Massachusetts Ends Right-to-Shelter Guarantee Due to Overwhelmed Shelter System
Lawyers for Civil Rights has filed a class action lawsuit in response to Governor Maura Healey’s announcement that Massachusetts will no longer be able to guarantee housing under the Commonwealth’s right-to-shelter law. The group filed the suit on behalf of three families that are “on the brink of homelessness” at a time when Massachusetts' housing resources have been stretched thin. Healey said that beginning November 1st, the Commonwealth will not be adding additional shelter units once the 7,500 family limit is reached, and that families seeking shelter will be assessed and prioritized based on the level of need displayed. If families are not immediately placed in housing, they will be added to a waitlist.
As of November 1st, there are 7,388 families enrolled in the shelter system.
Lawyers for Civil Rights claim that the implementation of an “artificial cap” on housing services and the use of a waitlist are “unprecedented and will have a profound impact on hundreds of vulnerable families.” The organization also argues that the Executive Office of Housing and Livable Communities is required to give the legislature 90 days notice of any changes to the law.
“It is illegal and unconscionable for the state to rush these changes into place and force homeless families into the streets just as the winter months are approaching,” said Oren Sellstrom, Litigation Director of Lawyers for Civil Rights. “The law requires the state to proceed in an orderly manner, to hear from the public, and to give the Legislature a chance to weigh in on—and potentially forestall—these draconian changes.”
The Massachusetts right-to-shelter law was enacted in 1983, and is the only law of its kind in the country. The law provides housing assistance for qualifying families with children and pregnant women with no other children, and provides “geographically convenient” placements for recipients who are homeless or at-risk for homelessness. The law’s benefits include temporary housing as well as storage of furniture for up to thirty days, moving expenses, and other necessary payments.
The crisis has grown in recent months due to a rise in migrants arriving in the Commonwealth. Healey stated that multiple factors have contributed to the increase in numbers including an inability for migrants to obtain work authorization and a lack of affordable housing. This has also impacted the education system, with Boston Public Schools enrolling over 900 students who were born outside of the United States since July. Boston has also hired 18 in-school social workers dedicated to helping migrant students with educational gaps. Other school districts in the area have been dealing with similar challenges, with teachers reporting they have paid out of pocket to help students pay for clothing and other essentials.
Governor Healey declared a state of emergency to address the housing crisis in August when the state was serving a record 5,500 families. Healey pressed for more coordination with the national government, claiming that Massachusetts has addressed a “federal crisis of inaction” alone without support from lawmakers. Massachusetts spends $45 million per month to support families in the program, but Healey said that the help of the federal government in funding and legislative action will allow the Commonwealth to continue
While the Commonwealth awaits federal assistance, Governor Healey has taken steps to implement policy changes. The Healey-Driscoll Administration announced the $4 billion Affordable Homes Act, a package that invests in the root causes of the housing crisis. HB4138 includes the following investments:
$1.5 billion in the rehabilitation of state-aided public housing such as decarbonization efforts and hazardous materials abatement.
$800 million to support affordable housing production by private developers through the Affordable Housing Trust Fund
$425 million for grants and loans through the Housing Stabilization and Investment Trust Fund
$200 million for the Housing Innovations Trust Fund
$275 million for green housing initiatives
The housing crisis is a complex situation that changes every day. InstaTrac provides resources like news articles, press releases, and more through our advanced search engine so you can stay updated on the housing policy changes in Massachusetts. Our bill summarizing system explains legislation like HB4138 in plain English and highlights the important information for you to understand. For more information, email us at info@instatrac.com and follow us on Instagram, X, Facebook, Youtube, Substack, and Medium!