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  RECENT DEVELOPMENTS

EVICTIONS UNDER COVID-19

Both residential and commerical evictions in Massachusetts under COVID-19 have changed dramatically. Summpary Process, so named because it is an abreviated version of the traditional civil process is no longer summary. The Summons and Complaint that allowed you as landlord to pick a trial date is no longer in use, at least for the time being. Instead a new version of the Summary Process Summons and Complaint must be obtained from the Housing Court where you intend to file the eviction (Summary Process Summons/Complaints are not interchangeeable from one Housing Court to another because the name, addressj, and phone number of the Housing Court where you are filing is now on the top upper left hand corner of the Summons). The form no longer allows you to fill in a trial date. Instead a trial date is "To Be Determined by the Court." You still must fill in a service date and an Entry Date and the service date must be at least 7 days before the entry date. Also missing is the language telling the tenant when to file an answer to the Complaint, where to file it and where to get a form to use as an answer. In the section where the landlord previously set out the date and time for trial the new form states that "THE COURT WILL WEND YOU A NOTICE OF THE DATE, TIME, AND MANNER OF YOUR COURT EVENT." In addition when you receive the proof of service back from the Constable or Sheriff you now have to file 3 other documents with the Summons/Complaint. One, unrelated to COVID is an affidavit attesting that you have the original of the return of service in your possession because you must now file online and the court only gets the copy when you file online. The other two documents are a CDC affidavit in which the landlord or attorney attests that they have not received notice from the tenant that their eviction is barred because the tenant has sent the landlord a declaration under the Center For Disease Control's regarding the temporary halt in Evictions. The above is not a complete list or requirements for evictions under COVID and does not contain the details of the CDC declaration/affidavit and the rules regarding non compliance. It is not intended to be an exhaustive list of all legal requirements for evictions at this time and should not be relied on as legal advice but viewed only as an outline of Summary Process practice currently in effect.

COMMERCIAL EVICTIONS

There are different but simpler rules for Commercial evictions, one being that the CDC declaration is not required. In addition you can still pick a date for the trial of a commercial eviction. Commercial evictions are still filed on the District Court and not in the Housing Court.

EMPLOYERS CAN REQUIRE COVID TESTS FOR EMPLOYEES

Employers can legally require employee to take a COVID test is they come to work and appear to have current symptoms of being infected. While this is considered a physical exam, normally not allowed, it is allowed if the COVID test is job related and consistent with business necessity. Clearly under current circumstances of the COVID-19 pandemic employers can test employees entering the workplace to see if they have COVID-19 because an individual with the virus will pose a direct threat to the health of others.

EMPLOYERS CAN REQUIRE EMPLOYEES TO BE VACCINATED

Employers can require employees to be vacinated against COVID as a condition of employment. That is because the EEOC has ruled that a vaccination is not a medical exam and thus the Employer is free to require one as a condition of employment. NOTE: Due to constant change in the scope and course of the COVID pandemic rules and laws regading employers, employees and COVID are constantly changing. This website is updated to keep its content current but it cannot be relied upon as legal advice. For specific questions consult us regarding the current law on employers and employees and COVID.