Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S995 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 969 FILED ON: 1/15/2025
3	3	SENATE . . . . . . . . . . . . . . No. 995
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Adam Gomez
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 :Adam GomezHampden 1 of 4
16	16	SENATE DOCKET, NO. 969 FILED ON: 1/15/2025
17	17	SENATE . . . . . . . . . . . . . . No. 995
18	18	By Mr. Gomez, a petition (accompanied by bill, Senate, No. 995) of Adam Gomez for legislation
19	19	relative to the use of credit reporting in housing. Housing.
20	20	[SIMILAR MATTER FILED IN PREVIOUS SESSION
21	21	SEE SENATE, NO. 877 OF 2023-2024.]
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Fourth General Court
25	25	(2025-2026)
26	26	_______________
27	27	An Act relative to the use of credit reporting for rent-subsidized tenants.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. Section 51 of Chapter 93 of the General Laws is hereby amended by adding
31	31	2the following subsection:-
32	32	3 (vii) intends to use the information for tenant screening purposes in accordance with
33	33	4Section 51C.
34	34	5 SECTION 2. Said Chapter 93 is hereby further amended by inserting after Section 51B
35	35	6the following section:-
36	36	7 Section 51C. (a) For the purposes of this section, the following terms shall have the
37	37	8following meanings unless the context clearly indicates otherwise: 2 of 4
38	38	9 “Tenant screening purposes”, when used in connection with a consumer report, means a
39	39	10purpose related to the evaluation of a consumer for rental housing or retention as a renter or
40	40	11tenant.
41	41	12 (b) A person shall not: (i) use a consumer report in connection with or as a criterion for a
42	42	13tenant screening purpose if an applicant or tenant has a government rent subsidy; (ii) request or
43	43	14procure a consumer report for tenant screening purposes if an applicant or tenant has a
44	44	15government rent subsidy; or (iii) require an applicant or tenant with a government rent subsidy to
45	45	16answer a question about the contents of a consumer report or the information contained in it
46	46	17regarding credit worthiness, credit standing or credit capacity.
47	47	18 (c) Notwithstanding subsection (d), a person may use or request a consumer report for
48	48	19tenant screening purposes under subsection (e) if required to do so under federal or state law or
49	49	20regulation.
50	50	21 (d) Notwithstanding subsections (b) and (c), a person shall not use a consumer report in a
51	51	22manner that results in adverse housing discrimination prohibited by law.
52	52	23 (e) A landlord, or person acting on behalf of the landlord for tenant screening purpose,
53	53	24shall not obtain, use, or seek the consumer report of a tenant, or applicant with a government rent
54	54	25subsidy under subsection (c) unless the landlord or person acting on behalf of the landlord:
55	55	26 (i) obtains the written consent of the tenant or applicant with a government rent subsidy
56	56	27in a document that consists solely of the consent and does so each time that the person seeks to
57	57	28obtain such consumer report; 3 of 4
58	58	29 (ii) discloses the landlord’s reason for accessing the consumer report to the tenant or
59	59	30applicant with a government rent subsidy in writing; provided, however, that if a landlord intends
60	60	31to take an adverse action that is based, in whole or in part, on the report, the landlord shall
61	61	32disclose the reason for the action, including the information in the report that was the basis for
62	62	33the action, in writing at least 14 days prior to taking the action, along with a copy of the report
63	63	34and the notice of consumer rights required by 15 U.S.C. 1681g(c)(1); and provided further, that
64	64	35the landlord shall provide the tenant or applicant with a government rent subsidy, in a private
65	65	36discussion, the opportunity to dispute the relevance of the information upon which the landlord
66	66	37based the housing action and shall consider the dispute before making a final decision; and
67	67	38 (iii) ensures that costs associated with obtaining a consumer report are not paid by or
68	68	39passed on to the tenant or applicant with a government rent subsidy.
69	69	40 If, during the 14 day period under clause (ii), the tenant or applicant with a government
70	70	41rent subsidy provides oral or written notice to a, landlord, or person acting on behalf of the
71	71	42landlord that such tenant, or applicant is disputing the accuracy of the consumer report with a
72	72	43consumer reporting agency, the landlord or person acting on behalf of the landlord shall not take
73	73	44an adverse action until the resolution of the dispute under section 58 or 15 U.S.C. 1681i(a) and
74	74	45shall consider the results of the resolution before taking an adverse action.
75	75	46 (f) A landlord or person acting on behalf of the landlord shall not retaliate, discriminate
76	76	47or take an adverse action against a tenant or applicant with a government rent subsidy on the
77	77	48basis that such tenant or applicant has or intends to: (i) file a complaint pursuant to subsection
78	78	49(h); (ii) allege that the person violated this section; (iii) testify, assist, give evidence or participate 4 of 4
79	79	50in an investigation, proceeding or action concerning a violation of this section; or (iv) otherwise
80	80	51oppose a violation of this section.
81	81	52 (g) A waiver of this section shall be void and a person shall not require or request that a
82	82	53tenant or applicant with a government rent subsidy waive it.
83	83	54 (h) Failure to comply with this section shall constitute an unfair practice under clause (a)
84	84	55of section 2 of chapter 93A.
85	85	56 SECTION 3. This act shall take effect 90 days from the date of passage.