MA Fair housing, landlord-tenant & environmental

MA Protected Classes (M.G.L. c. 151B)

14 protected classes including race, color, religion, sex, national origin, ancestry, disability, familial status, sexual orientation, gender identity, age, marital status, military status, and public assistance.

State vs. Federal Housing Laws

MA law is stricter than federal law, covering smaller 2-family properties and adding classes like sexual orientation, age, and public assistance.

Public Assistance / Section 8 Protection

Illegal for landlords to refuse to rent solely because a tenant receives public assistance or housing vouchers like Section 8.

MA Housing Discrimination Penalty

First-time MCAD violations carry civil penalties, real estate license suspension/loss, and actual/punitive damages.

MA Lead Paint Law (M.G.L. c. 111)

Requires full compliance and deleading for pre-1978 homes where a child under 6 resides or will reside.

Lead Paint Notification Form

Must be provided to prospective buyers and tenants of pre-1978 homes prior to signing a contract or lease.

10-Day Lead Paint Inspection Right

Buyers of pre-1978 homes get a mandatory 10-day period to conduct a lead paint risk assessment before contract binding.

Lead Paint Emergency Encapsulation

A temporary interim control measure making lead hazards safe for up to 2 years under certified inspector oversight.

Lead Paint Rental Refusal Prohibition

Refusing to rent to families with children under 6 to avoid lead paint laws is illegal housing discrimination under Chapter 151B.

Title V Septic Inspection

Conventional septic systems must be inspected and certified within 2 years prior to property transfer (or 3 years if pumped annually).

Title V Repair Responsibility

State law does not mandate whether buyer or seller pays for Title V repairs; it is negotiable.

Title V Conditional Pass & Failure

Conditional pass requires minor repairs like a new baffle; failure requires system repair or replacement within 2 years.

Landlord Security Deposit Maximum

Landlords can collect first month's rent, last month's rent, a security deposit (max 1 month), and a key/lock change fee.

Security Deposit Interest Requirement

Must be held in an interest-bearing MA bank account; landlords must pay tenants 5% interest annually or actual earned interest.

Security Deposit Return & Penalties

Must return deposit within 30 days of lease termination; violations result in forfeiture of deposit and treble (triple) damages.