Amendment #6 to H57

Universal Background Checks for Housing Program Applicants

Representatives Jones of North Reading, Ferguson of Holden, Frost of Auburn and Smola of Warren move to amend the bill by striking Section 3 and inserting in place thereof the following:-

“SECTION 3. Section 30 of chapter 23B of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by inserting after paragraph (C) the following paragraph:-

(C 1/2)(1) The executive office shall require each individual adult applicant or beneficiary to disclose on their initial or subsequent application for emergency housing assistance benefits all prior criminal convictions, whether in the commonwealth or another jurisdiction. The executive office shall not require prior convictions that have been sealed or expunged to be disclosed. Any adult applicant or beneficiary who fails to disclose prior criminal convictions consistent with this paragraph shall not be eligible for benefits and any existing benefits shall be terminated.

(2) The executive office shall require criminal background checks for each individual adult applicant or beneficiary prior to placement into the emergency housing assistance program. The executive office shall establish, through regulations, protocols on information received through these background checks.

(a) For the purposes of this section, “Background Check” shall be defined as a “a comprehensive review of an individual’s personal, criminal, and financial history, including but not limited to: criminal records at the state, federal, and international levels; employment history; education verification; immigration or residency status; financial history, including credit checks; presence on international or domestic criminal watch lists.”

(b) The background check shall be conducted by an approved and licensed entity that complies with federal, state, and local laws governing background investigations, including but not limited to the United States Fair Credit Reporting Act.

(c) The required background check shall include, but is not limited to: criminal history review, including state, national, and international records; verification of employment and education history; immigration and residency status verification through the Department of Homeland Security or its equivalent; review of financial history, including creditworthiness, if applicable to program eligibility criteria; social security number verification and identification validation; and, screening against state and federal sex offender registries and other public safety databases.

(d) Law enforcement agencies accessing data under this provision shall adhere to all applicable state and federal privacy and data protection laws.

(e) Individuals with criminal convictions related to violent crimes, sexual offenses, fraud, or other serious offenses committed within the past 10 years may be deemed ineligible for housing program participation, subject to review by the administering agency.

(f) All information obtained through the background check process and data access under this section shall be kept confidential and used solely for the purposes provided in this section.

(g) Administering agencies and law enforcement must establish secure systems for the storage and handling of sensitive information.

(h) Background check and data access procedures under this section shall comply with all applicable state and federal privacy laws, including but not limited to the General Data Protection Regulation (GDPR) for international applicants.

(i) Any agency or entity administering housing programs or managing data found in violation of this section shall be subject to penalties, including fines, suspension of funding, or other sanctions as determined by the Executive Office of Housing and Livable Communities or other applicable authorities.”

Additional co-sponsor(s) added to Amendment #6 to H57

Universal Background Checks for Housing Program Applicants