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CDC Eviction Moratorium Creates Challenges How It May Impact Massachusetts HOAs

The COVID-19 pandemic and efforts to control it continue to preoccupy condominium association boards and property managers and challenge their ability to respond to rapidly changing governmental guidelines and requirements. Federal regulations issued by the Centers for Disease Control and Prevention (CDC) temporarily prohibiting property owners from evicting residential tenants for non-payment of rent create a new set of challenges. Although the moratorium primarily affects owners of rental properties, some condominium associations may feel its effects, as well.

The moratorium applies only in states that have not enacted pandemic-related eviction restrictions or that have restrictions less stringent than the CDC’s. A more restrictive emergency eviction ban enacted by the Massachusetts Legislature in response to the COVID-19 pandemic expired on October 17, when Governor Charles Baker decided not to extend it. The differences between the two moratoria are significant.

Massachusetts Eviction Moratorium

The Massachusetts moratorium prohibited landlords and property managers from pursuing “Non-Essential Evictions,” which the law defined as:

• Evictions for non-payment of rent

• Evictions resulting from foreclosures

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