If owners ask a broker not to show a property to recipients of government assistance, the broker must

Under Massachusetts General Laws (M.G.L.) Chapter 151B, it is illegal to discriminate in housing based on a person's status as a recipient of public assistance or rental assistance. This includes Section 8 vouchers. An owner's instruction to a broker not to show a property to individuals receiving government assistance is a direct request to violate state and federal fair housing laws. A licensed real estate broker is legally and ethically bound to refuse any listing that requires them to participate in a discriminatory act. Accepting such a listing would make the broker complicit in the illegal discrimination and subject them to severe penalties, including fines and license revocation.

B. Inform the Board of Registration: The broker's primary duty is to refuse to participate in the illegal act. Reporting to the Board is a secondary consideration, not the required initial action.

C. Accept the listing: Accepting the listing would mean agreeing to violate fair housing laws, which is illegal and unethical for a licensed professional.

D. Inform the Massachusetts Commission Against Discrimination: While the broker could report the discriminatory request to the MCAD, their first and foremost obligation is to refuse to take part in the illegal activity.

1. Massachusetts General Laws, Chapter 151B, Section 4: This statute outlines unlawful discriminatory practices. Specifically, subsections 6 and 7 make it unlawful for a real estate broker, "because a person is a recipient of...public assistance or rental assistance...to refuse to rent or lease...or otherwise to discriminate against any person in the terms, conditions or privileges of such accommodations."

Source: The General Court of the Commonwealth of Massachusetts, M.G.L. c. 151B, § 4.

2. Code of Massachusetts Regulations, 254 CMR 3.00: Professional Standards of Practice: This regulation governs the conduct of real estate licensees. Section 3.00(9)(a) explicitly states that a licensee shall not "Violate M.G.L. c. 151B, the Massachusetts Fair Housing Law." Following a discriminatory instruction from a client is a direct violation of this professional standard.

Source: Massachusetts Board of Registration of Real Estate Brokers and Salespersons, 254 CMR 3.00.

3. Massachusetts Office of the Attorney General, "Attorney General's Guide to Landlord and Tenant Rights": This official publication clarifies protected classes in housing. It states, "It is illegal for a landlord to refuse to rent to you because you receive public assistance or rental subsidies (e.g., Section 8, MRVP, or Homebase)." A broker acting as an agent for the landlord is bound by the same laws.

Source: Massachusetts Office of the Attorney General, Fair Housing Section.