LSC Housing Clinic Offers Testimony in Support of Massachusetts Bill to Seal Eviction Records

On April 1, LSC’s Housing Clinic submitted testimony to the Massachusetts Legislature in support of H 4505, an act Promoting Housing Opportunity and Mobility through Eviction Sealing. Referred to as the HOMES Act, the bill would “protect tenants from being unfairly marked with an eviction record by establishing a process for tenants to petition the court to seal an eviction record on a case-by-case basis.” It was reported favorably out of both the House Judiciary Committee and the House Committee on Steering and Policy, and supporters hope it will be brought to the House floor for a vote soon. The bill has significant support in the State House, with over 60 co-sponsors in the House and 21 in the Senate. The bill passed the House and Senate last session, but was vetoed by Governor Baker. Supporters hope to pass the bill this session with enough support to override the governor’s veto.

In their testimony, Alex Ramsey, a student attorney at LSC, and Julia Devanthéry, a clinical instructor in the Housing Clinic and director of the Housing Justice for Survivors Project, outlined the urgent need for the bill’s passage, noting that Massachusetts is the third most expensive state for renters, and that between 2010-2019, landlords filed eviction cases against over 100 families per week, with the vast majority of those cases stemming from non-payment of rent. Ramsey and Devanthéry described the “devastating and often lifelong consequences that flow from eviction,” including impacts on finances, mental and physical health, and—critically—future housing opportunities. This is true even in cases that are settled or dismissed. Eviction cases hit vulnerable communities particularly hard, with 78% of eviction cases filed during the COVID-19 pandemic targeting communities of color. By allowing eviction cases to be sealed in certain circumstances, the HOMES Act would allow renters to live free of the “Scarlet E” on their record and remove a crucial barrier for displaced families seeking new housing.

The Legal Services Center is one of dozens of Massachusetts organizations advocating for passage of H 4505. To learn more about the bill and the coalition working to pass the HOMES Act, visit passthehomesact.org.

From the Pass the HOMES Act Coalition: Action Needed – Contact Your Representative

Please contact your Representative today. Ask them to pass H. 4505 out of the House and onto the Senate. Remind your Rep. that H. 4505 is similar to the bill that both the House and the Senate passed last session, which the Governor vetoed. We need to get this to the Governor’s desk again but with even more support from Representatives and Senators.

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