COVID-19 Related Info

Court Proceedings
Source: https://www.mass.gov/info-details/district-court-faqs-related-to-covid-19

Number to call if clarity needed on appearing in court: 833-91COURT (Trial Court call center)

Small claims trials are being held at the discretion of the Clerk-Magistrate of the courthouse in which the case has been filed by the client. The client would receive a notice in the mail from the Clerk’s Office regarding the scheduling of the case. Small claims cases that have been scheduled for a trial will be held virtually unless one of the parties objects to a virtual hearing, in which case the trial will be rescheduled to a future date in which the parties can appear in person.

The court will let the client know if the hearing is virtual. It may contact the client by U.S. mail, email, or phone. They will also let the other parties in the case know. Click on this link for a guide to virtual hearings.

If the client is unable to appear in person due to COVID-related reasons, or if the client wants to request to appear virtually at a scheduled in-person hearing, the client should contact the court where they are due to appear. Click on this link for a list of district courts and their contact info.

Clients can contact the court at the phone number or email address provided in the court notice or use the Courthouse Locator to find out how to contact the court that serves them.

What if the client doesn't have access to the internet or a phone? The client should contact the court as soon as possible. The court may postpone the hearing until everyone can participate safely or help find a way for the client to participate.

Housing & Evictions
This section contains information for clients who face eviction and have difficulty paying rent due to a number of circumstances.

In Massachusetts, a landlord must send a tenant a Notice to Quit before the landlord can file a summary process (eviction) action. The Notice to Quit is a legal document that formally notifies the tenant that the tenancy will be terminated on a specific date. A Notice to Quit is not an order to leave the apartment on the date of the lease termination.

If the client received a notice to quit, the client does not have to immediately leave their unit. The client is entitled to a legal proceeding in which they can defend against the eviction – only a court order can force them to leave their unit. However, if the client has received a Notice to Quit, they should immediately contact their landlord to try to work out a payment plan, or contact their local Housing Consumer Education Center to learn if they are eligible for rental assistance.

** Important: If the client has received a Summons and Complaint in addition to the Notice of Quit, the client should fill out the forms at this link. These forms need to be submitted to the court and to the landlord/landlord's attorney.

Moratorium Declaration Form
'''However, the client may be temporarily protected from eviction by the Centers for Disease Control and Prevention order in effect through Dec. 31, 2020. The criteria for eligibility are as follows:''' If these criteria apply to the client, direct them to this form (online version here) and have them give it to their landowner.
 * Client is an individual with a net household income under $99,000 or a couple with a net household income under $198,000
 * Client is unable to pay rent due to a substantial loss in income or extraordinary medical expenses
 * Client would likely become homeless if evicted,
 * Client has tried to obtain state or local rental assistance, and
 * Client is making best efforts to pay as much rent as possible.

Note that although the client cannot be evicted before Dec. 31, 2020 (if eligible), the landlord can still pursue the eviction process, so the client may need to attend court. Also, note that the client is at risk of eviction once the moratorium expires (Dec. 31), and the CDC order does not eliminate the obligation to pay rent or late fees. To increase the chance that the client will not be evicted, the client should pay as much rent as they can, and they should seek rental assistance if needed.

RAFT (Residential Assistance for Families in Transition)
After filling out the moratorium form (the form mentioned previously), tenants in need should apply for RAFT (Residential Assistance for Families in Transition), which provides eligible households or individuals up to $10,000 that can be used to help keep their housing, obtain new housing, or otherwise avoid becoming homeless.

The following are the criteria for RAFT eligibility:
 * A household’s income must be at or below 80 percent area median income (AMI).


 * Households composed of two or more people living together, one of whom is a dependent child under the age of 21. A pregnant mother qualifies if she is the head of household.


 * Individuals, families with older children, couples without children, unaccompanied youth, and households of any size.


 * Household must provide documentation/proof that they are currently experiencing a housing crisis:
 * For households with rental arrears: Written documentation of rental arrears, demonstration of a financial hardship (reduction in revenue and/or increase in expenses) that caused the nonpayment of rent, and demonstration that payment of the arrears will allow the household to retain their housing.
 * For households facing eviction: Summary Process Summons and Complaint. Tenants who have a housing subsidy and are facing eviction due to non-payment of rent must also provide proof of financial hardship that explains cause for arrears in order to receive assistance.
 * For households leaving doubled-up housing: Letter from landlord or primary tenant explaining that the family must leave. This must also include the address, date, and contact name and info of person writing letter.  A copy of new lease or letter of intent to rent for new apartment.
 * For households leaving unsafe housing: Verification of unsafe housing conditions and copy of new lease/letter of intent to rent for new apartment.
 * For households facing foreclosure or mortgage arrears: Current mortgage statement and letter from lender indicating that family is at least 30 days in arrears and at risk of foreclosure.
 * For households facing utility shutoff: Utility shutoff notice and current bill

Emergency Rental and Mortgage Assistance Program (ERMA)
ERMA can provide rental and mortgage assistance to low-income households who have been impacted by the crisis and may not be eligible for RAFT. This program is available for households within the 50-80% range of Area Median Income (AMI). Like RAFT, ERMA may provide up to $4,000 for eligible households to assist with rent or mortgage arrears accrued after April 1, 2020, and/or with upcoming rent or mortgage payments.

** Clarification: ''Note that the links to RAFT and ERMA both direct clients to the application portal for both RAFT and ERMA. There is no need for clients to apply for the two programs separately, as there is only one form that allows clients to apply for RAFT or ERMA depending on their eligibility.''

Eviction Diversion Initiative (EDI)
The Baker-Polito Administration announced a comprehensive set of resources to support tenants and landlords during the financial challenges caused by the pandemic. The goal of [https://www.mass.gov/info-details/covid-19-eviction-diversion-initiative-overview#:~:text=The%20goal%20of%20this%20initiative,on%20Saturday%2C%20October%2017th. this initiative] is to keep tenants safely in their homes and to support the ongoing expenses of landlords once the pause of evictions and foreclosures expire on Saturday, October 17th. Frequently asked questions about the EDI are addressed here.

The following are some of the EDI's programs:
 * DHCD (Department of Housing and Community Development) website
 * The website is updated with information for renters, landlords, homeowners, and others needing assistance.
 * Mass211
 * Housing crisis hotline, for guidance and referral to EDI resources. Available 24 hours a day.
 * Housing Consumer Education Centers (HCECs)
 * Instead of calling Mass211 (which may be overwhelmed), clients can contact one of the 9 regional HCECs, which will be taking calls during normal business hours and return calls within 48 hours.
 * To find the HCEC for client's municipality, client can visit this website or call 211.
 * Tenancy Preservation Program (TPP)
 * Eligibility: Households where one family member has a disability that is contributing to housing instability
 * Provides case management support and acts as a neutral 3rd party between landlords & tenants, with the goal of preserving tenancies.
 * Starting in December, a temporary COVID Response TPP will be available to serve a broader range of high-risk households, targeting extremely low-income seniors and families with children. Accessible via HCEC or Court referral.
 * To find one of the 6 regional TPP providers: Visit this website or call 211.
 * Rapid Rehousing Programs
 * Eligibility: Families with children or pregnant women with incomes up to 115% Federal Poverty Level who are homeless, in shelter, or at risk of homelessness
 * Offers up to $10,000 in benefits to families with children and pregnant women who are eligible for Emergency Assistance (EA, the state’s family shelter system).
 * Strategic Prevention Initiative (SPI)
 * Offers up to $3,000 in benefits for families who are likely EA-eligible.
 * Starting in November, SPI will also be available to likely EA-eligible families in Worcester, Lawrence, and Springfield. In December, a temporary COVID response program called the Massachusetts Emergency Transitional Assistance Reserve (METAR) will be available offering up to $10,000 in benefits to likely EA-eligible families statewide. Contact the Family Resource Center (FRC) in the community or call (866) 584-0653 to speak to a Homeless Coordinator.
 * Legal Aid — for households up to 200% Federal Poverty Level
 * Eligibility: households up to 200% Federal Poverty Level
 * Legal aid organizations will be assisting court-involved, income-eligible clients. Volunteer lawyers will be available to help through Lawyer for the Day programs in some Housing Courts.
 * Starting in mid-November, COVID Eviction Legal Help will be available to assist a larger number of income-eligible landlords and tenants, both before and during the court process. By the end of December, the program will be operating at full capacity statewide.
 * To locate legal aid, go to this website or call 211.
 * Community Mediation Centers (CMCs)
 * Through the Massachusetts Office of Public Collaboration, 12 CMCs currently offer mediation services on a variety of issues, including housing on a limited basis. Mediation services are available for no fee or on a sliding scale.
 * Starting in mid-November, the 12 CMCs will begin expanding their capacity to mediate housing cases. By December, all 12 CMCs will be operating full scale mediation for eviction cases that are referred by HCECs, RAFT agencies, Legal Aid, or the Courts.
 * To locate CMCs, visit this website.