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Eviction Prevention
NOTICE: The City of Malden's Moratorium on Eviction Enforcement is still in effect. The moratorium delays the enforcement of most evictions during the COVID-19 pandemic. The order applies to evictions due to nonpayment of rent and to no-cause evictions. Evictions deemed necessary for public health or safety are permitted under the executive order, and renters are still obligated to continue to pay their rent. Any changes to the status of the City's eviction moratorium will be posted here. Additionally, the federal CDC eviction moratorium has been extended through July 31, 2021. (Last updated: June 29, 2021.)
The City of Malden and the Malden Redevelopment Authority (MRA) are committed to stabilizing the Malden community and preventing eviction whenever possible. The City and MRA have launched an eviction prevention program to provide court-based legal assistance, mediation, and rental assistance for Malden households who are facing eviction. The City and MRA have also published resources for tenants and landlords which may be useful in preventing and responding to evictions.
Households facing eviction in the Northeast Housing Court should contact Housing Families, Inc. at info@housingfamilies.org or 781-322-9119 ext. 8. If you are not sure what court your case will be in, contact Housing Families, Inc.
Households facing eviction in Malden District Court should contact Just-A-Start Corporation at contact@justastart.org or 617-494-0444.
The Eviction Prevention Program is designed to slow the spread of COVID-19 by preventing eviction and promoting housing stability among eligible Malden households. Eligible households are Malden renter households earning no more than 80% of the Area Median Income (AMI) who are facing eviction. The program uses Community Development Block Grant funds secured through the federal CARES Act to provide court-based mediation or legal advocacy services, and to provide rental assistance to those same households.
The MRA, which administers the Eviction Prevention Program, has partnered with two local nonprofits to provide services in the two courts that receive eviction cases from Malden. Housing Families, Inc. will provide legal aid and rental assistance in the Northeast Housing Court and Just-A-Start Corporation will provide mediation and rental assistance in Malden District Court. Each nonprofit’s program is funded with $250,000 in Community Development Block Grant funds secured through the federal CARES Act. Both nonprofits have extensive experience providing court-based eviction prevention services to the Malden community.
The MRA anticipates a large number of eviction filings due to COVID-19 without public intervention. The CDC has extended its national eviction moratorium through June 30, 2021, but that moratorium may not protect all residents in all cases. The City of Malden issued its own executive order that places a moratorium on eviction enforcement, which is in effect until the public health emergency is over or the executive order is lifted. This order does not prevent a landlord from filing against a tenant in court, but does prevent an eviction order from being carried out in most cases. In every case, tenants worried about eviction should contact Housing Families, Inc. or Just-A-Start Corp. to seek information and assistance that is most relevant to their specific case.
The Eviction Prevent Program aims to provide every eligible Malden renter facing eviction with the support and resources they need to maintain their housing during the COVID-19 pandemic. The program is funded with $500,000 in CDBG-CV funds, split between Housing Families, Inc. in the Northeast Housing Court and Just-A-Start Corporation in Malden District Court. The MRA anticipates that more funds may be needed in order to serve each Malden household facing eviction, and will work to secure additional funds for that purpose.
Program Administration
Housing Families, Inc. and Just-A-Start Corporation were chosen as program partners through an open selection process. The program commenced on November 23, 2020.
In December 2020, the City partnered with Housing Families, Inc. to run an additional short-run rental assistance program using funds received through the Mass. Department of Administration and Finance using federal Coronavirus Relief Fund - Municipal Program (CvRF-MP) resources. That rental assistance program has concluded, but the City and MRA continue to seek out additional funds for future rental assistance programs.
Questions about program administration should be directed to Community Development Director Alex Pratt at apratt@maldenredevelopment.com.
There are many resources available to tenants who have received an eviction notice or those who are behind on their rent and are afraid of being evicted.
Only a judge can evict you. Your landlord must have court approval before an eviction can be carried out (“executed”), which can only happen after a trial. You have the right to stay in your apartment until a court orders you to leave after a trial. Even after you receive an eviction order from a judge, you may still be able to stay in your home due to Malden's eviction enforcement moratorium and/ or the federal eviction moratorium from the CDC.
Evictions are complicated legal issues. If you are worried about being evicted, or if your landlord has begun the process of evicting you (usually with a “Notice to Quit”), seek help immediately. The City of Malden has partnered with Housing Families, Inc. and Just-A-Start Corporation to provide you with legal aid, mediation, and rental assistance at no cost to you.
If you are a Malden resident, your case could be filed in either Malden District Court (which is temporarily located in Medford), or the Northeast Housing Court.
Evictions are devastating for individuals, families, and communities. The City of Malden and the Malden Redevelopment Authority (MRA) is working hard to prevent evictions.
Only A Judge Can Evict Tenants
Tenants cannot be evicted and forced to move out of their homes without a written court order. It is unlawful to threaten, intimidate, or coerce a tenant to get them to leave the property, including by changing their locks, shutting off their utilities, interfering with their use of the unit, or by threatening to report them to immigration authorities. This protection applies to all tenants, whether they have a lease, a sublease, or no lease at all. Tenants who have experienced a “self-help” [out-of-court] eviction or those whose landlord has threatened to forcibly remove them, should call the Attorney General’s Office at 617-727-8400. (Note: This information has been provided by the Mass. Attorney General's Office.)
Rental Assistance and Eviction Prevention
A new state law protects tenants from being evicted while a rental assistance application is pending. Specifically, the court cannot "enter a judgement" against a tenant or "issue an execution" before the tenant's financial assistance application has been approved or denied. This applies to rental assistance applications at the state and local level.
State law protects tenants who rely on temporary or emergency rental assistance like RAFT or ERMA from being discriminated against by their landlord. In some circumstances, a landlord who refuses to accept RAFT or ERMA benefits or complete their portion of the application may be in violation of state law. (Note: This information has been provided by the Mass. Attorney General's Office.)
Local Eviction Enforcement Moratorium in Malden
Effective December 21, 2020, the City of Malden has issued an eviction enforcement moratorium that will prevent eviction orders from being executed in most cases until the end of the public health crisis. This order applies to eviction cases filed for nonpayment of rent or without cause, and has exceptions in place for evictions necessary for public health or safety reasons. If you have questions about the eviction enforcement moratorium and how it applies to your case, contact Housing Families, Inc.
CDC Eviction Moratorium
The Centers for Disease Control and Prevention (CDC) issued an eviction moratorium that is in effect until July 31, 2021. The CDC eviction moratorium does not offer the same protections as the Massachusetts eviction moratorium, but it may be useful in helping keep people housed. The CDC moratorium prohibits evictions for nonpayment of rent when nonpayment is due to loss of income or extraordinary medical expenses related to COVID-19. To be eligible for protection under the CDC moratorium, you must:
- Make less than $99,000, or $198,000 per year if filing jointly;
- Be unable to make full rent due to financial hardship or extraordinary medical expenses related to COVID-19;
- Be making an effort to make partial rent payments, even if very minimal;
- Make best efforts to apply to all state or local rental assistance programs (see "Services for Tenants" below);
- Be at risk of homelessness or having to "double up" in cramped, close quarters; and
- Sign a declaration to the above and give it to your landlord.
Tenants can complete this questionnaire to determine whether or not they meet the above criteria. Once tenants complete the questionnaire and if they do meet the criteria, a letter to the tenant's landlord and a signed CDC declaration will be generated. Then, the tenants should provide a copy of these documents to their landlord and retain a copy for their records. Each adult in the household must complete a CDC declaration.
The CDC moratorium does not prevent landlords from bringing an eviction case against tenants, but it does prevent landlords from "levying upon the execution", which means they will not be able to obtain the order from the court that would allow a Sheriff or a constable to physically remove tenants from their homes.
If you are facing eviction, contact a lawyer or the court and ask them about the CDC eviction moratorium.
This webpage is a resource for Malden households facing eviction. It does not constitute legal advice.
Services for Tenants
Housing Families, Inc.
Phone: (781) 322-9119 x8
Housing Families is a Malden-based nonprofit serving both individuals and families experiencing a housing crisis. Housing Families offers pro bono (no cost) legal aid and rental assistance, and works in Housing Court, District Court, and before a case goes to court. Housing Families is partnering with the City of Malden to provide services to Malden residents facing eviction in the Northeast Housing Court, and has received $250,000 in funding for these services.
Just-A-Start Corp.
Phone: 617-494-0444
Just-A-Start provides mediation services, including in Malden District Court, to help landlords and tenants find a solution that prevents eviction. Just-A-Start also has limited funds for rental assistance in these eviction cases. If you are a tenant facing eviction in need of mediation services with your landlord, please contact Just-A-Start at 617-494-0444. Just-A-Start has partnered with the City of Malden to provide services to Malden residents facing eviction in the District Court, and has received $250,000 in funding for these services.
Greater Boston Legal Services (GBLS)
Phone: 617-371-1234
GBLS provides legal services to low-income Massachusetts residents. GBLS has also published a Self-Guided Eviction Help tool, available in English, Spanish, Vietnamese, Portuguese, simplified Chinese, and Haitian Creole. This free tool from GBLS helps tenants respond to eviction cases correctly. This can be helpful if the tenant is unable to get in contact with a lawyer.
Action for Boston Community Development (ABCD)
Phone: (617) 348-6347, option 2
ABCD provides a wide range of services, including rental assistance and assistance in applying for unemployment, MassHealth, and other programs. Malden residents seeking rental assistance should call (617) 348-6347 and press option 2.
Volunteer Lawyers Project (VLP)
Phone: 617-603-1700
The Volunteer Lawyers Project provides legal information and advice to low-income individuals and families, including people facing eviction. Tenants can request legal assistance online or by calling the hotline number shown above.
More Information for Tenants
City Life/ Vida Urbana
Phone: (617) 934-5006. For Spanish: (617) 397-3773
City Life/ Vida Urbana has an eviction prevention hotline for people facing eviction during COVID-19. For English, dial (617) 934-5006. For Spanish, dial (617) 397-3773.
Mass Legal Help
This site provides forms to fill out for eviction cases, information about the eviction process and tenant rights, and COVID-19 related updates.
Mass. Court System Response to COVID-19
This page contains a lot of information regarding the court system, including both the Housing Court and District Court. There is also some court-specific information from the Northeast Housing Court and the Malden District Court.
CDC Moratorium Toolkit from Suffolk LIT Lab
The CDC has issued an order pausing evictions for some tenants unable to make rental payments due to hardships caused by COVID-19. Suffolk Law School’s Legal Innovation & Technology Lab (LIT) has created a tool to use to see if the CDC moratorium can help you.
Mass.gov COVID-19 Resources for Renters, Homeowners, and Landlords
Phone: 2-1-1
This page is the state government's information hub for assistance for renters, homeowners, and landlords affected by COVID-19. The page includes information on rental assistance programs, eligibility, and other resources.
Several landlords have contacted the City asking for rental assistance for their tenants. The City appreciates the role of landlords in preventing eviction and stabilizing our community.
To do so, landlords should attempt to connect their tenants with rental assistance before filing an eviction. Rental assistance is available through many programs, including those listed below. Some tenants may need help applying for rental assistance. The City recommends that landlords connect their tenants with one of the organizations below, which can help guide the tenant through the rental assistance application process. Landlords should stay in contact with the organization and the tenant throughout the process, and be prepared to provide documentation to help complete the application (such as the landlord’s W-9), and being in touch with the organization and your tenant throughout the application process. Please note that some programs may take several weeks to process an application through no fault of the tenant, so beginning the process earlier is important. Organizations administering rental assistance directly may be more expeditious than the state RAFT program.
If it becomes necessary to file an eviction case against your tenant, the City strongly encourages filings be made in the Northeast Housing Court, not Malden District Court. The Housing Court has specialists who are trained specifically in housing legal issues, and who can help tenants apply for rental assistance funds. District Court staff are not equipped to provide the same level of housing-specific services.
Some landlords may be eligible for federal funding to subsidize their units, allowing low- and moderate-income tenants to continue living in your building at affordable rents. These funds can be used to rehabilitate your building or make other improvements so long as they are used to create or preserve affordability. If you are interested in converting your property into affordable housing, please contact the MRA’s Community Development Director Alex Pratt at apratt@maldenredevelopment.com or 781-324-5720 x5728.
This webpage is a resource for Malden landlords working to prevent eviction. It does not constitute legal advice.
Landlord Responsibilities with Rental Assistance and Evictions
Most, if not all, rental assistance programs require landlord participation in order to provide assistance to the tenant. In some cases, landlords are unwilling to participate, or are not responsive to requests for information, such as a W-9, rent ledger, or lease.
The Attorney General's Office has stated clearly that:
Tenants cannot be evicted while a rental assistance application is pending. Specifically, the court cannot “enter a judgment” against a tenant or “issue an execution” before the tenant’s financial assistance application has been approved or denied.
State law protects tenants who rely on temporary or emergency rental assistance like RAFT or ERMA from being discriminated against by their landlord. In some circumstances, a landlord who refuses to accept RAFT or ERMA benefits or complete their portion of the application may be in violation of state law. [Note: This also applies to local rental assistance programs.
Landlords who own less than 20 units of housing may apply directly for RAFT/ERMA on behalf of their tenants. They should, however, coordinate with their tenant before applying and they must obtain and submit a signed consent form from the tenant in order to apply. If a tenant has already applied to RAFT/ERMA, the landlord can help expedite the review process of the application by providing requested documentation, including a copy of the lease or a summary of the amount the tenant owes.
The following organizations can work with you and your tenants to access rental assistance funds to cover rent costs and rent arrears.
Resources for Landlords
Housing Families, Inc. (781) 322-9119 x8
Housing Families is a Malden-based nonprofit serving both individuals and families experiencing a housing crisis. Housing Families offers pro bono (no cost) legal aid and rental assistance, and works in Housing Court, District Court, and the community. Landlords should leave a detailed message explaining the situation at the number above, or email Jayna Stafford at jstafford@housingfamilies.org. Housing Families has experience working with both landlords and tenants to prevent eviction. As of writing, Housing Families also has direct rental assistance funds that may be available sooner than state-administered RAFT funds.
Just-A-Start Corp. 617-494-0444
Just-A-Start provides mediation services, including in Malden District Court, to help landlords and tenants find a solution that prevents eviction. Just-A-Start also has limited funds for rental assistance in some cases. If you need help mediating with your tenant and helping them access rental assistance resources, please contact Just-A-Start at 617-494-0444.
Action for Boston Community Development (ABCD) (617) 348-6347, option 2
ABCD provides a wide range of services, including rental assistance and assistance in applying for unemployment, MassHealth, and other programs. Landlords can call (617) 348-6347 and press option 2 to be connected to ABCD’s rental assistance program. Please inform them that you are trying to help your tenant access rental assistance in order to prevent eviction.
State’s Rental Assistance for Families in Transition (RAFT) Program
The state Department of Housing and Community Development (DHCD) administers the RAFT program, which has recently received additional funds and flexibilities due to COVID-19. The organizations listed above can help you and your tenant apply for RAFT funds.
Mass.gov COVID-19 Resources for Renters, Homeowners, and Landlords
Phone: 2-1-1
This page is the state government's information hub for assistance for renters, homeowners, and landlords affected by COVID-19. The page includes information on rental assistance programs, eligibility, and other resources.
U.S. Department of Housing and Urban Development (HUD) Tools for Landlords with Tenants Impacted by COVID-19
This document provides guidance for landlords with tenants impacted by COVID-19, including information on fair housing laws, how to establish repayment plans, and how to avoid engaging in discriminatory behavior when asking a tenant to document their inability to pay rent.