In order to meet print deadlines, I have to write this letter at a time when the House has passed the tenant right of first refusal, before knowing whether the Senate has as well.
In a very real sense, this decision will change everything, and there is nothing much I can write here. But in another sense, it's a good time to recap the problems we are facing in general terms. If you are already familiar with the tenant right of first refusal or "tenant opportunity to purchase act" (TOPA), this letter still contains likely new information and is worth reading.
One major problem in Massachusetts politics and in the U.S. more broadly is inadequate expertise in policy making. What I mean is, the world is so complicated that it's inconceivable that any one set of legislators should know enough to do their job. When we have asked legislators to make decisions on healthcare, transportation, housing, civil rights and more, the general trend has been to listen to people who look expert and defer details to agencies. "These people say we should do XYZ. We'll pass the law and let the regulators fill in the gap." Well, this hardly works if the law itself is aimed badly. And it should surprise no one: People who ask the legislature to do something have motivations that don't necessarily align with public interest.
The Tenant Opportunity to Purchase Act would delay closings for multifamilies by hundreds of days. This is advocated for by community development corporations, who need this long to compete. They are expert in financing nonprofit construction. When they talk to the legislature, it seems they are all the expertise needed. Yet they are not all that is needed. Delaying closings affects the for-profit market, which is by far bigger and more important to understand. Many of us have expertise in the housing market. Did anyone ask for our expert market opinion? Hardly.
One of our members challenged their representative on why they voted for TOPA. The representative told him, paraphrased, "It doesn't have any delay in it, what are you talking about?" They were not lying; they were ignorant about what they had done. They also said the law had been corrected to prevent a Washington, D.C., style debacle. In D.C., renters sell their rights at extortionate prices. Well, I intervened with bad news for this rep: The version of the law the House passed has no such protection. A prior version did. They voted for the wrong one.
It's tempting to declare the legislature a bunch of rank idiots. But we put them there. We are all idiots in this complex world. Only a few of us have any expertise at all, and none of us has all the expertise we need.
TOPA is alive in the House, and through an unprecedented alignment of the real estate industry, should now be dead in the Senate. Call your representative and senator opposed to TOPA. Also, on a matter I haven't discussed here, the eviction sealing mistake is hanging in the balance, as well, but the other way: dead in the House but alive in the Senate as the HOMES Act (193 H.4356) and the Housing Bond Bill (193 H.4138).
Call your representative and senator opposed to eviction sealing. The conference committee that will Frankenstein this bond bill into life could add either of these or even rent control. Help them hear your expertise in providing rental housing.
Thank you for supporting our mission to create better rental housing. We've got your back only because you've got ours. Please join as a member, encourage others to join, become a property rights supporter or increase your level of support. We aim to hire both a full-time educator and policy advocate.
Sincerely,
Douglas Quattrochi • Executive Director, MassLandlords, Inc.
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Can You Collect on a Massachusetts Monetary Judgment? Not Easily.
By Kimberly Rau, Masslandlords, Inc.
The state of Massachusetts protects enough of an individual’s income that successfully collecting on monetary court judgments through supplemental process seems unlikely.
When your tenant stops paying rent, you lose that monthly income for your rental property. Getting it back may be impossible.
When you win an eviction case for nonpayment of rent, the judge will order your former tenant to vacate the property and pay you the owed rent. A judge may also order them to pay your attorney fees. Getting a monetary judgment in your favor is a victory, but whether you actually see the money is another story. It’s up to the renter to pay you. If they don’t, it’s up to you to pursue what you’re owed. In Massachusetts, that’s often easier said than done. If your tenant is judgment-proof, you may never see those funds. Even if your former tenant isn’t judgment-proof, you may be in for an uphill battle. But it may be worth it to try.
SUPPLEMENTAL PROCESSES ALLOW YOU TO GARNISH INCOME
When you receive a monetary judgment in your favor following an eviction, the other party is supposed to pay that owed money to you. But this isn’t automatic (the courts aren’t going to force them to
write you a check that day), and a quick glance around any landlord forum will tell you that many tenants don’t seem willing, or perhaps able, to make their former landlords whole. If they don’t pay what they owe, you can return to court and try to get an order to have their wages garnished.
In Massachusetts this is called a wage attachment, and the process to obtain one is called a “supplemental process.” However, not all types of income can be garnished for all purposes.
WHAT IT MEANS TO BE JUDGMENT PROOF
Massachusetts recognizes two kinds of income: protected and unprotected.
Certain types of income are automatically protected, including any type of public assistance. This includes income from Social Security, workers’ compensation, disability payments, various veterans’ benefits, unemployment and payouts from state-funded pensions and retirement funds. These sources of income are shielded from attachment from all but the most high-priority debts, such as criminal fines, owed taxes, or court-ordered child support or alimony.
You may remember Robert A. Kennedy, the ex-cop from Stoneham who repeatedly did not pay his rent to multiple landlords. He retired after the federal government charged him with fraud, and pled guilty to avoid jail time.
You’ve made it through the eviction process and have a monetary judgment in your favor for owed rent. But collecting on that judgment may be harder than you think. (Image: CC by SA 4.0
Because Kennedy stepped down, and was not fired, from the Stoneham police department, he was, at the time of publication, still eligible to receive his taxpayer-funded pension of approximately $5,000 per month, or $60,000 a year. The Stoneham retirement board voted to move forward with pension forfeiture proceedings in March 2024. At the time of writing, the hearing that determined whether Kennedy could retain his pension had not yet been held.
For the sake of illustration, if Kennedy keeps his pension, the only landlords who could garnish anything from that income would be the ones named in the criminal case brought against Kennedy. The judge ordered him to pay those landlords approximately $14,000 as part of the plea deal, and restitution from criminal cases is considered a priority. The other landlords who evicted Kennedy and received judgments in their favor would not be able to garnish Kennedy’s pension to recoup their money.
If Kennedy got a job for an additional source of income on top of his pension, then his former landlords might be able to get a wage attachment for that money. Conversely, if Kennedy lost his pension, he would likely have to seek full-time employment, which his creditors could access for repayment.
But even if Kennedy does have a source of non-protected income, it may be impossible to collect on the judgments awarded in each eviction.
PROTECTIONS FOR INCOME IN MASSACHUSETTS EXCEED FEDERAL GUIDELINES
The United States and Massachusetts both recognize the importance of consumer protection laws when it comes to creditors. As a result, no creditor can take the entirety of your income even with a wage attachment.
The federal government protects $217.50 of disposable income per week from deduction (30 times the federal
hourly minimum wage). “Disposable income” refers to post-deduction wages, commonly known as take-home pay.
If your disposable income exceeds 40 times the federal minimum wage ($290/ week), then the federal government says that 75% of that income is protected from creditors.
But states are welcome to create laws that protect more income than that, and Massachusetts is one of the states to have done so. The state protects 85% of an individual’s gross (pre-deduction) income, or 50 times the state minimum hourly wage for disposable (post-deduction) income, whichever is greater. Right now, that works out to $750 per week.
Lawmakers have introduced a bill that would raise those limits to protect 90% of a person’s gross income, or 65 times the state minimum wage in disposable income, whichever is greater. That would equal $975 per week.
Right now, in Massachusetts, if your gross income is $1,000 a week, you can
protect $850 of each paycheck from garnishment. Robert Kennedy was making up to $187,000 a year as a police officer, or $3,600 a week before taxes. If he were still earning that salary, the state would protect nearly $160,000 a year from garnishment, or just over $3,000 a week.
But wait, there’s more. Once you’ve calculated your protected income (at least $750 per week), Massachusetts allows you to protect a certain amount of your remaining income from creditors as well.
You can protect $500 a month for utilities, up to $600 a month for provisions such as groceries and $2,500 a month for rent. You can also protect up to $2,500 in cash or savings, with anything over that available for attachment.
This significantly reduces what is available for creditors to collect against.
EVEN WITH A JUDGMENT IN YOUR FAVOR, YOU MAY HAVE TROUBLE COLLECTING OWED RENT
Let’s say you have a tenant who has not paid their rent. Mediation attempts fail to result in an agreement, and you end up in court. You win your eviction case and are awarded your owed rent, plus legal fees.
Your former tenant does not pay, and you seek a garnishment to collect against the judgment. They don’t receive any public assistance, so you assume you will have no problems collecting. You decide to take them to court for a supplemental process hearing. Your former tenant shows up, and they bring documentation.
Let’s say this individual earns $60,000 a year. This works out to $1,153 a week before taxes, of which roughly $980 a week is protected from creditors, leaving just $173 to collect against. Great, you think, collecting $173 a week is better than nothing!
But there are those other protections to consider as well. To figure out what each of those monthly allowances are by week, divide by 4.3 (52 weeks in a year divided by 12 months gives you approximately 4.3 weeks in every month).
Even if your former tenant now pays a very low rent of $1,000 per month, they can protect an additional $232 per week (the monthly rent divided by 4.3) if they bring documentation to court. Now there’s nothing left for you, nor for any non-priority creditor. And that’s not even considering grocery bills and utilities.
But what if your former renter is earning a much higher income, like Kennedy was?
Imagine a scenario where Kennedy does not receive his pension, and has to get another job. Let’s say his new job pays $120,000 a year. That’s just over $2,300 a week before taxes. (It might sound like a lot, but remember, he was making up to $187,000 a year, or just under $3,600 a week before taxes, as a police officer.)
Massachusetts would protect $1,955 (85% of that pre-tax income) from creditors, which leaves $345 a week for you to collect against.
But out of that $345, Kennedy can protect up to $580 per week for his rent (the monthly $2,500 allowance, divided by 4.3). Remembering the previously mentioned protections, Kennedy could also protect up to $140 a week for provisions such as groceries, and $116 for utilities. His creditors are out of luck.
In fact, even at his top reported income, it would be difficult to garnish Kennedy’s paycheck. If he earns $187,000 a year (nearly $3,600 a week before taxes), just $540 is available after protecting 85% of that, and that’s quickly eaten up if Kennedy brings a utility bill or rent statement to court.
IS THERE ANY POINT TO GETTING A JUDGMENT AGAINST A TENANT IF I MAY NOT EVER COLLECT?
At MassLandlords, we encourage you to avoid stepping foot in court if you can avoid it. Eviction takes a long time, it’s incredibly expensive, and, as we’ve just shown, if your tenant doesn’t willingly pay, your odds of getting to collect against any judgments are low.
But if you do end up in court and you win, there are still some benefits to having a judgment in your favor.
Attorney Jordana Roubicek Greenman spoke with MassLandlords for this story. She noted that “the amount of legal fees one could spend garnishing wages is certainly prohibitive,” and attorneys may shy away from taking such a case. But there are other avenues besides wage garnishment that may help landlords eventually see their lost money.
A judgment is good for 20 years, so at some point you may be able to collect
The math doesn’t lie: Whether someone makes $700 a week or nearly $6,000 a week, after all of the income Massachusetts allows an individual to protect from creditors, little to nothing is available for wage attachment. (Image: Derived 123rf)
against that. For instance, though it seems impossible that you could ever garnish someone’s wages to collect on a debt, there is a relatively low cap – just $2,500 – on cash/savings in Massachusetts. If your former renter ever comes into some money, you may be able to collect at that point.
Roubicek Greenman remembered a particularly protracted eviction case that started before the Covid-19 pandemic and dragged out through the eviction moratorium and beyond. Her client was finally able to get the non-paying tenant out, though the tenant did not pay the money owed. Roubicek Greenman checked back on the former tenant and realized that after the eviction, the individual purchased a house.
“I recorded the execution,” she told MassLandlords. In this instance, recording an execution means placing a levy on the property. “They will never be able to refinance or sell without paying off my client.”
Got Unbuildable Land?
Supplemental process may not be easy, but if you start each new tenancy off on a credit reporting platform, then, if something goes wrong, you can structure a post-tenancy payment plan with your former renters.
(Image: CC by SA 4.0 MassLandlords, Inc.)
If you go this route, your attorney will need to be prepared to extend that levy every five years, but it may mean that you eventually get paid what you’re owed.
SUPPLEMENTAL PROCESS ISN’T WHAT IT USED TO BE
The way we describe renters being judgment proof is very different today than it was 15 years ago.
“I remember attending a WPOA meeting back in the day,” said MassLandlords Executive Director Doug Quattrochi. “Sandra Katz was speaking to the room describing a long, hard-fought eviction against a terrible tenant. ‘But we got his car!’ she beamed. I remember her describing how she got a repo order on the tenant’s expensive new vehicle, which he purchased by saving all the rent money he should have paid. Nowadays, that’s unheard of. I haven’t had a landlord tell me about a big payoff since then.”
Best practice is to start each tenancy on a credit reporting platform and, if the tenancy fails, structure a post-tenancy payment plan for less than one days’ wages a month.
MEMBERS TELL US HOW THEY’VE SUCCESSFULLY COLLECTED OWED RENT
Housing forums are full of landlords advising other housing providers to consider their money gone and not waste
time going after it. But we wanted to hear from our own members.
We asked MassLandlords members on our Facebook group how they had successfully collected on owed rent and got a handful of positive responses. Two landlords said they had seen some success going through collections agencies. One of those landlords, Peter Houser, said he had been successful in a “small percentage” of cases by doing so.
“It’s worth a shot,” Houser said. “It is pretty easy to set up with the collection agent.”
Landlord Jennifer Marquez seemed to agree with his assessment. “It took a few years but well worth it in my opinion,” Marquez told MassLandlords. “Not for the money received but for the time and hassle that the former tenant had to deal with because the collection agency took her back to court.” Marquez said she hoped the inconvenience of having to return to court would dissuade the former tenant from stiffing another landlord.
Landlord Stacey Roller-Devendorf recalled setting up a payment plan with a former tenant who paid $20 to their former landlord and then dropped off the face of the earth, never to pay again. Landlord Sherri Korman Way said that she wrote her former non-paying renter a letter stating she would report him to the credit bureaus if he didn’t pay.
“I got a check from his mom and a letter saying don’t contact us again,” she told MassLandlords. “I got my money though!”
It seems there are some small successes if you’re willing to do the legwork and chase down your money. Whether it’s worth the effort is up to you.
CONCLUSION
Evicting a non-paying tenant takes time, money and a whole lot of patience. Actually seeing the money you’re owed takes even more. It’s why we advise you to stay out of court if possible. If you can’t avoid it, then there are some benefits to getting a judgment in your favor.
You may get lucky and have a tenant who doesn’t want the mark on their credit report, so they pay what they’re owed. Or, they may have a good job they don’t want to lose, and you may be able to get a wage attachment. Maybe you keep tabs on them and have your judgment recorded when they buy property of their own. Perhaps you don’t mind setting up something with a collections agency and waiting it out.
But more often than not, it seems, in Massachusetts, that money is probably gone. ML
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Letter from the Executive Director for June 2024: Multiple Threats Inbound
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To the best of my knowledge, the eviction sealing mistake is moving forward in either the HOMES Act (193 H.4356) or the Housing Bond Bill (193 H.4138). And a dozen forms of rent control (including 193 H.3744) are still alive through July, as well. It is up to you to resolve now to take action. Our two biggest policy nightmares will be decided this month. But I haven’t heard from half of you. I haven’t seen 90% of you at events. You have to believe it can happen to us here. You have to set aside time on your calendar to do what we are asking.
ARTICLE YOU MAY HAVE MISSED
HUD Issues Guidance on Screening Tenants under the Fair Housing Act
By Kimberly Rau, Masslandlords, Inc.
Most of HUD’s advice for tenant screening boils down to nuance and communication with your applicants.
The Department of Housing and Urban Development (HUD) has issued new guidelines on tenant screening under the Fair Housing Act (FHA), with a heavy emphasis on taking a nuanced approach to approving or rejecting potential renters.
The guidance from HUD is not legally binding, however, according to attorneys we spoke with, it might as well be. These “guidelines” will almost certainly be referred and adhered to by judges when hearing cases, which means you need to understand them as well. You don’t want to have to explain to a judge why you opted to ignore HUD’s suggestions for avoiding discrimination under the FHA.
The guidance is problematic for its sweeping generalizations, many of which are patently false. For instance, the guidance states, “Records without a negative outcome are not relevant. For example, the record of an eviction proceeding has no relevance if the tenant prevailed.” That is not true. Consider, for example, the case of Gwendolyn Property Management v. Goodwin, in which landlords and other renters united but
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failed to evict a smoker from a no-smoking property. That failed for-cause case is highly relevant because the judge made the wrong decision. Rather than appeal, as a practical matter, the landlord decided to file a “no cause stated” eviction. That prevailed. The two together paint a picture of a renter wholly unsuitable for no-smoking housing, something HUD would rather not admit to.
That said, the purpose of the present article is not to rebut the HUD guidance but rather to pull out threads that do seem accurate and noteworthy.
CLARIFIED GUIDELINES APPEAR TO BE IN RESPONSE TO AI
We provide forms to our members who wish to conduct their own tenant screening. But we’re also aware that plenty of landlords prefer to use tenant screening services to vet applicants.
Tenant screening services often rely on artificial intelligence (AI) to screen candidates’ applications, which can
be problematic. AI networks have been known to produce racially biased outcomes, such as the time Rona Wang, a student at MIT, asked AI to make her casual head shot “more professional.” The result removed her Asian features, lightened her skin and made her eyes blue. Clearly, whatever the neural network was using to inform its opinion of “professional” skewed away from minorities.
HUD notes that while screening tenant backgrounds, AI-type programs could return data that is not germane to housing decisions, but may sway landlords away from approving an otherwise good rental candidate. This information could include no-causestated evictions, irrelevant criminal history or a low credit score that has a reasonable explanation. More concerning, HUD states, is that we don’t know how or to what extent AI is used in determining a company’s recommendation to a landlord.
“Generally, automated software is used to generate these screening reports, and companies tend not to disclose how this software works, including the extent to which it uses advanced technologies, such as AI,” the HUD document states.
The running theme throughout the HUD document is to avoid taking an “overbroad” approach to gathering data on your applicants. Too much data that’s irrelevant to the screening process can potentially disqualify good renters.
CONSIDER THE CONTEXT OF THE CREDIT AND CRIMINAL DATA YOU RECEIVE
Whether you run your own background check or rely on a tenant screening service to vet your potential tenants, HUD notes that you should be following up on the information you receive.
For example, we recommend you consider credit scores when conducting tenant screening, and HUD notes that the “vast majority” of housing providers
and tenant screening companies run credit checks on applicants. However, HUD notes, “overbroad screenings for credit history may have an unjustified discriminatory effect based on race or other protected characteristics.” This includes people of races statistically more likely to have inaccurate credit reports, or low to nonexistent credit scores; recent immigrants who have not had time to build a credit history; or survivors of domestic violence, who are “disproportionately women.”
HUD recommends that if you decide to screen your applicants’ credit reports, that you “avoid denials…based on an applicant’s credit score in circumstances when the applicant’s financial background has very little relevance.” This could include applicants with housing vouchers, where the majority of the rent will be paid by a third party.
HUD further suggests, as do we, that if an applicant’s credit score is too low to rent the apartment, you see if the applicant may have someone who can co-sign the lease
“Screening criteria should be waived if they are not relevant for an applicant’s individual circumstances, even if the criteria might be relevant in general (e.g., minimum income for an applicant whose rent will be paid by someone else),” the document states.
Similarly, information about arrests and convictions should be carefully contextualized.
HUD has long made clear that arrests that do not result in convictions may not be used to deny a rental applicant. But convictions also need consideration.
A background check can return a host of past convictions, but is a 20-year-old shoplifting misdemeanor really going to determine whether someone is going to pay the rent? Relevant crimes could include illegal drug manufacturing or distribution, arson, violent crimes, or recent high-level sex offenses. But again, make sure you are applying your standards fairly to every applicant.
And of course, make sure that the court records you receive actually belong to the person who’s applying for your rental. Is John Q. Smith, convicted
arsonist and meth manufacturer, really the person you’re vetting, or is it John R. Smith, mild-mannered accountant without so much as a parking ticket? Getting it wrong often disproportionately affects minority candidates.
“Often records of people bearing the same or similar names are erroneously attributed to the wrong person, a problem that is more common for last names more prevalent among Hispanic, Asian, or Black individuals,” HUD writes.
COURT DATA IS THE BEGINNING OF THE CONVERSATION, NOT THE LAST WORD
Court data is an important part of the tenant screening process, but HUD cautions landlords to make sure they are interpreting court records correctly, particularly when it comes to evictions. Eviction sealing is a hot-button issue right now, with a chance that it could make it back into the Senate’s version of the 2024 Housing Bond Bill. Proponents for eviction sealing believe that no-causestated evictions being part of the public record hurt individuals’ chances to find housing. We argue that eviction sealing is bad policy that does not allow landlords
to make informed decisions (or allow tenants to vet housing providers to see if they’re about to sign a lease with a sue-happy slumlord).
HUD urges housing providers to examine the relevance of someone’s eviction record, suggesting that evictions due to job loss are not relevant if the person is now employed, and stating that evictions as a result of domestic violence should also not be held against an applicant. It also suggests no-cause
Credit scores can be one indicator of a tenant’s financial responsibility, but HUD urges landlords to carefully examine negative credit marks for relevance. (Image: 123rf)
The new HUD FHA guidance isn’t legally binding, but it might as well be, as judges will refer to it when hearing cases. (Image: 123rf)
(sometimes called no-fault) evictions be properly contextualized and disregarded if they are not relevant to the current housing situation.
We have always recommended discussing negative results with your applicants, and we continue to. Data from masscourts.org is not the end of the discussion, it’s the start of your dialogue.
If you are already using our MassLandlords applicant qualifier, good news. You are already doing what HUD recommends for screening standards.
“Housing providers should adopt screening policies that are clear, detailed, and publicly available, and only use tenant screening services that will help them implement these policies,” the HUD document states. “Customizing the criteria, standards, and weights being used, rather than purchasing an ‘off the shelf’ product, can help ensure screenings conform to stated policies.”
Our applicant qualifier is clearly worded, can be evenly applied for all applicants, and gives you room to work with your applicants to set both of you up for success.
Further, HUD suggests not asking about credit, criminal or housing history that “falls outside the scope of their screening policies.” In other words, don’t ask for irrelevant information. Our form makes it clear that not all criminal history is detrimental to an applicant’s chance at approval, and asks for honesty in the disclosure process.
CONCLUSION
In the end, most of HUD’s guidance matches what we’ve been saying all along. Carefully review background check results and make sure you have the right person. Don’t get hung up on irrelevant details. Discuss negative results with your applicants and see if there’s a way you can make things work. Don’t discriminate, and keep your standards fair across the board.
And, as always, the buck stops with you. If a tenant screening service or AI gives you poor information, and you act on it without consideration, you could be held liable for discriminatory practices. Landlording is a business, and it’s up to you to run yours properly. Read our articles; come to our events. Utilize our members-only forms and, of course, consult with your attorney whenever you’re in doubt. ML
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Greater Holyoke Rental Housing Association Dissolves
On May 28, 2024 the Greater Holyoke Rental Housing Association (GHRHA) contacted MassLandlords to cease operations.
On May 28 Charles Monfett, Treasurer of the Greater Holyoke Rental Housing Association (GHRHA), wrote to MassLandlords to communicate that their association had disbanded. They have donated their remaining assets to MassLandlords.
GHRHA joins a list of landlord organizations that have entrusted MassLandlords to carry the work forward. We list landlord associations from 1998 to 2014 on our Chapters and History page, many of which still operate.
GHRHA are unusual in that, when they stopped operating, they formally and cleanly decided it. We thank GHRHA for attention to detail in all matters of their operations and close-out.
Other organizations that no longer operate have often petered out, leaving behind loose ends and tens of thousands of dollars of unclaimed property. The Massachusetts Rental Housing Association and the Waltham Rental Housing Association are two such zombie organizations, neither operating nor possessing any last officer with unexpired term (and therefore legal authority) to shut down. (Any MRHA or WRHA officer as of the time of their last report should contact us; we may be able to effectuate a dissolution and transfer.)
Under the MassLandlords model of pooling resources to have paid staff, we have been able to do more with less. This has been badly needed as civic participation and volunteerism have been in decline the last several decades. Plus, with unrelenting policy pressure on small housing operators, many of us have looked to larger corporate owners and sold out. When it comes to naturally affordable rental housing, Massachusetts seems to get what it deserves, which is to say, decreasing supply relative to demand. The closing of small landlord organizations reflects this larger trend.
We wish to thank Charles and the many other landlords who contributed for decades to make the Greater Holyoke Rental Housing Association a force for good in the community.
We promise to do our best to serve the many operators who continue the hard work of providing rental housing in greater Holyoke. ML
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Early plan of Holyoke, its canal system and roads, drafted by the Hadley Falls Company in 1853 and designed by Philander Anderson and assistant Samuel Chase. Holyoke is not unusual in the sense that is a planned Massachusetts city like Lowell, Lawrence and Waltham reinventing itself again and again. Holyoke is now a major center for computing with zero-emissions hydropower electricity. Public Domain Wikipedia.
July Notice for 2024 Annual Business Meeting and Elections
Our 2024 Annual Business Meeting and Annual Election will be held electronically in October 2024. Now is the time to read about our election processes and nominate candidates.
MassLandlords, Inc. is a 501(c)6 nonprofit trade association. Our mission is to create better rental housing in Massachusetts by helping current, new and prospective landlords run sustainable, compliant, quality businesses. We are democratically governed by our annual election for the statewide Board of Directors, as well as our ongoing policy priorities survey. The next annual election is in October 2024, and nominations are needed now.
TWO FORMAL WAYS MEMBERS CAN GIVE INPUT
MassLandlords members can steer our actions through two formal voting channels. The first is our policy priorities survey. The second is our annual election for director.
On December 31, 2024, a Director from our statewide Board of Directors must step down. Our form of term limits prohibits consecutive terms, ensuring that every election is an open race with no incumbent. (Any past director can run again in a subsequent year.) We use score voting (highest average score wins) instead of a plurality (most votes win). This diminishes the impact of polarization. The directors who get elected tend to be those widely accepted by the most members at the time.
MICHELE KASABULA, OUTGOING DIRECTOR
This winter we lose Michele Kasabula, whose term expires Dec 31, 2024. Michele has been a MassLandlords member since 2014, served on the Worcester Board of Advisors from 2018 through 2019, and is a Massachusetts real estate attorney. Having been an attorney since 2002, she has always approached her job as a MassLandlords director keeping in mind compliance and doing the right thing. At The Law Office of Michele F. Kasabula, PLLC, located in Sutton, MA, she will continue to represent buyers, seller and lenders in both residential transactions and small commercial real estate purchase and refinance transactions.
Will you or a colleague step up to carry Michele’s work forward with MassLandlords? We have a great team of Directors in place.
REACH OUT TO US
Each region where MassLandlords members meet has a local network and message board and in many cases a volunteer board. The local volunteer boards may be by appointment or by local decision.
You can also run for state-wide director yourself. But remember it’s a state-wide race! You will need to prepare a biography detailing what you can bring to the Board and what is your vision of MassLandlords in five years. You will also need to campaign on the message boards at a minimum.
THE BOARD OF DIRECTORS
Nominate someone for Board of Directors online or by emailing hello@masslandlords.net. Members in good standing can learn more about our bylaws and voting at MassLandlords.net/governance
Read more about our Annual Business Meeting and Annual Elections. ML
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Nominations are open for our 2024 annual election. Derivative of licensed 123rf.
The Eviction Process in Massachusetts
By Eric Weld, Masslandlords, Inc.
An outline of the eviction process in Massachusetts, from a landlord’s point of view, with estimated landlord costs and timeline.
In Massachusetts, a court eviction of a tenant can be expensive and time-consuming. The eviction court process in Massachusetts is called a “summary process.” The goal of an eviction is for the owner to regain possession of the rental unit. Often, there are alternatives to eviction to regain rental possession. However, in some cases, a court eviction is the only choice. Never attempt a “self-help” eviction on your own. Unilateral evictions are very illegal. You may never change the locks, turn off utilities or destroy your rented premises in attempts to force tenants out.
WHEN EVICTION IS YOUR ONLY CHOICE
Below is an outline of the eviction process in Massachusetts (aka summary process).
To learn more about eviction law and other essential business details, take our Crash Course in Landlording and Rental Real Estate .
Community Mediation
Massachusetts now requires court mediation as a step in the court’s two-tier eviction process. The Massachusetts Office of Public Collaboration (MOPC) uses state funding to train and supervise volunteer mediators in a different, out-of-court mediation process. Out-of-court mediation is free and may produce better results.
In FY2023, the Mass. Housing Mediation Program, part of the MOPC, oversaw 428 mediation cases:
• 77% of mediated cases reached an agreement;
• 88% of participants surveyed were satisfied with the outcome; and
• 98% of participants surveyed felt the mediation process was fair to them.
There are no income eligibility requirements. LLCs, Incs and other entities do not have to hire an attorney.
Learn more about community mediation.
HERE IS AN EXAMPLE EVICTION FOR NONPAYMENT
No two evictions go exactly the same way. This nonpayment example gives you an idea of major milestones in an eviction. Your situation will vary.
In this example, we’re assuming “best case,” meaning all parties are acting in their best interest and the process moves forward as quickly as possible absent extraordinary delay.
Some landlords may be tempted to charge a late fee for overdue rent instead of starting the eviction process. Ask yourself if this really helps. For starters, it is unlawful to charge a late fee before the rent is 30 days late, but you can file for eviction as soon as rent is one day late. What’s more, tacking on a late fee does not guarantee your tenants will pay the rent (or the late fee), and probably only serves to increase their housing debt. As you will see in the following timeline, starting the eviction process is always a good idea as Plan B; you can negotiate and incentivize alternatives in parallel.
This nonpayment eviction scenario starts in November. The apartment rent is $1,450 per month and this is a tenancy at will.
NONPAYMENT OF RENT
On November 1, the tenant sends you an apology. They explain everything going on in their life. They say they’re going to get you the rent somehow and they ask you to wait.
SHOULD YOU WAIT TO BEGIN EVICTION?
You have no obligation to wait to serve a notice to quit, unless such a grace period
is included in the rental agreement. In Massachusetts, rent is late the day after it is due and not paid. You may opt to grant your tenant a grace period, but that is not required, and we do not recommend it. If your renter is eligible for social services, waiting helps no one; many services are contingent on getting to court.
For this scenario, let’s say this is a tenant you want to keep, and you decide to give them a grace period. You wait nine more days, until November 10. The tenants are silent. You believe they are going to have to move back in with their family, but they have stopped responding to texts. You decide to start eviction by serving a Notice to Quit
Nearly every type of eviction requires you to serve your tenant a notice to quit to start the eviction process. Which notice you should use depends on your situation. For this example, we recommend you use a 30-day notice. Thirty days’ notice will cover legal obligations whatever the situation. For example, a provision of the CARES Act still requires a 30-day notice to quit for any “covered properties,” meaning the mortgage is covered through Fannie Mae or Freddie Mac.
(This means you have to be especially careful around the month of February: If you are planning to tell your tenants that they must be out by March 1, that notice will have to go out in late January to keep you in compliance with the law.)
We encourage you to 1) check our notice to quit forms for the one that applies to your situation; and
2) hire an attorney early, before you start the process.
The most bullet-proof way to deliver a notice to quit is to hire a constable, which will cost around $55. You can serve it yourself in person, but a constable gives you an independent third party to vouch that the notice was served properly.
Serving notices and many court processes may take place only on weekdays. You schedule your notice to be served on Monday, November 11. (This example uses a prior year calendar for
illustration only; specific weekdays likely will not align for the current year.)
EVICTION NOTICES: ATTESTATION FORM
If you are initiating eviction for nonpayment, you are required to include, with your notice to quit, a special state form, called an attestation to accompany a notice to quit for nonpayment
Special city forms may be required as well, in Boston, Cambridge, Somerville and others.
EVICTION NOTICES:
DELIVERY AND WORDING
Plan to serve only one notice and stick with it. Make sure you list all the reasons you are evicting them in that notice. Because this example is for nonpayment, you would say so in the notice. (But if, in a different scenario, you feared they were dealing drugs, you should use a notice for cause and list the dealing and the nonpayment as two separate causes. Only information that you include in that notice may be discussed before the judge, so make sure you don’t miss anything you mean to use as grounds for eviction.)
If you serve the notice for nonpayment and your tenant offers you payment in full, take it. Under the law, tenants have the “right to cure,” that is, make good on their outstanding debt. There are slight legal differences between leased tenants and tenants at will.
Our tenant at will in this example may stop the eviction process by paying the amount of rent owed within 10 days of receiving the notice to quit. They are allowed a right to cure only one time
within any 12-month period. (A leased tenant would also have the right to cure by paying all owed rent plus interest and landlords’ court costs at any time on or before the date their answer is due. Leased tenants are not limited on the number of times they may cure.)
Once the right-to-cure deadline passes, accept rent if you want to keep the renter, because that will end the eviction. If this is a repeat problem for you, do not accept rent.
However, if your tenant offers partial payments, you should accept that “for use and occupancy only,” and note that their back rent is still owed. Create a paper trail and note this on any checks you receive. Payments for use and occupancy allow you to be paid without ending the eviction, and also help a renter to contain their housing debt.
SERVE A SUMMONS ON THE TENANT
The notice period is over starting at midnight on Thursday, Dec. 12 (December 11 is the 30th day of notice
after the constable served your notice on November 11).
In our example, let’s assume your tenant has not moved out in response to the 30-day notice to quit. Your next step is therefore to serve a “summary process summons and complaint,” the technical term for eviction filing. You hire the constable again (unlike with a notice to quit, you must hire a constable or sheriff). They serve the summons to your tenant that day (this example is a little fast; in reality, the service would likely take one or two days). This official notice will cost you $150 all-in. You then file the summons with the court.
A NOTE ABOUT E-FILING EVICTIONS
You may e-file your summons if you are representing yourself in court, and the courts prefer you to e-file, so learn their system to do this. For attorneys and all parties being represented by attorneys, it is mandatory in Massachusetts that eviction forms be electronically filed with the court. However, with evictions, some physical paperwork is legally mandatory. For
instance, notices must be on paper (or rather, electronic notices are hard to prove correctly served). Therefore, when e-filing you must include an affidavit of compliance. This affidavit tells the court that you (or your attorney) filed your summary process using the e-filing method and that you served your tenants with the notice and the summons and complaint on paper. When you sign and submit the affidavit, you are also promising the court that you will bring the original notice and summons and complaint with you to your court date, and that you will provide the defendant copies of this paperwork if they request it.
As with all court processes, consult with your attorney before going forward.
COURT ENTRY DATE
If the tenant moves out immediately at this point, your minimum cost to evict would be $3,105, including lost November and December rent, plus constable fees.
You must file such that the Monday on or after filing is not more than 30 days from serving the summons. (If you fail to meet this deadline, your case is over.) This Monday is referred to as the “entry date.” Also, your entry date cannot be sooner than 7 days after serving. For this example, if you filed on December 12, immediately after serving, the first available entry date is December 23. This is the next Monday at least 7 days away.
SERVE THE TIER ONE COURT EVENT ON THE TENANT
Massachusetts eviction cases follow a two-tier court process. Tier one court events, aka housing specialist status conferences, are a preliminary step to help both parties explore solutions, such as rental assistance, mediation and other resolutions that could avoid further court action.
According to court rules, the tier one event must be scheduled within 30 to 60 days of the entry date. We will use January 21 for our example tier one event. You will be notified of the tier one date within “seven calendar days” of your entry date. Considering that it’s Christmas week, we will assume the full seven days, meaning you receive the
Derivative of a calendar licensed by OldCalendars.com
date, time and location of your tier one event on December 30. You must serve your tenant with the tier one court date once it is scheduled and given to you, no later than 14 days before the date of the event, which requires you to inform them by January 7. You are required to hire a constable for this service, another $55 fee. (For those counting, this makes three constable visits before you even get to court.)
The tier one event is a mediation. Any agreements arrived at with tenants during tier one will be legally binding. Attendance is mandatory for both landlord and tenant. The court will default tenants for not appearing. Your case will be dismissed if you do not appear.
The tier two event is a trial, in case the tier one event did not resolve the case. This will be scheduled two weeks after the tier one event, February 4 in our example. Notification of the tier two event will be provided to both parties by the end of the tier one event if no agreement is reached.
TENANT MAY FILE AN ANSWER, CALL FOR DISCOVERY
Tenants are allowed to file an answer to the court summons. The answer must be received by the court no later than three days before the date of the tier one event. They may express their defense and/or file counterclaims against the landlord.
There are four main tenant defenses: 1) implied warranty of habitability (your place is not suitable for habitation); 2) covenant of quiet enjoyment; 3) security deposit law; and 4) Chapter 93A, unfair and deceptive practices. Other defenses are also possible.
They may also request discovery from the landlord. This must be filed three days before the tier one court event date. Discovery may require landlords to open selected files for the renter, including rent rolls, proof of security deposit compliance, rental agreements, insurance policies and other records.
With discovery, two things happen:
• You decide to hire an attorney (a very wise idea once discovery is called; you should have hired one before even serving a notice). The attorney will cost at least $1,000.
• Your trial date slips out two weeks.
Without discovery, we will assume the two-week rule, with a trial date of February 4.
TENANT MAY APPLY FOR RAFT
At any point during the eviction process, your tenant may apply for rental assistance, or RAFT (Rental Assistance for Families in Transition). Because a law was enacted during Covid, and remains in place, that requires courts to suspend eviction cases while a tenant’s rental assistance application is pending, this action will cause further delay.
If their rental assistance is granted, it may settle the matter. You will receive rent owed and their delinquent tenancy is cured. The amount of rental assistance may not cover all the rent owed. In that case, you will have the option of either forgiving the owed amount, negotiating a payoff of the remainder owed, or starting over with eviction or other alternatives.
If their application is denied, the eviction may continue, with a trial date delayed, we’ll say, another three weeks.
ATTEND TRIAL
Your tenant applied for RAFT on the day you were scheduled for trial, February 4. Your tier two event, the trial, was delayed. RAFT was denied three weeks later (a typical turnaround time), on February 25. Your attorney moved to reschedule trial. This motion was granted, and the trial was scheduled at the next available time, two weeks after that, March 13. You and your tenant spend that day in housing court.
With February rent unpaid, and a court date set in mid-March, you are now up to five months of lost rent, plus attorney’s fees and court costs, increasing your total costs to $8,510.
APPEAL ENDS
If you win your eviction case during trial, the tenant has 10 days in which to appeal. This period expires on March 23 (we’ll assume you did a good job and the tenant and their attorney decide not to appeal).
MOTION FOR EXECUTION
Once the judgment has been issued and no appeal is made, you can get a motion for execution. This is necessary to enforce
Derivative
the eviction. Because your tenant’s appeal period ended on a Saturday, your motion for execution is granted on Monday, March 25.
Once the motion is granted, typically within a few days, you can hire the constable again to serve the execution notice.
At this point, you could tell the tenants you will have them physically removed unless they leave on their own. It might nudge the tenants to move out voluntarily.
Odds are that if they haven’t moved by now, the end of March, they’re not going to. We don’t recommend waiting for them to leave.
Execution Option Two: Start the Physical Eviction
Hire the constable to deliver an actual notice. You will have to coordinate with the constable and the mover. The notice must give 48 hours.
The constable delivers the notice of execution on Wednesday afternoon, March 27. This means the 48-hour notice will end on Friday afternoon, likely too late to arrange movers and a constable present. Your eviction day moves to Monday, April 1, with another month’s rent lost.
According to an eviction mover we spoke with, approximately half of tenants will move out on their own at this point. Do not think “option one” above is worth trying: The tenants that move on their own do so because the final legal process with full official notice is now taking place.
Note that, depending on the availability of movers, physical removal may actually take weeks to schedule.
LEVY OF EXECUTION: EVICTION DAY
Evictions take place Monday through Friday except on holidays. You need either yourself or your authorized representative there, plus the moving company, plus a sheriff or constable to start the proceedings. You will be able to change the locks after the tenant property has been moved out.
Only a licensed, bonded, insured mover may be hired for an eviction move-out.
The moving company will probably cost at least $1,000. Shop around. Some movers have charged as little as $500 per room, others have $3,000 minimums. The constable or sheriff will cost around $300. Storage of tenant property, if they
have not selected a new residence, will cost at least $750.
As you’re budgeting for eviction, you also want $350 for insect extermination and at least as much for cleaning, just in case the apartment is a disaster.
TOTAL COSTS AND TIME
In this scenario, lost rent (six months) was $8,700, pre-trial costs were $260, trial costs were at least $1,000, and post-trial costs were more than $2,400. Your total losses are well into five figures.
The calendar time was 154 days from first non-payment to a legal move-andstore of belongings. We assumed the tenant took full advantage of their basic legal remedies. However, this scenario assumes a shorter time frame than it could be. For example, if the tier one event were scheduled 60 days out instead of 30, or if your tenant applied multiple times for RAFT, this eviction could be stretched out indefinitely.
In a real eviction, additional delays might also be imposed by the judge for hardship or for someone messing up the paperwork. When in doubt, hire an attorney.
CASH FOR KEYS ALTERNATIVE
Considering the substantial money and time an eviction could cost you, cash for keys is an alternative to court that may be a win-win for both you and your tenant. If you are foreseeing a long legal battle and removal before you can evict, offering your tenant a cash incentive to leave may save
you money and allow you to rent out your unit again.
Essentially, offering “cash for keys” means you agree not to sue your tenant, and your tenant agrees to leave the unit, give you the keys, and not take you to court. This is completely legal, and may save you a lot of money (remember, even if you win in court, it may be impossible to collect back rent from tenants.)
In our example, if you paid your tenant, say, $5,000 in early November and they agreed to move out, you would be way ahead compared to eviction. You’d lose the $5,000 plus November rent, $1,450, for a total of $6,450. But assuming you got a tenant for December, you could subtract five more months’ rent from your losses in a court eviction, plus attorney and constable fees, for a net savings of more than $5,000.
If you do cash for keys, pay your tenant after they give you the keys and you confirm the rental unit is empty. You may be unhappy about the condition of the unit. Remember, the goal is to get possession back. You can fix the unit and move on to the next tenant. This 2018 interview with two experienced landlords discusses the advantages of cash for keys, among other issues.
EVICTION REALITIES
Sometimes eviction is the only option. But if you plan to go to court to evict your tenant, make very certain you have managed their tenancy and rental unit to the letter of the law. There are any number of pitfalls during the eviction process that
can cause it to backfire. Has the rental unit adhered to the state sanitary code for the entire tenancy? Did you manage the security deposit according to the law? Did you handle complaints reasonably and in a timely manner? A savvy renter, or one who enlists legal advocates, could exploit legal vulnerabilities to poke holes in your eviction case with disastrous results.
Our advice before moving on eviction: review this page, know Massachusetts’ eviction laws, and hire an attorney.
RELATED PAGES
• Eviction Statistics
• To Evict or Not to Evict? That is NOT the Question! (November 2018)
• 5 Eviction Myths in Massachusetts
• Most Massachusetts Eviction Laws (MGL Ch 186)
• Rent Withholding, Domestic Violence, and other special Eviction Laws (MGL Ch 239)
• Hatcher Decision (June 2018)
• Cambridge Street Realty v Stewart Hits 30 Months and Counting (May 2019)
• Massachusetts list of bonded movers and storers
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Rental Application v20 Released: Big Upgrade
New application continues to extend equal housing opportunity while going into detail about renter ability to succeed in our housing.
In early June we released version 20 of our rental application This new Word document is a substantial departure from the previous Excel spreadsheet, making it easier for each of us to edit as necessary. We also provide several conceptual improvements, including checkboxes, room for detailed prior residences and the chance to describe educational attainment. Our rental application can be a primary tool for providing equal housing opportunity without relying on “gut feel” about whether a renter will succeed.
NEW CHECKBOXES FOR MULTIPLE CHOICE ANSWERS
The previous application tended toward ambiguity for certain questions. For instance, previously we had written, “Driver’s license number (if applicable).” This implied to many that identification was optional. (We recommend identification be mandatory.) The new application gives a list of valid and accepted forms of identification and clear checkboxes for “Which will you be providing?” Non-driver identification cards and international passports are allowed and fairly considered.
EXPANDED PRIOR HISTORIES
It is unfortunate for renters, but as eviction becomes harder and harder, good renters have to jump through more and more hoops to distinguish themselves. Our residence history now looks back seven years. Renters must now explicitly indicate if they neither owned nor rented the place (e.g., were couch surfing). This helps us identify valid references (or lack thereof).
Since many households are working multiple jobs and also receiving public assistance, we now provide four primary areas for applicants to detail means of paying. This includes their first two jobs and first two forms of public assistance, including child support.
Because the application now requires so much information, we encourage applicants to fill it out once and reuse it with every landlord who accepts the standard MassLandlords application.
EDUCATIONAL ATTAINMENT
Nothing brings a landlord’s face to their palm faster than a renter who wrecks their apartment through ignorance, like turning the heat off before leaving for a winter vacation. For those of us who do not specialize in life skills training for our customers, we now provide two different areas for landlords who wish to evaluate
a renter’s educational attainment. We accept information about formal degrees as well as all other non-academic licensure and training. For example, there is a space for a licensed cosmetologist or plumber to differentiate themselves by saying so. In-progress education can also be listed. So can returning citizen (post-incarceration) internships and other experiences. Our default applicant qualifier now for the first time weights formal educational attainment in certain contexts. Interested owners and managers can expand on this to award or deduct points specifically based on an applicant’s demonstrated ability or intent.
“BAN THE BOX” ENCOURAGEMENTS
Increasingly we are seeing pressure on housing providers to give equal housing opportunity by not asking certain questions (see for instance “eviction sealing”). We anticipate these possible negative outcomes by stating that not all prior histories are relevant. We still encourage renters to provide truthful and accurate information for discussion purposes in accordance with applicable law. It is much better for an applicant that they disclose and justify a prior incident before we see it. Lying remains a recommended disqualifier.
FILLABLE FIELDS
For the first time, our application now comes in three formats: word, PDF, and a third “fillable” PDF that can be typed into. This can be loaded into any software that recognizes fillable fields, like DocuSign, for a renter to complete online. The fillable version is not customizable unless you have your own Adobe subscription.
LATEST RENTAL APPLICATION SUMMARY
Overall, our latest rental application provides equal housing opportunity while helping you avoid the disaster of eviction. We encourage all landlords to join as a member to download our rental application ML
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Federal Government Announces Overdue Raised Efficiency Standards for Residential Water Heaters
By Eric Weld, Masslandlords, Inc.
The DOE’s first water heater efficiency update since 2010 will be essential for meeting Massachusetts’ decarbonization goals while saving on home energy costs.
The federal government’s recent adoption of raised energy efficiency standards for residential water heaters is expected to trigger a big boost in heat pump conversions for heating water. The raised standards are also projected to save consumers billions of dollars on energy bills, ease pressure on electric grids and help meet states’ decarbonization goals.
The new standards were announced in late April 2024 by the U.S. Department of Energy (DOE) and will go into effect in 2029, five years after the date of publication, as mandated by federal law. Once the higher standards kick in, they are set at such a level that most water heaters of commonly used sizes will be required to meet higher efficiencies using heat pump technology.
The department projects that the new standards will result in a 50%-plus increase in heat pump technology for electric water heaters manufactured in 2029 and beyond. Only about 3% of these water heaters use heat pumps today, notes the announcement.
WATER HEATER EFFICIENCY
UPGRADE LONG OVERDUE
Electric water heaters are the current leaders of the residential product market, having nudged ahead of gas-fired water heaters in recent years.
The new efficiency standards apply to gas- and oil-powered and electric resistance storage water heaters, as well as instantaneous (aka tankless or “ondemand”) gas-fired and electric water heaters, and tabletop and grid-enabled water heaters. Storage tank water heaters across energy uses are by far the most common option for American households. But tankless water heaters are gaining market share in recent years. These models can be more efficient because they only heat water as it is needed, as opposed to constantly maintaining a tank of heated water. They are also smaller and take up less space.
The Department of Energy’s recently raised water efficiency standards is projected to result in a 50%-plus increase in heat pump water heater sales such as this one when they take effect in 2029. Today, only about 3% of water heaters use heat pump technology. Image: cc by-sa David Dodge, Green Energy Futures, flickr.
The DOE estimates that the raised efficiency standards will save homeowners about $7.6 billion annually on energy and water bills. They will also reduce collective use of electric grids, a growing concern as millions of households convert to all-electric energy. And over a 30-year span, as Massachusetts and other states aim to eliminate carbon emissions, these standards are expected to reduce polluting carbon emissions by 332 million metric tons nationally. That’s the equivalent of carbon emissions of nearly 43 million American homes each year, the DOE estimates, and is “the largest savings ever from a single DOE efficiency standard.”
This is an efficiency standard update that’s long overdue. Water heating technology and capabilities have vastly improved since the last time efficiency standards were updated for these products in 2010. The Biden administration has worked to update a slew of energy efficiency standards that had long gone unattended, including standards for lightbulbs, heat pumps, air conditioners, kitchen appliances, commercial and industrial equipment and affordable housing.
Reducing water heater energy is an essential component for meeting carbon dioxide emission reductions.
TIME TO CONVERT WATER HEATERS TO HEAT PUMPS
Heating water takes up a large percentage of home energy, some 18%, the secondlargest energy user next to heating and cooling. And while home heating/cooling has seen a substantial uptick in heat pump adoption, water heating has not. Though heat pump water heater (HPWH) sales have been on the increase in recent years,
they still accounted for only 2% of the water heater market in 2022. And while electric water heater sales have surpassed gas-powered water heaters, most of those are still far less efficient electric resistance units. A percentage of homes also uses oil and propane to power water heaters. A smaller percentage uses solar water heaters
For many heater types and uses, complying with the new efficiency standards will only be achievable by using heat pumps.
Converting homes and multifamilies to HPWHs has become a pressing concern as part of Massachusetts’ pursuit of carbon neutrality. Even if 100% of home and building owners were to successfully adopt heat pumps for heating and cooling, failing to also convert water heating would result in a sizable shortfall of our decarbonization goals.
COMMERCIAL WATER HEATER STANDARDS ALREADY RAISED
On Oct. 6, 2023, the federal government approved updated efficiency standards for commercial gas water heaters, under the Energy Policy and Conservation Act (EPCA). These raised standards apply to commercial gas-fired storage and tankless water heaters. The rule does not apply to electric water heaters.
The new standards will take effect by EPCA mandate on Oct. 6, 2026, three years to the day that the standards were published by DOE.
Commercial gas water heater standards are measured in Thermal Efficiency (TE). Commercial gas storage water heaters will be required to have TE of 95%, while tankless products will be required to rate TEs of at least 96%. To achieve these standards will not necessitate use of heat pump technology across the commercial sector. Rather, DOE documents cite the need for several technology changes: “Condensing heat exchanger, forced draft, blower, premix burner, increased heat exchanger surface area.” Residential systems are the first to move toward “all heat dump” because residential hot water is used in bursts that give heat pumps adequate recovery time.
HIGHER UEF = BETTER EFFICIENCY
Residential water heater efficiency is measured by the DOE using a metric
called the Uniform Efficiency Factor (UEF). This is a replacement of the Efficiency Factor (EF) metric used before 2017. UEF aims to make measurements more consistent across products, sizes and real-world usages.
UEF measures efficiency by comparing the energy used by a water heater to do the work of heating water versus the percentage that is dissipated (i.e., only heating surrounding product components and air). The higher the UEF, the more efficient the water heater, and the less it will cost to run. The UEF metric breaks down all water heaters into categories of daily usages, such as low, medium and high.
Most American homes use storage tank water heaters, either powered by electric resistance or, like this one, by gas. Storage tank heaters draw in water to a large tank, typically 50-80 gallons, and run power as necessary, 24 hours a day, to keep water in the tank hot and ready for use when taps are turned on. Image: cc by-sa tomwsulcer Wikimedia commons.
Heat pump water heaters consistently reach much higher UEFs than other model types. Gas-fired and electric resistance water heaters (tankless and storage tank) might score UEFs in a range between 0.65 and 0.95, meaning they can operate at 65% to 95% efficiency. At the high level, this means 5% of energy used to run the unit is wasted. Again, tankless heaters may achieve better UEFs than storage tank products. But heat pump water heaters at all usage levels far surpass
ratings of conventional types with UEFs ranging between 2.75 and 3.5. In other words, a heat pump water heater produces heated water at a rate of 2.75 to 3.5 times the energy used to operate the product, measured in kilowatt/hours (kWh). This is possible because heat pump water heaters carry heat from the air around them into the water. A small amount of energy input carries a lot of heat.
Examples of new regulations include electric storage water heaters of more than 55 gallons and less than 120 gallons (a common residential size), which will be required to have a UEF of between 1.9 and 2.4, depending on draw size and rated storage volume. Instantaneous electric water heaters will be required to rate UEFs between 0.91 and 0.92 (a value less than one implies it is mostly if not all electric resistance, without a heat pump). All new standards are listed for each water heater type in an Electronic Code of Federal Regulations (ECFR) chart
This higher efficiency will translate into energy savings every time hot water is used, adding up to thousands of dollars over the life of the water heater.
ADVANCED WATER HEATING INITIATIVE (AWHI) TO THANK
This dramatic reduction in emissions is possible because of the work of a nationally supported, locally run partnership called the Advanced Water Heating Initiative, based in Portland, Ore. This organization has collected all the U.S. water heater manufacturers to share best practices and collaborate on heat pump water heaters. They hold quarterly meetings, which MassLandlords Executive Director Doug Quattrochi attends as a stakeholder participant.
“It’s hugely exciting to see AWHI at work,” said Quattrochi. “They have managed to pull together everyone, including plumbers, developers, manufacturers, scientists and public officials. And they’re really doing it. These emissions reductions are real and massive, and the cost savings are there, too.”
AWHI members will likely play a significant role in Massachusetts starting in 2025, when heat pump water heaters are expected to be funded at 100% in certain environmental justice communities.
DON’T FORGET HOT WATER CONSERVATION
In addition to converting to more efficient HPWHs, water heating savings could also be realized by habit and usage changes. Americans use a lot of hot water, 80 to 120 gallons a day for the average
household, for washing dishes, bathing, laundry and other uses. Our penchant for hot water costs us $400 to $600 per year.
Strategic hot water use can be an important way to kill germs and effectively clean food off dishes and daily grime and oils off of bodies. But a few simple changes can reduce usage significantly and save energy.
Most simply, telling your renters to set their washing machine for warm or even cold water can save a surprising amount of energy over the course of a year. Modern laundry detergents are formulated to clean just as effectively at lower temperatures, so there’s usually no reason to wash clothes with hot water.
Also, wherever possible, install low-flow fixtures in all showers and faucets. Have a plumber check for and fix any pipe leaks and insulate hot-water lines.
Maybe most importantly, invest in newer, Energy Star-certified appliances like dish and clothes washers. The biggest cost of washing clothes and dishes comes
from heating the water. If your renters use cold water for washing clothes and a more efficient dishwasher, they will save on that ongoing energy cost and you will tend to experience longer tenancies with less turnover.
And certainly, in the next five years, in the interim until compliance with the new DOE efficiency standards becomes mandatory, replace your conventional water heater with a heat pump model at the first opportunity. It is a wise and cost-effective practice to know your “end of life” year for each water heater and to replace it preemptively rather than waiting till it breaks or dies. ML
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Tankless water heaters – also known as demand-type or instantaneous – such as these Rennai gas-powered units, are becoming more common in American homes. Instead of storing and maintaining hot water around the clock, tankless heaters bring cold water into the unit as hot water taps are turned on, sends the water through a heat exchanger and runs the hot water to the faucet as needed. Image: cc by-sa Behrat Wikimedia commons.
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The MassLandlords Crash Course in Landlording: Elevate Your Landlord
Learn everything you need to succeed as an owner or manager of residential rental property in Massachusetts.
This fast-paced course is strictly limited to 16 participants to allow for detailed discussion and Q&A. Course tuition includes:
• Small group session with the Executive Director, a trained presenter and experienced landlord, and the attorney.
• A comprehensive agenda, see below.
• Your choice of two books:
o Every Landlord’s Tax Deduction Guide by NOLO,
o The Good Landlord by Peter Shapiro,
o Getting to Yes by Roger Fisher, and/or
o The Housing Manual by H. John Fisher.
• A bound summary of all material presented.
• Breakfast pastries, coffee, tea.
“I simply wanted to reach out and express just how happy I am to have attended the landlording crash course. The presentation and delivery of the information was flawless and I certainly have walked away with a greater understanding of the intricacies that govern being an above average landlord/ manager.” – Michael Murray
“Mr. Quattrochi presented the course in a comprehensive and easy to follow step-by-step format. His PowerPoint
presentation was provided to us, in a binder, as part of the course, and I took notes right on the pages. I find this part to be an effective tool because I can refer to it anytime I need to follow procedure. There’s more to it, but for a fun day, I personally, recommend this course to anyone in the Real Estate landlording/investing business, beginners in this profession as well as experience professionals.” – Edwin Rivera
“This has really been a great deal. 2 books, 8 hours ‘class’ time, bound notes/slides -impressive value!” -Dawn
“I found this course extremely useful. It was completely professional and gave me a great new perspective.” -Nicholas
“I’m glad there was more in depth discussion than just reading off the slides. I appreciate the opportunity for questions and practice.” -Crash Course Graduate
“If I had done this 20 years ago. Oh my goodness!” -Crash Course Graduate
“Great overview of being a landlord in MA” -Crash Course Graduate “Covered a lot of ground concisely, but still enough time for questions and insight. Worth every penny.” -Crash Course Graduate
MassLandlords Executive Director Doug Quattrochi
Experience
REGIONAL
Instructor Attorney Peter Vickery kery, Esq. Attorney and Counselor at Law, is also MassLandlords Legislative Affairs Counsel
Part of this presentation will be given by Doug Quattrochi, Executive Director, MassLandlords, Inc. Doug was a founding member of MassLandlords in 2013. He became the association’s first Executive Director under new bylaws in 2014. Since then, he has scaled the organization from a core of 160 members in Worcester to approximately 2,500 dues paying businesses from Pittsfield to the Cape, and from an all-volunteer team to approximately 20 full and part-time staff plus 50 volunteers. Doug has been instrumental in advancing democratic governance mechanisms, including score voting for policy priorities and a staggered and democratically elected Board of Directors. Doug also oversees the RentHelper spin-off, which is expanding access to electronic banking for those of us who are unbanked or underbanked. Prior to MassLandlords, Doug held leadership roles in various Massachusetts startups, two of which are still operating. Doug holds a Master of Science in Aerospace Engineering from the Massachusetts Institute of Technology.
“Doug’s presentation was excellent. He was very clear and provided detailed explanations.” -Larry “Doug always holds very informative classes full of substance and Very organized!” -Thomas “Your answers to member’s questions were most helpful.” -Liz
Part of this presentation will be given by Peter Vickery, Esq.. Attorney Vickery practices law in Western Massachusetts where he focuses on landlord-tenant law
(representing landlords in Housing Court) and discrimination defense (representing business owners in the Massachusetts Commission Against Discrimination). He graduated from Oxford University (Jesus College) with a BA in Modern History; obtained his Post-Graduate Diploma in Law from the University of the West of England in Bristol; his JD from Boston University School of Law; and his Masters in Public Policy & Administration from the University of Massachusetts, Amherst. Attorney Vickery served one term on the Governor’s Council (the elected 8-member body that approves or vetoes the governor’s choice of judges in Massachusetts) and on the State Ballot Law Commission. As Legislative Affairs Counsel for MassLandlords he drafts bills, bill summaries, and testimony in the area of housing law, and writes amicus briefs in cases that have strategic significance for rental-property owners.
Purchase your ticket in just a few clicks!
Public attendees can purchase your ticket in just a few clicks!
“NO SALES PITCH” GUARANTEE
MassLandlords offers attendees of directly managed events a “No Sales Pitch” guarantee. If a guest speaker offers services, their presentation will not discuss pricing, promotions, or reasons why you should hire them. We do not permit speakers to pay for or sponsor events. Guest speakers are chosen for their expertise and willingness to present helpful educational content. Your purchase of an event ticket sustains our nonprofit model.
SATURDAY, SEPTEMBER 14TH
CRASH COURSE AGENDA
IN-PERSON COURSE AGENDA
• 8:30 am - Introduction of MassLandlords and course participants
• 8:45 - Rental markets
o Urban, suburban, rural.
o Luxury, college, professional, working, subsidized, rooming houses.
o Airbnb.
• 9:00 - Property selection
o Lead paint.
o Charging for utilities.
o Climate change risk.
o Heat pumps.
o Vinyl plank vs. hardwood floors.
o Landlord trade-offs repairs vs. cleaning.
• 9:40 - Marketing and advertising
o Getting the right applicants.
o Small business branding tips and tricks.
o Where to advertise.
• 10:05 - Break for ten minutes
• 10:15 - Finish marketing and advertising
• 10:35 - Applications and tenant screening
o Criminal, credit, and eviction background checks.
o Discrimination and fair housing.
o Interactive tenant screening workshop.
o Section 8.
• 11:30 - Tenancies
o Lease vs Tenancy at Will.
o Move-in monies.
o Security deposits.
o Pet rent.
• 11:50 - Break and Lunch, with free form Q&A
• 12:20 - Warranties and covenants
o Water submetering.
o Sanitary code.
o How to raise the rent fairly.
o Support animals.
• 12:40 - Dispute resolution
o Eviction notices to quit.
o Court process.
o Move-and-store
o Relocation assistance.
• 1:40 - Break for ten minutes
• 2:50 - Maintenance, hiring, and operations.
o Tax advantages.
o Property managers.
o Contractors.
o Building permits.
o Extermination
o LLCs and trusts.
o Grants and alternative funding.
• 3:10 - Break for five minutes
• 3:40 - Overview of books and resources for further education
• 3:45 - Review of unanswered questions
• 4:00 - End Course
Please note that end time may vary based on questions.
REGIONAL
MassLandlords Thanks Our Property Rights Supporters
Property Rights Supporters make monthly contributions earmarked for policy advocacy.
OWNERS COOPERATIVE
$100 and Up Arrow Properties, Inc. Curtis Corliss. Jim Duffy. Fairfield Realty Trust. Haddad Real Estate. Hilltop Group Holdings. Rich Merlino. Stony Hill Real Estate Services. OWNERS CLUB
$50 to $99 Erin Zamarro, Real Estate Broker. Foxworth Properties, llC. Michael Goodman. Harbor View Realty Trust. Hilltop Realty. Mike Horgan. Brian Keaney. Mary Norcross. Jim O’Brien. PCPA llC. Shamrock Management. Slope Properties llC. Bob Smith. Michael Totman. urban lights llC. Witman Properties Inc.
WORKING TOGETHER CLUB
$20.25 to $49 557 union Avenue Realty Trust. yan Alperin. Beacon Hill Property Management. Broggi R.E. & Property Mgmt Inc. linda Caterino. McCharles Craven. CHElSEACORPllC. Sean Doherty. Michael Donahue. Bob Finch. lucille Fink. Dana Fogg. Royce Fuller. GMC Property Management llC. Haverhill Multi-Family, llC. JCCarrig Real Property. Karen Jarosiewicz. King Craft Property Mgmt. Matthew Maddaleni. Kristina Midura-Rodriguez. Vincent Monaco. Jill Monahan. Darlene Musto. Alex Narinsky. liz O’Connor. Olson Apartments. Glenn Phillips. Cheryl Popiak. Ted Poppitz. Chris Rodwill. Alexandra Schoolcraft. South Shore Apartments, Wembley llC. The Claremont living llC. Webber and Grinnell Insurance. lorenzo Whitter.
WORKING TOGETHER CIRCLE
Up to $10 1020 Overlook llC. AAMD MGT. Bernard Welch Realty Inc. Chris Adler. Bob Allen. lori Amara. Rob Barrientos. Ray Boylan. Broggi R.E. & Property Mgmt Inc. Nigel Brooks. Corofin Properties. Demers Enterprises. Nisha Deo. liz Dichiara. Dietschler Properties. Energywise homes, Inc. Deborah Entwistle. Matt Explosion. Cristina Ferla. Margaret Forde. Justin Forkuo. Forge Property Management. Alan Fournier. Ross W. Hackerson. lori Haims. Hancock Holdings llC. Mike Hempstead. JD Powers Property Management llC. JMG Realty & Investments. Catherine Jurczyk. Kee 55, Inc. Agency Account C/O Ercolini. John Kubilis. Altagracia lama. Jo landers. Geri ledoux. Sean lopez. MassBay Group. Shane McGlone. Ana Monte. Murphy Realty. Michael Ozog. Mary Palazzo. Benjamin Perry. Jesse Pianka. PJM Property Management. Alvan Pope. Tara Pottebaum. Property Realty Group llC. Douglas Quattrochi. Kathryn Rivet. lisa Rizza. CaryAmy Rose. Michael Siciliano. Jonathan Siegel. John Siri. Joann Strub. Summit Rentals llC. Topaz Realty Trust. Vadim Tulchinsky. Snaedis Valsdottir. Mark Waitkevich. Stuart Warner. Westmass Apartments llC. Carole Winkler Wells. Kim Wu.
One-time and bespoke donations sincerely appreciated, too numerous to list here.
To join, complete a pink sheet at any Masslandlords event or sign up online at Masslandlords.net/property
REGIONAL
LOCATION
Realtor Association of Pioneer Valley
221 Industry Ave
Springfield, MA 01104
Food
• Breakfast:
o Fresh bagels, large muffins, cinnamon rolls, coffee cake slices and scones with cream cheese, butter, and jam
o Fresh fruit platter
o Assorted fruit juices and coffee
• Lunch:
o Assorted gourmet sandwiches
o Garden salad
o Pasta salad
o Assorted pastries
o Soda, juice, water
*Dietary restrictions: Purchase a ticket and set your preferences at My Account one week prior to the event or earlier. Once set, preferences remain set for future events. Masks welcome! Eating and drinking is not required. Please note: as we are unable to monitor the buffet, we are
unable to offer a reduced ticket price for attendees who will not be eating.
PRICING
Open to the public. Membership is not required!
• Public: $275
• Members: $250
This event will not be recorded. Slides and handouts if any will be uploaded to Massachusetts Crash Course in Landlording and Rental Real Estate
Purchase your ticket in just a few clicks!
Public attendees can purchase your ticket in just a few clicks!
This event is operated by MassLandlords, Inc. staff. This Crash Course counts for continuing education credit for Certified Massachusetts Landlord Level Three. Beep in Leave feedback/beep out Want to speak at a MassLandlords meeting? Submit a speaker request.
This is part of the Virtual rental real estate networking and training series.
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One Broadway, Floor 14
Cambridge, MA 02142
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