Avoid fines of $16,000 (1st) to $100,000 by accidental descrimination.

Even inadvertent discrimination can cost $16,000 for the 1st offense and up to $100,000 for the 3rd.  Federal Fair Housing protected classes are race, color, national origin, religion, sex (including gender identity and sexual orientation), familial status, and disability.

It is also important to know your State's additional protected classes. For example, the Massachusetts Fair Housing Act provides broad protections beyond federal statutes.  These include the source of income (i.e., a Section 8 Voucher), age, veteran or active military status, and genetic information.

Here's how you can ensure compliance and build a reputable rental business:

➡ Discriminatory Advertising
Steer clear of language in your listings that could imply a preference for or against certain groups of people. Terms like "perfect for a single professional" or "suitable for mature individuals" might seem harmless but can be viewed as discriminatory. Focus instead on property features and amenities, which welcome a diverse range of applicants.

➡ Consistent Application Processes
Establish and adhere to a uniform tenant screening process. Apply the same criteria—credit scores, rental history, and income requirements—to all applicants. This will keep you compliant, streamline your operations, and enhance your professionalism.

➡ Accommodation and Modification for Disabilities
Massachusetts law mandates reasonable accommodations for tenants with disabilities. This could mean allowing service animals in a no-pet building or making exceptions to parking policies. Denying these accommodations without a valid reason can constitute discrimination.

➡ Familial Status Discrimination
Avoid policies that could discriminate against families with children, such as segregating them into specific areas of a property or limiting the ages and number of children who can reside in a unit. Such actions can lead to legal issues unless they are clearly justified by a legitimate business need.

➡ Lead Paint Disclosure
Given the age of many Massachusetts properties, lead paint is a common concern. It's essential to disclose potential lead paint hazards and take action to address these risks, especially in units inhabited by children under six. Choosing not to rent to families with young children to avoid deleading responsibilities is illegal and considered discriminatory based on familial status.

➡ Retaliation Prevention
It is crucial to avoid retaliatory actions against tenants who assert their rights under fair housing laws. This includes protecting tenants who file discrimination complaints or participate in investigations from any punitive actions like rent hikes or evictions.

While this is not legal advice, it does represent what we've learned and what we train our staff to avoid inadvertent discrimination. Please consult with an attorney with any questions or work with a professional property management company familiar with Fair Housing laws and how to apply them.