CITY OF SOMERVILLE, MASSACHUSETTS

MAYOR’S OFFICE OF STRATEGIC PLANNING & COMMUNITY DEVELOPMENT

JOSEPH A. CURTATONE

MAYOR

GEORGE PROAKIS

EXECUTIVE DIRECTOR

OFFICE OF HOUSING STABILITY

ELLEN SHACHTER DIRECTOR

CITY HALL ANNEX ● 50 EVERGREEN AVENUE ● SOMERVILLE, MASSACHUSETTS 02143

(617) 625-6600 EXT. 2581 ● FAX: 617-591-3233

www.somervillema.gov/ohs

FREQUENTLY ASKED QUESTIONS

HOUSING STABILITY NOTIFICATION ACT – SOMERVILLE ORDINANCE 2019-19

Disclaimer – This guidance constitutes general information and does not constitute legal

advice. It is not a substitute for advice specific to a particular situation, nor does it mention

every aspect of the law that may apply to a particular situation. For specific questions,

tenants should contact an attorney.

1. What is the Housing Stability Notification Act?

The Housing Stability Notification Act (HSNA) aims to promote the housing stability of

Somerville residents by requiring landlords to provide tenants with Notice of tenants’ rights

and resources (hereinafter both collectively “Notice”) in the event that a landlord is ending a

tenancy.

This HSNA also requires foreclosing owners (owners of a foreclosed upon property such as

banks or those who purchase from banks) to provide the same Notice to former owners who

are facing eviction.

2. When did this Act become effective?

The HSNA became effective on December 26, 2019. See the important note in the answer to

Question 4 below.

Prepared by the Somerville Office of Housing Stability.

Updated December 2020

3. Why was this Act passed?

This Act was passed to ensure that tenants/former homeowners understand their rights when

their tenancy or residential occupancy is terminated and are informed about agencies that

may be able to assist them. In many cases agencies can assist tenants to obtain funding to pay

back-rent or services necessary to stabilize tenancies and avoid evictions. In addition, based

on statewide statistics, only 8% of tenants have legal representation in eviction actions and

more than 70% of landlords are represented. Where it is not possible to resolve eviction

issues pre-Court, HSNA will provide tenants/former owners a better opportunity to obtain

advice and/or representation.

4. As a landlord, what are my responsibilities under this new Act?

When a landlord/foreclosing owner serves a tenant/former homeowner any notice to quit or

notice of lease nonrenewal or expiration, they must also simultaneously provide a Notice of

tenants’ housing rights and resources.

This Notice must include a list, with contact information, of organizations available to assist

tenants/former homeowners. Note: This list and information on tenants’ rights in eviction

actions will be prepared by, and available in English, Spanish, Portuguese, and Haitian Creole

at somervillema.gov/ohs. The documents should be provided in your tenant’s primary

language, if known.

Where a landlord is exercising their right of lease nonrenewal or expiration, the above-

referenced Notice must be provided to the tenant/former owner with any notice of lease

non-renewal, or, if no such notice is served, at least 30 days in advance of filing any court

eviction action against a tenant. The Notice must be sent in-hand or by certified mail.

Important: A landlord must immediately send the required Notice to all tenants and former

homeowners who have been served with notices to quit, notices of lease expiration or non-

renewal, or summary process, or other court eviction complaints PRIOR to the effective date

of this Ordinance unless a final judgment of possession against the tenant or former

homeowner has issued (or the tenant/former homeowner moved out).

5. What does this mean for me as a tenant?

In the event that your landlord serves you with a notice to quit or notice of lease nonrenewal

or expiration, you should, at the same time, also be given the Notice of tenants’ rights and

resources. The Notice will explain your rights in an eviction and provide information regarding

Prepared by the Somerville Office of Housing Stability.

Updated December 2020

agencies that may be able to assist you during the eviction process and/or assist you with

searching for new housing. Please feel free to reach out to the Office of Housing Stability with

any questions or concerns. Request OHS services online, or call our intake line at 617-625-

6600 Ext. 2581.

6. What do I need to do as a tenant if I do not receive the required information when I am

served with a notice to quit, notice of lease non-renewal, or thirty days prior to

receipt of a court eviction complaint?

The HSNA is enforced by the Inspectional Services Department (ISD). ISD will issue a ticket to

your landlord if the required information is not provided to you and you properly report a

violation of the Act. (See Question 10 below) In order for a ticket to issue, you will need to do

the following:

A. Call 311 and explain that you are calling to report a violation of the Housing

Stability Notification Act.

B. You will need to provide ISD with written proof of your tenancy such as your

lease, rent receipts, or your name on a notice to quit or court complaint (other

items proving your tenancy may be accepted).

C. You will also need to provide ISD with a copy of the Notice to Quit or Court

Complaint.

For help with this process, please call the Office of Housing Stability at 617-625-6600 Ext.

2581 or call 311 and ask for the Office of Housing Stability.

7. Who has to comply with this Act?

This Act applies to all landlords/foreclosing owners of rental units/housing accommodations in

the City of Somerville where a notice to quit or other notice of lease nonrenewal or expiration

has been served or should have been served on the tenant/former homeowner of any such

rental unit/ housing accommodation. If no notice to quit is served, the Notice must be served

at least thirty days prior to filing an eviction action in Court. If you are a landlord/foreclosing

owner intending to end a tenancy or post-foreclosure occupancy of a unit, this Act applies to

you.

8. Is anyone exempt from these requirements?

Yes. Properties which are (1) in any hospital, skilled nursing facility or health facility (2) in a

nonprofit facility whose primary purpose is providing short-term treatment, assistance or

Prepared by the Somerville Office of Housing Stability.

Updated December 2020

therapy for alcohol, drug, or other substance abuse are exempt from the requirements of this

Act.

9. Can this requirement ever be waived?

No. The requirements of this Act may not be waived, and any term of any lease, contract, or

other agreement that purports to waive or limit a tenant’s or former homeowner’s

substantive or procedural rights under this ordinance are contrary to public policy,

unenforceable, and void.

10. As a landlord, do I still need to provide this Notice if my tenants are tenants at-will?

Yes. All tenants and other lawful occupants including post-foreclosure former homeowners

must be provided with the required Notice.

11. What happens if, as a landlord, I do not comply?

Each failure to comply with the requirements set forth in this Act with respect to an occupant

entitled to Notice shall be deemed a separate offense triggering a separate warning or fine.

Unless otherwise provided, a person or entity violating any provisions of this Ordinance shall

be punishable by a warning or fine in accordance with the provisions of Somerville Code of

Ordinances Section 1-11, shown below.

Offense

Fine

Enforcing Personnel

Housing Stability Notification

Act (Sec. 7-286)

1st offense: warning

2nd and subsequent offenses:

$300.00

Police, Inspectional Services

Department