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Practice Of Real EstateFair HousingHARD

A landlord in Somerville, Massachusetts owns a three-family home and lives in one of the units. He refuses to rent the remaining unit to a same-sex couple, citing his religious beliefs. The couple files a complaint under Massachusetts Chapter 151B. Which of the following statements most accurately describes the legal outcome under Massachusetts law?

Correct Answer

C) The landlord's conduct violates Chapter 151B because sexual orientation is a protected class, and owner-occupant exemptions under Massachusetts law are narrower than under federal law.

Massachusetts General Laws Chapter 151B prohibits discrimination based on sexual orientation. While the federal Fair Housing Act provides an exemption for owner-occupants of buildings with four or fewer units (the 'Mrs. Murphy exemption'), Massachusetts Chapter 151B has a narrower exemption that applies only to owner-occupants of two-family homes. An owner-occupant of a three-family home is NOT exempt from Chapter 151B's fair housing requirements. Therefore, the landlord's refusal to rent based on the couple's sexual orientation violates Massachusetts law.

Answer Options
A
The landlord is exempt from Chapter 151B because he is an owner-occupant of a three-family home.
B
The landlord's religious beliefs provide a valid exemption from Chapter 151B's prohibition on discrimination based on sexual orientation.
C
The landlord's conduct violates Chapter 151B because sexual orientation is a protected class, and owner-occupant exemptions under Massachusetts law are narrower than under federal law.
D
The landlord is fully exempt from Chapter 151B because the federal Fair Housing Act exempts owner-occupants of buildings with four or fewer units.

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Related Topics & Key Terms

Key Terms:

chapter_151bsexual_orientationowner_occupant_exemptiontwo_familystate_vs_federal

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