Filing a Disability Discrimination Claim as a Massachusetts Renter

Renters in Massachusetts are protected from disability discrimination by both state and federal laws. If you believe your landlord has denied reasonable accommodations or treated you unfairly due to a disability, you have the right to take legal action. Understanding your rights and the step-by-step complaint process can help you seek fair treatment and accessible housing.

Your Rights as a Renter with Disabilities in Massachusetts

Massachusetts law prohibits housing discrimination based on disability. Landlords must not refuse reasonable accommodations, such as allowing service animals, modifying rules, or making adjustments to accommodate your needs. Chapter 151B of the Massachusetts General Laws outlines these protections, in addition to federal laws like the Fair Housing Act.

Common Examples of Disability Discrimination

• Denying a rental application because of a disability or required accommodations
• Refusing reasonable requests to install grab bars or ramps (at the renter's expense)
• Applying different rules or higher deposits for renters with service animals

Who Handles Housing Discrimination Claims in Massachusetts?

The main agency responsible for investigating housing discrimination claims is the Massachusetts Commission Against Discrimination (MCAD). MCAD enforces state anti-discrimination laws related to housing and offers a complaint process for renters.

How to File a Disability Discrimination Claim

Filing a claim with MCAD is free and can help resolve disputes or secure your rights. You must file within 300 days of the alleged discrimination.

Key Steps and Official Forms

1. Complete the Housing Discrimination Complaint Form (MCAD Intake Questionnaire)
   
   • Form name: Housing Intake Questionnaire (available online)
   • How to use: Use this form to provide your contact details, landlord information, description of what happened, and evidence (such as letters, emails, or photos). Example: If your landlord refused your written request to install a grab bar for your disability, you’d list the dates and the landlord’s response here.
2. Submit the completed form
   You may file your complaint online, by mail, or in person at any MCAD office.
   
   • Start the MCAD housing complaint process online
3. Wait for MCAD response
   MCAD will review your complaint, investigate the facts, and may arrange mediation. You may be asked to provide additional documents or participate in interviews.

Relevant Legislation for Renters

• Massachusetts General Laws c. 151B: Fair Housing Protections
• Federal Fair Housing Act (U.S. Dept. of Justice)

What Happens After Filing?

MCAD will notify your landlord and may offer mediation to resolve the issue quickly. If no agreement is reached, MCAD conducts a formal investigation. If discrimination is found, MCAD can order remedies such as allowing your requested accommodation, compensation, or other corrective actions. If MCAD does not find discrimination, you can explore other appeals or federal processes.

FAQ: Disability Housing Discrimination in Massachusetts

1. What qualifies as a disability under Massachusetts law?
   Any physical or mental impairment that substantially limits one or more major life activities. This includes conditions like mobility impairments, vision or hearing loss, and certain chronic illnesses.
2. Can my landlord refuse to allow my service animal?
   No. Service animals are a protected accommodation, and landlords cannot deny your rental or enforce pet fees for bona fide service animals, even if they have a "no pets" policy.
3. Is there a filing deadline for complaints?
   Yes. You must file a complaint with MCAD within 300 days of the discriminatory act.
4. What if I need to modify my apartment for accessibility?
   Landlords must allow reasonable modifications at your expense. You may need to restore the property when you leave, but they cannot deny your right to make accessible changes.
5. What happens if MCAD finds discrimination?
   If MCAD determines discrimination occurred, they can order the landlord to provide accommodations, pay damages, or take corrective actions to resolve the issue.

Key Takeaways

• Massachusetts law strongly protects renters with disabilities from discrimination and ensures access to reasonable accommodations.
• You can file a free complaint with MCAD, using their official Housing Intake Questionnaire, within 300 days of the incident.
• Support and guidance are available, including legal aid and MCAD assistance.

Need Help? Resources for Renters

• Massachusetts Commission Against Discrimination (MCAD): File complaints, get guidance, and review anti-discrimination laws.
• MassLegalHelp - Fair Housing: Renter guides and help locating legal aid.
• Massachusetts Accessibility & Disability Accommodations Information: State resources and tenant rights.

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1. Massachusetts General Laws c. 151B: Discrimination Against Handicapped Persons
2. Massachusetts Commission Against Discrimination (MCAD)
3. MCAD Housing Discrimination Complaint Form
4. Federal Fair Housing Act

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