sj, from here: [link]
HOUSING
See also ZONING Section, on page 46.
Federal Fair Housing Act
42 U.S.C. §§ 3535 & 3601-3620
The Act extends civil rights protection to individuals with disabilities by prohibiting discrimination in the sale, rental or conditions of occupancy of a dwelling because of a person’s disability. Owner-occupied dwellings of four or fewer units are exempt from this requirement. It is also unlawful to refuse to allow a person with a disability to make reasonable modifications at his/her expense in order to fully use the premises. Tenants may be required to remove modifications and return the unit to the original condition upon moving. All new multi-family units, rental units and condominiums, in complexes of four or more units, available for first occupancy after March 13, 1991, have to be “adaptable.” Adaptable units include feature such as wide doorways, low outlets, reinforcements in walls for grab bars, useable bathrooms and kitchens) if there is an elevator in the building. If there is no elevator, only the ground floor units must be adaptable. All public and common areas have to be accessible.
Enforcement:
Department of Housing and Urban Development
Office of Fair Housing and Equal Opportunity
O’Neil Building, 10 Causeway Street, #321
Boston, MA 02222
(617) 994-8300 (Voice) (617) 565-5453 (TTY)
(800) 827-5005 (Voice) - Toll Free in Massachusetts
(800) 669-9777 (Voice) - Toll free in US
(617) 565-7313 FAX
Website: [link]
Massachusetts Housing Bill of Rights
G.L. c. 151B §4
This law has the same protection as the federal law, but only exempts owner-occupied, two-family units from coverage. It is illegal for a landlord to ask about a person’s disability, except to ask about qualifications for a special type of unit (“Do you have a condition that qualifies you for a wheelchair accessible unit?”). Only medical opinions which address qualifications for a particular unit may be sought (“Does Jane Doe have a condition that qualifies her for a unit for people with mental retardation?”). If there are 3 or more units, changes must be made to rules or policies if these changes are needed for a person with a disability to use or enjoy the premises. A person with a disability may make reasonable modifications to the premises at his/her own expense.
In publicly assisted housing, or housing with 10 or more units, the landlord is responsible for paying for reasonable modifications unless they would impose an undue hardship. The law also requires that new construction of housing with 3 or more units ready for first occupancy after March 13, 1991 be adaptable consistent with AAB regulations. The Massachusetts Rehabilitation Commission administers a central registry to match accessible and adaptable housing units with persons who need them. Local Independent Living Centers can provide access to the Registry. Access the internet at: [link]
Enforcement:
Massachusetts Commission Against Discrimination:
1 Ashburton Pl. #601, Boston, MA 02108
(617) 994-6000 (Voice); (617) 994-6196 (TTY)
Or
436 Dwight St., #220; Springfield, MA 01103
(413) 739-2145.
Website: [link]