Can a Massachusetts Landlord Ask About Criminal History?

Renting a home can be stressful, especially if you have concerns about your background. If you're a renter in Massachusetts, it's important to understand what landlords can—and can't—ask you about your criminal history. Knowing your rights can help you feel more secure and prepared during your housing search.

What Are the Rules About Criminal History Checks in Massachusetts?

Massachusetts has specific laws about how landlords may use criminal background information during rental screening. In general, landlords cannot ask about certain types of criminal records or misuse this information to discriminate against potential tenants.

• Landlords may check criminal records, but only after an initial review of your application.
• It's illegal for landlords to ask you about arrests that did not result in conviction.
• Certain older misdemeanor convictions, sealed records, and juvenile offenses cannot be used to deny your application.
• The state also enforces anti-discrimination laws that protect renters with a criminal history when that history is not directly relevant to tenancy.

These rules aim to give everyone a fair chance at housing while allowing landlords to protect their property and communities.

Timing: When Can a Landlord Ask?

Under the "ban the box" law in Massachusetts (General Laws Chapter 151B § 4), a landlord cannot ask about criminal history on the initial rental application. They may only ask after a preliminary application review or if you are otherwise qualified, except for certain sex offenses.^[1]

Which Criminal Questions Are Prohibited?

By law, landlords cannot ask about:

• Arrests with no conviction
• First-time drug offenses that led to probation
• Records sealed or expunged by the court
• Certain misdemeanors when the conviction occurred more than 3 years ago (unless there's been another conviction since)

Discrimination Protections for Renters

Both Massachusetts and federal laws protect renters from unfair treatment based on criminal records when the record does not directly relate to the safety or welfare of the rental property. If a landlord uses criminal history as a "blanket ban," this could be unlawful discrimination. The Massachusetts Commission Against Discrimination (MCAD) is the government body handling such complaints.

Tip: If you believe you were denied housing because of an old or irrelevant criminal record, you may have the right to file a complaint with MCAD or seek legal support.

Official Forms and Practical Steps

There are important forms and processes involved if you believe a landlord is breaking the law or discriminated against you.

• MCAD Housing Discrimination Intake Form:
  • When to Use: If you think a landlord has illegally denied you housing based on criminal history that they weren't allowed to consider.
  • How to Use: Fill out details about your experience and submit directly to MCAD.
  • Access the official MCAD Housing Discrimination complaint form
• Request to Access/Seal Criminal Record (CORI Sealing Petition, Form CR-001):
  • When to Use: If your housing was affected by old criminal records, you may request the court to seal your record.
  • How to Use: Submit the petition to your local district court. More information is on the official Massachusetts CORI sealing instructions.

Relevant Laws and Government Resources

• Massachusetts Tenant Rights Portal: Official guidance on tenant protections and laws
• Massachusetts General Laws Chapter 151B (Anti-Discrimination in Housing)
• Massachusetts Housing Court: Tribunal handling residential tenancy disputes
• Massachusetts Commission Against Discrimination (MCAD)

Frequently Asked Questions

1. Can a landlord deny me housing for any criminal record?
   Not necessarily. In Massachusetts, landlords cannot deny housing based on arrests without convictions, older nonviolent offenses, or sealed records. Blanket bans are likely illegal.
2. If my record is sealed, do I have to tell a landlord about it?
   No. Sealed or expunged records are private; landlords have no right to ask about them, and you are not required to disclose.
3. How do I file a complaint if I think I was unfairly rejected?
   You can file a discrimination complaint with the Massachusetts Commission Against Discrimination using their online form or by calling their helpline. See the MCAD website for more information.
4. What if a landlord asks about my criminal history on the first application?
   This could be illegal under state law. You may wish to remind them of the law or seek assistance from MCAD or a local legal aid agency.
5. Where can I find the latest tenant laws and forms?
   Official forms and resources are available on the Massachusetts government tenant rights portal and the MCAD site.

Key Takeaways

• Massachusetts landlords cannot ask about criminal history on the initial application, and certain older, sealed, or minor offenses are protected.
• If you are denied housing and believe it was due to an unfair criminal history inquiry, you can file a complaint with MCAD.
• Understanding your rights helps protect yourself from unlawful discrimination during your housing search.

Need Help? Resources for Renters

• Massachusetts Commission Against Discrimination (MCAD): File a discrimination complaint or ask for help.
• Massachusetts Housing Court: For formal tenancy disputes, evictions, or to answer tenant questions.
• State Tenant Rights Portal: Official tenant rights, forms, and updates on state law.
• Local legal aid and tenant advocacy programs can also help if you face rental discrimination.

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1. Massachusetts General Laws Chapter 151B § 4: Unlawful Practices
2. Commonwealth of Massachusetts: Fair Housing and Discrimination Guidance
3. Massachusetts CORI Sealing Information
4. MCAD: File a Housing Discrimination Complaint

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