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The HOMES Act and Treating Housing like a Human Right

Tuesday, August 3, 2021

Chairman Eldridge, Chairman Day, and Members of the Judiciary Committee:

My name is Jonathan Cohn, and I am the chair of the Issues Committee of Progressive Massachusetts. Progressive Massachusetts is a statewide grassroots advocacy organization that fights for shared prosperity and racial and social justice.

We urge you to give a favorable report to S.921: An Act Promoting Housing Opportunity and Mobility through Eviction Sealing (HOMES).

This hearing is timely with the expiration of the federal eviction moratorium having just occurred this weekend. Although Massachusetts has vital rental assistance programs and resources, we will still likely see an uptick in evictions, destabilizing families and communities—with lasting impact.

Having an eviction record creates a devastating barrier for tenants looking for housing. Since 1988, over 1 million eviction cases have been filed in Massachusetts. Records are created as soon as a case is filed and are publicly available forever––regardless of the outcome. These records impact people’s ability to obtain housing, credit, and employment, harming many, especially women and people of color.

Regardless of whether one does anything wrong or is actually evicted, being party to an eviction or housing case is being unfairly held against tenants when they try to rent a new place. Even winning in court hurts tenants. If an eviction case is not the fault of the tenant, is dismissed, or ends with a tenant satisfying an agreement, these records should not be made public.

Even worse, under the current system, children being named in eviction proceedings and burdened with eviction records that follow them into adulthood, complicating their efforts to obtain housing and credit.

Moreover, under the current system, mistakes, errors, and common names result in incorrect information being reported to landlords. Housing should be viewed as a human right, and no one should lose their rights due to a clerical error.

With the HOMES Act, Massachusetts has the opportunity to be a leader in ensuring that housing is accessible for all—something that was urgent before but even more so during the pandemic and our attempts at recovery.

Sincerely,

Jonathan Cohn

Chair, Issues Committee

Progressive Massachusetts

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