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Regulation

Regulation 400 CMR 6.00: Notices to Quit During the COVID-19 State of Emergency

Date: 12/31/2020
Regulatory Authority: Chapter 257 of the Acts of 2020
Official Version: Published by the Massachusetts Register

This is an unofficial version of Commonwealth regulations and is posted here for the convenience of the public. It is not an official statement of the regulations.

Table of Contents

Preamble

Chapter 257 of the Acts of 2020, An Act providing for eviction protections during the COVID-19 pandemic emergency (the “Act”), requires the Executive Office of Housing and Economic Development (EOHED) to promulgate emergency regulations as necessary to implement section 1 of the Act. Section 1 of the Act requires landlords to provide a form containing certain information related to residential tenant’s rights and available resources when giving a written notice to quit to a residential tenant for nonpayment of rent. The Act also requires EOHED to (1) develop the accompanying form that a landlord will provide when given a residential tenant a written notice to quit for nonpayment of rent; and (2) receive from landlords electronic copies of any such notices to quit.

6.01 Purpose and Scope.

The purpose of this emergency regulation is to comply with the mandates in section 1(c) of the Act, to ensure that certain provisions in section 1 of the Act are implemented consistently, and to otherwise advance the stated purposes of section 1 of the Act. These regulations shall apply to all tenancies under a lease, sublease, or written tenancy agreement.

6.02 Definitions.

All words and phrases defined in the Act shall have the meanings ascribed to them in the Act, and the following additional words and phrases shall have the meanings set forth below:

“Act” means chapter 257 of the Acts of 2020.

“NTQ Accompanying Form” means the form accompanying a notice to quit for nonpayment of rent that is provided by a landlord to a residential tenant pursuant to section 11 or section 12 chapter 186 of the General Laws, as required by subsection (a) of section 1 of the Act.

“EOHED” means the Executive Office of Housing and Economic Development.

“EOHED website” means the following URL: mass.gov/noticetoquit

“Landlord” or “Lessor” means the lessor under a lease or sublease for a residential tenant, and, for the purposes of any provision in these regulations related to the delivery of a notice to quit for nonpayment of rent to a tenant, shall include any management agent or other third party acting as agent for the landlord.

“Residential Tenant” means a tenant in possession of a residential house or building, or portion thereof, occupied as a home or residence of one or more persons, under a lease, sublease or written tenancy agreement.

6.03 Obligations of Landlord.

  1. In order to comply with subsection (a) of section 1 of the Act, landlords shall provide residential tenants a completed NTQ Accompanying Form along with any written notice to quit for nonpayment of rent pursuant to section 11 or section 12 of chapter 186 of the General Laws. Landlords shall only use the NTQ Accompanying Form found at the EOHED website (mass.gov/noticetoquit).  Landlords shall accurately complete the required attestations on the NTQ Accompanying Form and sign the form under pains and penalties of perjury where indicated. 
  2. If a landlord gives a written notice to quit for nonpayment of rent to a residential tenant pursuant to section 11 or section 12 of chapter 186 of the General Laws, the landlord shall submit an electronic copy of the notice to quit to EOHED, and other information as determined by EOHED, via the EOHED website (mass.gov/noticetoquit). Landlords shall enter complete and accurate information where prompted to do so prior to uploading the required documents.

6.04 Additional Guidance; Expiration.

  1. EOHED may from time to time issue additional guidance as necessary or helpful in the application, implementation, or interpretation of Section 1 of the Act or of this emergency regulation.
  2. This emergency regulation shall remain effective until the expiration or repeal of section 1 of the Act, or the termination of the state of emergency concerning the outbreak of COVID-19 as declared by the governor on March 10, 2020, whichever shall first occur.
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