Legislature Passes Moratorium on Non-Essential Evictions and Foreclosures Amid COVID-19

(BOSTON – 04/21/2020) Senator Cindy Friedman (D-Arlington) supported a bill passed by the Senate and House that will provide a critical safety net for renters, homeowners, and small businesses grappling with the economic fallout of the coronavirus public health emergency. 

The bill, An Act Providing for a Moratorium on Evictions and Foreclosures During the COVID-19 Emergency, prohibits all non-essential evictions and foreclosures and provides mortgage borrowers with forbearance options and protects tenants from late fees as well as other protections. The bill was signed into law by the Governor on April 20, 2020.

“During this unprecedented time, it is incredibly important to ensure that our residents are able to remain safely in their homes,” said Senator Friedman. “I’m grateful to my colleagues in the Senate and House for taking this important step to ensure that our renters, homeowners and small businesses receive the critical protections and relief they need during this public health crisis.”

To address the COVID-19 public health crisis and its adverse impacts on renters, homeowners and small businesses, the bill includes the following components:

  • A moratorium on all stages of the eviction and foreclosure processes for 120 days from the enactment of the legislation or 45 days after the State of Emergency has been lifted, whichever period of time is shorter. 
  • Prohibits all non-essential evictions for residential properties and small businesses.
  • Prohibits residential landlords from terminating tenancy and sending a notice to quit.
  • Halts landlords from issuing late fees and reports to credit agencies for nonpayment of rent, provided that a tenant offers notice and documentation to the landlord within 30 days of the missed rent payment that the non-payment was related to a financial impact from COVID-19.
  • Allows for video or telephone conferencing during the State of Emergency for reverse mortgage loans in lieu of in-person counseling until the State of Emergency order  is lifted.
  • Evictions may proceed during the moratorium for actions that involve allegations of criminal activity or lease violations that are detrimental to public health or public safety.
  • Requires mortgage lenders to grant a forbearance of up to 180-days on required mortgage payments if homeowner submits request demonstrating financial hardship as result of COVID-19.
  • Allows landlords to use a tenant’s last month rent for expenses like mortgages payments and property maintenance, while protecting tenant rights regarding rent paid in advance.