Governor Maura Healey proposed significant new changes to the state’s Right to Shelter law, including imposing a statutory residency requirement for families and strengthening criminal background checks. The Governor submitted the recommendations in a letter to the Senate President, Speaker, and House and Senate Ways and Means Chairs, urging the changes to be in the Emergency Assistance (EA) Supplemental Budget.
The latest problem for the Right to Shelter Law occurred at the Quality Inn in Revere on December 27 where an illegal immigrant was arrested for having more than $2M in fentanyl and carrying an unregistered rifle.
“I have evaluated the Right to Shelter Law and regulations as well as the operational burdens on the system. Based on that review, and in the face of continued inaction by Congress and no assistance from the federal government, I believe these changes are appropriate and needed to ensure the long-term sustainability of the state shelter system in a way that aligns with the original intent of the law,” said Governor Maura Healey. “In addition, these proposed changes will allow us to continue to ensure the safety of our system, support cities and towns in addressing the needs of unhoused families in their communities and put us on the path toward a more fiscally sustainable shelter system.”
“Our administration has made progress in making the shelter system more fiscally and operationally sustainable,” said Lieutenant Governor Kim Driscoll. “We’re now seeing unprecedented numbers of families exiting shelter for permanent housing because of the work we’ve done, including a more effective use of housing stabilization programs, workforce training, and job placements.”
Among the proposed changes to the Right to Shelter law include:
• Strengthening criminal background checks. Governor Healey’s proposal would require all applicants to disclose criminal convictions in Massachusetts or elsewhere. It will also codify the Executive Office of Housing and Livable Communities’ policy of conducting a CORI check prior to placement.
• Implementing a statutory requirement of residency and intent to remain. Currently, any intent to remain in Massachusetts may be proven solely through self attestation. This change would require that anyone receiving EA show an intent to remain in Massachusetts, either through independent documentary verification or through three months of physical presence in the state.
• Eliminating presumptive eligibility. Under existing law, shelter applicants are presumed to be eligible for shelter and receive shelter benefits prior to producing the necessary documentation. Under Governor Healey’s proposals, shelter applicants would be required to verify their identity, residency, and status prior to placement.
• Changes to eviction eligibility criteria. Currently, families may be eligible for shelter based on several types of no-fault eviction, but without geographic limitation. As a result, people who have been evicted in other states may come to Massachusetts for shelter. The administration proposes requiring evictions to occur in Massachusetts to support eligibility, eliminating the scenario where a neighboring state eviction leads to an individual coming to Massachusetts to seek EA shelter benefits.
• Requiring lawful status for all members of families with rare exceptions. Governor Healey’s proposal would require all family members to show they are U.S. citizens or lawfully present in the U.S., with the rare exception for those households that include a child who is a U.S. citizen or a lawful permanent resident.
Massachusetts became the only state in the country to adopt a Right to Shelter law 40 years ago, which was designed to provide housing for families in need, specifically pregnant women and children experiencing homelessness. For the past three years, thousands of families have been arriving in Massachusetts from other states and other countries seek