Massachusetts Rental Application

What information should landlords collect?

A Massachusetts rental application form is one of the most effective ways to evaluate whether a renter is a good fit for your house, apartment, condo, or duplex. These screening documents should collect:

• Personal information: Names, contact info, smoking status, and identifying details such as dates of birth, email addresses, phone numbers, Social Security Numbers, and emergency contacts
• Financial information: Employment status and income verification
• Personal and professional references: Previous landlords to verify rental history and current employers to confirm employment
• Pet details: Number, type, size, breed, and weight
• Vehicle information: Number, make, model, and year of each vehicle

Massachusetts rental applications collect highly sensitive personal information, so landlords should handle it carefully. State and federal laws also dictate which questions landlords may ask and how they can use that information to evaluate applicants.

Pro tip: To stay compliant and avoid missing key details, use a free, fillable template from TurboTenant to streamline the application process.

Pre-Screener

Massachusetts application forms can be time-consuming, so many landlords choose to run a quick pre-screener before sending a full application to an interested party.

Residential pre-screeners often ask for the tenant’s:

• Contact information,
• Employment status,
• Income details,
• Requested move-in date,
• Self-reported credit score,
• Number of occupants,
• Pets, and
• Smoking status.

While it doesn’t replace the complete application, a pre-screener can quickly determine whether an applicant meets the minimum qualifications for your unit without going through the entire tenant screening process.

Federal Application Laws

Over the years, the federal government has passed laws to protect tenants and keep the housing process free from discrimination. These guidelines regulate which questions landlords can’t ask, the accommodations they must provide to people with disabilities, how to deny applicants, and a few other topics.

Fair Housing Act (FHA): Landlords must treat all applicants equally under the FHA, which prohibits discrimination based on characteristics such as race, color, religion, sex, national origin, disability, or familial status. Landlords cannot ask questions about these traits verbally or in the written application. These regulations apply to landlords, property managers, and their employees (42 U.S.C. §§ 3601–3619).

Equal Credit Opportunity Act (ECOA): Under the ECOA, applicants are protected from discrimination based on the same characteristics as in the FHA. This federal law also prohibits landlords from discriminating against applicants because they receive public housing assistance. Additionally, the ECOA provides guidelines for assessing a rental or credit application (15 U.S.C. §§ 1691–1691f).

Americans with Disabilities Act (ADA): Per the ADA, landlords must allow reasonable modifications to their rental units for renters with disabilities, such as permitting a service animal in a pet-free unit. The ADA also forbids landlords from denying an application based on an applicant’s disability status (42 U.S.C. §§ 12101–12213).

Fair Credit Reporting Act (FCRA): When landlords use credit reports to screen applicants, the FCRA governs how they may evaluate applications and requires landlords to obtain the applicant’s written consent before conducting a tenant screening or credit check. Landlords must also notify applicants of any adverse actions based on their credit history (15 U.S.C. § 1681 et seq.).

Civil Rights Act of 1866: Landlords cannot consider race or color in rental decisions (42 U.S.C. § 1981).

Massachusetts Application Laws

In addition to federal laws, Massachusetts-specific landlord-tenant laws regulate the application process. The state’s Fair Housing Law includes additional protected characteristics that landlords cannot factor into housing decisions (Mass. Gen. Laws ch. 151B).

Massachusetts landlords cannot consider an applicant’s:

• Marital status,
• Military or veteran status,
• Age,
• Ancestry, or
• Receipt of Section 8 housing vouchers or public assistance.

Source of income: Landlords in Massachusetts cannot discriminate against an applicant based on their lawful source of income (Mass. General Laws ch. 151B § 4(10)).

Criminal history: Landlords may consider an applicant’s criminal history, but should not apply blanket bans. Instead, they should evaluate each applicant on a case-by-case basis.

Eviction history: Massachusetts landlords should ensure that all information related to an applicant’s eviction history is accurate, as they can use it when making housing decisions.

Sexual orientation & gender identity: Landlords cannot discriminate against an applicant based on sexual orientation or gender identity (Mass. Gen. Laws ch. 151B).

Reusable screening report: Landlords can accept portable tenant screening reports from applicants, but they are not required to do so. Check local laws for any additional requirements.

Pets, ESAs, and Service Animals

If you allow pets, include a section in the Massachusetts application to gather information about the tenant’s animals.

Even if you don’t allow pets, you cannot deny an application based on a tenant having an emotional support animal (ESA) or service animal.

Pet information: Collect details about the animal’s type, breed, and size, as well as whether it is an ESA or service animal.

Fair Housing Act: The FHA prohibits landlords from discriminating against an applicant for having an ESA or service animal. Landlords cannot charge pet rent, deposits, or fees for these animals, and they cannot deny an application based on the animal’s breed, size, or type.

Denial Process

When denying a Massachusetts rental application, landlords must comply with all applicable laws and apply a consistent evaluation standard to every application. Landlords can legally deny an application based on insufficient income, poor credit history, adverse rental history, criminal background, or incomplete or false information.

Denial notice: Massachusetts law does not require landlords to issue a denial notice unless they base the decision on a consumer report, which triggers FCRA requirements.

Credit/Background denials: Under the FCRA, when a landlord denies an application based on information from a credit or background check, they must provide an adverse action notice that includes:

• The name of the firm conducting the credit or background check,
• An explanation of the tenant’s right to dispute inaccuracies, and
• Contact details of the reporting agency (15 U.S.C. § 1681m).

Document storage: Massachusetts law does not specify how long landlords must keep screening reports or denied applications. With that in mind, many landlords retain these records for 1 to 2 years as a best practice to help defend against potential legal disputes.