WeVote
Log In

Bill

Bill

HD 3813

An Act relative to the use of credit reporting for rent-subsidized tenants

194th Legislature (2025-2026) Introduced by Manny Cruz

Prohibits using consumer credit reports to screen rent-subsidized tenants unless explicit, ongoing consent is obtained, with disclosure, dispute rights, and anti-retaliation protec

0
WeVote Research Nonpartisan
Bill Summary · HD 3813

Summary of House Bill HD 3813 (An Act relative to the use of credit reporting for rent-subsidized tenants)

Overview

  • Bill number: HD 3813
  • Title: An Act relative to the use of credit reporting for rent-subsidized tenants
  • Introduced: January 17, 2025 (House Docket No. 3813), by Rep. Manny Cruz (Salem)
  • Chamber: Massachusetts General Court (House bill with companion references in Chapter 93)
  • Status: Filed; proposed legislation in 2025-2026 session
  • Effective date: 90 days after passage

Purpose and intent
- The bill aims to limit or prohibit the use of consumer credit reports in tenant screening for individuals with government rent subsidies. It seeks to protect subsidized tenants from credit-score-based discrimination in housing decisions and to ensure a formalized process if a credit report is used.

Key provisions and changes

Section 51C — New framework for tenant screening and credit reporting

  • Defines “tenant screening purposes” as evaluating a consumer for rental housing or continued tenancy.
  • Prohibits or restricts use of consumer reports for tenants with a government rent subsidy:
    • (b) Landlords cannot use a consumer report, request a report, or require subsidy tenants to answer questions about creditworthiness when the applicant/tenant has a government rent subsidy.
    • (d) Allows use only if required by federal or state law/regulation (with the respect to existing obligations).
    • (e) When using a report is permitted, landlords must:
    • Obtain written, standalone consent from the subsidized tenant for each report.
    • Disclose the reason for accessing the report in writing to the subsidized tenant.
    • If adverse action is contemplated, disclose the adverse-action reason (including the specific report information), provide a copy of the report and the federal notice of rights at least 14 days before action, and offer a private discussion to dispute the report’s relevance.
    • Ensure that costs of obtaining the report are not charged to the subsidized tenant.
    • If a dispute is raised within the 14-day window, the landlord must pause adverse action until the dispute is resolved, per applicable federal/state dispute resolution processes (Section 58 or 15 U.S.C. 1681i(a)).
  • (f) Prohibits retaliation or adverse actions against subsidized tenants who file complaints, participate in investigations, or oppose violations of this section.
  • (g) Treats waivers of this section as void.
  • (h) Violations constitute an unfair practice under Chapter 93A (Mass. General Laws).

Section 51(vii) — Connection to tenant screening

  • Amends Section 51 of Chapter 93 to allow the use of information for tenant screening purposes in accordance with Section 51C.

Who is affected

  • Landlords and individuals acting on landlords’ behalf who screen tenants or applicants with government rent subsidies.
  • Tenants or applicants who receive government rent subsidies (e.g., housing subsidies, voucher programs) and are subject to screening.
  • Consumer reporting agencies and related parties, to the extent they provide reports for subsidized housing applicants.

Procedural and timeline aspects

  • Effective date: 90 days after enactment.
  • The act creates explicit notice, consent, and dispute-resolution timelines (notably the 14-day period before adverse action and the requirement to pause action during disputes).

Potential impact and considerations

  • Strengthens protections against the use of credit reports for subsidized tenants.
  • Increases procedural safeguards around any permitted use of a consumer report, including consent, disclosure, and dispute resolution.
  • Could affect landlord screening practices, requiring more documentation and potential delays in decision-making for subsidized applicants.
  • Creates enforcement pathways through existing Massachusetts consumer protection and 93A enforcement mechanisms.

For readers evaluating the bill’s impact, the core shift is a prohibition on credit-report-based screening for rent-subsidized tenants unless explicit, ongoing consent is obtained, with strong transparency, dispute rights, and anti-retaliation protections.

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.