RAFT
What is RAFT?
RAFT (Residential Assistance for Families in Transition) is a homelessness prevention program funded by the state that provides eligible households with up to $7,000 per rolling 12-month period.
The money can be used to pay rental arrears, prospective rent (in limited situations), moving-related expenses (first/last/security, moving trucks, etc.), and utility arrears.
Eligibility requirements: eligible housing crisis (e.g., Notice to Quit), and income eligible (at or below 50% of AMI)
How does a tenant apply?
One of two ways: (1) Online portal (https://www.mass.gov/how-to/how-to-apply-for-raft); or (2) through an in-person appointment at:
For Lowell and Lawrence area cases, Community Teamwork (CTI)
For Lynn area cases, Lynn Housing Authority (LHAND)
LL Refusal to accept RAFT
It is unlawful for an owner to discriminate against a tenant who receives rental assistance. M.G.L., c. 151B, § 4(10).
The A.G. takes the position that Ch. 151B applies to RAFT and that “landlords cannot refuse to participate…because they…[d]o not want to fill out certain paperwork required for these programs…[a]ssume the tenant applying to these programs is not eligible for emergency rental assistance…or [w]ould prefer not to abide by program requirements for these programs.”[1]
Dismissal After Acceptance of RAFT
EOLHC expects LLs to voluntarily dismiss pending evictions after receipt of RAFT. Nevertheless, LLs often will not dismiss after receipt. In that scenario a motion to dismiss for acceptance of RAFT is appropriate.
The legal basis of the dismissal is in contract. When a LL fills outs their portion of the RAFT application, they agree to adhere to the following language:
“By accepting payments for rent arrears, you agree not to pursue eviction based on rent amounts reimbursed by these funds and agree to dismiss any pending eviction case that is based on or seeks to recover the reimbursed arrears.”
This language has been held to apply to both nonpayments and no-cause cases with an account annexed. See Driscoll v. Nwabugwu, Docket No. 23-SP-000273 (July 24, 2023, Northeast Housing Court) (Dalton, J.).
The T has a right to enforce this contract as a third-party beneficiary.
It is an open question whether dismissal requires a ‘zero-balance’ after RAFT is awarded, or if mere acceptance of an award requires dismissal.
Why is RAFT almost always helpful even if the case is not dismissed? By lowering rent owed. See M.G.L. c. 239, §8A.
In a nonpayment or no-fault eviction, the T can file counterclaims against the landlord. If the requires of §8A are met, these counterclaims can serve as defenses. How?
If you win more in §8A damages than rent owed, you win possession.
If you win less in §8A damages than rent owed and you can pay the balance in seven days, you win possession.
[1] See Emergency Rental Assistance Advisory, Mass. Office of the Attorney General, April 27, 2021
Sample Pleadings:
RAFT Resources:
Court Decisions:
Irelander v. Chaisson (J. del Puerto, 2024)
Case Type: Non-Payment
The Defendants filed a Motion to Dismiss because their landlord accepted RAFT funds from the EOHLC. Judge del Puerto dismissed the case. The Order states that a landlord can either (a) refuse RAFT funds and proceed with an eviction or (b) accept RAFT funds and dismiss a pending eviction. A landlord cannot accept RAFT funds and proceed with an eviction because doing so violates the EOHLC contract for accepting RAFT. According to the Order, the EOHLC contract “requires dismissal of a pending eviction action even if the RAFT payment foes not cover the totality of a rental arrearage.”
275 Elm Street, LLC v. Murphy (J. Theophilis, 2023)
Case Type: Non-Payment
The Defendant filed a Motion to Dismiss because her landlord accepted RAFT funds, the funds cured her arrearage, and accepting RAFT funds requires dismissal of a pending eviction. Judge Theophilis dismissed the case becuse the action was based on arrears that RAFT had already reimbursed and cured. The Order cites the plain language of the RAFT Award Letter to which landlords receiving RAFT funds must agree: “I agree not to pursue eviction based on rent amount reimbursed by these funds and agree to dismiss any pending eviction case that is based on or seeks to recover the reimbursed arrears.”