Massachusetts has many rules and statutes regulating its housing market. These must be fully considered when preparing an application for rental properties in the state.
Application Fee
A landlord in Massachusetts is not permitted to charge an application fee.
On the other hand, in compliance with § 254 CMR 7.00(1), real estate brokers and agents are permitted to charge a fee for rental applications (Section 15B(1)(b)).
Security Deposit
Landlords in Massachusetts can charge up to the cost of one month’s rent for security deposits (Section 15B(1)(b)(iii)).
You are required to put the deposit in a separate interest-bearing account in a bank found in Massachusetts.
Housing Discrimination Law
In Massachusetts, there is no specific state law relating to housing discrimination. However, the Fair Housing Act (FHA) states that it is illegal to discriminate based on the following characteristics:
- Race
- Color
- Nationality
- Religion
- Sex
- Familial status
- Disability
- Criminal history
Notice of Eligibility
Potential tenants must be informed about the screening criteria and reasons for denial or approval. To prove that these facts were shared, a signature of acknowledgment must be provided within the application or alongside it.
Consent Credit Check
The Federal Credit Reporting Act (FCRA) stipulates that potential tenants must agree to any credit checks you require to assess their suitability. To show they consent, they must provide written acknowledgment on the application form.