Massachusetts Passes New Law to Help Tenants Seal Eviction Records

Source: Boston Real Estate Investors Association

If tenants don’t apply to have records sealed, they will still be publicly available.

A new law was recently signed by Governor Healey in Massachusetts that aims to protect tenants from the negative impact of eviction records. This law, part of the Affordable Homes Act, allows tenants to seal certain eviction records from public view and prevents these records from appearing on credit reports. It will come into effect on May 5, 2025.

What This Law Means for Tenants and Landlords

The goal of the law is to help tenants find housing without being blocked by past eviction records, which can be caused by financial difficulties. Tenant advocates believe this will reduce housing discrimination, but landlords are concerned. They often rely on eviction records as a key part of tenant screening and fear this change could make it harder to assess renters. Some landlords may respond by requiring higher credit scores or income levels for applicants.

Under this new law, the tenant has to take action to get their eviction record sealed. If they don’t apply to have it sealed, it will still be publicly available. But once a tenant does apply, the process of sealing the record is quick and easy, and landlords might not even know the record was sealed.

Different Rules for Different Types of Evictions

Here’s how the law handles different types of eviction cases:

No-Fault Evictions

A no-fault eviction happens when a tenant is evicted for reasons unrelated to their behavior, such as when a landlord decides to sell the property. In these cases, tenants can apply to have their record sealed. If the landlord doesn’t object within seven days, the court will approve the request without a hearing.

Non-Payment of Rent

For cases where tenants were evicted for not paying rent, they can apply to seal their record if they have had no evictions in the last four years. The tenant also needs to prove that financial hardship was the reason for the non-payment. Again, the landlord has seven days to object, and if they don’t, the court will automatically seal the record.

Evictions for Serious Issues (At-Fault Cases)

Evictions involving serious lease violations, such as criminal activity or property damage, are called at-fault cases. Tenants can apply to have these records sealed if they have been eviction-free for seven years. If the landlord doesn’t object within seven days, the court will typically seal the record. For certain criminal-related evictions, the court will need to hold a hearing to make sure sealing the record doesn’t compromise public safety.

Dismissed Cases or Tenant Wins

If a tenant wins the eviction case or the case is dismissed, the tenant can immediately apply to seal the record. The court will seal the record without notifying the landlord or holding a hearing.

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Impact on Credit Reporting Agencies

This law also imposes new restrictions on credit reporting agencies. They will no longer be able to include sealed eviction records in their reports. Additionally, if an eviction record is not sealed but is still included in a report, the agency must specify the type of eviction, whether it was no-fault, non-payment, or for cause. These changes will make it difficult for credit agencies to report eviction information accurately, and many may stop reporting eviction records altogether in Massachusetts.

Changes to Rental Applications

Landlords in Massachusetts will now have to include a new disclosure in their rental applications. This allows tenants with sealed eviction records to legally answer “no record” when asked about evictions.

What Happens Next?

The law won’t be in effect until May 2025, giving the courts and credit reporting agencies time to adjust to these new rules. Landlords and rental agents will also need to update their processes. There’s still some uncertainty about how the law will be enforced and how smoothly things will run once it’s live, but for now, this new law represents a major change in tenant rights in Massachusetts.

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