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Here are the changes to the right-to-shelter law in Massachusetts proposed by Gov. Healey

Gov. Healey proposes changes to Massachusetts right-to-shelter law
Gov. Healey proposes changes to Massachusetts right-to-shelter law 02:33

BOSTON - The heavily scrutinized right-to-shelter law in Massachusetts would change significantly under a new proposal shared by Gov. Maura Healey Wednesday. 

The policy that became law in 1983 guarantees emergency housing to homeless families and pregnant women. But since Massachusetts reached a capacity of 7,500 families enrolled at emergency shelters in 2023 amid an influx of migrants entering the state, there's been talk of reforming the law.

"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," Healey said in a statement.   

Proposed changes to right-to-shelter law

As President-elect Donald Trump prepares to take office after proposing a mass deportation of undocumented immigrants, Healey wants anyone seeking emergency shelter in Massachusetts to prove that they are in the country legally.

"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," the governor's office said in a statement.

Another proposal concerns the residency requirement. Right now, shelter-seekers only need to self-attest to being a Massachusetts resident without providing any other proof.

"This change would require that anyone receiving [emergency assistance] show an intent to remain in Massachusetts, either through independent documentary verification or through three months of physical presence in the state," Healey's office said.

Healey also would require anyone looking for shelter to disclose past criminal convictions. Last week, the governor revealed that criminal background checks she had ordered last year at Massachusetts shelters never happened. 

Additionally, the governor wants shelters to limit eviction eligibility criteria to families who had no-fault evictions occur in Massachusetts - not other states. 

Click here to see all the changes Healey is proposing in a letter to legislative leaders.

"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," Healey said.

Republicans react

The Massachusetts Republican Party, which proposed tightening the state's shelter laws earlier this week, called the new residency requirements "more of a show than a meaningful policy change."

"It's a shame that the Healey-Driscoll Administration took this long to come to terms with the gravity of the situation," MassGOP chair Amy Carnevale said in a statement. "If Democrats had listened to the calls for reform from Republicans two years ago, we would not be at this crisis point today."

Republican Senator Kelly Dooner says she filed public records requests asking for proof the background checks were happening.

"I think we need to be doing more," Dooner said. "I did see some language that we would ask them if they have a criminal history but we really need to make sure that we are putting safety first."

"The right answer all along was to restore this program back to its original intent and with capacity that would meet that intent and that's what we've been fighting for," said Senator Bruce Tarr (R-Gloucester) 

Advocates say proposed changes are dangerous

Advocates say more families will become homeless under the proposed changes, and limiting the shelters doesn't address the housing crisis.

"You know they're really taking a sledgehammer to a problem that requires a scalpel," said Mark Martinez, a housing attorney at the Massachusetts Law Reform Institute. "We of course want everyone that is in the shelter to be safe."

Advocates will be having a rally Thursday at noon in front of the State House calling on the governor and lawmakers to reconsider the proposed changes.

"It's a scapegoating of a problem, right. We are scapegoating immigrants for this problem which I think is really dangerous," Martinez said.  

Fewer families seeking shelter in Massachusetts

Last year, Healey sent administration officials to the southern border in Texas to spread the word that shelters in Massachusetts are full and families need to plan accordingly. In the fall, the governor revealed plans for a six-month stay limit and phasing out the use of hotels as shelters. 

The state said this week that an average of 18 families seek emergency shelter in the state every day, and a third of those families are new arrivals to Massachusetts. That's down from an average of 23 families per day one year ago, and more than 40 families per day in 2023.

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