Key Takeaways
- Massachusetts fair housing law (Chapter 151B) provides broader protections than federal law
- MA protected classes include sexual orientation, gender identity, genetic information, and veteran status
- Massachusetts Commission Against Discrimination (MCAD) enforces state fair housing laws
- Complaints must be filed within 300 days of the discriminatory act
- Source of income (including Section 8) is a protected class in Massachusetts
Last updated: January 2026
Massachusetts Fair Housing
Massachusetts General Laws Chapter 151B provides broader fair housing protections than federal law.
Federal vs. Massachusetts Protected Classes
Federal Fair Housing Act (7 Classes)
| Protected Class | Description |
|---|---|
| Race | All races |
| Color | Skin color |
| National Origin | Ancestry, ethnicity |
| Religion | All faiths |
| Sex | Including gender identity |
| Familial Status | Families with children |
| Disability | Physical and mental |
Additional Massachusetts Protected Classes
| MA Protected Class | Description |
|---|---|
| Sexual Orientation | LGBTQ+ |
| Gender Identity | Transgender |
| Marital Status | Single, married, divorced |
| Age | All ages |
| Veteran Status | Military service |
| Genetic Information | DNA, family history |
| Source of Income | Section 8, public assistance |
| Ancestry | Heritage |
| Public Assistance | Welfare recipients |
Massachusetts Commission Against Discrimination (MCAD)
MCAD Functions
| Function | Description |
|---|---|
| Investigation | Investigate complaints |
| Enforcement | Prosecute violations |
| Education | Public outreach |
| Conciliation | Mediate disputes |
Filing Complaints
Deadlines
| Agency | Deadline |
|---|---|
| MCAD | 300 days |
| HUD | 1 year |
| Federal Court | 2 years |
MCAD Process
| Step | Description |
|---|---|
| 1. File complaint | Within 300 days |
| 2. Investigation | MCAD reviews |
| 3. Probable cause | Determination made |
| 4. Conciliation | Attempt settlement |
| 5. Public hearing | If not resolved |
| 6. Decision | MCAD ruling |
Source of Income Protection
CRITICAL FOR MA EXAM: Massachusetts prohibits discrimination based on source of income:
| Protected | Examples |
|---|---|
| Section 8 vouchers | Housing choice vouchers |
| Public assistance | TANF, welfare |
| Social Security | Retirement, disability |
| Veteran benefits | VA payments |
| Child support | Court-ordered support |
| Alimony | Spousal support |
Important: Landlords CANNOT refuse to rent to Section 8 voucher holders in Massachusetts.
Exemptions
Limited Exemptions
| Exemption | Details |
|---|---|
| Owner-occupied | 2 or fewer units |
| Same sex housing | Rooming houses |
| Religious organizations | For members |
| Senior housing | 55+ or 62+ |
Licensee Rule
CRITICAL: Real estate licensees CANNOT use exemptions:
| Situation | Licensee |
|---|---|
| Exempt property | CANNOT discriminate |
| Owner exempt | Agent still bound |
| Any transaction | Must comply with law |
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Test Your Knowledge
Which protected class is covered by Massachusetts law but NOT federal fair housing law?
A
B
C
D
Test Your Knowledge
How long does a person have to file a fair housing complaint with MCAD?
A
B
C
D