It is against the law for a landlord to refuse to rent an apartment to someone because of the person’s race, color, national origin, ancestry, sex, marital status, religion, age, sexual orientation, source of income, gender identity or expression or military background, or because the person is disabled. With very limited exceptions, it is also illegal to refuse to rent to someone with children. For more information about housing discrimination, contact the Civil Rights Division of the Attorney General’s Office or the Massachusetts Commission Against Discrimination.
Retaliation is Against the Law
A landlord must not retaliate or threaten to retaliate against a tenant or occupant of housing for exercising their rights. It is illegal for landlords to threaten or take reprisals against tenants or occupants who engage in protected activity.
Protected activity includes, but is not limited to:
• Reporting conditions to the landlord or property manager;
• Reporting conditions to the local board of health;
• Filing a complaint in court or with an administrative agency;
• Organizing or joining a tenant’s union.
Retaliation can take many forms, but the following are examples of conduct that would be illegal if threatened or taken as a reprisal against a tenant or occupant of the property for engaging in protected activity:
• Raising the rent;
• Terminating or failing to renew a lease;
• Changing the locks;
• Shutting off the heat or electricity;
• Starting an eviction proceeding;
• Reporting a tenant to the police or immigration officials;
• Harassing a tenant or occupant of the property.
Certain conduct by landlords will create a legal “presumption” that the conduct was retaliatory if it occurs within six months of a tenant or occupant’s protected activity. A presumption means