Massachusetts Fair Housing Compliance: Laws & Protected Classes Guide

Understanding and complying with Massachusetts fair housing laws is crucial for property owners, managers, and real estate professionals operating in the state. This comprehensive guide covers key requirements, protected classes, and best practices for maintaining compliance.

Key Takeaways

• Massachusetts provides broader protections than federal fair housing laws, with additional protected classes
• Protected characteristics include race, religious creed, color, national origin, sex, gender identity, sexual orientation, age (40+), genetic information, ancestry, children, marital status, military/veteran status, and disability
• Housing providers must ensure their policies, procedures, and marketing materials avoid discrimination
• Violations can result in significant penalties, making preventive compliance measures essential
• Regular training and automated compliance tools can help reduce discrimination risks

Understanding Massachusetts Fair Housing Laws

Massachusetts fair housing laws provide some of the most comprehensive anti-discrimination protections in the United States. These laws work in conjunction with federal fair housing regulations while offering additional safeguards for residents.

Legal Framework

The primary state law governing housing discrimination is Massachusetts General Laws Chapter 151B, Section 4. This statute prohibits discrimination in housing transactions based on numerous protected characteristics. While it builds upon the federal Fair Housing Act, Massachusetts law provides broader protections and coverage.

Protected Classes in Massachusetts

Massachusetts recognizes the following protected characteristics:

• Race
• Religious creed
• Color
• National origin
• Sex
• Gender identity
• Sexual orientation
• Age (40 and older)
• Genetic information
• Ancestry
• Children/familial status
• Marital status
• Military or veteran status
• Disability/handicap

Ready to ensure your listings are always compliant? Schedule a demo with FairSentry to see how FairSentry can automatically screen your content for potential violations.

Key Compliance Requirements

Advertising and Marketing

Property listings and marketing materials must be carefully crafted to avoid discriminatory language or preferences. This includes:

• Avoiding statements that express preference or limitation based on protected characteristics
• Including the Equal Housing Opportunity logo in advertisements
• Ensuring marketing images represent diverse populations
• Using inclusive language that welcomes all qualified applicants

For detailed guidance on compliant advertising, see our guide on Preventing Discriminatory Language in Property Advertisements.

Rental and Sales Practices

Housing providers must:

• Apply consistent screening criteria to all applicants
• Maintain clear documentation of selection processes
• Make reasonable accommodations for persons with disabilities
• Allow reasonable modifications to units when necessary
• Avoid steering or directing prospects to specific areas based on protected characteristics

Reasonable Accommodations

Massachusetts law requires housing providers to:

• Consider all reasonable accommodation requests
• Engage in an interactive dialogue with requesters
• Document the accommodation process
• Make exceptions to policies when necessary to provide equal housing opportunity
• Bear reasonable costs associated with accommodations

Common Violations and Prevention Strategies

Common Fair Housing Violations in Massachusetts

1. Discriminatory advertising language
2. Refusing to rent to families with children
3. Failing to provide reasonable accommodations
4. Applying different terms or conditions based on protected characteristics
5. Steering prospects to particular areas based on demographics

For more details on violations and prevention strategies, visit our guide on Top Fair Housing Violations and How to Avoid Them.

Prevention Best Practices

1. Implement written fair housing policies
2. Conduct regular staff training
3. Use standardized application processes
4. Document all housing decisions
5. Utilize compliance screening tools for marketing materials
6. Maintain consistent communication records
7. Regularly audit practices and procedures

Compliance Tools and Resources

Technology Solutions

Modern compliance tools can help prevent violations before they occur. Automated compliance screening tools can:

• Review marketing materials for discriminatory language
• Ensure consistent application of policies
• Document compliance efforts
• Provide audit trails
• Flag potential violations for review

Training Requirements

Regular training is essential for maintaining compliance. Consider:

• Annual fair housing training for all staff
• Specialized training for marketing teams
• Updates on new legal requirements
• Documentation of training completion
• Testing of knowledge retention

Enforcement and Penalties

Enforcement Agencies

In Massachusetts, fair housing laws are enforced by:

• Massachusetts Commission Against Discrimination (MCAD)
• Department of Housing and Urban Development (HUD)
• Attorney General's Office
• Private legal action

Potential Penalties

Violations can result in:

• Monetary damages
• Civil penalties
• Mandated training
• Required policy changes
• Legal fees and costs
• Reputational damage

Ready to protect your property management business from fair housing violations? Schedule a demo with FairSentry to learn how automated compliance screening can help.

Creating a Compliance Strategy

Essential Components

1. Written policies and procedures
2. Regular staff training
3. Documentation systems
4. Marketing review processes
5. Accommodation request procedures
6. Complaint handling protocols
7. Regular compliance audits

For detailed guidance on developing a comprehensive strategy, see our article on Creating a Fair Housing Compliance Strategy.

Frequently Asked Questions

What makes Massachusetts fair housing laws different from federal laws?

Massachusetts provides broader protections than federal law, including additional protected classes such as age, sexual orientation, gender identity, and military status.

How often should staff receive fair housing training?

While there's no statutory requirement, annual training is recommended as a best practice, with additional training when laws change or issues arise.

What documentation should be maintained for compliance?

Keep records of:

• Application processes
• Tenant selection criteria
• Accommodation requests and responses
• Marketing materials
• Training completion
• Complaint investigations

How can property managers ensure compliant advertising?

Use automated screening tools, maintain consistent review processes, and follow established guidelines for inclusive language and imagery.

Conclusion

Compliance with Massachusetts fair housing laws requires ongoing attention and proactive measures. Property managers and owners should:

• Stay informed about legal requirements
• Maintain comprehensive compliance programs
• Utilize available tools and resources
• Conduct regular training and audits
• Document all housing-related decisions

Success in fair housing compliance comes from creating a culture of inclusion and maintaining consistent, well-documented practices. By implementing proper procedures and utilizing modern compliance tools, housing providers can significantly reduce their risk of violations while ensuring equal housing opportunity for all.