CIVIL RIGHTS, FAIR HOUSING AND DISABILITY ACCESS ► CHAPTER 15 © 2009 South-Western, Cengage Learning

 definition  M.G.L. c. 151B  “The Fair Housing Law” (MA poster)  no exception when licensee involved  rental agent – treat all parties similarly

© 2009 South-Western, Cengage Learning FEDERAL & STATE 7 protected classes  race  color  national origin  religion  sex/gender  familial status  disability/handicap STATE add 8 more  age  marital status  veteran/military status  children  sexual orientation  public/rental assistance  genetic information  ancestry

© 2009 South-Western, Cengage Learning  Minors are not a Protected Class  FAMILIAL STATUS - a household with child under 18

© 2009 South-Western, Cengage Learning  “handicap” and “disability” interchangeable terms  definition of major life activities  does not include controlled substances

© 2009 South-Western, Cengage Learning  not including registered sex offenders

© 2009 South-Western, Cengage Learning  defined by State Sanitary Code

© 2009 South-Western, Cengage Learning  AGE  OK to determine age of majority  state or federal elderly housing  qualified housing for persons over 55 or 62  ELDERLY or INFIRMED  no children OK – 3 or less dwelling units  MORTGAGE LENDERS  lenders may provide age related preferences

© 2009 South-Western, Cengage Learning  OWNER-OCCUPIED  owner-occupied, 2 dwelling units or less (MA)  no discrimination for race or public assistance  refusal to rent with young children – lead paint  PRIVATE ORGANIZATIONS  may limit housing to members

© 2009 South-Western, Cengage Learning  RELIGIOUS ORGANIZATIONS  may restrict to members of religion  SINGLE-DWELLING  may discriminate for lease of up to one year  no discrimination for race or public assistance

© 2009 South-Western, Cengage Learning  blockbusting  children - as to lead paint  inquiries  membership – MLS or trade organizations  redlining  steering

© 2009 South-Western, Cengage Learning ☑ refusing to rent, sell or negotiate ☑ representing unavailable when available ☑ different sale or lease terms and/or conditions to different people ☑ denying access or membership related to sale or leasing ☑ imposing different loan rates or terms ☑ refusing to make a mortgage loan ☑ discrimination in appraisal NOT

© 2009 South-Western, Cengage Learning reasonable modifications to dwelling units restoration of modifications 10% of total number of dwelling no additional rent or charges for accessible housing reasonable accommodations - rules, policies & practices refusing to rent because of special needs

© 2009 South-Western, Cengage Learning illegal drug use registered sex offenders smoking students animals and pets

© 2009 South-Western, Cengage Learning  treated as human when required by disabled person  can never exclude -- except if causing disturbance

© 2009 South-Western, Cengage Learning  INTERACTIVE PROCESS with disabled prospective tenant  ADVERTISING AND MARKETING always a violation  AMERICANS WITH DISABILITIES ACT (ADA)

2009 South-Western, Cengage Learning

KEY TERMS © 2009 South-Western, Cengage Learning blockbusting fair housing law (M.G.L. c. 151B) handicapped/disabled Massachusetts Commission Against Discrimination (MCAD) public assistance redlining service animal steering