Is Source of Income Discrimination Illegal in Massachusetts?

If you’re renting in Massachusetts, you deserve fair treatment no matter your legal source of income—including housing vouchers, child support, or government benefits. But what if a landlord says they won’t accept your Section 8 voucher or another form of legal income? Here’s what renters should know about Massachusetts laws protecting against source of income discrimination.

What Is Source of Income Discrimination?

Source of income discrimination happens when a landlord, property manager, or real estate agent refuses to rent, denies a lease renewal, or treats you unfairly because you pay rent using a specific legal source of income. Common examples include:

• Refusing rental applications from people using Section 8 or MRVP (Massachusetts Rental Voucher Program)
• Advertising "no Section 8" or "no vouchers"
• Charging higher rent, delaying repairs, or setting different conditions based on your payment source

In Massachusetts, these actions are not allowed by law.

Is Source of Income Discrimination Banned in Massachusetts?

Yes, Massachusetts law makes it illegal for housing providers to discriminate against renters based on their legal source of income, including rental assistance, Social Security, child support, and more.^[1]

This protection applies to most types of housing, with a few exceptions (such as owner-occupied two-family homes).

Your Rights Under Massachusetts Law

Under the Massachusetts Fair Housing Law (M.G.L. c. 151B), landlords and agents cannot:

• Refuse to rent based on your source of income
• Make statements or ads excluding housing voucher holders
• Impose different terms, such as charging a larger deposit

Violations can include both overt actions (like written ads) and more subtle tactics (such as not returning calls if you mention a voucher).

Tip: If a landlord asks for extra paperwork or requests you pay up front because you use a voucher, this could be a red flag for discrimination. Document your interactions.

How to File a Housing Discrimination Complaint

If you believe you’ve experienced source of income discrimination, you have the right to file a complaint through an official government agency. In Massachusetts, this process is straightforward and protection is free of cost.

Who Handles Fair Housing Complaints?

• Massachusetts Commission Against Discrimination (MCAD) is the official tribunal responsible for enforcing anti-discrimination housing laws.
• In some cases, you may also file with the U.S. Department of Housing and Urban Development (HUD).

Relevant Official Forms

• MCAD Housing Discrimination Intake Questionnaire
  When to use: If you believe a landlord, broker, or agent refused to rent or treated you unfairly because you use a voucher or other legal income.
  How it helps: Provides MCAD with details to open an official investigation.
  Access the official form (PDF)
• HUD Housing Discrimination Complaint Form
  When to use: If your claim involves a federal housing program or you wish to file at the national level as well.
  How it helps: HUD may mediate, investigate, or refer your claim.
  Download the HUD complaint form (English PDF) — or file online here

For most Massachusetts renters, starting with the MCAD is recommended and does not require a lawyer.

What Counts as Proof?

Key evidence can include:

• Written messages, emails, or texts referencing your income or voucher
• Advertisements or listings that exclude certain voucher holders
• Notes from phone calls or in-person conversations

Gather all documents before submitting your complaint for the strongest possible case.

What Happens After You File?

Once your complaint is submitted, the MCAD or HUD will review your case. Steps may include:

• Investigation by the tribunal or agency
• Attempts at mediation or settlement
• Possible enforcement actions, including orders to the landlord to stop discriminatory practices

Renters are protected from retaliation under the law if they file a complaint in good faith.

Frequently Asked Questions

1. Does source of income protection include Section 8 vouchers in Massachusetts?
   Yes. Section 8 and other rental assistance programs are fully covered as lawful sources of income under Massachusetts Fair Housing Law.
2. Can a landlord ask for extra rent or deposits because I use a voucher?
   No. Landlords cannot set higher rent, require extra deposits, or impose special conditions because you pay rent using a voucher or other legal income.
3. Which tribunal handles discrimination complaints in Massachusetts?
   The Massachusetts Commission Against Discrimination (MCAD) is the main tribunal for residential discrimination claims in the state.
4. Are all types of housing covered?
   Most rental properties are covered, but there are some limited exceptions (such as certain owner-occupied buildings with two or fewer units). Check Massachusetts law or contact MCAD for details.
5. How long do I have to file a complaint?
   Generally, you must file your housing discrimination complaint within 300 days of the incident with MCAD.

Key Takeaways for Massachusetts Renters

• It’s illegal for landlords to discriminate against you based on legal sources of income, including rental vouchers.
• Massachusetts Commission Against Discrimination (MCAD) is your main resource to file a source of income discrimination complaint.
• Keep written records—evidence strengthens your case if you encounter discrimination.

Knowing your rights helps you secure fair housing and address unfair practices quickly.

Need Help? Resources for Renters

• Massachusetts Commission Against Discrimination (MCAD)
  Phone: (617) 994-6000
  Submit an intake questionnaire online
• Massachusetts Consumer Affairs – Tenant Rights and Responsibilities
• HUD Fair Housing Complaint Center

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1. Massachusetts General Laws c. 151B, Section 4 – Fair Housing Protections
2. Massachusetts Commission Against Discrimination (MCAD) – Official Tribunal Information
3. HUD Fair Housing Complaint Process – Official Guide

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