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Practice Of Real EstateFair HousingMEDIUM

A property management company in Massachusetts advertises an apartment as 'ideal for young professionals' and refuses applications from families with children. A family files a complaint with the MCAD. The company argues that because the building has only 10 units, it qualifies for an exemption under the federal Fair Housing Act. How does Massachusetts law treat this argument?

Correct Answer

B) The company may still be liable because MGL Chapter 151B's exemptions for owner-occupied small buildings are narrower than the federal exemptions

Massachusetts General Laws Chapter 151B provides narrower exemptions than the federal Fair Housing Act. Under the federal law, owner-occupied buildings with four or fewer units are exempt from the familial status prohibition. Massachusetts Chapter 151B has its own exemption structure, but it is more restrictive. The federal small building exemption does not automatically carry over to Massachusetts state law, and the company's reliance on a federal exemption applicable to buildings of a different size threshold would not shield it from state liability.

Answer Options
A
The company is correct; the small building exemption under federal law also applies under MGL Chapter 151B
B
The company may still be liable because MGL Chapter 151B's exemptions for owner-occupied small buildings are narrower than the federal exemptions
C
The company is fully exempt under both federal and state law because the building has fewer than 12 units
D
The company is exempt from Chapter 151B only if the owner personally resides in the building and the building has four or fewer units

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Related Topics & Key Terms

Key Terms:

chapter_151Bsmall_building_exemptionfamilial_statusfederal_vs_statefair_housing_enforcement

Related Concepts

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.

Commingling is the illegal act of mixing client trust funds with a broker's personal or business operating funds; conversion is the misappropriation of those funds.

Continuing education (CE) refers to the ongoing coursework that licensed real estate professionals must complete during each renewal cycle to maintain an active license. CE ensures agents stay current with changes in laws, regulations, and industry practices.

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