Not under G.L. c. 30A, § 14, and if you appeal anyway, you must follow the appeal rules exactly. Here the Appeals Court upheld the dismissal of a discrimination complainant’s appeal because nothing in the record showed he delivered the required transcript or certification on time. The court also noted that a no probable cause finding by a local human rights commission is not a final decision a court can review under that statute. This is an unpublished Appeals Court decision under Rule 23.0, which courts may cite as persuasive but not as binding precedent.
What happened
The complainant filed a discrimination complaint against a housing provider with the Cambridge Human Rights Commission in January 2023. In October 2023, the commission found a lack of probable cause. In late December 2023, he filed a complaint in the Superior Court asking for judicial review under G.L. c. 30A, § 14. The judge granted the defendants’ motion to dismiss. He filed a notice of appeal in August 2024. Five months later, the housing provider moved to dismiss the appeal for failure to request and deliver the transcripts on time and otherwise perfect it, and a judge allowed that motion. He appealed again.
What the court decided
The Appeals Court affirmed in Criswell v. Caritas Communities Inc., No. 25-P-527 (Mass. App. Ct. December 4, 2025) (Rule 23.0 decision).
The record rule. The appellant has the burden of making sure an adequate record exists for the appeals court to review. Openshaw v. Openshaw, 493 Mass. 599 (2024). Including the parts of the transcript and the motions needed for review is a fundamental rule of civil appeals. Cameron v. Carelli, 39 Mass. App. Ct. 81 (1995).
The transcript deadline. Under Mass. R. A. P. 9 (d) (2), within 14 days after filing a notice of appeal in a civil case, the appellant must deliver to the clerk of the lower court either the transcript, a signed statement certifying it has been ordered, or a signed statement that no transcript will be ordered. The complainant blamed the clerk’s office for failing to assemble the record and file the transcripts. But he did not provide the court with his notice of appeal, the motion to dismiss, or the order he was challenging. He offered only a screenshot of an email from the city’s lawyer that seemed to confirm receiving a transcript. Nothing showed he delivered a transcript to the Superior Court clerk within 14 days, or that he perfected the appeal in the five months that followed. The court would not speculate, so it affirmed.
The bigger problem. The court added that he would have lost anyway. A preliminary finding of no probable cause is not a final agency order, so it is not reviewable under G.L. c. 30A, § 14. Grandoit v. Massachusetts Comm’n Against Discrimination, 95 Mass. App. Ct. 603 (2019). And even if it were reviewable, that statute generally requires filing within 30 days after notice of the final decision. He filed more than two months after the finding.
What this means for you
The housing provider won, and the case holds two traps for tenants and applicants who believe they faced discrimination.
First, a no probable cause finding is usually not something you can take to court for review under G.L. c. 30A, § 14. Your other options after that finding depend on the agency and the type of claim, and some come with short deadlines, so get advice quickly.
Second, appeals run on strict, short deadlines. Missing the 14 day transcript step can end an appeal before any judge looks at the merits.
What to do now
- If an agency finds no probable cause on your complaint, read the notice carefully for any deadline to request reconsideration or a hearing.
- Talk to a lawyer about whether you can file your own discrimination lawsuit, and by when.
- If you appeal a court decision, calendar the 14 day deadline under Mass. R. A. P. 9 (d) (2) and file the required transcript certification with the lower court clerk.
- Keep stamped copies of everything you file, and include the key orders and motions in your record appendix.
If this is your situation, call Doubleday Law at (617) 575-2006 or tell us what happened. Deadlines for discrimination and employment claims can be short.
