Real Estate Done Right

After years of debate, Massachusetts has introduced a pivotal law designed to allow tenants to remove certain eviction records from public access. Governor Maura Healey signed this legislation on August 6 as part of the Affordable Homes Act, with implementation set for May 5, 2025. This law not only grants tenants the right to petition for the sealing of eviction records but also imposes significant constraints on credit reporting agencies regarding their use of such data.

The legislation permits tenants to request the court to seal eviction records, helping to prevent these records from impacting future housing applications. Tenant rights groups view this as a step toward housing security for those affected by economic hardship, while landlords worry that the inability to access eviction history could lead to more stringent rental requirements, such as higher credit score expectations. A 270-day transition period has been built into the rollout, giving courts and credit bureaus time to adjust.

The law categorizes eviction record sealing eligibility based on the following case types:

Evictions Without Cause: When an eviction occurs without a lease violation—such as when a landlord decides to sell the property or not renew a lease—tenants can request record sealing. The landlord must be notified, but if they do not contest the petition within seven days, courts will approve it automatically. However, concerns exist regarding enforcement and landlord notification processes.

Non-Payment of Rent Cases: If tenants have had no eviction filings in the past four years and can show that their eviction resulted from financial struggles, they can petition to have their record sealed. If the landlord does not object within seven days, sealing is granted automatically. In cases where a tenant has paid off rent debt through a court-approved payment plan, landlords are required to notify the court within 14 days. If they fail to do so, tenants may submit their own petition to finalize the sealing process.

Lease Violations and Other At-Fault Evictions: For evictions tied to lease violations—such as property damage, excessive noise, or illegal activity—tenants must maintain a clean record for seven years before becoming eligible to seal the eviction. If no landlord objection is raised, the petition is granted. However, cases involving criminal conduct require a court hearing before sealing is approved to assess public safety concerns.

Cases Dismissed or Ruled in Favor of Tenants: When an eviction case is dismissed or decided in favor of the tenant, records may be sealed immediately, without requiring notice to the landlord. Some critics argue this provision may allow tenants to erase records from disputes that, while dismissed, still reflect potential rental concerns.

Effects on Credit Reports: A major component of this law is its impact on credit reporting agencies, which face strict limitations on how eviction records can be used. Sealed evictions cannot be included in credit reports, and agencies must remove any reference to a sealed eviction within 30 days of its approval. Additionally, agencies that report eviction records must specify the type of eviction (e.g., no-fault, non-payment, or at-fault). Given the logistical challenges of compliance, many experts believe credit agencies may opt to remove eviction data from their reports entirely.

Changes to Rental Applications: The law also introduces a standardized disclosure for rental applications. Prospective tenants with sealed eviction records are legally permitted to respond “no record” when asked about prior evictions. This measure aims to reduce potential discrimination against those who have successfully sealed past eviction filings.

With the law taking effect in May 2025, significant administrative changes lie ahead. Courts must establish new petition processes, while landlords and credit agencies must adapt their screening methods. One open question is whether sealed records will count toward future eligibility requirements for eviction record sealing. Theoretically, once sealed, the record should not be considered in future look-back periods, but enforcing this remains uncertain.

Massachusetts landlords, tenants, and legal experts will be closely watching how this plays out in practice. This makes having a seasoned rental agent more crucial than ever. With credit and background checks becoming less dependable, the expertise of an experienced agent is invaluable in securing trustworthy tenants.

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