Eviction Storage Amendment Problematic

 

Background

In 2004, the Massachusetts legislature passed the eviction storage law that provided important protections for tenants whose belongings are removed from their homes at the end of an eviction process. Prior to passage of the law, tenants faced unscrupulous practices by warehousers, whose identities were often unknown and who charged exorbitant prices to vulnerable tenants seeking access to their belongings. The 2004 eviction storage legislation was an important consumer protection law. It has ensured:

• that tenants have reasonable access to their belongings,
• that their belongings remain reasonably close to the home they were displaced from, and
• that storage fees are reasonable.

Recent Problematic Amendment

On Dec.16, 2010, the legislature amended the eviction storage law and passed Chapter 393. It became effective on March 16, 2011. Now , under the amended law, tenants may no longer choose to have their belongings moved anywhere except to a public warehouse licensed and bonded by the state that is within 20 miles from where they are being evicted.

The problem is that t here are only 24 public warehouses licensed by the state. There are many areas of the state are not within a 20 miles radius of these public warehouses. But more importantly, h omeless tenants need to be able to choose a storage facility or location that is affordable to them. The amendment denies tenants the option to locate and choose storage that is free (such as a relative’s basement) or relatively   affordable (such as self-storage). If tenants cannot pay for their storage their belongings can be auctioned and sold. Tenants who are homeless and whose belongings are in storage need on-going access to their belongings. It is very difficult, if not impossible, to get ready access to belongings in huge licensed warehouses. These homeless tenants need access to documents, clothes, children’s school supplies, toys and other personal items in order to obtain housing and jobs. Allowing tenants to move their belongings into self-storage or to a friend’s or relative’s home ensures ongoing access to these belongings.

Possible Solution

In January, Senator DiDomenico and Representative Fallon filed a bill (SB 759 & HB 2164) ensures that tenants retain the right to have their belongings moved to a near-by, accessible and affordable location, not just a public warehouse. These bills also correct the current problem with the bill’s enforceability by making it clear that if there is no licensed bonded warehouse within 20 miles from a particular location, a landlord can store a tenant’s belongings in the closest available warehouse facility.

Advocacy Opportunity: Collecting Stories

The Massachusetts Law Reform Institute is collecting stories of those hurt by the December 2010 amendment to use to help advocate for the correction. If you hear of tenants being harmed by this new amendment, please have the tenant contact Annette Duke at the Massachusetts Law Reform Institute at ADuke@MLRI.org or 617-357-0700, ext 334.

 

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