Homelessness and Housing Insecurity

  • This legislative bill proposes amendments to Section 51 of Chapter 93 of the General Laws, focusing on the usage of consumer reports in tenant screening processes, specifically safeguarding tenants or applicants with government rent subsidies. The key provisions include prohibiting landlords from using or requesting consumer reports for applicants with such subsidies and ensuring that tenants are not asked about their creditworthiness in these cases. Exceptions are acknowledged where consumer report use is mandated by federal or state laws. For situations where consumer reports are permissible, landlords must adhere to certain procedures: they must obtain the applicant’s or tenant’s written consent, clearly disclose the reasons for requesting the report, and ensure any associated costs are not passed on to the tenant. If landlords intend to take adverse actions based on these reports, they are required to provide at least 14 days' notice, supply a copy of the report, and give the tenant an opportunity to dispute the report's contents. Dispute resolutions must be considered before proceeding with any adverse actions against the tenant. The bill includes protective clauses to safeguard renters against retaliation or discrimination for exercising their rights, declaring any waiver of these rights by tenants as invalid. Violations of these regulations are categorized as unfair practices under Chapter 93A. The bill is scheduled to take effect 90 days post-enactment.

  • The Massachusetts Foreclosure Prevention Program is established to assist homeowners in avoiding foreclosure through supervised conferences, ensuring negotiations between creditors and borrowers regarding foreclosure alternatives. Targeting loans secured by the borrower's primary residence, the program mandates procedural steps for foreclosure prevention, including notices of intent, appointment of conference monitors, and stringent communication and documentation protocols among stakeholders. Conferences culminate in a Conference Report, and foreclosures can only proceed with a Certificate of Compliance, contingent on a creditor’s good-faith efforts to negotiate. Judicial enforcement provisions allow sanctions against non-compliant creditors, including interest tolling, penalties, or dismissal of foreclosure actions. The program is funded by the Foreclosure Prevention Fund, supported by creditor fees to cover administrative costs such as conference monitors and outreach initiatives. Participation in the program does not affect existing or future legal claims related to the loan. The program applies to foreclosures initiated 60 days post-enactment, aligning with state and federal foreclosure mitigation standards.

  • This proposed legislation in Massachusetts introduces a comprehensive approach to assisting low-income households with cooling needs and protecting them from utility shutoffs due to financial hardship. The bill establishes a Low-Income Cooling Assistance Program through the Department of Housing and Community Development. Eligible households, those with incomes not exceeding 60% of the state median income, can receive up to $500 for purchasing and installing air conditioning units, ceiling fans, or box fans, as well as contributing towards electric bills related to cooling. The program requires a minimum allocation of 10% of the Low Income Home Energy Assistance Program's funds specifically for cooling assistance, with a focus on prioritizing underserved communities throughout the state. To ensure accountability and transparency, an annual report outlining the program's activities and expenses must be submitted to pertinent legislative bodies. Additionally, the bill revises existing laws to prevent utility companies from disconnecting gas or electricity services for residential customers experiencing financial hardship and unable to pay overdue charges. The Department is tasked with developing the necessary regulations to enforce these protections, ensuring that individuals in economic distress retain access to essential utilities.

  • This bill seeks to address the housing needs of formerly incarcerated individuals and those nearing release from correctional facilities. It proposes the establishment of a reentry program, in collaboration with the Department of Correction, the Office of Probation, and the Parole Board, aimed at assisting these individuals in securing stable housing. Key components of the program include evaluating available housing options, offering financial assistance such as housing vouchers, and partnering with local community organizations. The bill also requires the development of outcome-based metrics to gauge the program's success and mandates an annual review and report outlining its effectiveness, including demographic data and adherence to state funding guidelines. Additionally, the bill stipulates that any state-funded or regulated housing development or affordable housing project must prioritize providing housing to currently and formerly incarcerated persons. This priority also influences the distribution of tax credits and emergency housing vouchers as part of the American Rescue Plan Act of 2021. Overall, the bill aims to create sustainable housing solutions and facilitate successful community reintegration for individuals who have been incarcerated.

  • The Massachusetts Foreclosure Mediation Program, as established by the bill, is designed to facilitate mediation between homeowners facing foreclosure and their lenders with the aim of exploring alternatives to foreclosure. Under this program, mortgagees are required to notify the program of any impending foreclosures, thereby giving homeowners the opportunity to request mediation. A neutral mediator will lead the sessions where options such as loan reinstatement, loan modification, interest rate reductions, or short sales can be discussed to avert foreclosure.

    Key features of the program include:

    § Good Faith Participation: Both the homeowner and the creditor must participate in the mediation process in good faith and consider all commercially reasonable alternatives to foreclosure before proceeding with foreclosure actions.

    § Documentation Requirements: Creditors are required to provide specific documentation proving loan ownership and financial analyses to ensure transparency and accountability.

    § Outcome of Mediation: If no agreement is reached through mediation, it must be confirmed by the mediator that both parties made good faith efforts. Only then can foreclosure proceedings continue.

    § Cost Structure: The costs associated with running the mediation program are shared by both parties, and language in the bill prevents these costs from being transferred to the homeowner.

    § Confidentiality and Reporting: The mediation process is confidential, protecting the privacy of those involved. The program manager is responsible for compiling reports on mediation outcomes and collecting data for evaluation purposes by the state.

    The overarching goal is to provide a structured and fair opportunity for homeowners and creditors to find mutually agreeable solutions that can prevent the need for foreclosure, thereby stabilizing communities and assisting homeowners facing financial difficulties.