Massachusetts Fair Housing: Protected Classes Explained

Understanding your rights as a renter in Massachusetts is crucial—especially when it comes to protection from housing discrimination. Massachusetts fair housing laws provide strong legal safeguards to ensure everyone can access housing fairly and without bias.

Who Is Protected Under Massachusetts Fair Housing Laws?

In Massachusetts, both state and federal laws protect renters from discrimination based on certain personal characteristics known as "protected classes." These laws ensure that landlords, property managers, and real estate agents treat everyone equally when it comes to renting, selling, advertising, or providing housing services.

• Race
• Color
• National origin
• Sex (including sexual harassment and sexual orientation)
• Gender identity
• Religion
• Disability (physical or mental)
• Familial status (having children or being pregnant)
• Military status or veteran status
• Age
• Marital status
• Genetic information
• Public assistance status (including Section 8 vouchers)
• Ancestry
• Sexual orientation

This extensive list is outlined in both the Massachusetts General Laws Chapter 151B and the federal Fair Housing Act.^[1][2]

What Counts as Housing Discrimination?

Discrimination can appear in many forms. Massachusetts law prohibits actions such as:

• Refusing to rent or renew a lease based on a protected class
• Charging different rent or deposit rates
• Posting discriminatory advertising
• Setting different lease or house rules
• Making housing unavailable for discriminatory reasons
• Harassing a renter based on their protected characteristics

Landlords must also provide reasonable accommodations for renters with disabilities, such as allowing a service animal or agreeing to minor modifications to the unit (like installing grab bars). More information is available from the Massachusetts Commission Against Discrimination (MCAD).^[3]

If You Experience Housing Discrimination: Steps to Take

If you believe your rights have been violated, there are clear steps to protect yourself:

• Document Everything: Keep copies of emails, texts, ads, leases, and written notes of conversations.
• File a Complaint: You may file a discrimination complaint with the MCAD or U.S. Department of Housing and Urban Development (HUD).

Official Forms for Reporting Housing Discrimination

• MCAD Housing Discrimination Complaint Form
  When to use: If you are a renter in Massachusetts who believes you have experienced housing discrimination based on a protected class. Submit this form to initiate an official investigation.
  How to use: Complete and submit online, by mail, or in person to MCAD.
  Access the MCAD Housing Discrimination Complaint Form
• HUD Housing Discrimination Complaint Form (903 Online/English)
  When to use: If you wish to file a federal complaint (can be filed in addition to a state complaint) regarding prohibited housing discrimination under the Fair Housing Act.
  File a HUD Fair Housing Complaint

The Tribunal Handling Massachusetts Fair Housing Complaints

The main agency responsible for enforcing fair housing laws in Massachusetts is the Massachusetts Commission Against Discrimination (MCAD). They handle investigations, mediation, and enforcement related to discriminatory housing practices.^[3]

Cases may also be referred to the Massachusetts Housing Court if legal action becomes necessary.

FAQ: Massachusetts Fair Housing Protections for Renters

1. What do I do if my landlord refuses to rent to me because I have a Section 8 voucher?
   Landlords in Massachusetts cannot discriminate against you for using a Section 8 voucher or any form of public assistance. If this happens, document the events and file a discrimination complaint with MCAD or HUD.
2. Can a landlord ask about my religion or immigration status?
   No, it is illegal for landlords to inquire about your religion or base rental decisions on your national origin or immigration status under both state and federal laws.
3. Are emotional support or service animals always allowed?
   Landlords must make reasonable accommodations for tenants with disabilities, which includes permitting service animals or emotional support animals even if there's a "no pets" policy.
4. How long does an MCAD discrimination investigation take?
   The length of an investigation varies, but MCAD typically issues initial findings within several months depending on complexity and case load.
5. Is retaliation for filing a complaint allowed?
   No, it is illegal for a landlord to retaliate against you (e.g., raise rent, issue eviction) because you asserted your rights by filing a discrimination complaint.

Key Takeaways for Renters

• Massachusetts protects people from housing discrimination based on many personal characteristics.
• Renters can file complaints with MCAD or HUD if they believe they've been discriminated against.
• Reasonable accommodations must be made for tenants with disabilities.

Knowing your rights is the first step to fair and equal housing access in Massachusetts.

Need Help? Resources for Renters

• Massachusetts Commission Against Discrimination (MCAD): Official agency for discrimination complaints and information. Phone: 617-994-6000.
• Massachusetts Housing Court: Information and assistance with disputes involving rental housing.
• U.S. Department of Housing and Urban Development (HUD) Fair Housing and Equal Opportunity: National resources and complaint filing.
• Legal Resources for Tenants: State-supported legal aid for renters facing discrimination or other housing issues.

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1. Massachusetts General Laws Chapter 151B – Unlawful Discrimination
2. Federal Fair Housing Act
3. Massachusetts Commission Against Discrimination (MCAD)

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