Coronavirus (COVID-19) Relief Center
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Massachusetts
These resources – like the public health crisis itself – are constantly evolving and are only current as to the date of publication. This page was last updated on September 14, 2020.
For more up-to-date information on the relief programs available in Massachusetts, we recommend that you visit the state's COVID-19 Updates and Information website, COVID-19 State of Emergency resources or MassTrac's list of bills related to the COVID-19 pandemic.
Description of Program and Relief
Statutory Moratorium on Residential and Small Business Evictions and Residential Foreclosures During the COVID-19 Pandemic
The State has passed legislation that provides for a moratorium on non-essential evictions for residential properties and small businesses as well as a moratorium on residential foreclosures during the COVID-19 pandemic. The legislation includes the following provisions:
Evictions and Non-Payment of Rent
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A landlord or owner of a property cannot, for the purposes of a non-essential eviction for a residential dwelling unit, terminate a tenancy or send a tenant a notice to quit.
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State courts having jurisdiction over summary process proceedings cannot, for the purposes of a non-essential eviction for a residential dwelling or small business premises unit (i) accept for filing a writ, summons, or complaint; (ii) enter a judgment or default judgment for a plaintiff for possession of the unit; (iii) issue an execution for possession of the unit; (iv) deny a defendant’s request for a stay of execution or any party’s request for a continuance of a summary process case; or (v) schedule any court event. Deadlines and time periods for action by a party to a non-essential eviction for a residential dwelling or small business premises unit are tolled.
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A landlord cannot impose late fees for non-payment of rent for a residential dwelling or small business premises unit, or furnish related rental payment data to a consumer reporting agency, if within 30 days of the missed rent payment, the tenant provides notice and documentation to the landlord that the non-payment was due to a financial impact from COVID-19.
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A lessor who received last-month’s rent in advance may use those funds to pay for expenses related to the leased unit, other than to account for the tenant’s non-payment of rent and provided that the lessor provides the tenant certain written notices.
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A tenant is not relieved from the obligation to pay rent or otherwise abide by its lease obligations.
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A creditor or mortgagee cannot, for the purpose of foreclosing on a residential property that is not vacated or abandoned: (i) cause a notice of a foreclosure sale to be published; (ii) exercise a power of sale; (iii) exercise a right entry; (iv) initiate a judicial or non-judicial foreclosure process; or (v) file a complaint to determine the military status of a mortgagor under the federal Servicemembers Civil Relief Act (SCRA).
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A creditor or mortgagee must grant a forbearance (of no more than 180 days) to a mortgagor of a residential mortgage loan if the mortgagor submits a request and affirms that the mortgagor has experienced a financial impact from COVID-19. Fees, penalties, or interest beyond the amounts scheduled and calculated as if the mortgagor made timely payments shall not accrue during the period of the requested forbearance.
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The mortgagee shall not furnish negative mortgage payment information to a consumer reporting agency related to mortgage payments subject to requested forbearance.
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A mortgagor is not relieved from its obligation to pay its mortgage or otherwise abide by its mortgage obligations.
Foreclosures and Requests for Forbearance
Government or Lead Agency
Legislation
Dates Available
These measures were enacted on April 20, 2020. They will expire at 11:59 pm on October 17, 2020. The Governor may postpone such expiration in increments of not more than 90 days, but the expiration cannot be extended beyond 45 days after the Governor’s declared State of Emergency has been lifted.
Eligibility Requirements/Restrictions
None in addition to the above.
Application Deadlines (If Applicable)
Not applicable
Contact for More Information
Not applicable
List of Additional Information
© 2021 Paul, Weiss, Rifkind, Wharton & Garrison LLP. This does not constitute legal advice and does not create an attorney-client relationship. In some jurisdictions, this publication may be considered attorney advertising. Past representations are no guarantee of future outcomes.