A communication transmitted from Louis A. DePasquale, City Manager, relative to Awaiting Report Item Number 20-50, regarding a report on publicizing and enforcing and publicizing the eviction moratorium

City of Cambridge Executive Department LOUIS A. DePASQUALE LISA C. PETERSON Deputy City Manager City Manager October 19, 2020 Louis A. DePasquale City Manager City Hall Cambridge, MA 02139 Re: Policy Order Resolution No. O-5 of 10/5/20 Re: report on (1) amending Cambridge's Moratorium on Eviction Enforcement to make clear that it remains in full force and effect after October 17 and until at least the end of the state emergency is declared; (2) widely publicizing to residents, property owners and community groups that Cambridge's Moratorium on Eviction Enforcement remains in effect; and (3) how its provisions overlap and differ with the protections that have been provided by the Massachusetts Eviction Moratorium, which is expiring on October 17. Dear Mr. De Pasquale: This will respond to the City Council's requests in the above-referenced Council Order that the City Manager: (1) work with the Public Health Department and the Law Department to amend Cambridge's Moratorium on Eviction Enforcement to make clear that it remains in full force and effect after October 17 and until at least the end of the state emergency is declared; (2) widely publicize to residents, property owners and community groups that Cambridge's Moratorium on Eviction Enforcement remains in effect; and (3) how its provisions overlap and differ with the protections that have been provided by the Massachusetts Eviction Moratorium, which is expiring on October 17. 1. Cambridge's Eviction Enforcement Moratorium Has No Expiration Date The City of Cambridge enacted an emergency order on April 3, 2020 entitled "Temporary Emergency Order by the Commissioner of Public Health and The City Manager Establishing a Moratorium on Eviction Enforcement and Non-Essential entry by Property Owners and Their Agents into Occupied Dwelling Units" ("Cambridge Eviction Enforcement Moratorium"). On July 23, 2020 the second part of the Order pertaining to non-essential entry was amended. The Cambridge Eviction Enforcement Moratorium prohibits property owners from acting on executions for possession obtained in a court eviction case. This means that tenants may not be forcibly evicted. The Order does not specify an expiration date. Paragraph 5 of the Order states: City Hall • 795 Massachusetts Avenue • Cambridge • Massachusetts • 02139 [phone removed] • tty: [phone removed] • www.cambridgema.gov

"It]his Emergency Order shall remain in effect until further notice." Because the Order has no specified expiration date, we do not recommend amending it to state that it will remain in effect at least until the end of the State emergency is declared. The amended Order is attached hereto for reference. Il. Publicizing Cambridge's Eviction Enforcement Moratorium On October 14, 2020, an email was sent to more than 230 Housing Professionals that included: property managers, owners, realtors, attorneys and partners to inform them of both the 2020 Tenants' Rights and Resources Notification Ordinance and, the status of Local, State and Federal moratoria. Included in the email was the joint letter from you and Mayor Siddiqui that clearly stated the Cambridge Eviction Enforcement Moratorium remains in effect until further notice. This letter along with materials and documents regarding the Tenants' Rights and Resources Notification Ordinance has also been posted on the City's website. In addition, a news story for the City's website regarding the Tenants' Rights and Resources Notification Ordinance is being written and will be posted. This will include the Cambridge Eviction Enforcement Moratorium Order. Finally, a postcard regarding relevant tenant protection information including the Tenants' Rights and Resources Notification Ordinance and the Cambridge Eviction Enforcement Moratorium is being prepared and will be sent to all households. III. How the Provisions of the Cambridge Eviction Enforcement Moratorium Overlap and Differ with the Protections Provided by the Massachusetts Eviction Moratorium On October 5, 2020, you provided the City Council with a letter regarding Eviction Moratoria Applicability. This letter analyzes the protections offered by each of the three eviction moratoria and is attached hereto for reference. In the letter it is explained that, the State Eviction Moratorium prevents a notice to quit from being served and a summary process action from being filed. The Cambridge Eviction Enforcement Moratorium does not address that but requires that if a landlord has gone through the process of serving a notice to quit and a summary process action, and has obtained an execution for possession from the Court, the landlord cannot cause a Constable or Sherriff to levy on that execution. This means that a landlord cannot cause a tenant to vacate the premises while the Cambridge Eviction Enforcement Moratorium is in effect. If the State Eviction Moratorium expires on October 17, 2020 as anticipated, it is possible that some landlords will serve tenants with notices to quit, initiate summary process eviction cases, and obtain executions for possession. Because the Cambridge Eviction Enforcement Moratorium remains in effect, landlords will be prevented from levying on executions for possession. The October 5'" letter also explains that the Order issued by the Center for Disease Control ("CDC") on September 2, 2020 establishing a national eviction moratorium will provide protection to Cambridge tenants who qualify for its protections if or when the State Eviction Moratorium expires. 2

Additionally, since the October 5** letter, on October 12, 2020 the Governor announced a comprehensive eviction diversion initiative with increased funding and expanded programs in order to keep people safely housed during the Pandemic. Although this initiative does not impose a moratorium on evictions, it does commit $112 million of new funding to support expanded housing stability programs during the remainder of the fiscal year. These programs range from providing relief to renters and landlords, to also rehousing those at risk for homelessness. Additionally, this initiative includes funding for legal assistance for qualifying tenants during the eviction process, and funding for landlord tenant mediation. Tenants can qualify for these state programs even if they already received rental assistance from the Cambridge Mayor's Disaster Relief Fund or the Cambridge Housing Stabilization Program. I am available to discuss this with the City Council if you have any questions. Very truly yours, Nancy E. Glowa City Solicitor Enc.