Under the Massachusetts
Fair Housing Act, it’s illegal for landlords, real estate agents, mortgage brokers, or banks to deny anyone housing or financing based on race, color, national origin, religion, sex, gender identity, sexual orientation, familial status, marital status, disability, source of income, age, veteran or active military status, or genetic information. The federal Fair Housing Act was created to protect people from discrimination when seeking housing. Most states also have their own set of fair housing laws, and in some cases (including Massachusetts), state laws are stricter than federal laws.
Unfortunately, these rights are not widely known, so many people will face discrimination without being able to defend themselves or file a complaint. That’s why Jerry
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Does Massachusetts have a Fair Housing Act?
Yes! Massachusetts has its own Fair Housing Laws, which prohibit discrimination in real estate transactions based on protected classes.
Massachusetts’ Fair Housing Laws have eight additional protections for tenants beyond the primary seven factors (race, color, national origin, sex, disability, and religion), including:
Veteran or active military status
According to Massachusetts Fair Housing Laws, it is illegal to:
Refuse to rent, sell, or exchange real estate with a person based on a protected characteristic
Falsely claim that a unit is unavailable to view when it is available
Promote real estate in a way that suggests a preference for certain people or families
Offer different obligations or terms to specific groups of people
Refuse to reasonably accommodate or modify a housing unit to meet the needs of a person with a disability
That being said, there are reasons a landlord or housing manager can legitimately deny your application for housing. For example, if you cannot pay the required rent or have a history of violence or eviction for drug offenses, you may be denied—as long as the same standards are applied to everyone.
Accessibility requirements under the Fair Housing Act
Fair housing laws prohibit discrimination based on disability and require landlords and housing managers to allow persons with disabilities equal use and enjoyment of their facilities. If anti-discrimination laws are violated, they may face legal consequences.
A reasonable accommodation is a change or adjustment to a rule, policy, or service that will allow a person with a disability to have an equal opportunity to use and enjoy the interior or exterior of a housing unit or common spaces. Typical accommodation requests include:
Allowing a closer parking space for a tenant with mobility issues
Making an exception to a “no pets” policy to allow someone to keep an emotional support animal
Relocating a trash storage area to the ground floor so it’s accessible without using stairs
A reasonable modification request is a structural change made to an existing dwelling or common area that allows a person with a disability to fully use a facility. Common modification requests include:
Installing a blinking doorbell for a tenant who is deaf
Adding grab bars in the shower and by the toilet for a tenant who is a fall risk
Installing a ramp or widening doorways for a tenant in a wheelchair
The Massachusetts Office on Disability
recommends the following when making your request: Before you make a request, ensure there is a policy, procedure, etc. you need to make an exception to (for example, you don’t need to request an exception for a service dog if there is no policy banning animals)
Explain your need and the necessary accommodation/modification as clearly as possible
Describe the link between your disability and the accommodation/modification you are requesting
Explain why the current situation doesn’t work
Consider the cost of the changes you are requesting: housing providers are only obligated to provide reasonable modifications
Find out if your housing provider has a specific process for requesting modifications/accommodations
If your disability-related need isn’t obvious, collect supporting documentation
Make your official request in writing and keep a record of communications
How to file a fair housing complaint in Massachusetts
If you believe you’ve been the victim of housing discrimination in Massachusetts, MassAccess
recommends first writing down everything that happened, including: Address and phone number of the person you spoke with
Details of the conversation
Next, arrange to have a test done (a test is how officials investigate a landlord or real estate agent to determine if they are illegally discriminating against potential tenants).
If the incident occurred in Central or Western Massachusetts, contact the Massachusetts Fair Housing Center
. Either agency will send two testers to the same landlord or real estate agent. The testers will give the same information you did about income, household size, type and price of housing they are looking for, and so on—but one tester will claim to have a disability, and one will not.
The test will determine if there is probable cause to believe you have been discriminated against, and you can use that proof to file a complaint.
You can visit www.masslegalhelp.org
for assistance in finding an attorney. State agency vs. local offices
In most cases, reporting to the Division of Human Relations or HUD is the best way to deal with housing discrimination in Massachusetts.
How to save money on home and renters insurance in Massachusetts
When you find the right housing, it’s a good idea to keep yourself protected with the right renters insurance
. Shopping for insurance can be a hassle—especially if you’re already filling out piles of forms—so, Jerry
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