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