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Practice Of Real EstateFair HousingMEDIUM

Under Massachusetts law, refusing to rent to someone with a housing voucher is:

Correct Answer

B) Illegal source of income discrimination

Massachusetts prohibits discrimination based on source of income, including Section 8 vouchers and other rental assistance.

Answer Options
A
Legal
B
Illegal source of income discrimination
C
Only illegal in Boston
D
At landlord discretion
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Why This Is the Correct Answer

B is correct because Massachusetts law explicitly prohibits discrimination based on source of income, which includes housing vouchers. This protection extends statewide, making it illegal for landlords or property managers to refuse renting to someone solely because they use a housing voucher program.

Why the Other Options Are Wrong

Option A: Legal

A is incorrect because Massachusetts specifically prohibits source of income discrimination under state law. Unlike federal fair housing laws, Massachusetts protects housing voucher holders, making this form of discrimination illegal across the state.

Option C: Only illegal in Boston

C is incorrect because while Boston may have additional fair housing protections, the state law against source of income discrimination applies statewide, not just in Boston. Massachusetts law prohibits this practice everywhere in the state.

Option D: At landlord discretion

D is incorrect because landlords cannot use discretion when it comes to protected classes under Massachusetts law. Refusing to rent based on source of income is specifically prohibited, regardless of the landlord's personal preferences.

Deep Analysis of This Practice Of Real Estate Question

This question addresses a critical aspect of fair housing law that directly impacts real estate professionals' daily decisions. Source of income discrimination is a nuanced area where many practitioners have misconceptions. The core concept here is that Massachusetts law treats housing vouchers (like Section 8) as a protected class characteristic similar to race or religion. When analyzing the question, we must recognize that Massachusetts law explicitly prohibits discrimination based on source of income, which includes rejecting tenants because they use housing vouchers. This differs from federal law, which doesn't protect source of income discrimination. The challenge in this question lies in understanding the distinction between Massachusetts law and federal fair housing laws, as well as recognizing that local ordinances (like Boston's) might offer additional protections but don't create exceptions to the state law. This connects to broader real estate knowledge about fair housing protections, which vary by state and locality, and the importance of knowing both federal and applicable state regulations.

Background Knowledge for Practice Of Real Estate

Source of income discrimination became protected under Massachusetts law in 2010 through Chapter 260 of the Acts of 2010. This law amended the Massachusetts General Laws to include 'source of income' as a protected class in housing discrimination cases. The law was enacted to address housing discrimination against low-income families, particularly those receiving rental assistance through programs like Section 8. Unlike federal fair housing laws, which do not protect source of income discrimination, Massachusetts joined states like California, New York, and New Jersey in recognizing this protection. The Massachusetts Commission Against Discrimination (MCAD) enforces these protections, which cover all housing transactions including rentals, sales, and financing.

Memory Technique

analogy

Think of housing vouchers like any other form of payment - just as you can't refuse cash, credit cards, or checks, you can't refuse vouchers in Massachusetts.

When encountering questions about source of income discrimination, remember that vouchers are just a payment method, not a characteristic that can be used to discriminate against tenants.

Exam Tip for Practice Of Real Estate

For fair housing questions, always check if the state offers broader protections than federal law. Massachusetts specifically protects source of income, making voucher discrimination illegal statewide.

Real World Application in Practice Of Real Estate

Sarah, a real estate agent in Worcester, shows an apartment to a prospective tenant who mentions they have a Section 8 housing voucher. The property owner tells Sarah they don't accept 'Section 8 tenants' and asks her not to show the property to anyone with vouchers. Under Massachusetts law, Sarah must inform the owner that this refusal violates state fair housing laws. She should explain that source of income discrimination is illegal in Massachusetts and that they must consider applicants with vouchers equally. If the owner persists, Sarah has an ethical obligation to withdraw from the listing to avoid participating in discriminatory practices.

Common Mistakes to Avoid on Practice Of Real Estate Questions

  • Confusing Massachusetts law with federal fair housing law, which does not protect source of income discrimination
  • Assuming local ordinances create the protection rather than understanding it's a state-wide protection
  • Believing landlords have complete discretion over tenant selection without understanding protected class limitations
  • Overlooking that Massachusetts has broader fair housing protections than federal law

Related Topics & Key Terms

Related Topics:

fair-housing-protected-classesstate-versus-federal-housing-lawhousing-voucher-programsmassachusetts-discrimination-laws

Key Terms:

source of income discriminationhousing vouchersfair housing Massachusettsprotected classesrental assistance

Related Concepts

Many states and localities have fair housing laws that expand upon the protections offered by the federal Fair Housing Act.

Protected classes are groups of people who are legally shielded from discrimination based on specific characteristics.

Fair housing laws apply to a broad range of activities related to housing, including sale, rental, financing, and advertising.

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