LGBTQ+ Fair Housing Protections for Massachusetts Renters

Massachusetts provides some of the strongest legal protections against discrimination for LGBTQ+ renters in the United States. As a renter, it’s important to know your rights, how to recognize unlawful treatment, and where to seek help if you experience housing discrimination based on your sexual orientation, gender identity, or gender expression. This guide explains current LGBTQ+ housing protections in Massachusetts, what to do if you face discrimination, and where to access official forms and support.

Understanding LGBTQ+ Fair Housing Rights in Massachusetts

Under both federal and Massachusetts state law, it is illegal for landlords to discriminate against renters or applicants because of sexual orientation, gender identity, or gender expression. In Massachusetts, these protections are broad, covering most housing situations.

• Sexual orientation and gender identity are explicitly protected classes under Massachusetts General Laws Chapter 151B.
• Federal law, including the Fair Housing Act, now covers LGBTQ+ people after the 2020 Supreme Court decision and updated guidance from the U.S. Department of Housing and Urban Development (HUD).

This means Massachusetts landlords, property managers, and realtors cannot:

• Refuse to rent housing or renew leases because of LGBTQ+ status
• Set different terms, increase rent, or give false information based on sexual orientation or gender identity
• Harass, intimidate, or retaliate against LGBTQ+ tenants who assert their rights

What Types of Housing Are Covered?

Most rental housing in Massachusetts is covered, including apartments, condos, and single-family homes offered for rent by landlords. Small owner-occupied buildings (with two or fewer units) may be exempt in some situations, but most landlords and rental properties are required to comply.

Recognizing Examples of LGBTQ+ Housing Discrimination

Knowing what actions qualify as discrimination can help you decide whether you need to seek help. Examples may include:

• Being told a unit is unavailable but seeing it listed later
• Receiving different rental terms or higher security deposits
• Experiencing harassment, threats, or intimidation based on LGBTQ+ status
• Retaliation after making a complaint (such as an eviction notice issued soon after)

Filing a Housing Discrimination Complaint in Massachusetts

If you believe you have been discriminated against as an LGBTQ+ renter, you have the right to file an official complaint. In Massachusetts, the main agencies handling these complaints are:

• Massachusetts Commission Against Discrimination (MCAD)
• U.S. Department of Housing and Urban Development (HUD)

You can file with MCAD or HUD, or both. You must submit your complaint within 300 days of the alleged discriminatory act for MCAD, or within one year for HUD.

Key Forms and How They Are Used

• MCAD Complaint Form – Housing (No specific number): Used to initiate your complaint with the Massachusetts Commission Against Discrimination.
  Access the MCAD Housing Discrimination Complaint Form.
  Example: If your landlord refuses to renew your lease after learning you are transgender, you should complete and submit this form to MCAD.
• HUD Form 903 Online Complaint (No number): Used to file a federal fair housing complaint with HUD.
  File a HUD Fair Housing Complaint Online.
  Example: If a property manager harasses you about your sexual orientation and you want federal investigation, you can file using this online form.

The official tribunal or board for housing discrimination claims in Massachusetts is the Massachusetts Commission Against Discrimination (MCAD).

Your Legal Rights and Protections

LGBTQ+ tenants are protected under both state and federal law, including:

• Massachusetts General Laws Chapter 151B: Fair Housing Practices
• A Guide to Fair Housing in Massachusetts: official state resource

If you believe your landlord is not honoring your rights, contact MCAD as soon as possible. You don't need an attorney to file a complaint, and the process can often start online or by phone.

Frequently Asked Questions (FAQs)

1. What should I do first if I believe I’ve faced LGBTQ+ discrimination as a renter?
   Start by gathering documentation—including emails, letters, rental listings, and records of conversations. File a complaint promptly with the Massachusetts Commission Against Discrimination (MCAD) or HUD.
2. Is my landlord allowed to refuse to rent to me because I am transgender?
   No. Massachusetts law (Chapter 151B) explicitly prohibits this. Such discrimination is illegal and grounds for a formal complaint.
3. Where do I file a housing discrimination complaint in Massachusetts?
   You can file with the Massachusetts Commission Against Discrimination (MCAD) directly, or start a federal complaint with HUD. Both offer online and printable forms.
4. How long do I have to file a discrimination complaint?
   For MCAD complaints, you must file within 300 days of the incident. For HUD, you have one year.
5. Can LGBTQ+ renters be evicted for asserting their housing rights?
   No. Landlords cannot lawfully retaliate against renters for filing discrimination complaints or asserting their LGBTQ+ rights. Such retaliation is against Massachusetts and federal law.

Key Takeaways for LGBTQ+ Renters in Massachusetts

• Your sexual orientation, gender identity, and gender expression are protected in rental housing under state and federal law.
• If you face discrimination, act quickly—document your experiences and file a complaint with MCAD or HUD.
• Massachusetts has strong protections and support systems to help LGBTQ+ renters seek justice and fair treatment.

Need Help? Resources for Renters

• Massachusetts Commission Against Discrimination (MCAD)
  Phone: 617-994-6000
• Massachusetts Housing Help: Find information on renter support, legal help, and fair housing
• A Guide to Fair Housing in Massachusetts
• U.S. Department of Housing and Urban Development (HUD) Fair Housing

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1. Massachusetts General Laws Chapter 151B: Fair Housing Practices
2. HUD Fair Housing Act Guidance: Title VIII of the Civil Rights Act of 1968
3. Massachusetts Commission Against Discrimination: Official Website
4. How to file with MCAD: Filing Process and Official Forms

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