Fair Housing Act Complaint - Massachusetts

FAIR HOUSING ACT COMPLAINT — MASSACHUSETTS

TABLE OF CONTENTS

1. Caption
2. Parties
3. Jurisdiction and Venue
4. Factual Allegations
5. Count I — Massachusetts Anti-Discrimination Law (G.L. c. 151B, § 4)
6. Count II — Federal Fair Housing Act (42 U.S.C. § 3604, § 3617)
7. Count III — Reasonable Accommodation / Modification (Disability)
8. Damages
9. Prayer for Relief
10. Demand for Jury Trial
11. Verification
12. Signature and Service
13. Certificate of Service
14. Massachusetts Practice Notes
15. Sources and References

1. CAPTION

COMMONWEALTH OF MASSACHUSETTS

[________________________________], ss.

[SUPERIOR COURT DEPARTMENT / HOUSING COURT DEPARTMENT, ________ DIVISION]

CIVIL ACTION NO. [________________________________]

COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF

1. Unlawful Housing Discrimination in Violation of G.L. c. 151B, § 4;
2. Violation of the Federal Fair Housing Act (42 U.S.C. § 3604, § 3617); and
3. Failure to Make Reasonable Accommodation / Permit Reasonable Modification (G.L. c. 151B, § 4(7A); 42 U.S.C. § 3604(f)).

JURY TRIAL DEMANDED

Plaintiff, by and through undersigned counsel, alleges as follows:

2. PARTIES

2.1. Plaintiff. Plaintiff [PLAINTIFF NAME] ("Plaintiff") is, and at all relevant times has been, a resident of [CITY / TOWN, COUNTY], Massachusetts, and is a member of one or more classes protected by G.L. c. 151B and the federal Fair Housing Act, specifically [PROTECTED CLASS(ES)].

2.2. Defendant Owner / Landlord. Defendant [DEFENDANT NAME] ("Defendant" or "[SHORT NAME]") is, and at all relevant times was, an [owner / lessor / managing agent / real estate broker / person furnishing rental accommodations] controlling the dwelling at [PROPERTY ADDRESS], subject to G.L. c. 151B, § 4 and 42 U.S.C. § 3604.

2.3. Individual Defendant. Defendant [INDIVIDUAL DEFENDANT NAME] is sued individually and as a [manager / leasing agent / agent / employee] of Defendant [SHORT NAME], acting within the course and scope of that agency.

2.4. The Subject Dwelling. The dwelling is [ADDRESS], a covered housing accommodation within the meaning of G.L. c. 151B, § 1 and a "dwelling" under 42 U.S.C. § 3602(b). The owner-occupied two-family exemption of G.L. c. 151B, § 1(11) [does / does not] apply.

3. JURISDICTION AND VENUE

3.1. This Court has subject-matter jurisdiction and a private right of action under G.L. c. 151B, § 9.

3.2. This Court has concurrent jurisdiction over the parallel federal Fair Housing Act claims under 42 U.S.C. § 3613(a), which authorizes suit in any "appropriate" state or federal court.

3.3. Venue is proper in [________________________________] because the unlawful housing practices occurred there and the subject dwelling is located there. G.L. c. 151B, § 9.

3.4. MCAD posture / route to court.

☐ Direct route (no MCAD complaint). Plaintiff did not file a complaint with the Massachusetts Commission Against Discrimination ("MCAD") on this housing grievance and brings this action under G.L. c. 151B, § 9 within one (1) year of the unlawful housing practice.

☐ Post-MCAD route. Plaintiff filed a complaint with MCAD on [__/__/____] (Docket No. [____]); more than ninety (90) days have elapsed (or a commissioner has assented in writing); Plaintiff hereby withdraws the MCAD complaint and brings this action under G.L. c. 151B, § 9 within three (3) years of the unlawful housing practice.

3.5. As to the federal Fair Housing Act count, this action is filed within two (2) years of the occurrence or termination of the discriminatory housing practice as required by 42 U.S.C. § 3613(a)(1)(A).

4. FACTUAL ALLEGATIONS

4.1. On or about [__/__/____], Plaintiff [applied to rent / sought to purchase / resided in / sought to renew a lease for] the dwelling at [PROPERTY ADDRESS].

4.2. Plaintiff is a member of the following protected class(es): [e.g., race, color, religious creed, national origin, sex, gender identity, sexual orientation, age, ancestry, genetic information, marital status, disability (handicap), familial status (children), veteran status, recipient of public assistance / rental assistance / housing subsidy, blindness or deafness].

4.3. At all relevant times, Plaintiff was qualified and able to meet the lawful, non-discriminatory terms of the transaction (including the financial terms, accounting for any rental subsidy).

4.4. Discriminatory practice(s). Defendant engaged in one or more of the following unlawful housing practices because of Plaintiff's protected class:

☐ Refused to rent, lease, sell, or negotiate, or otherwise denied or withheld the dwelling (G.L. c. 151B, § 4(6), (7));

☐ Imposed discriminatory terms, conditions, or privileges, or discriminatory services or facilities (§ 4(6), (7));

☐ Made a discriminatory statement, advertisement, or inquiry, or made a record of a protected characteristic (§ 4(6)(c), (7));

☐ Falsely represented that a dwelling was unavailable when it was available;

☐ Steered Plaintiff toward or away from particular dwellings or neighborhoods;

☐ Refused to accept, or discriminated against Plaintiff because of, a housing subsidy, rental assistance, or public assistance (e.g., Section 8 / Housing Choice Voucher / MRVP / RAFT) (G.L. c. 151B, § 4(10));

☐ Discriminated because of blindness, deafness, or use of a guide or service animal (G.L. c. 151B, § 4(11));

☐ Refused a reasonable accommodation in rules, policies, practices, or services, or refused to permit a reasonable modification (G.L. c. 151B, § 4(7A); 42 U.S.C. § 3604(f)(3));

☐ Subjected Plaintiff to harassment or a hostile housing environment because of a protected class;

☐ Coerced, intimidated, threatened, retaliated against, or interfered with Plaintiff's exercise of fair housing rights (G.L. c. 151B, § 4(4), (4A); 42 U.S.C. § 3617);

☐ Other state-protected basis: [DESCRIBE — e.g., a Boston Fair Housing Commission or Cambridge Human Rights Commission local ordinance].

4.5. Specific facts. [Set out a chronological, particularized account: who said or did what, on what date(s), in what words, before what witnesses, and how similarly situated persons outside Plaintiff's protected class were treated more favorably.]

4.6. [If applicable — comparator/tester evidence: Similarly situated persons outside Plaintiff's protected class were treated more favorably under materially identical circumstances. Fair housing testing is recognized evidence in Massachusetts. See Havens Realty Corp. v. Coleman, 455 U.S. 363 (1982).]

4.7. Any non-discriminatory reason offered by Defendant is pretextual; the true motivating reason was Plaintiff's protected class.

4.8. As a direct and proximate result, Plaintiff suffered the harms described in Section 8.

5. COUNT I — MASSACHUSETTS ANTI-DISCRIMINATION LAW (G.L. c. 151B, § 4)

5.1. Plaintiff incorporates Paragraphs 2.1 through 4.8 as though fully set forth.

5.2. G.L. c. 151B, § 4 makes it an unlawful practice to discriminate in the listing, sale, rental, lease, or financing of a housing accommodation because of race, color, religious creed, national origin, sex, gender identity, sexual orientation, age, ancestry, genetic information, marital status, disability, familial status (children), veteran status, receipt of public assistance / rental assistance / housing subsidy (§ 4(10)), or blindness or deafness (§ 4(11)).

5.3. Defendant committed one or more of the unlawful housing practices identified in Paragraph 4.4 because of Plaintiff's protected class, in violation of G.L. c. 151B, § 4.

5.4. Defendant's conduct was intentional, willful, and/or in reckless disregard of Plaintiff's rights, and c. 151B is to be construed liberally to effectuate its remedial purpose (G.L. c. 151B, § 9).

5.5. Plaintiff is entitled to actual and punitive damages, injunctive relief, and reasonable attorney fees and costs under G.L. c. 151B, § 9.

6. COUNT II — FEDERAL FAIR HOUSING ACT (42 U.S.C. § 3604, § 3617)

6.1. Plaintiff incorporates Paragraphs 2.1 through 4.8 as though fully set forth.

6.2. The federal Fair Housing Act, 42 U.S.C. § 3604, prohibits discrimination in the sale or rental of, or otherwise making unavailable or denying, a dwelling because of race, color, religion, sex, familial status, national origin, or disability, and prohibits discriminatory terms, conditions, privileges, statements, and representations.

6.3. Defendant's conduct described in Paragraph 4.4 violated 42 U.S.C. § 3604 (and § 3604(f) as to disability).

6.4. To the extent Defendant coerced, intimidated, threatened, retaliated against, or interfered with Plaintiff (or anyone aiding Plaintiff) in the exercise of fair housing rights, Defendant violated 42 U.S.C. § 3617.

6.5. Discriminatory intent may be shown directly or through disparate treatment; a discriminatory effect (disparate impact) is also actionable. See Texas Dep't of Housing & Community Affairs v. Inclusive Communities Project, Inc., 576 U.S. 519 (2015).

6.6. Plaintiff is entitled to actual and punitive damages, injunctive relief, costs, and reasonable attorney fees under 42 U.S.C. § 3613(c).

7. COUNT III — REASONABLE ACCOMMODATION / MODIFICATION (DISABILITY)

7.1. Plaintiff incorporates Paragraphs 2.1 through 4.8 as though fully set forth.

7.2. Plaintiff is a person with a disability (handicap) within the meaning of G.L. c. 151B, § 1(17) and 42 U.S.C. § 3602(h), specifically [DESCRIBE IMPAIRMENT AND MAJOR LIFE ACTIVITY AFFECTED].

7.3. On or about [__/__/____], Plaintiff requested the following:

☐ Reasonable accommodation (a change in rules, policies, practices, or services): [DESCRIBE — e.g., assistance animal as exception to a no-pets policy; designated accessible parking];

☐ Reasonable modification (a physical alteration to the premises): [DESCRIBE — e.g., grab bars, ramp, widened doorway].

7.4. The requested accommodation/modification was necessary to afford Plaintiff an equal opportunity to use and enjoy the dwelling and was reasonable.

7.5. Defendant [denied the request / failed to respond / imposed unreasonable conditions / failed to engage in the interactive process], in violation of G.L. c. 151B, § 4(7A) and 42 U.S.C. § 3604(f)(3)(A)–(B).

7.6. As a direct and proximate result, Plaintiff suffered the harms described in Section 8.

8. DAMAGES

8.1. Actual / compensatory damages: out-of-pocket losses, increased housing costs, moving and storage costs, lost housing opportunity, and other consequential pecuniary losses, in amounts to be proven at trial.

8.2. Emotional distress damages: humiliation, embarrassment, anxiety, loss of dignity, and mental anguish.

8.3. Punitive damages: Defendant's conduct warrants punitive damages under G.L. c. 151B, § 9 (Massachusetts imposes no statutory cap on c. 151B punitive damages) and 42 U.S.C. § 3613(c)(1).

8.4. Injunctive and affirmative relief: an order enjoining further discrimination, directing that the dwelling be made available, and requiring non-discriminatory policies and fair housing training.

8.5. Civil penalties: Plaintiff reserves the right to pursue civil penalties available in MCAD or government-enforcement proceedings and under 42 U.S.C. § 3612(g)(3) / § 3614(d)(1)(C).

8.6. Attorney fees and costs: mandatory for a prevailing petitioner under G.L. c. 151B, § 9 (absent special circumstances rendering an award unjust) and 42 U.S.C. § 3613(c)(2).

8.7. Pre- and post-judgment interest as allowed by law.

9. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court:

• A. Enter judgment that Defendant violated G.L. c. 151B, § 4 and the federal Fair Housing Act (42 U.S.C. § 3604, § 3617);
• B. Award actual and compensatory damages, including emotional distress damages, according to proof;
• C. Award punitive damages under G.L. c. 151B, § 9 and 42 U.S.C. § 3613(c);
• D. Grant injunctive and affirmative relief, including an order to make the dwelling available, non-discriminatory policies, and fair housing training;
• E. Award reasonable attorney fees and costs under G.L. c. 151B, § 9 and 42 U.S.C. § 3613(c)(2);
• F. Award pre- and post-judgment interest; and
• G. Grant such other and further relief as is just and proper.

10. DEMAND FOR JURY TRIAL

Plaintiff demands a trial by jury on all issues so triable as a matter of right. Mass. R. Civ. P. 38; G.L. c. 151B, § 9; 42 U.S.C. § 3613(c).

11. VERIFICATION

I, [PLAINTIFF NAME], declare under the penalties of perjury under the laws of the Commonwealth of Massachusetts that I am the Plaintiff in this action, that I have read the foregoing Complaint, and that the factual statements therein are true and correct to the best of my knowledge, information, and belief.

Executed on [__/__/____] at [CITY / TOWN], Massachusetts.

[________________________________]

[PLAINTIFF NAME]

12. SIGNATURE AND SERVICE

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], BBO No. [______]

Counsel for Plaintiff

[STREET ADDRESS]

[CITY, STATE ZIP]

Telephone: [__________]

Email: [__________]

13. CERTIFICATE OF SERVICE

I certify that on [__/__/____] a true copy of the foregoing was served on the following by [method — personal service / certified mail per Mass. R. Civ. P. 4 / electronic service per Mass. R. Civ. P. 5]:

[NAME AND ADDRESS OF EACH PARTY OR COUNSEL SERVED]

[________________________________]

[ATTORNEY NAME]

14. MASSACHUSETTS PRACTICE NOTES

• Enforcing agency. The Massachusetts Commission Against Discrimination (MCAD) is a law-enforcement agency with broad investigatory and prosecutorial powers that enforces G.L. c. 151B (with a HUD work-share). The Boston Fair Housing Commission and Cambridge Human Rights Commission hold HUD "substantial equivalency" status for local enforcement.
• Protected classes (state). In housing, c. 151B protects race, color, religious creed, national origin, sex, gender identity, sexual orientation, age, ancestry, genetic information, marital status, disability (handicap), familial status (children), veteran status, receipt of public assistance / rental assistance / housing subsidy (§ 4(10)), and blindness or deafness (§ 4(11)). Refusing Section 8 / Housing Choice Vouchers or other rental subsidies is unlawful source-of-income discrimination under § 4(10).
• Administrative charge vs. court suit (state). A complainant may file with MCAD within 300 days of the discriminatory act (804 C.M.R. § 1.04). Two § 9 paths to court exist: (a) a plaintiff who never filed an MCAD complaint may sue in court within one (1) year; (b) a plaintiff who first filed an MCAD complaint may withdraw it (after 90 days, or earlier with a commissioner's written assent) and sue within three (3) years of the unlawful housing practice. The MCAD administrative process, while pending, is exclusive (§ 9), and a final MCAD determination on the merits bars a later civil action on the same grievance.
• State remedies. Under G.L. c. 151B, § 9, the court may award actual and punitive damages (no statutory cap), injunctive and affirmative relief, and — mandatorily for a prevailing petitioner absent special circumstances — reasonable attorney fees and costs. (Note: a pending SJC case on punitive-damages safeguards may affect proof standards; monitor.)
• Federal route and limitations. Under the federal FHA, a HUD administrative complaint may be filed within one (1) year (42 U.S.C. § 3610(a)) and/or a private civil action within two (2) years (42 U.S.C. § 3613(a)). Federal remedies include actual and punitive damages and attorney fees (§ 3613(c)); HUD/DOJ enforcement can yield civil penalties (§ 3612(g)(3); § 3614(d)(1)(C)).
• Removal exposure. Including federal FHA counts creates federal-question jurisdiction permitting removal under 28 U.S.C. § 1441. Massachusetts plaintiffs often anchor in Housing Court via state-only counts; weigh this against § 3613(c) federal fees.
• Unsettled / verify. Confirm the current subsection lettering of § 4 (housing subsections 6, 7, 7A, 10, 11) and the precise § 4(10)/(11) text against the latest amendments (c. 151B was amended by St. 2023, c. 7 and St. 2024, c. 205). Verify the MCAD 300-day filing period and the § 9 one-year/three-year court windows against the current statute and regulations.

15. SOURCES AND REFERENCES

• G.L. c. 151B, § 4 (unlawful practices, incl. housing subsections) — https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter151b/section4
• G.L. c. 151B, § 5 (MCAD complaint procedure; housing judicial election) — https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter151b/Section5
• G.L. c. 151B, § 9 (civil action; damages; attorney fees; limitations) — https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter151b/Section9
• Massachusetts Commission Against Discrimination (MCAD) — https://www.mass.gov/orgs/massachusetts-commission-against-discrimination
• Mass. General Laws c. 151B § 4 (Mass.gov annotated) — https://www.mass.gov/info-details/mass-general-laws-c151b-ss-4
• 42 U.S.C. § 3604; § 3613; § 3617 — https://www.law.cornell.edu/uscode/text/42/chapter-45
• 24 C.F.R. Part 100 (HUD Fair Housing regulations) — https://www.ecfr.gov/current/title-24/subtitle-B/chapter-I/subchapter-A/part-100
• Texas Dep't of Housing & Community Affairs v. Inclusive Communities Project, Inc., 576 U.S. 519 (2015)
• Havens Realty Corp. v. Coleman, 455 U.S. 363 (1982) (tester standing)
• HUD/DOJ Joint Statement on Reasonable Accommodations (2004); Reasonable Modifications (2008)

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Massachusetts must review and customize this document before filing. Laws, citations, and court rules change frequently; verify all authorities before use.