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. It does not make a difference if it is refundable or not.
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)).
The tenant must dive the security deposit within 10 days from the beginning of the tenancy.
Once you receive the deposit, you must provide the tenant with a statement of the condition of the property.
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) is in place. The FHA states that it is illegal to discriminate based on the following characteristics:
- Race
- Color
- Nationality
- Religion
- Sex
- Familial status
- Disability
- Criminal history
As a consequence, you are not allowed to ask for any of these details on a Massachusetts Rental Application form nor to include them in the decision-making process.
Notice of Eligibility
You must disclose the screening criteria used during the application process, as well as anything that could lead to a refusal. To make sure individuals understand this in advance of the application, they must provide a signature of acknowledgment on the application.
Consent Credit Check
The Federal Credit Reporting Act (FCRA) stipulates that potential tenants must agree to any credit checks you require. To show they consent, they must provide written acknowledgment on the application form.