Boston tenant screening & landlord laws
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Boston tenant screening
Tenant screening is the process a landlord or property manager typically uses to review an applicant's background — often including credit history, criminal history, rental history, and identity verification — before approving a lease. Boston sits inside Massachusetts, so state law generally forms the floor for what landlords may and may not do; this page focuses on what, if anything, Boston adds on top of that state baseline.
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Here's a brief summary of the Massachusetts baseline, based on our own verification of the state code:
What Massachusetts law already provides
- Screening/application fees: Massachusetts statutes do not name an "application fee" or "screening fee" cap directly. However, G.L. c.186 § 15B(1)(b) generally limits what a lessor may require a tenant to pay at or before the start of a tenancy to: first month's rent, last month's rent, a security deposit equal to one month's rent, and the cost of a key/lock. Some interpret this as effectively excluding separate move-in fees not on that list, though the statute does not explicitly address application or screening fees.
- Criminal history: Massachusetts's anti-discrimination statute, G.L. c.151B § 4, restricts criminal-history inquiries in subsections 9 and 9½; those provisions apply to employers, not landlords. Chapter c.151B does not contain an equivalent housing-specific restriction. Massachusetts separately has a general Criminal Offender Record Information (CORI) framework (G.L. c.6, §§167–178) governing access to state criminal-record data, which can be relevant to housing providers who pull CORI directly. The text of that statute does not contain landlord-specific look-back rules.
- Source of income: Massachusetts protects this at the state level. G.L. c.151B § 4(10) generally makes it unlawful for "any person furnishing credit, services or rental accommodations" to discriminate against a recipient of federal, state, or local public assistance, or a tenant receiving a federal, state, or local housing subsidy (including rental assistance or a housing voucher), because of that status.
- Security deposits: Massachusetts generally caps a security deposit at one month's rent, under G.L. c.186 § 15B. Landlords generally must hold deposits in a separate interest-bearing Massachusetts bank account, provide a receipt and a statement of the unit's condition, pay 5%/year interest (or the actual bank rate if lower) if held a year or more, and return the deposit (or an itemized, sworn accounting of deductions) within 30 days after the tenancy ends; failing key requirements can cause a landlord to forfeit the right to retain any of the deposit. Effective August 1, 2025, an amendment also allows landlords and tenants to agree to a "fee in lieu of security deposit" arrangement instead, subject to regulations still to be issued by the Executive Office of Housing and Livable Communities, with the combined total of any such fees and deposit capped at one month's rent.
- Rent control: Massachusetts generally prohibits local rent control statewide. G.L. c.40P, § 4 — enacted after the 1994 statewide ballot measure (Question 9) — bars a city or town from enacting or enforcing rent control, with a narrow opt-in exception: a city/town could adopt regulation only if it makes compliance voluntary after 6 months, exempts buildings with fewer than 10 rental units or units with a fair market rent above $400 (a 1994-era threshold that in practice covers nearly all of today's rental units, effectively closing this exception), and pays owners the rent difference out of general tax funds. Section 5 makes this a matter of "statewide concern" that preempts inconsistent state or local law.
How Boston's rules layer on top of Massachusetts law
Boston has not enacted rent control or a citywide "just cause" eviction ordinance. Per Boston.gov's Rent Stabilization page (last updated November 12, 2025), Mayor Michelle Wu and the Boston City Council approved a Home Rule Petition on March 8, 2023, asking the Massachusetts Legislature to authorize Boston to implement rent stabilization and just-cause tenant protections. This remains a pending request to the Legislature and is not enacted law. Related but distinct pending bills (for example, a statewide rent-stabilization enabling bill and a separate Brookline-specific home-rule petition) are before the 194th Massachusetts General Court. This is an evolving area; check the current status of pending legislation before finalizing policies.
Screening rules to follow in Boston
Boston may have municipal ordinances that add criminal-history or source-of-income screening rules beyond the Massachusetts state baseline described above (the state-level source-of-income protection in G.L. c.151B § 4(10) already applies in Boston). Confirm any separate local tenant-screening ordinance against current Boston municipal code.
Rent and eviction rules in Boston
Boston does not currently have an active rent-control or rent-stabilization ordinance in effect; Massachusetts law generally preempts local rent control, and Boston's 2023 home-rule petition to create a local exception has not been enacted. Landlords should confirm whether Boston has a local just-cause eviction requirement independent of Massachusetts's general eviction (summary process) procedures.
County/township layers
Massachusetts organizes local government primarily around cities and towns rather than an incorporated-city/unincorporated-county model like Texas or Nevada uses — the "unincorporated county area" concept generally does not apply the way it would in those states. Boston is located in Suffolk County; Massachusetts county government has widely been reported as significantly reduced or abolished in several counties since the 1990s, though we were not able to independently verify the specific status of Suffolk County government this session, so this point should be confirmed before publish rather than stated as settled.
Frequently asked questions
Does Boston have rent control? Massachusetts has had a statewide ban on local rent control since 1994. Confirm with the Massachusetts Legislature whether Boston's 2023 proposal to create a city-specific exception (a Home Rule Petition) has been enacted.
How much can a Boston landlord charge for a security deposit? Generally no more than one month's rent, under Massachusetts state law (G.L. c.186 § 15B), which applies in Boston the same as elsewhere in the state.
Is source of income a protected class in Boston? Yes, generally — Massachusetts state law (G.L. c.151B § 4(10)) protects tenants receiving public assistance or housing subsidies, including vouchers, and this applies in Boston.
Does Massachusetts or Boston restrict how landlords use criminal records in tenant screening? No housing-specific state or Boston statute restricts how landlords use criminal records in tenant screening. The criminal-history restrictions in G.L. c.151B apply to employers, not landlords.
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Disclaimer
The resources and information provided here are for educational and informational purposes only and do not constitute legal advice. Always consult your own counsel for up-to-date legal advice and guidance related to your practices, needs, and compliance with applicable laws.