Best bet
Disability rights in housing, Massachusetts Office on Disability.
A comprehensive resource for information relating to the rights of people with disabilities in housing. You can also use MOD's contact form to request guidance on your specific situation.
Massachusetts laws
Main laws
Article CXIV of the Massachusetts Constitution
Added in 1980. "No otherwise qualified handicapped individual shall, solely by reason of his handicap, be excluded from the participation in, denied the benefits of, or be subject to discrimination under any program or activity within the commonwealth."
MGL c. 93, § 103 Equal rights; age and handicap; violations; remedies
Mass. Equal Rights Act (MERA). Everyone in the commonwealth, regardless of age or handicap, has the right to inherit, purchase, lease, sell, hold and convey real and personal property.
MGL c. 151B Unlawful discrimination because of race, color, religious creed, national origin, ancestry or sex
State law also prohibits discrimination against people with disabilities.
- § 1 Definitions
Definitions include the terms "handicap", "qualified handicapped person", and housing terminology for the purposes of c.151B. - § 4 Unlawful practices
Prohibits discrimination against protected classes, including people with disabilities.- § 4(3B) Prohibits discrimination in mortgage lending
- § 4(6) and (7) Prohibits housing discrimination (renting, buying & selling)
- § 4(7A) Reasonable modifications to housing
- § 4(10) Prohibits discrimination against those who receive government assistance
Additional laws
MGL c. 12, § 11I Violations of constitutional rights; civil actions by aggrieved persons; costs and fees
Individuals may bring a civil action against a person or persons who violate their constitutional rights.
MGL c. 40A, § 3 Subjects which zoning may not regulate; exemptions; public hearings; temporary manufactured home residences
"Notwithstanding any general or special law to the contrary, local land use and health and safety laws, regulations, practices, ordinances, by-laws and decisions of a city or town shall not discriminate against a disabled person."
MGL c. 59, § 5 Property; exemptions
State-level property tax exemptions are available for property owners who are legally blind and for veterans with different levels of disability. It's recommended to check with your city or town for any local exemption or abatement programs they may offer.
MGL c. 121B Housing and urban renewal
- § 1 Definitions
Defines ''Handicapped persons of low income'' and ''Elderly persons of low income" for the purposes of c.121B. - § 39 Power to provide housing for elderly and handicapped persons of low income; priorities in placement
- § 40 Provisions applicable to housing for elderly and handicapped persons of low income
MGL c. 188, § 2 Homestead protection for elderly or disabled persons
See also: Law about service animals
Massachusetts regulations
State regulations
220 CMR 25.00 Billing and termination procedures of the Department of Public Utilities
Includes procedures relating to the termination of service to elderly persons and customers experiencing serious illness.
521 CMR Architectural Access Board
- 521 CMR 9.00 Multiple dwellings
Governs accessibility standards for multiple dwellings, which are buildings with three or more dwelling units that are used for lodging or residential purposes for hire, rent, lease, or sale.
760 CMR 5.00 Eligibility and selection criteria (State-aided housing)
- 5.07 Eligibility of handicapped persons
804 CMR 2.00 Discrimination in housing (Massachusetts Commission Against Discrimination)
- 2.03 Housing discrimination on the basis of handicap
Local regulations
Massachusetts city and town ordinances and by-laws
Check local ordinances and by-laws for fair housing laws adopted by your city or town.
Federal laws
12 U.S.C. § 1701r-1 Pet ownership in assisted rental housing for the elderly or handicapped (Federal Pet Law)
29 U.S.C. § 794 Nondiscrimination under Federal grants and programs (Section 504 of the Rehabilitation Act of 1973)
Protects individuals with disabilities from being excluded, denied benefits, or discriminated against by entities that receive federal funds. This includes organizations that provide housing.
42 U.S.C. §§ 12131-12133 Prohibition against discrimination and other generally applicable provisions
Also applies to public housing authorities and state housing finance agencies.
42 U.S.C. § 12182 Prohibition of discrimination by public accommodations
"Public accommodation", as defined in § 12181, includes homeless shelters, community residences, single-room occupancy dwellings, motels, hotels, and other places of lodging.
42 U.S.C. §§ 3601 et seq. Federal Fair Housing Act
Prohibits housing discrimination based on disability, including mortgage lending and other types of real estate loans.
- § 3604 Discrimination in the sale or rental of housing and other prohibited practices
Federal regulations
24 CFR §§ 5.300 et seq. Pet ownership for the elderly or persons with disabilities
24 CFR Parts 100 et seq. Federal Fair Housing Act
- § 100.200 et seq. Prohibition against discrimination because of handicap
28 CFR Part 35 Nondiscrimination on the basis of disability in state and local government services (Title II of the Americans with Disabilities Act)
Also applies to public housing authorities and state housing finance agencies.
28 CFR Part 36 Nondiscrimination on the basis of disability by public accommodations and in commercial facilities (Title III of the Americans with Disabilities Act)
"Public accommodation", as defined in 42 U.S.C. § 12181, includes homeless shelters, community residences, single-room occupancy dwellings, motels, hotels, and other places of lodging.
Selected cases
Cummings v. Premier Rehab Keller, P.L.L.C., 596 U.S. 212 (2022)
Supreme Court held that emotional distress damages are not recoverable in private actions brought to enforce the Rehabilitation Act or Affordable Care Act.
Olmstead v. L.C., 527 U.S. 581 (1999)
Right to live integrated within communities. "Under Title II, the court concluded, unnecessary institutional segregation constitutes discrimination per se, which cannot be justified by a lack of funding."
Schmidt v. Boston Housing Authority, 505 F.Supp. 988 (1981)
Discriminatory intent does not need to be proven in cases of violations of the Fair Housing Act.
- See also: Macone v. Town of Wakefield, 277 F.3d 1 (2002) "To prove a violation of the Fair Housing Act, appellants can show either discriminatory intent or disparate impact."
Agencies and filing complaints
Enforcement agencies
| Agency | File a complaint |
|---|---|
| Massachusetts Commission Against Discrimination (MCAD) One Ashburton Place, Suite 601 Boston, MA 02108 Main: (617) 994-6000 TTY: (617) 994-6196 | File a complaint of discrimination MCAD enforces and investigates violations of MGL 151B, including housing discrimination and other complaints falling under its jurisdiction. |
| Massachusetts Attorney General's Civil Rights Division Main: (617) 963-2917 (Mass relay dial 7-1-1 and connect via main number) | File a civil rights complaint The Attorney General's Civil Rights Division helps with civil rights complaints. It also makes sure laws are followed and can mediate disputes. If you're having issues with your landlord, you can ask the Division for help. |
| Boston Regional Office of Fair Housing and Equal Opportunity U.S. Department of Housing and Urban Development Thomas P. O'Neill, Jr. Federal Building 10 Causeway Street, Room 308 Boston, Massachusetts 02222 (617) 994-8300 (800) 827-5005 TTY: (800) 877-8339 | Report housing discrimination The Office of Fair Housing and Equal Opportunity enforces Fair Housing Act and investigates violations. |
Technical information and guidance
Massachusetts Office on Disability
One Ashburton Place, Room 1305
Boston, MA 02108
Main: (617) 727-7440
MOD provides information and technical guidance on disability rights. You can also use MOD's contact form to request guidance on your specific situation.
Legal help and housing resources
Legal help services
Disability Law Center (DLC)
A statewide organization that provides protection and advocacy for Massachusetts residents with disabilities.
Mass Fair Housing Center (MFHC)
"Provides free legal services to those who have experienced housing discrimination in Berkshire, Franklin, Hampshire, Hampden, and Worcester counties."
Housing resources
Housing resources for people with disabilities, Housing and Livable Communities (EOHLC) and Mass. Office on Disability (MOD).
Provides housing information, as well as different types of services and supports that help with finding affordable, emergency, and accessible housing.
Tenancy Preservation Program, Mass. Housing Court.
A homelessness prevention program that helps find solutions to disability-related issues for people facing eviction.
Web sources
Accessibility requirements for buildings, Office of Fair Housing and Equal Opportunity.
"The following provides information on the housing accessibility requirements for both private and Federally assisted housing."
Assistance animals in housing, Mass. Office on Disability
This page will help people understand the rights and responsibilities associated with service animals and emotional support animals in housing.
Disability, U.S. Dept. of Housing and Urban Development, Office of Fair Housing and Equal Opportunity.
"Learn more about the many federal laws that help promote equal housing opportunity for individuals with disabilities."
Disability accommodations, Mass. Legal Help, 2023.
Accommodations in emergency shelters. Includes:
- What if a disability makes it hard for you to meet EOHLC rules or use EOHLC's services?
- What are your rights if EOHLC denies your reasonable accommodation request?
Elevator outages in housing, Massachusetts Office on Disability.
"This guidance aims to help housing providers and residents with disabilities navigate elevator outages."
Forms of housing discrimination: Discrimination based on disability, Mass. Legal Help, 2017.
Includes information for applicants who have a history of substance abuse and have been denied private or public housing. "Individuals who are not current users of illegal drugs or alcohol, but who have a history of substance abuse, are considered disabled under the anti-discrimination laws." The site also discusses the right to reasonable modifications and accommodations.
A handbook on the legal obligations and rights of public and assisted housing providers under federal and state fair housing law for applicants and tenants with disabilities, Mass. Housing, July 2015.
This handbook explains the legal obligations of housing providers and the legal rights of applicants and tenants with disabilities.
Housing discrimination under the Fair Housing Act, U.S. Department of Housing and Urban Development.
Explains the Fair Housing Act, who and what is protected, what types of housing are covered, and what is prohibited under the law.
Know your rights: Disability rights, ACLU.
Explains the rights a person with a disability has when renting a home.
Tenants' guide to eviction, Executive Office of Housing and Livable Communities.
"If the eviction was not your fault or you cannot in good faith find a place to live, you may be able to convince a judge to grant you a Stay of Execution, allowing you to stay in your apartment for up to six months. Elderly or disabled tenants can request a stay of up to one year."
Print sources
Beginner's guide to the Fair Housing Act by Amy M. Glassman, American Bar Association, Forum on Affordable Housing and Community Development Law, 2016.
Bringing and defending a fair housing case, MCLE, 2012.
Elder and disability law in Massachusetts, 1st ed., MCLE, 2023.
Legal rights of individuals with disabilities: Chapter 2: Housing rights, 3rd ed., MCLE New England, 2021.
Massachusetts discrimination law reporter: MDLR, Massachusetts Labor Relations Reporter.
Reasonable accommodations in housing demystified, MCLE, 2018.
Residential and commercial landlord-tenant practice in Massachusetts: Chapter 4: Discrimination in housing: § 4.4.3 Disability, 4th ed., MCLE, 2022.
Contact for Massachusetts law about disability rights in housing
Online
| Last updated: | October 2, 2024 |
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