things such
How long COVID-19 can live on and coughs!). Still, the CDC recommends as tables, hard-backed chairs, doorknobs,
surfaces, such as countertops and you clean visibly dirty or contaminated light switches, remote controls, handles,
cardboard, is uncertain, and information surfaces, or disinfect them if cleaning desks, toilets and sinks.
changes frequently. A study from the is not possible. If your tenant is concerned that
New England Journal of Medicine was someone with coronavirus has touched
able to show that test quantities of the CLEANING VS. DISINFECTING something in their home, they should
virus survived in detectable quantities for It’s important to note the differences wear single-use gloves to clean and
at least three days on surfaces such as between cleaning something, disinfecting disinfect. If tenants must use reusable
plastic and stainless steel. Virus particles it and sanitizing it. (Sanitizing kills or gloves, they should only be used for
degrade with a predictable “half life,” reduces bacteria, but does nothing to kill cleaning and disinfecting these surfaces,
such that large droplets will last longer things like viruses, so we don’t focus on and nothing else. Tenants should wash
it here). Cleaning and disinfecting are their hands after removing the gloves.
both key components of keeping your To clean surfaces, simply use water
home virus-free. and detergent or soap to kill the virus
Cleaning removes dirt and other impu- and remove surface dirt. Paper towels
rities, including germs, from a surface. may be used, or cleaning rags. Just wash
Twenty seconds of contact with soap and them afterwards.
water will kill the novel coronavirus. Soap For soft surfaces, use an appropriate
molecules are comprised of two parts: a cleaner for that surface. Remove any
head that bonds with water and a tail that visible contamination before cleaning.
avoids water and instead bonds with oils After that, the CDC recommends laun-
and fat. The coronavirus is surrounded by dering them in the warmest possible
a protective lipid (fat) barrier. The soap water, if possible. If laundering is not
molecules wedge themselves into the possible, it suggests using products
lipid membrane and break it apart. This with EPA-approved emerging viral
destroys the virus. At that point, the soap pathogens claims to disinfect. A list can
traps dirt molecules and the destroyed be found here.
parts of the virus, and those tiny bubbles
Approved cleaners can be used for cleaning and
disinfecting surfaces, but the novel coronavirus can
are washed away with water. TO DISINFECT
easily be killed with old-fashioned soap and water. Disinfecting uses chemicals to kill There are some surfaces you can’t expose
CC BY-SA MassLandlords germs on surfaces. It doesn’t necessarily to soap and water. This may include
14 MASSLANDLORDS IS FUNDED PRIMARILY BY MEMBERSHIP DUES. THANK YOU FOR YOUR SUPPORT.MASSLANDLORDS NEWSLETTER June 2020
electrical equipment, remote controls, or before the virus will degrade. It’s not as When unable to clean, quarantine.
cell phones. You may also be concerned easy as wiping once. Even large amounts of the virus will
about contaminants that soap may not degrade to nothing given enough time. ML
be able to kill. In those instances, you A NOTE ON LAUNDRY
want to disinfect instead. The CDC notes Finally, if there is any concern about Point your camera app here to
that diluted household bleach solutions, coronavirus being present on clothes, the read more online.
alcohol solutions containing at least CDC cautions that shaking out laundry
70 percent alcohol, and most common prior to putting it in the machine can
EPA-registered household disinfectants spread pathogens in the air. Follow
should work for these purposes. the manufacturer’s instructions for
Use bleach solutions only on surfaces the articles of clothing, using the
that they will not ruin. A bleach solution warmest possible water. Then, make
can be made by combining 1/3 cup of sure to clean and disinfect any laundry
bleach with a gallon of water. hampers or baskets that came in contact
Mind your EPA SARS-CoV-2 contact with the clothing.
times: surfaces must remain wet for an
extended period, depending on chemical,
MassLandlords Thanks Our Property Rights Supporters
Property Rights Supporters make monthly contributions WORKING TOGETHER CIRCLE
earmarked for policy advocacy. Up to $10 AAMD MGT. Alec Bewsee. Alex Narinsky.
Broggi R.E. & Property Mgmt Inc. Catherine Jurczyk. CC&L
OWNERS COOPERATIVE Properties, LLC. Eastfield Family Trust. Geri Ledoux. Glenn
$100 and Up Rich Merlino. Gray Investment Properties/ Phillips. JD Powers Property Management LLC. Kee 55,
Allyson Gray Trust. Hilltop Group Holdings. Premier Choice Inc. Agency Account C/O Ercolini. Patty Eksuzian. Ann
Realty. Spring Park Properties. Skye High Properties, LLC. Eurkus. Margaret Forde. Doug Quattrochi. Real Property
Eric Warren. Landrum Global, Inc. Management Associates. Realty Trust. Rob Barrientos.
Scott Cossette. Stuart Warner. Topaz Realty Trust. Charles
OWNERS CLUB Gendron. Jessica Alperin. Heidi Shey. Joann Strub. Kathryn
$50 to $99 Harbor View Realty Trust. Stony Hill Real Rivet. Alexandra Schoolcraft. WestMass Apartments LLC.
Estate Services. Arrow Properties, Inc. Foxworth Properties, John Siri Homes. Hancock Holdings LLC. Mary Palazzo.
LLC. Jim O'Brien. Michael Goodman. Slope Properties Olivier Delaporte. MassBay Group. Anthony Membrino.
LLC. Michael Totman. Ted Poppitz. Regan Management, Corofin Properties. Brandon Lee. Tara Pottebaum. Alexa
LLC. Shamrock Management. Gabriel Garcia. Rossanna Zaccagnino. Jo Landers. Mike Hempstead. JMG Realty &
Hennessey. Winton Corp. Witman Properties Inc. Hilltop Investments. Snaedis Valsdottir. Tomaltach O'Seanachain
Realty. HomeTeam Inspection Service. Gaskin Enterprise. Realty Trust. Jonathan Siegel. Vadim Tulchinsky. Patrick
Monroe Management LLC. Ferry Hill Management. Gray. Ross W. Hackerson. Barbara Frost. Pavel Novikov.
Arrowpoint Properties LLC. Park River Properties LLC. Urban CC&L Properties, LLC. Alvan Pope.
Lights LLC. Mary Norcross.
SPECIAL MENTION
WORKING TOGETHER CLUB Rental Property Management Services. Banita Burgess.
$20.25 to $49 Bob Finch. CHELSEACORPLLC. Dorel
Realty LLC. GMC Property Management LLC. Jill Monahan. One-time and bespoke donations sincerely appreciated, too
The Claremont Living LLC. Olson Apartments. E.R. General numerous to list here.
Improvement & Property Management. Liz O’Connor.
Cheryl Popiak. 557 Union Avenue Realty Trust. South Shore To join, complete a pink sheet at any MassLandlords event or
Apartments, Wembley LLC. Fairfield Realty Trust. JCCarrig sign up online at MassLandlords.net/property. ML
Real Property. Lucille Fink. Royce Fuller. Matthew Maddaleni.
Chris Rodwill. StacyJonh Thomas. Lorenzo Whitter. Stuart
Cerullo. Karen Jarosiewicz. Kristina Midura-Rodriguez.
David Branagan. Vincent Monaco. Janice Sawyer. First
Chair Entertainment.
MASSLANDLORDS IS FUNDED PRIMARILY BY MEMBERSHIP DUES. THANK YOU FOR YOUR SUPPORT. 15June 2020 MASSLANDLORDS NEWSLETTER
FAIR AND EQUAL HOUSING GUARANTEE
via Surety Bonds
By Peter Vickery, Esq., Legislative Affairs Counsel
65 says that tenants are supposed to pay nesses, more than one million people
Chapter 65, the rent. But if they do not, the landlord in Massachusetts have been unem-
Massachusetts eviction is not allowed to send a notice to quit ployed. As a result, many are unable to
moratorium, is a one-sided (or even a request that they vacate), afford to pay rent.
unfunded mandate that in still less go to Housing Court to ask the Who pays the rent for them? In effect,
effect requires landlords judge to evict them. it is the people who provide the housing,
to provide housing and Providing shelter during the COVID-19 i.e., the landlords.
pandemic is an essential public service. Chapter 65 requires landlords to
pay for it too. That was the reason for the eviction provide tenants with housing, but if the
moratorium law that the Massachusetts tenants can’t pay the rent then it is the
At MassLandlords we have a solution to a Legislature passed and Governor Charlie landlords who have to absorb the loss.
problem that coronavirus created and the Baker signed on April 20. As Senator In effect, landlords are both providing
Legislature and Governor exacerbated. Brendan Crighton, co-chair of the Joint a public service (housing) and also
First, before presenting the solution, let Committee on Housing, said, “If we’re paying for it.
me describe the problem. telling people to stay at home, they need And that unfunded mandate is where
to have a home to stay in.” the current law falls short. It is tanta-
PROBLEM: UNFUNDED MANDATE That sounds fair enough. mount to taking private property without
The eviction moratorium prevents If the government decides that it is compensation, which both the State and
landlords from enforcing rent collection, in the public interest to keep people Federal Constitutions prohibit. That
but we are still forced to provide and housed, then it is fair that nobody should is the problem.
maintain housing. face eviction for nonpayment of rent.
Imagine if the Commonwealth required But only if the public as a
you to go work for your employer every whole picks up the tab.
day, but did not let you ask for the If the burden falls
money or take them to court if they only on the people
failed to pay you! who provide
Or imagine that the Legislature the housing –
passed a law requiring every munic- people who
ipality to build and operate a 5-star have their
hotel (replete with spa) solely for state own bills to
representatives and senators to stay pay – then
in should they happen to be passing it’s not fair.
through. For the new law to take effect, And because
the Commonwealth would have to of the State
provide the funding. Otherwise it would government
constitute an unfunded mandate, and order to close
a town or city could go to court for an “non-essen-
order exempting it. tial” busi-
That is similar to the predicament
many MassLandlords members find
themselves in as a result of Chapter 65,
the eviction moratorium. Landlords
have to provide a service but without A Fair and Equal Housing Guarantee via Surety Bonds would fund the COVID-19 eviction moratorium.
any guarantee of payment. Yes, Chapter CC SA Fcb981 MassLandlords.
16 MASSLANDLORDS IS FUNDED PRIMARILY BY MEMBERSHIP DUES. THANK YOU FOR YOUR SUPPORT.June 2020 MASSLANDLORDS NEWSLETTER
SOLUTION: FUND THE MANDATE as surety for renters who cannot CONCLUSION
The principle behind the MassLandlords afford to pay rent. The current law is a one-sided unfunded
solution is simple: fund the mandate by We are not talking about municipal mandate. Under Chapter 65, landlords
guaranteeing the rent. In other words, or treasury bonds here, by the way. This must provide housing but must not go
provide reasonable compensation kind of bond has nothing to do with to court to enforce the obligation to pay
for the taking. the stock market. A surety bond is an rent. With our Fair and Equal Housing
We called our proposal the Fair industry standard practice to guarantee Guarantee, landlords would continue to
and Equal Housing Guarantee to rental agreements. Think about it like provide the public service and get paid.
highlight the fact that the current law is insurance for unpaid rent. Landlords would provide something that
unfair and unequal. A surety bond is a guarantee that if one the Commonwealth has deemed essential
Chapter 65 treats one group of people party to a contract does not perform its public good, namely stable housing, and
(tenants) fairly, and another group obligations (e.g., a tenant fails to make the Commonwealth, i.e., the taxpayers as
(landlords) unfairly. It guarantees some timely payments) an outsider will do so. a whole, would both promise to pay if the
people a place to live without guaran- In this way, the other party to the contract tenants do not.
teeing anything to the people who own (the landlord) does not lose out. We That’s treating both landlords
and pay for that place. And although propose that private companies, licensed and tenants fairly and equally,
according to our Constitution we are all and approved by the Commonwealth, don’t you agree? ML
equal in the eyes of the law and entitled would offer bonds for landlords to
to its equal protection, Chapter 65 denies purchase by paying a premium. The Point your camera app here to
landlords equal protection; it expressly Commonwealth would reimburse the read more online.
prohibits them from taking tenants to landlord for the price of the premium. If
court for nonpayment. But renters can the tenant defaults, and the landlord is
take landlords to court for not maintain- not able to obtain judgment or enforce
ing a clean and sanitary dwelling. the judgment (because of an ongoing
In contrast, our rent guarantee would eviction moratorium, for example) the
treat tenants and landlords fairly and company pays the landlord a sum of
equally. It would have the Commonwealth money equal to the unpaid rent. Then the
underwrite a bond and thereby stand Commonwealth reimburses the company.
It’s Time to Talk about
SUMMER FIRE SAFETY IN MULTIFAMILY UNITS
With more families staying may try to have a cookout using a grill
at home due to coronavi- on a covered upper floor deck. Still
others may be tempted to purchase and
rus, it’s important to have light off fireworks. Review our article,
summer fun safely. “Summer Fire Safety for Multifamilies,”
and make sure your renters know how to
As of publication, the state of avoid disaster this summer. ML
Massachusetts was still in the very early
stages of “opening up” after a months- Point your camera app here to
long stay at home order due to the read more online.
This grill fire in Indian Harbour Beach, Fla., led to
coronavirus pandemic. With summer damage to all three floors and many people becoming
beckoning, and large public gatherings homeless. Photo Credit: Indian Harbour Beach Fire
still off-limits, many families are going to Department
be looking for ways to have fun at home.
But some summer activities have the easy access to yard space. For example,
potential for disaster in multifamily in multi-floor units where residents may
units, where some tenants may not have not have easy yard access, some people
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MASSACHUSETTS EVICTION DATA
and Housing Court Statistics
Detailed Massachusetts
eviction data including
Housing Court summary
process case filings.
As of May 2020, MassLandlords now
compiles eviction data monthly. The
Massachusetts eviction process is called
“summary process.” It is not legal for a
landlord to evict a renter without filing
for “summary process.” These filings are
a public record and can be inspected in
detail or in aggregate by anyone. The
eviction data we are now compiling add
detail to the Massachusetts Trial Court
statistics released each fiscal year. For
instance, the trial courts show total
summary process filings each year.
MassLandlords now compiles total filings
by division by month.
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SUMMARY PROCESS IS NOT give another example, “lockouts” would The study controverted a then-frequent
FORCED MOVE-OUT be an unlawful non-judicial resolution. renter advocate refrain. Advocates used to
Note that summary process is the Every lockout can be reversed by law say that evictions could be accomplished
legal term for “eviction,” but the over- enforcement. (If you believe you have in as little as seven days, intending to
whelming majority of summary process been locked out of your apartment by argue that evictions were not lengthy.
actions end without a forced move-out. your landlord, call the police.) The eviction study clearly demonstrated
For instance, many landlords and renters This eviction data includes only that the average court time was 38
mediate in court and agree to a payment court procedures. days, with the longest being one year,
plan. Other mediated agreements three months, two weeks and two days
might include a voluntary (non-forced) SUMMARY PROCESS FILINGS, before the landlord was finally awarded
move-out at a mutually agreeable date in EACH HOUSING COURT, BY MONTH possession. The seven-day eviction
the future, sometimes months or a year Spring 2020 Housing Court filings timeframe applied only to mediated
after. Note also that a host of individuals dropped by 99.8% below long-term agreements for judgment.
intervene with the purpose of preventing averages, from about 2,500 cases per The study placed court duration in
forced move-outs. Help comes from month to approximately 10 cases the context of notice and repair time,
Residential Assistance for Families per month statewide, due to the which for a landlord adds to length of an
in Transition (RAFT), the Tenancy eviction moratorium. eviction above and beyond court time.
Preservation Program (TPP), and even Note that up to one-third of summary The cost and delay associated with a
judges themselves when they enforce the process filings are filed in District Court court eviction mean that most mom and
law on sanitary code conditions, security and are not counted here. pop landlords attempt to negotiate with
deposits, and much more. renters rather than filing for eviction. ML
The confusion between forced PREVIOUS EVICTION DATA:
move-outs and summary process actions EVICTION STUDY FOR Point your camera app here to
has been worsened by misreporting. As MASSACHUSETTS PART ONE read more online.
an example of such misreporting, we In 2016, MassLandlords published
detailed the Boston Globe’s carelessness “Eviction Study for Massachusetts Part
in “Global (Over)Reach: Boston Globe One”, a detailed assessment of 8,000
Stokes Eviction Fear with Falsehoods,” cases filed in Housing Court in 2014. This
April 19, 2019. study of eviction data produced several
Summary process filings result key findings. There were statistically
in a forced move-out only about significant differences in the length, and
10% of the time. therefore the cost, of evictions in Housing
Note that these data do not consider Court vs. District Court. For instance,
non-judicial resolution. For instance, a case filed in District Court was 30%
“cash for keys” is a lawful non-judicial more likely to end before an unpaid
resolution for which we have little data. rent judgment reached $1,500, whereas
In a “cash for keys” arrangement, the a case filed in Housing Court was 18%
landlord and the renter agree to part ways more likely to accrue over $10,000
without the need for legal assistance. To in unpaid rent.
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