Massachusetts Fair Housing Testing & Enforcement: Renter Guide

If you're renting in Massachusetts and believe you've faced housing discrimination, you're not alone. Understanding fair housing enforcement and the resources available can help you protect your rights. This guide explains how fair housing testing works, what Massachusetts agencies investigate complaints, and how you can take action if you experience discrimination.

What Is Fair Housing Testing?

Fair housing testing is a tool used by agencies to identify illegal housing discrimination. In Massachusetts, trained testers pose as potential renters to see if landlords treat applicants differently based on protected characteristics like race, disability, family status, or national origin. These tests help enforce anti-discrimination laws under both state and federal law.

Who Enforces Fair Housing in Massachusetts?

Multiple state and federal agencies work together to investigate and enforce fair housing protections:

• Massachusetts Commission Against Discrimination (MCAD): Handles most state-level discrimination complaints by renters, including rental, leasing, and advertising.
• U.S. Department of Housing and Urban Development (HUD): Enforces federal Fair Housing Act complaints and partners with local agencies.
• Massachusetts Fair Housing Center: Provides fair housing testing, investigations, and renter support in Western and Central Massachusetts.

The MCAD is the lead state tribunal for housing discrimination claims.

How Do You File a Fair Housing Complaint?

If you believe a landlord or property manager has discriminated against you, you can file a complaint using official forms provided by MCAD or HUD. Here’s how:

• MCAD Intake Questionnaire (Housing Discrimination Form): Use this form to start your discrimination claim with the state. You’ll provide details about what happened, who was involved, and your contact information.
  • Access it directly here: MCAD Intake Questionnaire
  • Example: If you were denied a rental after mentioning your disability, fill out this form and submit it to MCAD to begin an investigation.
• HUD Form 903 (Housing Discrimination Complaint Form): If your issue involves federal law or you prefer a federal agency, use HUD Form 903. You can file online, by mail, or by phone.
  • Download the official form here: HUD Housing Discrimination Complaint Form
  • Example: If you were refused a rental because of your national origin, use this form to submit a complaint to HUD.

After submission, you may be contacted for more information. Agencies often use fair housing testers to help gather evidence during their investigation process.

Massachusetts Fair Housing Laws and Protections

Massachusetts law protects renters from discrimination based on categories such as race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, age, family status, disability, receipt of public assistance, or military service. For a full list, review Massachusetts General Laws, Chapter 151B.

You are also protected by federal laws including the Fair Housing Act.

What Happens After Filing?

Once you file a complaint:

• The agency reviews your form and may assign an investigator.
• They may conduct interviews, request documents, or send testers to gather more information.
• If discrimination is found, they will attempt to resolve the issue voluntarily, or the case may proceed to a formal hearing at MCAD.

Tip: Keep copies of your applications, rental ads, emails, and any texts with your landlord. These can help support your complaint.

Throughout the process, you have the right to representation and to access interpreting services if needed.

Key Fair Housing Forms for Renters

• MCAD Intake Questionnaire (no official form number): Use to start a state complaint. Learn about the filing process here.
• HUD Form 903: For federal discrimination complaints. Download Form 903 (PDF).

FAQ: Fair Housing Testing & Enforcement in Massachusetts

1. What is fair housing testing, and how does it help renters?
   Fair housing testing is when trained individuals act as applicants to see if a landlord treats people differently. It helps agencies find and prove discrimination so renters are protected.
2. How long do I have to file a fair housing complaint in Massachusetts?
   You generally have 300 days from the last act of discrimination to file with MCAD and one year to file with HUD. It's important to act promptly.
3. Can I get help filing a discrimination complaint?
   Yes! Both MCAD and the Massachusetts Fair Housing Center offer free help. Interpreter and accessibility services are available upon request.
4. Do I need a lawyer to file a fair housing complaint?
   No, a lawyer is not required to file, but you have the right to have one. Many renters file successfully without legal representation.
5. Where can I check the status of my complaint?
   Contact MCAD or HUD directly with your case number, or use their online portals for updates.

Need Help? Resources for Renters

• Massachusetts Commission Against Discrimination (MCAD): (617) 994-6000
• Massachusetts Fair Housing Center: Free testing, investigations, and legal assistance
• HUD Fair Housing Office: File federal complaints or learn more about protections
• Massachusetts Official Fair Housing Overview: Renter guides & local office contacts

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1. Massachusetts General Laws, Chapter 151B - Discrimination Prohibited
2. MCAD Official Tribunal - MCAD
3. HUD - Federal Fair Housing Act Information

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