Legal Question in Real Estate Law in Massachusetts
One Bedroom Occupancy With Baby
My husband and I live in a 4 room/ one bedroom apartment. Recently we found out we were pregnant and our landlord told us that we must move before the baby is born or he will evict us. Many people told us he cannot do that, since a baby can sleep in it's parents' room until the age of two years. I spoke to someone with legal background and he said that what the landlord is doing is descrimination. I would like to know if we are allowed to stay in the apartment with the baby, and if the landlord threatening to evict us due to my pregnancy is descrimination.
2 Answers from Attorneys
Re: One Bedroom Occupancy With Baby
It is illegal to evict you because you are pregnant or have a baby. The only possible exception would be that the physical space is too small for three people to live in as determined by the state building code. This is extremely rare. You should consult a lawyer who can protect you against an eviction.
Re: One Bedroom Occupancy With Baby
I agree that to evict someone because they are pregnant is illegal. You should contact a lawyer. All cases have time deadlines - discrimination cases can be as short as 6 months in Massachusetts.
Your landlord may be trying to avoid having to delead the unit which is required when children under age 6 live there.
Your lawyer will probably advise you to write down your memory of the conversation where the landlord linked your pregnancy and the eviction because once the landlord talks to a lawyer, that kind of talk will stop.
Charles W. Cobb
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