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HOMES Act

About the Bill
Bill Highlights
Contact Your Legislators
Talking Points & Sample Tweets
Write a Letter to the Editor
Read More
About the Bill
Highlights
<br
Contact Your Legislators
Social Media
Write a Letter
Read More
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About the Bill

Full title: An Act Promoting Housing Opportunity and Mobility through Eviction Sealing (S.921 / H.1808)

Lead Sponsors: Sen. Joseph Boncore; Rep. Mike Moran

Committee: Joint Committee on the Judiciary

Status: Redrafted as H.4505 and reported out of Judiciary and then reported thereafter out of House Steering, Policy and Scheduling Committee

The Issue

Having an eviction record is creating a devastating barrier for tenants looking for housing. Since 1988, over 1 million eviction cases have been filed in Massachusetts. Records are created as soon as a case is filed and are publicly available forever–– regardless of the outcome. These records impact people’s ability to obtain housing, credit, and employment, harming many and disproportionately impacting women and people of color.

Regardless of whether one does anything wrong or is actually evicted, being party to an eviction or housing case is being unfairly held against tenants when they try to rent a new place. Even winning in court hurts tenants. Eviction records should only be online, publicly available, or reported by a tenant screening company when a landlord wins on the merits or a tenant breaks an agreement and is evicted by a constable. It’s time for Massachusetts to seal eviction records, expand housing options, and protect kids.

The Solution

The HOMES Act would protect tenants from being unfairly branded with an eviction record if they don’t have a judgment against them, if they weren’t actually evicted, or if they didn’t do anything wrong. It also creates a process for eviction sealing––currently, criminal records can be sealed but civil eviction records are always open.

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Highlights

The House version of the legislation strongly resembles language passed overwhelmingly by the legislature but vetoed by the Governor in the final days of the legislation session, but the Senate bill goes further.

The House bill does the following:

  • Establishes a process to seal fault evictions 3 years after the eviction takes place, and to seal no-fault evictions immediately.
  • Seals evictions when a judgement is satisfied (e.g., owed rent paid).
  • Makes it illegal for a tenant screening company or landlord to use or report a sealed court record.
  • Makes it illegal to name minors or others not responsible for the rent as a defendant in an eviction cases

The Senate bill includes these measures but presents a more comprehensive overhaul which:

  • Seals all eviction cases as soon as they are filed and while they are pending, until an allegation is proven.
  • Seals no-fault evictions and certain other cases, e.g., when tenants are seeking to get repairs made.
  • Makes non-payment and fault eviction cases publicly available when there is a judgment against the tenant on the merits, or there is an agreement for judgment and the tenant has actually been evicted.
  • Seals all eviction records after 3 years and provides a process to seal records for good cause before then
  • Creates a process for parties to correct errors in eviction records.
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Contact Your Legislators

Find your legislators’ contact information here.

You can also email the Senate President and House Speaker here. 

 

I was grateful earlier this year [in 2022: last year] when the Legislature included eviction sealing language in the final economic development bill of the last legislative session. Housing instability was already at a crisis point in many communities in the Commonwealth pre-COVID, and the pandemic and recession have made it even worse, with the eviction crisis hitting communities of color especially hard.

Unfortunately, Governor Baker vetoed these important measures, but the Legislature has the opportunity to continue to champion housing stability by passing the HOMES Act (H.4505). These bills include necessary provisions to make sure that housing instability doesn’t become a vicious cycle in which evictions–including no-fault evictions and evictions where one of the tenants is a mere child–make it harder for people to obtain housing in the future.

Please pass the HOMES Act agian as an essential part of our recovery from COVID and recession.

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Talking Points & Sample Tweets

  • Having an eviction record is creating a devastating barrier for tenants looking for housing. Passing the #HOMESAct and allowing for eviction sealing will put us on the path toward housing stability.
  • Evictions are a stain on tenants’ record even when they did nothing wrong. We need to pass the #HOMESAct and enable the sealing of eviction records.
  • Eviction records can have a harmful impact on people’s ability to obtain housing, credit, and employment. Let’s allow for the sealing of eviction records and pass the #HOMESAct.
  • Even winning in eviction court hurts tenants, as the records of a case *even happening* can be used against them. Let’s pass the #HOMESAct and seal eviction records.
  • Putting eviction records online has given rise to their use as a free and unregulated tenant screening service. We need to seal eviction records and pass the #HOMESAct.
  • We were in a housing instability crisis, and COVID-19 has only made it worse, with evictions rising. We need to promote housing stability by passing the #HOMESAct.
  • Too many MA residents are trapped in a vicious cycle of housing instability, in which eviction records can prevent their ability to obtain housing. It’s time to pass the #HOMESAct.
  • The eviction crisis hits communities of color especially hard. Eviction sealing is a fundamental racial justice issue. It’s time to pass the #HOMESAct.
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Write a Letter to the Editor

Adapt the template below! Or email us at issues@progressivemass.com for help!

I was grateful earlier this year [in 2022: last year] when the Legislature culminated the last legislative session by passing eviction sealing language in the final economic development bill. Housing instability was already at a crisis point in many communities in the Commonwealth pre-COVID, and the pandemic and recession have made it even worse, with the eviction crisis hitting communities of color especially hard.

Unfortunately, Governor Baker, showing his true colors, vetoed these important measures. But the Legislature has the opportunity to act once again by passing the HOMES Act (S.921 / H.1808). These bills include necessary provisions to make sure that housing instability doesn’t become a vicious cycle in which evictions make it harder for people to obtain housing in the future.

Evictions are a stain on a tenant’s record even when they did nothing wrong. Indeed, even winning in eviction court hurts tenants, as the very existence of the record can be held against them by landlords. Putting eviction records online has created an unregulated tenant screening service, with a harmful impact on people’s ability to obtain housing, credit, and employment.

As we fight for an equitable recovery from COVID, housing stability must be at the top of our minds, and the HOMES Act will help us correct an often overlooked injustice.

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