Press Statement  Massachusetts Continues to Protect Individuals with Disabilities Who Need Assistance Animals in Housing

Boston — The Massachusetts Commission Against Discrimination (MCAD) issues this statement to clarify that Massachusetts law continues to protect individuals with disabilities who require assistance animals as a reasonable accommodation in housing under the Commonwealth’s anti-discrimination laws (M.G.L. c. 151B).

The landscape regarding assistance animals in housing recently changed at the federal level after the U.S. Department of Housing and Urban Development (HUD) rescinded its long-standing enforcement guidance on assistance animals in housing. Those federal level changes do not modify or limit the protections provided under Massachusetts law. Housing providers, real estate professionals, residents, and housing applicants remain subject to M.G.L. c. 151B and the regulations and decisions interpreting that statute. Requests that are denied solely because an animal does not meet the federal definition of a “service animal” may be in violation of Massachusetts law.

Accordingly, Massachusetts law requires housing providers to evaluate requests for reasonable accommodation on an individual basis and engage in an interactive process.  As explained in MCAD, Fortin, and Evangelista v. Marty Green Properties, et. al (2024), “assistance animal” is an umbrella term that includes service animals as well as other trained or untrained animals that provide support, including emotional support. The relevant inquiry is whether the requested accommodation is necessary to afford a person with a disability an equal opportunity to use and enjoy their dwelling. An assistance animal may provide disability-related assistance, perform tasks, or provide emotional support that alleviates one or more effects of a person's disability.

The MCAD works collaboratively with its state partners, including the Massachusetts Attorney General’s Office (AGO) and the Massachusetts Office on Disability (MOD), to promote compliance with the Massachusetts fair housing laws, which protect individuals with disabilities, and encourages housing providers and residents to know their rights and responsibilities. The MCAD offers training for housing providers, and those individuals with disabilities facing housing discrimination can file a complaint of discrimination with the MCAD.

Information on disability and other laws enforced by the MCAD can be found on the Commission's website.  Additionally, housing providers, residents, and applicants can contact MOD for a consultation about a specific situation or visit the AGO website for more information on civil rights enforcement.