Executive Order

Executive Order No. 94: (1st Series) Restricting tenant evictions during wartime

Date: 07/01/1946
Issuer: Maurice J. Tobin
Revoked by: 1st Series Executive Order 95

Table of Contents

WHEREAS, the Emergency Price Control Act of 1942, Act of June 30, 1942 (56 U.S. Stat. at L. 23), as amended and extended, has by its terms expired; and

WHEREAS, due to the lack of housing facilities in the Commonwealth of Massachusetts an emergency exists; and

WHEREAS, a further emergency exists due to lack of housing facilities for veterans of World War II who have returned to the Commonwealth and their families; and

WHEREAS, appropriate action is necessary in order to protect the health and welfare of the citizens and said veterans and their families in the Commonwealth of Massachusetts by preventing their eviction from the premises occupied for housing accommodation by them:

NOW, THEREFORE, I, Maurice J. Tobin, Governor of the Common- wealth of Massachusetts, acting under the provisions of Acts of 1941, chapter 719, section 7, as amended by the Acts of 1943, chapter 3, and Acts of 1942, chapter 13, sections 2 and 3, and all other authority vested in me, do hereby issue this order as a measure necessary and expedient for meeting the supreme emergency of the existing state of war between the United States and certain foreign countries.

During the continuance of the existing state of war no person shall be evicted from premises occupied for housing accommodations within the Commonwealth of Massachusetts, except after compliance with existing provisions of law and except for:

(1) Non-payment of rent.

(2) Tenant's unreasonable refusal of access to landlord.

(3) Violation of a substantial obligation of tenancy, or committing or permitting a nuisance, or permitting the use of the housing accommodations for immoral or illegal purposes.

(4) Occupancy by a landlord, for himself, his family or dependents, who owned or acquired an enforceable right to buy or the right to possession of the housing accommodation prior to November 1, 1942, who can satisfy the court that he has an immediate compelling necessity to occupy the place as a dwelling place for himself, his family or his dependents, except that in the case of a veteran of World War II who has owned the property or acquired an enforceable right to the property prior to November 1, 1942, he need only satisfy the court that he seeks in good faith to occupy the premises as a dwelling for himself.

(5) Occupancy by a landlord who had purchased or acquired a right of possession of housing accommodations either before or after November 1, 1942 who has given the tenant six months notice to quit unless the tenant is a veteran of World War II.

(6) Occupancy by a veteran of World War II who purchased or acquired a right of possession of housing accommodations either before or after November 1, 1942 who has given the tenant three months notice to quit unless the tenant is a veteran of World War II.

(7) Occupancy or any other use as authorized by a certificate of eviction issued prior to June 30, 1946, by the Office of Price Administration at the expiration of the waiting period indicated in such certificate.

Given at the Executive Chamber in Boston, this first day of July in the year of our Lord one thousand nine hundred and forty-six and of the Independence of the United States of America, the one hundred and seventieth.

By His Excellency the Governor,
Maurice J. Tobin

F. W. Cook
Secretary of the Commonwealth

Contact for No. 94: (1st Series) Restricting tenant evictions during wartime

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