Massachusetts Eviction Moratorium Lawsuit

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Massachusetts Eviction Moratorium Lawsuit

Michael Lamando
Member since 2020 · 7 posts · 17 votes

Here is a link to the lawsuit article:

https://bostonagentmagazine.com/2020/05/29/lawsuit-challenges-statewide-eviction-foreclosure-moratorium/

Thank God.

The blanket moratorium without care and detail leaves landlords holding the bag and provides no checks and balances for tenants to abuse and lie about their situations.

I think that the total lack of care, accountability and specifics when creating the eviction moratorium is gross negligence regardless of the state of the emergency. They could have at least gone back into session after the initial passage, and refined the terms of the moratorium and amended it.

For example, the tenant should be required to notify the government of their previous salary before they were laid off, and their new income under the unemployment benefits, and also the name/address of their landlord. 

The government should then analyze this, and notify the landlord of the income increase or decrease. Things should be discoverable out in the open and this will prevent abuse and deceit of tenants to their landlord.

Only the tenants that have truly suffered income loss should be protected under the eviction moratorium, and furthermore if the government really cared they should provide direct rent assistance to the tenant by paying the missing income amount to the landlord directly for the rent until the emergency is lifted and the tenant has found employment.

I think the government has no leg to stand on other than to say they were acting out of emergency. 

Just my opinion...

Here is a link to the docket:
https://www.ma-appellatecourts.org/docket/SJ-2020-0442







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Patrick M.
Rental Property Investor · Red Bank, NJ · Member since 2017 · 1k+ posts · 1k+ votes
6y

Here in NJ it is set to expire 2 months after the crisis is over. 

Given that the states are now talking about "Phased" opening and incremental relaxations someone needs to tell us when the crisis will officially be over?

Litigation is a matter of last resort, but there has been no attempt to discuss the effects of these orders nor any attempt to open a dialogue with landlords. What they have done is seized upon the public's dislike of landlords and fanned the fires of discontent.

Someone needs to force them to the table, and in this case the only way to do that is through the courts, regardless of whether they can hear cases next week or not- they need to know that it is not OK.

In the last 20 years we have gotten way to comfortable in this country with law by executive fiat.

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  • Bjorn AhlbladPro Member
    Investor · Shelton, WA · Member since 2017 · 6k+ posts · 6k+ votes
    6y

    Others need to follow suit. Government getting out of hand trying to turn us into a permissive nanny state!

    3Reply
  • Colleen F.Pro Member
    Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
    6y

    @Michael Lamando  while I agree they should do something, in particular, to address tenants who are abusing the moratorium and could pay rent I don't think the state could manage any new reporting requirements. They can't even manage the old systems.  I have notified Massachusetts 3 times that someone filed for unemployment in my name and they have not provided a confirmation or callback. They don't answer the phone either.   I do wonder where this lawsuit will go.  I was thinking earlier they should have a version of triple damages for tenants who abuse the moratorium and are still working but not paying rent. 

    2Reply
  • Patrick M.
    Rental Property Investor · Red Bank, NJ · Member since 2017 · 1k+ posts · 1k+ votes
    6y

    Here in NJ it is set to expire 2 months after the crisis is over. 

    Given that the states are now talking about "Phased" opening and incremental relaxations someone needs to tell us when the crisis will officially be over?

    Litigation is a matter of last resort, but there has been no attempt to discuss the effects of these orders nor any attempt to open a dialogue with landlords. What they have done is seized upon the public's dislike of landlords and fanned the fires of discontent.

    Someone needs to force them to the table, and in this case the only way to do that is through the courts, regardless of whether they can hear cases next week or not- they need to know that it is not OK.

    In the last 20 years we have gotten way to comfortable in this country with law by executive fiat.

    4Reply
  • Michael Lamando
    OP
    Member since 2020 · 7 posts · 17 votes
    6y

    @Colleen F. I agree they are pitiful. They need to at least put warning language into the law to deter abuse, and the media needs to mention this when they publish news and commentary about it. Something like, tenants will be on the hook for owed funds to the landlord when they are evicted if they have received ample unemployment and stimulus to have paid the rent.

    0Reply
  • Colleen F.Pro Member
    Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
    6y

    @Michael Lamando  My tenants have been good but I even heard of employed tenants not paying because of the protections. Abuses hurt us all in the long run.   Initially legislation may have been rushed but there haven't been corrections. I don't think eviction during this time would have worked because of the contact involved. However,  Sanctions against abusers and some pathway toward expedited evictions for those abusers at least on the paper side would help. Not sure if this case will go anywhere since it is Massachusetts but it should be interesting to watch. 

    0Reply
  • Jesse M.
    NJ, NJ · Member since 2014 · 63 posts · 88 votes
    6y

    Similar suit in NY now too thank goodness some groups are standing up to this if they have the resources to do so.

    https://therealdeal.com/2020/0...

    Patrick M i'm worried about the same considering Murphy just announced even outdoor dining is 2 weeks away....full opening could be months away at this pace which means evictions prob not starting till September / October timeframe.  Its unbelievable.  Plain robbery....theres gotta be consequences

    1Reply
  • Patrick M.
    Rental Property Investor · Red Bank, NJ · Member since 2017 · 1k+ posts · 1k+ votes
    6y

    @Jesse M. The bottom line, and you and I know it, is that even if allowed to proceed- no judge is going to set a removal date. 

    But let us have our day in court! 

    I am saddened by the leverage deadbeats have gained in this crisis. They are thumbing their nose at landlords and capitalizing on he cash-out removal that the government is forcing landlords to take.

    But as we are seeing- lawlessness does not stay contained to one sector. If you say that it is ok to break legal and social norms it gets contagious.

    (I speak for my brethren. Me being at 100% with great tenants.)

    2Reply
  • Aleejandro Dela Vega
    Investor · Las Vegas, NV · Member since 2015 · 71 posts · 38 votes
    6y

    @Michael Lamando

    I agree, it’s an absolute joke what is going on. They definitely rushed this moratorium without thinking of any consequences. It did make me realize however how easy targets landlords are. Any and all rules in the moratorium benefit solely the tenants. And what’s more frustrating is that recently the media is painting us in a negative light, regardless of how much we’re willing to help.

    3Reply
  • Ricardo P.
    LakeWood , CA · Member since 2018 · 268 posts · 331 votes
    6y

    We need one here in California

    Who’s starting one here? 

    3Reply
  • Aleejandro Dela Vega
    Investor · Las Vegas, NV · Member since 2015 · 71 posts · 38 votes
    6y

    @Ricardo P.

    They have already started in three cities in California. Two of the cities backed up but one, Costa Mesa, upheld. Here is the link:

    https://www.google.com/amp/s/www.ocregister.com/2020/05/13/landlords-threaten-to-sue-cities-over-coronavirus-eviction-bans/amp/

    I just spoke with an attorney today and without a landlord advocacy group, it’s a bit dicey. It is a move that would more then likely make headlines and your name might be mentioned in the newspaper article. The attorney agreed that it is definitely a taking by the government and you should be able to win.

    Over here in Nevada, the moratorium expires at the end of this month. I’m hoping that that will be the end of it, if not then I will try to get together with a group of landlords and file a class action suit.

    The current situation is definitely very frustrating. I will sell at least two houses because of this problem. I don’t want to be too exposed to real estate (I currently have 10 houses), especially if we get a second round and another quarantine.

    

    1Reply
  • Ricardo P.
    LakeWood , CA · Member since 2018 · 268 posts · 331 votes
    6y

    @Aleejandro Dela Vega I don’t think it’s the city we have to worry about because here in Los Angeles to be exact we have an eviction moratorium with the judicial council. The city’s eviction moratorium ends this month too. Courts open up next week,  I guess as of right now it’s a waiting game

    0Reply
  • David To
    Newport Coast, CA · Member since 2014 · 95 posts · 73 votes
    6y

    I thought California's eviction moratorium has been extended to July 28, 2020? 

    This totally sucks for me since I have a tenant that isn't complying with payments.

    So far, they owe me a month's worth of payment and since the tenant just got divorced and has been unemployed for several months, will be missing this month's payment as well. What I'm pissed is that in California, if you apply for unemployment, you are actually getting $4,000 per month, more than enough to pay the rent but this stubborn tenant refuses to pay. 

    That's what unemployment is for, to pay the bills. Also, refuses to show bank statements, etc. So some people are totally abusing the system since they have the money to pay but are not complying. I'm having my property manager file an eviction right away at the end of July, unless the stupid governor extends the moratorium. 

    1Reply
  • James Hamling
    Real Estate Broker · Minneapolis, MN · Member since 2011 · 5k+ posts · 6k+ votes
    6y

    While we have variance in things there seems to be universal agreeance that we need address of our grievances, across the nation in every state, county and city. 

    We need class action lawsuits, in every of the 50 states. We need some kind of Landlords Union, it's the only way we will get it done and have the protections we need. It is looooong overdue. I am not a big union person but fact is going it alone isn't working out to well, we were the sacrificial lambs without even a second thought, they didn't even attempt to put any care or thought into the moratoriums for our side and abuse of such. I would gladly pay a monthly due for such a group, hiring a legion of lawyers and lobbyists to get stuff done in our favor for once. 

    If they had 1 ounce of respect for landlords, they would have made a moratorium option for the eviction courts, made it a tool judges could use if the conditions of the case meet such, pow, done and easy. No, instead across the board they bound our hands for an undetermined time, one still not known or on the horizon anywhere. And clearly people are a-ok to protest in mass, no idea why it's too "dangerous" to be evicted due to covid but gather in thousands is fine. 

    So hope others jump on the lawsuits, we need it in mass. 

    3Reply
  • David To
    Newport Coast, CA · Member since 2014 · 95 posts · 73 votes
    6y

    James, I agree. Lets get a landlord union together and file a lawsuit to all the governors of all the states. I'm willing to put in a monthly due as well. We should try and get as many landlords together and make this happen so we don't get screwed again next time.

    1Reply
  • David To
    Newport Coast, CA · Member since 2014 · 95 posts · 73 votes
    6y

    It'll be like paying for insurance (no difference then home insurance, car insurance, health insurance). We need landlord insurance.

    0Reply
  • Ricardo P.
    LakeWood , CA · Member since 2018 · 268 posts · 331 votes
    6y

    @David To in California it’s bad. The judicial council has its on moratorium. Their moratorium ends 90days after the governor ends the state of emergency. Even if the states moratorium expires we have to wait for the judicial council. So we need a lawsuit ASAP 

    0Reply
  • Mary M.
    Rental Property Investor · Portland OR · Member since 2018 · 2k+ posts · 3k+ votes
    6y

    You guys know there are powerful landlord lobby groups, dont you?  

    0Reply
  • Aleejandro Dela Vega
    Investor · Las Vegas, NV · Member since 2015 · 71 posts · 38 votes
    6y

    @Mary Mitchell If they were that powerful, I’m sure they would have been all over the fact that the moratorium is unconstitutional and would have been active in either, gathering petitions, getting landlords to file a class action lawsuits or at the very least lobbying to put and end to this.

    Am I missing something?

    1Reply
  • Wesley W.
    Rental Property Investor · The Vampire State · Member since 2013 · 2k+ posts · 2k+ votes
    6y

    @Mary M.  so where are these "powerful landlord lobby groups" hiding? And what "wins" can they boast over?

    You must be talking about your area, because in NY there are indeed landlord lobbyists, but one need only read the statutes being implemented here to know how "powerful" they are.

    0Reply
  • David To
    Newport Coast, CA · Member since 2014 · 95 posts · 73 votes
    6y

    I wonder, what is better to do? With California's judicial council law, you have to wait another 90 days after the governor lifts the eviction moratorium (that means July 28, 2020 plus 90 days afterwards so we are looking at October 28, 2020). That's a potential of 5 - 6 months where the tenant doesn't have to pay me a single dime and will be squatting in my house for free. Not to mention any damages to the property I will have to suffer as well. 

    What's the chance of me getting the rent back-pay owned to me? The tenant can simply delay and move out or get evicted in November and it could end up in small claims court if I want to get any money back. Should I gamble on this or look into how to file a class action lawsuit against California's Judicial Council? 

    Let me know your thoughts.

    0Reply
  • Ricardo P.
    LakeWood , CA · Member since 2018 · 268 posts · 331 votes
    6y

    @David To no sir, it’s far much worse than October 28. July 28 is when California is supposed to lift its eviction Moratorium. The Judicial Council in California has its own moratorium which expires 90days AFTER THE GOVERNOR LIFTS THE STATE OF EMERGENCY. The Emergency could be lifted in January of 2021 or maybe tomorrow who knows. I think the best thing to do is file a lawsuit against the judicial Council 

    0Reply
  • Mary M.
    Rental Property Investor · Portland OR · Member since 2018 · 2k+ posts · 3k+ votes
    6y

    They are lobbying, of course.  They do their best to promote your businesses side of things, but i am guessing, like so many things, lobbyists can only do so much when public sentiment is strong like it is for anti landlord sentiment. I would suggest joing your local groups and even the national ones your money would be appreciated I am sure. 

    1Reply
  • Aleejandro Dela Vega
    Investor · Las Vegas, NV · Member since 2015 · 71 posts · 38 votes
    6y

    @Michael Lamando

    I just came across this article. It looks like landlords are starting to win in court and should have no issues due to the moratorium being unconstitutional. It’s about time that some are starting to take a stand.

     https://www.google.com/amp/s/amp.cincinnati.com/amp/3144939001

    0Reply
  • Greg M.
    Rental Property Investor · Los Angeles, CA · Member since 2017 · 2k+ posts · 5k+ votes
    6y
    Originally posted by @Aleejandro Dela Vega:

    I just came across this article. It looks like landlords are starting to win in court and should have no issues due to the moratorium being unconstitutional. It’s about time that some are starting to take a stand.

     https://www.google.com/amp/s/amp.cincinnati.com/amp/3144939001

    Sorry, but this is meaningless. The damage is done. The government got what it wanted. Maybe it didn't get it for as long as it wanted, but they still got it. 

    California's governments do this crap all the time. Institute something that their own attorneys tell them is unconstitutional and spread their crap until a court tells them to stop. By the time this has happened they've oppressed people they don't like and set a mindset in others that something is illegal, even if it is not. 

    There is never any consequences to the people implementing the crap. 

    1Reply
  • Aleejandro Dela Vega
    Investor · Las Vegas, NV · Member since 2015 · 71 posts · 38 votes
    6y

    @Greg M. Very frustrating indeed. I’m in Nevada and our governor seems to be going in the same direction as yours. I was shocked to see DeSantis extend another month in FL.

    These moves have a strong chance to turn off a good number of landlords and send them to states with a more favorable environment IMO.

    0Reply
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