Overview of Housing Discrimination

Learn about the different forms of housing discrimination and protections under Massachusetts law.

The MCAD is empowered by statute to enforce Massachusetts laws including, M.G.L. c. 151B (Anti-discrimination Laws of the Commonwealth),  M.G.L. c. 272, §§92A, 98, 98A (Public Accommodations Law), and M.G.L. c. 111, § 199A (Lead Paint Law). In addition, the MCAD is authorized by the statute to promulgate procedural regulations, access 804 CMR 2.00: Discrimination in Housing.

These laws protect you from being treated differently or unfairly based on your membership in a protected class (i.e. race, sex, religion, national origin, sexual orientation, familial status, "handicap" [disability], veteran or military service, etc.) by your landlord, management company, or condo association. The law prohibits unfair treatment on the basis of your membership in a protected class when applying for a voucher, housing services, credit and financing for a home or commercial real estate property.

Table of Contents

Overview

As a property owner, landlord, property manager, mortgage lender, housing authority, voucher administrator, and/or real estate agent, it is illegal to do the following based on an individual's membership in a protected class:           

  • Refuse to rent, sell, or negotiate housing or commercial property
  • Represent a dwelling as unavailable to push the prospective tenant to another location based on a protected category. This is a discriminatory practice called “steering”
  • Provide different lease, sale terms, or privileges to different people
  • Set different conditions or privileges for sale or rental of a property
  • Deny access to or membership in a facility or service related to the sale or rental of housing
  • Impose different rates and terms on a loan
  • Refuse to make a mortgage loan
  • Discriminate when appraising property
  • Make discriminatory inquiries
  • Create discriminatory advertisements for a property

Disability Discrimination

It is illegal to refuse to rent, sell, or deal with a person, or otherwise deny a unit or make it unavailable due to a disability [or "handicap"]. This includes discriminating in the terms, conditions, or privileges of a sale, rental, occupancy, or services, falsely representing that a unit is not available, limiting access to brokerage services, or selectively enforcing land use, zoning, or other ordinances due to a disability. 

A landlord may not ask an applicant whether the applicant, the applicant’s family, or any friend or associate has a disability. A landlord may not inquire about the nature or severity of the disability and cannot require the production of medical records. Landlords should additionally not attempt to assess whether an applicant is capable of living independently, only whether the applicant meets essential eligibility requirements as per the terms of tenancy in the lease agreement.

Public housing must provide reasonable accommodations and modifications based on a person's need with their disability. Private housing with 10 or more units must provide modifications at the expense of the owner. Failing to make a reasonable accommodation in rules, policies, practices, or services after a request from a person with a disability, or otherwise refusing to permit a person with a disability to make reasonable modifications at their own expense, is illegal.

The American Disabilities Act (ADA) is integrated into Massachusetts law.

Service Animals and Emotional Support Animals

Service animals and emotional support animals are common requests for a reasonable accommodation in housing based on a person's disability.

Service animals and emotional support animals are animals who provide assistance or emotional support to an individual with a disability. In Massachusetts, there are no licensing or certification requirements for service animals.

Families with Children and Familial Status

It is illegal to refuse to sell or rent a dwelling to a family based solely on the fact that the family includes children. Refusal to rent or lease any accommodations to any person because the person has a child or because children will occupy the premises with such a person is illegal. The law prohibits unfair or different treatment of families with children.

In addition, it is illegal to refuse to sell or rent a dwelling or treat a someone differently based solely on the familial status of the individual(s).

Lead Paint

It is illegal to refuse to sell or rent a dwelling due to the presence of lead paint in the dwelling. It is also illegal to refuse to sell or rent a dwelling because it would trigger a duty to remove lead paint.

Similarly, a landlord cannot evict or refuse to rent/renew a lease to families with children under six (6) years old due to lead paint compliance.

The Lead Law requires the removal or covering of lead paint hazards in homes built before 1978. Owners of rental properties are legally responsible for any lead poisoning of a child resulting from lead hazards in the rental property. Refusal to rent or steering families with small children from properties with lead paint present is illegal under Massachusetts law.

Public Assistance

It is illegal to discriminate against potential or current tenants based on receipt of public assistance or refuse to cooperate with the process or requirements of the public assistance program, including Section 8, SSDI, Residential Assistance for Families in Transition (RAFT), and Medicare assistance.

Discriminatory Advertisements

It is illegal to make, print, publish or cause to be made, printed or published in any media, any notice, statement or advertisement, with respect to the sale or rental of a dwelling, that indicates any preference, limitation, or discrimination because of a protected class. An example of discriminatory advertisements would be listing a dwelling with a sign that says: "No Section 8" or "No Kids"

Contact   for Overview of Housing Discrimination

Fax

MCAD Boston (617) 994-6024
MCAD Springfield (413) 784-1056
MCAD Worcester (508) 755-3861

Address

MCAD Boston
1 Ashburton Place, Suite 601, Boston, MA 02108
MCAD Springfield
436 Dwight Street, Room 220, Springfield, MA 01103
MCAD Worcester
18 Chestnut Street, Room 520, Worcester, MA 01608
Last updated: July 29, 2024

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