Letter to the Editor: Know your rights under new eviction and foreclosure law

On April 20, the Eviction and Foreclosure Moratorium law went into effect through the efforts of community groups, legal aid groups and supportive legislators. The New Bedford based United Interfaith Action was one of those groups. It recognized that with almost 900,000 people losing their jobs and other loss in income in Massachusetts, it would be very hard for people to pay their rent or mortgage, so emergency help was needed and given with this law.

What rights and benefits does this law give to tenants, homeowners, and small businesses?

For Tenants: It stops evictions through August 18, 2020 or for 45 days after the end of the COVID-19 emergency declaration, whichever is sooner. (The only exception is if you engaged in activity that endangered health and safety standards). Landlords must NOT give tenants eviction notices saying they have to move, including 14-day or 30-day notices, notices to quit, to vacate, or to end tenancy. Courts will NOT hear eviction cases (with prior mentioned exception). You cannot be charged late fees or reported to a credit agency.

For Homeowners: If you prove you lost income because of COVID-19, you can delay your mortgage payments up to 180 days. The lender is not allowed to foreclose for missed payments. The lender must add your missed payments to the end of your loan period. The lender cannot charge late fees, penalties or interest, balloon payments, or report you to a credit agency.

For Small Businesses: It stops evictions through August 18, 2020 or for 45 days after the end of the COVID-19 emergency declaration, whichever is sooner. To qualify, the business must employ less than 150 people, not be multi-state, and not be publicly traded.

What happens to any rent I cannot pay during these months; do I still owe it and by when do I have to pay it back?

We are working with the Legislature to pass an additional law determining how many months you will have to pay back any rent you could not afford to pay during these months. We hope you will be given 12 or more months to pay off rent that is owed. And we are working to support state and federal funding for rental assistance to make rents more affordable and help in paying off any back rent owed.

UIA of SE Massachusetts worked with other community and legal aid groups to get this law passed. UIA is working in support of the next needed law on time tenants need to pay off rent not paid and for rental assistance to tenants. To get involved in these efforts contact us at andrea.uia@mcan.us in New Bedford or sandra.uia@mcan.us in Fall River.

If you have any questions about your rights under this law, call South Coastal Counties Legal Services at 1-800-244-9023.

Andrea Sheppard Lomba, Director and Organizer in New Bedford
Sandra Carreiro, Community Organizer in Fall River
United Interfaith Action of Southeastern MA