New Law

Tenants Can Petition Housing Courts to "Seal" Their Cases

As part of the Affordable Homes Act signed by Governor Healey on August 6, 2024, tenants will be able to have certain eviction records sealed.  Cases are broken into categories of (1) non-payment, (2) no-fault, and (3) fault, with no-fault actions being the easiest to expunge from the public record.  Non-payment cases can be sealed after four years.

Once a case is sealed it may no longer appear in credit histories and will not be available general public, with limited exceptions. Landlords will also be required to update their screening process under the statute. 

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The law provides that: "An application used to screen applicants for housing or credit that seeks information concerning prior eviction actions of the applicant shall include the following statement: 'An applicant for housing or credit with a sealed record on file with the court pursuant to section 16 of chapter 239 of the General Laws may answer ‘no record’ to an inquiry relative to that sealed court record.'"

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Brokers, agents, and landlords should update their applications as of May 5, 2025.  Anyone who might not know about the change can avoid liability, but only if they have not been issued a written warning from the Attorney General, and provided they correct the violation within 90 days of such notice.

Accessory Dwelling Units

Starting February 2, 2025, Massachusetts homeowners in single-family zoning districts will be able to build Accessory Dwelling Units (ADUs) by right, due to a new law signed in August 2024 as part of the Affordable Homes Act.

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Under the law, an ADU can be up to 900 square feet or half the size of the main house, whichever is smaller, and must have a separate entrance. Municipalities can set reasonable regulations on size, setbacks, and related aspects, but cannot impose owner-occupancy rules or excessive parking requirements.

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The Executive Office of Housing and Livable Communities (EOHLC) has finalized regulations to guide cities and towns in implementing the law. Homeowners interested in building an ADU should check with their local building departments for specific rules and permit processes.

New Home Inspection Law Effective July 15, 2025

Effective July 15, 2025, a new Massachusetts law will prohibit sellers from conditioning the sale of a property on a buyer’s waiver of a home inspection. This legislation, part of the Affordable Homes Act signed in August 2024.

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Under the law, sellers and their agents cannot require or imply that they will only accept offers from buyers who agree to waive their right to a home inspection. Additionally, sellers may not accept offers if the buyer or their agent communicates an intent to waive or limit that right before offer acceptance. Sellers or their agents must provide a written disclosure acknowledging the buyer’s right to a home inspection, which must be signed by both parties and delivered no later than the first written contract, such as the Offer to Purchase or Purchase and Sale Agreement.

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The law does includes several exemptions, such as sales between close family members, sales ordered as part of a divorce judgment, public auctions, sales to licensed home inspectors, foreclosures, short sales, deeds in lieu of foreclosure, trust transfers involving close family beneficiaries, and transactions with signed contracts dated on or before July 15, 2025.

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The Executive Office of Housing and Livable Communities is tasked with finalizing enforcement regulations, with the deadline extended to October 15, 2025, to allow for further public and industry input. Violations may result in penalties under Massachusetts’ consumer protection laws, including fines of up to $10,000.