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Practice Of Real EstateFair HousingMEDIUM

James, a transgender man, applies to rent an apartment in Quincy, Massachusetts. The landlord, upon learning that James is transgender, tells him the unit has already been rented, even though it remains available. James files a complaint with the Massachusetts Commission Against Discrimination (MCAD). Under Chapter 151B, the landlord's conduct is most likely:

Correct Answer

D) Unlawful, because gender identity is a protected class under Massachusetts Chapter 151B.

Massachusetts General Laws Chapter 151B explicitly includes gender identity as a protected class in housing. The landlord's false claim that the unit was already rented, made immediately upon learning of James's gender identity, constitutes unlawful discrimination based on gender identity under Massachusetts state law. Complaints may be filed with the Massachusetts Commission Against Discrimination (MCAD).

Answer Options
A
Lawful, because the landlord has the right to select tenants based on personal preference.
B
Unlawful, but only if James can prove the landlord's stated reason was a pretext under federal fair housing law.
C
Lawful, because gender identity is only protected under federal employment law, not housing law.
D
Unlawful, because gender identity is a protected class under Massachusetts Chapter 151B.

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Related Topics & Key Terms

Key Terms:

chapter_151bgender_identityprotected_classesMCADrental_discrimination

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