• The Fair Housing Act: Prohibits discrimination in housing (including mortgage lending) on the basis of race, color, religion, national origin, sex, disability and familial status
• 42 U.S.C. § 3605(a) It is unlawful for any person or other entity whose business includes engaging in residential real estate-related transactions to discriminate against any person in making available such a transaction, or in the terms or conditions of such transaction, because of race, color, religion, sex, handicap, familial status, or national origin.
• Equal Credit Opportunity Act: Prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age, or because an applicant receives income from a public assistance program
• Truth in Lending Act Requires clear disclosure of key terms of the lending arrangement
• Additional federal laws: RESPA - Real Estate Settlement Procedures Act & HOPEA – Home Ownership and Equity Protection Act

• MA Truth In Lending Act – 4 year right to rescission if misrepresentations
• M.G.L. c.183 §28C – Refinancing must be in the borrowers interest – burden on lender
• M.G.L. c. 183C §1 Predatory Home Loan Practices Act – prohibits high cost loans
• Chapter 206 of the Acts of 2007 – An Act Protecting and Preserving Homeownership - Requires 90 day right to cure before foreclosure initiated
• M.G.L. c.93A – Consumer Protection Act
• Attorney General Regulations – Prohibit Foreclosure Rescue Scams; Prohibit Deceptive Mortgage Practices

The Massachusetts lead law, in conjunction with fair housing laws, makes it illegal for a property owner or real estate agent to refuse to sell a home to a family with children because of the presence of lead paint. It is the seller’s responsibility to inform you of the dangers of lead paint, the lead law, and all information they have about the presence of lead paint in the property (e.g. copies of all lead inspection reports). Once you own a home, it is your responsibility to de-lead if you have children under the age of six living there. Refusing to rent to families with children is against the law! It is the landlord’s obligation to de-lead their rental properties.

There are funds available to help owners de-lead. For more information, contact the Massachusetts Department of Public Health Childhood Lead Poisoning Prevention Program at (617) 624-5757, (800) 532-9571, or visit their website. For information on the City of Newton’s hazard abatement assistance, contact Malcolm Lucas, Housing Planner, at mlucas@newtonma.gov.

These laws apply to banks and mortgage companies as well. When you are looking for a mortgage, it is essential to compare loan offers from different banks and mortgage companies. Be wary of mortgage brokers who tell you there are no other options or who advertise "No credit? Bad credit? No problem!" Don’t let yourself feel pressured into a mortgage that is not right for you. Here are some ways to avoid problems:

• Educate yourself. Take a First Time Homebuyer course and understand the industry terminology.
• Be a smart consumer. Shop around and compare mortgage products.
• Get your finances in order. Know how much you can afford.
• Talk to someone you trust who isn’t going to make any money from the deal.
• Never agree to a loan if you don't have the income to cover all of your monthly debts, including the mortgage!
• Get copies of all documents before closing, and read them carefully. If you do not understand them, seek help in reviewing them.
• Get a second opinion. Contact a community organization to obtain financial counseling before you sign any documents, or seek advice from an attorney.

Because if discriminatory housing/lending practices are challenged, you could be subject to the following remedies:

• Monetary damages
• Injunctive Relief
• Civil Penalties
• Punitive Damages
• Lawyer’s fees

• Laws and Regulations – Comply with all applicable state and federal laws and regulations
• Confidentially – Respect borrowers’ privacy rights by complying with federal and state privacy laws.
• Equitable Treatment – Maintain a work environment that encourages compliance with these fair lending and consumer best lending practices and facilitates the fair and equitable treatment of consumers.
• Professionalism – Endeavor to employ a workforce of talented, qualified individuals with diverse backgrounds in compliance with applicable laws.
• Procedures and Training – Establish internal compliance, fair lending, servicing, quality, audit and disciplinary procedures. Provide training to employees.
• Compliance – Establish internal procedures to promote compliance with these best practices and applicable law; take appropriate steps to rectify problems.
• Report Violations – Encourage every employee to report violations to senior management.
• Internal Review – On a periodic basis review random samples of loan files to determine compliance.
• Customer Contact Employee Evaluation – Evaluate the behaviors of “customer contact employees” through appropriate measurement tools.

You have the right to choose the best tenant for your unit. You can select tenants using the following criteria as long as you apply the criteria equally to all applicants:

• Credit check (if a tenant has a rental subsidy a credit check may not be as important a criterion)
• References from previous landlords
• Sufficient funds to cover the cost of rent
• Criminal record check

1. Be Consistent: Develop and use a standard process with all applicants. Provide accurate and complete information about available units to all people who inquire.
2. Avoid Assumptions: Assess each individual applicant based on the requirements you have developed and not based on their race, national origin, family status, source of income, disability, age, etc.
3. Document Your Search: Keep your selection criteria and rental policy in writing and make sure to document your reason for refusing an applicant.
4. Don’t Be Helpful at Your Own Expense: Although you may mean well, don’t tell a prospective tenant that it would be safer for her children to live on the first floor or ask a disabled person if they can manage the stairs. Allow each person to decide for him or herself where they want to live.
5. Fair Housing is Ongoing: Practicing fair housing does not end when you find a tenant. Make sure all rental policies and services are applied equally to all tenants. Participate in a fair housing training to ensure that you stay up to date on your fair housing responsibilities.

Contact the Newton Human Rights Commission and File a Complaint. Your claim will be reviewed and investigated, and if appropriate, the Commission will try to resolve it by working directly with both sides.

Housing discrimination can take many forms, including these examples:

• Steering – If you are African American being directed to neighborhoods with only African Americans, or if you are Latino to neighborhoods with only Latinos etc.
• Different prices for different people – For example, the price told to a family with children, or someone who is Asian, or someone with a disability, is different than the price told to a family without those characteristics.
• Different terms and conditions for different people – For example, Latino buyers are required to bring a mortgage pre-approved letter before looking at properties, but non-Latino buyers are shown properties without being pre-approved.
• Outright denial of housing or services – For example “I can’t sell you this house because it has lead paint and you have children” or “I think you would be much more comfortable working with my colleague who is Asian”.

Remember: If you buy a multi-family house and become a landlord, you are responsible for upholding the fair housing laws!

Fair Housing Center of Greater Boston
The Fair Housing Center of Greater Boston works to eliminate housing discrimination and promote open communities throughout the region. They serve Essex, Middlesex, Norfolk, Plymouth, and Suffolk counties. They are located at 59 Temple Place, #1105, Boston, MA 02111. For more information, go to the Fair Housing Center website, call (617) 399-0491, or email info@bostonfairhousing.org. TTY users, please call the MA Relay Service at 1-800-439-2370.

Boston Regional Office of FHEO U.S. Department of Housing and Urban Development (HUD)
Thomas P. O’Neill, Jr.
Federal Building
10 Causeway Street, Room 321
Boston, MA 02222-1092
617-994-8300
800-827-5005
617-565-7313 Fax
TTY 617-565-5453
Complaints_office_01@hud.gov

Massachusetts Commission Against Discrimination (MCAD)
One Ashburton Place
Sixth Floor, Room 601
Boston, MA 02108
617-994-6000
TTY: 617-994-6196

Massachusetts Office of the Attorney General
Civil Rights Division
One Ashburton Place
Boston, MA 02108
617-727-2474
TTY: (617) 727-4765

Massachusetts Affordable Housing Alliance (MAHA)
197A Centre Street
Dorchester, MA 02124
617-822-9100
617-265-7503 Fax
info@mahahome.org

Metropolitan Housing Boston (Restricted to Metro Housing clients only.)
Barbara R. Chandler
Fair Housing Manager
125 Lincoln Street
Boston, MA 02111
617-425-6681
617-532-7577 Fax
Barbara.Chandler@mbhp.org