The Fair Chance in Housing Act adds a new chapter to Title 34 of the General Laws, establishing restrictions on the use of an applicant's criminal record by housing providers in the rental application process. Housing providers are prohibited from requiring applicants to disclose their criminal record prior to receiving a conditional offer. However, after a conditional offer is made, housing providers may consider an applicant's criminal record if it occurred within the past ten years and includes specific serious offenses. The bill also prohibits housing providers from evaluating applicants based on certain types of criminal records, such as arrests or charges that did not result in a conviction, expunged convictions, and sealed records. If a housing provider withdraws a conditional offer based on an applicant's criminal record, they must provide the applicant with written notification that includes the specific reasons for the withdrawal.

The bill also inserts new language into current law that prohibits housing providers from requiring applicants to disclose their criminal records until after a conditional offer is provided. It also prohibits housing providers from publishing housing advertisements that explicitly state they will not consider applicants with criminal records, unless permitted or required by federal law. The bill establishes civil liability for housing providers who violate these provisions, with penalties ranging from $1,000 to $10,000 for each violation. Additionally, the bill prohibits housing providers from requiring applicants to submit to drug or alcohol tests, except as required by federal law or as a condition of occupancy for a residential treatment facility. Finally, the bill requires landlords to provide written notice to prospective tenants if their rental application is denied based on credit history, stating the reason for the denial.