A new law was recently signed by Governor Healey in Massachusetts that aims to protect tenants from the negative impact of eviction records. This law, part of the Affordable Homes Act, allows tenants to seal certain eviction records from public view and prevents these records from appearing on credit reports. It will come into effect on May 5, 2025.
What This Law Means for Tenants and Landlords
The goal of the law is to help tenants find housing without being blocked by past eviction records, which can be caused by financial difficulties. Tenant advocates believe this will reduce housing discrimination, but landlords are concerned. They often rely on eviction records as a key part of tenant screening and fear this change could make it harder to assess renters. Some landlords may respond by requiring higher credit scores or income levels for applicants.
Under this new law, the tenant has to take action to get their eviction record sealed. If they don’t apply to have it sealed, it will still be publicly available. But once a tenant does apply, the process of sealing the record is quick and easy, and landlords might not even know the record was sealed.
Different Rules for Different Types of Evictions
Here’s how the law handles different types of eviction cases:
No-Fault Evictions
A no-fault eviction happens when a tenant is evicted for reasons unrelated to their behavior, such as when a landlord decides to sell the property. In these cases, tenants can apply to have their record sealed. If the landlord doesn’t object within seven days, the court will approve the request without a hearing.
Non-Payment of Rent
For cases where tenants were evicted for not paying rent, they can apply to seal their record if they have had no evictions in the last four years. The tenant also needs to prove that financial hardship was the reason for the non-payment. Again, the landlord has seven days to object, and if they don’t, the court will automatically seal the record.
Evictions for Serious Issues (At-Fault Cases)
Evictions involving serious lease violations, such as criminal activity or property damage, are called at-fault cases. Tenants can apply to have these records sealed if they have been eviction-free for seven years. If the landlord doesn’t object within seven days, the court will typically seal the record. For certain criminal-related evictions, the court will need to hold a hearing to make sure sealing the record doesn’t compromise public safety.
Dismissed Cases or Tenant Wins
If a tenant wins the eviction case or the case is dismissed, the tenant can immediately apply to seal the record. The court will seal the record without notifying the landlord or holding a hearing.
Impact on Credit Reporting Agencies
This law also imposes new restrictions on credit reporting agencies. They will no longer be able to include sealed eviction records in their reports. Additionally, if an eviction record is not sealed but is still included in a report, the agency must specify the type of eviction, whether it was no-fault, non-payment, or for cause. These changes will make it difficult for credit agencies to report eviction information accurately, and many may stop reporting eviction records altogether in Massachusetts.
Changes to Rental Applications
Landlords in Massachusetts will now have to include a new disclosure in their rental applications. This allows tenants with sealed eviction records to legally answer “no record” when asked about evictions.
What Happens Next?
The law won’t be in effect until May 2025, giving the courts and credit reporting agencies time to adjust to these new rules. Landlords and rental agents will also need to update their processes. There’s still some uncertainty about how the law will be enforced and how smoothly things will run once it’s live, but for now, this new law represents a major change in tenant rights in Massachusetts.
Download Law PDF HERE
https://bostonrealestateinvestorsassociation.com/massachusetts-passes-new-law-to-help-tenants-seal-eviction-records/
Tuesday, October 22, 2024
Saturday, October 19, 2024
Just When You Thought FinCEN Couldn’t Get Any Better
FinCEN is at it again. Just when you thought government overreach couldn’t get any better, it did.
FinCEN has now published its final rules for registration of residential real estate transactions. The rules will take effect December 1, 2025.
The stated goal is to eliminate money laundering via real estate.
You personally won’t have to supply the registration information. There is a list of people or institutions involved in the transaction that will be responsible for the actual registration of the required information; the real estate agent, title company, etc.
Basically, all residential real estate transactions that don’t involve a mortgage have to be registered with FinCEN, unless title is taken in the name of an individual.
The regulations read: Transfers are reportable when they meet the following criteria: (1) the property is residential real property; (2) the transfer is non-financed; (3) the property is transferred to a legal entity or trust, and (4) an exemption does not apply.
“Residential” is defined broadly to include raw land where a residence could be built, for example. “Non-financed” is also defined broadly to include gifts, for example. The rules pick up most “entities” that you would commonly think of.
There are some exceptions, such as a transfer because of death, divorce, bankruptcy, court order, or a1031 qualified intermediary. A transfer into a standard living revocable trust would not be required to register provided it is a trust in which the individual, their spouse, or both of them, making the transfer are also the settlor or grantor of the trust. Basically, you transfer it into a trust that you created.
Between FinCEN and the digital dollar, which Biden authorized under Executive Order 14067, the government has put a lock on all it needs to do in order to see every transaction you make. Fed Now has already been implemented. I don’t know if there is any going back at this point.
I got an email today asking what could be done to keep private from the government (specifically FinCEN).
My answer is: you have to comply. Your privacy is gone. https://bostonrealestateinvestorsassociation.com/fincen-information-real-estate-investors-need-to-know/
FinCEN is at it again. Just when you thought government overreach couldn’t get any better, it did.
FinCEN has now published its final rules for registration of residential real estate transactions. The rules will take effect December 1, 2025.
The stated goal is to eliminate money laundering via real estate.
You personally won’t have to supply the registration information. There is a list of people or institutions involved in the transaction that will be responsible for the actual registration of the required information; the real estate agent, title company, etc.
Basically, all residential real estate transactions that don’t involve a mortgage have to be registered with FinCEN, unless title is taken in the name of an individual.
The regulations read: Transfers are reportable when they meet the following criteria: (1) the property is residential real property; (2) the transfer is non-financed; (3) the property is transferred to a legal entity or trust, and (4) an exemption does not apply.
“Residential” is defined broadly to include raw land where a residence could be built, for example. “Non-financed” is also defined broadly to include gifts, for example. The rules pick up most “entities” that you would commonly think of.
There are some exceptions, such as a transfer because of death, divorce, bankruptcy, court order, or a1031 qualified intermediary. A transfer into a standard living revocable trust would not be required to register provided it is a trust in which the individual, their spouse, or both of them, making the transfer are also the settlor or grantor of the trust. Basically, you transfer it into a trust that you created.
Between FinCEN and the digital dollar, which Biden authorized under Executive Order 14067, the government has put a lock on all it needs to do in order to see every transaction you make. Fed Now has already been implemented. I don’t know if there is any going back at this point.
I got an email today asking what could be done to keep private from the government (specifically FinCEN).
My answer is: you have to comply. Your privacy is gone. https://bostonrealestateinvestorsassociation.com/fincen-information-real-estate-investors-need-to-know/
Friday, October 18, 2024
Price: $9.99 - $8.49
(as of Oct 17,2024 19:12:11 UTC - Details)
Riemot Luggage Cup Holder for Suitcase: Free Your Hands, Go Travel! Traveling can be a drag, and you don't usually have a free hand to hold a drink especially with kids. But with this suitcase cup holder, you can hold two drinks now.
Instant Convenience: 3 pockets available. Instantly be able to place your phones, passports or small items in one back pocket, and put two drinks in front two pockets.
Fits Most Luggage Handles: Our cup holder is designed to fit most roll-on suitcase handles, making it easy to use and convenient for any traveler. You can adjust the magic tape to fit your luggage handles.
Durable and Machine Washable: Made of premium oxford cloth, our luggage drink holder is wear-resistant and can be easily cleaned in the washing machine.
Perfect Gift for Travelers: Whether you're a flight attendant, business traveler, or parent with kids, riemot's cup holder makes a great gift for anyone who loves to travel. Travel must haves for airport or airplane. https://investingtravels.com/travel-products/riemot-luggage-travel-cup-holder-free-hand-drink-carrier-holds-two-coffee-mugs-fits-roll-on-suitcase-handles/
Saturday, October 5, 2024
Did you know that in terms of GDP per capita, Switzerland is the third richest country in the world? That’s right – Switzerland has a total GDP per capita of $94,835. The only two wealthier countries by that metric are Luxembourg, with a total GDP per capita of $128,820 and Ireland, at $106,998.
However, it’s not just GDP per capita that indicates how wealthy Switzerland is. A 2020 report released by Credit Suisse found that Switzerland has the highest wealth per adult out of any other country in the world! In fact, the average income in Switzerland is – get this – over $696,000! Today on Across the Globe we’re going to be looking at this and delving into all the reasons behind how Switzerland is so rich.
https://investingtravels.com/travel-trends/what-are-the-reasons-behind-switzerlands-wealth/
Monday, September 23, 2024
Countries That Will Pay You to Travel There
Did you know that, according to a recent survey, most Americans spend about $2,743 on vacations each year? Well, imagine if these places that you wanted to travel to would actually pay you to visit there? Well today across the globe we are going to be looking at the countries that will pay you to travel there! Travel is clearly important to most people – even if it comes at a financial cost. In fact, over half of Americans report that they prioritize spending money on travel over hobbies, retirement savings, and even home improvements. So, we’ve compiled a list of several countries that have travel incentives in place that may make your next international trip more affordable than you ever thought possible! So let's get to it.
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#freetravel #travel #acrosstheglobe
https://investingtravels.com/travel-trends/countries-that-offer-paid-travel-opportunities/
Saturday, September 21, 2024
If a dog is man’s best friend, and diamonds are a girl’s best friend, then what is a landlord’s best friend? In my thirty-plus years in the industry, I’ve come to discover that having a written, detailed, and well- defined criteria for each of my properties has really become my best friend. And maybe even more important than having a criteria is the sharing of that criteria with all future tenants. Taking sixty seconds to share your criteria can save you from sixty days or more with an eviction and rehabbing and turning your property.
Before moving on I must state that I am happy to accept any and all applications for my property. I would never restrict someone from applying, ever, for any reason. But to save lost time and money, and to responsibly manage, here are the three ways I share the property-specific criteria that have served me best in my career.
In the Listing: If sharing your criteria is important, why not get it into the hands of your potential tenant as early as possible. I like to have it posted in the listing as a way to begin screening right out of the gate. This makes my job easier and saves me time and money as I find myself showing the property to individuals who might actually become tenants, rather than just showing it to people who are out “kicking tires” or who are filling up their free time looking at homes. For example, if you have a strict “no pets” policy for a property and you share that in the listing, the person who owns three dogs and is looking for a home can skip right by your listing and move in somewhere better suited for them. A word of caution, you never want to include anything in your criteria that falls under the seven protected classes as defined by federal law. Things like FICO scores, smoking policies, or occupancy limits are not protected classes, so feel free to use and share those. Always check with your attorney to ensure you are in compliance.
At Time of Showing: I like to present a printed version of the criteria at the time of showing. I usually don’t review it with them at that time unless they show interest in the property and begin asking questions. Usually at this point they are asking me “what does it take to qualify for this property?“ This is the perfect opportunity to review with them, line by line, exactly what the criteria consists of for that property. I’ve often had individuals see something on the criteria during this time that they had overlooked when reviewing the listing and they have eliminated themselves from consideration for the property.
When Sending the Application: Now that they have reviewed the listing and received a physical version of the property criteria at the showing, I give them one more chance to self-screen as they receive it again with their application. My intent is never to get rich off of an applicant’s $35-50 application fee, so giving them one more look at what is expected for this property at this time can save everyone in the transaction time and money. Plus, they are now physically signing off that they have received and reviewed the criteria, which helps protect you down the line if there is ever a violation in the future.
Bonus: I also include the criteria in all of my lease documentation as that is the binding contract between the two parties. With four opportunities to review the criteria, you are operating from a position of strength as a responsible and fair housing provider.
If you haven’t created a unique, well-defined criteria for each of your properties, I urge you to take the time to do that now. If you do have a criteria, please review it with your legal advisor to make sure it is current and in compliance with any new rules or laws. And once you have a clear and comprehensive criteria in place, share it with anyone and everyone that is interested in your property. Who knows, maybe you’ll make a new best friend in the process.
David Pickron- David Pickron is President of Rent Perfect, a private investigator, and fellow landlord who manages several short- and long-term rentals. Subscribe to his weekly Rent Perfect Podcast (available on YouTube, Spotify, and Apple Podcasts) to stay up to date on the latest industry news and for expert tips on how to manage your properties.
RENT PERFECT SYSTEMThe Rent Perfect system provides tools to help your buy-and-hold members work and stress less, giving them time and freedom to enjoy thefruits of their investments. We use technology to streamline the rental process, starting with the initial application and screening process, lease signing, and payment collection. Our podcasts, industry articles, and video series provide valuable, timely free education. BREIA MEMBER DISCOUNTREIA Members can create a Rent Perfect account for a one-time fee of just 95 cents using your referral link. The applicants can pay the rental applicationfee, giving your members access to time and money-saving tools for less than a dollar. See full pricing details in the services section of this packet.Members must sign up using the National REIA referral link to get the discount.
https://isc01.iscscreening.com/iscscreening/partnerClientRegistration.do?action=2&number=79
LANDING PAGE WITH VIDEO: https://uf245-9ef74e.pages.infusionsoft.net/
https://bostonrealestateinvestorsassociation.com/?p=12386
Tuesday, September 17, 2024
Remember that scene in "Mission: Impossible" when they make a voice sample of their target by having them read a set of sentences so they can work up an entire voice match? They then use that to disguise their own voice while they're wearing the mask of the person they are impersonating. (now that I think about it, it isn't just one scene, they do it a lot!) Anyway... What if you could do the same? Especially when leaving voicemails for motivated sellers that didn't answer their phone? It would really speed you up. Because you'd be skipping the mundane part of leaving the same-old message yet again for the umpteenth time, and you'd be able to move on quicker to tasks that actually produce better results for you. Enter DealMachine. It has this very slick Mission: Impossible style functionality. How? You make a sample of your voice, and then when a motivated seller doesn't answer your call, the DealMachine AI system automatically produces a customized message and leaves it on their voicemail. Yes, a CUSTOMIZED voicemail saying their name and address that will get their attention, not just a generic message that would get ignored. All without any additional time-consuming work on your part. Awesome? We certainly think so. And it's one of the many cool things included for you to use during your 7-day no-cost trial. Simply go here:National REIA's Special DealMachine 7-Day Trial
https://www.dealmachine.com/nreia
https://bostonrealestateinvestorsassociation.com/applying-tom-cruises-mission-impossible-antics-into-your-business/
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