Page 7 - New England Condominium January 2021

NEWENGLANDCONDO.COM NEW ENGLAND CONDOMINIUM -JANUARY 2021 7 ■ Depth of Knowledge & Experience ■ Expert Advice ■ Creative Approaches & Solutions ■ Flexible Billing Arrangements NE C ONDO 02 • 10.125 6.25 X www.lawmtm.com MTM is a full-service Condominium & Real Estate Law Firm Experience, Integrity, & Drive Set Us Apart Uncommon Expertise for your Community of Common Interests Thomas Bhisitkul (617) 934-4603 tbhisitkul@lawmtm.com Kimberly A. Bielan (781) 817-4607 kbielan@lawmtm.com Christopher S. Malloy (617) 934-4604 cmalloy@lawmtm.com Douglas A. Troyer (781) 817-4605 dtroyer@lawmtm.com Thomas O. Moriarty (781) 817-4603 tmoriarty@lawmtm.com (781) 817-4900 30 B RAINTREE H ILL O FFICE P ARK , S UITE 205 B RAINTREE , MA 02184 (617) 934-4550 265 F RANKLIN S TREET , S UITE 1801 B OSTON , MA 02110 (508) 459-8516 39 T OWN H ALL S QUARE F ALMOUTH , MA 02540 C M Y CM MY CY CMY K greater stress—especially those who already I view it. So, I have to figure out how to do had problems. We did a lot of Zoom calls with that—how do our building staff and maintenance people to keep them updated on protocols and changes burnout has become a reality in his industry. in policies, as well as how to deal with people. He reports that some managers are leaving And we did it so they could give each other not only their jobs, but the real estate busi- emotional support. Every day became a sup- port group for all types of staff.” “Good customer service skills are very and psychologist than manager right now,” important right now,” says Nolan. “Let’s face he says. His company has instituted all types it, 2020 has been a whirlwind of a year, with of special training as needed, from cleaning many people working from home, many requirements to support group-type confer- people jobless, children learning for the first ences. He even brings in attorneys to explain time via Zoom and other online platforms... it’s changed the lives of many. Our routines regulations to his property managers so they have been disturbed, which makes people un- comfortable, irritable at times, and fearful for tions, and best practices—and hopefully feel the future. We have to understand that when less stressed about implementing them all in clients might have more of an edgy tone to their client communities. their emails or phone calls, it’s not necessarily us, but just the current state of the country.” awaited vaccine are distributed across the Focusing on solid customer service, mutual country, we’re finally seeing a light at the end patience, and de-escalating tense exchanges of a very long, dark tunnel. But even with the when they occur can go a long way toward ray of hope that vaccinations offer, the pan- reducing stress for everyone on all sides of the demic remains ongoing—and continues to equation. Wollman says he’s learned to value and erties, their staffs, and themselves. Time will implement patience and collaboration, and tell how soon—if ever—we’ll be able to return uses an apt metaphor: “We had to adapt to an to some place of normalcy, but until then, ever-changing wheel without reinventing it multifamily managers will keep soldiering on, every day. And it wasn’t my wheel, the wheel supporting their staff and client communities I built over my career. It was the Governor’s as we all do our best to hold it together. wheel, or Department of Health’s wheel. But we had to keep everyone safe—employees, staff, and residents. That’s my responsibility as we do that.” Wolf observes that pandemic-related ness altogether—and those who are staying in are feeling the strain, too. “I’m more therapist the ever-changing landscape of pandemic can stay abreast of new requirements, restric- As the very first doses of the desperately impact the way managers manage their prop- n A J Sidransky is a staff writer/reporter for New England Condominium, and a published novel- ist. The decidedly more tenant-friendly Massachusetts eviction moratorium barred landlords and property managers from tak- ing virtually any eviction-related actions (including issuing notices to quit or other eviction-related notices, demanding that tenants vacate the premises or otherwise threatening eviction), unless an emergency required the eviction, and even in those cases, a court had to approve the action. The state law did not just tie the hands of landlords and property managers; it locked the courthouse doors as well. The moratorium prohibited courts from accept- ing summary process complaints, entering judgments for possession of the premises, or even scheduling any court-related evic- tion proceedings. To make matters worse, Massachusetts courts would not issue and constables could not serve execution orders requiring removal of tenants and their be- longings from the premises. CDC Eviction Moratorium Because the Massachusetts moratorium has expired, landlords and property man- agers must follow the CDC rules, which remained in effect until at least December 31, 2020, but may be extended beyond that date. Unlike the Massachusetts mora- torium, the CDC’s allows landlords and property managers to pursue residential evictions for non-payment of rent, with one major caveat: Tenants may not be evicted if they submit a written declaration, under pains and penalty of perjury, attesting that they: • Have used their “best efforts” to obtain all available government assistance for pay- ment of rent; • Expect to earn no more than $99,000 in annual income for calendar year 2020 ($198,000 if filing a joint return), were not required to report any income in 2019, or received a government stimulus check un- der the CARES Act.; • Are unable to pay the full rent or make a full housing payment because of adverse financial impacts of the pandemic; • Are using their best efforts to make timely payments as close as possible to the full payment; • Have no other available housing op- tions and if evicted, would either be made homeless or forced to reside in a congregate or shared-living setting. Under the CDC moratorium, landlords and property managers can pursue evic- tions for non-payment of rent until they receive a tenant’s pandemic affidavit. At that point, all eviction-related actions must cease immediately. Landlords and property managers who violate the CDC’s order are subject to hundreds of thousands of dollars in fines, possible imprisonment, or both. CDC EVICTION... continued from page 1 continued on page 8