FAIR HOUSING LAWS

Federal & State Fair Housing Laws                             

Housing discrimination is illegal under both state and federal law. It is always against the law to deny anyone housing based on race.

In almost all instances it is also against the law to deny anyone housing based on:

• Color

• Sex

• National Origin

• Religion

• Presence of children in the household

• Disability

Further, under Massachusetts law it is illegal to discriminate based on:

• Marital Status

• Age

• Sexual Orientation

• Military or Veteran Status

• Ancestry

• Public Assistance

• Housing subsidies or rental assistance

Genetic Information

As a general rule, a housing provider may only refuse to rent to someone if that provider has a legitimate business reason for doing so, for example, a poor credit history. 

Federal Fair Housing Laws                             

The Federal Fair Housing Act (Title VIII of the Civil Rights Act of 1968) prohibits discrimination on the basis of race, color, creed, religion, national origin, or sex. People who fall into these categories are members of “protected classes.” The law prohibits housing providers from making decisions solely on the basis of these categories. However, it is important to note that there are exemptions to this law. For example, a landlord who owns a two-unit building can legally deny an applicant based on his or her gender.

The Federal Fair Housing Amendments Act of 1988¹ further defined and expanded protected categories under the Federal Fair Housing Act by adding protection for people with disabilities and families with children. As the number of protected classes increased, so did the exemptions from the law. For example, owner-occupied two-family homes are exempt from this law and owners can legally not rent to a person with a disability or a family with children. However, it is important to note that although it is legally within the right of an owner of a two-family home to not rent to the disabled or to families with children it is illegal to advertise this limitation. In addition, if that same owner chooses to use the services of a third party (ie. rental agent) to find prospective tenants the exemption from the law is lost. The exemption belongs solely to the owner of the unit.    

Massachusetts Fair Housing Law                  

In addition to prohibiting discrimination based upon the federal laws above, Massachusetts Fair Housing Law prohibits discrimination based on marital status, sexual orientation, veteran status, blindness, age, ancestry, hearing impairment, or possession of a seeing-eye or hearing-ear dog.² The owner-occupied two-family exemption extends to the protected categories above and the same laws apply to discriminatory advertising or the use of a rental agent or other third party. 

Additionally, the law prohibits discrimination against individuals or families receiving public assistance or rental subsidies, or because of any of the requirements of these programs. There is no exemption to this section of the Massachusetts Fair Housing Law.

Furthermore, Massachusetts law requires that whenever a property containing dangerous levels of lead undergoes a change in ownership and as a result, a child under the age of six will become or continue to be a resident, the new owner has 90 days to delead the premises.³ 

What is Prohibited Under these Laws

In the sale and rental of housing no one may take any of the following actions based on the protected categories above: Refuse to rent or sell housing Misrepresent the availability of housing Set different terms or conditions of rental or ownership Steer prospective renters/buyers to other areas/buildings Discriminate in advertising Use threats, intimidation, or coercion.

Additional Protection for the Disabled

If you or someone associated with you is physically or mentally disabled– a disability being something that substantially limits one or more major life activity, you may be entitled to reasonable accommodations and modifications.     

Reasonable Accommodation:

A reasonable modification is a change in a current rule, policy, or procedure. Common examples of reasonable accommodations include: allowing a service or companion animal in a “no pet” unit, giving an extra key to a personal care attendant, changing the due date of rental payments to coincide with the receipt of disability payments, and granting a designated parking space close to the entrance of an apartment building.

Reasonable Modification:

A reasonable modification is a change to the physical structure of the apartment unit. Common examples of reasonable modifications include: the installation of a ramp, grab bars in the bathroom, and flashing lights that replace a smoke alarm for a hearing disable resident. 

A landlord may not refuse to let you make reasonable modifications to your dwelling or common use areas at your expense if you agree to restore the unit to its original condition when you leave. In some instances, a landlord may be required to make the modifications themselves and at their own expense.

Both the Massachusetts and federal fair housing laws recognize recovery from substance abuse as a disability. Although length of time in recovery has not been established by the law, proof of recovery such as completion of a supervised treatment program, current participation in a treatment program, or proof of otherwise successful recovery from drug or alcohol abuse is necessary.

Additional Information for Families with Children

Unless a building or complex qualifies as housing for the elderly, it is illegal to be denied housing due to the presence of children in the household under both federal and Massachusetts law.

A person or family qualifies for this protection if:

• There is a child in the household who has not yet turned 18; or

• The family includes a woman who is pregnant; or

• The family is in the process of obtaining legal custody of a child under the age of 18.

The Massachusetts Lead Law and Housing Discrimination

The Massachusetts Lead laws state that is unlawful for a child under the age of six to reside in a housing unit that contains lead hazards. Paint containing lead is the most common lead hazard in dwelling units.  Lead paint is typically found in units built before 1978; when the manufacture of lead based paint was legal. The Massachusetts anti-discrimination laws make it illegal to refuse to rent, sell, or lease any housing unit to a person because they have a child or children who shall occupy the housing. Families with young children often encounter discrimination because of lead paint hazards in a housing unit. Refusing to rent or sell to families with children is a violation of both the lead paint laws and fair housing laws.

Further, the law requires that a landlord, homeowner, or other housing provider take the following actions if a unit he or she owns or controls has hazardous levels of lead paint:

• Remove or cover the hazardous lead paint whenever a child under six years of age lives in or will live in the house or apartment;

• Delead or cover all hazardous lead paint in an apartment or house within 90 days of purchase if children under the age of six live in the dwelling or will move into the dwelling;

• Hire a licensed deleading company to remove lead hazards. Some work can be done by an owner after the home is inspected by a licensed lead inspector and other regulations are followed to ensure that the work is done correctly;

• Notify all prospective purchasers about the hazards of lead paint and the requirements for its removal or containment;

• Give copies of the lead paint notification form to all tenants or prospective tenants.

For more information about the lead paint laws, copies of the notification forms, or a list of licensed deleading companies, call the Childhood Lead Poisoning Program at 1-800-532-9571.

Occupancy Standards and Housing Discrimination

In Massachusetts, the State Sanitary Code places the following restrictions on the number of people who can occupy housing:

• Every dwelling unit must contain at least 150 square feet of floor space for the first person, and at least 100 square feet of floor space for each additional person. The floor space must be calculated on the basis of total habitable rooms. Habitable rooms include bedrooms, dining rooms, living rooms, dens, or bonus rooms. Non-habitable rooms include rooms with toilets, bathtubs, showers, and laundries pantries, hallways, closets, or storage space.

• Every room occupied for sleeping purposes for one occupant shall contain at least 70 square feet of floor space.  Every room occupied for sleeping purposes for more than one occupant shall contain at least 50 square feet of floor space for each occupant.

• In a rooming unit, every room occupied for sleeping purposes by one occupant shall contain at least 80 square feet of floor space.  Every room occupied for sleeping purposes by more than one occupant shall contain at least 60 square feet for each occupant.

The information above represents general information on the fair housing laws. For more details on your rights as a home seeker please contact the Massachusetts Fair Housing Center.

If you think you may have experienced discrimination in housing, if you have any questions, or if you want more information, please contact:

Massachusetts Fair Housing Center

57 Suffolk Street

Holyoke, MA 01040

www.massfairhousing.org

info@massfairhousing.org

Voice/TTY 413-539-9796

Fax 413-533-9978