History: During the 1960s, minorities, specifically Black people, were denied housing, mortgages, and fair pricing for rental properties and home purchases. This caused segregation of neighborhoods by race and socioeconomic status.

Purpose: In order to combat this discrimination and improve equity among renters and homeowners, the Fair Housing Act was passed in 1968.

• Race
• Color
• Sex
• National Origin
• Familial Status
• Religion
• Handicap and Disabilities

This includes all protected classes included in the federal Fair Housing Act, 42 U.S.C. § 3601: race; color; sex; national origin; familial status; religion; handicap and disabilities as well as…

• Gender Identity
• Sexual Orientation
• Receipt of Public Assistance (including housing assistance!)
• Military Status
• Marital Status
• Age
• Ancestry
  • Race is typically a visually identifiable characteristic.
  • Ancestry, nationality, and ethnicity are not.
  • They are all characteristics that are protected from housing discrimination within Massachusetts.
• Genetic Information
  • With the rise of genetic and DNA services like 23AndMe and Ancestry, individuals have more access than ever to discover who they are culturally.
  • This information, if obtained by anyone, is a characteristic that is protected from housing discrimination within Massachusetts.

All people within the United States must comply with the Fair Housing Act, 42 U.S.C. § 3601.

All people within the state of Massachusetts must comply with both the Fair Housing Act and the Massachusetts state law, Mass. Gen. Law c. 151B, § 4.

Other states have individualized versions of state fair housing laws.

Individuals must review the housing laws designated by their respective state; however, federal housing laws will apply nationwide. 

Any housing provider who is reported for or accused of violating either federal, state, or both fair housing laws is strictly prohibited from taking a retaliatory course of action towards those who reported the incident.

Whether they are past, current, or future tenants or buyers, retaliatory behavior by the housing provider is a fair housing violation, regardless of whether the tenant or buyer’s claims we found to be true or false.

• Refusal to rent or sell.
• Falsely deny housing that is available for inspection, rental, or sale.
• Refusal to negotiate for housing.
• Offer different housing services, accommodations, or facilities based on characteristics within a protected class.
• Make housing unavailable for people within a protected class.
• Setting different terms, conditions, or privileges for the inspection, rental, purchase, or sale of property.
• Deny housing based on characteristics within a protected class.
• Setting different terms or conditions relating to the access or participation of facilities included on the premises based off characteristics within a protected class.
• Housing advertisements posted online or in print or publishing any notices indicating preferences or limitations based on characteristics within a protected class.
• Coercion, intimidation, threatening language or actions, and intentional interference with allowing a prospective tenant or buyer to rent or purchase housing. This includes coercion, intimidation, threats, or interference with anyone aiding or assisting a tenant or buyer in obtaining housing.

EVERYONE!

Any individual involved in the chain of planning, building, offering, renting, or assisting in obtaining housing is responsible to comply with both Federal and Massachusetts state housing laws.

This includes architects, housing planners and developers, builders, agents and realtors, landlords, and tenants.

• • When living in a multi-unit building, each tenant must obey fair housing laws with respect to other tenants in the building. Being a polite and gracious neighbor is imperative to comply with the laws of the United States and the state of Massachusetts.

Nearly all types of housing fall within the protections under the Fair Housing.

Some exceptions include…

• Owner-occupied residences with four or less units
• Single-family homes rented by the owner without the use of an agent.
• Housing provided by private clubs with limited, member only occupancy.
• Housing owned by religious entities.