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Map of Massachusetts eviction risk by county

Fair Housing Protected Classes in Massachusetts 2026

Federal Fair Housing Act baseline plus Massachusetts-specific additions under M.G.L. c. 151B § 4(6)-(7) + c. 272 § 92A.

16 classes Total protected (7 federal + 9 state)
Statewide Source-of-income protection
9 additions Beyond federal baseline
$25,597 Federal first-offense max civil penalty (24 C.F.R. § 180.671)
Federal baseline (uniform in Massachusetts): The Fair Housing Act, 42 U.S.C. § 3604, prohibits discrimination based on race, color, religion, national origin, sex (incl. sexual orientation and gender identity per HUD 2021), familial status, and disability. These seven classes are enforceable in Massachusetts through HUD complaint regardless of what state law says.

Source of Income, Section 8 / HCV Status in Massachusetts

Massachusetts: Source of Income Is Protected Statewide.

Massachusetts is a source-of-income protected state. Landlords statewide must consider applicants paying with Section 8 vouchers, other federal/state housing subsidies, child support, social security, or any other lawful source of income.

All 16 Protected Classes in Massachusetts

Federal classes apply uniformly. The classes shaded green below are Massachusetts-specific additions under M.G.L. c. 151B § 4(6)-(7) + c. 272 § 92A.

Race (federal)
Color (federal)
Religion (federal)
National Origin (federal)
Sex (federal)
Familial Status (federal)
Disability (federal)
Sexual Orientation
Gender Identity
Marital Status
Military / Veteran Status
Age
Ancestry
Genetic Information
Source of Income (incl. rental subsidies)
Children

Recent Massachusetts Statutory Activity

Chapter 270 (2019) extended SOI protection to all rental-assistance recipients.

If you own a rental in Massachusetts, here is the rule that trips up the most landlords: you cannot refuse an applicant just because they pay with a Section 8 Housing Choice Voucher. Source of income is a protected class statewide in Massachusetts, not a local ordinance you can ignore, but a baseline that applies in every city and town. "We don't take vouchers" or "no Section 8" in a listing is itself evidence of a violation, even if you never formally reject a tenant.

That protection lives in M.G.L. c. 151B § 4(6)-(7), reinforced by c. 272 § 92A, and is enforced by the Massachusetts Commission Against Discrimination. Massachusetts goes well beyond the seven federal Fair Housing Act classes, layering on nine additional protected categories. With statewide average rent near $1,641, voucher and subsidy holders make up a meaningful share of applicants, so getting screening right matters in every market.

The Statute and Who Enforces It

Massachusetts fair-housing law is anchored in M.G.L. c. 151B § 4(6)-(7), the state's core anti-discrimination statute, with companion protections in c. 272 § 92A covering places of public accommodation and housing advertising. Together they make it unlawful to refuse to rent, set different terms, or advertise a preference based on any protected class.

Enforcement runs through the Massachusetts Commission Against Discrimination (MCAD). A renter who believes they were turned away unlawfully can file a complaint with MCAD, which investigates, holds hearings, and can order remedies. Because Massachusetts law operates alongside the federal Fair Housing Act, a landlord can face state proceedings through MCAD and separate federal exposure, including federal civil penalties, for the same conduct.

The Nine Classes Massachusetts Adds Beyond Federal Law

The federal Fair Housing Act protects seven classes: race, color, national origin, religion, sex, familial status, and disability. HUD has read "sex" since 2021, after Bostock, to include sexual orientation and gender identity. Massachusetts then adds nine more categories that landlords here must honor:

The practical effect is broad: you cannot screen out an unmarried couple, an older applicant, a veteran, or a family with children, and you cannot reject lawful income such as a voucher, Social Security, or alimony.

The Section 8 and Subsidy Rule After Chapter 270

Source-of-income protection in Massachusetts is not limited to one program. Chapter 270 (2019) extended source-of-income protection to all rental-assistance recipients, closing the gap that once let landlords treat certain subsidies differently. Whether an applicant pays with a federal Housing Choice Voucher, a state subsidy, or another form of rental assistance, the income counts and cannot be the reason for refusal.

That means you may not impose extra requirements, higher deposits, or different terms on voucher holders, and you may not steer them away from certain units. The single most dangerous move is advertising or telling an applicant that you don't accept vouchers, that statement alone can establish a violation before any tenant is ever rejected. You can still apply consistent, income-neutral screening standards, as long as you count the subsidy as valid income.

Screening and Advertising Traps for Small Landlords

The owners who get caught are rarely running deliberate discrimination, they're using habits that quietly violate c. 151B. Common traps include listings that say "no Section 8," "adults preferred," "perfect for a single professional," or "ideal for a mature tenant," each of which signals a preference against a protected class such as children, marital status, or age.

Income screening is another snare: applying a flat income-multiple to the full rent without crediting the voucher portion effectively penalizes subsidy holders. Inconsistent application of rules, asking some applicants for extra documentation, or steering families with children to ground-floor units, also draws MCAD scrutiny. The safe practice is one written, income-neutral screening standard applied identically to every applicant, with the rental subsidy counted as part of their income.

The Cost of a Fair-Housing Violation

Federal civil penalty (uniform in all states): Up to $25,597 for a first-offense FHA violation under 24 C.F.R. § 180.671 (HUD inflation-adjusted). Repeat offenders face up to $63,991 (within five years) or $127,982 (within seven years). HUD-conciliated settlements routinely include actual damages, attorney's fees, mandatory training, and required policy changes. Massachusetts's state fair-housing agency may pursue parallel penalties under M.G.L. c. 151B § 4(6)-(7) + c. 272 § 92A.

City-Level Eviction Risk in Massachusetts

Fair-housing complaint rates correlate with overall tenant-protection enforcement. View landlord risk and tenant-law profile by city:

Boston Worcester Springfield Cambridge Lowell Brockton

Sources & Methodology

Related Guides for Massachusetts Landlords

← Massachusetts Eviction Risk Overview Lease Break & Early Termination Squatter Rights & Adverse Possession Just-Cause Eviction Rules Landlord License Requirements Tenant Rights Summary

This guide summarizes Massachusetts fair-housing protections under M.G.L. c. 151B § 4(6)-(7) and c. 272 § 92A, enforced by the Massachusetts Commission Against Discrimination, alongside the federal Fair Housing Act (42 U.S.C. § 3604). Last reviewed June 2026. This is general informational content, not legal advice; consult a qualified Massachusetts attorney or MCAD for guidance on a specific situation.

Frequently Asked Questions

Can a Massachusetts landlord refuse a Section 8 voucher?

No. Source of income, including rental subsidies, is a protected class statewide under M.G.L. c. 151B § 4(6)-(7). A landlord cannot refuse an applicant, charge different terms, or advertise "no Section 8" simply because the applicant pays with a Housing Choice Voucher. Chapter 270 (2019) extended this protection to all rental-assistance recipients.

How many protected classes does Massachusetts recognize?

Massachusetts recognizes the seven federal Fair Housing Act classes plus nine additional state classes: sexual orientation, gender identity, marital status, military/veteran status, age, ancestry, genetic information, source of income (including rental subsidies), and children. That makes Massachusetts one of the broadest fair-housing states in the country.

Are sexual orientation and gender identity protected in Massachusetts housing?

Yes. Both sexual orientation and gender identity are expressly protected classes under Massachusetts law (M.G.L. c. 151B). They are also covered federally. HUD has read the Fair Housing Act's "sex" provision since 2021, after the Bostock decision, to include sexual orientation and gender identity, so applicants have protection at both the state and federal level.

How is fair housing enforced in Massachusetts, and what are the penalties?

Complaints are handled by the Massachusetts Commission Against Discrimination (MCAD), which investigates, holds hearings, and can order remedies under M.G.L. c. 151B and c. 272 § 92A. Because state and federal law overlap, the same conduct can also trigger action under the federal Fair Housing Act, including federal civil penalties separate from any state remedy.

Federal authority: 42 U.S.C. § 3604; 24 C.F.R. Part 100. State authority: M.G.L. c. 151B § 4(6)-(7) + c. 272 § 92A. Last updated August 29, 2026. For informational purposes only, not legal advice. Fair-housing determinations are highly fact-specific; consult a licensed Massachusetts attorney before making a screening, denial, or eviction decision.