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Massachusetts Governor Healey proposes significant new changes to the state’s Right to Shelter law
BOSTON – Governor Maura Healey today 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.
“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 seeking shelter. Since taking office in 2023, Governor Healey has implemented a series of reforms to manage the size and cost of the system, including setting a cap of 7,500 families and implementing length of stay requirements. She recently announced that the administration will phase out the use of hotels and motels as shelters by the end of 2025.
After recent arrests at shelters, Governor Healey’s announced CORI checks on all EA applicants in addition to background checks already occurring, conducting inspections at all shelter sites, and hiring former Boston Police Commissioner Ed Davis to lead an independent, outside review of security at EA shelters. The supplemental budget she filed earlier this month also proposed reducing the length of stay at EA shelters from nine months to six months.
Since November 2023, the Healey-Driscoll Administration has helped more than 6,000 shelter residents get work authorizations and secured thousands of job placements. These efforts have helped more than 4,500 families exit shelter in the past year, and 430 families have successfully exited temporary respite centers (TRCs) since August 1. In addition to exits, more than 700 families have been diverted from EA shelter in the past year due to investment in services that help families avoid shelter and quickly get back on their feet.
