Fair housing rules touch nearly every decision a housing authority, developer, or landlord makes. A complaint or audit can land on your desk without warning, and the clock starts ticking.
At Casey, Burns & Jean-Felix, PLLC, we guide public and private housing providers through compliance, leasing, development, and discrimination defense across Massachusetts and New Hampshire. Rooted in the century-long service of Casey Lundregan Burns, P.C., our team brings steady counsel built on integrity and practical results.
Key Legal Frameworks Governing Fair Housing
A clear grasp of the rules helps prevent complaints and fees. The laws below shape daily operations for public and private housing providers.
Federal Protections Under the Fair Housing Act
The federal Fair Housing Act prohibits discrimination tied to race, color, national origin, religion, sex, familial status, and disability. These protections apply to advertising, screening, rental terms, and termination. Retaliation is also unlawful, even if the original complaint does not hold up.
The Act reaches rentals, sales, and lending, which affects large property managers and public housing agencies alike. HUD issues rules and guidance that set expectations for policies, notices, and recordkeeping.
Massachusetts adds more protections on top of the federal floor. Local ordinances can add even more rules in some cities.
Massachusetts State Law Context
Under M.G.L. c. 151B, housing providers cannot discriminate based on age, sexual orientation, gender identity, marital status, veteran status, or lawful source of income. State law also bars discriminatory advertising and steering. Programs that involve subsidies often bring added duties under handbooks and contracts.
The Massachusetts Commission Against Discrimination, called MCAD, enforces these rules through investigations, conciliation, and hearings. State agencies and courts can order damages, training, policy updates, and civil penalties.
How Casey, Burns & Jean-Felix, PLLC Assists Clients
You need policies that work in the field and hold up under review. Our attorneys build processes that fit real buildings, staff, and budgets.
Proactive Compliance and Policy Development
We draft and review screening standards, waiting list procedures, tenant selection plans, and application forms. Our team aligns house rules, notices, and lease riders with federal guidance, MCAD rules, and program handbooks. We also refresh policies after inspections or new case law.
Common projects we handle include the following:
- Annual audits of files, notices, and adverse action letters.
- Fair housing and reasonable accommodation training for site staff and boards.
- Updates to marketing and screening to remove blanket bans and biased language.
- Guidance for community rules on parking, amenities, and safety devices.
We follow up with short action plans and simple checklists your team can use right away.
| Area | What We Review | Common Risk If Ignored |
| Screening | Income standards, criminal checks, credit policies | Disparate impact from blanket rules |
| Waiting Lists | Preferences, time stamps, transfers | Claims of favoritism or lost placement |
| Advertising | Words, images, platforms used | Messages that imply a preference or limitation |
| Leasing & Notices | Addenda, fee schedules, termination grounds | Inconsistent terms and retaliation claims |
These reviews help catch problems early and keep files clean for any agency request.
Disability rights are a frequent pressure point in fair housing practice.
Reasonable Accommodations and Modifications
We help landlords assess written and verbal requests, then gather any needed third-party info without overreaching. Our guidance covers assistance animals, parking, live-in aides, and rent payment policies.
When a request raises cost or safety issues, we analyze if it poses an undue administrative or financial burden. We document the dialogue with the resident and propose options that meet the disability-related need.
When disagreements do arise, a fast and organized response matters.
Administrative Advocacy and Litigation Defense
We defend clients before HUD, MCAD, and local commissions, from intake through hearing. Our team prepares position statements, timelines, and witness outlines that match the facts.
We handle mediation, consent agreements, or, when needed, court actions. Cost control stays central, with early case assessment and settlement targets set with you.
Typical steps in a defense plan include the following:
- Issue a hold notice and collect leases, emails, texts, and logs.
- Interview staff and identify witnesses with first-hand knowledge.
- Draft a clear response with exhibits that support each point.
- Attend conferences and explore resolution where it makes sense.
Throughout the case, we keep you updated with plain-language reports and next steps.
Common Challenges in Housing and Property Management
Even strong teams run into recurring trouble spots. Two areas generate a lot of questions and complaints.
Managing Source of Income Requirements
Massachusetts bars discrimination based on lawful sources of income, including Section 8 vouchers, veterans benefits, foster care stipends, and public assistance. We help owners set screening that looks at rent share, history, and behavior, not the funding stream.
To keep screening fair and consistent, many clients use these approaches:
- Minimum income applied to the tenant’s portion only, not the full contract rent.
- Rental history standards focused on conduct and documented lease issues.
- Credit rules that weigh recent payment behavior more than old debt.
- Occupancy limits based on code, not family makeup or pregnancy.
These standards apply the same way to every applicant.
Accessibility questions come up in both new builds and existing properties.
Evaluating Accessibility and Design Standards
Covered multifamily housing built after March 1991 must meet federal design features for accessibility. Public areas that serve the public can trigger ADA duties, and Massachusetts codes and 521 CMR add more detail.
Developers and agencies reduce risk with early plan reviews, checklist-based inspections, and quick fixes for path of travel issues. We work with your architect and contractor to document compliance and address punch-list items tied to access.
Frequently Asked Questions
Here are answers to issues we hear often from housing authorities and property owners.
What should I do if a tenant files a fair housing complaint against my property?
Avoid direct confrontation. Collect leases, applications, notices, call logs, emails, and photos.
Contact counsel right away, then coordinate a single point of contact for the agency. Keep normal services in place so the resident does not claim retaliation.
Screening rules also raise questions for many teams.
Can I deny a housing application based on a criminal background check?
Blanket bans on anyone with a record can trigger disparate impact claims under federal guidance. Use an individualized review that looks at the type of offense, how long ago it happened, and conduct in recent years.
Provide a chance for the applicant to share context or records of rehabilitation. Document the decision with the factors used.
Disability requests are another frequent area that needs careful review.
What constitutes a reasonable accommodation for a disability?
Common examples include allowing an assistance animal despite a no-pet rule or assigning an accessible parking space. Other requests can involve a rent payment date change linked to benefit timing or a transfer to a comparable accessible unit.
Landlords should engage in a good-faith dialogue, request only limited verification when the need is not obvious, and respond in writing. Keep deadlines short and offer alternatives if the first choice will not work.
Protect Your Organization With Practical Fair Housing Counsel
Fair housing issues require careful attention to policy, training, and day-to-day decision-making. Casey, Burns & Jean-Felix, PLLC helps housing providers in Massachusetts and New Hampshire review fair housing practices, address open matters, and reduce risk with practical, responsive legal guidance.
If you need help reviewing your policies, handling a dispute, or strengthening staff training, call 978-878-3519 or visit our Contact Us page to schedule a consultation. We welcome your questions and are ready to help your team move forward with clarity, confidence, and steady support.