Letter from the Executive Director for September 2024: Eviction Sealing is Law

In early August eviction sealing became law. The legislature passed -- and Governor Maura Healey signed -- 193 H.4977 "An Act relative to the Affordable Homes Act." This bill authorized the executive to borrow roughly $5 billion to spend on mostly housing-related matters, more than half of it on the Housing Authorities, the Housing Stabilization and Investment Trust Fund and the Affordable Housing Trust Fund. Some of the bond bill is good. Most of it is above our pay-grade. A very little of it potentially ruins everything.

Eviction sealing is the main concern. Outside of my letter here, we are not covering it in this month's newsletter. It does not take effect until May 2025. For now, know that unless we get it partially or entirely overturned, it will result in all for-cause cases older than 7 years going away; all nonpayment cases older than 4 years going away; all no-cause-stated cases and all cases where the landlord loses going away upon conclusion. True, a renter must petition to have a case sealed. But someone will be sure to help them. Worse, a renter can perjure themselves to have prior judgments undone. There is no due process to protect the landlord holding the debt. Personally, this is a problem for me: I only want to rent to people who can follow the rules and communicate well enough to avoid court. If you want the same, this is a problem for you, as well.

Consider professional tenants like the Callahans (if that even is their real name). NBC10 Boston has tracked down renters who have scammed landlords for more than 20 years. They might be charged with fraud and theft. Why haven't they been? Contact the Worcester County District Attorney and the Attorney General and ask them to investigate. Under eviction sealing, all of the Callahans' eviction cases will disappear over time. How is it fair to put the Callahans into the same bucket as the next renter who scrupulously avoided court their whole life? Who does eviction sealing help?

We have outlined internally half a dozen responses to eviction sealing. One of our plans involves giving ways for you to raise the qualifications on your rental application to compensate for unreliable court data.

With eviction becoming less and less consequential, you as a housing provider will have less and less leverage. I'll say now it is worth considering how you would report a renter negative for credit. (We developed the RentHelper service with foresight. The renter must enroll before there's a problem.) We will come back to you with additional plans and opportunities in the coming months.

This newsletter goes into additional detail on the bond bill's changes to ADU law and security deposit law.

Thank you for supporting our mission to create better rental housing. We've got your back only because you've got ours. Please join as a member, encourage others to join, become a property rights supporter or increase your level of support. We aim to hire both a full-time educator and policy advocate.

Sincerely,

Douglas Quattrochi

Executive Director

MassLandlords, Inc.