“Fair
housing
is
a
cornerstone
of
equity
and
opportunity
in
Massachusetts.
This
legislation
strengthens
accountability
and
ensures
that
every
licensed
real
estate
professional
understands
and
upholds
the
principles
of
fair
housing
law,”
State
Senator
Gómez
said
in
a
statement.
“By
increasing
transparency,
enhancing
education
requirements
and
enforcing
stronger
penalties
for
violations,
we
are
taking
meaningful
steps
to
protect
residents
across
the
Commonwealth.”

The
bill
is
backed
by
the

Massachusetts
Association
of
Realtors
(MAR).
In
an
emailed
statement,
Theresa
Hatton,
the
CEO
of
MAR,
says
that
fair
housing
is
“particularly
important
at
this
time,
when
there
is
a
severe
lack
of
available
housing
to
meet
demand.”

“In
these
tight
markets,
it
is
important
that
consumers
and
real
estate
licensees
are
knowledgeable
about
fair
housing
laws
and
regulations,”
Hatton
wrote.
“Currently,
there
is
no
requirement
for
fair
housing
training
in
the
pre-licensing
course.
This
bill
fixes
this
challenge
and
also
requires
licensees
to
have
refresher
training
each
time
they
renew
their
real
estate
licenses.
Not
all
fair
housing
laws
across
the
country
are
the
same.
Massachusetts
has
additional
requirements
that
exceed
the
ones
that
the
federal

Housing
and
Urban
Development
(HUD)
maintain.
Realtors
have
an
ethical
obligation
to
provide
fair
housing
via
their
Code
of
Ethics.”

Mandatory
fair
housing
education

If
passed
the
bill
would
require
real
estate
license
applicants
in
Massachusetts
would
be
required
to
complete
at
least
four
hours
of
classroom
education
about
fair
housing
law.
This
would
represent
10%
of
the
mandated
40
hours
of
classroom
education
for
licensee
applicants.
Additionally,
the
bill
would
require
existing
brokers
and
agents
seeking
to
renew
their
licenses
to
take
at
least
two
hours
of
classroom
instruction
on
fair
housing. 

The
bill
also
seeks
to
increase
penalties
for
any
real
estate
professional
found
to
be
in
violation
of
fair
housing
laws.
Under
the
bill,
a
licensee’s
first
violation
would
result
in
a
60-day
license
suspension.
However,
if
the
offender
is
found
to
have
a
previous
fair
housing
violation
within
the
last
two
years,
the
suspension
would
increase
to
180
days.
This
is
double
the
state’s
current
maximum
suspension
time. 

In
addition,
the
bill
would
allow
the
state’s
attorney
general’s
office
or
fair
housing
organizations
to
directly
refer
cases
to
the

Massachusetts
Board
of
Registration
of
Real
Estate
Brokers
and
Salespersons
if
they
find
evidence
of
fair
housing
violations.
The
board
would
also
be
required
to
publish
an
annual
report
including
all
of
the
brokers
or
agents
who
received
suspensions
due
to
fair
housing
violations
and
a
summary
of
their
violation
and
the
response. 

Legislation
a
response
to
Trump’s
relaxed
fair
housing
enforcement

State
lawmakers
in
Massachusetts
are
framing
the
legislation
as
a
response
to
the
Trump
administration’s

relaxing
of
federal
fair
housing
enforcement. 

“While
the
Trump
Administration
has
sought
to
roll
back
protections,
the
Senate
knows
that
our
Commonwealth’s
values
demand
that
access
to
housing
is
guided
by
fairness
and
inclusion,
not
prejudice.
Today
we
are
taking
an
important
step
to
make
that
promise
real,”
State
Senate
President
Karen
E.
Spilka
(D-Ashland)
said
in
a
statement. 

Removing
disparate
impact
guidance

Earlier
this
year,

HUD
proposed
eliminating
its
discriminatory
effects
regulations
under
the
Fair
Housing
Act.
If
accepted,
the
proposal
would
remove
HUD’s
longstanding
guidance
on

disparate
impact,
a
legal
theory
recognizing
that
policies
appearing
neutral
can
disproportionately
affect
protected
groups
even
without
discriminatory
intent.
Disparate
impact
liability
was
formalized
by
HUD
in
2013
and
its
validity
was
affirmed
by
the

Supreme
Court
in
2015.
After
revisions
during
President
Donald
Trump’s
first
term,
the
Biden
administration
reinstated
the
2013
rule
in
2023.

Despite
the
potential
relaxing
of
these
rules
on
a
federal
level,
real
estate
professionals
told
HousingWire
that
day-to-day
practices
are
unlikely
to
shift
dramatically
because
professional
organizations
and
state
regulators
already
impose
strict
fair
housing
requirements.

“I
haven’t
seen
a
big
difference
in
the
way
Realtors
do
business,”
Debbie
Drummond,
the
head
of

The
Debbie
Drummond
Real
Estate
Team
of
Simply
Vegas,

told

HousingWire
in
January.
“I
don’t
think
you’re
going
to
see
a
lot
in
terms
of
the
day-to-day,
because
it’s
drilled
it
into
our
heads
with
our
training.
Even
the
state
of
Nevada,
when
you
renew
your
license,
you
have
to
have
training
on
fair
housing.
So
even
if
[HUD]
rolls
things
back,
I
don’t
think
it’s
going
to
affect
the
way
Realtors
do
business.”