What Are Valid Reasons to Reject an Applicant in Massachusetts?

Massachusetts has its own set of requirements that landlords have to follow when trying to assess the criminal history of a potential new tenant. The state also has its own fair housing laws which go beyond the federal laws to protect more people from housing discrimination. Here are the acceptable reasons to reject an applicant in Massachusetts.

1. Ability to pay the rent

If you set clear and objective financial requirements for a tenant and the applicant doesn't meet these requirements then you're in the clear. This applies to income, employment savings and credit score. Keep in. mind, however, that if you use any financial data that you get from a credit report you're required to send an adverse action notice to the applicant, telling them in writing why you rejected their application.

FICO score can be one of these requirements, but the Fair Credit Reporting Act requires you to tell the applicant in writing that you rejected their application because of their credit score.

2. Personal preferences that don't violate the fair housing act

The Fair Housing Act shields people from housing discrimination based on race or color, religion, national origin, familial status, disability, and gender. Massachusetts' fair housing law also protects people from housing discrimination based on their age, ancestry, genetic information, gender identity, military or veteran status, marital status, section eight status or sexual orientation.

As long as your policies aren't in clear violation of fair housing then you're free to reject an applicant for whatever you want, such as a pet or because they're smokers.

3. Conviction of a crime that would threaten your property as long as you first got permission fro the applicant to check their criminal records

Although people with criminal or housing court records are not technically a protected class under the Fair Housing Act, this is a legal grey area so you should tread carefully. Massachusetts has its own in-state record of all criminal court appearances by an individual, known as Criminal Offender Record Information (CORI). When applying for a rental, a person’s CORI may be requested and the applicant has to have given permission using a special form.

If you reject someone based on their CORI you must tell them so and give them a copy of the report.

4. Too many occupants as long as none are children

If a group of college kids applies to live together in your one bedroom apartment unit then you can reject them on this basis. The only situation where number of prospective occupants is not a valid reason to reject a tenant is if those occupants are children of the applicant.

5. Eviction or broken lease records, as long as it wasn't because of domestic violence

In Massachusetts, a landlord cannot reject a prospective tenant’s application if they had to end a lease early or change their locks at a previous rental because of domestic violence.

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