Introduction
The state's pause on evictions expired on October 17, 2020. When the state moratorium expired, a federal moratorium established by the Centers for Disease Prevention and Control (CDC) became effective in Massachusetts. Through March 31, 2021, the CDC moratorium will prevent residential evictions for non-payment for qualified tenants who submit a written declaration to their landlord. Courts will accept filings and process cases, and may enter judgments but will not issue an order of execution (the court order that allows a landlord to evict a tenant) until after the expiration of the CDC order. Protection is limited to households who meet certain income and vulnerability criteria.
In addition, the Trial Court has changed its procedures to provide for a two tier process that will enable tenants and landlords to access resources and mediate their disputes in order to preserve tenancies.
A state law enacted in December of 2020 adds new requirements for notices to quit issued by landlords, and made additional changes to court processes. New regulations were also issued as a result of the law.
More information on the eviction process, and required forms, can be found below.
Law and regulation
Trial Court administrative and standing orders
Trial Court Emergency Administrative Order 20-13: Trial Court order suspending certain provisions of Trial Court Rule I: Uniform Summary Process Rules
Suspends any eviction rules that are not consistent with court standing orders about eviction
Boston Municipal Court Second Revised Standing Order 11-20: Court operations for the adjudication of summary process matters during the continuing COVID-19 state of emergency
Outlines procedures for eviction cases in Boston Municipal Court
District Court Second Amended Standing Order 10-20: Court operations for the adjudication of summary process cases under the exigent circumstances created by COVID-19
Outlines procedures for eviction cases in District Court
Housing Court First Amended Standing Order 6-20: Temporary modifications to court operations based on the coronavirus (COVID-19) pandemic and recent legislation affecting summary process cases
Outlines procedures for eviction cases in Housing Court
CDC moratorium information
The CDC eviction moratorium order, often referred to as the “CDC Order,” may provide protection from eviction for non-payment of rent to people who meet certain requirements.
CDC order
Temporary halt in residential evictions to prevent the further spread of COVID-19, Centers for Disease Control, Sept. 4, 2020.
The order itself.
Extension to January 31, 2021: 2021 Consolidated Appropriations Act, Sec.502.
Extension to March 31, 2021: Media Statement from CDC Director Rochelle P. Walensky, MD, MPH, on Extending the Eviction Moratorium
Information about the order
Frequently asked questions about the CDC halt in evictions, Centers for Disease Control.
Forms
CDC declaration from tenant to landlord
Under the CDC’s order, each adult listed on the lease or rental agreement must provide a written notice to their landlord. This form is strongly recommended, but you don't have to use it. Any written document that you give to your landlord will comply with the Order, as long as it contains the same information as this CDC declaration form.
Notice to Quit attestation form and submission information, Executive Office of Housing and Economic Development.
During the COVID-19 state of emergency, landlords that issue a notice to quit for nonpayment of rent to a residential tenant, must also give the tenant, with the notice to quit, a completed form attesting (swearing) to certain facts.
Court forms for eviction
Court forms for use in Boston Municipal Court, District Court, and Housing Court.
Eviction statistical data
All Residential Eviction Cases, Non-Payment of Rent: View new cases filed, plaintiffs, and defendants.
All data is compiled from the Trial Court's case tracking system Masscourts. Dashboard is updated on a weekly basis. For the Boston Municipal and District Courts, cases filed include eviction cases based on grounds other than non-payment of rent. These cases are few and represent a small proportion of eviction cases overall.
| Last updated: | January 21, 2021 |
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