If you are a member of a protected class (Race, Color, National Origin, Religion, Sex, Familial Status, Disability, Source of Income, Sexual Orientation, Gender Identity, Age, Material Status, Veteran or Active Military Status, Genetic Information) it is illegal, as a general rule, for someone to:

• Refuse to rent to you or sell you housing
• Tell you housing is unavailable when in fact it is available
• Show you apartments or homes only in certain neighborhoods
• Set different terms, conditions, or privileges for sale or rental of a dwelling
• Advertise housing to preferred groups of people only
• Refuse to provide you with information regarding mortgage loans, deny you a mortgage loan, or impose different terms or conditions on a mortgage loan
• Deny you property insurance
• Conduct property appraisals in a discriminatory manner
• Refuse to make reasonable accommodations for persons with a disability if the accommodation may be necessary to afford such a person a reasonable and equal opportunity to use and enjoy a dwelling
• Harass, coerce, intimidate, or interfere with anyone exercising or assisting someone else with his/her fair housing rights

This list covers most but not all of the discriminatory housing activities which are unlawful.

Click for the PDF version on How to File a Fair Housing Complaint

Step 1: Document Everything

Write down the details as soon as possible: who was involved, what was said or done, when and where it happened, and how it affected you. Save any relevant emails, texts, listings, or paperwork.

Step 2: Choose Where to File

You have several options. You may file with more than one agency.

Newton Human Rights Commission (Local)
The Commission investigates complaints, attempts informal resolution, and is a neutral body, it does not advocate for either party.

• Complete the Housing Discrimination Complaint Form and email to hrc@newtonma.gov
• Or call the Fair Housing Hotline: 617-796-1120 (leave a message; calls returned next business day)
• Mail to: Newton Human Rights Commission, 1000 Commonwealth Avenue, Newton Centre, MA 02459
• Free to file. No attorney required. Must file within 300 days of the incident.

Massachusetts Commission Against Discrimination — MCAD (State)
Handles complaints under both state and federal law.

• Website: mass.gov/mcad
• Phone: 617-994-6000 | TTY: 617-994-6196
• Address: One Ashburton Place, 6th Floor, Room 601, Boston, MA 02108
• Must file within 300 days of the most recent violation.

U.S. Dept. of Housing and Urban Development — HUD (Federal)
For complaints under federal law.

• Website: hud.gov
• Phone: 800-827-5005 | TTY: 617-565-5453
• Must file within one year of the most recent violation.

Fair Housing Center of Greater Boston (Advocacy)
A private organization that can help you file and may advocate on your behalf.

• Website: bostonfairhousing.org
• Phone: 617-399-0491
• TTY: MA Relay Service 1-800-439-2370

Step 3: Know Your Rights in the Process

• Filing is always free. You do not need to hire an attorney, though you have the right to one at your own expense.
• Income-eligible residents may be able to access representation through area legal aid clinics.
• If your complaint is resolved in your favor, you may be entitled to: the housing you sought, compensation for costs (temporary housing, moving expenses), damages for emotional harm, and/or attorney's fees.
• At any point in the process, you may choose to file directly in court.

The Newton Human Rights Commission is authorized under City of Newton Ordinance Article 4 sections 12-50 - 12-59. The Human Rights Commission considers claims of discrimination relating to housing that occur in Newton and that are filed within 300 days of the occurrence of the alleged unlawful practice. The Commission does not represent or advocate for any party in court or before an administrative agency, nor does it have actual enforcement powers. It is a neutral governmental body which receives and investigates discrimination complaints, attempts to resolve them informally, and if necessary, proposes remedial actions following a fact-finding hearing.

You will be contacted directly to discuss next steps. In appropriate situations, your complaint may be referred to the Fair Housing Center of Boston for immediate action or to a service agency. Otherwise, your complaint will be investigated by the Newton Human Rights Commission, and an attempt will be made to resolve it informally. At any point in the process, and particularly if an applicable filing deadline is approaching, you may choose to file a housing discrimination complaint directly in court or with State (Massachusetts Commission Against Discrimination) and Federal (Housing & Urban Development) government agencies which have formal enforcement powers.

If you challenge discriminatory housing practices and your claim is informally settled, or you receive a favorable decision by a court or administrative enforcement agency, you may receive:

• The housing you wanted
• Compensation for costs such as temporary housing or moving expenses
• Compensation for any emotional damages suffered as a result of the discrimination
• An order prohibiting future discrimination or requiring the owner/agent to rent to other qualified homeseekers who are members of a protected class
• Your lawyer’s fees paid (some attorneys will take cases with the understanding that they will only be paid if you win the case)
• Satisfaction of knowing that you challenged discrimination and that other people may not go through the pain and frustration you experienced.

Because if discriminatory housing/lending practices are challenged, you could be subject to the following remedies:

• Monetary damages
• Injunctive Relief
• Civil Penalties
• Punitive Damages
• Lawyer’s fees

• The Fair Housing Act: Prohibits discrimination in housing (including mortgage lending) on the basis of race, color, religion, national origin, sex, disability and familial status
• 42 U.S.C. § 3605(a) It is unlawful for any person or other entity whose business includes engaging in residential real estate-related transactions to discriminate against any person in making available such a transaction, or in the terms or conditions of such transaction, because of race, color, religion, sex, handicap, familial status, or national origin.
• Equal Credit Opportunity Act: Prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age, or because an applicant receives income from a public assistance program
• Truth in Lending Act Requires clear disclosure of key terms of the lending arrangement
• Additional federal laws: RESPA - Real Estate Settlement Procedures Act & HOPEA – Home Ownership and Equity Protection Act

The Massachusetts lead law, in conjunction with fair housing laws, makes it illegal for a property owner or real estate agent to refuse to sell a home to a family with children because of the presence of lead paint. It is the seller’s responsibility to inform you of the dangers of lead paint, the lead law, and all information they have about the presence of lead paint in the property (e.g. copies of all lead inspection reports). Once you own a home, it is your responsibility to de-lead if you have children under the age of six (6) living there. Refusing to rent to families with children is against the law! It is the landlord’s obligation to de-lead their rental properties.

There are funds available to help owners de-lead. For more information, contact the Massachusetts Department of Public Health Childhood Lead Poisoning Prevention Program at (617) 624-5757, (800) 532-9571. For information on the City of Newton’s hazard abatement assistance, contact Malcolm Lucas, Housing Planner, at mlucas@newtonma.gov.

These laws apply to banks and mortgage companies as well. When you are looking for a mortgage, it is essential to compare loan offers from different banks and mortgage companies. Be wary of mortgage brokers who tell you there are no other options or who advertise "No credit? Bad credit? No problem!" Don’t let yourself feel pressured into a mortgage that is not right for you. Here are some ways to avoid problems:

• Educate yourself. Take a First Time Homebuyer course and understand the industry terminology.
• Be a smart consumer. Shop around and compare mortgage products.
• Get your finances in order. Know how much you can afford.
• Talk to someone you trust who isn’t going to make any money from the deal.
• Never agree to a loan if you don't have the income to cover all of your monthly debts, including the mortgage!
• Get copies of all documents before closing, and read them carefully. If you do not understand them, seek help in reviewing them.
• Get a second opinion. Contact a community organization to obtain financial counseling before you sign any documents, or seek advice from an attorney.

• Laws and Regulations – Comply with all applicable state and federal laws and regulations
• Confidentially – Respect borrowers’ privacy rights by complying with federal and state privacy laws.
• Equitable Treatment – Maintain a work environment that encourages compliance with these fair lending and consumer best lending practices and facilitates the fair and equitable treatment of consumers.
• Professionalism – Endeavor to employ a workforce of talented, qualified individuals with diverse backgrounds in compliance with applicable laws.
• Procedures and Training – Establish internal compliance, fair lending, servicing, quality, audit and disciplinary procedures. Provide training to employees.
• Compliance – Establish internal procedures to promote compliance with these best practices and applicable law; take appropriate steps to rectify problems.
• Report Violations – Encourage every employee to report violations to senior management.
• Internal Review – On a periodic basis review random samples of loan files to determine compliance.
• Customer Contact Employee Evaluation – Evaluate the behaviors of “customer contact employees” through appropriate measurement tools.

You have the right to choose the best tenant for your unit. You can select tenants using the following criteria as long as you apply the criteria equally to all applicants:

• Credit check (if a tenant has a rental subsidy a credit check may not be as important a criterion)
• References from previous landlords
• Sufficient funds to cover the cost of rent
• Criminal record check

1. Be Consistent: Develop and use a standard process with all applicants. Provide accurate and complete information about available units to all people who inquire.
2. Avoid Assumptions: Assess each individual applicant based on the requirements you have developed and not based on their race, national origin, family status, source of income, disability, age, etc.
3. Document Your Search: Keep your selection criteria and rental policy in writing and make sure to document your reason for refusing an applicant.
4. Don’t Be Helpful at Your Own Expense: Although you may mean well, don’t tell a prospective tenant that it would be safer for her children to live on the first floor or ask a disabled person if they can manage the stairs. Allow each person to decide for themselves where they want to live.
5. Fair Housing is Ongoing: Practicing fair housing does not end when you find a tenant. Make sure all rental policies and services are applied equally to all tenants. Participate in a fair housing training to ensure that you stay up to date on your fair housing responsibilities.

Fair Housing Center of Greater Boston
The Fair Housing Center of Greater Boston works to eliminate housing discrimination and promote open communities throughout the region. They serve Essex, Middlesex, Norfolk, Plymouth, and Suffolk counties. They are located at 59 Temple Place, #1105, Boston, MA 02111. For more information, go to the Fair Housing Center website, call (617) 399-0491, or email info@bostonfairhousing.org. TTY users, please call the MA Relay Service at 1-800-439-2370.

Boston Regional Office of FHEO U.S. Department of Housing and Urban Development (HUD)
Thomas P. O’Neill, Jr.
Federal Building
10 Causeway Street, Room 321
Boston, MA 02222-1092
617-994-8300
800-827-5005
617-565-7313 Fax
TTY 617-565-5453
Complaints_office_01@hud.gov

Massachusetts Commission Against Discrimination (MCAD)
One Ashburton Place
Sixth Floor, Room 601
Boston, MA 02108
617-994-6000
TTY: 617-994-6196

Massachusetts Office of the Attorney General
Civil Rights Division
One Ashburton Place
Boston, MA 02108
617-727-2474
TTY: (617) 727-4765

Massachusetts Affordable Housing Alliance (MAHA)
197A Centre Street
Dorchester, MA 02124
617-822-9100
617-265-7503 Fax
info@mahahome.org

Metropolitan Housing Boston (Restricted to Metro Housing clients only.)
Barbara R. Chandler
Fair Housing Manager
125 Lincoln Street
Boston, MA 02111
617-425-6681
617-532-7577 Fax
Barbara.Chandler@mbhp.org