Understanding Familial Status Discrimination in Massachusetts Rentals

Renting a home in Massachusetts means you are protected from discrimination based on familial status. Whether you are pregnant, have children under 18, or are gaining custody of a child, understanding your rights can empower you to ensure fair treatment during your rental experience.

What Is Familial Status Discrimination?

Familial status discrimination occurs when a landlord or property manager treats renters unfairly because they:

• Have one or more children under age 18 living with them
• Are pregnant or are in the process of gaining legal custody of a child
• Are in the process of securing foster care for a child

This protection applies whether you are renting an apartment, a single-family home, or a condominium in Massachusetts.

Protections Under Massachusetts and Federal Law

Both federal and Massachusetts laws strictly prohibit housing discrimination based on familial status. The Fair Housing Act (42 U.S.C. § 3601 et seq.) and Massachusetts General Laws Chapter 151B safeguard your rights as a renter.^[1][2]

• Landlords cannot refuse to rent, set different terms (like higher rent or deposits), or harass tenants because of children.
• Advertising restrictions and occupancy limits that target families with children are illegal unless required by safety code.

If you experience this type of discrimination, you have the right to take action and seek remedies.

Recognizing Signs of Familial Status Discrimination

Some forms of discrimination are subtle. Common examples include:

• Stating in rental ads “no children” or “adults only”
• Offering fewer amenities to families with children
• Denying housing because of a child’s age or noise concerns
• Setting stricter rules only for families (e.g., restricting use of common areas)

How to File a Familial Status Discrimination Complaint

If you believe your rights have been violated, you can file a complaint with the Massachusetts Commission Against Discrimination (MCAD) or with the U.S. Department of Housing and Urban Development (HUD).

Official Forms for Filing a Complaint

• Discrimination Complaint Form (MCAD Housing Intake Form): Use this to report fair housing violations in Massachusetts.
  • When and how to use: Complete this form if you believe you have experienced familial status discrimination. Submit it to the MCAD within 300 days of the alleged incident.
  • Access the MCAD Housing Intake Form
• HUD Form 903 (Housing Discrimination Complaint): For federal complaints, fill out and submit to HUD online or by mail.
  • When and how to use: If your situation may also violate federal law or occurs alongside other discrimination, use this form. HUD will investigate and may take enforcement action.
  • Submit HUD housing discrimination complaint

Filing a complaint can help resolve the issue, prevent future discrimination, and may result in compensation or required landlord policy changes.

Which Tribunal Handles Housing Discrimination Cases in Massachusetts?

In Massachusetts, the Massachusetts Commission Against Discrimination (MCAD) is the main agency handling residential tenancy discrimination. MCAD investigates complaints related to familial status and can schedule mediation, order relief, and enforce state law.^[3]

What Should You Do If You Face Familial Status Discrimination?

If you encounter discrimination, consider the following steps:

• Document all interactions, emails, texts, and rental ads
• Save copies of any communication with landlords or property managers
• File an official complaint with MCAD or HUD as soon as possible
• You have up to 300 days to file with MCAD, but acting quickly is recommended

Solid documentation and prompt action can increase the chances of a successful outcome when reporting familial status discrimination.

FAQ: Massachusetts Renters and Familial Status Discrimination

1. Can my landlord refuse to rent to me because I have children?
   No. Both state and federal laws prohibit landlords from refusing to rent to tenants based on having children or being pregnant.
2. What if my landlord sets different rules just for families with kids?
   This could be considered illegal discrimination unless the rules relate directly to safety or building code requirements. You can file a complaint if you believe rules are unfairly targeted at families.
3. How long do I have to file a discrimination complaint in Massachusetts?
   You typically have 300 days from the date of the incident to file with MCAD; HUD accepts complaints within one year of the violation.
4. Can a landlord advertise “adults only” housing in Massachusetts?
   Generally, no. Unless the property qualifies as senior or 55+ housing under very specific conditions, this restriction is unlawful.
5. What should I include in my complaint if I file with MCAD?
   Include detailed accounts of what happened, dates, people involved, saved communications, and any evidence supporting your claim.

Key Takeaways for Renters

• Familial status discrimination is illegal; renters in Massachusetts are protected under state and federal law.
• File a complaint using the MCAD Intake Form or HUD Form 903 if you face discrimination.
• Keep detailed records and take timely action to support your case.

Knowing your rights ensures that you and your family have equal access to housing opportunities in Massachusetts.

Need Help? Resources for Renters

• Massachusetts Commission Against Discrimination (MCAD): Main agency for discrimination complaints
• HUD Office of Fair Housing & Equal Opportunity: For federal housing discrimination cases
• Massachusetts Tenants' Rights (Mass.gov): General tenant rights and resources

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1. Fair Housing Act (42 U.S.C. § 3601 et seq.) – official text and explanation
2. Massachusetts General Laws Chapter 151B – discrimination protections for tenants
3. Massachusetts Commission Against Discrimination (MCAD) – official tribunal information

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