Sex discrimination in housing is prohibited under state and federal law.  Sex discrimination is treating people differently because of their sex. This includes sexual harassment. Sexual harassment remains a considerable problem, and many people are prevented from feeling safe and enjoying their housing because of harassment.

Massachusetts state law expressly prohibits housing discrimination on the basis of sex, sexual orientation, and gender identity.

Protections for discrimination on the basis of sex was not initially included in the Fair Housing Act.  This prohibition was added in 1974.  The Fair Housing Act does not expressly cover gender identity or sexual orientation.  However, these protections are now included by executive order (order of the President).  In 2020, the Supreme Court ruled that sex discrimination in employment included sexual orientation and gender identity.  Bostock v. Clayton City., 140 S.Ct. 1731(2020).  Following this decision, the President issued an executive order titled “Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation.” This order recognized discrimination on the basis of gender identity and sexual orientation, including perceived gender identity or sexual orientation, and ordered HUD and other federal agencies to adopt policies to prohibit such discrimination under the rubric of sex discrimination. HUD then updated its rules to include these protected classes. Protections against discrimination based on sexual orientation and gender identity are included and eligible for federal enforcement by HUD under the Fair Housing Act.  Similar complaints can be filed under Massachusetts state law with the Massachusetts Commission Against Discrimination.

Sexual harassment in housing is prevalent, can happen many different ways, and can range in severity.  No amount of sexual harassment is acceptable.  Sexual harassment is categorized in two ways: hostile environment; and quid pro quo (“this for that”).

Hostile environment harassment happens when a tenant or homebuyer is subjected to unwanted sexual conduct that is either pervasive (frequent) or so severe that it interferes with someone’s use or access to housing.  Hostile environment harassment can include:

  • Unwanted or unwelcome touching
  • Unwanted or unwelcome comments
  • Unwanted or unwelcome sexual advances
  • Unwanted or unwelcome texts or emails
  • Entering an apartment without permission

Quid pro quo harassment happens when a housing provider requires sexual contact or conduct in exchange for housing services. Quid pro quo harassment can includes:

  • Requiring a date, sexual act, or racy picture in order to lease or renew a lease
  • Requiring a date, sexual act, or racy picture for regular maintenance
  • Offering to receive sexual favors instead of rent

Everyone providing housing services must comply with the Fair Housing Act and Massachusetts prohibitions against sex discrimination and sexual harassment. Housing providers may also be liable if they know about harassment perpetrated by staff, a contractor, or another tenant and fail to take adequate corrective measures.  Housing providers include:

  • Landlords and owners
  • Property managers
  • Maintenance staff
  • Contractors
  • Lenders
  • Realtors

What to do if you are being harassed:

  • Document the harassment: save texts or other written evidence and write down what happens
  • If your safety is at risk, call emergency assistance or get help from a domestic violence program.
  • Contact a legal aid organization
  • File a housing discrimination complaint with HUD or MCAD

Remember that it is still harassment if you said yes, and that retaliation for reporting discrimination or harassment is illegal.  The person being harassed is never to blame for the harassment.

Below are additional resources for sex, sexual orientation and gender identity discrimination, and sexual harassment.  These resources include more information about the laws and protections against discrimination, as well as links to other non-profit organizations that provide support: