An Act Relative to the Eviction Sealing Alternative of Protected Class Status
Summary
Supported by Staff
MassLandlords staff drafted or participated materially in the creation of bill text below. Members will be polled at the next update of the policy priorities survey.Bill Text May Change
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To be posted.
Explanation of the Eviction Sealing Alternative Bill
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An Act Relative to the Eviction Sealing Alternative of Protected Class Status.
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Chapter 151B Section 4 is hereby amended by inserting in paragraph 10, after each occurrence of the word “is,” the phrase “or has been”.
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Chapter 151B Section 4 is hereby amended by inserting after Paragraph 10 the following:
10A. |
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For any person furnishing credit, services or rental accommodations to discriminate against any applicant who appears in any court record on the basis of that court record, unless on a case by case basis that record demonstrates or subsequent investigation discovers adverse information making that record directly relevant to the decision to credit, serve or rent.
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Records must be case-by-case relevant to the rental application. |
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10B.
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For any person furnishing credit, services or rental accommodations to discriminate against any applicant who appeared in any court record when, at time of filing, they were a minor.
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Kids should not be filed against, so this shouldn't ever come up. If it does, you can't blame a kid for being evicted: they weren't on the lease. |
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10C.
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For any person furnishing credit, services or rental accommodations to inquire of an applicant about their court records prior to receiving their application, provided however that such persons may disclose and publish their court record acceptance criteria in accordance with this Chapter, and may use such criteria in evaluating the application.
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This is like a "ban the box" law. You can't ask about eviction history in a phone screen. You can tell them you check eviction records. You can look at eviction records if and when they submit a full application. |
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Chapter 66 is hereby amended by inserting after Section 21 the following:
Section 22. |
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Documents pertaining to rental assistance.
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In order to ensure the just, efficient and discrimination-free administration of housing services, a document made by the Department of Housing and Community Development or its agent, whether a Regional Administering Agency or other person or entity, pertaining to rental assistance in any form described under Chapter 151B Section 4, shall be considered a public record under this chapter to the extent it identifies the lessor, owner, manager or other recipient of funds, the precise address at which housing services were rendered, and the amount and dates of such assistance, provided however that the names of renters, tenants, subtenants, and other occupants of the premises at time of such assistance shall not be public records.
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