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Eviction court records are creating a new barrier to housing
As soon as an eviction case is filed a tenant has an eviction record. Regardless whether they did anything wrong or were actually evicted, the mere fact that they were party to an eviction or housing case is being unfairly held against tenants when they try to rent a new place.
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Since 1988 over 1 million eviction cases have been filed in Massachusetts
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Many organizations and tenants are deeply concerned about the unrestricted availability of eviction records and the impact this has on people’s ability to obtain housing, credit, and employment, now and in the future. Many cases are decades old and the information is obsolete
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Eviction records are publicly available forever regardless of the outcome of the case
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In 2013 the Massachusetts Trial Court began putting eviction record information online. While the Trial Court’s intent was to provide parties with remote access to manage their cases, the unintended consequence is that the information is being used as a free and unregulated tenant screening service.
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The outcome of a case should matter
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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. If an eviction case is not the fault of the tenant, is dismissed, or ends with a tenant satisfying an agreement, these records should not be made public.
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Vulnerable people are at risk of eviction
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On average 40,000 people faced eviction each year before the pandemic. The numbers of evictions are starting to climb again. Having an eviction record is impacting people’s ability to find housing. Having an eviction record affects all tenants regardless of age, race, sex, income, or ability. Studies have shown that people of color are much more vulnerable to eviction, and that women with children are particularly affected.
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