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Practice Of Real EstateFair HousingHARD

A complainant named Elena files a housing discrimination complaint with the MCAD against a landlord under MGL Chapter 151B. After investigation, MCAD issues a finding of probable cause. The landlord demands an immediate jury trial. Under Massachusetts law, which of the following correctly describes the right to a jury trial in Chapter 151B proceedings?

Correct Answer

A) Either party may elect to transfer the case to Superior Court for a jury trial after a finding of probable cause

Under MGL Chapter 151B, Section 9, after the MCAD issues a finding of probable cause, either the complainant or the respondent may elect to have the case transferred to Superior Court, where a jury trial is available. This election must be made within a specified time period after the probable cause finding. This right to elect a jury trial in Superior Court is a significant procedural right available to both parties under Massachusetts law.

Answer Options
A
Either party may elect to transfer the case to Superior Court for a jury trial after a finding of probable cause
B
Only the complainant may elect a jury trial; the respondent must accept the MCAD hearing officer's decision
C
A jury trial is available only if the Attorney General's Office joins the complaint as a co-complainant
D
There is no right to a jury trial in MCAD administrative proceedings; the case is heard by an MCAD hearing officer

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Related Topics & Key Terms

Key Terms:

chapter_151Bjury_trialprobable_causeMCADSuperior_Courtfair_housing_enforcement

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