CPC Subcommittee on Emergency Housing Relief 7-30-2020 MeetingBeverly Community Preservation Committee (CPC)
Subcommittee on Emergency Housing Relief
Meeting Notes -FINAL
Meeting Date: July 30, 2020 at 10:00 AM
CPC members participating: Heather Richter; Derek Beckwith; Thomas Bussone, II; Nancy Marino.
Invited participants: Laura MacNeil, Executive Director, North Shore Community Action Programs
(NSCAP) and Lori Fonseca, housing attorney working with NSCAP, Action, Inc. and the Essex County Bar
Association.
CPC Committee staff: Denise Deschamps
As Chair of the Beverly Community Preservation Committee's Subcommittee Heather Richter called the
meeting to order at 10:00 AM. Richter reads a description of changes to the Commonwealth's Open
Meeting Law to accommodate remote meetings due to the COVID -19 pandemic, a description of the
process by which public meetings are held remotely along with a description of how the public may
access these meetings. Richter then asked that Committee staff, Denise Deschamps, call the roll.
Deschamps calls the roll and asks Laura MacNeil and Lori Fonseca to introduce themselves. MacNeil
introduces herself as Executive Director of North Shore Community Action Programs and Lori Fonseca
introduces herself as a housing attorney frequently working with NSCAP, Action, Inc. and the Essex
County Bar Association.
Richter begins the conversation with an overview of the CPC's efforts to create an Emergency Housing
Relief Fund and explains that the Subcommittee had expressed several questions to Laura MacNeil in a
previous meeting about landlords receiving rental assistance and still pursuing eviction if additional debt
remained. MacNeil had suggested a meeting with herself, Lori Fonseca and the Subcommittee to
explore this topic. Lori Fonseca stated that she has worked with several groups on similar plans.
Fonseca identified three questions for the CPC to consider if they have not already done so: (1) what are
the program income eligibility requirements; (2) what is the amount of housing assistance to be
awarded per applicant; (3) determination of sustainability -how to determine if the applicant will be able
to successfully maintain their tenancy if they receive assistance. Fonseca notes that there is some case
law about compelling a landlord to accept rent. There also must be some sensitivity as to the landlord's
economic situation and how to incentivize them to help stabilize a tenancy. Richter explained that the
CPC has identified program parameters, which include income eligibility criteria. The Beverly program
can serve individuals or families with incomes at 100% of AMI or below. As for the amount of assistance
to be made available an applicant could receive a maximum of $3,600 (one -time payment) or 60% of the
monthly rental fee for three consecutive months. Sustainability is the more complicated piece. A
reminder that in the case of home ownership, in order to use CPA funds to assist with a mortgage
payment the home has to be deed restricted as affordable.
Thomas Bussone asks if it is possible to move on to another applicant if it is found that although an
applicant is eligible the landlord refuses to sign a proviso agreeing to not pursue eviction for a certain
period of time if the applicant is still owed back rent after receiving assistance from the Beverly
program. Fonseca responds that a landlord is required to take rent if it is offered. If the landlord refuses
to take the rent he /she cannot proceed with eviction to recover the same amount. The challenge is in
how to address any additional rent that may be owed above what the program is awarding. An
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agreement between the landlord and tenant could be brokered that would allow the tenant to pay a
remaining arrearage over a certain number of months while also paying their monthly rental fee. Nancy
Marino agrees with Bussone that there would need to be an agreement in writing between the landlord
and the tenant spelling out the terms of any agreement. Marino asks who would go about securing this
agreement. There is general agreement that NSCAP would take this on.
MacNeil asks the Subcommittee members what they believe to be an acceptable amount of time that
indicates a tenancy is sustainable. Does the landlord agree not to evict for 3 months, 6 months, 12
months? Bussone states that the CPC has complete faith in NSCAP to work through some challenging
situations. His major concern is to stop people from being kicked out of their homes after the landlord
has received rental assistance. It may not be possible to create a policy that will address every
circumstance. Difficult situations may have to be addressed on a case -by -case basis. MacNeil states
that keeping in mind the needs of both the tenant and the landlord it would seem that three month
sustainability is reasonable. Bussone and Beckwith agree. Beckwith adds that the future is so
unpredictable given the pandemic there may be several challenging cases. People have been getting
unemployment checks so hopefully they have been able to put some funds towards their rent.
Fonseca mentioned that is the case of unpaid mortgages, if they are FHA mortgages, then a forbearance
amount can be moved to the end of the loan. Fonseca adds that sustainability is the central
consideration for most of the cases. How can we best help people not eligible for other funds?
Beckwith states that the applications will be reviewed to determine, in part, eligibility for other
programs. The RAFT program serves people at 50% of AMI or below. The Beverly program is focusing
on people that are not eligible for RAFT or other programs.
MacNeil states that she believes they have enough information to begin to draft the terms of an
agreement with a landlord.
Fonseca asks if certain difficult cases would be brought back to the CPC for their review. Beckwith
suggests that a member of the CPC along with NSCAP and Deschamps could review these cases. Richter
states that it is hoped that NSCAP would resolve most issues but that certain very difficult cases could be
brought to the CPC via Deschamps for review. Richter asks Marino if she also agrees with three months
as the period of time during which a landlord does not pursue eviction for additional rent owed. Marino
agrees but relies on NSCAPs' guidance in certain situations. Richter agrees and states the CPC is relying
on NSCAP for their expertise.
Richter asks if there are any further questions from anyone. Hearing no questions Richter thanks
MacNeil and Fonseca for participating in this meeting. MacNeil and Fonseca leave the meeting.
Deschamps mentions the next steps in the process. She expects to receive the completed form she sent
to MacNeil on Friday or Monday. She will share it with CPC Subcommittee members and begin to draft
the MOU. The MOU is largely boilerplate but certain sections will need to be modified to reflect the
specifics of this program. MOU's are circulated internally to be reviewed and approved by several
department heads before they reach the Mayor's desk for signature. [The MOU must also be signed by
NSCAP in this case.]
Richter asks who will be joining NSCAP and Deschamps on a monthly basis to review program data.
Bussone recommends the data be reviewed twice a month. After some discussion Beckwith volunteers.
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Richter invites a motion to adjourn. Bussone makes the motion. Marino seconds the motion. Richter
asks Deschamps to call the roll. Vote to adjourn is unanimous. Meeting adjourns.
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