Code of Massachusetts Regulations
804 CMR - MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION
Title 804 CMR 2.00 - Housing Discrimination
Section 2.03 - Housing Discrimination On The Basis Of Handicap
Current through Register 1531, September 27, 2024
(1) Applicable Law. M.G.L. c. 151B, s. 4, subsections 6, 7 and 7A prohibit discrimination in the sale or rental of accommodations to any person because of that person's physical or mental handicap.
(2) Definition of Handicap. Handicap is defined as follows:
(3) Reasonable Accommodations and Modifications. Under state law, rules, policies, practices or service delivery must be changed so that people with disabilities can reasonably live in and enjoy the premises, including public and common areas. In addition, an owner must permit a person with a disability to make structural modifications to the building or unit to make them accessible. Under state law, if the dwelling is in a building with ten or more units or it is publicly assisted housing, the owner must pay for the reasonable modifications unless she/he can show that making the changes would cause an "undue hardship." In all other cases, the disabled person must pay for the modifications.
(4) Examples of Reasonable Modifications and Reasonable Accommodations. Examples of reasonable modifications and reasonable accomodations include, but are not limited to the following:
(5) New Construction. As of March, 1991, all new residential construction for multi-family dwellings (three or more units) must provide basic access. This includes:
All units on the ground floor must comply with these criteria, and if there is an elevator, all units served by the elevator must comply. In addition, 5% of all units must be fully wheelchair accessible, and 2% must be fully communication accessible.
Renovations must comply with state architectural access regulations (521 CMR).