For the first time since 2018, the Massachusetts Commission Against Discrimination recently initiated a complaint on its own and said this week that it hopes its action sends “a clear message” that discriminatory housing practices will not be tolerated here.
The complaint started by MCAD Chairwoman Sunila Thomas George alleged that RE/MAX Destiny and one of its agents “engaged in unlawful housing discrimination by denying reasonable accommodations to potential tenants with disabilities who required the use of an assistance animal,” violating Massachusetts law.
MCAD announced this week that it reached a settlement with RE/MAX and the agent, which requires additional training, a strengthened anti-discrimination policy, and an $8,000 donation to a Boston nonprofit that serves people with disabilities.
“Access to fair and equitable housing remains a pressing issue in Massachusetts, where demand for housing continues to outpace supply, and vulnerable populations, including individuals with disabilities, often face additional barriers. Ensuring compliance with fair housing laws is crucial to protecting tenants from unlawful discrimination and fostering inclusive communities across the Commonwealth,” Thomas George said in a statement.
MCAD said the complaint against RE/MAX and its agent was the first to be initiated by MCAD itself since a housing discrimination complaint in 2018 and the first time the commission has publicly promoted one of its own complaints in more than a decade. MCAD investigates, prosecutes and adjudicates discrimination complaints brought to it by individuals — there were 3,553 complaints filed in fiscal 2024 and the agency has a backlog of 1,851 cases that have been active for more than 18 months, it said in its recent annual report .
“Eliminating discrimination is central to the MCAD’s mission, and commission-initiated complaints are a tool we use enforce the civil rights laws we are charged with upholding,” MCAD Executive Director Michael Memmolo said.
MCAD said its complaint against RE/MAX was based on data collected by the Suffolk University School of Law Housing Discrimination Testing Program in late 2023.
The program visited two RE/MAX Destiny properties in Cambridge that were advertised for rent by the listing agent. On both visits, testers from the Suffolk program mentioned having emotional support animals to which the agent responded that no pets were allowed on the property. MCAD said the agent at one point told the Suffolk program testers “that the owner does not want pets because they cause damage, and the landlord is prepared to go to court if someone wants to challenge her decision—immediately ending the tour.”
“Under both the Fair Housing Act and Massachusetts General Laws, housing providers are required to provide reasonable accommodations for individuals with disabilities, including permitting assistance animals, when necessary,” MCAD General Counsel Deirdre Hosler said. “Failure to comply with these obligations constitutes unlawful discrimination and exposes violators to legal liability, including injunctive relief, civil penalties, and other appropriate remedies to ensure compliance and prevent future violations.”
RE/MAX and its agent agreed to resolve the matter with MCAD through “a final order by consent” following an investigative conference, the commission said. The settlement requires the agent to complete MCAD’s Housing Discrimination 101 training course and RE/MAX to make it available to all agents and brokers affiliated with RE/MAX Destiny. The company also agreed to adopt a strengthened anti-discrimination policy within 60 days of signing the order, and make an $8,000 donation the nonprofit organization Ethos.
