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Law and Legal Research

This guide highlights resources for finding answers to basic legal questions.

Types of Housing Law

For our purposes, the phrase "housing law" is an umbrella term referring to two categories: Fair Housing Law and Landlord and Tenant Rights.

Fair Housing Law

The Fair Housing Act, 42 U.S.C. 3601, is federal law. All jurisdictions must abide by this law. "The Fair Housing Act prohibits discrimination by direct providers of housing, such as landlords and real estate companies as well as other entities, such as municipalities, banks or other lending institutions and homeowners insurance companies whose discriminatory practices make housing unavailable to persons because of: race or color, religion, sex, national origin, familial status, or disability." (DOJ)

Fair Housing Law in Massachusetts

As all jurisdictions must abide by the Fair Housing Act, so must Massachusetts. The Commonwealth varies from the federal law by adding seven more areas in-which discriminatory behavior is barred:

"State and federal law prohibit discrimination in the sale and rental of housing by property owners, landlords, property managers, mortgage lenders, and real estate agents. In Massachusetts, it is unlawful for a housing provider to discriminate against a current or prospective tenant based on: Race, Color, National Origin, Religion, Sex, Familial Status (i.e. children), Disability, Source of Income (e.g. a Section 8 voucher), Sexual Orientation, Gender Identity, Age, Marital Status, Veteran or Active Military Status, Genetic Information."

The Massachusetts Attorney General's Civil Rights Division provides examples of violations, a link to file a complaint, additional resources to learn more, and contact information for the Civil Rights Division. Provided also is a Guide to Criminal Records in Employment and Housing.

Massachusetts Landlord and Tenant RightsYou can't vote out a private landlord

The Attorney General's Guide to Landlord and Tenant Rights has a site dedicated to rights and responsibilities when creating or signing onto a lease, as well as laws, regulations, and issues related to renting and leasing an apartment. Additionally, Massachusetts has an Executive Office of Housing and Livable Communities (EOHLC). It creates more homes and lower housing costs for Massachusetts residents, distributes funding to municipalities, oversees the state-aided public housing portfolio, and operates the state's Emergency Family Shelter (EA) program. They have a list of the most common types of tenant rights.

See also the site on Massachusetts law about housing and real estate from the Trial Court Law Library.

Right: Poster produced by the National and Local Government Officers Association. Scotland, ca. 2011. 

Are you facing eviction?

Massachusetts Defense for Eviction (MADE): Self-Guided Eviction Help

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This free guided interview is for Massachusetts tenants who are being evicted. It is estimated to take between 25 and 90 minutes for a typical tenant to use on their own. It will help you make sure that you respond to your landlord's eviction case correctly. It can send you reminders of important dates by text and email. It includes videos and educational links. For more information, visit the Greater Boston Legal Services webpage. Listen to more information about the program from WBUR.

An eBook from Mass Legal Help entitled Legal Tactics: Tenants' Rights in Massachusetts is available to download for free.

Help for Tenants Facing Eviction in Boston

If you’ve been threatened with eviction or already received an eviction notice, the City of Boston provides resources to help.

See also their page What to Do When Facing an Eviction in Boston. On this page, you'll find frequently asked questions about the eviction process in 11 languages.

Local Resources