Fair housing is a set of principles, civil laws and regulations which provide equal access and opportunity to housing for protected class members. It impacts the property owner’s policies, practices, procedures and services in terms of advertising, application, tenant selection, amenities, and termination. Under Massachusetts fair housing law, Chapter 151B, military status, which includes veterans is a protected class. Protected classes are designated groups of people and their families that are covered under fair housing law. The military status protected class covers veterans, those individuals on active duty, and those persons enrolled in the Reserves.

In Massachusetts, the other protected classes are race, religion, national origin, gender, disability, familial status, marital status, sexual orientation, genetic information, and receipt of government assistance (including veteran’s benefits and rental vouchers such as Section 8).

Most housing-related activities are covered to some extent by fair housing laws and regulations. Below are some of the more typical activities but this is not an all-inclusive list.

Property owners, developers, condo associations, and homeowner associations are covered parties under fair housing laws. Their employees, such as property managers, clerical staff, maintenance workers and all others are responsible for performing their duties in a manner consistent with fair housing. Attorneys and real estate agents must act and advise their clients in a compliant manner.
Other residents in the building or development can be held responsible under fair housing laws and regulations if their behavior is considered to be discriminatory, such as harassment of you due to your veteran status. Developers, architects and contractors can be held liable under the accessible design and construction fair housing mandates for units built for persons with disabilities and their families.

A reasonable modification is a physical modification to allow greater accessibility and use of the property for a person with a disability. Common examples of reasonable modifications are the installation of bathroom grab bars, ramps and stair railings. If the unit is located in a building or development of 10 contiguous units or more or if the property owner is receiving government assistance, then all costs of the reasonable modification are assumed by the property owner. If the unit does not meet those specifications, then the person making the requests assumes the costs as well as the costs to restore the unit to its original state. There is some financial assistance available though the Home Modifications Program at Metro Housing|Boston. Information regarding that program is available on our website www.metrohousingboston.org, or call (617) 425-6637.

The definition of disability used by both the state and federal fair housing laws includes protection for those persons who are presumed to be disabled and are discriminated against due to that presumption. So in the example used in the question, the fair housing laws would protect a veteran who is denied housing because the property owner believes he/she have a mental illness or substance abuse issue.

You can contact the Metro Housing|Boston Fair Housing Manager at (617) 425-6681. He/she will discuss with you your protections under both the state and federal fair housing laws. He/she can also refer you to agencies for advocacy assistance or to file a complaint.

You can file a fair housing complaint with the federal or state authorities listed below or file a civil action law suit. You also can contact the Fair Housing Center of Greater Boston for advocacy assistance. If you file with the federal or state fair housing authorities, you do not need an attorney and there are no filing fees.

You can contact the Metro Housing|Boston Fair Housing Manager at (617) 425-6681 for technical assistance with any questions you may have. You can also contact any of the Fair Housing resources listed above.