Legal Question in Real Estate Law in Massachusetts

vacation rental discrimination

Is it discriminatory to refuse a rental based on the number of unrelated people. i.e. 5 unrelated college students; 4 unrelated business workers; 12 unrelated police officers?


Asked on 4/28/08, 8:38 pm

2 Answers from Attorneys

Craig J. Tiedemann Kajko, Weisman & Colasanti, LLP

Re: vacation rental discrimination

There is not, and never has been, any law against renting property to a designated number of unrelated people. The "anti-brothel law" is one of the most believed (but historically untrue) urban legands around.

However, there ARE laws in Massachusetts (and elsewhere) prohibiting discrimination in housing rentals, based on things like race, color, gender, religion, etc.

You should consult an attorney (recommended) or, at the very least, the Mass Attorney General's website for information about legal requirements in renting housing; or this trial court link to info about same: http://www.lawlib.state.ma.us/landlord.html; or other reliable, official resources.

NOTICE: This information is NOT, and shall not be deemed to be, LEGAL ADVICE, nor does this response or any communication or other factors give rise to an ATTORNEY-CLIENT relationship, unless and until the parties mutually agree to form such relationship, which shall not arise until they consent thereto, in writing, signed by all parties.

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Answered on 4/28/08, 9:04 pm
Herbert Cooper Law Offices of Jameson & Cooper

Re: vacation rental discrimination

Echoing the answer of the other attorney, it is possible (within certain parameters) to limit the number of occupants in a legal fashion.

In addition, there may be code requirements which would prohibit more than a certain number of adult tenants in a property.

Also, the laws applicable to the rental of a vacation property, short in duration, and by someone who does not rent multiple properties as a business, are a little different than general laws on rental.

For example, a real estate agent may be bound to adhere to anti-discrimination laws that may not be applicable to a homeowner renting out a property in a face-to-face transaction...

(But the real estate agent, acting on behalf of the homeowner, will not be free to discriminate, even though representing the individual homeowner.)

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Answered on 5/01/08, 9:42 am


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