Tenant Screening and Advertising — Where Massachusetts Owners Get Into Trouble

 Tenant Screening and Advertising — Where Massachusetts Owners Get Into Trouble

Screening applicants is legal and necessary. The problems start when a screening rule, an ad, or a leasing agent's comment treats applicants differently based on a protected characteristic, or when a neutral-sounding rule screens out a protected group without a good reason. Massachusetts protects more categories than federal law, and the ones that generate the most claims against apartment owners here are not the ones most owners think about first.

Protected categories in Massachusetts

Under the federal Fair Housing Act and Massachusetts General Laws chapter 151B, you cannot discriminate in housing based on race, color, religion, national origin, ancestry, sex, sexual orientation, gender identity, age, marital status, military or veteran status, genetic information, disability, familial status (children in the household), or receipt of public assistance or a rental subsidy. Several of these are protected under Massachusetts law even where federal protection is limited or federal enforcement has changed.

Housing vouchers and other assistance

In Massachusetts it is illegal to refuse to rent to someone because they have a Section 8 voucher, MRVP, RAFT, or other rental assistance. This is one of the most frequently filed claims against owners and management companies.

Common violations:

•       Ads or listings stating "no Section 8" or "no programs"

•       Refusing to fill out housing authority paperwork or schedule the inspection

•       Applying a minimum income requirement to the full contract rent when the tenant only pays a portion

•       Telling a voucher holder the unit is taken when it is not

If you use an income standard, apply it to the portion of the rent the tenant is responsible for.

Families with children and lead paint

You cannot refuse to rent to a family because they have children, and you cannot refuse because the unit has not been deleaded. Under the Massachusetts Lead Law, if a child under six will live in the unit, the obligation is to delead or bring the unit into interim control. Steering families to certain buildings or floors, or telling them a unit is "not set up for kids," creates the same exposure.

Occupancy limits must be based on the State Sanitary Code, not an internal rule such as "two people per bedroom." A stricter house rule can operate as familial status discrimination.

Criminal records

In 2025, HUD withdrew its guidance on using criminal records in tenant screening. That guidance warned against blanket bans. HUD has also proposed eliminating its disparate impact regulations; as of this writing, that rule is not final. Neither change alters Massachusetts law or prevents a private party from bringing a disparate impact claim in court.

If you screen for criminal history:

•       Use a written policy that looks at the type of offense, how long ago it was, and whether it bears on the safety of residents or property

•       Avoid automatic rejection for any record, and do not rely on arrests that did not lead to conviction

•       If you obtain CORI through the state system, follow the Massachusetts CORI regulations, which include a written policy requirement for providers who make regular requests and notice to the applicant before an adverse decision

•       Apply the policy the same way to every applicant

Advertising and leasing conversations

Ads, listings, and what leasing staff say are all covered. Words that describe the property are fine. Words that describe the preferred tenant are where problems start.

Avoid

Use instead

Perfect for young professionals

Close to the Red Line

Ideal for a single person or couple

One-bedroom, 650 sq ft

No Section 8 / no programs

(say nothing about payment source)

Adults only / quiet building, no kids

Quiet hours 10 p.m. to 7 a.m.

Must be employed

Income of X times your share of the rent, or other verifiable means

Christian community / near our church

Near public transportation and shopping

If you use third-party platforms or screening companies, you are still responsible for the criteria and the results. Review the settings and criteria you have selected.

What to put in place

•       Written tenant selection criteria, applied in the same order to every applicant

•       First-come, first-qualified processing, with a log of when each application was received

•       Ad and listing templates reviewed once and reused

•       A written CORI policy if you screen for criminal history

•       Annual fair housing training for anyone who answers the phone, shows units, or reviews applications

Most of the claims we see against apartment owners trace back to an undocumented decision or a single comment from a leasing agent. Written criteria applied consistently are the best defense.

If you are a property manager and have a question about fair housing, contact Sandonato Law at 617-481-2742.

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