This is informational only and not legal advice.

An eviction — also called a summary process action in Massachusetts — begins when a landlord files a complaint in Housing Court or District Court after issuing a Notice to Quit. Even cases that are dismissed, won by the tenant, or resolved through an agreement can still appear in court records and be accessed by tenant screening companies. Before May 2025, there was no formal mechanism for tenants to remove these records from public view.

The Massachusetts Affordable Homes Act (signed in 2024, with eviction sealing provisions effective May 5, 2025) created a legal right to petition courts to seal eviction records in qualifying cases. Sealed records cannot be reported by consumer reporting agencies, and tenants with sealed records may answer “no record” on Massachusetts housing and credit applications.

However, not every eviction is sealable. Eligibility depends on the type of case — whether it was dismissed, decided in the tenant’s favor, resolved by agreement, or resulted in a judgment against the tenant — as well as the age of the case and other statutory factors. The law is enforced in part by the Office of the Attorney General, which oversees compliance by housing application providers.

For members currently searching for housing with an unsealed eviction record, understanding documentation strategy, individualized assessment rights, and proactive disclosure tactics is essential before submitting applications.

This is informational only and not legal advice.

In Massachusetts, an eviction proceeding — formally called a summary process action — is a civil court case filed by a landlord seeking to remove a tenant. Cases are heard primarily in the seven regional Housing Courts and in District Courts across the state. The moment a case is filed, it generates a public court record. Historically, even tenants who won their cases, had cases dismissed, or reached a settlement agreement carried that court record forward indefinitely, where it could be discovered by tenant screening companies and reported to landlords.

This created a documented barrier to housing access. Studies of Massachusetts housing court data found that tenants with any eviction record — regardless of outcome — faced dramatically higher rejection rates in the private rental market and faced additional scrutiny in the subsidized housing system.

The 2025 Eviction Record Sealing Law

The Massachusetts Affordable Homes Act, signed by Governor Maura Healey in 2024, included eviction record sealing provisions codified at General Laws chapter 239, section 16. These provisions took legal effect on May 5, 2025. The law gives tenants the right to petition courts to seal qualifying eviction records, after which those records are removed from public access and cannot be reported by consumer reporting agencies operating in Massachusetts.

Once a record is sealed, a tenant may legally answer “no record” on any Massachusetts housing or credit application that asks about eviction history. Applications for housing or credit in Massachusetts that ask about eviction history are now legally required to include a notice advising applicants of this right. The Office of the Attorney General has authority to issue warning letters to providers who fail to include this notice.

Eligibility for sealing varies by case type. Dismissed cases, cases decided in the tenant’s favor, and some cases resolved through agreement may be sealed after a statutory waiting period expires. Cases resulting in a judgment against the tenant follow different criteria. Tenants should visit www.SealMyEviction.org for current guidance and access the Trial Court’s Guided Interview tool, which helps petitioners complete the sealing process.

How Eviction Records Affect Rental Screening

Before May 2025, and still today for records that have not yet been sealed, eviction court records in Massachusetts are publicly accessible through the Trial Court’s online portal, allowing tenant screening companies to pull and report them. Landlords reviewing screening reports may see a case listed even if the tenant prevailed, even if the case was dismissed for landlord error, and even if the eviction occurred due to a temporary hardship such as job loss or medical crisis.

Private landlords in Massachusetts are permitted to use eviction history in their screening decisions, though they cannot adopt blanket “no eviction record” policies that violate fair housing principles or have discriminatory disparate impact on protected classes. Public housing authorities and subsidized housing providers operate under additional federal and state rules that govern how eviction history can be used in eligibility determinations.

If your eviction record is sealed, carry documentation confirming the sealing when applying for housing. If your record is not yet sealed but is eligible, begin the sealing process as early as possible before applying. If your record is not eligible for sealing, consider preparing a brief, factual written statement explaining the circumstances of the eviction — courts and some landlords give meaningful weight to context, particularly if the matter was resolved, if you fulfilled any repayment obligations, or if significant time has passed since the event.

Contacting the landlord or property manager before applying to explain your situation and show your rental payment history since the eviction can improve your chances. Letters of reference from prior landlords, employers, social workers, or housing counselors can also strengthen an application.

Next Steps

Visit www.SealMyEviction.org to determine if your record is eligible for sealing and access the court’s Guided Interview tool. Request a copy of your own eviction record from the Trial Court to understand exactly what appears. Contact Greater Boston Legal Services, Massachusetts Law Reform Institute, or your regional legal aid organization for free assistance with the sealing petition process. If you were denied housing based on an eviction record and believe the denial was discriminatory, contact the Massachusetts Commission Against Discrimination (MCAD) or the Attorney General’s Civil Rights Division. This is informational only and not legal advice.

Massachusetts eviction proceedings are governed by G.L. c. 239, the Summary Process statute, which establishes the procedural framework for landlord-initiated removal actions. Cases are heard in the Housing Court Department (seven divisions statewide), District Courts, and in limited circumstances, the Superior Court. The Housing Court Department has statewide jurisdiction for all residential housing disputes under the Housing Court Act, G.L. c. 185C.

The eviction record sealing framework was enacted as part of the Affordable Homes Act (2024) and is codified at G.L. c. 239, § 16, with an effective date of May 5, 2025. Under § 16, a tenant who meets the statutory criteria may petition the court that entered the judgment (or in which the case was filed) to seal the eviction record. Upon sealing, the record is removed from public-facing court records and from the Trial Court’s online case lookup system.

Section 16(j) of the statute imposes a disclosure obligation on any person or entity providing a housing or credit application in Massachusetts that inquires about prior eviction history. Such applications must include the following statutory notice: “An applicant for housing or credit with a sealed record on file with the court pursuant to section 16 of chapter 239 of the General Laws may answer ‘no record’ to an inquiry relative to that sealed court record.” Failure to include this notice, after a written warning from the Attorney General’s Office, may expose the application provider to enforcement action.

Tenant screening reports that include eviction history are “consumer reports” as defined by the federal Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. Consumer reporting agencies that compile and sell this data must comply with FCRA accuracy, disclosure, and dispute resolution requirements. Importantly, G.L. c. 239, § 16 now prohibits Massachusetts consumer reporting agencies from including sealed eviction records in tenant screening reports. A CRA that includes a sealed eviction record in a consumer report sold to a Massachusetts housing provider would be in violation of both state law and potentially the FCRA’s accuracy requirements under 15 U.S.C. § 1681e(b).

Tenants who discover that a sealed eviction record has been reported by a CRA have the right to dispute the entry under the FCRA, and may have a private right of action for willful or negligent noncompliance under 15 U.S.C. §§ 1681n and 1681o.

Public Housing and Subsidized Housing Eligibility Rules

For state-aided public housing, the Massachusetts Executive Office of Housing and Livable Communities (EOHLC) sets admissions standards that allow local Housing Authorities to consider prior eviction history in eligibility decisions. Local Housing Authorities maintain Admissions and Continued Occupancy Policies (ACOPs) that specify how eviction history is weighted. Applicants denied admission due to eviction history have the right to an informal hearing or grievance procedure before the local Housing Authority.

For federally assisted housing — including HUD public housing and Housing Choice Voucher (Section 8) programs — PHAs are permitted under 24 C.F.R. § 960.203 and § 982.553 to screen for eviction history and deny admission to households evicted from federally assisted housing for drug-related criminal activity within the preceding three years, though PHAs may set additional criteria in their ACOPs. A prior eviction from private housing is subject to individualized PHA policy.

Fair Housing Implications

Blanket denial policies based on eviction history can raise fair housing concerns under the Fair Housing Act, 42 U.S.C. § 3604, and G.L. c. 151B. Because Black, Latino, and female-headed households are statistically overrepresented in eviction court data in Massachusetts, automatic exclusions based on eviction records may constitute disparate impact discrimination. HUD’s 2016 guidance on the use of criminal records in housing (and applicable reasoning regarding eviction records) confirms that housing providers should conduct individualized assessments rather than categorical exclusions. In Massachusetts, MCAD enforces G.L. c. 151B and can investigate complaints of discriminatory housing denial.

Sealing Eligibility Criteria — Practitioner Overview

Under G.L. c. 239, § 16, courts have discretion to seal eviction records in the following circumstances, among others: cases dismissed without prejudice, cases dismissed with prejudice, cases in which the tenant obtained a judgment in their favor, cases resolved through a settlement or agreement for judgment, and cases in which the underlying debt has been satisfied. Cases involving eviction for criminal activity or endangerment of others may face higher scrutiny. Waiting periods, where applicable, are established in the statute. Practitioners advising clients should consult the current version of § 16 and the Trial Court’s implementing guidelines.

Practitioner-Level Navigation

Practitioners representing tenants with eviction records should take the following steps: (1) obtain a certified copy of the case docket to verify the outcome and date of disposition; (2) assess sealing eligibility under G.L. c. 239, § 16; (3) if eligible, file the petition promptly and advise the client to delay housing applications until sealing is confirmed; (4) if ineligible for sealing, prepare a mitigation package documenting the circumstances, subsequent rental history, and evidence of changed circumstances; (5) if a sealed record has been reported by a CRA, file a dispute under the FCRA and preserve documentation for potential civil action; and (6) if the client is applying for public housing, review the applicable Housing Authority’s ACOP and prepare for the informal hearing process if a denial is issued.

This is informational only and not legal advice.

The foundational statute for Massachusetts eviction proceedings is General Laws chapter 239 (Summary Process), which governs all residential and commercial landlord-tenant removal actions. Courts with jurisdiction include the Housing Court Department (Greater Boston,

Northeast, Southeast, Eastern, Western, Central, and Metro South divisions), District Courts, and the Superior Court in limited circumstances. The Housing Court Act is codified at G.L. c. 185C.

The Affordable Homes Act, signed by Governor Healey in 2024, enacted sweeping housing legislation including the eviction record sealing provisions found at G.L. c. 239, § 16, effective May 5, 2025. This statute creates a petition-based mechanism for tenants to seal qualifying eviction records and prohibits consumer reporting agencies from reporting sealed records in Massachusetts.

The disclosure notice requirement is codified at G.L. c. 239, § 16(j). The Massachusetts Attorney General’s Civil Rights Division has enforcement authority. MCAD enforces G.L. c. 151B with respect to housing discrimination complaints arising from eviction record use. FCRA compliance for tenant screening reports is governed federally by 15 U.S.C. § 1681 et seq. and enforced by the Federal Trade Commission and Consumer Financial Protection Bureau.

For federal public housing and voucher programs, HUD regulations at 24 C.F.R. Parts 960 and 982 govern admissions screening standards. State-aided public housing is administered by EOHLC and local Housing Authorities under the CHAMP system (Common Housing Application for Massachusetts Programs), accessible at publichousingapplication.ocd.state.ma.us.

Prior to sealing, Massachusetts eviction records are publicly accessible through the Trial Court’s public case lookup portal (masscourts.org), making them readily available to tenant screening companies and landlords conducting due-diligence searches. Most national and regional tenant screening platforms pull Massachusetts Housing Court and District Court data. A case appearing in screening results will typically list the case number, parties, filing date, and disposition — including cases the tenant won or cases dismissed before judgment.

Landlords receiving tenant screening reports containing eviction history may use that information in rental decisions. For subsidized housing programs, Housing Authorities review eviction history as part of their admissions determination process and may deny eligibility or place applicants on waiting lists based on prior eviction activity. Once a record is sealed under G.L. c. 239, § 16, however, consumer reporting agencies are legally barred from including it in their reports, and the tenant may answer “no record” on Massachusetts housing applications. Landlords who receive an application that omits a sealed record may not treat that omission as a misrepresentation.

The impact of eviction records is compounded by credit reporting. Unpaid rent judgments from eviction proceedings can appear as civil judgments on credit reports and reduce credit scores, creating a dual barrier — the court record and the credit impact — that must often be addressed simultaneously.

Greater Boston Legal Services (GBLS) Statewide / Greater Boston Phone: (617) 603-1700 | Toll-free: (800) 323-3205 Website: www.gbls.org Provides free civil legal assistance on housing matters including eviction defense, eviction record sealing, and subsidized housing denials for income-eligible residents.

Massachusetts Law Reform Institute (MLRI) Statewide Phone: (617) 357-0700 Website: www.mlri.org Leads statewide policy and legal advocacy on eviction sealing; produced foundational guidance on the 2025 sealing law; partner on SealMyEviction.org.

MetroWest Legal Services Framingham / MetroWest Region Phone: (508) 620-1830 Website: www.mwlegal.org Free civil legal aid including housing and eviction representation for low-income residents in the MetroWest area.

Northeast Legal Aid Lawrence, Lowell, and Northeast Massachusetts Phone: (978) 458-1465 Website: www.northeastlegalaid.org Provides free legal representation in eviction and housing matters for qualifying residents in northeastern Massachusetts.

Community Legal Aid Worcester / Central and Western Massachusetts Phone: (508) 752-3718 Website: www.communitylegal.org Free legal services for low-income residents in central and western Massachusetts, including eviction defense and Housing Court representation.

South Coastal Counties Legal Services New Bedford / Southeast Massachusetts Phone: (508) 979-7150 Website: www.sccls.org Free civil legal aid including housing representation for qualifying residents in southeastern Massachusetts.

Volunteer Lawyers Project (VLP) Statewide Website: www.vlpnet.org Provides pro bono legal representation through volunteer attorneys for income-eligible residents facing housing legal matters.

Tenant Advocacy Project — Harvard Law School Cambridge Phone: (617) 495-4408 Website: clinics.law.harvard.edu Law student clinic providing eviction defense and CORI/housing assistance under attorney supervision.

Massachusetts Commission Against Discrimination (MCAD) Statewide — Boston, Springfield, and Worcester offices Boston: (617) 994-6000 | Springfield: (413) 739-2145 Website: www.mass.gov/orgs/massachusetts-commission-against-discrimination Investigates housing discrimination complaints under G.L. c. 151B, including claims of discriminatory use of eviction records.

Massachusetts Attorney General’s Civil Rights Division Boston Phone: (617) 963-2917 Website: www.mass.gov/orgs/office-of-attorney-general Enforces eviction sealing notice requirements under G.L. c. 239, § 16(j); accepts complaints from tenants whose applications lacked required disclosure language.

HUD Housing Counselor Locator Statewide Phone: 1-800-569-4287 Website: answers.hud.gov/housingcounseling Connects individuals with HUD-approved housing counseling agencies statewide for pre-rental counseling, eviction prevention, and housing navigation.

Boston Housing Authority (BHA) Boston Phone: (617) 988-4000 Website: www.bostonhousing.org Administers public housing and Section 8/HCV in Boston; operates formal grievance and appeal process for admission denials.

Massachusetts EOHLC / CHAMP System Statewide Website: publichousingapplication.ocd.state.ma.us Central application portal for state-aided public housing and state-funded rental vouchers across Massachusetts.

SealMyEviction.org Statewide Website: www.SealMyEviction.org Primary public-facing resource for the 2025 eviction sealing law; includes the Trial Court’s Guided Interview tool and FAQ developed by MLRI, GBLS, and the Harvard Tenant Advocacy Project.

Massachusetts General Laws c. 239, § 16 (Eviction Record Sealing) www.malegislature.gov/Laws/GeneralLaws/PartIII/TitleIII/Chapter239/section16

Massachusetts Affordable Homes Act (2024), St. 2024, c. 150 www.mass.gov/info-details/affordable-homes-act

Massachusetts Attorney General — Eviction Sealing Page www.mass.gov/info-details/eviction-sealing

Massachusetts Law Reform Institute — Eviction Sealing Law Press Release (May 1, 2025) www.mlri.org/2025/05/01/massachusetts-eviction-record-sealing-law-2025/

MassLegalHelp.org — Can I Seal My Eviction Record? www.masslegalhelp.org/housing-apartments-shelter/eviction-sealing/can-i-seal-my-eviction-reco rd

Boston Bar Journal — Fresh Start for Renters: New Massachusetts Law Lets Tenants Seal Eviction Records bostonbar.org/journal/fresh-start-for-renters-new-massachusetts-law-lets-tenants-seal-eviction-r ecords/

SealMyEviction.org — Public Resource Site www.SealMyEviction.org

Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. www.ftc.gov/legal-library/browse/statutes/fair-credit-reporting-act

HUD — Tenant Screening Guidance www.hud.gov

MassLegalHelp — Tenant Screening Reports www.masslegalhelp.org/housing-apartments-shelter/tenants-rights/tenant-screening-reports

Massachusetts Trial Court Case Lookup www.masscourts.org

This is informational only and not legal advice.

This is informational only and not legal advice.

A broken lease in Massachusetts occurs when a tenant vacates a rental unit before the lease term expires without legal justification. The landlord typically has the right to seek compensation for unpaid rent and related costs, but only after making reasonable efforts to re-rent the unit. This duty to mitigate is established under Massachusetts law and requires landlords to actively market and attempt to re-lease the unit. A landlord who sits idle and accumulates unpaid rent without mitigating cannot recover the full remaining lease obligation.

The financial liability arising from a broken lease may become a civil judgment if the landlord files and prevails in court. Civil judgments appear in court records and can be reported on credit reports under the Fair Credit Reporting Act, where they may remain for up to seven years from the date of entry. Unpaid balances sent to collections agencies also generate negative credit entries.

Some broken leases are legally protected under Massachusetts law. Tenants who are victims of domestic violence, rape, sexual assault, or stalking may terminate a lease early under G.L. c. 186, § 24. Active-duty military personnel may terminate under the federal Servicemembers Civil Relief Act (SCRA). Tenants who leave due to serious, uncorrected habitability violations by the landlord may have a constructive eviction defense that eliminates or limits financial liability.

Understanding which category your situation falls into — legally protected exit, mitigation-dependent liability, or uncontested obligation — determines how you should position yourself when applying for new housing.

This is informational only and not legal advice.

A lease in Massachusetts is a binding contract. When a tenant leaves before the lease term ends without legal authority to do so, the landlord may seek to recover the financial loss — primarily the difference between the original rent and any rent the landlord collects from a replacement tenant, plus reasonable re-leasing costs. However, Massachusetts law imposes a critical limit on landlord recovery: the duty to mitigate damages.

Under established Massachusetts common law, a landlord cannot simply leave a unit vacant and demand the full remaining rent from the departing tenant. The landlord must make reasonable, good-faith efforts to find a replacement tenant. If a suitable replacement is found and the unit is re-rented, the original tenant’s liability is typically limited to the gap period and associated costs. If the landlord fails to mitigate, a court may reduce or eliminate the tenant’s liability.

Legally Protected Early Terminations

Massachusetts law provides several specific situations in which a tenant may break a lease without financial penalty.

Under G.L. c. 186, § 24, a tenant who is a victim of domestic violence, rape, sexual assault, or stalking, or who has a household member who is such a victim, has the right to terminate a lease early by providing written notice to the landlord and documentation of the qualifying event within a specified timeframe. The tenant is released from liability for any rent that would have come due after the effective termination date.

Under the federal Servicemembers Civil Relief Act, 50 U.S.C. § 3955, an active-duty service member who receives qualifying military orders may terminate a residential lease by providing written notice and a copy of the military orders to the landlord.

A tenant may also be legally justified in vacating if the landlord has allowed serious habitability violations to persist despite notice, creating what courts recognize as a constructive eviction. Massachusetts imposes an implied warranty of habitability under G.L. c. 111, § 127L, and related provisions. Tenants relying on constructive eviction as a defense must typically demonstrate that the condition was severe, that the landlord was notified and failed to correct it, and that the tenant left within a reasonable time.

How Broken Leases Appear in Screening

A broken lease can surface in tenant screening in multiple ways. First, if the landlord pursued a lawsuit and won a civil judgment, that judgment may appear in court records accessible to tenant screening companies and may be reported on credit reports for up to seven years under the FCRA. Second, landlords routinely contact prior landlords as part of rental reference verification, and a prior landlord who experienced an early departure may report that fact. Third, if the unpaid balance was sold to a debt collection agency, a collections entry may appear on the credit report.

Not all broken leases generate court records or credit entries. If the landlord declined to pursue legal action, if the debt was small enough to be written off, or if the matter was informally resolved, it may not appear in formal screening systems at all. In these situations, the only risk is the informal reference check.

If your early lease departure was legally protected — under domestic violence provisions, military orders, or a habitability defense — gather and retain documentation confirming the legal basis. For domestic violence cases, this may include a restraining order, police report, court

certification, or a written statement from a qualified professional. For military terminations, retain a copy of your deployment or transfer orders and the written notice provided to the landlord.

If the departure was not legally protected but you subsequently paid off the outstanding balance or reached a settlement agreement with the landlord, retain written documentation of that resolution. A paid or settled judgment, while still appearing in some records, demonstrates responsibility and can be explained effectively to prospective landlords.

When applying for new housing after a broken lease, consider addressing the issue proactively in a brief written statement attached to your rental application. A factual explanation — covering what happened, how it was resolved, and your rental history since that time — is more effective than hoping the landlord does not discover it. Reference letters from employers, social workers, or more recent landlords who can confirm your reliability as a tenant substantially strengthen any application affected by a prior broken lease.

Next Steps

Pull your own credit report at AnnualCreditReport.com to see whether the broken lease generated a civil judgment or collections entry. If you believe you qualify for a legally protected early termination that was not honored at the time, consult a legal aid organization. If the prior landlord provides inaccurate information during reference checks, consult an attorney about potential defamation or fair housing implications. For subsidized housing denials related to a broken lease, ask the Housing Authority for its specific admission policy and request an informal hearing. This is informational only and not legal advice.

Massachusetts lease agreements are governed by contract law principles as shaped by G.L. c. 186 (Landlord-Tenant Relations) and established common law. A lease creates mutual obligations: the tenant agrees to pay rent for the full term, and the landlord agrees to provide habitable premises throughout. Early departure by the tenant without legal authority constitutes a breach of contract, entitling the landlord to seek compensatory damages.

The Massachusetts Supreme Judicial Court (SJC) and Appeals Court have consistently held that a residential landlord has an affirmative duty to mitigate damages following a tenant’s breach — that is, the landlord must make reasonable efforts to re-let the unit before accumulating and recovering lost rent from the breaching tenant. See, e.g., Sandler v. Silk, 292 Mass. 493 (1935) and its progeny. A landlord who fails to demonstrate reasonable mitigation efforts may have their damage claim substantially reduced.

Statutory Protected Termination Rights

Under G.L. c. 186, § 24, a residential tenant who is a victim of domestic violence, rape, sexual assault, or stalking — or who has a household member who qualifies — may terminate a lease early upon giving written notice to the landlord within three months of the most recent qualifying incident. Upon such termination, the tenant is released from all rent obligations arising after the effective termination date. The landlord may require documentation of the qualifying event (e.g., protective order, certified court record, written verification from a victim service provider, medical professional, or law enforcement). G.L. c. 186, § 24 also prohibits the landlord from disclosing any identifying information provided in connection with such a termination.

Military early termination rights derive from the federal Servicemembers Civil Relief Act, 50 U.S.C. § 3955. A service member on active duty who receives orders requiring a permanent change of station or deployment for a period of not less than 90 days may terminate a residential lease by providing written notice and a copy of military orders. The lease terminates 30 days after the next rental payment date following the date of notice.

Massachusetts recognizes the doctrine of constructive eviction as both a defense to a landlord’s rent claim and as a basis for vacating without financial liability. The doctrine applies when: (1) the landlord substantially interfered with the tenant’s use and enjoyment of the premises; (2) the condition arose from the landlord’s conduct or failure to act; (3) the tenant gave the landlord notice and a reasonable opportunity to correct the condition; and (4) the tenant vacated within a reasonable time after the landlord failed to do so. The implied warranty of habitability under G.L. c. 111, § 127L, and the Sanitary Code (105 CMR 410.000) provide the substantive baseline for assessing whether conditions rise to the level supporting constructive eviction.

Under the FCRA, 15 U.S.C. § 1681c, civil judgments may be reported on a consumer report for seven years from the date of entry. A landlord who obtained and recorded a judgment for rent damages against a former tenant will generate a court record accessible to tenant screening agencies and a potential credit report entry. Collections entries arising from unpaid lease obligations may also be reported for seven years from the date of the original delinquency. Tenants have the right under 15 U.S.C. § 1681i to dispute inaccurate entries and receive an investigation from the CRA within 30 days.

Subsidized Housing Considerations

For Housing Choice Voucher (Section 8) holders who broke a lease in a subsidized unit, additional consequences apply. Under 24 C.F.R. § 982.552, a PHA may terminate voucher assistance for serious or repeated lease violations, including unauthorized early departure that leaves the landlord unpaid. A PHA proposing to terminate assistance must provide notice and

an opportunity for an informal hearing under 24 C.F.R. § 982.555. Practitioners should review the specific PHA’s Administrative Plan for criteria governing lease-related assistance termination and the informal hearing process.

Practitioner Navigation

When representing a client with a broken lease history, practitioners should: (1) obtain the lease and any written correspondence with the prior landlord; (2) determine whether a legally protected termination right existed and was or was not exercised; (3) obtain the prior court docket to confirm whether a judgment was entered, its amount, and whether it has been satisfied; (4) pull the client’s credit report to identify all related entries and assess dispute viability; (5) if the client holds or is applying for a voucher, review the applicable PHA’s administrative plan and advise accordingly; and (6) prepare a comprehensive mitigation letter for housing applications documenting the facts, resolution, and current rental reliability.

This is informational only and not legal advice.

Broken lease liability is principally governed by G.L. c. 186 (Landlord-Tenant Statute), Massachusetts common law contract principles, and the implied warranty of habitability established under G.L. c. 111, § 127L and the State Sanitary Code, 105 CMR 410.000.

Early termination protections for domestic violence, rape, sexual assault, and stalking victims are codified at G.L. c. 186, § 24. Military termination rights are established under the federal Servicemembers Civil Relief Act, 50 U.S.C. § 3955. The Massachusetts Attorney General’s Guide to Landlord and Tenant Rights, published pursuant to G.L. c. 186, § 15D, provides public-facing guidance on both parties’ obligations.

Consumer reporting of civil judgments is governed by the FCRA, 15 U.S.C. § 1681 et seq. Massachusetts does not currently have a state-specific consumer credit reporting law that shortens the FCRA’s seven-year reporting window for civil judgments, though advocacy has addressed this gap.

For Housing Choice Voucher participants, HUD regulations at 24 C.F.R. §§ 982.309, 982.310, 982.551, and 982.552 govern lease obligations, owner termination rights, and PHA authority to terminate assistance. The applicable PHA’s Administrative Plan controls specific procedures.

A broken lease affects housing screening through three primary channels. First, if litigation occurred and a judgment was entered, court records accessible to tenant screening companies

will reflect the case. Second, if the judgment or the resulting unpaid debt was reported to credit bureaus, the entry will reduce the applicant’s credit score and appear in credit screening results for up to seven years. Third, rental reference verification — which most landlords and property managers conduct by contacting prior landlords — may reveal the early departure and any remaining balance directly from the prior landlord’s account.

The severity of the impact varies by how the matter was resolved. A fully paid or settled judgment that is accurately reflected as satisfied will have less impact than an unpaid entry. A broken lease that never resulted in litigation may only affect the reference check dimension. Members should assess which dimensions apply to their specific situation before developing their application strategy.

For subsidized housing programs, Housing Authorities and their contracted management agents may inquire about prior lease history, prior evictions from assisted housing, and outstanding rental debt to prior landlords as part of their admissions screening processes. Each PHA’s ACOP specifies the evidentiary standards and the timeframe for which prior lease history may be considered.

Greater Boston Legal Services (GBLS) Boston / Greater Boston Phone: (617) 603-1700 | Toll-free: (800) 323-3205 Website: www.gbls.org Provides free legal assistance with lease disputes, habitability claims, lease termination rights, and housing application appeals.

Community Legal Aid Worcester / Central and Western Massachusetts Phone: (508) 752-3718 Website: www.communitylegal.org Free legal services for income-eligible residents, including advice on lease departure situations and Housing Court proceedings.

Northeast Legal Aid Lawrence / Northeast Massachusetts Phone: (978) 458-1465 Website: www.northeastlegalaid.org Housing legal assistance including landlord-tenant matters for qualifying residents.

South Coastal Counties Legal Services New Bedford / Southeast Massachusetts Phone: (508) 979-7150 Website: www.sccls.org Housing representation including lease matters for qualifying residents in southeastern Massachusetts.

Massachusetts Commission Against Discrimination (MCAD) Statewide Boston: (617) 994-6000 Website: www.mass.gov/orgs/massachusetts-commission-against-discrimination Investigates housing discrimination complaints; relevant if a landlord refuses to honor a legally protected

domestic violence lease termination or if a prospective landlord discriminates based on source of income or protected class in response to a broken lease disclosure.

Massachusetts Attorney General — Landlord-Tenant Rights Guide Phone: (617) 727-8400 Website: www.mass.gov/guides/the-attorneys-general-guide-to-landlord-and-tenant-rights Published guidance on both parties’ rights and obligations under Massachusetts law.

HUD Housing Counselor Locator Statewide Phone: 1-800-569-4287 Website: answers.hud.gov/housingcounseling Connects residents with HUD-approved agencies for rental counseling, debt resolution support, and housing navigation.

Massachusetts EOHLC / CHAMP System Statewide Website: publichousingapplication.ocd.state.ma.us Application portal for state-aided public housing and state rental vouchers; relevant for members navigating Housing Authority admissions after a broken lease.

Boston Housing Authority (BHA) — Grievances and Appeals Boston Phone: (617) 988-4000 Website: www.bostonhousing.org/en/Departments/Grievances-and-Appeals Handles admission denial appeals for BHA public housing and Section 8; members denied due to broken lease history may request an informal hearing.

Jane Doe Inc. — Massachusetts Coalition Against Sexual Assault and Domestic Violence Boston Phone: (617) 248-0922 Website: www.janedoe.org Statewide coalition; can connect survivors with local DV services that provide documentation and advocacy support for lease termination rights under G.L. c. 186, § 24.

SafeLink (Massachusetts DV Hotline) Statewide Phone: 1-877-785-2020 (24-hour hotline) Website: www.casamyrna.org/get-support/safelink Connects domestic violence survivors with emergency housing resources and can provide documentation for early lease termination.

Massachusetts General Laws c. 186, § 24 (Domestic Violence Lease Termination) malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter186/Section24

Massachusetts General Laws c. 111, § 127L (Implied Warranty of Habitability) malegislature.gov/Laws/GeneralLaws/PartI/TitleXVI/Chapter111/section127l

State Sanitary Code, 105 CMR 410.000 www.mass.gov/regulations/105-CMR-41000-minimum-standards-of-fitness-for-human-habitation

Servicemembers Civil Relief Act, 50 U.S.C. § 3955 uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3955

Fair Credit Reporting Act, 15 U.S.C. §§ 1681–1681x www.ftc.gov/legal-library/browse/statutes/fair-credit-reporting-act

Massachusetts Attorney General — Guide to Landlord and Tenant Rights www.mass.gov/guides/the-attorneys-generals-guide-to-landlord-and-tenant-rights

MassLegalHelp — Your Responsibilities When You Leave www.masslegalhelp.org/housing-apartments-shelter/tenants-rights/your-responsibilities-when-yo u-leave

Nolo — Tenant’s Right to Break a Rental Lease in Massachusetts www.nolo.com/landlord-tenant/tenants-right-break-rental-lease-massachusetts.html

HUD — Housing Choice Voucher Regulations, 24 C.F.R. Part 982 www.hud.gov

This is informational only and not legal advice.

This is informational only and not legal advice.

A Continuance Without a Finding is a specific disposition available in Massachusetts criminal courts. Under this arrangement, a defendant admits that sufficient facts exist to support a guilty finding — but no guilty finding is formally entered. Instead, the case is continued for a period of probation. If the defendant successfully completes that probation term without violation, the case is dismissed. Because no guilty finding was entered, a completed CWOF is legally classified as a non-conviction under Massachusetts law.

This distinction matters significantly for housing. Under G.L. c. 151B and related CORI laws, housing providers and employers are prohibited from asking about or considering criminal cases that did not end in a conviction — including CWOFs that have been dismissed. This means that after a CWOF is successfully completed and the case dismissed, the defendant does not need to disclose it as a conviction when asked about criminal history.

However, CWOFs that are pending (active probation not yet completed) or that were violated (resulting in a guilty finding being entered) have a different legal status. An active CWOF or one that resulted in conviction may appear in CORI records and be accessible to housing providers who conduct lawful background checks.

Even after dismissal, the CWOF record may remain in the CORI system until formally sealed. Sealing eligible non-conviction records can prevent the record from appearing in tenant screening reports. Members should know both their case status and their sealing eligibility.

This is informational only and not legal advice.

A Continuance Without a Finding is one of Massachusetts’ most commonly used alternative dispositions in criminal cases. It is authorized under G.L. c. 278, § 18 and related provisions. In a CWOF, the defendant does not plead guilty but instead admits to sufficient facts — acknowledging that the prosecution has enough evidence to support a conviction. The court then continues the case for a probationary period, typically one to two years, without entering any finding of guilt.

If the defendant completes the probationary period without violating any conditions, the case is dismissed. Legally, this means no conviction was ever entered, and the matter is classified as a non-conviction outcome under Massachusetts CORI law.

This is the procedural equivalent to what other states call deferred adjudication, pretrial diversion, or probation before judgment. Massachusetts uses the term Continuance Without a Finding (CWOF) as its specific legal designation.

Massachusetts General Laws chapter 151B, section 4(9) — the state’s primary anti-discrimination statute — prohibits housing providers from asking about or using arrest records or non-conviction records in housing decisions. A CWOF that has been completed and dismissed falls squarely within the category of non-conviction records that housing providers cannot lawfully inquire about or consider.

Under the Attorney General’s Guide to Criminal Records in Housing, housing providers are prohibited from asking about any criminal cases that did not end in a conviction, and an applicant with a sealed or non-conviction record may legally answer “no record” in response to such inquiries. This protection applies both to private landlords and to state-funded housing programs. Federal public housing programs operate under somewhat different rules, but even there, non-conviction records generally cannot be the sole basis for denial.

A CWOF is only classified as a non-conviction if the probation period was successfully completed and the case was dismissed. If the probation was violated, the court may enter a guilty finding — at which point the defendant has a conviction record, and the conviction-based rules apply. Members should verify the current status of their case by obtaining a copy of their CORI or a court docket sheet before assuming their CWOF is a dismissed, non-conviction record.

Additionally, even where the CWOF itself is a non-conviction, any new offenses committed during the probation period that resulted in separate charges or convictions will be part of the CORI record and subject to different analysis.

Even a completed and dismissed CWOF may remain visible in the CORI system unless and until it is formally sealed. Massachusetts allows non-conviction records to be sealed, and in some cases, eligible records can be sealed immediately upon the filing of the appropriate petition. Sealed records cannot be accessed by landlords, employers, or consumer reporting agencies, and the applicant may answer “no record” when asked.

Members with a completed CWOF should take the following steps: first, obtain a copy of their current CORI from the Massachusetts Department of Criminal Justice Information Services (DCJIS) to confirm the case status; second, assess whether the CWOF is eligible for immediate sealing; and third, file a sealing petition before submitting housing applications. This removes the record from potential background check discovery entirely.

If a CWOF appears in a background check and the housing provider raises it as an issue, the member should clearly explain the legal nature of the CWOF — that it is not a conviction, that the probation was completed, and that the case was dismissed. A brief, factual letter explaining the outcome, supported by a copy of the dismissal docket, can be effective in addressing landlord concerns. Members should not volunteer CWOF information when applying for housing if not legally required to do so.

Next Steps

Obtain your current CORI at iCORI.chs.state.ma.us or by contacting DCJIS. Confirm whether your CWOF case status is “dismissed” or still active. Consult the Legal Services Center, Greater Boston Legal Services, or a legal aid organization about whether the record is eligible for immediate sealing. If a housing provider denied you based on a non-conviction CWOF, contact the Attorney General’s Civil Rights Division at (617) 963-2917. This is informational only and not legal advice.

The CWOF disposition is authorized under G.L. c. 278, § 18, which governs pleas of guilty and related proceedings in Massachusetts criminal courts. The statute permits courts to continue a case without a finding upon a defendant’s admission to sufficient facts, subject to probationary conditions. G.L. c. 278, § 18 gives District and Superior Courts discretion to impose this disposition in appropriate cases.

The legal treatment of CWOF records in the employment and housing context is primarily governed by G.L. c. 151B, § 4(9) and the CORI Reform Act of 2010, which amended G.L. c. 6, §§ 167–178 (the CORI statute). Under the CORI Reform Act, a CWOF that results in dismissal after successful completion of probation is classified as a “non-conviction” record. Non-conviction records are subject to the broadest protections: housing providers, employers, and other CORI-authorized entities may not inquire about or consider non-conviction records in their screening decisions.

The Attorney General’s guidance confirms that non-conviction records — including CWOFs — fall within the protected category under G.L. c. 151B, § 4(9), and their use in housing denials may constitute unlawful discrimination enforced by MCAD.

Under the CORI framework, CORI access is tiered based on the requesting entity’s certification level. Housing providers must be certified to access the state CORI system through DCJIS. The iCORI online platform allows certified entities to request CORI records with the applicant’s

written consent. A CWOF record — whether completed, pending, or violated — may appear in the CORI system and be returned in a CORI request result.

Non-conviction records, including completed and dismissed CWOFs, are generally restricted from routine CORI disclosure for most entities. Under the tiered CORI system established by G.L. c. 6, § 172, different categories of employers and housing providers receive different levels of CORI access (Level 1, 2, or 3 access), with the broadest access reserved for criminal justice agencies. Standard housing provider CORI access typically returns conviction records and pending charges, with non-conviction records visible primarily to higher-access entities. However, private consumer reporting agencies operating outside the CORI system may have access to Massachusetts court records through public sources and may report CWOF records that appear in court dockets, particularly if the sealing petition has not been filed.

Under G.L. c. 276, § 100C, non-conviction records may be sealed. For records that qualify as non-convictions — including completed and dismissed CWOFs — sealing petitions may in many cases be filed immediately, without the waiting period applicable to conviction records. Once sealed, the record cannot be disclosed to housing providers, employers, or consumer reporting agencies. The applicant may respond to any inquiry about criminal history with “no record” in connection with the sealed case.

The CORI sealing process involves filing a petition with the court that holds the record. The court reviews the petition and, if the criteria are satisfied, issues a sealing order. The DCJIS is then notified and updates its records accordingly. Practitioners should verify the specific procedural requirements with the court clerk’s office in the relevant jurisdiction, as local practice may vary.

Federal Housing Programs and Non-Conviction Records

For federally assisted housing (HUD public housing and Housing Choice Voucher programs), the relevant HUD guidance and regulations under 24 C.F.R. §§ 960.203 and 982.553 do not specifically address CWOF dispositions, as these are Massachusetts-specific. However, HUD’s guidance, reinforced by its 2015 guidance on the use of criminal records, directs PHAs to conduct individualized assessments and prohibits categorical exclusions based solely on arrest records (records that did not result in conviction). A completed CWOF, by its legal classification as a non-conviction, should be treated similarly to an arrest record under these principles — that is, it should not be used as an automatic bar to federal housing program participation. Practitioners representing clients denied from federal housing programs based on a CWOF should argue both the state non-conviction classification and HUD’s individualized assessment guidance.

Fair Housing and MCAD Enforcement

If a housing provider — private or publicly subsidized — denies housing based solely or primarily on a CWOF non-conviction record, the applicant may file a housing discrimination complaint with MCAD under G.L. c. 151B. MCAD has jurisdiction to investigate, conduct hearings, and order remedies including housing access, compensatory damages, and civil penalties. The complaint must be filed within 300 days of the discriminatory act. MCAD’s Boston office handles statewide housing complaints.

An alternative complaint venue is the U.S. Department of Housing and Urban Development’s Office of Fair Housing and Equal Opportunity (HUD-FHEO), which accepts complaints under the Fair Housing Act, 42 U.S.C. § 3604, within one year of the discriminatory act.

Practitioner Navigation

When advising a client with a CWOF, practitioners should: (1) obtain a current certified CORI to confirm the CWOF case status (dismissed, active, or violated); (2) assess sealing eligibility under G.L. c. 276, § 100C and file promptly; (3) advise the client that until sealed, the CORI record may be disclosed to certified housing providers and may appear in private background check reports; (4) if a housing denial was based on the CWOF, determine whether the provider had lawful CORI access or obtained the information through a private CRA; (5) if through a CRA, assess FCRA compliance issues including accuracy and permissible use; (6) prepare a challenge and, where appropriate, an MCAD complaint.

This is informational only and not legal advice.

The CWOF disposition is authorized by G.L. c. 278, § 18 (pleas and admissions to sufficient facts in Massachusetts criminal proceedings). The non-conviction status of a completed and dismissed CWOF is established by the CORI Reform Act of 2010 and G.L. c. 6, §§ 167–178. Housing discrimination protections for non-conviction records, including CWOFs, are enforced under G.L. c. 151B, § 4(9), administered by MCAD.

CORI sealing for non-conviction records is governed by G.L. c. 276, § 100C. The DCJIS administers the CORI system and the iCORI online access platform. The CORI access framework, including tiered levels of disclosure, is established by G.L. c. 6, § 172. The Attorney General’s Guide to Criminal Records in Employment and Housing (Mass.gov) provides public-facing guidance on the housing-specific protections.

For federal housing programs, HUD regulations at 24 C.F.R. § 960.203 (public housing admission screening) and 24 C.F.R. § 982.553 (HCV screening) establish the framework for criminal record use in federal program eligibility determinations. HUD’s 2015 guidance memorandum on the use of criminal records in public housing admissions is relevant to the

treatment of non-conviction records. The Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq., governs the use of consumer reports (including tenant background check reports) in rental decisions.

A pending CWOF (probation not yet completed) may appear in CORI records and background checks and may be reported by tenant screening companies that access Massachusetts court records. An active CWOF reveals an open criminal matter, which some landlords and housing authorities may consider even though no conviction has been entered. Members with active CWOFs should be prepared to explain the disposition clearly and demonstrate that no conviction exists.

A completed and dismissed CWOF is a non-conviction record. Under Massachusetts law, housing providers cannot lawfully inquire about or consider it. However, because it may still appear in the CORI system before sealing and in private background check reports that pull court data, the practical reality is that it may surface during screening. The gap between legal protection and practical screening is a core challenge for this population.

A CWOF that was violated and resulted in a guilty finding is treated as a conviction for CORI purposes. In that case, the conviction appears in the CORI record, and the conviction-based rules governing landlord inquiry, sealing waiting periods, and housing authority screening apply.

Greater Boston Legal Services (GBLS) Boston / Greater Boston Phone: (617) 603-1700 | Toll-free: (800) 323-3205 Website: www.gbls.org Provides free civil legal assistance on CORI-related housing barriers, CORI sealing, and housing application appeals.

Legal Services Center — Harvard Law School Jamaica Plain / Boston Phone: (617) 522-3003 Website: legalservicescenter.org Offers CORI sealing assistance through its CORI Initiative for income-eligible individuals.

Community Legal Aid Worcester Phone: (508) 752-3718 Website: www.communitylegal.org Provides CORI and housing advice for income-eligible residents in central and western Massachusetts.

MetroWest Legal Services Framingham Phone: (508) 620-1830 Website: www.mwlegal.org Free legal aid including housing and CORI matters in the MetroWest region.

Northeast Legal Aid Lawrence Phone: (978) 458-1465 Website: www.northeastlegalaid.org Legal assistance for residents of northeastern Massachusetts on housing and criminal record matters.

Massachusetts Commission Against Discrimination (MCAD) Statewide Boston: (617) 994-6000 Website: www.mass.gov/orgs/massachusetts-commission-against-discrimination Accepts and investigates housing discrimination complaints under G.L. c. 151B, including unlawful use of non-conviction CWOF records.

Massachusetts Attorney General — Civil Rights Division Boston Phone: (617) 963-2917 Website: www.mass.gov/orgs/office-of-attorney-general Enforces CORI rights in housing; accepts complaints about unlawful criminal record inquiries.

HUD Housing Counselor Locator Statewide Phone: 1-800-569-4287 Website: answers.hud.gov/housingcounseling Connects individuals with HUD-approved agencies for housing navigation support.

Massachusetts DCJIS — iCORI System (CORI Self-Access) Statewide Website: iCORI.chs.state.ma.us Allows individuals to obtain a copy of their own CORI record; free for income-eligible individuals.

Massachusetts EOHLC / CHAMP System Statewide Website: publichousingapplication.ocd.state.ma.us Application platform for state public housing and rental voucher programs; relevant for members navigating subsidized housing access with CWOF history.

Massachusetts General Laws c. 278, § 18 (CWOF Disposition) malegislature.gov/Laws/GeneralLaws/PartIV/TitleII/Chapter278/section18

Massachusetts General Laws c. 151B, § 4(9) (Housing and Employment Non-Conviction Protections) malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter151b/section4

Massachusetts General Laws c. 6, §§ 167–178 (CORI Reform Framework) malegislature.gov/Laws/GeneralLaws/PartI/TitleII/Chapter6/Section172

Massachusetts General Laws c. 276, § 100C (Non-Conviction Record Sealing) malegislature.gov/Laws/GeneralLaws/PartIV/TitleII/Chapter276/section100c

Massachusetts Attorney General — Guide to Criminal Records in Employment and Housing www.mass.gov/guides/guide-to-criminal-records-in-employment-and-housing

MassLegalHelp — Criminal Records and Your Rights www.masslegalhelp.org/housing-apartments-shelter/tenants-rights/criminal-records-and-your-rig hts

Massachusetts DCJIS — iCORI iCORI.chs.state.ma.us

GBLS — Know Your CORI Rights www.gbls.org/sites/default/files/gbls-know-your-rights-criminal-record-sealing-and-cori-reform-for ms-2018.pdf

Legal Services Center — CORI Sealing Initiative legalservicescenter.org/get-legal-help/safety-net-project/lsc-cori-sealing-initiative/

HUD — Use of Criminal Records Guidance (2015) www.hud.gov

Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. www.ftc.gov/legal-library/browse/statutes/fair-credit-reporting-act

This is informational only and not legal advice.

automatic disqualifier — they are expected to conduct an individualized assessment. Knowing exactly when your conviction occurred and whether it is eligible for sealing is essential.

This is informational only and not legal advice.

Massachusetts misdemeanors are crimes punishable by up to two and a half years in a house of correction. They include a wide range of offenses, from disorderly conduct and shoplifting to simple assault and OUI. Under the CORI framework, the legal rules governing when a housing provider may inquire about and use misdemeanor records create time-limited windows for inquiry and sealing opportunities that provide real relief.

Under the Massachusetts Attorney General’s guidance implementing G.L. c. 151B, housing providers generally may not ask about misdemeanor convictions where the conviction date or release from incarceration occurred three or more years before the application — unless the applicant has subsequent convictions within that three-year window. After three years without a new conviction, a misdemeanor record ages out of lawful landlord inquiry for most purposes.

Separately, under G.L. c. 276, § 100A, a misdemeanor conviction becomes eligible for court-ordered sealing three years after the date of conviction or release from incarceration, whichever is later. Once sealed, the record cannot be accessed by housing providers or consumer reporting agencies, and the applicant may respond to inquiries with “no record.”

Some first-offense misdemeanors — specifically first convictions for drunkenness, simple assault, speeding, minor traffic violations, affray, or disturbance of the peace — are categorically protected from housing provider inquiry under G.L. c. 151B and may never be used as a basis for housing denial.

This is informational only and not legal advice.

A misdemeanor in Massachusetts is any criminal offense for which the maximum sentence of incarceration is two and a half years in a house of correction (county jail), as opposed to a state prison sentence. Massachusetts does not use the Class A/Class B misdemeanor classification used in many other states; instead, the distinction between misdemeanor and felony is primarily statutory and sentencing-based.

Common misdemeanors in Massachusetts include operating under the influence (OUI), simple assault (G.L. c. 265, § 13A), shoplifting (G.L. c. 266, § 30A), disorderly conduct (G.L. c. 272, § 53), trespassing (G.L. c. 266, § 120), and possession of a controlled substance in small

quantities in first-offense situations. The severity of the misdemeanor, the circumstances, and the time elapsed all factor into how the record affects housing access.

The Three-Year Inquiry Rule for Housing

The Massachusetts Attorney General, interpreting G.L. c. 151B, has established that housing providers are generally prohibited from asking about misdemeanor convictions where the conviction or release from incarceration occurred three or more years before the housing application, unless the applicant has had subsequent convictions within that period. This inquiry limitation means that for a misdemeanor conviction more than three years old with no intervening convictions, a landlord conducting a standard CORI check should not see it in results applicable to standard housing provider access — and if the provider attempts to use it, that use may constitute a violation of G.L. c. 151B.

This is distinct from the sealing waiting period. The inquiry limitation is a screening rule; the sealing process is a formal legal remedy that removes the record from the CORI system entirely. Both operate on a three-year timeline from the date of conviction or release, making the early post-conviction period the most vulnerable window for members in the housing market.

Certain first-offense misdemeanor convictions are entirely excluded from lawful housing provider inquiry under Massachusetts law. Specifically, a first conviction for any of the following offenses may not be inquired about or used by housing providers at any time: drunkenness, simple assault, speeding, minor traffic violations, affray, and disturbance of the peace. Members with only these convictions on their record should know they are protected from inquiry regarding those specific offenses.

Individualized Assessment Requirement

Even for misdemeanor convictions that a housing provider may lawfully inquire about, Massachusetts policy and federal fair housing guidance prohibit categorical, automatic denials. A landlord who automatically rejects all applicants with any misdemeanor conviction record may be engaging in discriminatory screening that has a disparate impact on protected classes — particularly racial minority groups, who are disproportionately represented in the criminal justice system. The Massachusetts Attorney General and MCAD both take the position that housing providers should conduct individualized assessments before denying housing based on criminal records, considering factors such as the nature of the offense, time elapsed, circumstances, evidence of rehabilitation, and the relationship between the offense and any legitimate housing concern.

Sealing Misdemeanor Records

Under G.L. c. 276, § 100A, a misdemeanor conviction may be sealed by petition to the court three years after the date of conviction or release from incarceration, whichever is later, provided the applicant has not been convicted of any new offense during that period. Once sealed, the record is removed from CORI access and may not be reported by consumer reporting agencies. The applicant may answer “no record” to criminal history inquiries related to the sealed offense.

The sealing process involves filing a written petition with the court that holds the record. Some misdemeanor records may also qualify for expungement under G.L. c. 276, § 100E–100U (for records involving charges that occurred when the person was younger than 21, or arising from misidentification), which is a more complete removal of the record. The distinction between sealing (restricts access) and expungement (destroys the record) is important to understand with counsel.

Members applying for housing with misdemeanor records should take the following steps: pull their current CORI to understand exactly what is visible; check sealing eligibility using the eligibility checker at mass.gov; if eligible, file a sealing petition before applying for housing; if the conviction is within the three-year window, prepare a brief written explanation focused on the circumstances, what has changed, and positive references; and if a housing denial occurs that they believe violated the individualized assessment standard, contact the Attorney General’s office or MCAD.

This is informational only and not legal advice.

Misdemeanor convictions in Massachusetts are governed by G.L. c. 274, which defines felonies and misdemeanors by reference to maximum sentence. CORI access and use are governed by G.L. c. 6, §§ 167–178 (CORI Reform Act). The housing-specific prohibition on use of certain criminal records is codified at G.L. c. 151B, § 4(9). Misdemeanor conviction sealing is governed by G.L. c. 276, § 100A (court-ordered sealing after three-year waiting period) and § 100B (mail-in sealing process for qualifying records after five-year waiting period). Expungement — available in limited circumstances — is governed by G.L. c. 276, §§ 100E–100U.

Under G.L. c. 151B, § 4(9), it is an unlawful discriminatory practice to request information about, or to use as a basis for housing decisions, any first conviction for drunkenness, simple assault, speeding, minor traffic violations, affray, or disturbance of the peace. It is similarly unlawful to use misdemeanor convictions from which the applicant was released from incarceration or convicted more than three years prior, unless there have been subsequent convictions within that three-year period.

The Massachusetts CORI system operates on a tiered access model under G.L. c. 6, § 172. Level 1 access (standard housing providers) generally returns information on felony convictions and pending charges. The extent to which misdemeanor convictions older than three years appear in Level 1 results has been a subject of ongoing legal guidance and advocacy. The DCJIS publishes current access level tables, and practitioners should consult the current version for specific record types.

Private consumer reporting agencies operating outside the state CORI system may independently pull Massachusetts court records through public court databases and include misdemeanor conviction information in tenant screening reports regardless of the three-year inquiry limit. In this context, the FCRA’s accuracy requirements under 15 U.S.C. § 1681e(b) require the CRA to use reasonable procedures to ensure accuracy, and the FCRA’s dispute mechanism under § 1681i provides a remedy for inaccurate or outdated information. Whether a three-year-old misdemeanor that is legally protected from housing provider inquiry under G.L. c. 151B can also be disputed as “impermissibly used” under the FCRA is an evolving legal question, and practitioners should monitor guidance from the CFPB and FTC.

Fair Housing Implications

The use of blanket misdemeanor conviction policies in housing screening has been identified by HUD’s Office of General Counsel (2016 guidance memorandum) as potentially violating the Fair Housing Act under a disparate impact theory. Because Black, Latino, and other minority group members are disproportionately represented in the criminal justice system due to documented systemic inequities, policies that categorically exclude individuals with misdemeanor histories disproportionately exclude protected-class members from housing opportunities.

In Massachusetts, MCAD enforces G.L. c. 151B and investigates housing discrimination complaints, including those arising from misdemeanor-based denials. Practitioners filing MCAD complaints on behalf of clients denied housing based on misdemeanor records should request individualized assessment documentation from the housing provider, gather evidence of the demographic impact of the provider’s screening policies, and cite both the state statutory prohibition and the HUD guidance on disparate impact.

Public Housing and Voucher Program Considerations

For HUD public housing and Housing Choice Voucher programs, PHAs have discretion to screen for criminal history under 24 C.F.R. § 960.203 and § 982.553. However, HUD’s guidance directs PHAs to conduct individualized assessments rather than categorical exclusions for conviction records, including misdemeanors. Massachusetts state-funded housing programs, governed by EOHLC regulations, similarly require individualized review. Applicants denied

public housing or voucher assistance based on misdemeanor history have the right to an informal hearing before the PHA.

Practitioner Navigation

Key practitioner steps in misdemeanor-related housing cases include: (1) obtaining the client’s current CORI to confirm exactly what records are accessible to housing providers; (2) determining sealing eligibility and whether the waiting period has been met; (3) determining whether the misdemeanor falls within the protected categories under G.L. c. 151B, § 4(9); (4) if within the three-year window, preparing a comprehensive mitigation package for housing applications; (5) if denial occurred, determining whether the housing provider conducted the individualized assessment required under state and federal guidance; and (6) pursuing MCAD complaints or, in the case of federal housing programs, HUD-FHEO complaints where warranted.

This is informational only and not legal advice.

Misdemeanor classification in Massachusetts is governed by G.L. c. 274 (Crimes and Their Punishment — General Provisions). CORI system access and use are governed by G.L. c. 6, §§ 167–178 and the implementing regulations of the DCJIS. The prohibition on using certain misdemeanor records in housing decisions derives from G.L. c. 151B, § 4(9), enforced by MCAD. Misdemeanor record sealing is governed by G.L. c. 276, § 100A (court-ordered sealing, three-year waiting period), § 100B (mail-in sealing after five years), and §§ 100E–100U (expungement in limited circumstances). The Attorney General’s Guide to Criminal Records in Employment and Housing provides public-facing interpretation and guidance.

Federal public housing and voucher screening is governed by 24 C.F.R. §§ 960.203 and 982.553. HUD’s 2016 guidance on the use of criminal records in housing decisions is relevant to the individualized assessment standard. Fair housing complaints may be filed under G.L. c. 151B (MCAD) or the Fair Housing Act, 42 U.S.C. § 3604 (HUD-FHEO or federal court). Consumer reporting of criminal records in tenant screening is governed by the FCRA, 15 U.S.C. § 1681 et seq.

A misdemeanor conviction that falls within the three-year window from conviction or release appears in CORI records accessible to certified housing providers and may appear in private background check reports pulled by tenant screening companies. During this period, landlords may lawfully inquire about and consider the conviction (unless it falls within the categorically protected first-offense list). After three years with no new convictions, the conviction ages out of

the lawful inquiry period under G.L. c. 151B and simultaneously becomes eligible for court-ordered sealing under G.L. c. 276, § 100A.

Private consumer reporting agencies pulling court data may continue to report misdemeanor conviction records beyond the three-year window if the record has not been sealed. This creates a compliance gap that practitioners and members should be alert to. Under the FCRA, the accuracy requirement applies, and members may dispute entries that are being used in violation of state law.

The impact on subsidized housing eligibility is governed by PHA-specific ACOPs, which vary by authority. Members applying to public housing programs with misdemeanor records should obtain the specific ACOP of the Housing Authority they are applying to and understand which offenses are considered disqualifying and for what time period.

Greater Boston Legal Services (GBLS) Boston / Greater Boston Phone: (617) 603-1700 | Toll-free: (800) 323-3205 Website: www.gbls.org Provides free legal assistance including CORI sealing, housing application appeals, and housing discrimination complaints.

Legal Services Center — Harvard Law School Jamaica Plain / Boston Phone: (617) 522-3003 Website: legalservicescenter.org/get-legal-help/safety-net-project/lsc-cori-sealing-initiative/ CORI sealing assistance for income-eligible clients through the CORI Sealing Initiative.

Community Legal Aid Worcester / Central and Western Massachusetts Phone: (508) 752-3718 Website: www.communitylegal.org Free legal services including CORI and housing barrier assistance.

South Coastal Counties Legal Services New Bedford / Southeast Massachusetts Phone: (508) 979-7150 Website: www.sccls.org Free civil legal aid for southeastern Massachusetts residents.

Northeast Legal Aid Lawrence Phone: (978) 458-1465 Website: www.northeastlegalaid.org Free legal assistance for northeastern Massachusetts residents on housing and CORI matters.

Massachusetts Commission Against Discrimination (MCAD) Boston: (617) 994-6000 | Springfield: (413) 739-2145 | Worcester: (508) 453-9630 Website: www.mass.gov/orgs/massachusetts-commission-against-discrimination Investigates housing discrimination complaints arising from unlawful use of misdemeanor records.

Massachusetts Attorney General — Civil Rights Division Boston Phone: (617) 963-2917 Website: www.mass.gov/orgs/office-of-attorney-general Enforces G.L. c. 151B housing protections and CORI-related inquiry violations.

HUD Housing Counselor Locator Statewide Phone: 1-800-569-4287 Website: answers.hud.gov/housingcounseling Connects individuals with HUD-approved counseling agencies statewide for housing navigation support.

Massachusetts EOHLC / CHAMP System Statewide Website: publichousingapplication.ocd.state.ma.us Application portal for state-aided public housing; members with misdemeanor histories may apply and will receive individualized screening.

DCJIS — Massachusetts Criminal Record Sealing Information Statewide Website: www.mass.gov/info-details/find-out-if-you-can-seal-your-criminal-record Official state guidance on criminal record sealing eligibility and process.

Massachusetts General Laws c. 274 (Crime Classification) malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter274

Massachusetts General Laws c. 151B, § 4(9) (Housing Protections for Criminal Records) malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter151b/section4

Massachusetts General Laws c. 276, § 100A (Misdemeanor Conviction Sealing) malegislature.gov/Laws/GeneralLaws/PartIV/TitleII/Chapter276/section100a

Massachusetts Attorney General — Guide to Criminal Records in Employment and Housing www.mass.gov/guides/guide-to-criminal-records-in-employment-and-housing

MassLegalHelp — Criminal Records and Your Rights www.masslegalhelp.org/housing-apartments-shelter/tenants-rights/criminal-records-and-your-rig hts

GBLS — Know Your CORI Rights www.gbls.org/sites/default/files/2019-04/know-your-cori-rights-041819.pdf

Massachusetts DCJIS — Criminal Record Sealing www.mass.gov/info-details/find-out-if-you-can-seal-your-criminal-record

HUD — Use of Criminal Records in Housing (2016 Guidance) www.hud.gov

Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. www.ftc.gov/legal-library/browse/statutes/fair-credit-reporting-act

Boston Bar Journal — Sealing State Criminal Records: A Practitioner’s Guide bostonbar.org/journal/sealing-state-criminal-records-a-practitioners-guide/

This is informational only and not legal advice.

This is informational only and not legal advice.

In Massachusetts, a felony is any crime for which the potential sentence includes imprisonment in a state prison (as opposed to a county house of correction). Felony convictions remain in the CORI system and may be accessed by certified housing providers for up to seven years after conviction or release from incarceration, at which point sealing eligibility begins. Even before the sealing window opens, housing providers are not supposed to use felony records as automatic disqualifiers — Massachusetts policy and federal fair housing guidance both require individualized assessment.

Certain categories of felony — particularly drug-related manufacture or production of methamphetamine on federally assisted housing premises, and those triggering a lifetime sex

offender registration requirement — are subject to permanent or long-term bars from federally assisted housing programs under federal statute (42 U.S.C. § 13663). Beyond these specific statutory categories, most felony convictions do not create an absolute legal bar from all housing.

For state-aided public housing in Massachusetts, local Housing Authorities have wide discretion in their Admissions and Continued Occupancy Policies (ACOPs) to determine which felony categories and time periods are disqualifying, subject to individualized assessment requirements. The specific ACOP of the Housing Authority a member is applying to governs the admissions decision.

Sealing a felony conviction under G.L. c. 276, § 100A requires a seven-year waiting period after conviction or release from incarceration, without new convictions during that period. Once sealed, the record is inaccessible to landlords and cannot be reported in tenant screening reports.

This is informational only and not legal advice.

A felony in Massachusetts is any crime for which the legislature has authorized punishment by imprisonment in a state prison. This distinguishes felonies from misdemeanors, which are punishable by terms in a county house of correction. The nature of the conviction — whether in Superior Court, which has original jurisdiction over most felonies, or a District Court that accepted a felony charge reduced to its jurisdiction — does not change the classification of the underlying offense.

Common felonies in Massachusetts include assault and battery with a dangerous weapon (G.L. c. 265, § 15A), armed robbery (G.L. c. 265, § 17), breaking and entering (G.L. c. 266, § 16), distribution or trafficking of controlled substances (G.L. c. 94C), larceny over $1,200 (G.L. c. 266, § 30), and many others. Felony severity, circumstances, proximity in time, and the individual’s conduct since conviction all factor into how landlords — and Housing Authorities — should weigh the record.

How Felony Records Appear in Massachusetts Screening

Certified housing providers accessing the CORI system will see felony conviction records returned in their results. Private tenant screening companies that pull Massachusetts court data may also report felony conviction records regardless of when the conviction occurred, particularly if the record has not been sealed. Under the FCRA, there is no seven-year limit on the reporting of criminal convictions for consumer reports used in connection with housing

transactions with a monthly rental of less than $75,000 per month — meaning felony convictions can technically be reported on credit-style background checks indefinitely until sealed.

This creates a stark practical reality: a felony conviction that occurred ten years ago may still appear in a background check report even though it occurred before the sealing window. Members should check both their CORI and whether any tenant screening report on their record exists through services like AnnualCreditReport.com or by requesting a consumer disclosure from major screening companies.

The Individualized Assessment Standard

The most important protection available to individuals with felony records applying for private rental housing in Massachusetts is the individualized assessment requirement. The Massachusetts Attorney General and MCAD have stated clearly that housing providers who automatically reject all applicants with felony records may be engaging in unlawful discriminatory practices under G.L. c. 151B because such blanket exclusions have a documented disparate impact on racial minority groups.

A proper individualized assessment should consider: the nature and severity of the conviction; the circumstances surrounding the offense; the length of time since the conviction; the age of the individual at the time; evidence of subsequent law-abiding behavior; evidence of employment, community involvement, and housing stability since the conviction; and the relationship — if any — between the offense and legitimate concerns about the proposed tenancy.

Members with felony records can effectively participate in the individualized assessment process by preparing a written personal statement, gathering reference letters from employers, housing counselors, probation officers, clergy, or community members, and providing documentation of any programming, rehabilitation, or treatment participation since the conviction.

Sealing Felony Records in Massachusetts

Under G.L. c. 276, § 100A, a felony conviction may be sealed by petition to the court seven years after the date of conviction or release from incarceration, whichever is later, provided no new convictions have occurred during that period. The petition is filed with the court that holds the record, and once sealed, the felony conviction is removed from CORI access and may not be reported by consumer reporting agencies. The applicant may respond to criminal history inquiries with “no record” as to the sealed offense.

Expungement — which completely destroys the record — is available in more limited circumstances under G.L. c. 276, §§ 100E–100U, generally for offenses that occurred before age 21 or resulted from misidentification, and carries a shorter waiting period in some cases.

Members who meet the narrower expungement criteria should consult an attorney, as expungement provides stronger protections than sealing.

Federal and State Public Housing Restrictions

For federally assisted housing, 42 U.S.C. § 13663 creates two absolute bars to admission: individuals subject to a lifetime sex offender registration requirement, and individuals convicted of drug-related criminal activity involving the manufacture or production of methamphetamine on the premises of federally assisted housing. Beyond these two specific categories, PHAs have discretion to set admissions policies under their ACOPs. They may exclude individuals for felony convictions related to drug or violent criminal activity for specified periods, but individualized assessment and informal hearing rights apply.

Massachusetts state-aided public housing is governed by EOHLC regulations and individual Housing Authority ACOPs. Local Housing Authorities vary in how they treat felony conviction history, the lookback period they apply, and the categories of felonies they consider disqualifying.

Next Steps

Obtain your current CORI and any background check reports to understand exactly what is visible to housing providers. Check felony sealing eligibility at mass.gov/info-details/find-out-if-you-can-seal-your-criminal-record. Consult Greater Boston Legal Services or another legal aid organization if you are within or near the seven-year sealing window. Prepare a personal mitigation statement and reference letters before applying to competitive rental markets. If denied from a public housing program, request the informal hearing before the Housing Authority. This is informational only and not legal advice.

Felonies in Massachusetts are classified by reference to G.L. c. 274 (punishment in state prison as the distinguishing criterion). CORI access for housing providers is governed by G.L. c. 6, §§ 167–178 and DCJIS regulations. The housing anti-discrimination provisions are at G.L. c. 151B, § 4(9). Felony conviction sealing is governed by G.L. c. 276, § 100A (seven-year waiting period, court petition), and § 100B (mail-in process after ten years). Expungement is available under G.L. c. 276, §§ 100E–100U (limited circumstances, offenses before age 21, misidentification, and certain other categories introduced by the 2018 criminal justice reform legislation, Chapter 69 of the Acts of 2018).

Federal housing restrictions are at 42 U.S.C. § 13663 (permanent bar for lifetime sex offender registrants and meth manufacturers in federally assisted housing). PHA screening discretion is established by 24 C.F.R. §§ 960.203 and 982.553. HUD’s 2016 guidance memorandum on the use of criminal records in housing programs sets forth the individualized assessment standard that PHAs and private owners of assisted housing should follow.

Under the tiered CORI system, standard Level 1 access (available to most housing providers) returns felony conviction information. Pending felony charges, prior convictions regardless of age (until sealed), and felonies in the lookback window are all potentially visible at Level 1 depending on DCJIS current access tables. Practitioners should consult the DCJIS iCORI access documentation for the current breakdown of record types visible at each access level.

Private consumer reporting agencies that pull Massachusetts court records operate outside the CORI framework and may report felony convictions indefinitely as long as the record exists in public court databases. The FCRA’s non-reporting rule for criminal convictions (eliminating the seven-year limit for housing transactions above the statutory threshold) means these reports may include older felony convictions that a housing provider would not see through CORI but can obtain through a private CRA report.

Individualized Assessment — Practitioner Standard

The MCAD and Massachusetts Attorney General have articulated that for felony records that a housing provider may lawfully consider, the provider must conduct an individualized assessment. The relevant factors are detailed in the Attorney General’s Guide to Criminal Records in Employment and Housing and include the nature and severity of the conviction, time elapsed, age at offense, rehabilitation evidence, subsequent conduct, and nexus to legitimate housing concerns. A housing provider who categorically denies all applicants with any felony record without individualized review may face liability under G.L. c. 151B for disparate impact discrimination.

This standard mirrors the framework established by HUD’s 2016 guidance on criminal records, which was reaffirmed in later memoranda and incorporates both disparate treatment and disparate impact theories under the Fair Housing Act. Practitioners preparing clients for housing applications or challenging denials should document that the provider failed to conduct the individualized assessment and quantify the disparate demographic impact of the blanket policy where possible.

2018 Criminal Justice Reform Act — Expanded Sealing and Expungement

Chapter 69 of the Acts of 2018 expanded Massachusetts’ sealing and expungement framework, reducing felony conviction sealing waiting periods and creating new expungement pathways.

The felony sealing waiting period was reduced from ten years to seven years (from fifteen years and then ten years in earlier iterations). The 2018 Act also created expungement rights for individuals whose offenses occurred before age 21 (adult offenses) or before age 18 (juvenile offenses), subject to eligibility criteria. Expungement is a more complete remedy than sealing, as it results in the destruction of the record rather than its restriction.

Public Housing ACOP Review

Each Massachusetts Housing Authority publishes its Admissions and Continued Occupancy Policy (ACOP), which specifies the categories of criminal convictions that may result in admission denial, the lookback periods applicable, and the individualized assessment process. Members applying to a specific Housing Authority should request a copy of the applicable ACOP before submitting an application. If denied, the right to an informal hearing is established at 24 C.F.R. § 960.208 (public housing) and § 982.554 (voucher programs). The hearing must be requested within the timeframe specified in the denial notice.

This is informational only and not legal advice.

Felony classification is established by G.L. c. 274. CORI access and use in housing are governed by G.L. c. 6, §§ 167–178; G.L. c. 151B, § 4(9); and DCJIS regulations. Sealing is governed by G.L. c. 276, §§ 100A–100B; expungement by G.L. c. 276, §§ 100E–100U (Chapter 69 of the Acts of 2018). Federal housing bars are established at 42 U.S.C. § 13663. PHA screening standards are at 24 C.F.R. §§ 960.203 and 982.553. HUD’s 2016 guidance memorandum on criminal records and housing is integral to the individualized assessment standard. FCRA coverage of criminal records in tenant screening is addressed at 15 U.S.C. §§ 1681c and 1681e.

Felony convictions are visible to certified housing providers through the CORI system and to tenant screening companies that pull public court data. Until sealed, felony convictions may appear in background check reports sold to landlords. Unlike the three-year inquiry limitation applicable to older misdemeanors, felony convictions within the seven-year pre-sealing window are generally available for housing provider review and consideration. After sealing, the record is restricted from CORI and may not be reported by consumer reporting agencies.

For state public housing and HCVP programs, individual Housing Authority ACOPs specify the treatment of felony records. Some Housing Authorities in Massachusetts apply lookback periods of five years for certain felony categories; others apply longer periods or permanent bars for

specific offenses. The absence of a uniform state standard means members must review the specific Housing Authority’s ACOP for the program they are applying to.

For federally assisted housing, the two permanent statutory bars (lifetime sex offender registration and on-premises meth manufacturing) represent the only federally mandated permanent exclusions. All other felony categories are subject to PHA discretionary policy and individualized assessment.

Greater Boston Legal Services (GBLS) Boston / Greater Boston Phone: (617) 603-1700 | Toll-free: (800) 323-3205 Website: www.gbls.org Provides free civil legal assistance on felony-related housing barriers, CORI sealing, expungement, and Housing Authority admission appeals.

Legal Services Center — Harvard Law School Jamaica Plain / Boston Phone: (617) 522-3003 Website: legalservicescenter.org CORI Sealing Initiative provides free assistance with sealing and expungement petitions for income-eligible individuals.

Community Legal Aid Worcester / Central and Western Massachusetts Phone: (508) 752-3718 Website: www.communitylegal.org Free legal services including CORI sealing and housing barrier navigation for income-eligible residents.

MetroWest Legal Services Framingham Phone: (508) 620-1830 Website: www.mwlegal.org Free civil legal aid including housing and criminal record matters in the MetroWest region.

South Coastal Counties Legal Services New Bedford / Southeast Massachusetts Phone: (508) 979-7150 Website: www.sccls.org Free legal assistance for qualifying residents of southeastern Massachusetts.

Northeast Legal Aid Lawrence Phone: (978) 458-1465 Website: www.northeastlegalaid.org Free legal assistance for northeastern Massachusetts residents.

Massachusetts Commission Against Discrimination (MCAD) Statewide Boston: (617) 994-6000 Website: www.mass.gov/orgs/massachusetts-commission-against-discrimination Accepts housing discrimination complaints including those arising from unlawful or improperly applied felony record screening.

Massachusetts Attorney General — Civil Rights Division Boston Phone: (617) 963-2917 Website: www.mass.gov/orgs/office-of-attorney-general Enforces G.L. c. 151B housing protections including individualized assessment requirements.

HUD Housing Counselor Locator Statewide Phone: 1-800-569-4287 Website: answers.hud.gov/housingcounseling Connects members with HUD-approved agencies for pre-rental housing counseling and navigation support.

Massachusetts EOHLC / CHAMP System Statewide Website: publichousingapplication.ocd.state.ma.us Application portal for state public housing and rental vouchers; admission policies for individuals with felony records governed by individual Housing Authority ACOPs.

Boston Housing Authority (BHA) Boston Phone: (617) 988-4000 Website: www.bostonhousing.org Administers public housing and vouchers in Boston; formal grievance and appeal process for admission denials; ACOP available on website.

Massachusetts DCJIS — Criminal Record Sealing Information Statewide Website: www.mass.gov/info-details/find-out-if-you-can-seal-your-criminal-record Official guidance on sealing eligibility, waiting periods, and process.

GBLS — CORI Sealing Guide Website: www.gbls.org/sites/default/files/2019-04/know-your-cori-rights-041819.pdf Plain-language guide to CORI rights and sealing for housing and employment purposes.

Massachusetts General Laws c. 274 (Felony/Misdemeanor Classification) malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter274

Massachusetts General Laws c. 151B, § 4(9) (Housing Anti-Discrimination, Criminal Records) malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter151b/section4

Massachusetts General Laws c. 276, §§ 100A–100B (Conviction Sealing) malegislature.gov/Laws/GeneralLaws/PartIV/TitleII/Chapter276/section100a

Massachusetts General Laws c. 276, §§ 100E–100U (Expungement) malegislature.gov/Laws/GeneralLaws/PartIV/TitleII/Chapter276/section100e

Chapter 69 of the Acts of 2018 — Massachusetts Criminal Justice Reform Act malegislature.gov/Laws/SessionLaws/Acts/2018/Chapter69

42 U.S.C. § 13663 — Ineligibility of Dangerous Persons for Admission to Federally Assisted Housing uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section13663

HUD — Use of Criminal Records in Housing (2016 Guidance Memorandum) www.hud.gov

24 C.F.R. §§ 960.203, 982.553 — PHA Criminal Record Screening Standards www.ecfr.gov

Massachusetts Attorney General — Guide to Criminal Records in Employment and Housing www.mass.gov/guides/guide-to-criminal-records-in-employment-and-housing

Massachusetts DCJIS — Criminal Record Sealing www.mass.gov/info-details/find-out-if-you-can-seal-your-criminal-record

Boston Bar Journal — Sealing and Expungement in Massachusetts: Opportunities for Reform bostonbar.org/journal/sealing-and-expungement-in-massachusetts-opportunities-for-reform/

This is informational only and not legal advice.

This is informational only and not legal advice.

Individuals leaving incarceration in Massachusetts face a convergence of housing barriers: an active criminal record, potential parole or probation restrictions on where they may reside, restrictions on public housing and voucher program eligibility related to criminal history, and significant gaps in rental history and credit history that make private market applications difficult.

Massachusetts has both state-run and community-based systems designed to address these barriers. The Massachusetts Department of Correction (DOC) assigns Reentry Specialists at each facility to connect individuals nearing release with housing resources, including a database of housing options for those at risk of homelessness. Community-based reentry organizations in Boston, Worcester, Springfield, Lowell, and other cities provide transitional housing, case management, and legal navigation support.

For CORI purposes, recently released individuals will have active felony or misdemeanor conviction records that are visible to housing providers, meaning the individualized assessment protections, documentation strategy, and mitigation approaches described in Barriers 4 and 5 apply with full force. Sealing timelines begin running from the date of conviction or release, so members released recently will not yet be eligible to seal conviction records but should understand when they will become eligible.

Access to federally assisted housing is limited by HUD-mandated restrictions on certain offense categories, and most local Housing Authority ACOPs impose further lookback periods. Knowing which programs remain accessible and which do not is an essential first step in the reentry housing planning process.

This is informational only and not legal advice.

Individuals leaving incarceration in Massachusetts face a highly fragmented housing landscape. The state operates a network of reentry supports through the Massachusetts DOC, the Parole Board, the Probation Service, and a range of community-based organizations funded through EOHLC, the Department of Public Health, and federal sources. However, the demand for reentry housing far exceeds available units, and the intersection of criminal record restrictions, credit and rental history gaps, and income limitations creates layered barriers that require coordinated navigation.

The DOC assigns Reentry Specialists at each correctional facility who maintain a database of housing options for individuals at risk of homelessness upon release. These specialists begin the housing assessment process before release and may refer individuals to transitional

housing programs, emergency shelters, or community reentry programs. Family reintegration — returning to live with family members — is the most common immediate housing solution for released individuals and may require review of applicable housing rules where family members reside in public or subsidized housing.

Parole and Probation Housing Conditions

Individuals released on parole or probation in Massachusetts must have an approved residence address before leaving the facility. The Massachusetts Parole Board reviews proposed residence addresses and may impose restrictions — such as distance requirements from victims or from locations associated with the offense. Individuals on probation through the Probation Service similarly must report a verified residence address. These supervision conditions limit the available housing pool and must be factored into any housing search.

Members on supervision should work with their Parole Officer (PO) or Probation Officer (PPO) to identify approved housing options. If the PO rejects a proposed residence, that rejection may be challenged through the Parole Board’s administrative process. Reentry organizations with established relationships with the Parole Board can often facilitate the approval of alternative housing that might not otherwise be considered.

Public and Subsidized Housing Access

For HUD public housing, 42 U.S.C. § 13663 prohibits admission to any household containing an individual convicted of drug-related criminal activity involving the manufacture or production of methamphetamine on the premises of federally assisted housing, or to any individual subject to a lifetime sex offender registration requirement. Beyond these mandatory bars, PHAs set their own admissions criteria for other felony and misdemeanor categories through their ACOPs.

Most Massachusetts Housing Authority ACOPs impose lookback periods for violent felonies, drug distribution offenses, and other serious criminal categories — typically three to five years, though periods vary by jurisdiction. Individuals recently released may find that their release date places them within these lookback windows. Understanding the specific ACOP of each Housing Authority being applied to is essential.

For state-funded rental assistance, EOHLC and local Housing Authorities also apply individual eligibility criteria. The CHAMP application system allows applicants to apply to multiple state-aided housing programs simultaneously, which is particularly helpful for recently released individuals who may be applying broadly while their housing situation is uncertain.

Transitional and Reentry Housing Programs

Several structured reentry housing programs in Massachusetts serve recently released individuals. These include residential transitional programs that provide structured housing with case management, skills training, and employment support during the immediate post-release

period. The Boston Reentry Initiative (BRI), operated through the City of Boston and Boston Police Department in partnership with community providers, is one of the most structured reentry frameworks in the state and includes housing navigation as a central component.

Community programs offering transitional housing include Pine Street Inn (Boston), Caritas Communities (Eastern Massachusetts), Justice 4 Housing, and various programs operated through the Massachusetts Alliance of Portuguese Speakers (MAPS), La Colaborativa, and other community organizations in their respective service areas. Western Massachusetts residents can access programs through organizations listed in the CPCS reentry directory.

Because recently released individuals will have active conviction records in the CORI system, the documentation and individualized assessment strategy is the primary legal tool available to them in the private rental market. Members should prepare a comprehensive reentry housing portfolio before beginning their rental search, consisting of: a personal statement addressing the circumstances of the offense, actions taken during incarceration, and plans for stable housing and employment; letters of reference from correctional staff, program facilitators, clergy, family members, and community members; documentation of any programming, education, substance abuse treatment, or vocational training completed during incarceration; and a clear description of their current supervision status, income sources, and support network.

This portfolio, presented proactively to prospective landlords, can overcome the initial resistance many landlords have to renting to recently released individuals.

This is informational only and not legal advice.

Massachusetts reentry housing is governed by the intersection of multiple legal frameworks. Criminal supervision conditions are established by the Massachusetts Parole Board (G.L. c. 127, §§ 128–137) and the Massachusetts Probation Service (G.L. c. 276, § 87A et seq.). Federal housing bars applicable to released individuals are codified at 42 U.S.C. § 13663 (federally assisted housing). PHA admissions standards are at 24 C.F.R. §§ 960.203 and 982.553. State-aided public housing eligibility is governed by EOHLC regulations and individual Housing Authority ACOPs.

CORI access and use in housing are governed by G.L. c. 6, §§ 167–178. The individualized assessment standard for housing providers using criminal records derives from G.L. c. 151B, § 4(9) and HUD’s 2016 guidance memorandum. The Massachusetts DOC reentry planning obligation is established under G.L. c. 127, § 1 and related operational policies. The

Massachusetts Emergency Assistance (EA) program, which provides emergency shelter and housing assistance to eligible families, is governed by G.L. c. 23B and EOHLC regulations.

Parole Housing Approval Process

The Massachusetts Parole Board reviews proposed residence addresses under G.L. c. 127, §§ 128–130. A Parole Officer conducts a home visit and assesses whether the proposed address is appropriate based on the conditions of parole, the offense category, proximity to victims or restricted locations, and the housing environment. If a residence is not approved, the individual may be required to accept placement in a Parole Board-referred transitional housing program or may be held pending approval of an alternative address.

Practitioners advising clients on parole housing approval should engage the Parole Officer early, before the release date, to propose housing options. Reentry organizations that have established relationships with the Parole Board can expedite approval of appropriate housing that might otherwise face delays. Clients who believe a housing rejection by a Parole Officer is arbitrary or constitutes an unreasonable condition may raise the issue with the Parole Board through administrative channels.

The Massachusetts EA program provides emergency housing assistance to homeless families with children and to pregnant women meeting income and other eligibility criteria. The program is administered by EOHLC and provides access to emergency shelter and transitional housing. Single adults without children face more limited options under the EA program, but may access emergency shelter through locally contracted shelter systems funded through EOHLC’s emergency housing assistance programs.

Income eligibility is based on income at or below 115% of the federal poverty level. Criminal history may be reviewed as part of EA intake, with specific bars applicable to certain offense categories. Individuals recently released from incarceration who have dependent children should inquire about EA eligibility immediately.

Section 8 and CORI — Voucher Access After Incarceration

Following incarceration, individuals may apply for Housing Choice Voucher assistance, though waiting lists are extremely long in Massachusetts and the EOHLC statewide waiting list has been closed to new applicants as of January 2025. Local Housing Authority waiting lists may be open; members should check individual PHA websites. PHAs conduct CORI screening as part of the voucher application process under their ACOPs, and a recent conviction may trigger denial depending on the Housing Authority’s specific lookback policies.

Individuals who held vouchers before incarceration and whose vouchers were terminated during the period of incarceration may request reinstatement from the administering PHA. The grounds

for reinstatement and the process vary by PHA. Practitioners should review the applicable PHA’s Administrative Plan for reinstatement policies.

Massachusetts DOC Reentry Resources — Pre-Release Planning

The DOC’s reentry planning process is mandated to begin well before a projected release date. Reentry Specialists at each facility maintain connections to community housing providers, transitional programs, and social service agencies. Members approaching release should engage their Reentry Specialist as early as possible to discuss housing options and begin the pre-approval process with any applicable Housing Authorities or transitional programs. The DOC also facilitates access to identification documents, benefits enrollment, and health care connections that are prerequisites to stable housing.

This is informational only and not legal advice.

Massachusetts DOC reentry planning: G.L. c. 127, § 1 and DOC operational policy. Massachusetts Parole Board housing approval: G.L. c. 127, §§ 128–137. Massachusetts Probation Service supervision conditions: G.L. c. 276, § 87A et seq. CORI housing use and access: G.L. c. 6, §§ 167–178; G.L. c. 151B, § 4(9). Sealing waiting periods: G.L. c. 276, § 100A (misdemeanor: 3 years; felony: 7 years). Emergency housing assistance: G.L. c. 23B; EOHLC regulations. Federal housing bars: 42 U.S.C. § 13663. PHA screening authority: 24 C.F.R. §§ 960.203, 982.553. HUD 2016 criminal records guidance. Fair Housing Act: 42 U.S.C. § 3604. FCRA: 15 U.S.C. §§ 1681 et seq.

Recently released individuals present the highest-risk screening profile under standard tenant screening frameworks. Active conviction records are fully visible to CORI-certified housing providers and to private consumer reporting agencies. Rental history gaps from the incarceration period, lack of verifiable income in the immediate post-release period, and damaged or absent credit history create compounding barriers beyond the criminal record itself.

PHAs applying their ACOPs may deny admission based on recent convictions, recent incarceration, or eviction from federally assisted housing that accompanied an arrest or conviction. Private landlords conducting background checks will see the conviction record and may rely on it absent adequate mitigation. The combination of criminal history, credit impact, and income limitations makes this the highest-barrier situation in the housing node.

The most effective navigation strategy combines transitional housing as a stabilization bridge, active work on employment income to support a rental application, credit rebuilding steps, and

preparation of a comprehensive reentry documentation portfolio for use when applying to private rental housing.

Reentry and Criminal Record Support

Massachusetts Department of Correction — Reentry Planning Statewide Website: www.mass.gov/info-details/reentry-planning Pre-release housing planning, Reentry Specialists at each facility, and connection to housing databases.

Boston Reentry Initiative (BRI) Boston Phone: (617) 343-4267 Website: www.boston.gov/departments/reentry Structured reentry program providing case management, housing navigation, and service coordination for released individuals returning to Boston.

Justice 4 Housing — Redefining Reentry Program Statewide / Boston Phone: Phone not listed Website: justice4housing.org/redefining-reentry/ Independent living program for individuals returning to the community after incarceration.

Boston Public Library — Reentry Resources Guide Boston Website: guides.bpl.org/reentry/transitional Comprehensive directory of housing, legal, financial, and other reentry services in the Greater Boston area.

CPCS — After Incarceration and Reentry Services Directory Central, MetroWest, and Western Massachusetts Website: www.publiccounsel.net/soc/social-services-resources-after-incarceration-and-re-entry-services/Online directory of services for individuals returning from incarceration.

Caritas Communities — Veteran and Reentry Housing Eastern Massachusetts Phone: (617) 661-3239 Website: caritascommunities.org Affordable transitional housing for reentry populations and veterans; multiple properties in eastern Massachusetts.

Greater Boston Legal Services (GBLS) Boston / Greater Boston Phone: (617) 603-1700 | Toll-free: (800) 323-3205 Website: www.gbls.org Housing legal assistance including Housing Authority admission appeals and CORI-related barriers.

Community Legal Aid Worcester / Central and Western Massachusetts Phone: (508) 752-3718 Website: www.communitylegal.org Free legal services for income-eligible individuals navigating reentry housing barriers.

Massachusetts Commission Against Discrimination (MCAD) Statewide Boston: (617) 994-6000 Website: www.mass.gov/orgs/massachusetts-commission-against-discrimination Investigates housing discrimination complaints arising from criminal record use.

HUD Housing Counselor Locator Statewide Phone: 1-800-569-4287 Website: answers.hud.gov/housingcounseling Connects individuals with HUD-approved agencies for housing navigation support.

Massachusetts EOHLC / CHAMP System Statewide Website: publichousingapplication.ocd.state.ma.us State public housing and rental voucher applications; relevant for recently released individuals seeking subsidized housing.

Boston Housing Authority (BHA) Boston Phone: (617) 988-4000 Website: www.bostonhousing.org Administers HCV and public housing in Boston; ACOP governs criminal record screening and informal hearing rights.

Massachusetts DOC — Reentry Planning Page www.mass.gov/info-details/reentry-planning

Massachusetts General Laws c. 127, §§ 128–137 (Parole Board) malegislature.gov/Laws/GeneralLaws/PartI/TitleXVIII/Chapter127

Massachusetts General Laws c. 151B, § 4(9) malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter151b/section4

42 U.S.C. § 13663 — Federal Housing Bar for Dangerous Persons uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section13663

24 C.F.R. §§ 960.203, 982.553 — PHA Criminal Screening www.ecfr.gov

HUD — Criminal Records in Housing Guidance (2016) www.hud.gov

GBLS — Reducing Barriers to Subsidized Housing (NLG Report) www.nlg.org/wp-content/uploads/2022/02/Far-From-Home_-Reducing-Barriers-to-Subsidized-H ousing-for-People-with-Criminal-Records-in-Massachusetts.pdf

CPCS — Reentry Services Directory www.publiccounsel.net/soc/social-services-resources-after-incarceration-and-re-entry-services/

This is informational only and not legal advice.

This is informational only and not legal advice.

Massachusetts regulates sex offender registration through the Sex Offender Registry Board (SORB), which classifies registered individuals into three levels based on risk of re-offense and the danger posed to the public. Level 1 represents low risk; Level 2 represents moderate risk; Level 3 represents high risk. Under G.L. c. 6, §§ 178C–178Q (the sex offender registration statute), all individuals convicted of qualifying sex offenses and residing, working, or attending school in Massachusetts must register with SORB.

Massachusetts does not currently have a statewide statutory residency restriction law prohibiting registered sex offenders from living near schools, playgrounds, bus stops, or similar locations. This distinguishes Massachusetts from a number of other states that have enacted such laws. However, some individual municipalities have enacted local restrictions applying to Level 3 offenders. These local ordinances vary and must be checked in the specific city or town where the member intends to live.

Federally assisted housing presents a hard statutory bar: under 42 U.S.C. § 13663, any individual subject to a lifetime sex offender registration requirement — regardless of classification level — is permanently barred from admission to federally assisted housing. Massachusetts state-aided housing programs have their own admissions standards, which generally permit Housing Authorities to consider sex offender registration in admissions decisions under their ACOPs, but which do not necessarily mirror the federal lifetime bar.

Private landlords who discover SORB Level 2 or Level 3 status through background checks may decline to rent to registrants, and Massachusetts does not have a law prohibiting such private rental decisions.

This is informational only and not legal advice.

The Massachusetts Sex Offender Registry Board classifies registered sex offenders into three levels under G.L. c. 6, § 178K. The classification process involves a Board hearing at which a classification level is recommended based on the risk of reoffense, the degree of danger posed to the public, and a range of statutory factors including the nature of the offense, the victim’s characteristics, the offender’s behavior history, and evidence of treatment and rehabilitation. Offenders have the right to contest their classification at the hearing and may appeal an adverse classification to Superior Court.

Level 1 classification carries restricted dissemination: registration information is not available to the general public and may only be disclosed to criminal justice agencies and specific categories of entities. Level 2 and Level 3 classifications are subject to public dissemination. Level 2 information is available through law enforcement and may be posted online in some circumstances. Level 3 information is fully publicly disseminated online through the SORB registry at communitynotification.com, and is also disseminated to local police departments for community notification purposes.

No Statewide Residency Restriction Law

Massachusetts is one of a smaller number of states that has not enacted a statewide residency restriction law prohibiting sex offenders from living within a specified distance of schools, parks, childcare facilities, bus stops, or other locations. This is an important distinction for members coming from states with strict residency restriction laws: in Massachusetts, there is generally no statewide geographic restriction on where a registered sex offender may reside.

However, some municipalities have enacted local ordinances restricting Level 3 sex offenders from residing near certain locations. These ordinances vary by city and town and may not be

widely publicized. Members intending to reside in a specific municipality should check with local police or city/town legal counsel about whether any local ordinance applies.

Federal Housing Restrictions

Federal law imposes a permanent and absolute bar on admission to federally assisted housing for any individual subject to a lifetime sex offender registration requirement. This bar is codified at 42 U.S.C. § 13663 and applies to all PHAs administering HUD public housing and Housing Choice Voucher programs. A “lifetime sex offender registration requirement” means any requirement under state or federal law to register as a sex offender for the duration of the individual’s life, without the possibility of future removal from the registry.

Under Massachusetts law, registration duration depends on the offense and classification level. Some offenders are subject to registration for fifteen, twenty-five years, or for life. Members who are subject to lifetime registration in Massachusetts are categorically ineligible for federally assisted housing under 42 U.S.C. § 13663 regardless of their SORB classification level.

Members whose registration requirement is time-limited (fifteen or twenty-five years) are not subject to the permanent federal bar by that provision alone, though PHAs retain discretion under their ACOPs to consider sex offender registration status in their broader admissions screening.

State-Aided Public Housing

For Massachusetts state-aided public housing, EOHLC and Housing Authority ACOPs govern admissions decisions involving sex offender registry status. Unlike the federal mandatory bar, state housing programs apply individualized discretion — though many ACOPs include provisions allowing denial of admission to registered sex offenders, particularly at Level 2 and Level 3. Members should review the specific ACOP of each Housing Authority they are applying to in order to understand whether sex offender registry status is a disqualifying factor, and for which classification levels.

Private Market Housing

In the private rental market, the principal challenge for registered sex offenders — particularly Level 2 and Level 3 — is that their registry information is publicly accessible. Any landlord or property management company conducting a background check, or simply searching the SORB online registry, can discover Level 2 or Level 3 registrant status. Massachusetts has no law prohibiting private landlords from declining to rent to registered sex offenders. This makes the private rental market difficult for Level 2 and Level 3 registrants in competitive housing markets.

Level 1 registrants have restricted public dissemination, meaning their information does not appear in the SORB public online registry. However, private consumer reporting agencies may access court records that reference the sex offense conviction, and the underlying conviction

will appear in a CORI check. Members with Level 1 status have greater practical privacy than Level 2 or 3, but their underlying conviction record remains.

Reclassification Petitions

A registered sex offender who has been classified may petition SORB for reclassification to a lower level or for termination of the registration requirement after meeting applicable waiting periods. Under G.L. c. 6, § 178L, a registrant may petition for reclassification after ten years at the current classification level. A successful reclassification to Level 1 significantly reduces public dissemination barriers and may improve housing access. Practitioners and members should be aware that the reclassification process is adversarial, and applicants benefit from legal representation and comprehensive documentation of rehabilitation.

This is informational only and not legal advice.

Sex offender registration in Massachusetts is governed by G.L. c. 6, §§ 178C–178Q (the Adam Walsh Act framework as implemented in Massachusetts). The SORB classification process is established under § 178K. Public dissemination rules are at § 178I (Level 3) and §§ 178J, 178K (Level 2 and Level 1). Reclassification petitions are governed by § 178L. SORB’s authority as an administrative board derives from G.L. c. 6, § 178E.

The federal housing bar for sex offenders is codified at 42 U.S.C. § 13663 (federally assisted housing) and at 42 U.S.C. § 1437f(t) (HCV program). PHAs are required to verify sex offender registry status for all adult household members upon admission and upon annual recertification through the national sex offender public website (NSOPW) and applicable state registries. A PHA that admits an individual known to be subject to a lifetime registration requirement violates HUD program requirements.

Under 24 C.F.R. § 960.204(b), PHAs must prohibit admission of any household member who is subject to a lifetime sex offender registration requirement. Under 24 C.F.R. § 982.553(a)(2)(i), the same prohibition applies to the HCV program.

SORB Classification Hearing — Practitioner Considerations

The SORB classification hearing is an administrative proceeding in which the burden of proving the appropriate classification level rests with SORB. The hearing is conducted before a SORB Hearing Examiner, and the registrant has the right to counsel, to present evidence, and to cross-examine. SORB must establish the classification level by clear and convincing evidence under G.L. c. 6, § 178L(1)(a).

Factors considered in classification include static risk factors (offense history, victim characteristics, prior criminal history), dynamic risk factors (treatment completion, community support, stable housing and employment), and protective factors. A registrant who demonstrates substantial rehabilitation, stable housing, employment, community support, and absence of reoffense may obtain a lower classification than would otherwise apply.

Practitioners representing clients at SORB classification hearings should obtain expert psychological evaluation, compile comprehensive rehabilitation documentation, and present housing and employment stability as affirmative factors. A lower SORB classification directly impacts housing access by reducing public dissemination of registry information.

Post-Classification Housing Navigation

For Level 1 registrants, the restricted dissemination provides substantial protection from public-facing landlord searches, though the underlying criminal conviction remains visible in CORI and court records. The primary housing strategy for Level 1 registrants is the same as for any felony conviction — sealing eligibility after seven years, individualized assessment advocacy, and documentation of rehabilitation.

For Level 2 registrants, public dissemination is available through law enforcement agencies and may appear in some online resources, creating a more visible barrier. Practitioners should consult current SORB dissemination rules to understand the scope of Level 2 public access.

For Level 3 registrants, full online public dissemination through SORB’s community notification website means any internet search will reveal the registration. Private market housing becomes difficult in most settings. Transitional housing programs specifically serving registered sex offenders, supported living arrangements, and state-funded housing programs that apply individualized rather than categorical admissions review may offer the most realistic near-term housing pathways.

Municipal Residency Restrictions

Practitioners advising clients who are registered sex offenders about housing location should conduct specific research into the municipal ordinances of each city or town being considered. Some Massachusetts municipalities have enacted ordinances restricting Level 3 sex offenders from residing near schools, playgrounds, parks, or other specified locations. These ordinances are not uniform, may be subject to constitutional challenge as applied, and must be reviewed city by city. The Massachusetts ACLU and MLRI have been involved in monitoring and challenging such ordinances where they create effectively impossible living conditions.

This is informational only and not legal advice.

Massachusetts sex offender registration: G.L. c. 6, §§ 178C–178Q. SORB classification: G.L. c. 6, § 178K. Reclassification petitions: G.L. c. 6, § 178L. Public dissemination: G.L. c. 6, §§ 178I–178K. Federal housing bar for lifetime sex offender registrants: 42 U.S.C. § 13663; 24 C.F.R. §§ 960.204(b) and 982.553(a)(2)(i). HUD PHA guidance on sex offender screening: HUD PIH Notice 2012-28. SORB online registry: communitynotification.com. Massachusetts does not currently have a statewide residency restriction statute.

Level 1 registrants: Registry information is not publicly disseminated on the SORB website. Background checks may still reveal the underlying conviction through CORI or court record databases. Housing impact is primarily from the criminal conviction record rather than public registry visibility.

Level 2 registrants: Some public dissemination through law enforcement; information may be accessible to motivated searchers. Background checks will reveal the underlying conviction through CORI. Housing impact is significant in both private and subsidized markets.

Level 3 registrants: Full public online dissemination through SORB’s website. Any internet search or background check will reveal the registration and offense information. Private market housing access is severely restricted. Federal housing programs are barred for those with lifetime registration requirements. State housing program access depends on individual Housing Authority ACOP language and discretionary review.

Legal Aid and Criminal Record Support

Committee for Public Counsel Services (CPCS) Statewide Phone: (617) 482-6212 Website: www.publiccounsel.net Public defender agency; provides representation in SORB classification hearings and appeals for income-eligible individuals.

Greater Boston Legal Services (GBLS) Boston / Greater Boston Phone: (617) 603-1700 Website: www.gbls.org Civil legal assistance including housing barrier navigation for individuals with criminal records including sex offense histories.

Massachusetts Lawyers for Civil Rights (MLCR) Boston Phone: (617) 482-1145 Website: www.lawyersforcivilrights.org Civil rights litigation and advocacy, including challenges to discriminatory housing policies.

Massachusetts Commission Against Discrimination (MCAD) Statewide Boston: (617) 994-6000 Website: www.mass.gov/orgs/massachusetts-commission-against-discrimination Handles housing discrimination complaints under G.L. c. 151B; sex offender registry status is not a protected class, but underlying race or disability discrimination claims may be filed where applicable.

Massachusetts ACLU Boston Phone: (617) 482-3170 Website: www.aclum.org Has monitored and challenged municipal sex offender residency ordinances and other restrictions that may create unconstitutionally impossible housing conditions.

Massachusetts EOHLC / CHAMP System Statewide Website: publichousingapplication.ocd.state.ma.us Application portal for state-aided public housing; individuals who are not subject to the federal lifetime bar may apply and will receive individualized screening under Housing Authority ACOP policies.

Boston Housing Authority (BHA) Boston Phone: (617) 988-4000 Website: www.bostonhousing.org Administers public housing and HCV; subject to federal bar under 42 U.S.C. § 13663 for lifetime registrants; ACOP governs other sex offense registration situations.

SORB Administrative Resources

Massachusetts Sex Offender Registry Board (SORB) Statewide Phone: (978) 740-6400 Website: www.mass.gov/orgs/sex-offender-registry-board Administers the registration, classification, and reclassification process; primary state agency for sex offender registry matters.

SORB Online Registry (Community Notification) Website: communitynotification.com Public-facing Level 2 and Level 3 registry database.

Housing Resources for Sex Offenders

Western Mass Housing First — Sex Offender Housing Presentation Western Massachusetts Website: www.westernmasshousingfirst.org Published materials on housing options for registered sex offenders in western Massachusetts.

Massachusetts General Laws c. 6, §§ 178C–178Q (Sex Offender Registration) malegislature.gov/Laws/GeneralLaws/PartI/TitleII/Chapter6/Section178C

Massachusetts SORB — Sex Offender Classification Process www.mass.gov/info-details/sex-offender-classification-process

SORB Online Registry communitynotification.com

42 U.S.C. § 13663 — Federal Housing Bar uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section13663

24 C.F.R. § 960.204(b) — PHA Public Housing Admission Prohibition www.ecfr.gov

24 C.F.R. § 982.553(a)(2)(i) — HCV Admission Prohibition www.ecfr.gov

HUD PIH Notice 2012-28 — Lifetime Sex Offenders in Housing Choice Voucher Program www.hud.gov/sites/documents/12-28pihn-atch.pdf

Massachusetts Levels of Sex Offenders www.mass.gov/info-details/levels-of-sex-offenders

Western Mass Housing First — Housing Sex Offenders Presentation (2020) www.westernmasshousingfirst.org/wp-content/uploads/2020/04/Housing-Sex-Offenders-Present ation-4.30.20.pdf

This is informational only and not legal advice.

This is informational only and not legal advice.

Chapter 7 bankruptcy is a federal liquidation bankruptcy proceeding administered in the U.S. Bankruptcy Court for the District of Massachusetts. In a Chapter 7 case, eligible debts are discharged — legally eliminated — typically within three to six months of filing. Assets above state exemption levels may be liquidated by a trustee, though most Massachusetts Chapter 7 filers have no non-exempt assets.

A Chapter 7 bankruptcy filing appears on a consumer credit report for up to ten years from the filing date under the Fair Credit Reporting Act, 15 U.S.C. § 1681c. This is different from the seven-year reporting period that applies to most other negative credit events. The presence of a bankruptcy on a credit report significantly depresses credit scores and creates a visible negative event that landlords conducting credit checks will see.

Massachusetts law does not prohibit landlords from considering bankruptcy in housing decisions. However, a tenant who filed for bankruptcy due to a period of hardship that has since been resolved, who has maintained stable income and met all financial obligations since discharge, may present a very different risk profile than the raw credit score suggests.

Subsidized housing programs — including HUD public housing and the Housing Choice Voucher program — do not list bankruptcy as a mandatory disqualifying factor for admissions, though PHAs may review credit history as part of their broader financial screening. The CHAMP system for Massachusetts state-aided housing also does not impose a categorical bankruptcy bar.

This is informational only and not legal advice.

Chapter 7 of the U.S. Bankruptcy Code, 11 U.S.C. § 701 et seq., provides individual debtors with a relatively fast mechanism to discharge most unsecured debts — credit cards, medical bills, personal loans, and similar obligations — in exchange for surrendering non-exempt assets to a bankruptcy trustee. The process is administered by the U.S. Bankruptcy Court for the District of Massachusetts, which has offices in Boston, Worcester, and Springfield.

To qualify for Chapter 7, individuals must pass a means test demonstrating that their income falls below the state median income level or that their disposable income, after allowable expenses, does not exceed specified limits. Massachusetts median income figures are updated by the U.S. Department of Justice periodically. Most cases are completed within three to six months of filing, after which the debtor receives a discharge order eliminating qualifying debts.

A Chapter 7 discharge does not eliminate all debts — student loans, recent taxes, domestic support obligations, and certain other categories survive bankruptcy. But it does give individuals a genuine financial fresh start from the burden of dischargeable debt.

The Credit Report Impact

Under 15 U.S.C. § 1681c(a)(1) of the FCRA, a Chapter 7 bankruptcy case may be reported on a consumer credit report for up to ten years from the filing date. This is the longest reporting window of any negative credit event under the FCRA. The bankruptcy filing will appear in the public records section of the credit report and will typically result in a significant reduction in credit score — sometimes 100–200 points or more depending on the individual’s pre-bankruptcy credit profile.

The credit score impact diminishes over time as the bankruptcy ages and as the individual rebuilds their credit through responsible financial behavior. A person who filed Chapter 7 six or seven years ago and has maintained clean credit since discharge will have a substantially better score than someone who filed recently.

How Landlords Use Bankruptcy in Screening

Massachusetts law does not prohibit private landlords from considering a bankruptcy filing in rental decisions. When a landlord conducts a standard tenant screening that includes a credit check, the Chapter 7 filing will appear in the results. Some landlords may decline to rent to applicants with recent bankruptcies based on concerns about financial reliability. Others — particularly those who have reviewed a full credit picture showing stable current income, timely payments since discharge, and a reasonable debt-to-income ratio — may look beyond the filing date and evaluate the current financial picture.

The Massachusetts tenant screening market is governed by the FCRA, which requires landlords who use consumer reports in rental decisions to follow adverse action procedures under 15 U.S.C. § 1681m. If a landlord denies a rental application wholly or partly based on information in a credit report, the landlord must provide an adverse action notice identifying the CRA and advising the applicant of their right to a free copy of the report and the right to dispute inaccurate information.

The most effective strategy for housing applications after a Chapter 7 discharge involves transparency and a compelling current financial narrative. Members applying to rent after bankruptcy should consider the following: prepare documentation of current stable income (pay stubs, employment offer letters, benefits statements); obtain a copy of the discharge order and carry it to explain that the bankruptcy is complete and debts are cleared; provide evidence of all financial obligations met on time since the discharge (phone bills, utilities, auto loans, any credit cards obtained post-discharge); secure reference letters from employers, prior landlords who

rented to them post-discharge, or other individuals who can speak to financial reliability; and consider offering a slightly larger security deposit (within the limits of G.L. c. 186, § 15B, which caps security deposits at one month’s rent in Massachusetts) where the landlord is hesitant.

For members who experienced bankruptcy as a result of a specific, documented hardship — medical crisis, job loss, domestic violence — a brief personal statement explaining the circumstances and what has changed since then can be persuasive.

Subsidized Housing

For HUD public housing and voucher programs, the PHAs’ ACOPs do not typically list Chapter 7 bankruptcy as a categorical disqualifier. However, PHAs may review financial history and require applicants to demonstrate an ability to meet rent obligations. Members applying to Massachusetts state-aided housing through the CHAMP system should review the specific Housing Authority’s ACOP for any financial screening criteria.

This is informational only and not legal advice.

Chapter 7 is governed by 11 U.S.C. §§ 701–784 (Liquidation). The means test is codified at 11 U.S.C. § 707(b). The automatic stay — which protects debtors from collection actions upon filing — is at 11 U.S.C. § 362. The discharge is governed by 11 U.S.C. § 727. Non-dischargeable debt categories are at 11 U.S.C. § 523. Cases are administered by the U.S. Bankruptcy Court for the District of Massachusetts under 28 U.S.C. § 84.

The FCRA’s ten-year reporting rule for bankruptcy is codified at 15 U.S.C. § 1681c(a)(1). The adverse action notice requirement for landlords using consumer reports in rental decisions is at 15 U.S.C. § 1681m. The FCRA is enforced by the Federal Trade Commission and the Consumer Financial Protection Bureau.

Massachusetts-Specific Bankruptcy Exemptions

Massachusetts debtors may choose between Massachusetts state exemptions or the federal exemptions under 11 U.S.C. § 522. Massachusetts exemptions (G.L. c. 235, § 34 and related provisions) include homestead protection for owned real estate (up to $500,000 under G.L. c. 188), personal property exemptions, and other categories. Most Chapter 7 filers in Massachusetts elect the state exemptions if they own a home with equity they wish to protect, and the federal exemptions in other circumstances. The choice of exemption set is a tactical decision made with counsel.

Upon the filing of a Chapter 7 petition, the automatic stay under 11 U.S.C. § 362(a) halts most collection actions, including eviction proceedings for nonpayment of rent — but only if the landlord has not yet obtained a judgment for possession. Under 11 U.S.C. § 362(b)(22), the automatic stay does not apply to eviction proceedings based on a judgment for possession that was obtained before the bankruptcy filing. A landlord who already holds a judgment may, in most circumstances, proceed with the physical eviction without seeking relief from stay.

For tenants who filed Chapter 7 while living in rental housing, the treatment of the lease depends on whether the debtor chooses to assume or reject the lease under 11 U.S.C. § 365. If the debtor rejects the lease, the landlord becomes an unsecured creditor for future rent claims and the tenancy ends. If the debtor wishes to remain in the rental unit post-bankruptcy, they must assume the lease and cure any pre-petition defaults. Practitioners advising Chapter 7 debtors in rental housing must carefully navigate the lease assumption/rejection decision with the debtor’s housing stability in mind.

Post-Bankruptcy Credit Rebuilding Strategy

The FCRA’s ten-year reporting window for Chapter 7 means that the record will persist in credit files for a substantial period. Credit rebuilding after Chapter 7 typically involves obtaining a secured credit card or credit-builder loan, becoming an authorized user on a responsible family member’s credit card, ensuring all monthly financial obligations are paid on time consistently, and monitoring credit reports regularly through AnnualCreditReport.com to dispute any inaccuracies.

Credit scores post-bankruptcy typically improve measurably within two to three years of the discharge, with the most significant recovery occurring in years four through seven as the bankruptcy ages and positive payment history accumulates. Members applying for housing in the first two to three years post-discharge face the most challenging credit environment.

FCRA Adverse Action in Housing — Practitioner Notes

When a landlord denies a rental application based wholly or in part on information in a consumer report, the landlord must comply with the FCRA’s adverse action requirements at 15 U.S.C. § 1681m: providing a written or oral adverse action notice, identifying the CRA used, and advising the applicant of the right to a free copy of the report and the right to dispute inaccurate information. Failure to provide the required adverse action notice exposes the landlord to FCRA civil liability. Practitioners representing applicants denied housing after a credit check should verify whether the adverse action notice was provided and accurate, as non-compliance may create leverage in negotiating reconsideration.

This is informational only and not legal advice.

Chapter 7 bankruptcy is governed by 11 U.S.C. §§ 701–784, administered by the U.S. Bankruptcy Court for the District of Massachusetts (Boston: 617-748-5300; Worcester; Springfield). Massachusetts exemption law: G.L. c. 235, § 34; G.L. c. 188 (homestead). Automatic stay: 11 U.S.C. § 362. Discharge: 11 U.S.C. § 727. Non-dischargeable debt: 11 U.S.C. § 523. Lease assumption/rejection: 11 U.S.C. § 365. FCRA reporting rules for bankruptcy: 15 U.S.C. § 1681c(a)(1). Adverse action notice requirement: 15 U.S.C. § 1681m. Massachusetts security deposit cap: G.L. c. 186, § 15B. HCV and public housing financial screening: 24 C.F.R. §§ 960.203, 982.553 and individual PHA ACOPs.

A Chapter 7 bankruptcy filing appears in the public records section of consumer credit reports for ten years from the filing date. During this period, landlords conducting credit checks will see the entry. The credit score depression associated with bankruptcy is most severe in the first two years post-filing and gradually improves with consistent positive payment behavior. Tenant screening companies may report the bankruptcy as a public records entry in tenant background check reports.

Massachusetts law does not prohibit private landlords from considering bankruptcy in housing decisions, and no MCAD protected class is based on bankruptcy status. Housing access after Chapter 7 is therefore primarily a financial credibility challenge rather than a legal rights challenge. The most effective response involves demonstrating current financial stability, positive post-discharge credit behavior, and references that speak to the applicant’s current reliability.

For federally assisted housing programs and state public housing in Massachusetts, Chapter 7 bankruptcy is not a categorical disqualifier, though financial history may be reviewed as part of broader admissions screening. PHAs and Housing Authorities evaluate the overall financial picture rather than the bankruptcy filing in isolation.

U.S. Bankruptcy Court for the District of Massachusetts Boston / Worcester / Springfield Phone: (617) 748-5300 (Boston) Website: www.mab.uscourts.gov Administers Chapter 7 and Chapter 13 bankruptcy cases; provides self-help resources for pro se debtors.

National Consumer Law Center (NCLC) Boston Phone: (617) 542-8010 Website: www.nclc.org National nonprofit with Boston headquarters; conducts advocacy and publishes resources on

consumer credit, bankruptcy, and fair housing; provides technical assistance to legal aid attorneys.

Greater Boston Legal Services (GBLS) Boston / Greater Boston Phone: (617) 603-1700 Website: www.gbls.org Provides free civil legal assistance for income-eligible individuals navigating housing and consumer credit issues post-bankruptcy.

Massachusetts Legal Assistance Corporation (MLAC) Statewide Website: mlac.org/help Umbrella organization for civil legal aid in Massachusetts; connects individuals with appropriate regional legal aid provider.

HUD Housing Counselor Locator Statewide Phone: 1-800-569-4287 Website: answers.hud.gov/housingcounseling Connects individuals with HUD-approved housing counseling agencies for rental navigation and credit counseling support.

Consumer Financial Protection Bureau (CFPB) Federal Website: www.consumerfinance.gov Provides free educational resources on credit rebuilding after bankruptcy, credit report dispute processes, and FCRA rights.

AnnualCreditReport.com Federal Website: www.annualcreditreport.com Free annual credit reports from Equifax, Experian, and TransUnion; essential for monitoring accuracy of bankruptcy entries and post-discharge credit rebuilding.

Massachusetts EOHLC / CHAMP System Statewide Website: publichousingapplication.ocd.state.ma.us Application portal for state public housing and rental vouchers; no categorical bankruptcy bar in standard admissions.

Boston Housing Authority (BHA) Boston Phone: (617) 988-4000 Website: www.bostonhousing.org Administers public housing and HCV in Boston; ACOP governs financial screening standards.

11 U.S.C. §§ 701–784 — Chapter 7 Bankruptcy Code uscode.house.gov

U.S. Bankruptcy Court, District of Massachusetts — FAQs for Debtors www.mab.uscourts.gov/faqs-debtors

15 U.S.C. § 1681c — FCRA Reporting Periods www.ftc.gov/legal-library/browse/statutes/fair-credit-reporting-act

15 U.S.C. § 1681m — Adverse Action Notice Requirements www.ftc.gov/legal-library/browse/statutes/fair-credit-reporting-act

Massachusetts General Laws c. 186, § 15B (Security Deposit Cap) malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter186/Section15b

Massachusetts General Laws c. 188 (Homestead Protection) malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter188

Foreclosures in Mass — Chapter 7 vs. Chapter 13 in Massachusetts (2025) www.foreclosuresinmass.com/legal-blog/2025/november/chapter-7-vs-chapter-13-in-massachus etts/

Feinman Law — What Happens if You File for Bankruptcy While Renting (2024) www.feinmanlaw.com/blog/2024/09/what-happens-if-you-file-for-bankruptcy-while-renting-a-hom e/

AnnualCreditReport.com www.annualcreditreport.com

This is informational only and not legal advice.

This is informational only and not legal advice.

Chapter 13 bankruptcy, governed by 11 U.S.C. §§ 1301–1330, is a reorganization bankruptcy that allows individuals with regular income to repay some or all of their debts through a three-to-five-year court-supervised repayment plan. Unlike Chapter 7, Chapter 13 does not liquidate assets; instead, the debtor proposes a plan to repay creditors from future income, and upon successful completion of the plan, remaining eligible debts are discharged.

Under the FCRA, a Chapter 13 bankruptcy is reported on consumer credit reports for seven years from the filing date — three years less than the Chapter 7 reporting period — because Chapter 13 involves a repayment commitment that creditors view more favorably than liquidation.

From a housing perspective, a Chapter 13 filing creates two distinct challenges. First, the active filing appears in credit reports and reduces the applicant’s credit score, making credit-screened housing applications more difficult. Second, entering into a new residential lease while in Chapter 13 may constitute an assumption of a new executory contract that, in some courts and circumstances, requires bankruptcy court approval or at minimum notification to the trustee. Practitioners advising clients in Chapter 13 who need new housing should understand the specific rules in the District of Massachusetts.

The housing access challenge is somewhat different from Chapter 7 because Chapter 13 filers are demonstrating an active commitment to repay their creditors — a factor that some prospective landlords view more favorably than a liquidation discharge.

This is informational only and not legal advice.

Chapter 13 bankruptcy — the “wage earner’s plan” — is designed for individuals with regular income who wish to reorganize their financial obligations and repay debts over time rather than discharge them through liquidation. Chapter 13 allows debtors to catch up on mortgage arrears and save a home from foreclosure, repay car loans, and manage nondischargeable debts (such as certain taxes and domestic support obligations) within the supervised framework of the bankruptcy court.

The Chapter 13 process begins with filing a petition and a proposed repayment plan with the U.S. Bankruptcy Court for the District of Massachusetts. The plan is reviewed by the Chapter 13 trustee and confirmed by the court if it meets the requirements of 11 U.S.C. § 1325. Once

confirmed, the debtor makes regular plan payments to the trustee for three to five years. Upon successful completion, remaining eligible debts are discharged.

Under the FCRA, 15 U.S.C. § 1681c, a Chapter 13 bankruptcy is reported on consumer credit reports for seven years from the filing date — shorter than the ten-year window applicable to Chapter 7. During the plan period (three to five years), the active bankruptcy case appears on the credit report. After the discharge, the completed bankruptcy case continues to appear for the remainder of the seven-year reporting period.

The credit score impact of Chapter 13 is significant but slightly more favorable than Chapter 7 in long-term credit modeling, and some lenders and landlords distinguish between the two when reviewing applications.

Renting During an Active Chapter 13 Plan

Entering into a new residential lease while in an active Chapter 13 plan raises a question that practitioners and debtors should address with their bankruptcy attorney. A new residential lease is generally not an executory contract in the sense that triggers mandatory court approval, and most bankruptcy practitioners in Massachusetts advise that executing a new lease during Chapter 13 does not require court approval. However, the new rental expense must be consistent with the debtor’s confirmed plan budget. If the new rent obligation requires modification of the confirmed plan — because it changes the debtor’s monthly disposable income available for plan payments — a plan modification motion may need to be filed with the court.

From the landlord’s perspective, a prospective tenant in Chapter 13 presents a more complex screening picture. The landlord will see the active bankruptcy filing in a credit check, and some may be reluctant to rent to an individual in an active bankruptcy proceeding. Others — particularly those who understand the difference between Chapter 7 and Chapter 13 — may view the active payment plan as evidence of financial discipline and commitment to meeting obligations.

Protecting a Lease During Chapter 13

A key benefit of Chapter 13 for tenants already in a lease is the ability to cure arrears through the plan. If a tenant has accumulated unpaid rent and a landlord has filed for eviction, the filing of a Chapter 13 petition triggers the automatic stay under 11 U.S.C. § 362, which halts the eviction proceeding — provided the landlord has not yet obtained a judgment for possession before the bankruptcy was filed. The tenant may then propose a plan that cures the rental arrears over time, allowing the tenancy to continue. This is one of the most important practical uses of Chapter 13 for tenants in Massachusetts facing eviction for nonpayment.

Following completion of the Chapter 13 plan and entry of the discharge order, the member’s financial position is significantly improved: debts have been repaid or discharged, and the disciplined five-year payment history under the plan demonstrates financial commitment. The bankruptcy will remain on the credit report for the remainder of the seven-year period, but the narrative available to share with prospective landlords — five years of consistent payments under a court-supervised plan — is substantially more positive than the Chapter 7 story.

Members applying for housing post-Chapter 13 discharge should obtain a copy of the discharge order, prepare a brief statement explaining the Chapter 13 process and its successful completion, and document their payment history during the plan period. Letters of reference from employers, current or prior landlords, and the Chapter 13 trustee’s office (which records payment history) can be valuable supporting materials.

This is informational only and not legal advice.

Chapter 13 is governed by 11 U.S.C. §§ 1301–1330. Plan confirmation standards are at 11 U.S.C. § 1325. The automatic stay is at 11 U.S.C. § 362. The discharge in Chapter 13 is at 11 U.S.C. § 1328 — broader than Chapter 7 in that it may discharge some debts that are non-dischargeable in Chapter 7, such as the portion of a domestic support obligation that is not current. The Chapter 13 trustee in the District of Massachusetts administers confirmed plans. FCRA reporting: 15 U.S.C. § 1681c (seven-year period for Chapter 13). Adverse action notice: 15 U.S.C. § 1681m.

Upon filing Chapter 13, the automatic stay under § 362(a) immediately halts most civil actions against the debtor, including eviction proceedings — but only to the extent that no judgment for possession has been entered before the filing. Under § 362(b)(22), the stay does not apply to the enforcement of a judgment for possession obtained before the bankruptcy filing. Under § 362(b)(23), the stay does not apply to an eviction proceeding in which the landlord certifies that the eviction is based on endangerment of property or illegal use of controlled substances, even without a prior judgment.

A tenant in Massachusetts who files Chapter 13 before a judgment for possession is entered in Housing Court or District Court will obtain the automatic stay protection, halting the eviction. The debtor must then either: (1) include the rental arrears in the confirmed Chapter 13 plan and cure them over the plan period under 11 U.S.C. § 1322(b)(7); or (2) execute a negotiated agreement

with the landlord. Practitioners should move quickly upon the filing to communicate with the landlord and the Housing Court to ensure the stay is respected.

Plan Budget and New Lease Considerations

For Chapter 13 debtors who need new housing during the plan period, the interaction between the confirmed plan budget and new lease expenses is the primary analytical issue. Under 11 U.S.C. § 1325(b), the debtor must commit all projected disposable income for the duration of the plan to plan payments. An increase in rent expenses that reduces disposable income available for plan payments may require a plan modification under 11 U.S.C. § 1329. Practitioners advising Chapter 13 debtors seeking new housing should review the confirmed plan and calculate the impact of the proposed rent on the plan’s feasibility before executing a new lease.

FCRA Adverse Action in Chapter 13 Housing Applications

As with Chapter 7, landlords who deny rental applications based on information in a consumer report (including the bankruptcy filing) must comply with the FCRA’s adverse action notice requirements under § 1681m. The applicant has the right to a free copy of the report and the right to dispute inaccurate information. If the bankruptcy entry is accurate, the adverse action notice still provides the applicant with an opportunity to follow up with the landlord and provide additional context.

Subsidized Housing and Chapter 13

PHAs that administer HUD public housing and HCV programs do not have a categorical bar against applicants in Chapter 13. Financial screening under a PHA’s ACOP typically focuses on ability to pay rent and history of meeting financial obligations, which a debtor actively repaying creditors through a confirmed Chapter 13 plan may be able to demonstrate. PHAs that use credit checks as part of screening will see the active bankruptcy, but may give weight to the repayment commitment in the individualized assessment.

This is informational only and not legal advice.

Chapter 13 is governed by 11 U.S.C. §§ 1301–1330. Plan confirmation: 11 U.S.C. § 1325. Automatic stay: 11 U.S.C. § 362. Chapter 13 discharge: 11 U.S.C. § 1328. Lease treatment in bankruptcy: 11 U.S.C. § 365. Plan modification: 11 U.S.C. § 1329. U.S. Bankruptcy Court, District of Massachusetts. FCRA reporting period for Chapter 13: 15 U.S.C. § 1681c (seven years from filing). Adverse action notice: 15 U.S.C. § 1681m. Massachusetts security deposit rules: G.L. c. 186, § 15B. HUD public housing screening: 24 C.F.R. § 960.203; HCV screening: 24 C.F.R. § 982.553.

An active Chapter 13 bankruptcy case appears in consumer credit reports and is visible to landlords conducting credit checks. Credit scores are depressed by the active filing. The practical rental market impact during the plan period (three to five years) includes reduced access to credit-screened private rental housing, particularly in competitive urban markets. After successful discharge, the completed Chapter 13 history remains on the credit report for the remainder of the seven-year FCRA window, but the payment history it represents is more positive than a Chapter 7 liquidation narrative.

For subsidized housing programs, Chapter 13 does not create a categorical bar. The active bankruptcy may be visible in financial screening, and the ability to make ongoing plan payments while paying rent must be demonstrable in the plan budget. Members applying to public housing or voucher programs while in Chapter 13 should disclose the plan and provide documentation of confirmed plan payment compliance.

U.S. Bankruptcy Court for the District of Massachusetts Boston / Worcester / Springfield Phone: (617) 748-5300 (Boston) Website: www.mab.uscourts.gov Administers Chapter 13 cases in Massachusetts; provides information for pro se debtors; Chapter 13 trustee’s office maintains payment records.

Chapter 13 Trustee — District of Massachusetts (Eastern Division) Boston Website: www.mab.uscourts.gov Phone not listed (contact through court directory) Administers confirmed plans in the Eastern Division; payment compliance records available to debtors.

National Consumer Law Center (NCLC) Boston Phone: (617) 542-8010 Website: www.nclc.org National policy and legal advocacy on consumer credit and bankruptcy; resources for practitioners.

Greater Boston Legal Services (GBLS) Boston / Greater Boston Phone: (617) 603-1700 Website: www.gbls.org Free civil legal assistance for income-eligible individuals navigating housing and bankruptcy-related issues.

Massachusetts Legal Assistance Corporation (MLAC) Statewide Website: mlac.org/help Connects income-eligible individuals with regional legal aid providers including housing and consumer debt issues.

HUD Housing Counselor Locator Statewide Phone: 1-800-569-4287 Website: answers.hud.gov/housingcounseling Connects individuals with HUD-approved agencies for housing navigation, credit counseling, and financial capability support.

Consumer Financial Protection Bureau (CFPB) Federal Website: www.consumerfinance.gov FCRA rights, credit report disputes, and bankruptcy credit rebuilding guidance.

AnnualCreditReport.com Federal Website: www.annualcreditreport.com Free annual credit reports; essential for verifying accuracy of Chapter 13 entries and monitoring post-discharge credit rebuilding.

Massachusetts EOHLC / CHAMP System Statewide Website: publichousingapplication.ocd.state.ma.us Application portal for state public housing and rental vouchers; no categorical Chapter 13 bar in standard admissions.

Boston Housing Authority (BHA) Boston Phone: (617) 988-4000 Website: www.bostonhousing.org Administers public housing and HCV; financial screening governed by ACOP.

11 U.S.C. §§ 1301–1330 — Chapter 13 Bankruptcy Code uscode.house.gov

U.S. Bankruptcy Court, District of Massachusetts www.mab.uscourts.gov

15 U.S.C. § 1681c — FCRA Chapter 13 Reporting Period www.ftc.gov/legal-library/browse/statutes/fair-credit-reporting-act

Chase Bank — How Long Does Bankruptcy Stay on Credit Report www.chase.com/personal/credit-cards/education/build-credit/bankruptcy-on-credit-report

Foreclosures in Mass — Chapter 7 vs. Chapter 13 in Massachusetts www.foreclosuresinmass.com/legal-blog/2025/november/chapter-7-vs-chapter-13-in-massachus etts/

Feinman Law — Bankruptcy and Renting www.feinmanlaw.com/blog/2024/09/what-happens-if-you-file-for-bankruptcy-while-renting-a-hom e/

Massachusetts General Laws c. 186, § 15B (Security Deposit) malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter186/Section15b

AnnualCreditReport.com www.annualcreditreport.com

This is informational only and not legal advice.

This is informational only and not legal advice.

Low credit in a rental application context refers broadly to a low credit score, negative credit report items (collections, charge-offs, civil judgments, late payments), or the absence of any credit history. Massachusetts landlords conducting credit checks through consumer reporting agencies receive a credit report and sometimes a credit score, which they may use to evaluate an applicant’s financial reliability.

Massachusetts law does not regulate how landlords use credit information in rental decisions the way it regulates criminal record use. There is no state law equivalent to “ban the box” for credit screening. However, landlords using consumer reports in rental decisions must comply with the FCRA’s adverse action notice requirements: if a landlord denies or takes an adverse action based on information in a credit report, the applicant must be notified, provided the name

of the reporting agency, and informed of their right to a free copy of the report and the right to dispute inaccurate information.

Massachusetts law caps security deposits at one month’s rent under G.L. c. 186, § 15B. Landlords who are willing to take a credit-challenged applicant cannot legally require more than one month’s rent as an additional security deposit, regardless of the credit risk they perceive.

For subsidized housing programs — including state public housing and Housing Choice Voucher programs — credit scores are generally not used as a primary admissions screening tool. PHAs focus on income eligibility, prior rental history, and criminal record screening rather than credit scores. This makes the subsidized housing pathway particularly valuable for individuals with low credit.

This is informational only and not legal advice.

Tenant credit screening in Massachusetts operates through national consumer reporting agencies — Equifax, Experian, TransUnion — and through specialized tenant screening companies that may pull credit data and compile it alongside eviction history and criminal background information into a single screening report. Landlords must obtain written consent from applicants before accessing their consumer reports under the FCRA.

A credit report in the rental context typically includes payment history on all current and prior accounts, balances owed, length of credit history, any accounts in collections, civil judgments (though as of April 2018, most major CRAs stopped reporting civil judgments and tax liens due to accuracy concerns under the National Consumer Assistance Plan), bankruptcies, and information about the overall composition of credit accounts. A credit score is a numerical summary of this information, with most scoring models ranging from 300 to 850.

Common causes of low credit in the rental-applicant population include unpaid medical debt, old credit card accounts in collections, utility arrears that were sent to collections, civil judgments from prior evictions, student loan defaults, and thin or absent credit history (common among young adults, immigrants, and individuals who rely primarily on cash transactions).

Massachusetts Legal Framework for Credit in Housing

Massachusetts does not have a specific law restricting landlords’ use of credit information in housing decisions in the way that it restricts the use of criminal records. However, credit screening must be conducted in compliance with the FCRA. Key protections include the right to receive a free credit report annually at AnnualCreditReport.com; the right to dispute inaccurate, incomplete, or outdated information with the reporting agency; the right to receive an adverse

action notice if a landlord takes adverse action based on a credit report; and the right to receive a free copy of the report used in the adverse action.

The Fair Housing Act and G.L. c. 151B prohibit credit screening policies that have a discriminatory disparate impact on protected classes. Because certain minority groups and communities of color have been disproportionately impacted by predatory lending, medical debt, and systemic economic barriers, blanket income-to-rent ratios and credit score minimums that effectively exclude these groups may raise fair housing concerns. While this is an evolving legal area in Massachusetts, members who believe a credit-based denial reflects discriminatory practice should consult with MCAD or a fair housing organization.

Impact of Medical Debt

Medical debt is one of the largest contributors to low credit scores in Massachusetts. Historically, unpaid medical bills were routinely reported to credit bureaus and appeared as collection accounts on credit reports. Beginning in 2022, the major credit bureaus (Equifax, Experian, TransUnion) removed paid medical collection accounts from credit reports and eliminated the reporting of medical debt under $500. In 2023, the CFPB began rulemaking to further restrict medical debt reporting. As of mid-2026, the regulatory landscape for medical debt in credit reporting continues to evolve, and members with medical debt collections on their credit report should check the current status of reporting rules and dispute any entries that are no longer permissible.

Members with low credit applying for private rental housing in Massachusetts should take the following steps before submitting applications.

First, pull credit reports from all three bureaus at AnnualCreditReport.com and identify any errors or outdated entries. Dispute any inaccuracies with the reporting agency under the FCRA — the CRA has 30 days to investigate and correct or delete inaccurate entries.

Second, prepare documentation of current income that demonstrates the ability to pay rent consistently. Landlords who are concerned about credit often find more reassurance in verified income (pay stubs, offer letters, benefit statements) than in a credit score alone. A clear showing that current income is sufficient to cover rent and other obligations can overcome credit hesitation.

Third, gather rental reference letters from prior landlords or program administrators who can vouch for on-time payment. Positive rental history is one of the most persuasive counterweights to a low credit score.

Fourth, prepare a brief written explanation for any major negative items on the credit report — particularly bankruptcies, large collections, or civil judgments — that frames the context (job loss, medical crisis, COVID-related hardship) and explains the steps taken since then.

Fifth, be aware that Massachusetts law caps security deposits at one month’s rent. A landlord who offers to rent to a credit-challenged applicant in exchange for a larger deposit cannot legally collect more than one month’s rent as security deposit under G.L. c. 186, § 15B.

Subsidized Housing as an Alternative Path

For members with low credit who are income-eligible, the Massachusetts state public housing system and the Housing Choice Voucher program do not use credit scores as primary screening criteria. Applying through the CHAMP system (publichousingapplication.ocd.state.ma.us) places the member on waiting lists for state-aided housing programs that evaluate eligibility based on income, household size, and in some cases, limited background screening — not credit scores. While waiting lists are long, this pathway represents a genuinely accessible housing option for credit-challenged applicants.

This is informational only and not legal advice.

The FCRA, 15 U.S.C. §§ 1681–1681x, governs the use of consumer reports — including credit reports — in rental housing decisions. Key provisions include: 15 U.S.C. § 1681b (permissible purpose: landlords may obtain a consumer report with the applicant’s written consent for the purpose of evaluating the tenancy); § 1681c (reporting periods: most negative items removed after seven years; bankruptcies: Chapter 7 ten years, Chapter 13 seven years); § 1681e(b) (CRA accuracy obligation: reasonable procedures to assure maximum possible accuracy); § 1681i (dispute rights: applicants may dispute inaccurate entries and CRA must investigate within 30 days); § 1681m (adverse action notice: landlord must notify applicant if adverse action taken based on credit report, identify the CRA, and advise of right to free report and dispute right).

Massachusetts-Specific Credit Reporting Considerations

Massachusetts does not have a state-specific consumer credit reporting act that imposes stricter limits than the federal FCRA on what credit items may be reported or for how long. However, the state does maintain its own consumer protection law, G.L. c. 93A (the Massachusetts Consumer Protection Act), which applies to unfair or deceptive trade practices in the conduct of any trade or commerce, including consumer credit transactions. A credit reporting agency or landlord that uses a consumer report in a way that constitutes an unfair or deceptive act or practice in Massachusetts may face liability under G.L. c. 93A, § 9.

Under the Fair Housing Act, 42 U.S.C. § 3604, and G.L. c. 151B, housing providers may not maintain policies or practices that, even if facially neutral, have a discriminatory disparate impact on members of protected classes without a sufficient justification. Credit scoring systems and minimum credit score requirements have been identified as potential sources of disparate impact discrimination because of systemic economic inequities that have led to lower average credit scores among Black, Latino, and other minority households.

The U.S. Supreme Court confirmed disparate impact liability under the Fair Housing Act in Texas Dept. of Housing and Community Affairs v. Inclusive Communities Project, Inc., 576 U.S. 519 (2015). HUD’s implementing regulations for disparate impact claims are at 24 C.F.R. Part 100, Subpart G. MCAD may investigate and adjudicate housing discrimination complaints under G.L. c. 151B that raise credit screening disparate impact theories.

Tenant Screening Report Disputes — Practitioner Notes

For practitioners advising clients whose rental applications have been adversely affected by credit report errors, the FCRA dispute process under § 1681i provides a 30-day investigation period for disputed entries. The CRA must investigate, verify the accuracy of the disputed information with the original source, and either correct, delete, or verify the entry. If the dispute is resolved in the consumer’s favor, the corrected entry must be provided to any housing provider who received the consumer report within the prior two years. A consumer who suffers actual damages due to a CRA’s failure to maintain reasonable accuracy procedures may bring a civil action under § 1681o; willful noncompliance may result in statutory damages of $100–$1,000 plus punitive damages under § 1681n.

This is informational only and not legal advice.

Fair Credit Reporting Act: 15 U.S.C. §§ 1681–1681x, enforced by FTC and CFPB. Adverse action notice: 15 U.S.C. § 1681m. Dispute rights: 15 U.S.C. § 1681i. CRA accuracy: 15 U.S.C. § 1681e(b). Massachusetts Consumer Protection Act: G.L. c. 93A. Security deposit cap: G.L. c. 186, § 15B (one month’s rent maximum). Fair Housing Act disparate impact liability: 42 U.S.C. § 3604; 24 C.F.R. Part 100, Subpart G; Texas Dept. of Housing v. Inclusive Communities Project, 576 U.S. 519 (2015). G.L. c. 151B (Massachusetts anti-discrimination in housing). MCAD enforcement of G.L. c. 151B. HUD public housing credit screening: 24 C.F.R. § 960.203 and PHA ACOPs. CHAMP: publichousingapplication.ocd.state.ma.us.

Low credit scores or negative credit report items will appear in standard tenant screening credit reports accessed by landlords with written applicant consent. Most large property management companies and corporate landlords in Massachusetts apply minimum credit score thresholds (commonly 600–650 or higher in competitive markets). Smaller, independent landlords may have more flexible practices. A credit report showing medical collections, old charge-offs, or a prior bankruptcy will reduce score and increase the likelihood of an adverse decision from score-based screening systems.

Subsidized housing programs are significantly more accessible for low-credit applicants because most Massachusetts PHAs and state Housing Authorities do not use credit scores as a primary admissions criterion. Income-eligible applicants with low credit who apply through the CHAMP system or directly to HCV waiting lists may qualify for housing that is not available to them in the private market.

The most actionable credit improvement strategies in the one-to-two-year window before a major housing application are: disputing inaccurate entries, paying off small collections where possible, establishing new positive trade lines (secured credit card, credit-builder loan), and ensuring all current obligations are paid on time.

National Consumer Law Center (NCLC) Boston Phone: (617) 542-8010 Website: www.nclc.org National advocacy and technical resource organization on consumer credit, FCRA, and housing finance; publishes practitioner guides widely used by legal aid attorneys.

Consumer Financial Protection Bureau (CFPB) Federal Website: www.consumerfinance.gov Free educational resources on credit scores, FCRA rights, credit report disputes, and rebuilding credit. Complaint submission portal for FCRA violations.

Massachusetts Attorney General — Consumer Protection Division Boston Phone: (617) 727-8400 Website: www.mass.gov/orgs/office-of-attorney-general Enforces G.L. c. 93A; accepts complaints about unfair or deceptive credit-related practices.

Massachusetts Commission Against Discrimination (MCAD) Statewide Boston: (617) 994-6000 Website: www.mass.gov/orgs/massachusetts-commission-against-discrimination Investigates fair housing complaints including those based on credit screening disparate impact on protected classes.

Massachusetts Fair Housing Center Springfield / Western Massachusetts Phone: (413) 539-9796 Website: www.massfairhousing.org Provides fair housing testing, complaint intake, education, and advocacy; covers western Massachusetts service area.

HUD Housing Counselor Locator Statewide Phone: 1-800-569-4287 Website: answers.hud.gov/housingcounseling HUD-approved housing counselors provide credit counseling, budget assistance, and rental navigation support.

Massachusetts EOHLC / CHAMP System Statewide Website: publichousingapplication.ocd.state.ma.us Application portal for state public housing and rental vouchers; credit scores are not the primary admissions screening criterion.

Boston Housing Authority (BHA) Boston Phone: (617) 988-4000 Website: www.bostonhousing.org Administers public housing and HCV in Boston; credit score not a primary admissions disqualifier.

AnnualCreditReport.com Federal Website: www.annualcreditreport.com Free annual credit reports from all three major bureaus; essential starting point for identifying and disputing inaccurate entries.

Fair Credit Reporting Act, 15 U.S.C. §§ 1681–1681x www.ftc.gov/legal-library/browse/statutes/fair-credit-reporting-act

Massachusetts General Laws c. 93A (Consumer Protection) malegislature.gov/Laws/GeneralLaws/PartI/TitleXV/Chapter93A

Massachusetts General Laws c. 186, § 15B (Security Deposit) malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter186/Section15b

Texas Dept. of Housing v. Inclusive Communities Project, Inc., 576 U.S. 519 (2015) www.supremecourt.gov

24 C.F.R. Part 100, Subpart G — HUD Disparate Impact Rule www.ecfr.gov

HUD — Tenant Screening Guidance (NCLC article) library.nclc.org/article/new-guidance-suggests-remedies-tenant-screening-practices

MassLegalHelp — Tenant Screening Reports www.masslegalhelp.org/housing-apartments-shelter/tenants-rights/tenant-screening-reports

AnnualCreditReport.com www.annualcreditreport.com

This is informational only and not legal advice.

This is informational only and not legal advice.

Low income creates a direct housing access barrier in Massachusetts, which has one of the highest median rents in the United States. Most private landlords require applicants to demonstrate gross monthly income of two to three times the monthly rent, often expressed as a 3:1 income-to-rent ratio. For someone earning minimum wage (Massachusetts minimum wage is $15.00/hour as of 2024, with continued increases under state law), qualifying for market-rate apartments in Boston, Cambridge, or other high-cost areas is extremely difficult without supplemental assistance.

Massachusetts operates multiple rental assistance programs. The Massachusetts Rental Voucher Program (MRVP) provides mobile and project-based rental vouchers funded by the state. The federal Housing Choice Voucher program (Section 8), administered by local Housing Authorities and the EOHLC, provides housing subsidies based on area median income and family size. State-aided public housing, accessible through the CHAMP system, provides below-market rent housing for income-eligible households.

Source of income discrimination is a significant issue in Massachusetts. Landlords who refuse to accept Section 8 vouchers, MRVP vouchers, or other housing subsidies based solely on the source of income may be engaging in unlawful discrimination under source of income protections that exist in some Massachusetts municipalities and under G.L. c. 151B for MRVP specifically. Members should understand the source of income protections that apply in their municipality.

This is informational only and not legal advice.

Massachusetts consistently ranks among the most expensive rental markets in the United States. Boston is one of the top ten most expensive rental cities nationally. The gap between median market rents and median household income for low-income residents is substantial. A household at 30% of Area Median Income (AMI) in the Boston Metro area has virtually no path to market-rate housing without rental assistance.

The standard private landlord income-to-rent qualification threshold — typically two to three times monthly rent in gross income — effectively excludes large portions of the Massachusetts low-income population from private market housing. For context, qualifying for a $2,000/month apartment at a 3:1 ratio requires $6,000/month ($72,000/year) in gross household income, which exceeds what many essential workers, part-time workers, seniors on fixed incomes, and individuals with disabilities can demonstrate.

Massachusetts Rental Assistance Programs

Massachusetts offers multiple rental assistance programs that can bridge the income gap for eligible residents.

The Massachusetts Rental Voucher Program (MRVP) is a state-funded portable voucher program administered by EOHLC and local Housing Authorities. MRVP participants typically pay 40% of their adjusted income toward rent, with the voucher covering the balance up to applicable payment standards. MRVP is separate from federal Section 8 and can be used at qualifying private-market units.

The Housing Choice Voucher program (Section 8), the federal program administered by local PHAs in Massachusetts, covers the gap between a tenant’s contribution (typically 30% of adjusted income) and a payment standard set by the PHA. EOHLC’s statewide Section 8 waiting list was closed to new applicants as of January 13, 2025. Local Housing Authority HCV waiting lists may be open; members should check individual PHA websites.

State-aided public housing is available through the CHAMP system for income-eligible households. Units include family housing, elderly/disabled housing, and other categories. Rent in state-aided public housing is set at 30% of adjusted household income.

Emergency rental assistance programs funded by the state and federal governments have provided additional short-term relief to tenants at risk of eviction due to income loss. Members should contact EOHLC or a local community action agency for current program availability.

Source of Income Protections in Massachusetts

Source of income discrimination occurs when a landlord refuses to rent to or discriminates against a prospective tenant because the tenant uses a housing subsidy voucher, such as Section 8 or MRVP, rather than income from employment. This form of discrimination effectively walls off many neighborhoods from voucher holders and concentrates voucher holders in lower-quality housing markets.

Massachusetts General Laws chapter 151B protects against housing discrimination based on multiple grounds. Municipalities across Massachusetts have enacted local source of income protections that prohibit landlords from refusing to accept qualified housing vouchers. Boston, Cambridge, Somerville, and several other municipalities have enacted these protections. Members holding housing vouchers who are refused by a landlord solely because of the voucher should contact MCAD or a local fair housing organization to assess whether a source of income discrimination claim exists in their jurisdiction.

Massachusetts’s network of Community Action Agencies (CAAs), coordinated through the Massachusetts Community Action Partnership (MASSCAP), plays a critical role in housing assistance for low-income residents. CAAs provide energy assistance (LIHEAP/Fuel Assistance), housing counseling, emergency rental assistance coordination, and connections to food, childcare, and other stabilizing services. Members facing low-income housing barriers should connect with their regional CAA.

Income Documentation Strategy

For low-income applicants applying to private rental housing, documentation of all income sources is essential. This includes wages (pay stubs, offer letters), Social Security or SSI benefits (award letters), disability benefits, child support (court order and payment history),

SNAP or other benefits where applicable, and any savings or assets. Many landlords will evaluate the totality of income sources; an applicant whose single-source employment income does not meet the standard income-to-rent ratio may still qualify by combining multiple income streams.

This is informational only and not legal advice.

Low income itself is not a protected class under the federal Fair Housing Act, 42 U.S.C. § 3604, or under G.L. c. 151B at the statewide level. However, several protected characteristics frequently correlate with low income — race, national origin, disability, familial status, sex — and income screening policies with disparate impact on these groups may violate fair housing laws. Additionally, source of income protections in certain Massachusetts municipalities create a distinct legal right for voucher holders.

G.L. c. 151B, § 4 prohibits housing discrimination based on multiple protected characteristics at the state level. Several Massachusetts municipalities, including Boston and Cambridge, have enacted local ordinances adding “source of income” as a protected characteristic in housing, meaning landlords in those municipalities cannot decline to accept a Section 8 or MRVP voucher solely because it is a housing subsidy. Members with vouchers who are denied in these municipalities should document the denial and contact MCAD or a local fair housing organization.

MRVP — Massachusetts Rental Voucher Program

MRVP is the principal state-funded rental voucher program in Massachusetts, funded through the Commonwealth’s budget and administered by EOHLC and participating Housing Authorities. Mobile MRVP vouchers allow participants to search for private market units within the state’s payment standards, while project-based MRVP vouchers are tied to specific units. MRVP participants pay approximately 40% of adjusted gross income toward rent.

MRVP eligibility is based on household income at or below 200% of the federal poverty level or at or below 80% of the area median income (AMI), whichever is lower. Applicants with eviction or criminal history face screening under MRVP program rules. Members should apply through their local Housing Authority and verify current MRVP waiting list status.

LIHTC Housing in Massachusetts

Low-Income Housing Tax Credit (LIHTC) properties, developed under Internal Revenue Code § 42, provide a significant supply of below-market rental housing in Massachusetts for households at 30%, 40%, 50%, and 60% of AMI. Tenants in LIHTC properties are income-qualified at

admission and pay rents set below HUD-determined fair market rents. LIHTC properties are developed and managed by private entities that receive federal tax credits from EOHLC, which administers the LIHTC program in Massachusetts. Mixed-income LIHTC developments have tenant selection policies that include criminal background screening, and the Boston Bar Journal has published detailed guidance on the individualized assessment standards applicable in that context.

The Massachusetts rental assistance infrastructure expanded dramatically during the COVID-19 pandemic through the federal Emergency Rental Assistance Program (ERAP). While the large-scale federal ERAP funding has largely been depleted, EOHLC continues to operate the Commonwealth’s Residential Assistance for Families in Transition (RAFT) program, which provides emergency rental assistance to households facing housing instability. RAFT can provide payments to landlords on behalf of eligible tenants and may fund utility arrears. Applications are processed through regional Administering Agencies. Members facing imminent eviction for nonpayment or inability to pay should inquire about RAFT availability.

This is informational only and not legal advice.

Fair Housing Act: 42 U.S.C. § 3604. G.L. c. 151B (Massachusetts anti-discrimination in housing; specific municipal source of income protections). MRVP: G.L. c. 121B, § 42 and EOHLC regulations. Housing Choice Voucher: 42 U.S.C. § 1437f; 24 C.F.R. Part 982. LIHTC: Internal Revenue Code § 42, administered by EOHLC in Massachusetts. State public housing: G.L. c. 121B; CHAMP system. RAFT emergency rental assistance: EOHLC program regulations. LIHEAP/Fuel Assistance: federal Low Income Home Energy Assistance Program, administered by state CAAs. Massachusetts minimum wage law: G.L. c. 151, § 1 (currently $15/hour; subject to ongoing legislative increases). Fair housing disparate impact: 24 C.F.R. Part 100, Subpart G; Texas Dept. of Housing v. Inclusive Communities Project, 576 U.S. 519 (2015).

Low income creates a direct eligibility barrier in private rental housing through income-to-rent ratio requirements. The standard 3:1 income-to-rent ratio used by many Massachusetts landlords effectively excludes individuals and families with incomes below roughly 80% AMI from large portions of the Boston Metro market and many other communities. Source of income discrimination — refusal to accept vouchers — compounds this barrier in municipalities without source of income protections.

For subsidized housing programs, income is the qualifying criterion rather than the barrier. Income-eligible applicants can access state public housing, MRVP, and HCV programs at rent levels set at 30–40% of adjusted income, making these programs the most realistic housing pathway for very low-income individuals in Massachusetts. The primary challenge is waiting list availability — many Massachusetts PHA waiting lists are closed or have multi-year waits.

Housing Assistance Programs

Massachusetts Executive Office of Housing and Livable Communities (EOHLC) Statewide Phone: (617) 573-1100 Website: www.mass.gov/orgs/executive-office-of-housing-and-livable-communities Administers MRVP, LIHTC, RAFT, and other state housing assistance programs; central portal for Massachusetts housing programs.

CHAMP — Common Housing Application for Massachusetts Programs Statewide Website: publichousingapplication.ocd.state.ma.us Online application system for state public housing and state-funded rental vouchers; allows simultaneous application to multiple programs.

Massachusetts Rental Voucher Program (MRVP) — Apply Through Local Housing Authority Statewide Website: www.mass.gov/how-to/apply-for-the-massachusetts-rental-voucher-program-mrvp State-funded portable rental voucher; apply through local Housing Authority.

RAFT — Residential Assistance for Families in Transition Statewide Website: www.mass.gov/how-to/apply-for-raft Emergency rental assistance for households facing housing instability; administered through regional Administering Agencies; applications may be submitted online.

MASSCAP — Massachusetts Community Action Partnership Statewide Phone: Phone not listed Website: www.masscap.org Coordinates network of Community Action Agencies providing rental assistance, energy assistance, and housing counseling statewide.

Action for Boston Community Development (ABCD) Boston Phone: (617) 348-6000 Website: www.bostonabcd.org Provides emergency rental assistance, housing counseling, fuel assistance (LIHEAP), and other stabilizing services for low-income Boston residents.

Community Teamwork (CTI) Lowell / Northeast Massachusetts Phone: (978) 459-0551 Website: www.communityteamwork.org Community action agency providing emergency housing assistance and support services for low-income residents of northeastern Massachusetts.

NeighborWorks Housing Solutions (formerly SSAHC) South Shore / Southeast Massachusetts Phone: (781) 422-4200 Website: www.nhs-ne.org HUD-approved housing counseling and rental assistance navigation for low-income residents of southeastern Massachusetts.

Massachusetts Commission Against Discrimination (MCAD) Statewide Boston: (617) 994-6000 Website: www.mass.gov/orgs/massachusetts-commission-against-discrimination Investigates source of income discrimination complaints in municipalities with applicable protections; handles fair housing disparate impact complaints.

Massachusetts Fair Housing Center Springfield / Western Massachusetts Phone: (413) 539-9796 Website: www.massfairhousing.org Fair housing testing and advocacy in western Massachusetts; accepts complaints from voucher holders facing source of income discrimination.

Greater Boston Legal Services (GBLS) Boston / Greater Boston Phone: (617) 603-1700 Website: www.gbls.org Housing legal assistance for income-eligible residents including voucher-related disputes and rental assistance navigation.

HUD Housing Counselor Locator Statewide Phone: 1-800-569-4287 Website: answers.hud.gov/housingcounseling Connects residents with HUD-approved agencies providing financial coaching, rental housing navigation, and subsidy program guidance.

Massachusetts General Laws c. 121B (Public Housing and Urban Renewal) malegislature.gov/Laws/GeneralLaws/PartI/TitleXVII/Chapter121b

Massachusetts EOHLC — Housing Assistance Programs Overview www.mass.gov/info-details/housing-assistance-for-massachusetts-residents

Massachusetts EOHLC — HCVP / Section 8 www.mass.gov/how-to/apply-for-the-section-8-housing-choice-voucher-program-hcvp

EOHLC — MRVP www.mass.gov/how-to/apply-for-the-massachusetts-rental-voucher-program-mrvp

MASSCAP www.masscap.org/programs/housing-programs/

Internal Revenue Code § 42 — LIHTC Program www.irs.gov

42 U.S.C. § 1437f — Housing Choice Voucher uscode.house.gov

24 C.F.R. Part 982 — HCV Program Regulations www.ecfr.gov

Massachusetts General Laws c. 151B (Anti-Discrimination) malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter151b

This is informational only and not legal advice.

This is informational only and not legal advice.

The federal Housing Choice Voucher program — commonly called Section 8 — is administered in Massachusetts by both the EOHLC (statewide program) and local Public Housing Authorities (PHAs). A HCV voucher allows the holder to rent a qualifying private market unit, with the PHA paying the difference between the tenant’s contribution (typically 30% of adjusted income) and the PHA’s payment standard for the unit’s size and location.

In Massachusetts, the EOHLC statewide HCV waiting list was closed to new applicants as of January 13, 2025, due to overwhelming demand. Local PHA waiting lists may be separately open — members should check individual Housing Authority websites. Waiting times for open waiting lists can be multiple years.

A voucher holder who receives a voucher typically has 60–120 days to find a qualifying unit before the voucher expires. Finding a unit is the primary practical challenge: the unit must meet HQS (Housing Quality Standards) inspection requirements, the rent must fall within the PHA’s payment standard, and the landlord must be willing to participate in the program.

Criminal record history can affect voucher eligibility. PHAs screen applicants under their ACOPs for criminal record history, and certain offense categories — including lifetime sex offender registry status and drug-related manufacturing of methamphetamine in federally assisted housing — result in mandatory denial. Other criminal history is subject to individualized review under the PHA’s specific ACOP.

This is informational only and not legal advice.

The Housing Choice Voucher (HCV) program — authorized under Section 8 of the Housing Act of 1937, codified at 42 U.S.C. § 1437f — is the federal government’s primary rental assistance program for low-income households. In Massachusetts, HCV is administered at two levels: the EOHLC administers a statewide “mobile” HCV program, and over forty local Public Housing Authorities administer their own federally funded HCV programs.

A voucher holder pays approximately 30% of their adjusted monthly income toward rent; the PHA pays the remainder up to the applicable payment standard for the unit size and geography. Payment standards in Massachusetts are set based on HUD’s Fair Market Rents (FMRs) and Small Area Fair Market Rents (SAFMRs), which vary by bedroom size and municipality. Massachusetts FMRs in the Boston Metro area are among the highest in the country, reflecting the region’s extremely high rental costs.

To use a voucher, the holder must: (1) locate a willing landlord who accepts the voucher; (2) confirm that the unit falls within the applicable payment standard; (3) have the unit pass a Housing Quality Standards (HQS) inspection conducted by the PHA; and (4) sign a lease with

the landlord, who simultaneously enters into a Housing Assistance Payment (HAP) contract with the PHA.

The Waiting List Situation in Massachusetts

The demand for HCV assistance in Massachusetts dramatically exceeds the available supply of vouchers. The EOHLC statewide HCV waiting list was closed to new applicants on January 13, 2025. Local Housing Authority HCV waiting lists may be open at any given time; openings are typically announced on individual PHA websites and through affordable housing portals such as mass.affordablehousing.com (the Centralized Section 8 Waiting List platform, where participating PHAs post availability).

When waiting lists open, they typically remain open for only a short window due to overwhelming demand. Members currently seeking housing voucher assistance should monitor PHA websites and the Centralized Waiting List platform for openings. Application to multiple local PHA waiting lists simultaneously, when open, is permitted and advisable.

Source of Income Discrimination and the Voucher Acceptance Challenge

Finding a landlord willing to accept a HCV voucher is one of the most significant practical barriers to voucher utilization in Massachusetts. Voucher holders must identify and secure a landlord willing to participate in the program, pass a government inspection, accept the PHA’s payment procedures, and agree to the rent restrictions of the HAP contract. Many landlords in competitive markets decline to participate.

Massachusetts does not currently have a statewide source of income protection law mandating that all private landlords accept housing vouchers. However, the following municipalities have enacted local source of income protections that prohibit landlords from refusing to accept qualified housing vouchers solely based on the source of income: Boston, Cambridge, Somerville, and other municipalities. The scope of these protections varies by ordinance. Members holding HCV vouchers who are refused by a landlord in one of these municipalities solely because they hold a voucher should contact MCAD or a local fair housing organization to evaluate a potential discrimination claim.

Advocacy for statewide source of income protections has been ongoing in Massachusetts, but as of June 2026, no statewide legislation has been enacted requiring all private landlords to accept HCV vouchers.

Criminal record history can affect both initial eligibility for the HCV program and continued eligibility during the tenancy. Upon application, the PHA conducts criminal record screening under its ACOP. The mandatory denial categories established by federal statute (42 U.S.C. § 13663) apply: lifetime sex offender registrants and individuals convicted of drug-related

manufacture or production of methamphetamine on federally assisted housing premises are permanently barred.

Beyond these mandatory bars, PHAs apply their own ACOP criteria for other offense categories. An applicant denied a voucher based on criminal record history has the right to request an informal hearing before the PHA under 24 C.F.R. § 982.554. Practitioners representing clients denied vouchers based on criminal records should review the applicable ACOP, prepare a comprehensive mitigation package, and request the informal hearing within the deadline specified in the denial notice.

HQS Inspections and Unit Quality

All units rented by HCV holders must pass an HQS inspection conducted by the administering PHA before the lease is executed. The inspection verifies that the unit meets HUD’s minimum Housing Quality Standards — covering health, safety, and basic habitability. Units that fail inspection may not be approved for HCV use until the deficiencies are corrected by the landlord. Members should understand that the HQS inspection requirement may eliminate some lower-quality units and may require landlord cooperation in making repairs.

This is informational only and not legal advice.

The HCV program is authorized by the Housing Act of 1937, as amended, at 42 U.S.C. § 1437f. Program regulations are at 24 C.F.R. Part 982. Voucher holder obligations are at 24 C.F.R. § 982.551. Landlord (owner) obligations are at 24 C.F.R. § 982.452. Housing Quality Standards are at 24 C.F.R. § 982.401. PHA admission screening authority is at 24 C.F.R. § 982.552–982.553. Mandatory denial categories: 42 U.S.C. § 13663; 24 C.F.R. § 982.553(a). Informal hearing rights upon denial: 24 C.F.R. § 982.554. HAP contracts are at 24 C.F.R. § 982.451. Payment standards and Fair Market Rents: 24 C.F.R. § 982.503; HUD annual FMR publications.

In Massachusetts, EOHLC administers the statewide HCV program under a HUD Annual Contributions Contract (ACC). Local Housing Authorities administer separate federally funded HCV programs under their own ACCs with HUD. The administrative plan for each PHA governs program-specific procedures within the federal regulatory framework.

PHA Screening Criteria and Informal Hearing Rights

Each PHA’s Administrative Plan specifies: (1) eligibility criteria for HCV assistance beyond federal minimums; (2) criminal record screening standards, including which offenses are disqualifying and the applicable lookback periods; (3) the informal hearing process for denial

appeals; and (4) the process for reviewing requests for reasonable accommodations related to disability. Members denied HCV assistance by a specific PHA must review that PHA’s specific Administrative Plan to assess the grounds for denial and the appeal process.

Under 24 C.F.R. § 982.554, a PHA must provide an informal hearing when it denies assistance to an applicant for reasons other than a voluntary withdrawal. The applicant must request the hearing within the deadline specified in the denial notice. The informal hearing is conducted before an impartial hearing officer. The applicant may present evidence, bring an advocate or attorney, and challenge the factual basis for the denial. If the informal hearing is unsuccessful and the applicant believes the denial was arbitrary, contrary to the administrative plan, or violated fair housing laws, further review may be sought through HUD’s Office of Fair Housing and Equal Opportunity (FHEO) or through the courts.

Reasonable Accommodations and HCV

Under Section 504 of the Rehabilitation Act, 29 U.S.C. § 794, and the Fair Housing Act, 42 U.S.C. § 3604(f), PHAs and private landlords are required to provide reasonable accommodations for applicants and tenants with disabilities. In the HCV context, reasonable accommodations may include extensions of the voucher search period (beyond the standard 60–120 days) for a person with a disability who is having difficulty locating a qualifying unit. PHAs must grant reasonable accommodation requests that are related to a disability unless doing so would constitute an undue financial or administrative burden or require a fundamental alteration of the program.

Members who are having difficulty finding a qualifying unit within the standard search period and who have a disability affecting their housing search should submit a formal reasonable accommodation request to the administering PHA, documented with a letter from a treating healthcare provider.

Small Area Fair Market Rents

HUD has implemented Small Area Fair Market Rents (SAFMRs) in certain metropolitan areas — including the Boston Metro area — that set payment standards based on zip code-level FMRs rather than a single metro-wide FMR. SAFMRs are intended to make vouchers more usable in higher-cost neighborhoods, reducing the concentration of voucher holders in lower-cost, higher-poverty areas. In practice, SAFMRs in the Boston Metro area mean that a voucher holder may have a higher payment standard when searching in certain zip codes, expanding the range of accessible units. Members should ask their administering PHA about payment standards by zip code when searching for a qualifying unit.

This is informational only and not legal advice.

HCV statutory authority: 42 U.S.C. § 1437f (Housing Act of 1937, as amended). HCV regulations: 24 C.F.R. Part 982. Mandatory denial categories: 42 U.S.C. § 13663; 24 C.F.R. § 982.553(a). Informal hearing rights: 24 C.F.R. § 982.554. HQS: 24 C.F.R. § 982.401. SAFMRs: HUD annual publications. Reasonable accommodation: Section 504, 29 U.S.C. § 794; FHA, 42 U.S.C. § 3604(f). Source of income discrimination: G.L. c. 151B (state); local municipal ordinances (Boston, Cambridge, Somerville, others). EOHLC statewide HCV waiting list: closed January 13, 2025. Centralized Section 8 Waiting List: mass.affordablehousing.com. CHAMP (state public housing and MRVP): publichousingapplication.ocd.state.ma.us.

HCV holders who have been issued a voucher face the unit search challenge: finding a landlord willing to participate in the program within the search period. This challenge is most acute in high-cost, competitive markets (Greater Boston, Cambridge, Somerville) where landlords have many applicants and may decline program participation to avoid HQS inspection requirements, payment standard limitations, or administrative complexity.

Criminal record history creates a secondary screening layer for HCV applicants. PHAs screen for mandatory denial categories and ACOP-specific offense categories. Individuals with recent serious convictions may be denied voucher assistance and must appeal through the informal hearing process.

For voucher holders already housed, lease compliance is critical. The PHA may terminate HCV assistance for serious or repeated violations of the lease, failure to comply with the family obligations under 24 C.F.R. § 982.551, or criminal activity that violates the HAP contract. Termination of assistance triggers informal hearing rights under 24 C.F.R. § 982.555.

Massachusetts EOHLC — Section 8 HCVP (Statewide) Statewide (waiting list closed January 13, 2025) Website: www.mass.gov/how-to/apply-for-the-section-8-housing-choice-voucher-program-hcvp Administers statewide HCV program; payment standards published at mass.gov.

Centralized Section 8 Waiting List — Affordable Housing Statewide Website: mass.affordablehousing.com Lists participating PHA waiting list openings; allows application to multiple programs.

Boston Housing Authority (BHA) — Section 8 / HCV Boston Phone: (617) 988-4000 Website: www.bostonhousing.org Administers HCV program in Boston; ACOP and payment standards available on website.

Cambridge Housing Authority (CHA) Cambridge Phone: (617) 864-3020 Website: www.cambridge-housing.org Administers HCV in Cambridge; source of income protections apply to voucher holders.

Lowell Housing Authority — HCVP Lowell Phone: (978) 459-8490 Website: www.lhma.org/181/Housing-Choice-Voucher-Program-HCVP Administers HCV program in Lowell, including homeownership voucher option.

RCAP Solutions — HCVP Information for Tenants Central and Western Massachusetts Phone: Phone not listed Website: www.rcapsolutions.org/hcvp-tenants/Administers HCV program in portions of central and western Massachusetts; provides tenant-facing program guidance.

Greater Boston Legal Services (GBLS) Boston / Greater Boston Phone: (617) 603-1700 Website: www.gbls.org Represents income-eligible clients in HCV denial appeals, terminations, and fair housing complaints related to source of income discrimination.

Community Legal Aid Worcester / Central and Western Massachusetts Phone: (508) 752-3718 Website: www.communitylegal.org Legal assistance for HCV-related housing matters in central and western Massachusetts.

Massachusetts Commission Against Discrimination (MCAD) Statewide Boston: (617) 994-6000 Website: www.mass.gov/orgs/massachusetts-commission-against-discrimination Accepts complaints of source of income discrimination in municipalities with applicable protections.

Massachusetts Fair Housing Center Springfield / Western Massachusetts Phone: (413) 539-9796 Website: www.massfairhousing.org Fair housing advocacy and complaint intake for voucher holders in western Massachusetts.

HUD Housing Counselor Locator Statewide Phone: 1-800-569-4287 Website: answers.hud.gov/housingcounseling Connects voucher holders with HUD-approved counselors experienced in HCV unit search navigation.

42 U.S.C. § 1437f — Housing Choice Voucher Program uscode.house.gov

24 C.F.R. Part 982 — HCV Regulations www.ecfr.gov

42 U.S.C. § 13663 — Mandatory Denial of Admission uscode.house.gov

EOHLC — Section 8 HCVP (Massachusetts) www.mass.gov/how-to/apply-for-the-section-8-housing-choice-voucher-program-hcvp

RCAP Solutions — HCVP Information for Tenants (EOHLC waiting list closure notice) www.rcapsolutions.org/hcvp-tenants/

Massachusetts General Laws c. 151B (Source of Income Discrimination) malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter151b

HUD — Housing Quality Standards www.hud.gov

HUD — Small Area Fair Market Rents www.huduser.gov/portal/datasets/fmr/smallarea/index.html

Boston Bar Journal — Criminal History Screening in Mixed Income Developments bostonbar.org/journal/criminal-history-screening-in-mixed-income-developments-getting-a-fair-c hance/

This is informational only and not legal advice.

at the VA Boston Healthcare System at (857) 364-4444 or by emailing vhabhsrenttoavet@va.gov. The National Call Center for Homeless Veterans is also available 24 hours a day at 1-877-4AID-VET (1-877-424-3838). In addition, Massachusetts operates the Soldier On and Caritas Communities programs that provide transitional housing specifically for veterans. The VA and these community programs can help you access housing, case management, healthcare, and benefits simultaneously.

This is informational only and not legal advice.

The HUD-VASH program is the federal government’s primary housing intervention for homeless veterans. It combines Housing Choice Vouchers administered by local PHAs with case management services provided by VA medical centers. In Massachusetts, HUD-VASH is administered through partnerships between the VA Boston Healthcare System, the VA Central Western Massachusetts Healthcare System, and multiple local Housing Authorities including the Boston Housing Authority. Veterans receive both a housing voucher and wraparound VA case management — including mental health, substance use, and healthcare services — to help them achieve and maintain housing stability.

Eligibility for HUD-VASH requires that the veteran be experiencing homelessness or be at imminent risk of homelessness, be eligible for VA healthcare services, and have sufficient income to pay the tenant contribution (typically 30% of adjusted income). Veterans with qualifying criminal records face the same federal mandatory denial categories as regular HCV holders under 24 C.F.R. § 982.553, but HUD has issued policy guidance (2012) expanding HUD-VASH flexibility to more broadly serve veterans.

Beyond HUD-VASH, Massachusetts has a network of veteran-specific housing programs including the Supportive Services for Veteran Families (SSVF) program (funded by VA, operated by community organizations), Soldier On (a veteran-specific residential treatment and transitional housing program in Pittsfield and Northampton), and Caritas Communities (veteran transitional housing in eastern Massachusetts). The Massachusetts Department of Veterans’ Services also administers state-level veteran benefit programs.

This is informational only and not legal advice.

The HUD-Veterans Affairs Supportive Housing program was created by Congress in 1992 and substantially expanded under the HEARTH Act (2009) and subsequent appropriations. HUD-VASH combines two federal systems: the Housing Choice Voucher program (administered by HUD through local PHAs) and VA healthcare and case management services (administered

by VA Medical Centers). The combination of a housing voucher and intensive case management reflects the Housing First model, which prioritizes getting veterans into stable housing quickly and addressing healthcare and support needs from the foundation of housing stability.

In Massachusetts, HUD-VASH operates through a partnership between the VA Boston Healthcare System (serving Greater Boston and eastern Massachusetts), the VA Central Western Massachusetts Healthcare System (serving western Massachusetts), and multiple PHAs across the state. The VA identifies eligible veterans through its homeless program outreach efforts, and the VA case manager plays an active role in helping the veteran find a qualifying unit, navigate the voucher process, and maintain the tenancy once housed.

Who Qualifies for HUD-VASH in Massachusetts

To qualify for HUD-VASH, a veteran must meet the following criteria: (1) be a veteran — meaning a person who served in the active military, naval, or air service and was discharged or released under conditions other than dishonorable; (2) be currently experiencing homelessness (living on the street, in an emergency shelter, or in a place not meant for habitation) or be at imminent risk of homelessness; (3) be eligible to receive VA healthcare services; and (4) need the intensive case management services that HUD-VASH provides.

Veterans who have an other-than-honorable (OTH) discharge may face eligibility complications for VA healthcare that affect HUD-VASH access. HUD has issued guidance expanding HUD-VASH eligibility, and the VA has separate programs that may address OTH discharge situations. Veterans with OTH discharges should contact the VA to assess their healthcare eligibility and any pathway to HUD-VASH or alternative programs.

Income eligibility for the HCV component of HUD-VASH follows standard HCV rules: household income at or below 50% of the area median income (AMI), with veterans at up to 80% AMI eligible for the initial income determination under recent HUD policy guidance expanding access.

VA Housing and Support Services in Massachusetts

The VA Boston Healthcare System serves veterans in eastern Massachusetts and is the primary point of contact for HUD-VASH in the Boston Metro area. The VA Boston HUD-VASH program contact is (857) 364-4444 or vhabhsrenttoavet@va.gov. The VA also operates the SSVF program, which provides short-term financial assistance and housing navigation support to homeless and at-risk veterans through community-based organizations. SSVF grantees in Massachusetts include Soldier On, Veterans Inc., Heading Home, and others.

Veterans experiencing housing instability who do not yet qualify for HUD-VASH may access SSVF through these community organizations for help with rental arrears, security deposit assistance, utility payments, and housing navigation.

Soldier On (headquartered in Pittsfield with additional programs in Leeds/Northampton) provides residential transitional housing, supported employment, and recovery services specifically for homeless veterans in western Massachusetts. Caritas Communities operates affordable housing with supportive services for veterans in eastern Massachusetts. Veterans Inc. (headquartered in Worcester) provides comprehensive transitional housing and employment services for veterans across central Massachusetts.

These programs offer an important bridge for veterans who are not yet voucher-eligible or who need a more structured residential environment than a standalone HCV voucher provides.

Veterans and Criminal Record Barriers

Veterans who have criminal records face the same HCV criminal screening rules as any other applicant — including mandatory denial categories under 42 U.S.C. § 13663. However, HUD-VASH participating PHAs are encouraged by HUD to apply individualized assessment in evaluating veterans’ criminal backgrounds, and VA case management can provide significant support documentation (treatment history, psychiatric evaluations, service connection information) that strengthens a veteran’s case for admission despite prior criminal history.

Veterans whose criminal records arose from trauma, combat-related PTSD, traumatic brain injury (TBI), or military sexual trauma (MST) — all of which are recognized service-connected conditions — may be able to present these connections as mitigating factors in the individualized assessment. A VA clinician’s letter or service-connection determination documenting the relationship between the veteran’s criminal conduct and service-connected conditions can be powerful in challenging a housing denial.

Massachusetts Department of Veterans’ Services

The Massachusetts Department of Veterans’ Services (DVS) administers the state’s veteran benefit programs and operates a network of Veteran Service Officers (VSOs) in cities and towns across Massachusetts. VSOs provide benefits counseling and referrals to housing and social services for veterans. The DVS operates the Veterans Transitional Housing Program and coordinates with EOHLC and local Housing Authorities to facilitate veteran housing access. Members who are veterans should contact their local VSO as one of the first steps in navigating the housing system.

This is informational only and not legal advice.

HUD-VASH is authorized by 42 U.S.C. § 1437f(o)(19) (Housing Act of 1937, as amended by the HEARTH Act of 2009 and subsequent appropriations acts). Program regulations are at 24 C.F.R. Part 982 (HCV regulations generally applicable to HUD-VASH), with HUD-VASH-specific guidance in HUD PIH Notice 2011-53 and subsequent notices. VA healthcare eligibility for HUD-VASH: 38 U.S.C. §§ 1710, 1720G. SSVF program: 38 U.S.C. § 2044. VA homeless programs generally: 38 U.S.C. Chapter 20. Mandatory HCV denial categories applicable to HUD-VASH: 42 U.S.C. § 13663; 24 C.F.R. § 982.553.

HUD-VASH Eligibility — Income Changes

HUD issued guidance in 2022–2024 expanding income eligibility for HUD-VASH. Previously, veterans had to meet the standard 50% AMI income ceiling for HCV eligibility. Revised HUD guidance requires PHAs participating in HUD-VASH to set the initial income eligibility for veterans at 80% of AMI — a significant expansion that allows more veterans with some income to qualify for the voucher component. Practitioners and case managers should verify current HUD guidance from HUD Exchange (www.hudexchange.info/programs/hud-vash/) for the current eligibility framework.

Veterans applying for HUD-VASH are subject to the criminal screening requirements of the administering PHA’s ACOP, subject to the federal mandatory denial categories. HUD has encouraged PHAs participating in HUD-VASH to apply individualized assessment that specifically considers the role of service-related conditions — including PTSD, TBI, MST, and substance use disorders — in the veteran’s criminal history.

Practitioners representing veterans denied HUD-VASH assistance based on criminal records should: (1) obtain the VA’s service-connection records documenting any disability related to the veteran’s service; (2) obtain records of any VA mental health or substance use treatment the veteran has received; (3) submit these records with a comprehensive mitigation letter at the informal hearing under 24 C.F.R. § 982.554; and (4) argue both the individualized assessment standard under HUD’s criminal records guidance and the veteran’s service-related mitigating circumstances.

Massachusetts Department of Veterans’ Services (DVS) — Legal Framework

The Massachusetts DVS is established under G.L. c. 115. The DVS administers the Veterans Benefits Program, which provides financial assistance to income-eligible veterans and their dependents (G.L. c. 115, § 5). The DVS Veterans Transitional Housing Program operates under state appropriations. Local Veteran Service Officers (VSOs) are established under G.L. c. 115A and must be certified through the DVS.

Veterans who have been discharged with an other-than-honorable discharge may access state DVS benefits if they meet Massachusetts’ separate eligibility criteria under G.L. c. 115. DVS programs and eligibility are determined separately from federal VA eligibility, providing a fallback resource for veterans who do not qualify for federal VA programs.

Reasonable Accommodation in HUD-VASH

Veterans with service-connected disabilities — PTSD, TBI, MST, physical disabilities — may be entitled to reasonable accommodations in the HUD-VASH process under the Fair Housing Act and Section 504 of the Rehabilitation Act. Common reasonable accommodation needs in the HUD-VASH context include: extended voucher search periods; assistance with unit accessibility modifications; flexibility in the timing of required program compliance steps; and consideration of disability-related conduct in admissions decisions. Both the administering PHA and the VA facility are subject to reasonable accommodation obligations, and requests should be submitted in writing with supporting documentation from a VA treatment provider.

This is informational only and not legal advice.

HUD-VASH statutory authority: 42 U.S.C. § 1437f(o)(19) (Housing Act of 1937). HEARTH Act of 2009 (McKinney-Vento Homeless Assistance Act reauthorization). HUD-VASH regulations: 24 C.F.R. Part 982; HUD PIH Notice 2011-53 and successor notices. VA healthcare eligibility: 38 U.S.C. §§ 1710, 1720G. SSVF: 38 U.S.C. § 2044. VA homeless programs: 38 U.S.C. Chapter 20. Mandatory HCV denial: 42 U.S.C. § 13663; 24 C.F.R. § 982.553(a). Informal hearing: 24 C.F.R. § 982.554. Reasonable accommodation: FHA, 42 U.S.C. § 3604(f); Section 504, 29 U.S.C. § 794. Massachusetts DVS: G.L. c. 115; G.L. c. 115A (VSOs). Massachusetts DVS Veterans Benefits: G.L. c. 115, § 5. HUD 2022–2024 HUD-VASH income eligibility guidance expanding threshold to 80% AMI: www.hudexchange.info/programs/hud-vash/. HUD Criminal Records Guidance (2016). FCRA: 15 U.S.C. §§ 1681 et seq.

Veterans applying for HUD-VASH undergo both VA eligibility screening (healthcare eligibility, homelessness status) and PHA criminal background screening under the administering Housing Authority’s ACOP. The mandatory denial categories (lifetime sex offender registrants; on-premises meth manufacturing in federally assisted housing) apply. Beyond mandatory denials, the PHA’s ACOP governs other criminal history screening.

Veterans who obtain a HUD-VASH voucher face the same unit search and landlord acceptance challenges as regular HCV holders in the Massachusetts rental market. Source of income protections in Boston, Cambridge, and other municipalities apply equally to HUD-VASH

vouchers. VA case managers typically assist in the unit search, which meaningfully improves outcomes compared to voucher holders without support.

Veterans with criminal records who apply for HUD-VASH should prepare a comprehensive service-connection and rehabilitation documentation package for the PHA’s informal hearing process. The connection between service-related conditions and criminal conduct is one of the strongest mitigating arguments available in this population, and VA medical records are the most credible source of that documentation.

Veterans Housing Resources

VA Boston Healthcare System — HUD-VASH Program Boston / Eastern Massachusetts Phone: (857) 364-4444 Email: vhabhsrenttoavet@va.gov Website: www.va.gov/boston-health-care/health-services/homeless-veteran-care/Primary HUD-VASH contact for veterans in eastern Massachusetts; provides case management and voucher administration in partnership with area PHAs.

VA Central Western Massachusetts Healthcare System — Homeless Veterans Programs Leeds (Northampton) Phone: (413) 584-4040 Website: www.va.gov/central-western-massachusetts-health-care/HUD-VASH and SSVF services for veterans in western Massachusetts.

National Call Center for Homeless Veterans National (24-hour) Phone: 1-877-4AID-VET (1-877-424-3838) Website: www.va.gov/homeless 24/7 crisis line for veterans experiencing homelessness; can connect veterans to local VA programs and housing resources.

Soldier On Pittsfield / Leeds (Northampton), Western Massachusetts Phone: (413) 443-2995 Website: www.westernmassvets.org Comprehensive residential transitional housing, recovery services, and employment for homeless veterans in western Massachusetts.

Caritas Communities — Veterans Housing Eastern Massachusetts (multiple properties) Phone: (617) 661-3239 Website: caritascommunities.org/our-programs/veterans-housing/ Affordable housing with supportive services for veterans; eastern Massachusetts locations.

Veterans Inc. Worcester / Central Massachusetts Phone: (508) 791-1213 Website: www.veteransinc.org Comprehensive transitional housing, employment, and case management for veterans; central Massachusetts.

Heading Home — Veterans Program Cambridge / Greater Boston Phone: (617) 864-8140 Website: www.headinghome.org Housing navigation and case management for homeless veterans in Greater Boston; SSVF grantee.

Massachusetts Department of Veterans’ Services

Massachusetts Department of Veterans’ Services (DVS) Boston (statewide) Phone: (617) 210-5480 Website: www.mass.gov/orgs/department-of-veterans-services Administers state veteran benefits (G.L. c. 115), Veterans Transitional Housing Program, and certifies local Veteran Service Officers; central state agency for veteran assistance.

Locate a Local Veterans Service Officer (VSO) Statewide Website: www.mass.gov/info-details/find-a-veterans-service-officer Find city/town VSOs who provide free benefits counseling, housing referrals, and service coordination for veterans.

Greater Boston Legal Services (GBLS) Boston / Greater Boston Phone: (617) 603-1700 Website: www.gbls.org Free civil legal assistance for income-eligible veterans including HCV appeal hearings, housing discrimination, and veterans benefits navigation.

Veterans Legal Services Boston Phone: (617) 603-1700 (via GBLS) Website: www.veteranslegalservices.org Legal representation specifically for low-income veterans in Massachusetts on housing, benefits, and discharge upgrade matters.

Massachusetts Commission Against Discrimination (MCAD) Statewide Boston: (617) 994-6000 Website: www.mass.gov/orgs/massachusetts-commission-against-discrimination Accepts housing discrimination complaints from veterans; handles source of income discrimination complaints in municipalities with applicable protections.

HUD Office of Fair Housing and Equal Opportunity (FHEO) Federal Phone: 1-800-669-9777 Website: www.hud.gov/program_offices/fair_housing_equal_opp Accepts FHA complaints including those related to HUD-VASH voucher acceptance and disability-related housing discrimination.

HUD Housing Counselor Locator Statewide Phone: 1-800-569-4287 Website: answers.hud.gov/housingcounseling Connects veterans with HUD-approved counselors experienced in HCV and veteran housing program navigation.

Boston Housing Authority (BHA) — HUD-VASH Boston Phone: (617) 988-4000 Website: www.bostonhousing.org Administers HUD-VASH vouchers in partnership with VA Boston; veteran-specific housing program administration.

Massachusetts EOHLC / CHAMP System Statewide Website: publichousingapplication.ocd.state.ma.us Application portal for state-aided public housing; veterans may qualify for veteran preference under some Housing Authority programs.

42 U.S.C. § 1437f(o)(19) — HUD-VASH Authorization uscode.house.gov

24 C.F.R. Part 982 — HCV/HUD-VASH Regulations www.ecfr.gov

HUD Exchange — HUD-VASH Program Page www.hudexchange.info/programs/hud-vash/

HUD — HUD-VASH (Helping Americans: Housing Choice Vouchers for Homeless Veterans) www.hud.gov/helping-americans/housing-choice-vouchers-homeless-veterans

VA — HUD-VASH Program Page department.va.gov/homeless/hud-vash/

VA Boston Healthcare System — Homeless Veteran Care www.va.gov/boston-health-care/health-services/homeless-veteran-care/

Boston Housing Authority — HUD-VASH Eligibility Flyer bostonhousing.org/BHA/media/Documents/HUD-VASH-Eligibility-and-Referral-Flyer.pdf

USICH — New HUD-VASH Policies Expand Veterans’ Housing Access www.usich.gov/news-events/news/new-hud-vash-policies-expand-veterans-housing-access

38 U.S.C. § 2044 — SSVF Program uscode.house.gov

Massachusetts General Laws c. 115 — Veterans Benefits malegislature.gov/Laws/GeneralLaws/PartI/TitleXVII/Chapter115

Massachusetts Department of Veterans’ Services www.mass.gov/orgs/department-of-veterans-services

Veterans Inc. www.veteransinc.org

Soldier On www.westernmassvets.org

Veterans Legal Services www.veteranslegalservices.org

National Call Center for Homeless Veterans www.va.gov/homeless

Massachusetts Housing Node Intelligence Atlas — 13 Rental Barrier Intelligence Stacks Complete

This is informational only and not legal advice.