Only 16% of transgender individuals owned their homes, in contrast to 63% in the U.S. population. (2015 U.S. Trans Survey, The National Center for Transgender Equality)
The following information has been adapted from Boston Fair Housing Commission
Home sellers and landlords have a responsibility and a requirement under the law not to discriminate in the sale, rental, or financing of property. Under the law, a home seller or landlord cannot establish discriminatory terms or conditions in the purchase or rental, deny that housing is available only to persons in a protected class, or instruct an agent or broker to convey such limitations to potential applicants.
Real Estate Agents
Real estate agents are required to offer equal professional service, the opportunity to consider a broad range of housing choices, and no discriminatory limitations on communities or locations of housing. Additionally, an agent must not discriminate in the financing, appraising or insuring of housing. Real estate agents must provide reasonable accommodations in rules, practices, and procedures for persons with disabilities. Finally, real estate agents a required to present non-discriminatory terms and conditions for the sale, rental, financing, or insuring of a dwelling. An individual has the right to be free from harassment or intimidation for exercising their fair housing rights.
What housing is covered under anti-discrimination laws? What are some examples of behavior that may be housing discrimination?
What housing is covered under anti-discrimination laws?
- Single-family homes owned by private persons when a real estate broker and/or discriminatory advertising is used to rent or sell the home.
- Single-family homes not owned by private persons (such as corporations or partnerships), even if a broker is not used to rent or sell the home.
- Owner occupied multi-family buildings when a real estate broker and/or discriminatory advertising is used to rent or sell the home.
- Multi-family buildings with four or fewer units, if the owner does not live in one of the units.
- Multi-family buildings with five or more units, including rooming houses.
What are some examples of behavior that may be housing discrimination?
- If you call and get an appointment to look at a house, but when you get there, you are told that the house was just sold.
- If you are told that the apartment has been rented, but it is listed in the paper again.
- If you are told a higher selling price than what was advertised, or what you hear others being told.
- If you are told that they cannot rent to families with children because the house has lead paint.
- If you are told that only married couples can purchase the unit.
- If you are given different terms or conditions for signing a lease than other applicants.
- If you are told that you can’t or shouldn’t buy the house because the neighbors might be unfriendly, or they many not accept families like yours.
- If you are only shown homes in certain parts of town.
- If you are not given the opportunity to negotiate.
Even if discriminatory actions are not intentional, they are still illegal.
- If you offer options to one applicant and not to another based on their membership in a protected class, such as gender identity or sexual orientation, this is discrimination.
- If you make assumptions about potential tenants or clients – about their ability to pay, about their likelihood of being “good” tenants, about their potential for causing problems – based on their perceived or actual race, disability, ethnicity, family size, gender identity, sexual orientation etc. – that is discrimination.
How do you file a housing discrimination complaint?
Note: It is important to act quickly because some of your rights are not protected if you do not act within 6 months.
The Massachusetts Commission Against Discrimination (MCAD), Fair Housing Center of Greater Boston, and The Department of Housing and Urban Development are all agencies in which one can utilize to file a housing discrimination complaint, regardless of location in Massachusetts.
Massachusetts Commission Against Discrimination (MCAD)
MCAD handles all discrimination complaints that have to do with state law, as well as violations of the Federal Title VIII Act.
- Click here for a quick reference on housing discrimination
- Click here for more information about how to file a complaint with MCAD
The Fair Housing Center of Greater Boston is another organization that can assist you in filing a housing complaint; serving the communities of Essex, Middlesex, Norfolk, Plymouth, and Suffolk counties. Based on the facts of your case, the Center may assist you with filing a complaint in court. How to File Link *Individual must download complaint intake form. A complaint or request for inspectional services can be filed through the Mayor’s 24 Hour Constituent Service Line, this can be done online, in person, or via phone at 311
The Department of Housing and Urban Development (HUD) is a federal agency that takes complaints and investigates housing discrimination that violates federal law. You can file a complaint online, on the phone, or through the mail.
There is a specific HUD rule that prohibits discrimination on the sexual orientation and gender identity. This includes any housing funded by HUD including Section 8, FHA loans, and other HUD funded housing.
Filing a Housing Discrimination Complaint in Other Major Cities:
- Cambridge Human Rights Commission
- City of Somerville Human Rights Commission
- New Bedford Human Relations Commission
Everyone is deserving of safe and stable housing. It is illegal in the state of Massachusetts to discriminate against an individual on the basis of their gender identity in the area of housing. Contact us if you or someone you know have experienced discrimination based on gender identity or gender expression.
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