SPOA Urges Lawmakers to Drop Eviction Sealing Amendment to Economic Development Bill

Today, SPOA sent a communication the Conference Committee that is working on reconciling the House and Senate version of the economic growth and relief bill recently before lawmakers. The Senate accepted a version which includes an eviction record sealing amendment which SPOA is urging members of the committee to remove from the final version of the bill.

You can read the full text of the letter below:

July 28, 2020

The Honorable Aaron M. Michlewitz, Chair
House Committee on Ways and Means
State House—Room 243
Boston, MA 02133

The Honorable Michael Rodrigues, Chair
Senate Committee on Ways and Means
State House—Room 212
Boston, MA 02133

           Re: Opposition to Sections 108B and 135C of Senate, No. 3030 (Eviction Record Sealing)

Dear Messrs. Chairmen:

           I write on behalf of the Small Property Owners Association (“SPOA”) to urge that Sections 10B and 135C of Senate, No. 3030 be held in conference and not included in the Report of the Committee of Conference on said bill and its counterpart, House, No. 5034.

           While SPOA does not oppose the sealing of records in certain, legitimate, “no fault” eviction cases, Section 135C goes well beyond that stated intention. In fact, it would allow for the sealing of evictions for lease violations and for cases involving criminal matters such as narcotics and prostitution. We believe this is a radical departure from the status quo, which already provides substantial protections for tenants in true “no-fault” scenarios.

           Section 135C raises serious public safety concerns. A new landlord would have no access to important information regarding a tenant’s history of eviction for material lease violation or serious criminal offenses. This information is crucial not only to landlords, who are entrusting their property to potentially unknown and unvetted tenants, but as important, withholding it poses a clear threat to neighboring tenants who would no longer be able to reply upon the due diligence of their landlord. Why would the General Court wish to hide information from landlords that is vital to safeguarding the property and wellbeing of other families and individual tenants. Their rights and personal safety must be the priority in any discussion of record sealing—and Section 135C fails this test.

           Finally, this Section removes important processes of judicial review and assumes the validity of the evicted tenants claims. We do not dispute that is some cases it is completely justifiable for records to be sealed; but we do believe a court of competent jurisdiction should have the opportunity and responsibility to review such cases and decide the matters based on findings of fact and specific circumstances. 

Thank you for your consideration of SPOA’s thoughts on this matter. 

Very truly yours,

Small Property Owners Association