Landlords Fail To Overturn MA Eviction Ban In Court

WORCESTER, MA — An eviction ban in Massachusetts meant to protect renters from housing instability during the coronavirus pandemic will stand following a Suffolk County judge's ruling in a lawsuit on Wednesday.

Two landlords from Worcester and Randolph sued to stop the eviction moratorium law, saying that it violates their constitutional rights, Commonwealth Magazine reported. A separate lawsuit over the ban has been filed against the state Executive Office of Housing and Economic Development in federal court, but that case has yet to be resolved.

Gov. Charlie Baker signed the eviction moratorium on April 20, and it will be in place until at least the middle of October. Under the law, a landlord can't evict a tenant for "non-essential" reasons like not paying rent. Landlords can still evict tenants who violate criminal laws or break a lease in an egregious way.

The law does not forgive rent payments, but landlords can't charge late fees or ding a renter's credit. The law also halts foreclosures for missed mortgage payments.

The coronavirus pandemic has brought widespread economic instability to Massachusetts following months of business closures, and disruptions to industries that rely on public events. The state's unemployment rate was at 16.1 percent as of Aug. 21 — the highest in the nation.

Gov. Charlie Baker extended the eviction and foreclosure moratorium until Oct. 17 on July 21, citing the slow reopening of the state this summer.

"The extension I am declaring today will provide residents of the Commonwealth with continued housing security as businesses cautiously re-open, more people return to work, and we collectively move toward a 'new normal,'" Baker wrote in a July 21 letter to lawmakers.

Baker has said he will evaluate whether the ban needs to be extended beyond Oct. 17.