Know the Rules: Tenant Screening in Massachusetts

Posted on by uppluck in Blog

If you’re a landlord in Massachusetts, tenant screening is a key part of managing your rentals. But unlike in many other states, the rules here are strict and designed to protect applicants while still allowing you to vet prospective renters effectively. Knowing what the law allows and prohibits can help you avoid legal trouble and screen consistently and fairly.

No Application or Screening Fees
One of the most important points in Massachusetts tenant screening law is that landlords cannot charge rental application fees or screening fees before a lease is signed. This means you cannot require applicants to pay for things like:

  • Credit checks

  • Background checks

  • Application processing fees

This prohibition is part of state law, and landlords must absorb these screening costs themselves or use screening services that the applicant chooses and pays for independently. Massachusetts and Vermont are currently the only states with this kind of outright ban on application fees.

State law does allow certain charges at the start of a tenancy, such as:

  • First month’s rent

  • Last month’s rent

  • Security deposit (within legal limits)

But nothing that functions like an “application fee” can be imposed before a formal rental agreement is in place.
Source of Income Protections

Massachusetts goes beyond federal fair housing protections by making source of income a protected category. That means you cannot refuse to rent to someone simply because they use a lawful source of income, such as:

  • Housing Choice Vouchers (Section 8)

  • Social Security or disability benefits

  • Child support or retirement income

These protections are enforced through the Massachusetts Commission Against Discrimination (MCAD), and discriminating based on income source could violate state fair housing law.

Criminal Background Screening
Massachusetts does not have a specific state “Fair Chance Housing” law, but federal fair housing requirements still apply. This means:

  • You can consider criminal history, but you cannot use arrest records alone to deny an application

  • Blanket bans on all convictions may violate federal guidance

  • You should evaluate the relevance of a conviction and how long ago it occurred

Federal guidance (from HUD) encourages individualized assessments to avoid discriminatory impacts.

Fair Housing Compliance
In addition to the federal protected classes (like race, color, religion, familial status, and disability), Massachusetts law adds protections for:

  • Source of income

  • Receipt of public assistance

  • Sexual orientation and gender identity

  • Marital status

  • Age

  • Genetic information

  • Military or veteran status

These broader protections mean landlords need to be especially careful that screening criteria and practices are applied equally to all applicants.

Best Practices for Compliant Screening
To stay on the right side of the law while still making smart tenant decisions:

  • Document your screening criteria before you list a unit

  • Apply the same standards to every applicant

  • Absorb all screening costs yourself or accept applicant-provided reports voluntarily

  • Avoid any fee that looks like an application or processing charge

  • Train staff or anyone helping you screen to follow fair housing rules strictly

Being consistent and transparent in your screening process not only helps you find good tenants, it also protects you if a complaint is ever filed.

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