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Practice Of Real EstateFair HousingMEDIUM

During a MCAD investigation of a housing discrimination complaint against salesperson Tom, the MCAD investigator requests access to Tom's transaction files and business records. Tom refuses, claiming attorney-client privilege over all communications with his broker's attorney. Which of the following best describes MCAD's investigative authority under MGL Chapter 151B?

Correct Answer

D) MCAD may subpoena witnesses and documents, and Tom's refusal to comply can be enforced through Superior Court

Under MGL Chapter 151B, Section 3, the MCAD has the power to subpoena witnesses and compel the production of documents relevant to a discrimination investigation. If a respondent refuses to comply with a subpoena, MCAD can seek enforcement of the subpoena through Superior Court. This broad investigative authority is essential to MCAD's ability to effectively enforce the anti-discrimination statute.

Answer Options
A
MCAD may only request documents voluntarily; it must file a separate lawsuit to compel production
B
MCAD has no subpoena power and must rely solely on voluntarily submitted evidence
C
MCAD's investigative authority is limited to interviewing the parties; document subpoenas require a court order first
D
MCAD may subpoena witnesses and documents, and Tom's refusal to comply can be enforced through Superior Court

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Related Topics & Key Terms

Key Terms:

chapter_151BMCADsubpoena_powerinvestigative_authorityfair_housing_enforcement

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