Fair Housing Law
1. Massachusetts Fair Housing Law
State and federal law prohibit discrimination in the sale and rental of housing by property owners, landlords, property managers, mortgage lenders, and real estate agents. These fair housing laws make it unlawful to discriminate based on race, color, national origin, gender, gender identity, sexual orientation, disability, ancestry, genetic information, marital status, veteran or active military status, age, familial status (i.e., children), and source of income (i.e., Section 8 voucher).
2. Massachusetts Lead Law
Homes built before 1978 may contain lead. The Lead Law protects a child's right to a lead-safe home. It requires the removal or control of lead paint in houses with children under six. If houses built before 1978 are being sold or rented, sellers, real estate agents, and owners who rent their homes are required to notify their buyers and tenants of lead risks.
3. Section 8 Housing Options Program
The Housing Options Program (HOP), operated in Greater Boston, provides housing assistance to low-income disabled persons who are homeless or at risk of homelessness. The Housing Choice Voucher Program, commonly known as Section 8, is the federal government’s major program for assisting very low-income families, elders, and people with disabilities to afford decent, safe, and sanitary housing in the private market.
Participants are free to choose any housing that meets the program’s requirements and is not limited to units located in subsidized housing projects. Rental units must meet minimum standards of health and safety, as determined by public housing agencies (PHAs). Under a contract with the Massachusetts Department of Housing and Community Development, Metro Housing| Boston is the largest regional provider of Housing Choice Vouchers in the state.
Guidelines for Real Estate Professionals Working with Section 8
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Tenants pay 30% of their income toward rent and utilities, while the Section 8 voucher covers the rest.
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Inspections for Section 8 housing may take 7–30 days. Units that fail inspection may require repairs to meet housing quality standards.
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Massachusetts law prohibits landlords from rejecting tenants based solely on Section 8 subsidies. However, landlords can reject tenants for other valid reasons, such as poor credit scores or an inability to meet lease terms (e.g., no-pets policy).
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Real estate professionals must inform landlords about Section 8 rules and assist applicants with the process, including submitting rental documents to landlords for review.
4. Anti-Discrimination Practices
Real estate professionals must:
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Avoid discriminatory language in advertisements (e.g., “No Section 8” or “No children”).
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Provide equal treatment to all applicants regardless of race, gender, age, disability, or family status.
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Educate clients on fair housing laws, including obligations related to lead paint compliance.
5. Additional Resources
6. Contact & Support
If you have questions about fair housing rights, lead law compliance, or Section 8 housing—or believe you have experienced housing discrimination—you may contact:
Massachusetts Commission Against Discrimination (MCAD)
(617) 994-6000 · Mass.gov/MCAD
U.S. Department of Housing and Urban Development (HUD)
(800) 669-9777 · HUD.gov/fairhousing
Massachusetts Lead Program (CLPPP)
(800) 532-9571 · Mass.gov/lead
Metro Housing | Boston (Section 8)
(617) 425-6700 · MetroHousingBoston.org
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1020 Commonwealth Avenue, Boston, MA 02215
Everyone deserves an equal opportunity, free from discrimination, to secure the housing that is right for them. This includes safe, lead-free homes for children and families.