Transcript Massachusetts Real Estate Principles, Practices, and Law

CIVIL RIGHTS, FAIR HOUSING AND
DISABILITY ACCESS ► CHAPTER 15
© 2009 South-Western, Cengage Learning

definition
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M.G.L. c. 151B
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“The Fair Housing Law”
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no exception when licensee involved
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rental agent – treat all parties similarly
(MA poster)
© 2009 South-Western, Cengage Learning
FEDERAL
&
STATE
STATE
7 protected classes
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race
color
national origin
religion
sex/gender
familial status
disability/handicap
add 8 more
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age
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marital status

veteran/military status

children

sexual orientation
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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
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definition of major life activities
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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
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OK to determine age of majority

state or federal elderly housing

qualified housing for persons over 55 or 62
 ELDERLY or INFIRMED
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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
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children - as to lead paint
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inquiries
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membership – MLS or trade organizations
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redlining
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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 appraisal
© 2009 South-Western, Cengage Learning
NOT

reasonable modifications to dwelling units

restoration of modifications
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10% of total number of dwelling
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no additional rent or charges for
accessible housing
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reasonable accommodations rules, policies & practices
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refusing to rent because of special needs
© 2009 South-Western, Cengage Learning
 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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© 2009 South-Western, Cengage Learning
 Massachusetts Commission Against
Discrimination (MCAD)
 12 months to file for housing
300 days for employment
 penalties:
2009 South-Western, Cengage Learning
KEY TERMS
blockbusting
public assistance
fair housing law (M.G.L. c. 151B) redlining
handicapped/disabled
service animal
Massachusetts Commission
Against Discrimination (MCAD)
steering
© 2009 South-Western, Cengage Learning