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SD 969

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

194th Legislature (2025-2026) Introduced by Adam Gómez

Prohibits using consumer credit reports to screen subsidized tenants; requires written consent, disclosure of purpose, 14-day dispute window, and limits adverse actions.

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Bill Summary · SD 969

Summary: Senate Docket No. 969 — An Act relative to the use of credit reporting for rent-subsidized tenants

Purpose and intent

This proposed Massachusetts statute aims to restrict how credit reports are used in tenant screening for individuals with government rent subsidies. The core goal is to prevent the use of consumer reports in ways that could lead to adverse housing decisions against subsidy recipients and to ensure greater transparency and protections in the screening process.

Key provisions

  • New framework and definitions

    • Adds a new Section 51C to Chapter 93.
    • Defines “tenant screening purposes” as evaluating a consumer for rental housing or retention as a renter.

  • Prohibitions related to subsidized tenants

    • A landlord or screening party shall not use or request a consumer report for tenant screening if the applicant/tenant has a government rent subsidy.
    • May not require subsidy tenants to answer questions about the contents or creditworthiness reflected in a consumer report.
    • May use a consumer report only if required by federal or state law or regulation.
    • May not use a report in a way that constitutes illegal housing discrimination.

  • Conditions under which reports may be used (subsection (e))

    • Written consent must be obtained from the subsidized tenant for each report, in a document that contains only the consent.
    • The landlord must disclose, in writing, the reason for accessing the report to the subsidized tenant; if adverse action is contemplated, the landlord must disclose the reason and provide a copy of the report along with required rights at least 14 days before taking action.
    • The landlord must discuss the relevance of the report with the tenant in private and consider any dispute before finalizing a decision.
    • The landlord must ensure that obtaining the report does not cost or charge the subsidized tenant.
    • If the tenant disputes the accuracy of the report within the 14-day window, the landlord may not take adverse action until dispute resolution is completed (per applicable federal laws and state processes).

  • Prohibitions on retaliation and waivers

    • Landlords may not retaliate against subsidized tenants for asserting rights or for participating in investigations.
    • Any waiver of these protections is void.

  • Enforcement and penalties

    • Violations are treated as unfair practices under the Massachusetts consumer protection framework (unfair practice under Chapter 93A).

  • Effective date

    • The act would take effect 90 days after passage.

Who is affected

  • Landlords, property managers, and agents involved in tenant screening.
  • Applicants and current tenants who receive government rent subsidies.

Procedural and timeline notes

  • The measure reframes tenant screening to limit reliance on credit reports for subsidized applicants, requiring consent, written disclosures, and a dispute window before adverse actions.
  • It references ongoing federal rights under the Fair Credit Reporting Act (e.g., 15 U.S.C. 1681g(c)(1) and 1681i(a)) for dispute processes.
  • Similar policy considerations previously circulated in S.877 (2023-2024).

Note: The bill is a proposed measure in the 2025-2026 session. Introduced materials indicate Senate Docket No. 969, with related history in earlier sessions.

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

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