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Massachusetts Tenant Screening Laws: The Landlord and Applicant Guide

FCRA Adverse-Action Notice · No Application or Screening Fee (Chapter 186, Section 15B) · Source-of-Income Protection · CORI Limits · Eviction-Record Sealing

Updated Q3 2026 By Tenant Screening Background Check Editorial Team Applies Massachusetts ~17 min read

Massachusetts tenant screening sits at the crossroads of federal and state law: the federal Fair Credit Reporting Act, which governs how a consumer report may be pulled and used everywhere in the country, and a distinctive Massachusetts overlay that is stricter than most states. Massachusetts is one of only two states, with Vermont, that effectively bans landlord application and screening fees. It protects Section 8 voucher holders and other public-assistance recipients as a matter of statewide law, regulates criminal-record access through the CORI system, and, as of May 2025, lets tenants seal old eviction records so they cannot be used against them. The landlords who screen properly almost never face a lawsuit; the ones who charge an illegal fee or skip the adverse-action notice pay for that shortcut.

This guide walks the whole framework in plain English: the federal Fair Credit Reporting Act requirements every landlord must meet, the Massachusetts General Laws chapter 186, section 15B rule that no application or screening fee may be charged, credit-check consent and cost rules, source-of-income protection under chapter 151B, the CORI and criminal-record standard, the new chapter 239, section 16 eviction-record sealing law, fair housing, applicant rights, a day-by-day workflow, a compliance playbook, real scenarios, and a Massachusetts-specific set of frequently asked questions.

Because Massachusetts layers strong state protections on top of the federal baseline, the safest posture for a landlord is written consent, consistent written criteria, no prohibited fees, and proper adverse-action notices every single time, and the strongest position for an applicant is to know exactly which rights the law confers. Treat every figure and date here as a starting point and verify the current statute before you screen, decline an applicant, or dispute a decision.

Massachusetts Tenant Screening at a Glance

Primary Authority

FCRA — fifteen U.S.C. section 1681m(a) adverse action & Fair Housing Act

Application / Screening Fee

Prohibited — chapter 186, section 15B; landlord pays the report cost

Source of Income

Protected statewide — chapter 151B; no-Section-8 policy unlawful

2025 Update

Eviction-record sealing — chapter 239, section 16, effective May 5, 2025

Bottom line: A Massachusetts landlord must satisfy the federal Fair Credit Reporting Act — permissible purpose under section 1681b(a)(3)(F)(i), consistent written criteria, and an adverse-action notice under 15 U.S.C. section 1681m(a) whenever a consumer report contributes to a denial, a higher deposit, a higher rent, or a co-signer requirement — and a strict Massachusetts overlay on top of it. The FCRA imposes no pre-adverse-action step on a landlord; that two-step procedure is section 1681b(b)(3), which by its own terms applies only to a consumer report used for employment purposes. Massachusetts does impose one: under 803 CMR 5.14(1) a landlord, real estate agent, or property management company must, before an adverse housing decision based on criminal history obtained from a screening company, give the applicant a pre-adverse action disclosure that includes a copy of the consumer report and a copy of A Summary of Your Rights Under the Fair Credit Reporting Act, plus a copy of the criminal record itself and an opportunity to dispute its accuracy. That duty is Massachusetts law, not the FCRA, and it reaches only criminal-history decisions. Under Massachusetts General Laws chapter 186, section 15B, before a tenancy begins the landlord may collect only first month’s rent, last month’s rent, a security deposit no greater than one month’s rent, and the cost of a new lock and key, so an application fee, a credit-check fee, or a holding fee is unlawful and the landlord pays for the report. Chapter 151B protects Section 8 voucher holders and other public-assistance recipients from source-of-income discrimination. Criminal history may be considered only through an individualized assessment, using the CORI system under chapter 6 and a signed CORI Acknowledgment Form (803 CMR 5.06(1)), and 803 CMR 5.04(2) requires that CORI be requested only as the final step in the application process — that is a regulation, not guidance — never a blanket ban. Where a screening company obtains CORI for the landlord, 803 CMR 5.15(1)(a)2 and 3 require a written notice in a separate document consisting solely of that notice, plus a separate written authorization that the CORI Acknowledgment Form may not substitute for. As of May 5, 2025, chapter 239, section 16 lets tenants seal many eviction records so they cannot be reported or used. These are general rules; verify the current statute and any local ordinance before you screen.

The FCRA Framework in Massachusetts

The Fair Credit Reporting Act, codified at fifteen U.S.C. section 1681, is the federal statute that governs tenant screening nationwide, and a Massachusetts landlord must comply with it regardless of any state-law differences. Massachusetts has its own consumer credit reporting statute at chapter 93, sections 50 through 68, and it is worth knowing exactly how far it reaches: its written adverse-action disclosure at chapter 93, section 62(a) is triggered only where credit or insurance for personal, family or household purposes, or employment is denied or terminated — a residential rental denial is not on that list, so section 62 adds nothing to a rental decision. Getting the federal layer and the genuine Massachusetts layers right prevents almost all screening-related liability. The core is short, and every point below is load-bearing. Read them precisely, because the most common error on landlord pages lives here: the FCRA’s two-step pre-adverse-action procedure is an employment rule (15 U.S.C. section 1681b(b)(3)) and does not reach a tenancy, while Massachusetts adds its own genuine pre-denial step for criminal-history decisions under 803 CMR 5.14(1), set out in the CORI section below.

Permissible Purpose

A landlord has a permissible purpose under Fair Credit Reporting Act section 604(a) to pull a consumer report on a rental applicant. That is the threshold right to obtain the report at all, but it does not eliminate any of the other requirements — it only opens the door to a report the landlord must then handle correctly.

Written Consent

Get written consent before obtaining a consumer report — but be precise about where that duty comes from. The FCRA’s stand-alone written disclosure and authorization rule at section 1681b(b)(2) applies only to reports procured for employment purposes. A landlord’s federal authority to pull the report is permissible purpose under section 604(a)(3)(F)(i), which the statute does not condition on the applicant’s signature. Written consent is nonetheless the operating standard, and skipping it is a serious mistake: every Fair Credit Reporting Act compliant screening company requires the landlord to certify permissible purpose and to hold the applicant’s signed authorization, and that signature is what proves the applicant initiated the transaction. Massachusetts agrees on that federal point from its own side: chapter 93, section 51(a)(3)(v) expressly excepts the rental or lease of residential property from the written-permission proviso the state consumer credit reporting statute imposes on other property transactions. “Clear and conspicuous” is the section 1681b(b)(2)(A)(i) employment formality and has no federal housing source, so this page does not state it as a housing rule.

But Massachusetts supplies a stand-alone-document mandate of its own, and it covers the exact workflow this page recommends. Under 803 CMR 5.15(1)(a), before a consumer reporting agency may request CORI from DCJIS on the housing entity’s behalf, the landlord, property management company, real estate agent, or public housing authority shall: register for an iCORI account and designate the agency (5.15(1)(a)1); notify the housing applicant “in writing and in a separate document consisting solely of this notice” that a consumer report may be used in the housing decision making process (5.15(1)(a)2); obtain the applicant’s “separate written authorization to conduct background screening” before asking the agency for the report, and the regulation adds that the entity “shall not substitute the CORI Acknowledgment Form for this written authorization” (5.15(1)(a)3); and obtain a signed CORI Acknowledgment Form and complete identity verification (5.15(1)(a)4). The entity must also certify to the agency that it complies with the FCRA and will not misuse the report (5.15(1)(b)1–2). So if you use a screening company and CORI is in scope — the normal Massachusetts arrangement — the stand-alone consent document is a state requirement, not a best practice, and it is three separate pieces of paper: the stand-alone notice, the separate written authorization, and the CORI Acknowledgment Form (803 CMR 5.06(1)), which cannot do the authorization’s job.

Consistent Criteria

Written screening criteria must be applied consistently to every applicant. Inconsistency creates both Fair Credit Reporting Act disparate-treatment exposure and Fair Housing Act and chapter 151B liability, because bending the rule for one applicant and not another is powerful evidence of discrimination even where none was intended.

No Federal Pre-Adverse Action Step

The Fair Credit Reporting Act does not require a landlord to warn the applicant, hand over the report, or wait before denying. The pre-adverse-action procedure — give the consumer a copy of the report and the Bureau’s written summary of rights, then wait — is 15 U.S.C. section 1681b(b)(3), and that subsection applies by its own terms only in using a consumer report for employment purposes. Renting a home is not an employment purpose: section 1681a(h) defines employment purposes as evaluating a consumer for employment, promotion, reassignment, or retention as an employee. Federal law sets no waiting period in housing, and no federal statute or regulation fixes any number of days — there is no five-business-day federal rule, in housing or in employment. The Federal Trade Commission’s own landlord guidance has exactly two steps, Before You Get a Consumer Report and After You Take an Adverse Action, and it never uses the phrase pre-adverse action; it points landlords to section 1681m(a). Massachusetts is different, and the difference is real rather than cosmetic: 803 CMR 5.14(1) does require a pre-adverse action disclosure before a criminal-history denial, with a copy of the consumer report and the Summary of Rights. That is state law, not the FCRA, and it is set out in full under Criminal Records and CORI below.

Adverse Action Notice

When a consumer report contributes in whole or in part to an adverse action, 15 U.S.C. section 1681m(a) requires the landlord to give the applicant an adverse-action notice after the decision. The notice must state the name, address, and telephone number of the consumer reporting agency that furnished the report; that the agency did not make the decision and cannot explain the specific reasons for it; that the applicant may obtain a free copy of the report from that agency within sixty days; and that the applicant may dispute anything inaccurate or incomplete in it. If a numerical credit score was used, section 1681m(a)(2) also requires disclosing the score, its source and date, the range of scores under that model, and the key factors that adversely affected it. The notice may be oral, written, or electronic; the Federal Trade Commission calls written notice the best practice, not a legal requirement. Note what section 1681m(a) does not require: it does not require the landlord to enclose the report or the summary of rights, and it sets no deadline before the decision — the applicant’s route to the report is the free copy from the agency. This step is not optional, and it applies to any adverse action — not only an outright denial, but also a higher deposit, a higher rent, or a co-signer or other added condition driven by the report. Do not expect Massachusetts to add a second notice here. The state consumer credit reporting statute’s ten-business-day written disclosure, chapter 93, section 62(a), runs only where credit or insurance for personal, family or household purposes, or employment is denied or terminated. A rental denial is outside it, so on a Massachusetts tenancy the section 1681m(a) notice is the adverse-action duty — and 803 CMR 5.14(1), below, is the separate pre-denial duty that applies only to criminal history.

FCRA sections 616 and 617 penalties

The Fair Credit Reporting Act imposes serious penalties. Under section 1681n a willful violation carries either the consumer’s actual damages or statutory damages of one hundred to one thousand dollars — the two are alternatives, not additions — plus any punitive damages the court allows; under section 1681o a negligent violation carries actual damages with no statutory floor; and both carry mandatory costs and attorney fees. Extreme willful conduct can even be treated as a federal offense. The mandatory attorney-fee provision is precisely what makes Fair Credit Reporting Act class actions so aggressive, because the cost of a single dropped step shifts to the landlord.

Takeaway

The federal Fair Credit Reporting Act requires permissible purpose and, after any report-driven adverse action, an adverse-action notice under section 1681m(a). It does not impose a pre-adverse-action notice, a copy of the report, a summary of rights, or a waiting period on a landlord — that is the employment rule at section 1681b(b)(3). What does add a pre-denial step in Massachusetts is 803 CMR 5.14(1), and only for criminal-history decisions. A landlord who screens on consistent written criteria, sends the section 1681m(a) notice every time a report contributed, and runs 803 CMR 5.14(1) before a CORI-based denial essentially eliminates screening liability. The state consumer credit reporting statute does not add a second notice on a rental denial: chapter 93, section 62(a) reaches denials of credit, insurance, and employment, not housing.

Massachusetts Bans Application and Screening Fees: Chapter 186, Section 15B

How much can a Massachusetts landlord charge for an application or screening fee?

Nothing. Massachusetts is one of the only states in the country — along with Vermont — that effectively bans landlord application and screening fees outright. Under Massachusetts General Laws chapter 186, section 15B, before a tenancy begins a landlord may lawfully collect only four things: the first month’s rent, the last month’s rent, a security deposit no greater than one month’s rent, and the actual cost of purchasing and installing a new lock and key. An application fee, a credit-check fee, a background-check fee, an amenity or move-in fee, or a holding fee is not one of the four permitted categories, so charging it is unlawful. The statute is published at Massachusetts General Laws chapter 186, section 15B.

The practical consequence for screening is direct: the landlord, not the applicant, pays for the screening report. A landlord may absolutely run a credit report, a criminal background check, and an eviction and rental-history check — the landlord simply absorbs the cost as a business expense and cannot bill it to the applicant. The old “a licensed broker may still charge the tenant” answer is out of date. As amended by 2025 Mass. Acts c. 9, §§ 54 and 55, effective August 1, 2025, section 15B(1)(b) now reads that “no lessor or agent of the lessor may require a tenant or prospective tenant to pay, to the lessor or to an agent of the lessor, any amount in excess of” the four permitted categories. A broker working for the landlord is an agent of the lessor, so that broker may no longer bill the prospective tenant a fee. What survives is narrow: a fee charged by a broker the tenant engaged, on the tenant’s own side of the transaction. Either way a broker fee is not a screening fee, and a landlord acting as their own agent cannot use it to recover the report cost.

Charging an application fee invites multiple damages

In Perry v. Equity Residential Management, decided in the United States District Court for the District of Massachusetts in 2014, a federal court treated an upfront charge outside the four permitted categories as a violation of section 15B, exposing the landlord to multiple damages and attorney fees under the Massachusetts Consumer Protection Act, chapter 93A. If you have been charging any application or screening fee, stop, and confirm the current statute before you collect anything from a prospective tenant beyond first month, last month, a one-month deposit, and the lock-and-key cost.

Takeaway

Massachusetts prohibits landlord application and screening fees under chapter 186, section 15B: the only lawful pre-tenancy charges are first month’s rent, last month’s rent, a one-month security deposit, and the cost of a new lock and key. The landlord pays for the screening report. As amended by 2025 Mass. Acts c. 9, §§ 54–55, effective August 1, 2025, section 15B(1)(b) bars a lessor or an agent of the lessor from requiring payment beyond those four, so a landlord-side broker may no longer charge the prospective tenant a broker fee.

Credit Checks and Consumer Reports in Massachusetts

Can a Massachusetts landlord run a credit check?

Yes — a Massachusetts landlord may run a credit check and other consumer reports, provided the landlord has the applicant’s written consent and does not charge the applicant for it. The report must come from a Fair Credit Reporting Act compliant consumer reporting agency, which verifies the landlord’s permissible purpose. Massachusetts has its own consumer credit reporting statute at chapter 93, sections 50 through 68, which parallels the federal law — but read its scope before relying on it. Its written adverse-action disclosure, chapter 93, section 62(a), applies when credit or insurance for personal, family or household purposes, or employment is denied or terminated because of a consumer report. A rental denial is not in that list, so a landlord’s adverse-action duty on a tenancy is the federal section 1681m(a) notice, not a chapter 93 notice. Chapter 93 cuts the other way on consent, too: section 51(a)(3)(v) expressly excepts the rental or lease of residential property from the written-permission proviso it imposes on other property transactions.

Two Massachusetts-specific points matter. First, because chapter 186, section 15B forbids passing the cost to the applicant, the landlord budgets the report cost rather than collecting it. Second, the applicant’s file may include a sealed eviction record that may not be reported under the 2025 sealing law described below, so a landlord should treat a screening report as a starting point, not the last word, and give the applicant a chance to explain an item before acting on it. Applicants can learn to spot problems early using our guide to red flags in a rental application, which cuts both ways.

Takeaway

A Massachusetts landlord may pull a credit report with written consent from a Fair Credit Reporting Act compliant agency, but may not charge the applicant for it (chapter 186, section 15B). The state consumer credit reporting statute at chapter 93 does not add a rental adverse-action disclosure — section 62(a) covers denials of credit, insurance, and employment — and section 51(a)(3)(v) expressly excepts residential rental from its written-permission proviso.

Source-of-Income Protection: Chapter 151B

Can a Massachusetts landlord refuse a Section 8 voucher?

No. One of the most consequential Massachusetts rules for screening is source-of-income protection under Massachusetts General Laws chapter 151B, section 4. It is unlawful for a landlord to refuse to rent, to advertise a no-Section-8 policy, or to apply different or harsher screening because an applicant intends to pay part of the rent with a Housing Choice Voucher, other federal, state, or local rental assistance, a rental supplement, or public-assistance income. A landlord also may not refuse to comply with a reasonable requirement of the voucher program, such as a routine housing-quality inspection. Enforcement runs through the Massachusetts Commission Against Discrimination, the United States Department of Housing and Urban Development, and, in Boston, the city’s fair housing office.

This does not strip the landlord of the right to screen. The landlord may still apply neutral, consistent criteria — credit, rental history, and income measured against the tenant’s own share of the rent — to a voucher holder exactly as to any other applicant. What the law forbids is treating the voucher itself as a disqualifier or steering voucher holders away. A common and costly mistake is calculating an income multiplier against the full contract rent rather than the tenant’s out-of-pocket share, which screens out voucher holders as a group and exposes the landlord to a source-of-income claim. Narrow owner-occupied small-building exemptions may apply, so confirm coverage for the specific property.

Screen the applicant, not the voucher

Under chapter 151B a Housing Choice Voucher and other rental assistance are a protected source of income in Massachusetts. Apply your standard, consistent criteria to the applicant, but measure income against the portion of rent the tenant actually pays, never against the full rent, and never advertise or apply a no-Section-8 rule. The voucher can never be the reason for a denial.

Takeaway

Chapter 151B makes a Housing Choice Voucher and other public rental assistance a protected source of income in Massachusetts. A landlord may screen a voucher holder on neutral, consistent criteria but may not refuse, advertise against, or apply harsher rules because of the voucher, and should measure income against the tenant’s own share of rent.

Criminal Records and CORI in Massachusetts

Can a landlord reject an applicant based on a criminal record in Massachusetts?

A Massachusetts landlord may consider criminal history, but only through an individualized assessment — never a blanket rule that automatically rejects anyone with any record. Landlords obtain criminal records through the state iCORI system, operated by the Department of Criminal Justice Information Services under Massachusetts General Laws chapter 6, sections 167 through 178B, and only after the applicant signs a CORI Acknowledgment Form, which 803 CMR 5.06(1) requires before a CORI request is submitted. The final-step rule is a binding regulation, not advice. 803 CMR 5.04(2) provides that “CORI shall only be requested for a housing applicant as the final step in the application process,” and 803 CMR 5.05(3) imposes the identical mandate on a public housing authority or property management company screening for subsidized housing. So CORI is run on the applicant the landlord would otherwise approve — pulling records on everyone at intake is not merely bad practice, it is a violation of 803 CMR 5.04(2).

On top of the CORI access rules, an overbroad criminal-record policy can still create Fair Housing Act exposure under the discriminatory-effects rule at 24 CFR 100.500, reinstated effective May 1, 2023, under which liability may be established where a facially neutral practice causes a discriminatory effect that the housing provider cannot show is necessary to achieve a substantial, legitimate, nondiscriminatory interest, and where a less discriminatory alternative would serve that interest. Section 100.500 is a burden-shifting litigation standard: it imposes no individualized-assessment step and no pre-denial notice of its own, and it is currently the subject of a pending HUD proposal to remove it, which has not changed the regulation. Note what is no longer current. HUD’s 2016 Office of General Counsel guidance on the use of criminal records — the source of the individualized-assessment framing that still circulates on landlord blogs — was withdrawn effective September 25, 2025 (Federal Register, Notice of the Withdrawal of OGC Guidance Documents, Docket No. FR-6617-N-01, published July 17, 2026), and its 2022 implementation memo was withdrawn effective September 17, 2025. The Fair Housing Act itself, and disparate-impact liability under it, are unchanged. Massachusetts does not have a statewide ban-the-box statute for private housing — the ban-the-box law at chapter 151B, section 4 applies to employment applications — but state-aided and public housing operate under stricter lookback limits set by Executive Office of Housing and Livable Communities regulations. When criminal history is considered, weigh these factors and document the analysis.

The Assessment Factors

  • Nature and severity of the offense. A decades-old shoplifting conviction differs materially from a recent violent crime.
  • Time since the conviction. More recent offenses carry more predictive weight; very old convictions may have little probative value.
  • Evidence of rehabilitation. Consistent employment, completed parole or probation, continuing education, or recovery documentation can rebut the presumption of risk.
  • Relevance to tenancy. The offense should bear on the specific risk — violent or property crimes bear more directly than a traffic or minor drug-possession offense might.
  • Consistent application. Apply the same analysis to every applicant with any criminal history; selectivity creates disparate-treatment exposure.

The Massachusetts Pre-Adverse Action Disclosure: 803 CMR 5.14(1)

This is the step Massachusetts adds that federal law does not, and it is the one most often mis-described as a Fair Credit Reporting Act rule. Under 803 CMR 5.14(1) — the Department of Criminal Justice Information Services regulation titled Adverse Housing Decision Based on CORI or Other Criminal History Informationbefore taking adverse action on an individual’s application for housing based on CORI or criminal history information, a landlord, property management company, or real estate agent shall:

  • Comply with applicable federal and state laws and regulations — 803 CMR 5.14(1)(a).
  • Notify the housing applicant of the potential adverse housing action, in person, by telephone, by fax, or by electronic or hard-copy correspondence — 5.14(1)(b).
  • If the criminal history came from a consumer reporting agency, provide a pre-adverse action disclosure that includes a copy of the housing applicant’s consumer report and a copy of A Summary of Your Rights Under the Fair Credit Reporting Act, published by the Federal Trade Commission and obtained from the agency — 5.14(1)(c). This is the provision that genuinely requires the report copy and the Summary of Rights in Massachusetts. It is a Massachusetts regulation, not the FCRA.
  • Provide a copy of the CORI or other criminal history and disclose its source — 5.14(1)(d).
  • Provide a copy of the entity’s CORI Policy, if applicable — 5.14(1)(e).
  • Identify the information that is the basis for the potential adverse action — 5.14(1)(f).
  • Provide the applicant with the opportunity to dispute the accuracy of the information — 5.14(1)(g).
  • Provide DCJIS information on the process for correcting CORI, where CORI is considered as part of the potential adverse action — 5.14(1)(h).
  • Document all steps taken to comply — 5.14(1)(i).

803 CMR 5.00 applies to landlords, real estate agents, public housing authorities, and property management companies that request CORI to screen applicants for the rental or lease of housing (803 CMR 5.01(2)). The text the Commonwealth publishes today is dated June 11, 2021, and its regulatory authority is M.G.L. c. 6, §§ 167A and 172. A public housing authority or property management company administering a subsidized housing program follows the parallel list at 803 CMR 5.14(2), which carries the same pre-adverse action disclosure and substitutes information on the process to appeal the adverse decision.

The statute behind the regulation reaches further. Massachusetts General Laws chapter 6, section 171A provides that in connection with any decision regarding employment, volunteer opportunities, housing, or professional licensing, a person in possession of an applicant’s criminal offender record information shall provide the applicant with the criminal history record in that person’s possession — whether obtained from the Department or any other source — prior to questioning the applicant about their criminal history, and again if the decision is adverse on the basis of that history. Read the proviso that follows, because it relieves the second delivery: section 171A adds that “if the person has provided the applicant with a copy of his criminal offender record information prior to questioning the person is not required to provide the information a second time in connection with an adverse decision based on this information.” The parallel regulation, 803 CMR 5.10(1), states the duty as two occasions — before asking any questions about the criminal history, and before making an adverse housing decision based on it — and carries no such proviso, so the safe operating rule is to deliver the record and its source at both points. A person who annually conducts five or more criminal background investigations must maintain a written CORI policy providing that it will notify the applicant of the potential adverse decision, provide a copy of the criminal offender record information and the policy, and provide information concerning the process for correcting a criminal record.

Read the limits, in both directions

Neither instrument states a response window. 803 CMR 5.14(1)(g) requires an opportunity to dispute; it fixes no number of days, and neither does chapter 6, section 171A. Do not publish or promise a five-business-day wait — that figure comes from employment practice under section 1681b(b)(3) and has no source in Massachusetts housing law or in federal law. The duty is also limited to criminal history. A denial driven by credit, income, or rental history alone does not trigger 803 CMR 5.14; that decision owes only the section 1681m(a) adverse-action notice afterward. And the housing rule is 803 CMR 5.00 — 803 CMR 2.00 is the employment, volunteer, and licensing CORI regulation, and citing it for a tenancy is a mis-citation.

The blanket-ban problem

A policy of “we don’t rent to anyone with any conviction” is hard to defend. It is the classic target of a Fair Housing Act discriminatory-effects claim under 24 CFR 100.500, because it is a facially neutral rule the landlord must then justify as necessary to a substantial, legitimate, nondiscriminatory interest, and it collides with the CORI rules, including the mandatory final-step requirement at 803 CMR 5.04(2) — a blanket ban screens everyone on CORI, which the regulation forbids. An arrest that never led to a conviction is not proof that the underlying conduct occurred, so a denial resting on an arrest alone is the weakest version of that policy. Sign the CORI Acknowledgment Form, request records only on your finalist, work through the individualized factors, run the 803 CMR 5.14(1) pre-adverse action disclosure before you act, and document the analysis instead of applying an automatic ban.

Takeaway

Consider criminal history only through an individualized assessment, using the CORI system under chapter 6 and a signed CORI Acknowledgment Form (803 CMR 5.06(1)), and requested only as the final step in the application process — which 803 CMR 5.04(2) requires, and 803 CMR 5.05(3) repeats for subsidized housing — never a blanket ban, which is exactly what the discriminatory-effects rule at 24 CFR 100.500 reaches. Before any criminal-history denial, run the 803 CMR 5.14(1) pre-adverse action disclosure: notice of the potential action, a copy of the consumer report and the FCRA Summary of Rights where a screening company supplied the record, a copy of the record and its source, the basis for the decision, and a chance to dispute it. That is Massachusetts law, not the FCRA, and no day-count applies. Massachusetts has no statewide private-housing ban-the-box, but public housing applies stricter limits.

Eviction-Record Sealing: The Affordable Homes Act

Can a landlord see a sealed eviction record in Massachusetts?

No. The Affordable Homes Act, signed into law in August 2024, created a Massachusetts eviction-record sealing process codified at chapter 239, section 16, effective May 5, 2025. Once an eviction case is sealed, it comes off tenant-screening and credit reports and a consumer reporting agency must remove it within thirty days of the sealing (section 16(i)). It is closed to ordinary public court access, though not absolutely: under section 16(f) a court may, on motion and for good cause, still release a sealed record for public-safety, scholarly, educational, journalistic, or governmental purposes, with the parties’ personal identifying information kept sealed unless the court finds release necessary. An applicant with a sealed record may lawfully answer “no record” when asked about prior evictions, and housing and credit applications must now carry a notice telling applicants that a person with a sealed record may answer “no record” to a question about that record. Be precise about the remedies, because they do not all run against the landlord. Section 16(i)’s private action — actual damages, costs, and reasonable attorney’s fees — runs against a consumer reporting agency that fails to drop a sealed record, and the Attorney General enforces that subsection. For an application that omits the required “no record” notice, section 16(j) gives no private remedy at all: no party is liable unless the Attorney General has first issued a written warning and the party has failed to fix it within 90 days. A landlord’s real exposure for using a sealed record therefore comes from the fair-housing and consumer-protection routes, not from a section 16 damages claim.

When can a Massachusetts tenant seal an eviction record?

Eligibility depends on the case type, and every path starts from the same precondition: the action must have concluded, including exhaustion of all rights of appeal. A case that was dismissed or ended in judgment for the tenant may be petitioned at any time after that point, and section 16(e1/2) says the court may, in its discretion, process the petition administratively without a hearing — discretionary, not automatic. A no-fault eviction carries no waiting period at all: section 16(b) allows a petition “at any time after the conclusion of the action, including exhaustion of all rights of appeal,” and where no party objects within seven days the court may process it administratively. A nonpayment-of-rent case may be sealed once the judgment is satisfied, or after four years with a hardship showing. A fault eviction may be sealed after at least seven years, and certain cases under chapter 139, section 19 after seven years with a hearing. For a landlord, the operational rule is simple: do not screen on, ask about, or act on a sealed eviction record, and update your application forms to include the required “no record” notice.

Takeaway

Under the Affordable Homes Act, chapter 239, section 16, effective May 5, 2025, many Massachusetts eviction records can be sealed — dismissals, tenant-favorable judgments, and no-fault cases at any time after the action concludes with appeals exhausted (no waiting period), nonpayment once satisfied or after four years with hardship, fault cases after seven. A consumer reporting agency must drop a sealed record within thirty days (section 16(i)), the applicant may say “no record,” and applications must carry the required notice — though section 16(j) makes that last duty Attorney-General-enforced, with a 90-day cure, rather than privately actionable.

Fair Housing Compliance in Massachusetts

The Fair Housing Act prohibits discrimination in housing based on seven federally protected classes, and Massachusetts General Laws chapter 151B adds a substantially longer list. Screening criteria must be facially neutral, predictive of tenancy success, and consistently applied, and they must not produce a disparate impact on any protected class — a criterion that looks neutral but disproportionately excludes a protected group can still be unlawful.

Federal Protected Classes

The Fair Housing Act protects race and color, national origin, religion, sex, familial status meaning the presence of children, and disability whether mental or physical. Be careful with the federal attribution on sexual orientation and gender identity. HUD’s memorandum Application to the Fair Housing Act of the Supreme Court’s Decision in Bostock v. Clayton County, dated February 9, 2021, was withdrawn effective September 25, 2025 — it is another entry in the same withdrawal table, in the same notice, as the 2016 criminal-records guidance (Federal Register, Notice of the Withdrawal of OGC Guidance Documents, Docket No. FR-6617-N-01, published July 17, 2026). Withdrawing a guidance document does not amend the Fair Housing Act or overrule a court, so this page does not tell you the statute changed; it tells you there is no current HUD guidance to cite for that reading. In Massachusetts the federal question does not decide the case anyway. Massachusetts General Laws chapter 151B, section 4 names gender identity and sexual orientation expressly in its rental-housing prohibitions — paragraph 6 for publicly assisted, multiple-dwelling, and contiguously located housing and paragraph 7 for other covered housing accommodations — and chapter 151B is the law that binds a Massachusetts landlord. In Massachusetts, source of income is protected statewide on top of all of these.

Massachusetts’s Expanded Protections

Chapter 151B layers on additional protected characteristics, including source of income and receipt of public assistance or rental subsidy, marital status, age, ancestry, genetic information, military or veteran status, and gender identity and sexual orientation as independent state classes — both named on the face of chapter 151B, section 4 in the rental-housing paragraphs, so neither depends on any federal agency’s reading of the word sex. Massachusetts’s list is among the broadest in the country, which is why criteria that pass muster elsewhere can still create liability here.

Common Massachusetts Fair-Housing Traps

  • Blanket criminal-history bans that auto-reject any record, which violate the disparate-impact doctrine and the CORI rules.
  • Rigid credit-score cutoffs applied with no individualized review of the applicant’s full picture.
  • Income multipliers measured against full contract rent, which exclude voucher holders and single parents.
  • No-Section-8 policies, which are unlawful under chapter 151B source-of-income protection.
  • Charging an application or screening fee, which violates chapter 186, section 15B.
  • Screening on a sealed eviction record, which violates chapter 239, section 16.

Takeaway

Screening criteria must be neutral, predictive, and consistently applied, and must avoid disparate impact. Chapter 151B protects a long list beyond the seven federal classes, including source of income, so blanket criminal bans, rigid cutoffs, exclusionary income rules, illegal fees, and no-voucher policies all invite liability.

Applicant Rights Under the Fair Credit Reporting Act

Massachusetts applicants have strong federal rights under the Fair Credit Reporting Act, supplemented by state-level protection under 803 CMR 5.00 and the eviction-sealing law at chapter 239, section 16. Understanding these rights matters for applicants who want to contest an inaccurate report and for landlords who want to avoid liability.

The Core Rights

  • Right to a stand-alone written notice and a separate written authorization, where a screening company obtains CORI. The FCRA’s stand-alone disclosure-and-authorization mandate at section 1681b(b)(2) is an employment rule, so the landlord’s federal authority to pull the report is permissible purpose rather than the signature. Massachusetts supplies the mandate the FCRA does not. Under 803 CMR 5.15(1)(a)2 and 3, before a consumer reporting agency may request CORI on the housing entity’s behalf, the applicant must be notified in writing and in a separate document consisting solely of this notice that a consumer report may be used in the housing decision, and must give a separate written authorization to conduct background screening — and the regulation says the CORI Acknowledgment Form may not be substituted for that authorization. A signed CORI Acknowledgment Form is separately required by 803 CMR 5.06(1). An applicant asked to consent may decline and withdraw.
  • Right to a fee-free process. Under chapter 186, section 15B the applicant cannot be charged an application or screening fee at all.
  • Right to an adverse-action notice. If the report causes any adverse action — rejection, a higher deposit, or added requirements — the applicant is owed a notice identifying the consumer reporting agency and explaining dispute rights.
  • Right to a free copy of the report. When an adverse action is taken, the applicant may obtain a free copy of the report from the agency, generally within sixty days.
  • Right to the Massachusetts pre-adverse disclosure in a criminal-history denial. Before an adverse housing decision based on CORI or other criminal history, 803 CMR 5.14(1) entitles the applicant to notice of the potential adverse action, a copy of the criminal record and its source, identification of the information that is the basis for the action, an opportunity to dispute its accuracy, DCJIS correction information, and — where a screening company supplied the record — a copy of the consumer report and A Summary of Your Rights Under the Fair Credit Reporting Act. This is Massachusetts law, not the FCRA, and it does not apply to a denial driven only by credit, income, or rental history.
  • Right to dispute inaccuracies. The applicant may dispute inaccurate information with the agency, which must investigate, generally within thirty days, and correct or remove anything it cannot substantiate.
  • Right to a sealed record. A tenant with a sealed eviction record may answer “no record,” and that record may not be reported or used.

Takeaway

Every Massachusetts applicant has the right to a fee-free process, a section 1681m(a) adverse-action notice after the decision, a free copy of the report from the agency within sixty days, a dispute investigation, protection for a sealed eviction record, and — before a criminal-history denial — the 803 CMR 5.14(1) pre-adverse action disclosure. Those federal rights, plus Massachusetts’s 803 CMR 5.14, 803 CMR 5.15(1)(a), and chapter 239, section 16 protections, backstop an inaccurate or improperly used screening report. Note what does not apply: chapter 93, section 62(a) covers denials of credit, insurance, and employment, not a rental denial.

The Massachusetts Screening Workflow

A disciplined, day-by-day workflow is what turns the legal requirements into a repeatable process that consistently produces defensible decisions. The exact timing can flex, but the sequence — disclose, consent, report, decide, notice — should not. A fuller walkthrough of each stage lives in our how to screen a tenant step-by-step guide, and the underlying paperwork is covered in our rental application guide for landlords.

DayStageWhat happens
Day zeroApplicationStandardized application with written criteria and the sealed-record notice given up front — and no application fee charged.
Day oneConsent formWhere a screening company will obtain CORI, give the stand-alone written notice and take the separate written authorization that 803 CMR 5.15(1)(a)2 and 3 require — the CORI Acknowledgment Form does not substitute for the authorization.
Day twoRun reportOrder credit, income, and rental-history checks through an FCRA-compliant agency, at the landlord’s expense.
Day threeFinalist and CORIApply consistent criteria; on the finalist only, sign the CORI Acknowledgment Form (803 CMR 5.06(1)) and run CORI if used — 803 CMR 5.04(2) requires that CORI be requested only as the final step in the application process. If CORI or other criminal history would drive an adverse decision, send the 803 CMR 5.14(1) pre-adverse action disclosure first — Massachusetts law, not the FCRA.
Day tenFinal actionApprove and lease, or deliver the section 1681m(a) adverse-action notice with the agency identification, the sixty-day free-copy and dispute rights, and any credit-score disclosure. No federal waiting period applies.

Takeaway

Run screening as a fixed sequence — disclose, consent, report, decide, notice. Give criteria and the sealed-record notice up front with no fee, and where a screening company will obtain CORI give the stand-alone written notice and take the separate written authorization 803 CMR 5.15(1)(a)2 and 3 require, pull from an FCRA-compliant agency at your own cost, run CORI only on the finalist because 803 CMR 5.04(2) requires it as the final step, send the section 1681m(a) adverse-action notice whenever a report drives the decision, and run the 803 CMR 5.14(1) pre-adverse action disclosure first whenever criminal history is the reason.

Compliant Versus Non-Compliant Screening

✓ Defensible Screening

  • No application or screening fee charged to the applicant.
  • Stand-alone written notice and separate written authorization before the report is pulled, as 803 CMR 5.15(1)(a)2 and 3 require where a screening company obtains CORI.
  • Written criteria and the sealed-record notice shared up front.
  • Same criteria applied to every applicant consistently.
  • FCRA-compliant agency with permissible-purpose verification.
  • CORI Acknowledgment Form (803 CMR 5.06(1)) and individualized review on the finalist only — 803 CMR 5.04(2) requires CORI as the final step.
  • Section 1681m(a) adverse-action notice after every report-driven decision, plus the 803 CMR 5.14(1) pre-adverse action disclosure — report copy and Summary of Rights included — before a criminal-history denial.
  • Sealed eviction records left out of the decision entirely.

✕ Liability Exposure

  • Charging an application or screening fee (chapter 186, section 15B).
  • Relying on oral or implied authorization before requesting CORI — where a screening company obtains the CORI, 803 CMR 5.15(1)(a) requires the applicant’s signed written authorization, and expressly provides that the CORI Acknowledgment Form shall not substitute for it.
  • No written criteria given to applicants.
  • Inconsistent criteria across applicants.
  • Silent rejection with no adverse-action notice.
  • No-Section-8 policy or income measured against full rent.
  • Blanket criminal-record bans or CORI pulled on everyone, which 803 CMR 5.04(2) forbids.
  • Screening on a sealed eviction record.

Common Massachusetts Screening Scenarios

The rules become concrete when applied to real situations. Each of the following turns on the same handful of principles — no illegal fee, written consent, the adverse-action notice, consistent criteria, source-of-income protection, individualized criminal review, and sealed-record protection. A deeper treatment of the criminal-history piece is in our guide to criminal history in tenant screening.

ScenarioHow the law treats it
Landlord charges a fifty-dollar application feeChapter 186, section 15B violation — application and screening fees are prohibited; multiple damages under chapter 93A
Report pulled on an oral okay, no signed consentNot an FCRA pre-condition in housing — the landlord’s federal authority is permissible purpose under section 604(a)(3)(F)(i) — but it breaches the screening company’s certification agreement, destroys the proof that the applicant initiated the transaction, and, where a screening company obtains CORI, violates 803 CMR 5.15(1)(a)2 and 3 (stand-alone written notice plus a separate written authorization the CORI Acknowledgment Form may not substitute for) and the 803 CMR 5.06(1) CORI Acknowledgment Form requirement
“We don’t take Section 8” advertised on a listingChapter 151B source-of-income discrimination — unlawful statewide
Rejection after a credit check, no notice sentFair Credit Reporting Act section 615 violation — the adverse-action notice is mandatory, and it is owed after the decision, not before
CORI-based denial sent with no advance notice or report copy803 CMR 5.14(1) violation — Massachusetts requires the pre-adverse action disclosure, with the consumer report copy and Summary of Rights where a screening company supplied the record, the criminal record and its source, and a chance to dispute, before the decision
Auto-rejection for any felony, regardless of ageFair Housing Act discriminatory-effects exposure under 24 CFR 100.500 — a blanket ban with no individualized CORI review, and no 803 CMR 5.14(1) pre-adverse action disclosure
Denying an applicant over a dismissed, sealed evictionChapter 239, section 16 violation — sealed records may not be used and the applicant may say “no record”

Screen Every Applicant the Compliant Way

The best defense against a screening claim is a clean, consistent process. Comprehensive credit, income, and eviction-history reports, run through an FCRA-compliant agency with proper consent and adverse-action workflows, protect both your decision and your applicant’s rights.

The Massachusetts Landlord Screening Compliance Playbook

Massachusetts landlords who follow this playbook virtually never face a Fair Credit Reporting Act, fair-housing, or fee-ban claim. The list is short, but every item is load-bearing. Build it into your standard operating procedure and the liability largely disappears.

How to Screen a Tenant the Compliant Way in Massachusetts

Charge no fee and disclose the criteria

Use a standardized application, charge no application or screening fee, budget the report cost yourself, and give every applicant the written criteria and the required sealed-eviction-record notice up front.

Give the stand-alone notice and take the separate written authorization

Where a screening company will obtain CORI on your behalf, 803 CMR 5.15(1)(a)2 requires a written notice to the applicant in a separate document consisting solely of that notice, and 5.15(1)(a)3 requires a separate written authorization to conduct background screening — never buried in the application, and never satisfied by the CORI Acknowledgment Form, which the regulation says may not be substituted for it. Take all three documents before any report is pulled. Retain the CORI Acknowledgment Form for at least one year from the applicant’s signature, which is the floor 803 CMR 5.06(4) sets; keep the notice and authorization on the same file.

Use an FCRA-compliant agency and apply criteria consistently

Order through an FCRA-compliant consumer reporting agency, apply the written criteria identically to every applicant in the same posture, measure income against the tenant’s own share of rent, and never use information older than the Fair Credit Reporting Act allows or a sealed eviction record.

Assess criminal history individually and honor source-of-income protection

Sign the CORI Acknowledgment Form, as 803 CMR 5.06(1) requires, and run CORI only on the finalist — 803 CMR 5.04(2) provides that CORI shall only be requested as the final step in the application process, and 803 CMR 5.05(3) says the same for subsidized housing; work the individualized factors and document the analysis, which is what keeps a criminal-record policy defensible under 24 CFR 100.500. Never advertise or apply a no-voucher rule.

Handle adverse action correctly and retain the paper

When CORI or other criminal history from a screening company would drive the decision, send the 803 CMR 5.14(1) pre-adverse action disclosure first — notice of the potential adverse action, a copy of the consumer report and A Summary of Your Rights Under the Fair Credit Reporting Act, a copy of the criminal record and its source, the information that is the basis for the action, and an opportunity to dispute its accuracy — then decide. In every case where a consumer report contributed, send the section 1681m(a) adverse-action notice after the decision, identifying the agency and stating the sixty-day free-copy and dispute rights. Federal law sets no waiting period, so do not promise the applicant a fixed number of days. Retain notices and proof of delivery, and never retaliate against an applicant who disputes a report.

The compliance payoff is near-zero exposure

A Massachusetts landlord who charges no illegal fee, obtains consistent written consent, applies consistent criteria, honors source-of-income and sealed-record protections, and follows compliant adverse-action procedures essentially eliminates class-action risk under the Fair Credit Reporting Act and a discrimination claim under chapter 151B. The cost is a few extra forms and disciplined record-keeping; the legal protection is comprehensive. For the ranking framework behind who to approve, see our rental application guide for landlords.

Defensible Versus Unlawful: Common Scenarios

✓ Usually Defensible

  • Fee-free application. No application or screening charge; the landlord absorbs the report cost.
  • Consistent neutral criteria. A written credit, income, and rental-history standard applied identically to every applicant.
  • Individualized criminal review. CORI on the finalist as the final step, which 803 CMR 5.04(2) requires, weighing the nature, age, and relevance of an offense against rehabilitation, documented.
  • Proper adverse action. The section 1681m(a) notice after the decision, with agency identification and the sixty-day free-copy and dispute rights, preceded by the 803 CMR 5.14(1) pre-adverse action disclosure whenever criminal history is the reason.

✕ Likely Unlawful

  • Application fee. Any charge outside first month, last month, a one-month deposit, and the lock-and-key cost.
  • Silent rejection. Denying an applicant on a report with no adverse-action notice.
  • Blanket criminal ban. Auto-rejecting any record with no individualized assessment.
  • No-voucher policy. Refusing or discouraging a Housing Choice Voucher holder, unlawful under chapter 151B.

Frequently Asked Questions

Can a Massachusetts landlord charge an application or screening fee?

No. Massachusetts is one of only two states, with Vermont, that effectively bans landlord application and screening fees. Under Massachusetts General Laws chapter 186, section 15B, before a tenancy begins a landlord may collect only four things: the first month’s rent, the last month’s rent, a security deposit no greater than one month’s rent, and the actual cost of purchasing and installing a new lock and key. An application fee, a credit-check fee, a background-check fee, or a holding fee falls outside those four categories and is therefore unlawful. The landlord, not the applicant, pays for the screening report. As amended by 2025 Mass. Acts c. 9, sections 54 and 55, effective August 1, 2025, section 15B(1)(b) now bars a lessor or an agent of the lessor from requiring a tenant or prospective tenant to pay the lessor or an agent of the lessor any amount beyond those four, so a landlord-side broker may no longer charge the prospective tenant a broker fee; the only fee that survives is one charged by a broker the tenant engaged. In Perry v. Equity Residential Management, decided in the District of Massachusetts in 2014, a federal court treated an upfront charge outside the four permitted categories as a section 15B violation, exposing the landlord to multiple damages and attorney fees under the Massachusetts Consumer Protection Act, chapter 93A. Verify the current statute before charging anything.

Who pays for the credit check or background check in Massachusetts?

The landlord pays. Because Massachusetts General Laws chapter 186, section 15B, limits pre-tenancy charges to first month’s rent, last month’s rent, a one-month security deposit, and the cost of a new lock and key, a landlord may not pass the cost of a credit report, a criminal background check, or any other screening report on to the applicant. A landlord may still run those checks; the landlord simply absorbs the cost as a business expense. The old broker exception has narrowed: as amended by 2025 Mass. Acts c. 9, sections 54 and 55, effective August 1, 2025, section 15B(1)(b) bars a lessor or an agent of the lessor from requiring a tenant or prospective tenant to pay the lessor or an agent of the lessor any amount beyond the four permitted categories, so a broker working for the landlord may no longer charge the prospective tenant a fee. A fee charged by a broker the tenant engaged is a different matter, but a broker fee is not a screening fee in any case and does not let a landlord recover the report cost.

Does Massachusetts require written consent before running a tenant screening report?

Yes, in the ordinary Massachusetts workflow, and the requirement is state law rather than the Fair Credit Reporting Act. The federal attribution first: the FCRA does not condition a landlord’s report on the applicant’s signature, because section 604(a)(3)(F)(i) gives the landlord permissible purpose once the applicant initiates the transaction, and the FCRA’s stand-alone written disclosure and authorization rule at section 1681b(b)(2) applies only to a report procured for employment purposes. Massachusetts agrees from its own side: chapter 93, section 51(a)(3)(v) expressly excepts the rental or lease of residential property from the written-permission proviso the state consumer credit reporting statute imposes on other property transactions, and chapter 93, section 62(a) reaches denials of credit, insurance, and employment, not a rental denial. What does impose a written mandate is 803 CMR 5.15(1)(a). Before a consumer reporting agency may request CORI on the housing entity’s behalf, the entity shall notify the applicant in writing and in a separate document consisting solely of that notice that a consumer report may be used in the housing decision making process, and shall obtain the applicant’s separate written authorization to conduct background screening before asking the agency for the report, and shall not substitute the CORI Acknowledgment Form for that written authorization. A signed CORI Acknowledgment Form is separately required by 803 CMR 5.06(1) before any CORI request. So where a screening company pulls CORI, Massachusetts requires three documents, not one, and the stand-alone consent form is a legal requirement rather than a best practice.

Can a Massachusetts landlord refuse a Housing Choice Voucher (Section 8) holder?

No. Massachusetts provides statewide source-of-income protection under Massachusetts General Laws chapter 151B, section 4. It is unlawful for a landlord to refuse to rent, to advertise a no-Section-8 policy, or to apply harsher screening because an applicant intends to pay part of the rent with a Housing Choice Voucher or other public rental assistance. A landlord may still screen a voucher holder on neutral criteria applied to every applicant, but the voucher itself cannot be the reason for denial, and the landlord may not refuse to comply with a reasonable requirement of the voucher program. Complaints go to the Massachusetts Commission Against Discrimination. Narrow owner-occupied small-building exemptions may apply, so confirm coverage.

What sources of income are protected in Massachusetts?

Massachusetts General Laws chapter 151B protects a person against housing discrimination because of their receipt of public assistance or housing subsidy. That expressly includes the Section 8 Housing Choice Voucher, other federal, state, or local rental assistance and rental supplements, and public-assistance income. A landlord may verify that an applicant’s lawful income is sufficient for the tenant’s own share of the rent, but may not treat the fact that income comes from a voucher or public assistance as a disqualifier, and may not steer or discourage those applicants. Enforcement is through the Massachusetts Commission Against Discrimination, the United States Department of Housing and Urban Development, and, in Boston, the city’s fair housing office.

How can a Massachusetts landlord use criminal records and CORI in tenant screening?

Criminal history may be considered, but only through an individualized assessment, never a blanket ban, and Massachusetts requires a pre-adverse action step before any criminal-history denial. Massachusetts landlords obtain criminal records through the state iCORI system, run by the Department of Criminal Justice Information Services under Massachusetts General Laws chapter 6, sections 167 through 178B, and only after the applicant signs a CORI Acknowledgment Form, which 803 CMR 5.06(1) requires before the request is submitted. The final-step rule is a binding regulation, not advice: 803 CMR 5.04(2) provides that CORI shall only be requested for a housing applicant as the final step in the application process, and 803 CMR 5.05(3) imposes the identical mandate for subsidized housing. CORI is therefore run on the applicant the landlord would otherwise approve, not on everyone at intake. Before taking adverse action on the application based on that criminal history, 803 CMR 5.14(1) requires the landlord, property management company, or real estate agent to notify the applicant of the potential adverse housing action, provide a copy of the criminal record and disclose its source, provide the entity’s CORI Policy if applicable, identify the information that is the basis for the action, provide an opportunity to dispute its accuracy, provide DCJIS information on correcting CORI, and document every step; and where the criminal history came from a consumer reporting agency, 803 CMR 5.14(1)(c) also requires a pre-adverse action disclosure that includes a copy of the applicant’s consumer report and a copy of A Summary of Your Rights Under the Fair Credit Reporting Act. That duty is Massachusetts law, not the Fair Credit Reporting Act, and neither 803 CMR 5.14 nor chapter 6, section 171A states any number of days. A blanket refusal to rent to anyone with any record also remains exposed to a Fair Housing Act discriminatory-effects claim under 24 CFR 100.500, reinstated effective May 1, 2023; HUD’s 2016 criminal-records guidance was withdrawn effective September 25, 2025 and should no longer be cited. The landlord should weigh the nature and severity of the offense, how long ago it occurred, evidence of rehabilitation, and its relevance to tenancy, and should never decide on an arrest that did not lead to a conviction.

Does Massachusetts have a ban-the-box law for housing?

Massachusetts has a ban-the-box law, but it applies to employment, not to private housing. Under chapter 151B, section 4, most employers may not ask about criminal history on an initial job application. There is no statewide ban-the-box statute that forbids a private landlord from asking about or checking criminal history. However, CORI access rules, the binding requirement at 803 CMR 5.04(2) that CORI shall only be requested as the final step in the application process, the 803 CMR 5.14(1) pre-adverse action disclosure required before any criminal-history denial, and Fair Housing Act discriminatory-effects liability under 24 CFR 100.500 all limit how a landlord may use criminal history, and state-aided and public housing operate under stricter lookback limits set by the Executive Office of Housing and Livable Communities regulations. HUD’s 2016 criminal-records guidance was withdrawn effective September 25, 2025, so it is no longer the authority for any of this. Individualized assessment, not a blanket ban, is the compliant standard.

Can a landlord see a sealed eviction record in Massachusetts?

No. Under the Affordable Homes Act signed in August 2024, Massachusetts created an eviction-record sealing process codified at chapter 239, section 16, effective May 5, 2025. Once a record is sealed, it comes off tenant-screening and credit reports and a consumer reporting agency must remove it within thirty days of the sealing under section 16(i). It is closed to ordinary public court access, though not absolutely: section 16(f) lets a court, on motion and for good cause, release a sealed record for public-safety, scholarly, educational, journalistic, or governmental purposes, with the parties’ identifying information kept sealed unless the court finds release necessary. An applicant with a sealed record may lawfully answer no record when asked about prior evictions, and housing and credit applications must now carry a notice telling applicants they may do so. Be precise about the remedies. Section 16(i)’s private action for actual damages, costs, and reasonable attorney’s fees runs against a consumer reporting agency that fails to drop a sealed record, and the Attorney General enforces that subsection. Section 16(j), the application-notice requirement, gives no private remedy at all: no party is liable unless the Attorney General has first issued a written warning and the party has failed to address it within 90 days.

When can a Massachusetts tenant seal an eviction record?

Chapter 239, section 16 sets different eligibility rules by case type, and every path starts from the same precondition: the action must have concluded, including exhaustion of all rights of appeal. A case that was dismissed or that ended in judgment for the tenant may be petitioned at any time after that point, and under section 16(e1/2) the court may, in its discretion, process the petition administratively without a hearing. A no-fault eviction carries no waiting period at all: section 16(b) allows a petition at any time after the conclusion of the action, including exhaustion of all rights of appeal, and where no party objects within seven days the court may process it administratively. A nonpayment-of-rent case may be sealed once the judgment is satisfied, or after four years with a hardship showing. A fault eviction may be sealed after at least seven years, and certain cases under chapter 139, section 19 after seven years with a hearing. The tenant petitions the court that heard the case. Because the rules are new as of May 2025 and turn on case type, a tenant should confirm current eligibility with the court or a legal-aid program.

What are the protected classes under Massachusetts fair housing law?

All seven federal protected classes under the Fair Housing Act apply in Massachusetts: race, color, religion, national origin, sex, familial status, and disability. Be careful with the federal attribution on sexual orientation and gender identity. HUD’s memorandum applying Bostock v. Clayton County to the Fair Housing Act, dated February 9, 2021, was withdrawn effective September 25, 2025, as another entry in the same withdrawal table as HUD’s 2016 criminal-records guidance, Docket No. FR-6617-N-01, published July 17, 2026. Withdrawing a guidance document does not amend the Fair Housing Act or overrule a court, but there is no current HUD guidance to cite for that reading. In Massachusetts the federal question does not decide the case anyway, because Massachusetts General Laws chapter 151B, section 4 names gender identity and sexual orientation expressly in its rental-housing prohibitions, at paragraph 6 for publicly assisted, multiple-dwelling and contiguously located housing and paragraph 7 for other covered housing accommodations, and chapter 151B is what binds a Massachusetts landlord. Chapter 151B adds a longer list besides, including source of income and receipt of public assistance or rental subsidy, marital status, age, ancestry, genetic information, and military or veteran status. Screening criteria must be facially neutral, predictive of tenancy success, applied consistently, and must not produce a disparate impact on any protected class. A criterion that looks neutral but disproportionately excludes a protected group can still be unlawful.

Where can a Massachusetts applicant file a fair housing complaint?

An applicant who believes a screening decision was discriminatory can file with the Massachusetts Commission Against Discrimination at the state level, with the United States Department of Housing and Urban Development at the federal level, or, for a Boston property, with the City of Boston’s fair housing office. All investigate housing discrimination complaints, and there are filing deadlines, so a complaint should be made promptly. A tenant can also raise a fair-housing, source-of-income, or Fair Credit Reporting Act violation as a claim or defense in court, where damages, civil penalties, and attorney fees may be available. Keep written records of the application, the criteria, and any communications.

Does a Massachusetts applicant get a copy of the screening report if rejected?

Yes. When a landlord takes an adverse action based even in part on a consumer report, the federal Fair Credit Reporting Act requires an adverse-action notice identifying the consumer reporting agency and explaining the applicant’s rights, and it gives the applicant the right to a free copy of the report from that agency, generally within sixty days. The Massachusetts consumer credit reporting statute does not add a second notice on a rental denial: its written adverse-action disclosure at chapter 93, section 62(a) is triggered only where credit or insurance for personal, family or household purposes, or employment is denied or terminated, and a residential rental denial is not on that list. The Fair Credit Reporting Act itself requires nothing before the decision and sets no waiting period; its pre-adverse-action procedure at section 1681b(b)(3) applies only to a consumer report used for employment purposes. Massachusetts adds a real pre-denial step for criminal-history decisions: under 803 CMR 5.14(1)(c), where the criminal history came from a screening company, the landlord must first give the applicant a pre-adverse action disclosure that includes a copy of the applicant’s consumer report and a copy of A Summary of Your Rights Under the Fair Credit Reporting Act, together with the criminal record and its source, the information that is the basis for the action, and an opportunity to dispute its accuracy under 803 CMR 5.14(1)(b) through (h). That is Massachusetts law, not the FCRA, and no response window is stated in it.

Does a Massachusetts landlord have to send a pre-adverse-action notice before denying an applicant?

Sometimes, and it is Massachusetts law rather than the Fair Credit Reporting Act that decides. The Fair Credit Reporting Act imposes no pre-adverse-action step on a landlord: its two-step procedure at 15 U.S.C. section 1681b(b)(3) applies only in using a consumer report for employment purposes, and the housing duty at 15 U.S.C. section 1681m(a) runs after the decision, with no copy of the report, no summary of rights, and no waiting period. Massachusetts, however, does require a pre-denial step for criminal-history decisions. Under 803 CMR 5.14(1) a landlord, property management company, or real estate agent must, before taking adverse action on a housing application based on CORI or other criminal history information, notify the applicant of the potential adverse housing action, provide a copy of the criminal record and disclose its source, provide the entity’s CORI Policy if applicable, identify the information that is the basis for the action, provide an opportunity to dispute its accuracy, provide DCJIS information on correcting CORI, and document every step. Where the criminal history came from a consumer reporting agency, 803 CMR 5.14(1)(c) additionally requires a pre-adverse action disclosure that includes a copy of the applicant’s consumer report and a copy of A Summary of Your Rights Under the Fair Credit Reporting Act. Neither 803 CMR 5.14 nor Massachusetts General Laws chapter 6, section 171A states a response window, so no fixed number of days should be promised. A denial based only on credit, income, or rental history does not trigger 803 CMR 5.14; it owes only the section 1681m(a) adverse-action notice afterward.

How far back can a Massachusetts tenant screening report reach?

Under the federal Fair Credit Reporting Act, at section 1681c, most negative items on a consumer report have a seven-year reporting window, while bankruptcies may be reported for ten years. Civil judgments, paid tax liens, and most collection accounts fall under the seven-year rule. In Massachusetts, a sealed eviction record may not be reported at all once sealing takes effect. A landlord should never base a decision on information older than the Fair Credit Reporting Act allows, and an applicant can dispute stale or inaccurate items with the consumer reporting agency, which must investigate, generally within thirty days, and correct or delete anything it cannot verify.

What penalties apply for tenant screening violations in Massachusetts?

The exposure is layered. Under the Fair Credit Reporting Act, section 1681n gives the consumer either actual damages or statutory damages of one hundred to one thousand dollars for a willful violation, the two being alternatives rather than additions, plus any punitive damages the court allows; section 1681o gives actual damages for a negligent violation with no statutory floor; and both carry mandatory costs and attorney fees. A section 15B fee violation and many screening-related unfair practices can be pursued under the Massachusetts Consumer Protection Act, chapter 93A, which authorizes double or treble damages and attorney fees for willful conduct. A source-of-income or other discrimination violation under chapter 151B can bring actual damages, civil penalties, and attorney fees before the Massachusetts Commission Against Discrimination, and repeat federal Fair Housing Act violations can carry escalating civil penalties and injunctive relief.

Must Massachusetts screening criteria be applied consistently to every applicant?

Yes, and consistency is the single most protective habit a landlord can adopt. Applying a written credit standard, income ratio, and rental-history standard uniformly to every applicant in the same posture defeats both a Fair Credit Reporting Act disparate-treatment claim and a chapter 151B or Fair Housing Act discrimination claim, because there is no room for the criteria to be bent for or against a protected class. Inconsistent application is powerful evidence of discrimination even where no bias was intended. Publish the criteria up front, apply them identically, and document any individualized analysis for borderline cases such as a criminal record.

What is the best way to screen tenants in Massachusetts?

A defensible Massachusetts screening process combines a standardized application with written criteria given up front and no application fee, the stand-alone written notice and the separate written authorization that 803 CMR 5.15(1)(a)2 and 3 require where a screening company obtains CORI, a Fair Credit Reporting Act compliant consumer reporting agency, credit and income verification measured against the tenant’s own share of rent, rental-history and reference checks, a CORI Acknowledgment Form and an individualized criminal-history assessment reserved for the final step in the application process, as 803 CMR 5.04(2) requires, respect for sealed eviction records, the 803 CMR 5.14(1) pre-adverse action disclosure before any criminal-history denial, and the section 1681m(a) adverse-action notice after any decision a consumer report contributed to. Our how to screen a tenant step-by-step guide walks each stage in order, and following that sequence keeps the process both predictive of a good tenancy and compliant with Massachusetts and federal law.

What should a Massachusetts landlord know about security deposits when screening?

Screening and deposits connect because a landlord collects the deposit from the approved applicant, and Massachusetts has some of the strictest deposit rules in the country under chapter 186, section 15B, including a one-month cap, a separate interest-bearing account, and a statement of condition. Note also that requiring a higher deposit because of information in a screening report is itself an adverse action under the Fair Credit Reporting Act, so it triggers the adverse-action notice, not just an outright rejection. Review our Massachusetts security deposit laws guide for compliant deposit handling, and treat any report-driven deposit change as a step that must be disclosed to the applicant.

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Disclaimer: This guide provides general information about Massachusetts tenant screening law, including the federal Fair Credit Reporting Act (fifteen U.S.C. section 1681), the Fair Housing Act, Massachusetts General Laws chapter 186 section 15B on pre-tenancy charges and the application-fee ban, the state consumer credit reporting statute at chapter 93 sections 50 through 68, source-of-income protection under chapter 151B, the CORI system under chapter 6 sections 167 through 178B, the chapter 239 section 16 eviction-record sealing law under the Affordable Homes Act, the Massachusetts Consumer Protection Act chapter 93A, the Department of Criminal Justice Information Services housing CORI regulation at 803 CMR 5.00 — including 803 CMR 5.04(2) and 5.05(3) (CORI as the final step), 5.06(1) (CORI Acknowledgment Form), 5.10(1) (copy of the record before questioning and before an adverse decision), 5.14(1) (pre-adverse action requirements) and 5.15(1)(a) (stand-alone written notice and separate written authorization where a consumer reporting agency requests CORI) — and the HUD discriminatory-effects rule at 24 CFR 100.500, and is not legal advice. HUD’s 2016 criminal-records guidance was withdrawn effective September 25, 2025, and its February 9, 2021 Bostock/Fair Housing Act memorandum was withdrawn effective the same date under the same notice, Docket No. FR-6617-N-01; neither is relied on here. Screening, fair-housing, sealing, and criminal-history rules are amended over time and can carry local variations. For a specific situation, verify the current law and consult a licensed Massachusetts attorney before screening an applicant, declining an applicant, or disputing a decision. See our editorial standards for how we research and review this content.