1 of 2
HOUSE DOCKET, NO. 3625 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 1690
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Michael J. Moran
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act promoting housing opportunity and mobility through eviction sealing (HOMES).
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Michael J. Moran18th Suffolk1/17/2023Kevin G. Honan17th Suffolk1/20/2023Sean Garballey23rd Middlesex1/22/2023Lydia EdwardsThird Suffolk1/28/2023Angelo J. Puppolo, Jr.12th Hampden1/28/2023Sal N. DiDomenicoMiddlesex and Suffolk2/2/2023David Henry Argosky LeBoeuf17th Worcester2/2/2023Lindsay N. Sabadosa1st Hampshire2/2/2023Vanna Howard17th Middlesex2/2/2023Kay Khan11th Middlesex2/2/2023Steven Ultrino33rd Middlesex2/2/2023Patricia A. Duffy5th Hampden2/2/2023Jacob R. OliveiraHampden, Hampshire and Worcester2/2/2023Christine P. Barber34th Middlesex2/3/2023Adrian C. Madaro1st Suffolk2/6/2023Carmine Lawrence Gentile13th Middlesex2/6/2023Rebecca L. RauschNorfolk, Worcester and Middlesex2/6/2023Michelle M. DuBois10th Plymouth2/13/2023 2 of 2
Samantha Montaño15th Suffolk2/13/2023Jason M. LewisFifth Middlesex2/13/2023Tricia Farley-Bouvier2nd Berkshire2/13/2023Patrick M. O'ConnorFirst Plymouth and Norfolk2/13/2023Jack Patrick Lewis7th Middlesex2/16/2023Christopher Hendricks11th Bristol2/16/2023Mike Connolly26th Middlesex2/16/2023James B. EldridgeMiddlesex and Worcester2/24/2023Natalie M. Blais1st Franklin2/24/2023Erika Uyterhoeven27th Middlesex2/24/2023Margaret R. Scarsdale1st Middlesex2/24/2023Ruth B. Balser12th Middlesex2/24/2023Daniel R. Carey2nd Hampshire3/1/2023Carlos González10th Hampden3/1/2023Paul R. FeeneyBristol and Norfolk3/9/2023 1 of 8
HOUSE DOCKET, NO. 3625 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 1690
By Representative Moran of Boston, a petition (accompanied by bill, House, No. 1690) of
Michael J. Moran and others relative to evictions. The Judiciary.
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
An Act promoting housing opportunity and mobility through eviction sealing (HOMES).
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 “SECTION 135A. Chapter 239 of the General Laws is hereby amended by adding the
2following section:-
3 Section 15. (a) The following words, as used in this section, shall have the following
4meanings unless the context clearly requires otherwise:-
5 “Consumer report”, written, oral or other communication of any information by a
6consumer reporting agency bearing on a person’s credit worthiness, credit standing or credit
7capacity that is used or expected to be used or collected in whole or in part for the purpose of
8serving as a factor in establishing the person’s eligibility for rental housing or other purposes
9authorized under section 51 of chapter 93.
10 “Consumer reporting agency”, individual, partnership, corporation, trust, estate,
11cooperative, association, government or governmental subdivision or agency, or other entity that,
12for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in 2 of 8
13part in the practice of assembling or evaluating consumer credit information or other information
14on consumers for the purpose of furnishing consumer reports to third parties.
15 “Court”, the trial court of the commonwealth established pursuant to section 1 of chapter
16211B and any departments or offices established within the trial court.
17 “Court record”, paper or electronic records or data in any communicable form compiled
18by, on file with or in the care custody or control of, the court, that concern a person and relate to
19the nature or disposition of an eviction action or a lessor action.
20 “Eviction action”, a summary process action under this chapter to recover possession of
21residential premises.
22 “Lessor action” any civil action brought against the owner, manager or lessor of
23residential premises by the tenant or occupant of such premises relating to or arising out of such
24property, rental, tenancy or occupancy for breach of warranty, breach of any material provision
25of the rental agreement or violation of any other law.
26 “No-fault eviction” any eviction action in which the notice to quit, notice of termination
27or complaint does not include an allegation of nonpayment of rent or of violation of any material
28term of the tenancy by the tenant or occupant; provided, however that a “no-fault eviction” shall
29include an action brought after termination of a tenancy for economic, business or other reasons
30not constituting a violation of the terms of the tenancy.
31 (b) Any person having a court record of a no-fault eviction on file in a court may petition
32the court to seal the court record at any time after the conclusion of the action, including
33exhaustion of all rights of appeal. The petition shall be on a form furnished by the trial court of 3 of 8
34the commonwealth, signed under the penalties of perjury, and filed in the same court as the
35action sought to be sealed. If an action was active in more than 1 court during its pendency, then
36a petition may be filed in each such court. Notice shall be given to parties to the original action.
37The court shall comply with the petitioner’s request provided that the record only pertains to a
38no-fault eviction and the action has concluded with all rights of appeal exhausted. If no objection
39is filed by a party within seven (7) days of filing the petition, such court may, in its discretion,
40process such petitions administratively without a hearing .
41 (c) Any person having a court record in an eviction action for non-payment of rent on
42file in a court may, on a form furnished by the Trial Court and signed under the penalties of
43perjury, petition the court to seal the court record. The petition shall be filed in the same court as
44the action sought to be sealed. If an action was active in more than one court during its pendency,
45then a petition may be filed in each such court. Notice shall be given to parties to the original
46action. The court shall comply with the petitioner’s request provided that: the record of the action
47which the petitioner seeks to seal concluded, including exhaustion of all rights of appeal, not less
48than 4 years before the request and no eviction action for nonpayment or lessor action has been
49brought against the petitioner within the Commonwealth in the 4 years preceding the request;
50and (b) the petitioner certifies on the petition that the non-payment of rent was due to an
51economic hardship and such economic hardship has rendered them unable to satisfy the
52judgment. If no objection is filed by a party, the court may, in its discretion, process such
53petitions administratively without a hearing. If an objection is filed by a party, within seven (7)
54days of filing the petition, the Court shall conduct a hearing to determine the petitioner’s
55compliance with the foregoing conditions and may require the petitioner to complete a Financial
56Statement on a form furnished by the Trial Court. 4 of 8
57 (d) Any person having a court record of a fault eviction on file in a court may, on a form
58furnished by the Trial Court and signed under the penalties of perjury, petition the court to seal
59the court record. The petition shall be filed in the same court as the action sought to be sealed. If
60an action was active in more than one court during its pendency, then a petition may be filed in
61each such court. Notice shall be given to parties to the original action. The court shall comply
62with the petitioner’s request provided that the record of the action which the petitioner seeks to
63seal concluded, including exhaustion of all rights of appeal, not less than 7 years before the
64request and no eviction action for fault or lessor action has been brought against the petitioner
65within the Commonwealth in the 7 years preceding the request. If no objection is filed by a party,
66within seven (7) days of filing the petition, the court may, in its discretion, process such
67petitions administratively without a hearing .
68 (e) Any person having a court judgment against them in a civil action commenced
69pursuant to General Laws c. 139 Section 19 on file in a court may, on a form furnished by the
70Trial Court and signed under the penalties of perjury, petition the court to seal the court record.
71The petition shall be filed in the same court as the action sought to be sealed. If an action was
72active in more than one court during its pendency, then a petition may be filed in each such
73court. Notice shall be given to parties to the original action. The court shall schedule a hearing to
74determine: (a) whether such action which the petitioner seeks to seal concluded, including
75exhaustion of all rights of appeal, not less than 7 years before the request and no eviction action
76for fault, or action pursuant to General Laws c. 139 Section 19, has been brought against the
77petitioner within the Commonwealth in the 7 years preceding the request, and such petitioner has
78not been convicted of any criminal offense reference in Chapter 139, Section 19 during such 7
79year period; and (b) whether the sealing of such record is the interest of justice and public safety. 5 of 8
80Notwithstanding any provision to the contrary, where the plaintiff did not obtain a judgment in
81its favor, the defendant may petition to seal the court record at any time after the conclusion of
82the action, including exhaustion of all rights of appeal .
83 (e) Upon motion and for good cause shown, or as otherwise authorized by this section,
84court records sealed under this section may at the discretion of the court and upon a balancing of
85the interests of the litigants and the public in nondisclosure of the information with the interests
86of the requesting party, be made available for public safety, scholarly, educational, journalistic or
87governmental purposes only, provided, however, that the personal identifying information of the
88parties involved in the action, shall remain sealed unless the court determines that release of such
89information is appropriate under this subsection and necessary to fulfill the purpose of the
90request. Nothing in this subsection shall be deemed to permit the release of personal identifying
91information for commercial purposes.
92 (f) Nothing in this section shall prohibit the dissemination of information contained in a
93record sealed pursuant to this section as the court deems necessary or appropriate: (i) for the
94collection of a money judgment; (ii) to pursue a criminal investigation; (iii) to pursue a criminal
95prosecution; or (iv) where information in the sealed record was entered into evidence in a
96criminal prosecution that resulted in a criminal charge.
97 (g) Nothing in this section shall prohibit a person or their representative from petitioning
98the court to obtain access to sealed eviction records in which the person is a party.
99 (h) A consumer reporting agency shall not disclose the existence of, or information
100regarding, an eviction record sealed under this section or use information contained in a sealed
101court record as a factor to determine any score or recommendation to be included in a consumer 6 of 8
102report unless the court record was available for inspection with the court not more than 30 days
103of the report date. A consumer reporting agency may include in a consumer report, information
104found in publicly available court records, provided, however, that the consumer report shall
105include a person’s full name, whether an eviction action was a fault eviction, a no-fault eviction
106or a lessor action, and the outcome of any eviction action if such information is contained in the
107publicly-available court record. Information contained in a sealed court record shall be removed
108from the consumer report or from the calculation of any score or recommendation to be included
109in a consumer report not more than 30 days of the sealing of the court record from which it is
110derived. Any consumer reporting agency that violates this subsection shall be liable to the person
111who is the subject of the consumer report in an amount equal to the sum of any actual damages
112sustained by the consumer as a result of the failure and, the costs of the action, including
113reasonable attorney’s fees. The attorney general shall enforce the provisions of this paragraph
114and remedies provided hereunder shall not be exclusive. Nothing in this subsection shall be
115deemed to waive the rights or remedies of any person under any other law or regulation.
116 (i) An application used to screen applicants for housing or credit that seeks information
117concerning prior eviction actions of the applicant shall include the following statement: “An
118applicant for housing or credit with a sealed record on file with the court pursuant to section 15
119of chapter 239 of the General Laws may answer ‘no record’ to an inquiry relative to that sealed
120court record. No party shall be liable for any violation of the foregoing provision unless such
121party has first been issued a written warning from the Attorney General’s office and has failed to
122address the violation within ninety (90) days of such notice. The petition provided by the Court
123for the sealing of records as provided herein and any order granting such petition shall contain
124the following notice: “An applicant for housing or credit with a sealed record on file with the 7 of 8
125court pursuant to section 15 of chapter 239 of the General Laws may answer ‘no record’ to an
126inquiry relative to that sealed court record .”
127 (j) A party who obtains a judgment or enters into an agreement in an eviction action
128solely for nonpayment of rent, shall, not more than 14 days after satisfaction of the judgment or
129agreement, file with the court in which the judgment or agreement was entered a notice of
130satisfaction of the judgment or agreement. A party that has satisfied such a judgment or
131agreement may, upon noncompliance with this subsection by the other party, file a petition for
132the judgment or agreement to be deemed satisfied, with notice to the parties to such action. The
133court shall comply with the petitioner’s request provided that the record only pertains to an
134action for nonpayment of rent and the judgment or agreement has been satisfied. If no objection
135is filed by a party within seven (7) days of filing the petition, such court may, in its discretion,
136process such petitions administratively without a hearing. Upon the filing of a notice of
137satisfaction of judgment or an agreement, or court judgment deeming the judgment or agreement
138satisfied, a party may petition the court to seal the court record pertaining to that action. The
139petition shall be on a form furnished by the Trial Court of the commonwealth, signed under the
140penalties of perjury, and filed in the same court as the action sought to be sealed. If an action was
141active in more than 1 court during its pendency, a petition may be filed in each such court.
142Notice shall be given to parties to the original action. Such court shall comply with the
143petitioner’s request and seal the court record if the judgment or agreement has been satisfied and
144the action has concluded with all rights of appeal exhausted with no objection filed by a party
145within seven (7) days of filing the petition. The court may process such petitions administratively
146without a hearing.”; and 8 of 8
147 SECTION XX. Section 52 of chapter 93 of the General Laws, as appearing in the 2020
148Official Edition, is hereby amended, in subsection (a), by inserting at the end thereof the
149following clause:- (7) eviction records sealed pursuant to section 15 of chapter 239.
150 SECTION XX. Subsection (h ) of section 15 of Chapter 239 shall take effect May 1,
1512023.