Legal Question in Discrimination Law in Massachusetts
Tenant Discrimination
I own and reside in a 2 family house in Massachusetts. If I understand the law correctly, I am exempt from the Mass. discrimination laws governing tenant discrimination (MGL 151 Sec. 4, sub sects. 7 and 11). Is it really legal (moral issues aside) for me to say openly I will not rent the apt. to a tenant because he/she has a child, or a handicap? Can I be taken to court on a tenant discrimination suit under these circumstances?
1 Answer from Attorneys
Re: Tenant Discrimination
Because you are an owner occupant of a two family house, you are entitled to make renting decisions that might otherwise be considered discriminatory. The statutes prohibit that conduct based on the number of units in the owner occupied two family building. Therefore, you cannot be charged with housing discrimination in violation of Chapter 151B.