Code of Massachusetts Regulations
804 CMR - MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION
Title 804 CMR 2.00 - Housing Discrimination
Section 2.02 - Housing Discrimination Against Persons with Children

Universal Citation: 804 MA Code of Regs 804.2

Current through Register 1531, September 27, 2024

(1) Applicable Law. M.G.L. c. 151B, s. 4, subsection 11 prohibits discrimination in the leasing or renting of accommodations to any person because the person has a child or children who shall occupy the premises with such person.

(2) Definition of Children.

(a) For the purposes of 804 CMR 2.02, a child is any individual who has not yet attained the age of 18 years.

(b) For the purposes of 804 CMR 2.02, discrimination against persons with children shall extend to women who are pregnant.

(c) For the purposes of 804 CMR 2.02, discrimination against persons with children shall extend to persons who are in the process of securing legal custody of a child or children.

(3) Examples of Unlawful Practices. Examples of unlawful practices under 804 CMR 2.02(3) include but are not limited to the following:

The following text is effective 07/01/93

(a) Refusing to rent to families with young children because of lead paint in the unit.

(b) Refusing to allow families with young children to live above a certain floor.

(c) Charging a higher rent or security deposit to families with children.

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