Fair Housing: The Seller's Instructions, the Ad Copy, and the MCAD Complaint
A broker at Northshore Homes takes a listing at 55 Willow Road. The seller says: 'I don't want a family with young children - the stair railing is loose - and no Section 8 buyers; I'd like a nice churchgoing family.' The broker answers 'I understand' and runs an ad: 'Willow Road charmer - ideal for a professional couple, quiet, no children.' A Black prospective buyer calls; the agent on duty tells her the neighborhood 'may not be a good fit' and steers her to a listing two towns away. A family with two children under 6 is told the house is 'not available' and reminded about the railing. The Black buyer files with MCAD 120 days later.
1. Which of the seller's instructions could the broker lawfully follow, and what should he have done instead?
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None of the three conditions is lawful, and 'I understand' is the wrong answer
- Children under 18: familial status is protected under the federal Fair Housing Act and Massachusetts c. 151B. Massachusetts recognizes only qualified housing for older persons (55+ and 62+ communities) as an exception, and this is not one of them.
- Section 8: Massachusetts protects source of income, and refusing a voucher holder is illegal. 'No Section 8' is a statement of discriminatory intent.
- Religion: a protected class. 'Churchgoing family' cannot be a screening criterion.
- The loose railing is a repair, not a lawful reason to exclude families with children.
What the broker should have done
- Explain the legal obligations to the seller in writing, refuse to transmit or implement the preferences, and list the property without conditions.
- If the seller insisted, terminate the listing. Following a client's discriminatory instruction is not a defense; the licensee and the firm are independently liable, and supervision failures are license violations under 254 CMR.
2. Analyze the advertisement, the steering, and the 'not available' response. What liability does the firm face?
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The ad
- 'No children' is an express familial-status restriction and is unlawful discriminatory advertising. 'Ideal for a professional couple' is softer but signals exclusion; use neutral property descriptions and an equal-housing statement.
The steering
- Telling a Black buyer the neighborhood 'may not be a good fit' and directing her two towns away is racial steering, prohibited by c. 151B and the federal Fair Housing Act. Steering deprives the buyer of housing opportunity and is actionable even if no sale is lost.
The 'not available' answer
- If the house was available, this is an unlawful refusal to show and negotiate, compounded by the familial-status bias. The railing comment confirms the motive.
Firm liability
- The broker is liable for the acts of the agent on duty and for failing to supervise. Remedies under c. 151B include damages, injunctive relief and attorney's fees, and the conduct also supports a c. 93A claim. A federal court action can add punitive damages. License discipline against the agent and the broker is separate from and additional to the civil exposure.
3. The complaint was filed 120 days after the conduct. Is it timely, and how does the lead paint issue interact with the refusal to show families with children?
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Timing
- A c. 151B complaint must be filed with MCAD within 300 days of the discriminatory act. At 120 days the complaint is timely, and the buyer may also pursue a civil action in court under c. 151B's own limitations period.
- The federal route (HUD) allows a longer filing window, so the buyer has options. Do not treat a 120-day filing as stale.
Lead paint
- The house is pre-1978 and the concern about young children points to lead, not to a lawful basis for exclusion. An owner may not refuse to sell or rent to a family with a child because of lead paint hazard; that is familial-status discrimination. The obligation is to delead or bring the property into compliance, not to screen out children.
- The seller must still deliver the Massachusetts property-transfer lead notification and the 10-day testing opportunity. Failing to deliver it, while also refusing families with children, will be read together as evidence of discriminatory intent.
- Advise the seller in writing: fix the railing, address the lead, drop the conditions, and document the advice. Continued compliance is the only defensible position once a complaint is on file.