Code of Massachusetts Regulations
803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES
Title 803 CMR 5.00 - Criminal Offender Record Information (CORI) - Housing
Section 5.14 - Adverse Housing Decision Based on CORI or Other Criminal History Information
Universal Citation: 803 MA Code of Regs 803.5
Current through Register 1531, September 27, 2024
(1) Before taking adverse action on an individual's application for housing based on CORI or criminal history information, a landlord, property management company, or real estate agent shall:
(a) comply with applicable
federal and state laws and regulations;
(b) notify the housing applicant in person,
by telephone, fax, or electronic or hard copy correspondence of the potential
adverse housing action.
(c) if the
CORI or other criminal history information was received from a CRA, provide the
housing applicant with a pre-adverse action disclosure that includes a copy of
the housing applicant's consumer report and a copy of A Summary of Your Rights
Under the Fair Credit Reporting Act, published by the Federal Trade Commission
and obtained from the CRA, by meeting the housing applicant in person, by
telephone, by electronic communication, by fax, or by hard copy
correspondence.
(d) provide the
applicant with a copy of his or her CORI or other criminal history, and
disclose the source of the criminal history information;
(e) provide a copy of the entity's CORI
Policy, if applicable;
(f) identify
the information that is the basis for the potential adverse action;
(g) provide the applicant with the
opportunity to dispute the accuracy of the information;
(h) when CORI is considered as a part of a
potential adverse action, provide the applicant with a copy of DCJIS
information regarding the process for correcting CORI; and
(i) document all steps taken to comply with
803
CMR 5.14(1).
(2) A public housing authority or property management company that administers asubsidized housing program for qualifying subsidized housing units that takes an adverse housing action based on CORI or criminal history information shall:
(a) comply with applicable federal and state
laws and regulations pertaining to suitability for subsidized
housing;
(b) notify the housing
applicant in person, by telephone, fax, or electronic or hard copy
correspondence of the adverse housing action.
(c) if the CORI or other criminal history
information was received from a CRA, provide the housing applicant with a
pre-adverse action disclosure that includes a copy of the housing applicant's
consumer report and a copy of A Summary of Your Rights Under the Fair Credit
Reporting Act, published by the Federal Trade Commission and obtained from the
CRA, by meeting the housing applicant in person, by telephone, by electronic
communication, by fax, or by hard copy correspondence.
(d) provide a copy of the housing applicant's
CORI or criminal history information and disclose the source of the criminal
history information;
(e) provide a
copy of the entity's CORI Policy, if applicable;
(f) identify the information that is the
basis for the potential adverse action;
(g) provide information regarding the process
to appeal the adverse decision;
(h)
when CORI is considered as a part of a potential adverse action, provide DCJIS
information concerning the process for correcting a criminal record;
and
(i) document all steps taken to
comply with
803
CMR 5.14(2).
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