A landlord named Victor refuses to rent an apartment to a prospective tenant, Maria, because she receives Section 8 housing vouchers. Maria files a complaint with the MCAD. Victor argues that 'source of income' is not a protected class under the federal Fair Housing Act and therefore his refusal was lawful. How should this situation be analyzed under Massachusetts law?
Correct Answer
B) Victor may be liable under MGL Chapter 151B because Massachusetts law prohibits discrimination based on source of income in certain rental contexts, going beyond federal protections
Massachusetts law under MGL Chapter 151B and various local ordinances (particularly in cities like Boston) extends fair housing protections beyond federal law. Source of income, including housing vouchers such as Section 8, is recognized as a protected basis in certain rental contexts under Massachusetts law. Victor's blanket refusal to rent to a Section 8 voucher holder could constitute unlawful discrimination under state law, even though it is not prohibited by the federal Fair Housing Act.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Antitrust violations in real estate occur when competing brokerages or agents engage in practices that restrain trade, reduce competition, or harm consumers through collusion. These violations are governed by the Sherman Antitrust Act and can result in severe penalties.
Broker supervision is the legal obligation of a designated or managing broker to oversee and be accountable for the real estate activities of all salespersons and associate brokers operating under their license.
Commingling is the illegal act of mixing client funds with a broker's personal or business operating funds, while conversion is the unauthorized use of client funds for the broker's own benefit. Both are serious violations that can result in license revocation.
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