What fair housing laws must landlords follow?
This rental guidance was reviewed by the Tenants & Landlords Intelligence Team, specializing in lease agreements, notices, rent disputes, deposits, evictions, and tenant-landlord operational procedures.
Fair Housing Laws Massachusetts Landlords Must Follow
As a landlord in Massachusetts, it is essential to understand and comply with the state’s fair housing laws to ensure equitable treatment of all prospective and current tenants. Compliance not only protects applicants and tenants from discrimination but also shields landlords from potential lawsuits, fines, and damage to reputation. Massachusetts enforces robust fair housing laws that build upon federal protections, creating a comprehensive framework for fairness in housing.
Below is a detailed overview of the fair housing laws that Massachusetts landlords must follow, including key protected classes, prohibited practices, and best compliance practices.
Overview of Massachusetts Fair Housing Laws
Massachusetts enforces both federal and state fair housing laws that prohibit discrimination in housing transactions. The primary laws landlords must adhere to include:
- The federal Fair Housing Act (FHA) of 1968
- Chapter 151B of the Massachusetts General Laws (Massachusetts Fair Housing Law)
Protected Classes Under Massachusetts Law
Massachusetts law protects the following categories against discrimination in housing:
- Race
- Color
- Religious creed
- National origin
- Sex (gender)
- Disability
- Familial status (presence of children under 18)
- Marital status
- Age (for landlords)
- Ancestry
- Sexual orientation
- Gender identity
- Military service or veteran status
- Genetic information
- Public assistance status (e.g., Section 8 vouchers)
- Lawful source of income (including housing subsidies)
Prohibited Practices for Landlords
Under Chapter 151B and federal law, it is unlawful for landlords to engage in discriminatory practices, including but not limited to:
- Denying or refusing to rent housing.
- Setting different rental terms or conditions (rent amount, security deposits, lease length).
- Harassing tenants or applicants based on protected class.
- Advertising or making statements that indicate a preference, limitation, or discrimination based on protected class.
- Steering tenants toward or away from certain units or neighborhoods.
- Refusing reasonable accommodations or modifications for tenants with disabilities.
- Retaliating against tenants for asserting their fair housing rights.
Reasonable Accommodations and Modifications
Massachusetts landlords have specific obligations regarding tenants with disabilities:
- Reasonable accommodations: Landlords must allow modifications to rules, policies, or services to enable tenants with disabilities to have equal use and enjoyment of the housing. For example, assigning a reserved parking spot or waiving a no-pet policy for service animals.
- Reasonable modifications: Landlords must allow structural changes to the unit or common areas (e.g., installing grab bars or ramps) if requested by tenants with disabilities, often at the tenant’s expense.
- Landlords may request verification of the tenant’s disability and necessity of the accommodation but cannot inquire into the nature or severity of the disability.
Advertising Guidelines
Advertising rental properties in Massachusetts requires careful wording and inclusivity:
- Avoid language that expresses a preference or limitation based on protected classes (e.g., “no children,” “Christian preferred,” “ideal for single professionals”).
- Use non-discriminatory terms such as “all are welcome,” “equal housing opportunity,” or neutral descriptors.
- Ensure all advertising formats—online listings, flyers, signs—comply with fair housing rules.
Screening and Application Process
Massachusetts landlords must adopt fair and consistent screening procedures:
- Apply the same screening criteria uniformly to all applicants.
- Do not ask questions that pertain directly or indirectly to protected classes.
- Evaluate applications based on objective factors such as income verification, credit, rental history.
- Make reasonable accommodations in the application process for persons with disabilities.
Enforcement and Complaints
The Massachusetts Commission Against Discrimination (MCAD) enforces the state’s fair housing laws. Applicants and tenants who believe they have been discriminated against may file complaints with MCAD or the U.S. Department of Housing and Urban Development (HUD).
Landlords found violating fair housing laws may face penalties including fines, compensatory damages, and injunctions.
Best Practices for Massachusetts Landlords
To ensure full legal compliance and protect your rental business, landlords in Massachusetts should:
- Educate themselves and staff about Massachusetts and federal fair housing laws.
- Implement uniform rental criteria that are applied consistently.
- Maintain thorough documentation of rental decisions and communications.
- Train employees and agents on fair housing requirements.
- Review advertising materials to remove any discriminatory language.
- Provide reasonable accommodations promptly and document requests and responses.
- Consult legal counsel when in doubt about specific situations.
Conclusion
Massachusetts landlords must rigorously follow state and federal fair housing laws to avoid discrimination based on an extensive range of protected classes. The Massachusetts Fair Housing Law complements federal protections and includes unique categories such as sexual orientation, gender identity, veteran status, and lawful source of income.
By adopting fair, consistent, and transparent rental practices, landlords not only comply with the law but also contribute to a respectful and inclusive housing market for all residents.
For additional guidance, landlords can access resources from the Massachusetts Commission Against Discrimination and consult with qualified legal professionals who specialize in landlord-tenant matters.