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Practice Of Real EstateFair HousingHARD

A condominium association in Boston has a policy requiring board approval for all unit sales and has rejected three consecutive applicants who are of the same national origin. The unit owner files a complaint under MGL Chapter 151B. The association argues it is exempt because it is a private organization governing its own members. Which of the following is the most accurate statement of Massachusetts law?

Correct Answer

D) The association is subject to Chapter 151B, and a pattern of rejections based on national origin may constitute unlawful discrimination

Condominium associations in Massachusetts are subject to MGL Chapter 151B. The private nature of the association does not exempt it from fair housing obligations. A pattern of rejecting applicants of a specific national origin in the exercise of a board approval right can constitute unlawful discrimination under Chapter 151B, which prohibits discrimination in the terms, conditions, and privileges of the sale of housing. National origin is a protected class under both Chapter 151B and the federal Fair Housing Act.

Answer Options
A
The association is exempt because condominium associations are private entities not covered by Chapter 151B
B
The association is subject to Chapter 151B only if it manages more than 20 units in the building
C
The association is exempt because board approval policies are standard business practices not subject to fair housing review
D
The association is subject to Chapter 151B, and a pattern of rejections based on national origin may constitute unlawful discrimination

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Related Topics & Key Terms

Key Terms:

fair_housingexemptionscondominium_associationnational_originchapter_151Bpattern_of_discrimination

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