Updated September 14, 2026
Massachusetts tenant screening laws affect what landlords may charge, which records they may review, and how they must handle criminal history, eviction records, and housing assistance. This guide separates current Massachusetts rules from 2026 proposals so renters can understand the process and landlords can build a consistent, documented screening policy.
Obtain and share a Portable Tenant Screening Report before you apply
Massachusetts landlords generally cannot charge an application or screening fee, and CORI screening has consent, identity, disclosure, and adverse-action requirements. Sealed eviction records receive special protection, and source-of-income rules protect voucher and public-assistance recipients. The official sources reviewed for this update do not confirm an enacted Massachusetts Portable Tenant Screening Report mandate.
For renters, the practical goal is to know what information is being used, avoid paying a prohibited fee, check that records are accurate, and ask for required notices if an application is denied. For landlords, the safest approach is to use the same lawful criteria for every applicant, follow the CORI process, account for protected income, and document decisions.
This is educational information, not legal advice. Massachusetts rules can change, and a landlord or renter with a specific dispute should consult a qualified Massachusetts housing attorney or legal services provider.
No, landlords in Massachusetts are strictly prohibited from charging renters application or tenant-screening fees of any kind . Under state law, property owners cannot require prospective tenants to pay for credit checks, background screenings, holding deposits, or application processing fees to reserve a rental unit .
At the beginning of a tenancy, a landlord can legally require only four specific payments from a tenant . Under Massachusetts General Laws Chapter 186, Section 15B, these are the first month's rent, last month's rent, a security deposit equal to the first month's rent, and lock-and-key replacement costs . Any other move-in fees, background check fees, or credit check fees are illegal .
The prohibition on tenant-screening fees applies to both landlords and property managers . Under the Massachusetts Attorney General's landlord-tenant rights guide, landlords cannot require any application fee, screening fee, background fee, or holding deposit . Landlords must absorb the cost of screening applicants as a business expense.
Licensed real estate brokers also face strict limits. Under the official broker fee advisory, broker fees must be paid by whoever hired the agent, effective August 1, 2025 . If a landlord or manager hired the broker, they cannot require the tenant to pay this fee . Passing broker fees to renters under these conditions violates state consumer protection guidelines .
| Permitted payments | Prohibited charges |
|---|---|
| First month's rent | Application fee |
| Last month's rent | Background check fee |
| Security deposit (up to one month) | Credit check fee |
| Actual lock-and-key cost | Holding deposit |
Use these checklists to ensure compliance with Massachusetts screening fee laws:
In Massachusetts, landlords and property managers can access Criminal Offender Record Information (CORI) to screen applicants, but must follow strict state regulations regarding consent, verification, and adverse-action notices. Renters must provide written consent, and landlords must notify applicants and allow them to dispute any errors before taking an adverse housing action.
State regulations under 803 CMR 5.00 govern the retrieval, storage, and dissemination of CORI for evaluating housing applicants. These strict rules apply to any landlord, property management company, real estate agent, or public housing authority that requests criminal history to screen renters. Registered housing providers have standard CORI access, which allows them to request and review an applicant's criminal history within the bounds of state law. However, the regulations do not prohibit a landlord from making a lawful adverse housing decision if an applicant refuses to consent to a lawful CORI request.
To legally conduct a CORI check on a prospective tenant in Massachusetts, a landlord or property manager must complete several mandatory administrative steps under the DCJIS housing guidelines:
If a landlord decides to reject an applicant based on their criminal background, they must adhere to a strict notification protocol before finalizing the decision. First, the landlord must notify the housing applicant of the potential adverse housing action. This notification must identify the specific information forming the basis for the potential adverse action. The landlord must also provide the applicant with a copy of their CORI or other criminal history, and disclose the source of the information.
If the criminal history information was obtained through a consumer reporting agency rather than directly from the state portal, the pre-adverse action disclosure must include a copy of the consumer report and a Summary of Your Rights Under the Fair Credit Reporting Act (FCRA). Furthermore, the landlord must provide the applicant with a copy of DCJIS information regarding the process for correcting CORI. The applicant must then be given a clear opportunity to dispute the accuracy of the criminal history information used in the decision. Finally, the landlord must document all steps taken to comply with these CORI adverse action requirements.
Practical screening note: While Massachusetts law permits landlords to access criminal histories, housing providers should develop clear, written screening criteria that are applied consistently to all applicants. For renters, keeping a copy of your standard records can help you quickly address discrepancies. For landlords, maintaining records of CORI forms and adverse notices supports a consistent process.
A Massachusetts landlord can see credit history, criminal records, and housing court histories, including eviction filings, through standard screening reports. However, state laws restrict the visibility of sealed eviction cases, and federal regulations limit how far back negative records can be reported, ensuring renters have essential privacy protections.
On May 5, 2025, a new law went into effect that allows tenants in Massachusetts to seal their eviction record. Under this statutory framework, a person with a no-fault eviction court record may petition the court to seal the court record at any time after the conclusion of the action, including exhaustion of all rights of appeal. Once an eviction record has been sealed, a tenant may answer "no record" when asked about evictions on a Massachusetts housing or credit application. You can read the official guidelines on the Massachusetts eviction sealing informational page.
Any application used to screen applicants for housing or credit that asks about prior evictions must include a statement notifying the applicant of their right to answer "no record" for a sealed court record. The statute specifies a written-warning and 90-day cure framework for liability when that statement is omitted. Renters can also review how to review an eviction history report to check for inaccuracies.
The Federal Trade Commission (FTC) explains that tenant background reports may include work and income history, credit information, housing court records, criminal records, and missed rent payments. Knowing what a tenant background check can include helps applicants identify inaccuracies before submitting rental requests.
Under the federal Fair Credit Reporting Act (FCRA), tenant-screening companies generally cannot report negative information if it is older than seven years, with separate rules allowing bankruptcies for 10 years and criminal convictions with no time limit. These federal rules are explained on the FTC tenant background checks page.
If a landlord makes a negative decision based on a tenant background check, the applicant has a right to an adverse-action notice that identifies the reporting company and explains how to request a free copy within 60 days and dispute errors.
In Massachusetts, housing providers are prohibited from discriminating against rental applicants based on their source of income. This means landlords, brokers, and property managers must treat housing subsidies, such as Section 8 vouchers or RAFT payments, as protected income when screening applicants.
Housing providers include landlords, property management companies, and real estate agents. They cannot refuse to negotiate with or rent to an individual simply because the individual receives public assistance. The Massachusetts Attorney General source-of-income guidance also bars requiring a particular type of income, such as active employment, if that requirement would exclude people receiving aid. Housing providers cannot publish advertisements that say voucher holders are ineligible or discourage them from applying.
When evaluating financial qualifications, landlords must apply consistent standards and count assistance payments as income. A rent-to-income ratio may not require a subsidized applicant to show ability to pay more than the applicant's share of rent.
The Massachusetts Attorney General's source-of-income guidance encourages affected individuals to file a complaint with the Civil Rights Division. Review the source-of-income FAQs for additional guidance.
Massachusetts landlords must obtain a signed CORI acknowledgment before requesting CORI and follow required notification procedures during screening. When a screening report leads to a negative housing action, federal adverse-action rules give applicants rights to identify the reporting company, request the report, and dispute inaccuracies.
Before requesting CORI, landlords must obtain a signed CORI Acknowledgment Form and verify identity. Standard CORI access is available to landlords, property managers, real estate agents, and public housing authorities for housing applicants under the Massachusetts CORI housing regulation. A lawful adverse decision based on an applicant's refusal to consent to a lawful CORI request is not prohibited by the regulation.
The FTC says tenant background checks can include the following:
Under the FCRA, an adverse decision based on a report triggers disclosures that identify the screening agency, explain dispute rights, and allow the applicant to request a free report copy within 60 days. Screening companies generally cannot report negative records older than seven years, although bankruptcies can remain for 10 years and criminal convictions have no time limit.
Massachusetts Senate Bill 2982 concerns the use of credit reporting for rent-subsidized tenants. It is pending, not enacted law. The official legislative record shows that it was referred to the Senate Committee on Ways and Means on March 12, 2026.
Senate Bill 2982 is titled "An Act relative to the use of credit reporting for rent-subsidized tenants." The introduced proposal would restrict use or procurement of consumer reports for covered subsidized applicants, require written consent each time a report is sought, and prevent report costs from being passed to the applicant.
The official Massachusetts sources reviewed for this September 2026 update do not confirm an enacted Massachusetts Portable Tenant Screening Report mandate. Landlords are not required by the sources reviewed to accept a reusable report, and any use of a PTSR in Massachusetts should be treated as voluntary unless a later authoritative law says otherwise.
| Screening topic | Current position | Pending proposal |
|---|---|---|
| Credit reports | Federal and state rules apply to report use and adverse action. | S.2982 would address covered rent-subsidized applicants. |
| Written consent | Signed acknowledgment is required for CORI requests. | The introduced text would require written consent each time a covered report is sought. |
| Portable reports | No enacted PTSR mandate is confirmed by the reviewed sources. | S.2982 does not establish a PTSR mandate. |
Use these checklists as a practical starting point, not as a substitute for legal review. A good screening process is transparent, consistent, and limited to information relevant to the rental decision. It also gives the applicant a meaningful chance to understand and challenge inaccurate information.
For broader context, compare this guide with Portable Tenant's 2026 state-by-state PTSR overview. Massachusetts screening rules and portable-report mandates are separate questions.
Learn how landlords can accept a report through Portable Tenant
Portable Tenant's reusable report is an optional screening workflow in Massachusetts. The state-specific rules above still apply, and this article does not treat a PTSR as a Massachusetts mandate.
Massachusetts guidance says a landlord may not charge a tenant or prospective tenant an application fee or require a deposit to hold a unit. It also identifies background-check, credit-check, move-in, and similar charges that cannot be required as beginning-of-tenancy payments. Ask for an itemized explanation and legal source for any requested fee.
Before requesting CORI to evaluate a housing applicant, the requester must obtain a signed CORI Acknowledgment Form and follow identity-verification procedures. The regulation also addresses what happens if an applicant refuses consent to a lawful CORI request.
Yes, after the eviction record has been sealed under Massachusetts law. A tenant may then answer no record when a Massachusetts housing or credit application asks about the sealed eviction. Applications that ask about prior evictions must include a notice explaining this right.
Massachusetts source-of-income protections prohibit housing providers from refusing to rent or negotiate, setting different terms, or discouraging an applicant because the applicant receives public assistance or a housing subsidy. A provider using income criteria must count assistance and may not require employment income as the only acceptable source.
Ask which report or information was used and request the adverse-action notice. Under federal law, the notice should identify the tenant-screening company and explain the right to request a free copy of the report within 60 days and dispute inaccurate information. Check Massachusetts CORI disclosures as well.
The official Massachusetts sources reviewed for this September 2026 update do not confirm an enacted PTSR mandate. A Massachusetts bill, S.2982, concerns credit reporting for rent-subsidized tenants and was referred to Senate Ways and Means on March 12, 2026. A pending bill is not current law.
Obtain and share an optional Portable Tenant Screening Report
Portable Tenant Screening Reports can help renters share one reusable report and help landlords review a renter's information through a single link. Portable Tenant is not a substitute for legal advice, and Massachusetts landlords should confirm their current obligations before changing a screening policy.