Governor Baker Signs Emergency Moratorium on Evictions and Foreclosures

On April 20, 2020, Governor Baker signed into law Chapter 65 of the Acts of 2020 entitled “An Act Providing for a Moratorium on Evictions and Foreclosures During the COVID-19 Emergency.”  The intent of this legislation is to ensure tenants and homeowners are not evicted during this unprecedented period of time when residents in the Commonwealth should be practicing strict social distancing.  

In summary, the legislation accomplishes the following:

1. It imposes a moratorium on the ability of a property owner or lender to enforce rent or mortgage obligations;
2. Landlords will be unable to initiate and/or prosecute eviction proceedings, or execute any orders issued related thereto;
3. Lending institutions/mortgagors will be unable to initiate and/or prosecute foreclosure proceedings, or execute any orders related thereto;
4. It is NOT a rent or mortgage holiday.  If you are able to pay rent or make payments on your mortgage, you remain obligated to do so; and
5. Once the COVID-19 emergency is declared over, anyone who was unable to make payments due to COVID-19 will be required to make all payments or face the traditional liability for eviction or foreclosure.

The moratorium will be in place for 120 days or until 45 days after the end of the declared COVID-19 emergency, whichever is sooner. In the event the COVID-19 emergency remains in effect, the Governor can extend the moratorium in increments of up to 90 days.