How to Screen Tenants in Massachusetts (Legally)

You can screen tenants in Massachusetts, but you have to do it by objective, consistent criteria and stay inside fair-housing law. You may check credit, income, rental history, and references. You may not reject applicants based on a protected class, and in Massachusetts that includes source of income, so a Section 8 voucher is not a lawful reason to say no. You also generally cannot charge an application or screening fee.

The short answer

Legal screening comes down to two rules: judge every applicant by the same objective standards, and never use a protected characteristic as a factor. Write down your criteria before you advertise, apply them the same way to everyone, and document your reasons. Inconsistency is what turns a routine denial into a discrimination complaint. [verify current MA fair-housing and 15B rules.]

What you can legally ask

You can evaluate the things that actually predict a successful tenancy: verifiable income (a common benchmark is income at a multiple of rent, applied equally), credit history, prior rental history and landlord references, and employment verification. You can require these from every applicant. The key is that the standard is the same for everyone and is applied to the application, not to the person.

What you cannot ask (fair housing)

Federal and Massachusetts law protect a broad set of classes, and Massachusetts (G.L. c. 151B) goes further than federal law. Protected characteristics include race, color, national origin, religion, sex, disability, familial status, age, marital status, sexual orientation, gender identity, genetic information, veteran or military status, and source of income (including housing vouchers), among others. You cannot base a decision on any of them, and you cannot ask questions designed to reveal them. [verify the current protected-class list.]

A compliant screening process

Build a repeatable process: publish the same objective criteria to everyone, use one standard application, get written consent before running credit or background checks, evaluate each applicant against the written criteria, and keep records of what you decided and why. Consistency plus documentation is your best protection if a decision is ever questioned.

The application-fee rule in MA

This one surprises out-of-state landlords. Massachusetts strictly limits what you can charge a tenant at move-in, generally first month’s rent, last month’s rent, a security deposit up to one month, and the cost of a new lock and key. Application fees and screening fees are generally not among the allowed charges. Do not charge an application fee assuming it is standard, it usually is not lawful here. [verify current 15B move-in charge rules.]

Red flags vs. protected categories

You are allowed to act on legitimate, documented concerns: insufficient verifiable income, a poor payment history, prior evictions for cause, or falsified application information, applied consistently. You are not allowed to dress up a protected-class decision as a “red flag.” The test is whether you would reach the same conclusion for any applicant with the same objective facts. If yes, you are on solid ground. If the real reason traces back to a protected characteristic, you are not.

Screening is exactly the kind of compliance a professional manager runs every day, with consistent criteria and clean documentation. See how Green Ocean manages rentals.

Frequently asked questions

Can a landlord run a credit check in MA?

Yes, with the applicant’s consent, as long as you apply the same credit standard to everyone. Note that you generally cannot pass the cost on as an application fee.

Can I charge an application fee in Massachusetts?

Generally no. Massachusetts limits move-in charges to first month, last month, a security deposit up to one month, and a lock-and-key charge. Application and screening fees are typically not allowed. [verify]

What questions are illegal to ask?

Anything that targets a protected class, such as questions about family status, disability, religion, national origin, sexual orientation, or source of income. Ask about the application criteria, not the person.

Can I reject a Section 8 applicant?

Not because they use a voucher. Source of income is a protected class in Massachusetts, so refusing an applicant solely because they hold a Section 8 voucher is unlawful. You still apply your other objective criteria equally.

Want screening done right, every time? Green Ocean screens Boston-area applicants with consistent, fair-housing-compliant criteria so landlords stay protected. Request a proposal or call 617-487-4868. This guide is general information, not legal advice.