Mass. Gen. Laws ch. 221, sec. 17 — MA Code / Part III / Title I / Chapter 221 / Section 17
Eviction; government shutdown
Status: in_force

[ Text of section added by 2025, 73, Sec. 54 effective November 25, 2025.] Section 17. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings: "Federal government shutdown'', any period in which all non-essential federal government functions cease as a result of a failure to enact a regular appropriations bill or continuing resolution. "Impacted federal worker'', a resident of the commonwealth who, as a result of a federal government shutdown, is furloughed or excepted pursuant to 31 U.S.C. § 1342 or any other federal law requiring the person to continue to work without pay during a federal government shutdown, including, but not limited to, service members or employees of the active-duty military, national guard and reserve components. "Non-essential eviction'', an eviction of an impacted federal worker for nonpayment of rent during a federal government shutdown. "Tenant'', any resident whose tenancy began before a federal government shutdown. (b) Notwithstanding any general or special law, rule, regulation or order to the contrary, a landlord or owner of a property shall not, for the purposes of a non-essential eviction for a residential dwelling unit: (i) terminate a tenancy; or (ii) send any notice, including a notice to quit, requesting or demanding that a tenant of a residential dwelling unit vacate the premises if the tenant provides notice and documentation to the landlord or owner that they are experiencing a significant financial impact from a federal government shutdown. A landlord or owner of a property shall include, on any complaint for summary process filed during a federal government shutdown, a statement that the landlord has not received notice that the defendant is an impacted federal worker. (c)(1) Notwithstanding any general or special law, rule, regulation or order to the contrary, a court having jurisdiction over an action for summary process pursuant to this chapter, including the Boston municipal court department, shall not, in a non-essential eviction for a residential dwelling unit accept for filing a writ, summons or complaint unless the plaintiff includes in the complaint a statement that the defendant is not an impacted federal worker. (2) Notwithstanding any general or special law, rule, regulation or order to the contrary, a court having jurisdiction over an action for summary process pursuant to this chapter, including the Boston municipal court department, shall not, in a non-essential eviction for a residential dwelling unit initiated during a federal government shutdown: (i) enter a judgment for a plaintiff for possession of a residential dwelling unit if the defendant provides the court with documentation that they are an impacted federal worker who suffered a significant financial impact due to a federal government shutdown; (ii) enter a default judgment for a plaintiff for possession of a residential dwelling unit unless the court has determined that the defendant is not an impacted federal worker; (iii) deny, upon the request of a defendant, a continuance of a summary process case of not more than 30 days if the defendant provides the court with documentation that they are an impacted federal worker who suffered a significant financial impact due to a federal government shutdown; or (iv) schedule a court event, other than a status hearing, if the defendant provides the court documentation that they are an impacted federal worker who suffered a significant financial impact due to a federal government shutdown. (d) A deadline or time period for action by a defendant to a non-essential eviction for a residential dwelling unit initiated during a federal government shutdown, shall be tolled if the defendant provides the court documentation that they are an impacted federal worker who suffered a significant financial impact due to a federal government shutdown. (e) A landlord shall not impose a late fee for nonpayment of rent for a residential dwelling unit or furnish rental payment data to a consumer reporting agency, as defined in section 50 of chapter 93 of the General Laws, related to the nonpayment of rent, if, not later than 30 days after the missed rent payment, the tenant provides notice and documentation to the owner or landlord that the tenant is an impacted federal worker and the nonpayment of rent was due to a significant financial impact from a federal government shutdown. The executive office of housing and livable communities shall develop forms and recommendations for the provision of notice and documentation to a landlord that the nonpayment of rent was due to a significant financial impact of a federal government shutdown. (f) Nothing in this section shall relieve a tenant from the obligation to pay rent or restrict a landlord's or owner's ability to recover rent. (g) Notwithstanding section 15B of chapter 186 or any other general or special law to the contrary, in order to address disruptions caused by a federal government shutdown, a lessor who received rent in advance for the last month of tenancy pursuant to said section 15B of said chapter 186, may access and utilize the funds received from said last month's rent in advance if the tenant is an impacted federal worker who is unable to pay rent as a result of a federal government shutdown. A lessor may utilize such funds to pay for expenses, which may include, but shall not be limited to, mortgage payments, utilities, repairs and required upkeep; provided, however, that a lessor shall not deduct from said last month's rent in advance any amount to account for the tenant's nonpayment of rent; provided further, that the lessor shall notify the tenant in writing that: (i) the lessor utilized such funds before the last month of the tenancy; and (ii) the lessor remains obligated to apply such funds to its intended application as rent for the last month of tenancy. (h) Nothing in this section shall be construed to relieve a lessor of their obligations to apply said rent in advance to its intended application as rent for the last month of tenancy and to pay to the tenant any interest due as required pursuant to section 15B of chapter 186. (i) A landlord or owner shall not be liable for actions taken in good faith reliance on documentation provided by a tenant pursuant to this section. (j) The executive office of housing and livable communities shall issue regulations and guidance as necessary to implement this section. (k) This section shall be in effect during a federal government shutdown until 30 days after a federal government shutdown has ended; provided, however, that the governor may postpone such expiration by not more than 75 days after a federal shutdown has ended; and provided further, that any deadline or time period for action that is tolled under subsection (d) shall begin to run upon the expiration date.

[ Text of section added by 2025, 73, Sec. 54 effective November 25, 2025.]

Section 17. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:

"Federal government shutdown'', any period in which all non-essential federal government functions cease as a result of a failure to enact a regular appropriations bill or continuing resolution.

"Impacted federal worker'', a resident of the commonwealth who, as a result of a federal government shutdown, is furloughed or excepted pursuant to 31 U.S.C. § 1342 or any other federal law requiring the person to continue to work without pay during a federal government shutdown, including, but not limited to, service members or employees of the active-duty military, national guard and reserve components.

"Non-essential eviction'', an eviction of an impacted federal worker for nonpayment of rent during a federal government shutdown.

"Tenant'', any resident whose tenancy began before a federal government shutdown.

(b) Notwithstanding any general or special law, rule, regulation or order to the contrary, a landlord or owner of a property shall not, for the purposes of a non-essential eviction for a residential dwelling unit: (i) terminate a tenancy; or (ii) send any notice, including a notice to quit, requesting or demanding that a tenant of a residential dwelling unit vacate the premises if the tenant provides notice and documentation to the landlord or owner that they are experiencing a significant financial impact from a federal government shutdown. A landlord or owner of a property shall include, on any complaint for summary process filed during a federal government shutdown, a statement that the landlord has not received notice that the defendant is an impacted federal worker.

(c)(1) Notwithstanding any general or special law, rule, regulation or order to the contrary, a court having jurisdiction over an action for summary process pursuant to this chapter, including the Boston municipal court department, shall not, in a non-essential eviction for a residential dwelling unit accept for filing a writ, summons or complaint unless the plaintiff includes in the complaint a statement that the defendant is not an impacted federal worker.

(2) Notwithstanding any general or special law, rule, regulation or order to the contrary, a court having jurisdiction over an action for summary process pursuant to this chapter, including the Boston municipal court department, shall not, in a non-essential eviction for a residential dwelling unit initiated during a federal government shutdown: (i) enter a judgment for a plaintiff for possession of a residential dwelling unit if the defendant provides the court with documentation that they are an impacted federal worker who suffered a significant financial impact due to a federal government shutdown; (ii) enter a default judgment for a plaintiff for possession of a residential dwelling unit unless the court has determined that the defendant is not an impacted federal worker; (iii) deny, upon the request of a defendant, a continuance of a summary process case of not more than 30 days if the defendant provides the court with documentation that they are an impacted federal worker who suffered a significant financial impact due to a federal government shutdown; or (iv) schedule a court event, other than a status hearing, if the defendant provides the court documentation that they are an impacted federal worker who suffered a significant financial impact due to a federal government shutdown.

(d) A deadline or time period for action by a defendant to a non-essential eviction for a residential dwelling unit initiated during a federal government shutdown, shall be tolled if the defendant provides the court documentation that they are an impacted federal worker who suffered a significant financial impact due to a federal government shutdown.

(e) A landlord shall not impose a late fee for nonpayment of rent for a residential dwelling unit or furnish rental payment data to a consumer reporting agency, as defined in section 50 of chapter 93 of the General Laws, related to the nonpayment of rent, if, not later than 30 days after the missed rent payment, the tenant provides notice and documentation to the owner or landlord that the tenant is an impacted federal worker and the nonpayment of rent was due to a significant financial impact from a federal government shutdown. The executive office of housing and livable communities shall develop forms and recommendations for the provision of notice and documentation to a landlord that the nonpayment of rent was due to a significant financial impact of a federal government shutdown.

(f) Nothing in this section shall relieve a tenant from the obligation to pay rent or restrict a landlord's or owner's ability to recover rent.

(g) Notwithstanding section 15B of chapter 186 or any other general or special law to the contrary, in order to address disruptions caused by a federal government shutdown, a lessor who received rent in advance for the last month of tenancy pursuant to said section 15B of said chapter 186, may access and utilize the funds received from said last month's rent in advance if the tenant is an impacted federal worker who is unable to pay rent as a result of a federal government shutdown. A lessor may utilize such funds to pay for expenses, which may include, but shall not be limited to, mortgage payments, utilities, repairs and required upkeep; provided, however, that a lessor shall not deduct from said last month's rent in advance any amount to account for the tenant's nonpayment of rent; provided further, that the lessor shall notify the tenant in writing that: (i) the lessor utilized such funds before the last month of the tenancy; and (ii) the lessor remains obligated to apply such funds to its intended application as rent for the last month of tenancy.

(h) Nothing in this section shall be construed to relieve a lessor of their obligations to apply said rent in advance to its intended application as rent for the last month of tenancy and to pay to the tenant any interest due as required pursuant to section 15B of chapter 186.

(i) A landlord or owner shall not be liable for actions taken in good faith reliance on documentation provided by a tenant pursuant to this section.

(j) The executive office of housing and livable communities shall issue regulations and guidance as necessary to implement this section.

(k) This section shall be in effect during a federal government shutdown until 30 days after a federal government shutdown has ended; provided, however, that the governor may postpone such expiration by not more than 75 days after a federal shutdown has ended; and provided further, that any deadline or time period for action that is tolled under subsection (d) shall begin to run upon the expiration date.