Challenges and Implications for Landlords, Renters & Screening Companies

In a move with significant implications for the Massachusetts apartment rental landscape, Governor Maura Healey signed the Affordable Homes Act (Chapter 150 of the Acts of 2024) into law on August 6, 2024. A key component of this legislation, enacted following its passage by the state on September 13, 2024, introduces unprecedented eviction record sealing abilities for tenants who have a history of being evicted. 

This controversial law, took effect on May 5, 2025, marks the first time tenants in Massachusetts will have the ability to petition the courts to seal their eviction records under specific conditions. While tenant advocates tout this as a crucial step towards providing second chances, this article delves into the potential challenges and negative implications this new law poses for both landlords and renters alike.

1. Increased Costs and Risks for Landlords:

Landlords rely on eviction records to assess the rental history and reliability of potential tenants. With the sealing of eviction records, landlords may face lost income from tenants that know how to play the “Live Rent Free Scam.” This is the new risk when screening tenants who may have prior evictions. Now consumer reporting agencies have limited access to crucial eviction information so housing providers cannot make truly well informed leasing decisions, as crucial data is missing from the screening process.

2. Reduced Transparency and Accountability:

By sealing eviction records, the law undermines transparency in the rental market, making it harder for landlords to hold tenants accountable for past actions. This lack of accountability could lead to an increase in risky tenants being approved for apartments that in turn can cause property damage while creating rental collection losses. Ultimately these actions impact the rental market with higher future rents and tighter tenant screening criteria imposed by now vulnerable landlords.

3. Impacts on Renters:

While the law aims to provide second chances for some tenants with past evictions, it may inadvertently harm responsible renters with marginal qualifications. Landlords, facing increased risks, will become more stringent in their tenant selection criteria, potentially excluding otherwise qualified renters from accessing housing opportunities and increasing homelessness.

4. Potential for Abuse and Loopholes:

There are concerns that tenants could exploit loopholes in the law, such as moving out before a court date to have their case dismissed and that record sealed. This could lead to unfair advantages for some unscrupulous tenants and create challenges for landlords in maintaining a stable rental environment.

5. Enforcement and Legal Risks:

Landlords who violate the law by disclosing sealed eviction records face penalties and legal action by tenants. This enforcement mechanism introduces additional risks for landlords and could discourage them from investing in Massachusetts rental properties or providing new housing opportunities, ultimately reducing the availability of rental units for tenants. Others will begin selling to out of state large capital investors who are seeking better ROI, which reduces the footprint of “naturally occurring affordable housing” under the blanket of small “mom and pop” property owners.

6. Tenant Screening Opportunities:

Tenant screening agencies, like TenantTracks are working on strategies to help mitigate this new law and help housing providers make better informed leasing decisions. If a ‘hit’ shows up on a background check that has discovered a Massachusetts’ eviction record, it will stop the report process from completing as the need to reverify the eviction data is necessary and an onscreen message is displayed that an investigation into eviction records must occur.

Reports returning “No-Hit Eviction Records” for Massachusetts reports will be processed as normal. 

Companies like RENTSPREE and TRANSUNION SMARTMOVE  have already stopped providing all eviction records in Massachusetts which is dangerous for housing providers. As a  result, even unsealed eviction records will not be shown on their background check if you use these services to screen renters.

Other reporting mechanisms will need to become more popular, such as monthly tenant payment reporting to the credit bureau, both positive and negative, which becomes part of the resident’s credit report. Then there is TenantTrack’s exclusive Negative tenant performance database that shows activities such as, ‘cash for keys,’ ‘late payments,’ ‘notice to quit served’ and ‘summons & complaint served’ can also be reported and become part of that company's  tenant screening report. 

These alternative tools are going to be imperative for property owners to utilize to work around the limited  data they now have access to regarding eviction records in Massachusetts. 

Make no mistake, the 2024 eviction sealing law is a game-changer for the Massachusetts rental market. The mandated secrecy surrounding eviction histories will inevitably drive up operating costs for landlords which get passed onto future renters, erode public record transparency essential for informed leasing decision-making, and introduce a new layer of risk that could ultimately harm both property owners and well-intentioned renters. This is not a subtle policy tweak; it's a substantial intervention with the potential to reshape the very foundations of apartment renting in Massachusetts. The far-reaching implications of this law demand immediate and sustained attention to prevent unintended negative consequences and to safeguard a balanced and functional housing system for all.

In this evolving apartment rental landscape, leveraging comprehensive tenant screening tools like TenantTracks becomes more critical than ever for landlords seeking to protect their investments and navigate the complexities of the 2024 MA eviction sealing law. By utilizing advanced screening strategies and exploring alternative reporting mechanisms, landlords can strive to minimize their risk and maintain informed leasing decision-making ability moving forward.