This is an excerpt Bill Mullen, attorney for the Greater Boston Association of Realtors.  He reports that Massachusetts Attorney Genera Martha Coakley has made a focus on housing discrimination cases and explains some of the potential ramifications for property owners:

In our March 14, 2008 edition of On The Home Front, we reported that lead paint law disclosure violations can result in a hefty fine as the U.S. Environmental Protection Agency (EPA) is keeping an eye on real estate agents and property owners to ensure lead paint disclosure laws are being followed in New England.  Now, the Massachusetts Attorney general is also focusing on enforcement of lead paint and discrimination laws in the rental marketplace.

Attorney General Martha Coakley’s Office has obtained a consent judgment resolving claims that a Fitchburg landlord discriminated against a tenant and her children by terminating her tenancy because he did not want to comply with laws requiring him to de-lead the apartment for the safety of the children.  The judgment, entered by the court in the beginning of August by Judge John McCann of the Worcester Superior Court, permanently prohibits the landlord, Farag Mohamed, from discriminating against tenants or any person applying for housing and requires the landlord to pay the victim $4,000.

“By attempting to terminate the victim’s tenancy because she had children under the age of six and by refusing to abate lead paint after it was discovered, Mr. Mohamed violated his legal duties as a landlord,” said Attorney General Coakley.  “Our office is pleased with the outcome of this judgment because it will require Mr. Mohamed to put strong anti-discrimination policies in place and to participate in training on fair housing laws.”

The complaint alleges that in October 2003, Mohamed attempted to terminate the victim’s tenancy after a lead paint test revealed the presence of lead throughout the apartment where the victim and her three children resided.  Under both Massachusetts lead paint law and the terms of the tenant’s Section 8 rental subsidy, administered by the Rural Community Assistance Program, the property owner is required to abate lead hazards.  The complaint alleges that Mohammed refused to abate the lead hazard and subsequently told the victim that he no longer wanted to work with Section 8, and asked her to move out of the apartment.  Under Massachusetts anti-discrimination law, it is illegal to discriminate against a person because he or she is a recipient of a housing subsidy or because of that person’s familial status.  It is also illegal for a landlord to refuse to rent to someone because the landlord does not want to comply with the health and safety requirements of a housing subsidy program.

The judgment also had continuing effects as it requires Mohamed to advertise rental property as “Equal Housing Opportunity” properties, adopt a written anti-discrimination policy for his rental properties, maintain a record of rental applicants accepted and rejected for tenancy and report all discrimination complaints to the Attorney General’s Office.  Additionally, Mohamed must participate in a fair housing law training approved in advance by the Attorney General’s Office.  The apartment units of the property in question were de-leaded during the course of this litigation.

Since taking office in January 2007, Attorney General Coakley has obtained judgments in 23 housing discrimination cases brought against landlords, property managers and/or real estate companies and has 16 complaints pending.

Bottom line: This particular landlord is clearly idiotic and made a dumb decision, but as a property owner, you need to know the law and stay within the boundaries to avoid lawsuits and potentially hefty fines.