Massachusetts limits money more than questions: before a tenancy starts, a landlord may require only four payments, and an application fee is not one of them. Its anti-discrimination law also bars inquiries about protected traits and protects renters who receive rental assistance.
What can you ask a prospect on the first call or message?
Ask about the unit, the timing and your criteria, the same way for everyone. Leave payments and background questions for later.
Questions that are fine on first contact:
- When do you want to move in, and for how long?
- How many people will live in the unit? Reasonable occupancy limits are allowed (42 U.S.C. 3607).
- Do you have pets? An assistance animal for a person with a disability is not a pet, and refusing a reasonable accommodation is unlawful (24 CFR 100.204).
- What rent range works for you, and would you like to see our screening criteria?
Do not quote an application fee or ask for a deposit to hold the unit. At or before the start of a tenancy, neither the landlord nor its agent may require a tenant or prospective tenant to pay more than the first month’s rent, the last month’s rent, a security deposit equal to the first month’s rent, and the cost of buying and installing a lock and key (G.L. c. 186, s. 15B). A fee or deposit to hold an apartment is not on that list.
Leave criminal history out of the first conversation too. If you hold an applicant’s criminal record, from the state or any other source, you must give them a copy before you question them about it (G.L. c. 6, s. 171A).
What should you never ask?
Massachusetts bars any written or oral inquiry or record concerning race, religious creed, color, national origin, sex, gender identity, sexual orientation, age, genetic information, ancestry or marital status, or concerning whether a person is a veteran or member of the armed forces, or is blind, hearing impaired or has any other handicap (G.L. c. 151B, s. 4(6)). These sit on top of the federal classes (42 U.S.C. 3604).
Questions to keep off every call, text and form:
- “Where is your family from?” or “What church do you go to?”
- “Are you married?” or “Is the other adult your partner?”
- “Do you have kids?” You may not refuse to rent because a person has children who will live in the unit, with narrow exemptions such as renting one unit of a two-family home whose other unit the owner lives in (G.L. c. 151B, s. 4(11)).
- “Do you have a disability?” Federal rules ban asking whether an applicant has a disability or how severe it is, though you may ask all applicants whether they can meet the tenancy’s requirements (24 CFR 100.202(c)).
- “Is that Section 8? We don’t take programs.” See the next section.
Does Massachusetts protect renters who use rental assistance?
Yes. You may not discriminate against someone who receives public assistance, rental assistance or a housing subsidy because they receive it, or because of any requirement of the program (G.L. c. 151B, s. 4(10)). A program’s own requirements are therefore not a lawful reason to turn an applicant away either.
What can the rental application ask for?
The application can ask for identity details, rental history, employment and income, and consent to a credit check, asked of everyone the same way. It cannot come with a fee (see below).
If the application asks about prior eviction cases, it must include a statement, worded in the statute, telling applicants that someone with a sealed eviction record may answer “no record” (G.L. c. 239, s. 16).
Can you check credit, criminal and eviction history?
Yes, with the applicant’s authorization. If a consumer report contributes to a denial, a co-signer requirement, a larger deposit or higher rent, send an adverse action notice naming the reporting company and explaining the right to a free report within 60 days and to dispute (FTC).
Through the state’s criminal offender record information (CORI) system, a landlord evaluating applicants for rental or lease of housing can obtain pending charges, including cases continued without a finding until they are dismissed. It can also obtain misdemeanor convictions for 5 years and felony convictions for 10 years after disposition, counting from the end of any incarceration or custody (G.L. c. 6, s. 172). You must confirm that you checked the applicant’s government-issued ID.
Whatever the source of a record, give the applicant a copy before questioning them about it, and again if you make an adverse decision based on it, unless they already have it (G.L. c. 6, s. 171A). If you run five or more criminal background checks a year, keep a written CORI policy that warns applicants of a potential adverse decision, gives them a copy of the record and the policy, and explains how to correct a record.
For evictions, tenants can petition to seal some court records, including no-fault cases once they end, cases dismissed or decided for the tenant, and, under conditions, older nonpayment cases (G.L. c. 239, s. 16). A consumer reporting agency may not disclose a sealed eviction record or use it in a score or recommendation, unless the record was open for inspection at the court within 30 days of the report date. Federal law also bars reporting civil suits and civil judgments more than seven years old, unless the statute of limitations runs longer (15 U.S.C. 1681c).
Are application or screening fees allowed?
No. The list of what a landlord may require at or before the start of a tenancy has four items, and an application or screening fee is not one of them (G.L. c. 186, s. 15B(1)(b)). Since August 1, 2025, the limit also names the landlord’s agent and covers payments to the agent as well as to the landlord.
What about security deposits?
The deposit may not exceed the first month’s rent, and the statute sets strict handling rules (G.L. c. 186, s. 15B):
- Give a receipt showing the amount, who received it and, if an agent received it, the landlord’s name.
- Give a separate written statement of the unit’s condition when you receive the deposit, or within ten days after the tenancy starts, whichever is later.
- Hold the deposit in a separate, interest-bearing account in a bank located in Massachusetts, and within 30 days give the tenant a receipt naming the bank.
- Return the deposit, or the balance owed, within 30 days after the tenancy ends.
Failing to hold the deposit in a proper account or to return what is owed within 30 days can cost three times the deposit, plus court costs and attorney’s fees.
At a glance
| Rule | Massachusetts | Source |
|---|---|---|
| Payments before the tenancy | First and last month’s rent, a deposit up to the first month’s rent, a lock and key; nothing else | c. 186, s. 15B |
| Application or screening fee | Not on the permitted list | c. 186, s. 15B |
| Security deposit | Up to the first month’s rent; separate Massachusetts bank account; return within 30 days | c. 186, s. 15B |
| Rental assistance | Protected, including the program’s requirements | c. 151B, s. 4 |
| Criminal records | CORI shows pending charges, misdemeanors for 5 years and felonies for 10; copy to the applicant before questioning | c. 6, s. 171A, s. 172 |
| Eviction records | Sealed records cannot be reported; applicants may answer that they have no record | c. 239, s. 16 |