CIVIL RIGHTS, FAIR HOUSING AND DISABILITY ACCESS ► CHAPTER 15

© 2009 South-Western, Cengage Learning

© 2009 South-Western, Cengage Learning

definition

M.G.L. c. 151B

“The Fair Housing Law” (MA poster)

no exception when licensee involved

rental agent – treat all parties similarly

© 2009 South-Western, Cengage Learning

FEDERAL & STATE 7 protected classes

race

color

national origin

religion

sex/gender

familial status

disability/handicap

STATEadd 8 more

age

marital status

veteran/military status

children

sexual orientation

public/rental assistance

genetic information

ancestry

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Minors are not a Protected Class

FAMILIAL STATUS - a household with child under 18

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“handicap” and “disability” interchangeable terms

definition of major life activities

does not include controlled substances

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not including registered sex offenders

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defined by State Sanitary Code

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AGE OK to determine age of majority

state or federal elderly housing

qualified housing for persons over 55 or 62

ELDERLY or INFIRMED no children OK – 3 or less dwelling units

MORTGAGE LENDERS

lenders may provide age related preferences

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OWNER-OCCUPIED owner-occupied, 2 dwelling units or less (MA)

no discrimination for race or public assistance

refusal to rent with young children – lead paint

PRIVATE ORGANIZATIONS may limit housing to members

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RELIGIOUS ORGANIZATIONS may restrict to members of religion

SINGLE-DWELLING may discriminate for lease of up to one year

no discrimination for race or public assistance

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blockbusting

children - as to lead paint

inquiries

membership – MLS or trade organizations

redlining

steering

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☑ refusing to rent, sell or negotiate

☑ representing unavailable when available

☑ different sale or lease terms and/or conditions to different people

☑ denying access or membership related to sale or leasing

☑ imposing different loan rates or terms

☑ refusing to make a mortgage loan

☑ discrimination in appraisalNOT

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reasonable modifications to dwelling units

restoration of modifications

10% of total number of dwelling

no additional rent or charges for accessible housing

reasonable accommodations - rules, policies & practices

refusing to rent because of special needs

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illegal drug use

registered sex offenders

smoking

students

animals and pets

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treated as human when required by disabled person

can never exclude -- except if causing disturbance

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INTERACTIVE PROCESS with disabled prospective tenant

ADVERTISING AND MARKETING always a violation

AMERICANS WITH DISABILITIES ACT (ADA)

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KEY TERMS

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blockbusting

fair housing law (M.G.L. c. 151B)

handicapped/disabled

Massachusetts Commission Against

Discrimination (MCAD)

public assistance

redlining

service animal

steering