Housing Discrimination in the News

A recent Boston.com article illustrates the perils of housing discrimination in Massachusetts.  The U.S. Department of Justice filed a civil complaint against a North Attleborough apartment complex owner for discriminating against applicants with children.  This owner reportedly tried to discourage renters with children from renting one of his apartments.  The parties in this case reached a settlement: $135,000 in restitution (and likely a great deal for attorney fees for the apartment owner).

Housing discrimination is illegal, both under state and federal law.  As this article shows, these laws are enforced.  Landlords caught discriminating against potential tenants can face huge fines, even if the alleged discrimination is inadvertent.

With this in mind, landlords need to familiarize themselves with the protected classes of persons from discrimination (The Massachusetts Attorney General's Office has a great summary of these laws).  I always recommend that landlords keep a log of all the potential tenants who look at their rental properties, and the specific reasons why the landlord decides to reject an applicant.  Landlords who are concerned about asking the wrong questions during the application process should consider using a script and write their questions in advance.  While this may sound overkill, the risks of being accused of rental discrimination just isn't worth it.    

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http://malandlordtenantlawblog.sherwinlawfirm.com/2015/06/housing-discrimination-in-Mass.html

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Transfers to Housing Court

Massachusetts's trial court system has a unique forum for resolving housing matters: Housing Court.  Housing Court has jurisdiction over civil and criminal matters related to the  health, safety, or welfare of the occupants or owners of residential housing.  In addition to eviction cases (probably the most common type of case in Housing Court), Housing Court can hears civil, criminal, and small claims cases related to housing.

Housing Court's jurisdiction does not cover every town and city in Massachusetts.  Claimants need to check if they live in a part of Massachusetts that Housing Court covers (presently, there is a growing movement to expand Housing Court statewide to every Massachusetts town and city).   

Housing Court has a unique feature that allows plaintiffs and defendants to transfer their case into Housing Court, if Housing Court has jurisdiction over the case.  A transfer to Housing Court can be done anytime up to the day before trial and only requires the submission of a simple transfer form to the original court and Housing Court.


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http://malandlordtenantlawblog.sherwinlawfirm.com/2015/06/transfers-to-housing-court.html

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http://www.sherwinlawfirm.com 

Injunctive Relief

Sometimes, a party in a landlord/tenant case needs the court to do more than simply award monetary damages or possession of the property.  In such cases, injunctive relief can be a good option.

An injunction is a court order that mandates or prohibits a party from doing a certain action.  A landlord, for example, can obtain an injunction against a tenant to enjoin them from damaging property (if they have sufficient evidence that this harm is occurring).  Tenants can also get injunctions; these are obtained frequently when a landlord refuses to fix dangerous conditions in a property. 

To get an injunction, a party needs to show irreparable harm--damages that cannot be resolved through monetary damages. Fortunately, matters involving property are often sufficient for this type of relief.  

If you are facing a landlord/tenant problem that requires immediate attention, consult an attorney to determine if an injunction is right for you.    

BLOG POST:

http://malandlordtenantlawblog.sherwinlawfirm.com/2015/06/injunctive-relief.html

WEBSITE:

http://www.sherwinlawfirm.com