A new law went into effect on Monday that allows Massachusetts tenants to ask the state to seal their past eviction record, making it no longer publicly available electronically or in paper form. Whether someone can take advantage of the new law depends on the type and outcome of the past eviction case.
Lt. Gov. Kim Driscoll, Attorney General Andrea Campbell, Senate President Karen Spilka and other officials participated in a news conference hosted by state Sen. Lydia Edwards on Monday outside the Eastern Housing Court in Boston.
“Eviction record sealing isn’t just a policy. It’s about restoring dignity, opening doors and recognizing that one tough chapter shouldn’t define a person’s future,” Edwards said in her remarks.
Edwards began pushing the initiative back in 2018 in her previous role as a Boston City Councilor.
“As someone who has both organized alongside tenants and fought for housing justice in the State House, I know how life-changing this moment is,” Edwards said.
Gov. Maura Healey signed the Affordable Homes Act into law last August, but the eviction sealing provision did not take immediate effect. Supporters say the option now available to renters will allow many people to prevent being judged for their past mistakes.
“Eviction sealing is so important. Think about having something happen in your life many, many years ago, and an eviction can continue to haunt you many years after that,” said Driscoll. “Not just if you’re trying to find an apartment, but if you are trying to get credit, if you are trying for a job, it can hang on and be a part and a barrier to what you are trying to do moving forward.”
Critics have argued it takes away an important tool for landlords to screen prospective tenants. MassLandlords Executive Director Doug Quattrochi met with Edwards early on in the process and expressed concern that the concept is fundamentally unworkable.
“It leaves landlords vulnerable to professional tenants and gives the courts not a penny more budget to hear every case twice,” he told GBH News. “Some day a federal court will find it unconstitutional. The whole thing could have been avoided by making eviction history a protected class status [against discrimination].”
Greater Boston Real Estate Board CEO Greg Vasil anticipates growing pains during the transition period, especially for the smaller landlords they represent.
“As with any new law, it’s going to be a process that will take a transition period for people to really understand how this law works,” he said.
“While we did not initially see eye-to-eye with those championing eviction sealing reform in Massachusetts, we are proud of the commonsense consensus we all came to,” he added. “After years of negotiations and hours upon hours of spirited discussion, we are honored to stand alongside state leaders, lawmakers and advocates to celebrate this moment.”
Edwards said people who were evicted for nonpayment of rent would have to wait four years before they could apply to have their record sealed. The waiting period would be longer or shorter depending on the reason for the eviction, she explained.
“You won’t be able to seal a fault eviction if you have another fault eviction within seven years, or if you try to file before the seven years,” explained Annette Duke, a senior housing attorney for the Massachusetts Law Reform who helped lawmakers with the provision.
The petition to seal an eviction will be adjudicated by a judge, court magistrate or an administrator at the state’s Housing Court. The law also blocks credit reporting agencies from including information about sealed eviction records. According to Boston housing officials, nearly 5,000 evictions are filed in Boston yearly, with about a third of those cases turning into actual evictions.
Previously, even people with a no-fault eviction would still have the eviction on their permanent record. A no-fault eviction can happen when a landlord evicts a tenant to sell the property. In that circumstance, the new law allows renters to remove the eviction quickly.
“I’m proud that Massachusetts is making housing more equitable and allowing residents in the state to have a second chance,” Edwards told GBH News.
The state has compiled a frequently asked question document for residents to learn more about Massachusetts eviction record sealing protections.
