| 1 | 1 | | HOUSE . . . . . . . . No. 4356 |
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| 2 | 2 | | The Commonwealth of Massachusetts |
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| 3 | 3 | | ________________________________________ |
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| 4 | 4 | | HOUSE OF REPRESENTATIVES, February 12, 2024. |
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| 5 | 5 | | The committee on The Judiciary, to whom were referred the petition |
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| 6 | 6 | | (accompanied by bill, Senate, No. 956) of Lydia Edwards, Angelo J. |
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| 7 | 7 | | Puppolo, Jr., Sal N. DiDomenico, Jacob R. Oliveira and other members of |
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| 8 | 8 | | the General Court for legislation to promote housing opportunity and |
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| 9 | 9 | | mobility through eviction sealing (HOMES), and the petition |
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| 10 | 10 | | (accompanied by bill, House, No. 1690) of Michael J. Moran and others |
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| 11 | 11 | | relative to evictions, reports recommending that the accompanying bill |
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| 12 | 12 | | (House, No. 4356) ought to pass. |
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| 13 | 13 | | For the committee, |
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| 14 | 14 | | MICHAEL S. DAY. 1 of 8 |
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| 15 | 15 | | FILED ON: 2/5/2024 |
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| 16 | 16 | | HOUSE . . . . . . . . . . . . . . . No. 4356 |
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| 17 | 17 | | The Commonwealth of Massachusetts |
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| 18 | 18 | | _______________ |
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| 19 | 19 | | In the One Hundred and Ninety-Third General Court |
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| 20 | 20 | | (2023-2024) |
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| 21 | 21 | | _______________ |
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| 22 | 22 | | An Act promoting housing opportunity and mobility through eviction sealing (HOMES). |
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| 23 | 23 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 24 | 24 | | of the same, as follows: |
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| 25 | 25 | | 1 SECTION 1. Chapter 239 of the General Laws, as amended by chapter 28 of the acts of |
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| 26 | 26 | | 22023, is hereby amended by inserting, in subsection (c), after the words “each court having |
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| 27 | 27 | | 3jurisdiction over an action for summary process” the following words:- , including the number of |
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| 28 | 28 | | 4no-fault evictions, evictions for non-payment of rent, and fault evictions as defined in section 16. |
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| 29 | 29 | | 5 SECTION 2. Said chapter 239, as so appearing, is hereby further amended by inserting |
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| 30 | 30 | | 6after section 15 the following section:- |
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| 31 | 31 | | 7 Section 16. (a) As used in this section, the following words, unless the context clearly |
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| 32 | 32 | | 8requires otherwise, shall have the following meanings:- |
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| 33 | 33 | | 9 “Consumer report”, any written, oral or other communication of any information by a |
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| 34 | 34 | | 10consumer reporting agency bearing on a person’s credit worthiness, credit standing or credit |
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| 35 | 35 | | 11capacity that is used or expected to be used or collected in whole or in part for the purpose of |
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| 36 | 36 | | 12serving as a factor in establishing the person’s eligibility for rental housing or other purposes |
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| 37 | 37 | | 13authorized under section 51 of chapter 93. 2 of 8 |
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| 38 | 38 | | 14 “Consumer reporting agency”, any individual, partnership, corporation, trust, estate, |
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| 39 | 39 | | 15cooperative, association, government or governmental subdivision or agency, or other entity that, |
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| 40 | 40 | | 16for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in |
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| 41 | 41 | | 17part in the practice of assembling or evaluating consumer credit information or other information |
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| 42 | 42 | | 18on consumers for the purpose of furnishing consumer reports to third parties. |
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| 43 | 43 | | 19 “Court”, the trial court of the commonwealth established pursuant to section 1 of chapter |
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| 44 | 44 | | 20211B and any departments or offices established within the trial court. |
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| 45 | 45 | | 21 “Court record”, paper or electronic records or data in any communicable form compiled |
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| 46 | 46 | | 22by, on file with or in the care custody or control of, the court, that concern a person and relate to |
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| 47 | 47 | | 23the nature or disposition of an eviction action or a lessor action. |
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| 48 | 48 | | 24 “Eviction action”, a summary process action under this chapter to recover possession of |
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| 49 | 49 | | 25residential premises, civil action under section 19 of chapter 139 to obtain an order requiring a |
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| 50 | 50 | | 26tenant or occupant to vacate residential premises, or any other civil action brought against a |
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| 51 | 51 | | 27tenant or occupant to obtain possession of or exclusive access to the residential premises. |
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| 52 | 52 | | 28 “Fault eviction”, an eviction action in which the notice to quit, notice of termination or |
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| 53 | 53 | | 29complaint alleges a material violation of the terms of a residential tenancy or occupancy; |
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| 54 | 54 | | 30provided, however, that an eviction action solely for nonpayment of rent shall not be considered |
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| 55 | 55 | | 31a fault eviction; provided further, however, that an action brought after termination of a tenancy |
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| 56 | 56 | | 32for economic, business or other reasons not constituting a violation of the terms of the tenancy or |
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| 57 | 57 | | 33occupancy shall not be considered a fault eviction. |
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| 58 | 58 | | 34 “Lessor action” any civil action brought against the owner, manager or lessor of |
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| 59 | 59 | | 35residential premises by the tenant or occupant of such premises relating to or arising out of such 3 of 8 |
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| 60 | 60 | | 36property, rental, tenancy or occupancy for breach of warranty, breach of any material provision |
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| 61 | 61 | | 37of the rental agreement or other violation of law. |
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| 62 | 62 | | 38 “No-fault eviction” any eviction action in which the notice to quit, notice of termination |
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| 63 | 63 | | 39or complaint does not include an allegation of nonpayment of rent or of violation of any material |
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| 64 | 64 | | 40term of the tenancy or occupancy; provided, however that a no-fault eviction shall include an |
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| 65 | 65 | | 41action brought after termination of a tenancy for economic, business or other reasons not |
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| 66 | 66 | | 42constituting a violation of the terms of the tenancy or occupancy. |
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| 67 | 67 | | 43 (b) Any person having a court record of a no-fault eviction on file in a court may petition |
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| 68 | 68 | | 44the court to seal the court record at any time after the conclusion of the action, including |
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| 69 | 69 | | 45exhaustion of all rights of appeal. The petition shall be on a form furnished by the trial court of |
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| 70 | 70 | | 46the commonwealth, signed under the penalties of perjury, and filed in the same court as the |
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| 71 | 71 | | 47action sought to be sealed. If an action was active in more than 1 court during its pendency, then |
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| 72 | 72 | | 48a petition may be filed in each such court. Notice need not be given to parties to the original |
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| 73 | 73 | | 49action. The court shall comply with the petitioner’s request provided that the court record only |
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| 74 | 74 | | 50pertains to a no-fault eviction and the action has concluded with all rights of appeal exhausted. |
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| 75 | 75 | | 51The court may, in its discretion, process the petition administratively without a hearing. |
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| 76 | 76 | | 52 (c) Any person having a court record in an eviction action for non-payment of rent on file |
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| 77 | 77 | | 53in a court may, on a form furnished by the Trial Court and signed under the penalties of perjury, |
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| 78 | 78 | | 54petition the court to seal the court record. The petition shall be filed in the same court as the |
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| 79 | 79 | | 55action sought to be sealed. If an action was active in more than 1 court during its pendency, then |
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| 80 | 80 | | 56a petition may be filed in each such court. Notice shall be given to parties to the original action. |
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| 81 | 81 | | 57The court shall comply with the petitioner’s request provided that: (i) the record of the action 4 of 8 |
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| 82 | 82 | | 58which the petitioner seeks to seal concluded, including exhaustion of all rights of appeal, not less |
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| 83 | 83 | | 59than 3 years before the request; (ii) no eviction action for nonpayment has been brought against |
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| 84 | 84 | | 60the petitioner within the Commonwealth in the 3 years preceding the request; and (iii) the |
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| 85 | 85 | | 61petitioner certifies on the petition that non-payment was due to an economic hardship and such |
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| 86 | 86 | | 62economic hardship has rendered them unable to satisfy the judgment. If no objection is filed by a |
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| 87 | 87 | | 63party within 7 days of filing the petition, the court may, in its discretion, process the petition |
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| 88 | 88 | | 64administratively without a hearing. If an objection is filed within that time, the court shall |
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| 89 | 89 | | 65conduct a hearing to determine the petitioner’s compliance with the foregoing conditions and |
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| 90 | 90 | | 66may require the petitioner complete a financial statement on a form furnished by the Trial Court. |
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| 91 | 91 | | 67 (d) Any person having a court record of a fault eviction on file in a court may, on a form |
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| 92 | 92 | | 68furnished by the Trial Court and signed under the penalties of perjury, petition the court to seal |
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| 93 | 93 | | 69the court record. The petition shall be filed in the same court as the action sought to be sealed. If |
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| 94 | 94 | | 70an action was active in more than 1 court during its pendency, then a petition may be filed in |
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| 95 | 95 | | 71each such court. Notice shall be given to parties to the original action. The court shall comply |
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| 96 | 96 | | 72with the petitioner’s request provided that the record of the action which the petitioner seeks to |
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| 97 | 97 | | 73seal concluded, including exhaustion of all rights of appeal, not less than 5 years before the |
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| 98 | 98 | | 74request and no eviction action for fault or lessor action has been brought against the petitioner |
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| 99 | 99 | | 75within the Commonwealth in the 5 years preceding the request; provided, however, that, if the |
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| 100 | 100 | | 76court record is for a civil action under section 19 of chapter 139, the court shall only comply with |
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| 101 | 101 | | 77the petitioner’s request if, in addition to the preceding requirements, the petitioner has not been |
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| 102 | 102 | | 78convicted of any criminal offense referenced in section 19 of chapter 139 in the 5 years |
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| 103 | 103 | | 79preceding the request and the court finds that sealing the court record is in the interest of justice |
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| 104 | 104 | | 80and public safety. If no objection is filed by a party within 7 days of filing the petition, the court 5 of 8 |
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| 105 | 105 | | 81may, in its discretion, process the petition administratively without a hearing. If an objection is |
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| 106 | 106 | | 82filed within that time, the court shall conduct a hearing to determine the petitioner’s compliance |
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| 107 | 107 | | 83with the foregoing conditions. |
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| 108 | 108 | | 84 (e) Any person having a court record of an eviction action that resulted in dismissal or |
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| 109 | 109 | | 85final judgment in favor of the defendant may petition the court to seal the court record at any |
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| 110 | 110 | | 86time after the conclusion of the action, including exhaustion of all rights of appeal. The petition |
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| 111 | 111 | | 87shall be on a form furnished by the Trial Court, signed under the penalties of perjury, and filed in |
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| 112 | 112 | | 88the same court as the action sought to be sealed. If an action was active in more than 1 court |
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| 113 | 113 | | 89during its pendency, then a petition may be filed in each such court. Notice need not be given to |
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| 114 | 114 | | 90parties to the original action. The court may, in its discretion, process the petition |
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| 115 | 115 | | 91administratively without a hearing. |
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| 116 | 116 | | 92 (f)(i) A party who obtains a judgment or enters into an agreement in an eviction action |
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| 117 | 117 | | 93solely for nonpayment of rent, shall, not more than 14 days after satisfaction of the judgment or |
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| 118 | 118 | | 94agreement, file with the court in which the judgment or agreement was entered a notice of |
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| 119 | 119 | | 95satisfaction of the judgment or agreement. A party that has satisfied the judgment or agreement |
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| 120 | 120 | | 96may, upon noncompliance with this subsection by the opposing party, file a petition for the |
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| 121 | 121 | | 97judgment or agreement to be deemed satisfied. Notice shall be given to all parties. The court |
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| 122 | 122 | | 98shall comply with the petitioner’s request to deem the judgment or agreement satisfied if the |
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| 123 | 123 | | 99court record only pertains to an action for nonpayment of rent and the judgment or agreement has |
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| 124 | 124 | | 100been satisfied. If no objection is filed by a party within 7 days of filing the petition, the court |
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| 125 | 125 | | 101may, in its discretion, process the petition administratively without a hearing. If an objection is |
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| 126 | 126 | | 102filed within that time, the court shall conduct a hearing to determine the petitioner’s compliance |
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| 127 | 127 | | 103with the foregoing conditions. 6 of 8 |
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| 128 | 128 | | 104 (ii)Upon the filing of a notice of satisfaction of judgment or agreement, or court order |
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| 129 | 129 | | 105deeming the judgment or agreement satisfied, a party may petition the court to seal the court |
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| 130 | 130 | | 106record pertaining to that action. The petition shall be on a form furnished by the Trial Court of |
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| 131 | 131 | | 107the Commonwealth, signed under the penalties of perjury, and filed in the same court as the |
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| 132 | 132 | | 108action sought to be sealed. If an action was active in more than 1 court during its pendency, a |
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| 133 | 133 | | 109petition may be filed in each such court. Notice shall be given to parties to the original action. |
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| 134 | 134 | | 110The court shall comply with the petitioner’s request and seal the court record if the judgment or |
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| 135 | 135 | | 111agreement has been satisfied and the action has concluded with all rights of appeal exhausted. If |
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| 136 | 136 | | 112no objection is filed by a party within 7 days of filing the petition, the court may, in its |
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| 137 | 137 | | 113discretion, process the petition administratively without a hearing. If an objection is filed within |
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| 138 | 138 | | 114that time, the court shall conduct a hearing to determine the petitioner’s compliance. |
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| 139 | 139 | | 115 (g) Notwithstanding the foregoing, the court may, in its discretion, process a petition |
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| 140 | 140 | | 116under this section administratively without a hearing or waive any requirement under this section |
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| 141 | 141 | | 117upon a determination by the court that such waiver is in the interest of justice and public safety. |
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| 142 | 142 | | 118 (h) Upon motion and for good cause shown, or as otherwise authorized by this section, |
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| 143 | 143 | | 119court records sealed under this section may, at the discretion of the court upon a balancing of the |
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| 144 | 144 | | 120interests of the litigants and the public in nondisclosure of the information with the interests of |
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| 145 | 145 | | 121the requesting party, be made available for public safety, scholarly, educational, journalistic or |
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| 146 | 146 | | 122governmental purposes only; provided, however, that the personal identifying information of the |
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| 147 | 147 | | 123parties involved in the action shall remain sealed unless the court determines that release of such |
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| 148 | 148 | | 124information is appropriate and necessary to fulfill the purpose of the request. Nothing in this |
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| 149 | 149 | | 125subsection shall be deemed to permit the release of personal identifying information for |
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| 150 | 150 | | 126commercial purposes. 7 of 8 |
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| 151 | 151 | | 127 (i) Nothing in this section shall prohibit the dissemination of information contained in a |
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| 152 | 152 | | 128court record sealed pursuant to this section as the court deems necessary or appropriate or the |
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| 153 | 153 | | 129collection of a money judgment. |
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| 154 | 154 | | 130 (j) Nothing in this section shall prohibit a person or their representative from obtaining |
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| 155 | 155 | | 131access to sealed eviction records in which the person is a party. |
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| 156 | 156 | | 132 (k) A consumer reporting agency shall not disclose the existence of, or information |
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| 157 | 157 | | 133regarding, a court record sealed under this section or use information contained in a sealed court |
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| 158 | 158 | | 134record as a factor to determine any score or recommendation to be included in a consumer report |
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| 159 | 159 | | 135unless the court record was available for inspection with the court not more than 45 days of the |
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| 160 | 160 | | 136report date. A consumer reporting agency may include in a consumer report, information found |
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| 161 | 161 | | 137in publicly available court records; provided, however, that the consumer report shall include a |
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| 162 | 162 | | 138person’s full name, whether an eviction action was a fault eviction, no-fault eviction, action for |
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| 163 | 163 | | 139non-payment of rent, or lessor action, and the outcome of any eviction action if such information |
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| 164 | 164 | | 140is contained in the publicly available court record. Information contained in a sealed court record |
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| 165 | 165 | | 141shall be removed from the consumer report or from the calculation of any score or |
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| 166 | 166 | | 142recommendation to be included in a consumer report not more than 45 days from the entry of the |
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| 167 | 167 | | 143sealing on the court’s public docket. Any consumer reporting agency that violates this subsection |
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| 168 | 168 | | 144shall be liable to the person who is the subject of the consumer report for damages sustained by |
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| 169 | 169 | | 145the consumer as a result of the failure and the costs of the action, including reasonable attorney’s |
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| 170 | 170 | | 146fees. The attorney general shall enforce the provisions of this paragraph; provided, however, that |
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| 171 | 171 | | 147nothing in this subsection shall be deemed to waive the rights of any person to proceed on a |
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| 172 | 172 | | 148private right of action under this subsection or pursue any other right or remedy under any other |
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| 173 | 173 | | 149law or regulation. 8 of 8 |
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| 174 | 174 | | 150 (l) An application used to screen applicants for housing or credit that seeks information |
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| 175 | 175 | | 151concerning prior eviction actions or lessor actions of the applicant shall include the following |
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| 176 | 176 | | 152statement: “An applicant for housing or credit with a sealed record on file with the court pursuant |
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| 177 | 177 | | 153to section 16 of chapter 239 of the General Laws may answer ‘no record’ to an inquiry relative to |
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| 178 | 178 | | 154that sealed court record.” Any order granting a petition to seal an eviction record under this |
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| 179 | 179 | | 155section shall contain the following notice: “An applicant for housing or credit with a sealed |
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| 180 | 180 | | 156record on file with the court pursuant to section 16 of chapter 239 of the General Laws may |
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| 181 | 181 | | 157answer ‘no record’ to an inquiry relative to that sealed court record.” |
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| 182 | 182 | | 158 SECTION 3. Section 52 of chapter 93 of the General Laws, as appearing in the 2022 |
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| 183 | 183 | | 159Official Edition, is hereby amended by inserting, at the end of subsection (a), the following |
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| 184 | 184 | | 160clause:- (7) court records sealed pursuant to section 16 of chapter 239. |
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| 185 | 185 | | 161 SECTION 4. Subsection (k) of section 16 of chapter 239 shall take effect November 1, |
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| 186 | 186 | | 1622024. |
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| 187 | 187 | | 163 SECTION 5. Section 3 shall take effect November 1, 2024. |
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