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Eviction Sealing Law Takes Effect May 5, 2025

Tenants Can Petition Housing Courts to "Seal" Their Cases

As part of the Affordable Homes Act signed by Governor Healey on August 6, 2024, tenants will be able to have certain eviction records sealed.  Cases are broken into categories of (1) non-payment, (2) no-fault, and (3) fault, with no-fault actions being the easiest to expunge from the public record.  Non-payment cases can be sealed after four years.

 

Once a case is sealed it may no longer appear in credit histories and will not be available general public, with limited exceptions. Landlords will also be required to update their screening process under the statute. 

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The law provides that: "An application used to screen applicants for housing or credit that seeks information concerning prior eviction actions of the applicant shall include the following statement: 'An applicant for housing or credit with a sealed record on file with the court pursuant to section 16 of chapter 239 of the General Laws may answer ‘no record’ to an inquiry relative to that sealed court record.'"

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Brokers, agents, and landlords should update their applications as of May 5, 2025.  Anyone who might not know about the change can avoid liability, but only if they have not been issued a written warning from the Attorney General, and provided they correct the violation within 90 days of such notice.

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