A property manager in Framingham, Massachusetts tells a prospective tenant that a particular apartment complex 'tends to attract a certain type of resident' and subtly discourages the applicant, who is of Middle Eastern ancestry, from applying. No explicit refusal to rent is made. Under Massachusetts Chapter 151B and Chapter 93A, the property manager's conduct is most likely:
Correct Answer
A) Unlawful under Chapter 151B for discriminatory discouragement based on ancestry, and potentially unlawful under Chapter 93A as an unfair or deceptive practice.
Massachusetts General Laws Chapter 151B prohibits not only outright refusals to rent but also discriminatory discouragement — steering, making statements that indicate a preference or limitation based on a protected class, or otherwise discouraging a person from applying based on a protected characteristic. Ancestry is a protected class under Chapter 151B. Additionally, Massachusetts Chapter 93A prohibits unfair or deceptive acts in trade or commerce, and discriminatory discouragement by a property manager in a commercial context can constitute an unfair practice under Chapter 93A, potentially exposing the manager to double or treble damages.
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