Sunday, March 1, 2020

Deb's Story - Forced Homelessness and Injustice

Yesterday, I met a woman named Deb in Leominster, MA.   She has been homeless for over 5 years and is living in a van.  She was evicted five years ago under court judgement for non payment.   In her story, she states that she was really evicted as retribution for calling the board of health and the fire department for gas leaks.  Unfortunately, she did not use her legal rights to present her case well, and did not claim retribution which is illegal under state law, and she did not file an appeal within 14 days. 

I was unable to find anything that allowed her to attempt to expunge her record after her appeal period was over.  I felt so sad that this woman will be forced to be homeless for life because of her eviction.   

Doing research today, I found that currently in Massachusetts there is no way to request your record be expunged in the interest of justice.   If you miss your appeal period, you fall through the cracks for life.   
 
I also learned that if someone filed to evict you in MA, your record is exposed online.   See: https://commonwealthmagazine.org/opinion/court-database-shouldnt-be-landlord-screening-tool/
 
Very Rarely do I ever agree with the ACLU, but today I do.  The ACLU has supported: Massachusetts S.824  and  H.3566 –   An  Act  Promoting Housing  Opportunity  and Mobility Through Eviction Sealing.  See:  https://www.aclum.org/sites/default/files/20190716_homes_act_testimony.pdf

The bill is stuck in Judiciary committee.   I ask you to write and support this bill. 

Support for Massachusetts S.824 and H.3566 – An Act Promoting Housing Opportunity and Mobility Through Eviction Sealing

Sen. James B. Eldridge and Rep. Claire D. Cronin, Co-Chairs;
Sen. Sonia Chang-Diaz and Rep. Michael S. Day, Co-Vice Chairs;
and the members of the Joint Committee on the Judiciary
Sen Dean Tran and Representative Stephen Hay

I am writing to support and strongly urge you to move on S.824  and  H.3566 –   An  Act  Promoting Housing  Opportunity  and Mobility Through Eviction Sealing.  I beg you to move forward on this, as justice delayed is justice denied.  I ask you to allow person to request their eviction records be expunged in the interest of justice.   

For more information see: https://trackbill.com/bill/massachusetts-senate-bill-824-an-act-promoting-housing-opportunity-and-mobility-through-eviction-sealing-homes/1711210/
 
Links to opinions:

https://commonwealthmagazine.org/opinion/court-database-shouldnt-be-landlord-screening-tool/
https://www.aclum.org/sites/default/files/20190716_homes_act_testimony.pdf