The HOMES ACT - ​​SD. 798 and HD. 1889

As soon as an eviction is filed, a tenant has an eviction record. Regardless whether a tenant did something wrong or was actually evicted, the mere fact that they were party to an eviction is unfairly being used against tenants when they try to rent an apartment. Even winning in court hurts tenants. Unlike criminal records, there is currently no process to seal eviction records, and the records are available online. 

To address this issue Senator Joe Boncore, Rep. Mike Moran, and Boston Councilor Lydia Edwards have proposed the HOMES Act – An Act Promoting Housing Opportunity and Mobility Through Eviction Sealing. 

​​SD. 798 and HD. 1889 will 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. The bills would:
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  1. Seal all eviction cases as soon as they are filed and while they pending, until and unless an allegation is proven.
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  2. Seal no-fault evictions and other types of housing cases, such as when tenants are seeking to get repairs made.

  3. Make 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.

  4. Seal all eviction records after 3 years and provide a process to seal records for good cause before the 3-year point.

  5. Provide a process for parties, their attorneys, and other representatives to view a sealed case online so they can manage their cases remotely.

  6. Create a process for parties to correct errors in eviction records.

  7. Assure that when tenants satisfy their judgments or agreements for judgment, they can seal an open record.

  8. Make it illegal for a tenant screening company or landlord to use or report a sealed court record
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Chelsea's La Colaborativa Youth Leaders meet with Boston City Councilor Edwards about the HOMES Act

Bills

SD. 798

HD. 1889

Both bills are awaiting committee assignments
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