Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S994

Introduced
2/16/23  

Caption

Preventing unnecessary vacancies in foreclosed homes

Impact

If enacted, SB 994 would amend Chapter 186A of the General Laws of Massachusetts. Notably, it limits the ability of foreclosure sale purchasers to evict tenants solely based on foreclosure unless there is just cause for eviction. This includes provisions that define what constitutes just cause, such as failure to pay rent or violating lease agreements. By doing so, the bill strives to protect tenant rights and create a framework wherein housing accommodations are maintained and stabilized post-foreclosure.

Summary

Senate Bill 994, titled 'An Act Preventing Unnecessary Vacancies in Foreclosed Homes', is designed to address the growing concern of vacant homes resulting from foreclosures, particularly in the context of the housing crisis. The bill aims to implement stringent regulations on how foreclosed properties are handled, especially concerning the eviction process for tenants who are residing in those properties at the time of foreclosure. Its objective is to ensure that people are not unjustly displaced and to maintain housing stability within communities impacted by foreclosure activities.

Conclusion

Overall, SB 994 seeks to address a critical issue facing many communities by reducing unnecessary vacancies and protecting tenants during the foreclosure process. The inclusion of stringent eviction guidelines aims to maintain housing stability and uphold tenant rights amidst the ongoing economic challenges associated with foreclosures.

Contention

The bill has generated some discussion regarding its balance between the rights of property owners and tenant protections. Proponents argue that the bill is essential for safeguarding vulnerable tenants who might otherwise be displaced due to foreclosure, thereby promoting community integrity and reducing homelessness. On the other hand, critics may point to concerns that imposing restrictions on evictions could disincentivize investment in foreclosed properties and complicate the foreclosure process, potentially leading to adverse effects on the housing market.

Companion Bills

MA S2612

Replaced by Order relative to authorizing the joint committee on the Judiciary to make an investigation and study of certain current Senate documents relative to judicial matters.

Similar Bills

NJ A3306

Concerns expedited process for foreclosing vacant and abandoned residential properties in uncontested actions.

FL H0575

Vacation and Timeshare Plans

HI HB2009

Relating To Foreclosing On Mortgaged Property.

MI HB5630

Civil rights: disabilities discrimination; modifications for notifications of eviction and foreclosure; provide for. Amends 1976 PA 220 (MCL 37.1101 - 37.1607) by adding sec. 506b. TIE BAR WITH: HB 5631'24

NJ A3772

Revises process for property tax lien holder to foreclose right to redeem a property tax lien; allows property owner to protect remaining equity.

NJ S2334

Revises process for property tax lien holder to foreclose right to redeem a property tax lien; allows property owner to protect remaining equity.

MD HB247

Real Property - Residential Foreclosures - Procedures

DE SB245

An Act To Amend Titles 10 And 29 Of The Delaware Code Relating To Residential Mortgage Foreclosure And The Office Of Foreclosure Prevention And Financial Education.