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Practice Of Real EstateFair HousingHARD

A tenant named Kwame files a housing discrimination complaint with the MCAD against his landlord. The MCAD investigates and issues a finding of no probable cause, dismissing the complaint. Kwame believes the MCAD's investigation was inadequate. Under Massachusetts law, what option does Kwame have to continue pursuing his claim?

Correct Answer

B) Kwame may appeal the no probable cause finding to the Massachusetts Superior Court for judicial review

Under Massachusetts law, a complainant who receives a no probable cause finding from the MCAD may seek judicial review of that determination by appealing to the Massachusetts Superior Court. The no probable cause finding is an administrative decision subject to judicial review under the Massachusetts Administrative Procedure Act. This allows Kwame to challenge the adequacy of the MCAD's investigation through the courts.

Answer Options
A
Kwame must accept the MCAD's no probable cause finding; it is a final administrative decision with no further appeal
B
Kwame may appeal the no probable cause finding to the Massachusetts Superior Court for judicial review
C
Kwame may refile the same complaint with MCAD after 90 days have passed from the dismissal
D
Kwame may only continue his claim by filing a complaint with HUD under the federal Fair Housing Act

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Related Topics & Key Terms

Key Terms:

chapter_151BMCADno_probable_causejudicial_reviewappealfair_housing_enforcement

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