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| Massachusetts Fair Housing Law | |
|---|---|
| Name | Massachusetts Fair Housing Law |
| Jurisdiction | Massachusetts |
| Citation | Massachusetts General Laws |
| Enacted by | Massachusetts General Court |
| Year enacted | 1965 |
| Amendments | Numerous |
| Related legislation | Civil Rights Act of 1964, Fair Housing Act (1968), Americans with Disabilities Act of 1990 |
| Enforcer | Massachusetts Commission Against Discrimination |
Massachusetts Fair Housing Law The Massachusetts Fair Housing Law is a state statute that prohibits discrimination in housing transactions across Massachusetts, establishing obligations for landlords, sellers, brokers, and lenders. The statute interacts with federal standards and state administrative enforcement to provide remedies for individuals alleging disparate treatment or disparate impact in housing-related decisions. It has been shaped by judicial interpretation, administrative rulings, and legislative amendments responding to developments in Boston housing policy, regional planning, and civil rights advocacy.
The law is codified in the Massachusetts General Laws and administered by the Massachusetts Commission Against Discrimination; it sets substantive protections and procedural mechanisms similar to those found in the Fair Housing Act (1968), while reflecting state-specific policy choices adopted by the Massachusetts General Court. The statutory framework assigns investigatory and adjudicatory authority to an executive agency, links to municipal zoning actions in places like Cambridge and Springfield, and aligns remedies with principles from cases in courts such as the Massachusetts Supreme Judicial Court and the United States Court of Appeals for the First Circuit.
The statute enumerates protected classes and prohibits discriminatory practices concerning sale, rental, financing, advertising, and brokerage services. Protected categories have included race, color, religion, national origin, sex, age, ancestry, marital status, familial status, handicap, and sexual orientation; later amendments and administrative interpretation expanded coverage to include gender identity and other classifications recognized by the Massachusetts Commission Against Discrimination. Prohibited practices encompass refusal to rent or sell, discriminatory terms and conditions, selective advertising, steering, redlining linked to institutions like Federal Home Loan Bank operations, and retaliation against complainants. The law has addressed issues arising from mortgage lending practices associated with institutions such as Wells Fargo, Bank of America, and initiatives connected to Fannie Mae and Freddie Mac's secondary market influences.
Enforcement mechanisms involve filing complaints with the Massachusetts Commission Against Discrimination, administrative hearings, conciliation, and referral to the courts, including actions in Suffolk County courts and federal forums such as the United States District Court for the District of Massachusetts. Remedies available under the law include injunctive relief, compensatory damages, punitive damages grounded in precedents from the United States Supreme Court, orders for affirmative relief tied to local programs like Chapter 40B affordable housing initiatives, and civil penalties. The statute enables coordination with federal agencies such as the Department of Housing and Urban Development and collaborative enforcement with entities like the Civil Rights Division (United States Department of Justice) when overlapping federal claims arise.
The Massachusetts statute operates alongside the federal Fair Housing Act (1968) and decisions from the United States Supreme Court and the First Circuit Court of Appeals, often providing broader protections than federal counterparts. Topics of interaction include preemption doctrine as developed in cases involving federal banking regulators like the Office of the Comptroller of the Currency, standards for disparate impact tracing to rulings such as Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc. (United States Supreme Court) and state adaptations of that doctrine. State enforcement can proceed independently of federal HUD administrative processes, and coordination has occurred in matters involving programs administered by the Department of Housing and Community Development (Massachusetts).
The law emerged in the context of civil rights reforms enacted by the Massachusetts General Court during the 1960s and has been amended repeatedly in response to social movements, judicial rulings, and administrative findings. Influences include civil rights litigation in Boston during the Boston busing crisis era, municipal ordinances adopted in cities such as Cambridge and Brookline, and statewide policy shifts driven by advocacy groups like the American Civil Liberties Union and Greater Boston Legal Services. Legislative milestones include expansions of protected classes, procedural reforms for the Massachusetts Commission Against Discrimination, and statutory updates reflecting federal developments like the Fair Housing Amendments Act of 1988.
State and federal courts have produced influential decisions interpreting the statute’s scope, including cases adjudicated by the Massachusetts Supreme Judicial Court, the United States Court of Appeals for the First Circuit, and the United States Supreme Court. Notable litigation has involved municipal exclusionary zoning challenges brought in venues such as Plymouth County courts, landlord-tenant discrimination disputes litigated in Suffolk County, and lending discrimination suits implicating national banks like Citigroup and JPMorgan Chase. Administrative determinations by the Massachusetts Commission Against Discrimination have addressed issues of reasonable accommodation related to disabilities governed by principles in Olmstead v. L.C. and disparate impact claims following the precedent of Inclusive Communities Project, Inc..
Compliance efforts involve guidance from the Massachusetts Commission Against Discrimination, training programs by organizations such as Greater Boston Real Estate Board and Massachusetts Association of Realtors, and outreach by legal services providers like Greater Boston Legal Services and Massachusetts Law Reform Institute. Policy initiatives include municipal inclusionary zoning ordinances modeled after approaches in Cambridge and Somerville, state affordable housing strategies administered by the Department of Housing and Community Development (Massachusetts), pilot programs funded through partnerships with entities like the Boston Foundation and federal grants administered by Department of Housing and Urban Development. Enforcement coordination with federal counterparts and targeted education campaigns aim to reduce discrimination reported in urban centers such as Boston, Worcester, and Lowell.