Changes Include New Attestation Form For Landlords Regarding Applicability of CDC Eviction Moratorium and CARES Act, Submission to State Database, Moratorium of Eviction Cases Where Tenant Applies for RAFT Assistance
While the Massachusetts Legislature was busy passing a massive year-end budget and Covid-19 relief bill, included in the new measure were major changes to notices to quit for residential non-payment of rent evictions, as well as an eviction moratorium in cases where the tenant applies for short term rental assistance funding. Gov. Baker signed the bill into law as Chapter 257 of the Acts of 2020. This new law is in effect until the termination of the Covid-19 State of Emergency (whenever that may be).
New Attestation Form for Notices to Quit for Nonpayment of Rent
Any landlord serving a tenant with a notice to quit for non-payment of rent must now include a state-required form with various certifications, including:
- Whether the tenant has submitted a CDC Eviction Moratorium Hardship Declaration Form;
- Whether the leased premises is covered as a “dwelling unit” under the federal CARES Act. (If the unit is covered under the CARES Act, then a 30 day notice is most likely required).
- Whether there is an existing agreement between the parties concerning the repayment of rent.
You can download the new Massachusetts Notice to Quit Attestation Form here. The state has also created a special webpage and an Instruction Sheet to help landlords comply. Housing Courts will not accept summary process cases for filing without the new attestation form. Screenshot of the new Attestation Form is shown below.
The new Attestation Form also provides tenants with a list of available rental assistance programs, information on the federal CDC eviction moratorium, and court rules on evictions. See below.
Required Upload of Notice to Quit to Executive Office of Housing and Economic Development
The new law also requires that any…