‘At full torrent’
Court pledges openness as months’ worth of evictions hit at once
The Trial Court has promised a public-facing dashboard to provide transparency and track eviction filings as a temporary ban expires, creating a situation one critic likened to “turning on the eviction faucet at full torrent.”
“We’re going to have good data that’s going to be public-facing on our website that will help us make any determination of any tweaks we need to make in our process,” Chief Justice of the Trial Court Paula M. Carey told the Herald during a Wednesday interview.
As with other programs intended to cushion the worst blows of the impending housing crisis, it’s unclear when the dashboard will go live, but Carey vowed the first evictions won’t be seen until at least November.
Plowing through the volume of cases to come will take “significant” time, Carey said. Most Housing Court business will be conducted online for the foreseeable future, Carey said, estimating it will only be able to process eight cases a day and could take until July to catch up. The court has yet to release the names of a lineup of 15 retired judges it is recalling to assist.
Gov. Charlie Baker allowed a temporary moratorium blocking evictions and foreclosures to expire on Saturday and though a federal Centers for Disease Control ban blocks most evictions through the end of the year, court processes for removals can more forward in Massachusetts. Estimates on the caseload range from 20,000 to upwards of 200,000.
“It’s the governor turning on the eviction faucet at full torrent but it’s the courts that have to administer all these programs, hire lawyers and case managers and they haven’t been hired yet,” said Lewis Finfer, co-director of the Massachusetts Communities Action Network. “This is very important to help the tenants who are behind and also helps landlord’s get money.”
Baker last week unveiled a $171 million eviction diversion program that includes a $100 million injection of cash into the state’s main rental assistance program and tens of millions more that will cover the costs of lawyers and mediators to intercede and try to strike deals to avoid evictions
The courts will seek to preserve tenancy “wherever possible,” Carey said, but stressed the court’s neutrality saying resources are needed “on both sides.”
“Not all landlords are multimillion-dollar landlords. There are small landlords struggling to make payments who need help as well … it’s pretty clear that what we really need is this funding,” Carey said.
The Baker administration has pledged “a few weeks” and Carey is “confident” the programs will be up and running in “very short order.”
Attorney General Maura Healey has also expressed worry over the fallout.
“With the cold weather and COVID-19 case counts rising, it’s critical that these services are available as soon as possible – especially before the end of the year,” Healey, a Democrat, said in response to Herald questions.
But Baker doubled down when asked about his timeline to deliver the new resources during a Wednesday press conference, saying there is still time.
“A big part of the next few weeks is going to be about dealing with cases that predate the emergency order and the pandemic,” Baker said.
LET US KNOW: Are you a landlord or tenant trying to navigate the state’s eviction crisis? Reach out to Erin Tiernan at etiernan@bostonherald.com or Alexi Cohan at alexi.cohan @bostonherald.com.