Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H1483 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 3813 FILED ON: 1/17/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 1483
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Manny Cruz
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to the use of credit reporting for rent-subsidized tenants.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Manny Cruz7th Essex1/17/2025 1 of 4
16	16	HOUSE DOCKET, NO. 3813 FILED ON: 1/17/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 1483
18	18	By Representative Cruz of Salem, a petition (accompanied by bill, House, No. 1483) of Manny
19	19	Cruz relative to the use of credit reporting for rent-subsidized tenants. Housing.
20	20	The Commonwealth of Massachusetts
21	21	_______________
22	22	In the One Hundred and Ninety-Fourth General Court
23	23	(2025-2026)
24	24	_______________
25	25	An Act relative to the use of credit reporting for rent-subsidized tenants.
26	26	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
27	27	of the same, as follows:
28	28	1 SECTION 1. Section 51 of Chapter 93 of the General Laws is hereby amended by adding
29	29	2the following subsection:-
30	30	3 (vii) intends to use the information for tenant screening purposes in accordance with
31	31	4Section 51C.
32	32	5 SECTION 2. Said Chapter 93 is hereby further amended by inserting after Section 51B
33	33	6the following section:-
34	34	7 Section 51C. (a) For the purposes of this section, the following terms shall have the
35	35	8following meanings unless the context clearly indicates otherwise:
36	36	9 “Tenant screening purposes”, when used in connection with a consumer report, means a
37	37	10purpose related to the evaluation of a consumer for rental housing or retention as a renter or
38	38	11tenant. 2 of 4
39	39	12 (b) A person shall not: (i) use a consumer report in connection with or as a criterion for a
40	40	13tenant screening purpose if an applicant or tenant has a government rent subsidy; (ii) request or
41	41	14procure a consumer report for tenant screening purposes if an applicant or tenant has a
42	42	15government rent subsidy; or (iii) require an applicant or tenant with a government rent subsidy to
43	43	16answer a question about the contents of a consumer report or the information contained in it
44	44	17regarding credit worthiness, credit standing or credit capacity.
45	45	18 (c) Notwithstanding subsection (d), a person may use or request a consumer report for
46	46	19tenant screening purposes under subsection (e) if required to do so under federal or state law or
47	47	20regulation.
48	48	21 (d) Notwithstanding subsections (b) and (c), a person shall not use a consumer report in a
49	49	22manner that results in adverse housing discrimination prohibited by law.
50	50	23 (e) A landlord, or person acting on behalf of the landlord for tenant screening purpose,
51	51	24shall not obtain, use, or seek the consumer report of a tenant, or applicant with a government rent
52	52	25subsidy under subsection (c) unless the landlord or person acting on behalf of the landlord:
53	53	26 (i) obtains the written consent of the tenant or applicant with a government rent subsidy
54	54	27in a document that consists solely of the consent and does so each time that the person seeks to
55	55	28obtain such consumer report;
56	56	29 (ii) discloses the landlord’s reason for accessing the consumer report to the tenant or
57	57	30applicant with a government rent subsidy in writing; provided, however, that if a landlord intends
58	58	31to take an adverse action that is based, in whole or in part, on the report, the landlord shall
59	59	32disclose the reason for the action, including the information in the report that was the basis for
60	60	33the action, in writing at least 14 days prior to taking the action, along with a copy of the report 3 of 4
61	61	34and the notice of consumer rights required by 15 U.S.C. 1681g(c)(1); and provided further, that
62	62	35the landlord shall provide the tenant or applicant with a government rent subsidy, in a private
63	63	36discussion, the opportunity to dispute the relevance of the information upon which the landlord
64	64	37based the housing action and shall consider the dispute before making a final decision; and
65	65	38 (iii) ensures that costs associated with obtaining a consumer report are not paid by or
66	66	39passed on to the tenant or applicant with a government rent subsidy.
67	67	40 If, during the 14 day period under clause (ii), the tenant or applicant with a government
68	68	41rent subsidy provides oral or written notice to a, landlord, or person acting on behalf of the
69	69	42landlord that such tenant, or applicant is disputing the accuracy of the consumer report with a
70	70	43consumer reporting agency, the landlord or person acting on behalf of the landlord shall not take
71	71	44an adverse action until the resolution of the dispute under section 58 or 15 U.S.C. 1681i(a) and
72	72	45shall consider the results of the resolution before taking an adverse action.
73	73	46 (f) A landlord or person acting on behalf of the landlord shall not retaliate, discriminate
74	74	47or take an adverse action against a tenant or applicant with a government rent subsidy on the
75	75	48basis that such tenant or applicant has or intends to: (i) file a complaint pursuant to subsection
76	76	49(h); (ii) allege that the person violated this section; (iii) testify, assist, give evidence or participate
77	77	50in an investigation, proceeding or action concerning a violation of this section; or (iv) otherwise
78	78	51oppose a violation of this section.
79	79	52 (g) A waiver of this section shall be void and a person shall not require or request that a
80	80	53tenant or applicant with a government rent subsidy waive it.
81	81	54 (h) Failure to comply with this section shall constitute an unfair practice under clause (a)
82	82	55of section 2 of chapter 93A. 4 of 4
83	83	56 SECTION 3. This act shall take effect 90 days from the date of passage.