Massachusetts law (M.G.L. c. 151B, § 4) prohibits discrimination in housing based on receipt of public assistance, such as Section 8 housing vouchers or other government aid. If a seller instructs a broker not to show a property to prospective buyers or renters receiving government assistance, the broker cannot legally comply with that request.
The broker’s fiduciary duty to the client does not extend to violating fair housing law. In such cases, the broker must refuse the listing because accepting it would require them to engage in unlawful discriminatory practices. Reporting to the Board or MCAD is not required; the appropriate action is simply to refuse participation in illegal activity.
This aligns with the Massachusetts Real Estate Licensing Law and MCAD enforcement rules, which hold licensees personally responsible for discriminatory conduct in real estate transactions.
[Reference: Massachusetts General Laws c. 151B, Massachusetts Fair Housing Law; MCAD Fair Housing Guidelines; 254 CMR 3.00., ]
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