You certainly can discriminate against people who have had an eviction, as you can discriminate for many other reasons, such as insufficient income or certain types of criminal convictions.

I'm going to use SmartMove for my credit and criminal background checks. 

He has a clean background (no criminal activity) and no evictions came up on the credit/background search. 

It has nothing to do with criminal or wrongful intent.

Do your background check, criminal check and whatever else you do.I think the only thing you need to add is a "co-signer" check.

@Mike Hurney , @Shaun Reilly: Where do you guys go to search for tenant's eviction, criminal/sex offendor history in MA?

The law says that you can not be enriched by your own criminal actions, so the insurance paid off the mortgage holder(s) but not the owner.

My major concern of unauthorized occupants are their criminal backgrounds, that I have no way to know and check.

I assume this came up because you said you'd do a criminal background check?

And you know what they say about criminals and recidivism.