Code of Massachusetts Regulations
804 CMR - MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION
Title 804 CMR 2.00 - Housing Discrimination
Section 2.01 - General Provisions Pertaining to Housing Discrimination

Universal Citation: 804 MA Code of Regs 804.2

Current through Register 1531, September 27, 2024

(1) Applicable Law. The Massachusetts Fair Housing statute, as contained in M.G.L. c. 151B, s. 4 prohibits discrimination because of race, color, religious creed, national origin, sex, age, ancestry, veteran status, sexual orientation, marital status, children, handicap, and receipt of public assistance or housing subsidy in the selling, renting or leasing of housing accommodations, commercial space, or land intended for use as such.

(2) Persons Covered By M.G.L. c 151B, s. 4.

(a) Owners of single family dwellings, multiple family dwellings, commercial space, or land intended for such use are covered by M.G.L. c. 151B, s. 4.

(b) Licensed real estate brokers, managing agents, lessees, sublessees, or assignees of such dwellings, commercial space or land are covered by M.G.L. c. 151B, s. 4.

(c) Those having right of ownership or possession, or right to rent, lease or sell, or negotiate for the sale or lease of such dwellings, commercial space or land are covered by M.G.L. c. 151B, s. 4.

(d) Agents or employees of any person(s) described in 804 CMR 2.01(a), (b) or (c) are covered by M.G.L. c. 151B, s. 4.

(e) Any organization of unit owners in a condominium or housing cooperative is covered by M.G.L. c. 151B, s. 4.

(f) Those persons who coerce, intimidate, threaten or interfere with another person in the exercise or enjoyment of any right under M.G.L. c. 151B, s. 4.

(g) Those persons who directly or indirectly prevent or attempt to prevent the construction, purchase, sale or rental of any dwelling or land covered by M.G.L. c. 151B, s. 4.

(h) Those persons who aid or abet in doing any illegal acts specified by 804 CMR 2.00 et seq. are covered by M.G.L. c. 151B, s. 4.

(3) Property Covered By M.G.L. c 151B, s. 4.

(a) Virtually all land and housing accommodations in the Commonwealth are covered by M.G.L. c. 151B, s. 4. These include, but are not limited to: residentially zoned land and house lots; three family homes; apartments and tenement houses; multi-family dwellings and housing developments; publicly assisted housing; and, single and two family residences intended for sale.

(b) All commercial space, for sale or for rent, and all land intended to be put to commercial use are covered by M.G.L. c. 151B, s. 4.

(4) Property Not Covered By M.G.L. c. 151B, s. 4. The leasing or rental of units in those two family homes in which the owner occupies one apartment of that home as his residence is not covered by this law unless:

(a) The home seeker or renter is a recipient of public assistance or housing subsidy; or,

(b) The leasing or rental process utilized the services of a person or organization whose business includes engaging in residental real estate related transactions; or,

(c) The availability of such unit is made known by making, printing, publishing, or causing to be made printed or published any notice, statement, or advertisement with respect to the rental of such a unit that indicates any preference limitation, exclusion or discrimination based upon race, color, religion, sex, sexual orientation, national origin, ancestry, children, marital status, handicap, veteran status, or public assistance or housing subsidy recipiency.

The following text is effective 07/01/93

(5) Unlawful Housing Practices

(a) It is unlawful to refuse to rent or lease or otherwise to deny to or withhold from any person such housing, space or land because of race, color, religious creed, national origin, sex, age, ancestry, veteran status, sexual orientation, marital status, children, handicap or receipt of public assistance or housing subsidy.

(b) It is unlawful to discriminate against any person because of his or her race, color, religious creed, national origin, sex, age, ancestry, veteran status, sexual orientation, marital status, children, handicap or receipt of public assistance or housing subsidy in the terms, conditions or privileges of such housing, space or land, or the acquisition thereof, or in the furnishing of facilities and services in connection therewith.

(c) It is unlawful to cause to be made any written or oral inquiry, or record, concerning the race, color, religious creed, national origin, sex, age, ancestry, veteran status, sexual orientation, martial status or handicap of any person seeking to rent, lease, or buy any such housing, commercial space, or land.

(d) It is unlawful to advertise for rent or for sale any housing, space, or land (vacant or not), or to post a "For Rent" or "For Sale" sign or notice, or to offer or to accept a listing, which advertisement, sign or listing is intended to discriminate against any person or group of persons because of the race, color, religious creed, national origin, sex, age, ancestry, veteran status of such person or persons, sexual orientation, marital status, children, handicap or receipt of public assistance or housing subsidy.

(6) Examples of Unlawful Housing Practices. Examples of unlawful housing practices include, but are not limited to the following:

(a) To refuse to rent or sell a dwelling, commercial space or land (vacant or not) to a person or group of persons because of their protected status.

(b) To charge a person more for the purchase or rental of a dwelling, commercial space or land because of his or her protected status.

(c) To advertise a dwelling, commercial space or land in any way so as to convey an attitude of discrimination on the basis of a person's protected status.

(d) To falsely deny the availability of a dwelling, commercial space or land because of a person's protected status.

(e) To refuse to permit reasonable modifications to the premises to accommodate a person with a handicap.

(f) To pass an ordinance that unlawfully denies a dwelling, commercial space or land to a person or group of persons because of their protected status.

(g) To refuse to rent to a family with a child or children because the premises do or may contain lead paint.

(h) To publicly or privately make any offering, whether in writing or verbally, in any way, so as to convey an attitude of discrimination on the basis of a person's protected status.

Disclaimer: These regulations may not be the most recent version. Massachusetts may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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