Brookline, Mass., Code of Bylaws ch 5 5 § 5.5.4

Unlawful housing practices (Brookline Fair Housing By-Law)

In Force
Verified 11/11/2026 · Next check 12/11/2026
BrooklineProtected Classes (State/Local)

Operative Text

Brookline, Mass., Code of Bylaws ch 5 5 § 5.5.4
It shall be an unlawful housing practice: A. For any owner, lessee, sublessee, assignee, managing agent, real estate agent, or other person having the right to sell, rent, lease, or manage a housing accommodation or an agent of any of those: (1) To discriminate or directly or indirectly make or cause to be made any written or oral inquiry concerning the membership in a Brookline protected class of any prospective purchaser, occupant, or tenant of such housing accommodations; (2) To discriminate or directly or indirectly to refuse to sell, rent, lease, let or otherwise deny to or withhold from any person such housing accommodation because of membership in a Brookline protected class; (3) To discriminate or to directly or indirectly print or publish or cause to be printed or published, circulated, broadcast, issued, used, displayed, posted, or mailed any written, printed, painted or oral communication, notice or advertisement relating to the sale, rental, lease or let of such housing accommodation which indicates any preference, denial, limitation, specification, qualification, or discrimination because of membership in a Brookline protected class; (4) To directly or indirectly discriminate against any person because of membership in a Brookline protected class in the terms, conditions or privileges of the sale, rental, lease, or let of any such housing accommodation or in the furnishing of facilities or services in connection therewith. B. For any person to whom application is made for a loan or other form of financial assistance for the acquisition, construction, rehabilitation, repair or maintenance of any housing accommodation, whether secured or unsecured: (1) To discriminate or to directly or indirectly make or cause to be made any written or oral inquiry concerning the membership in a Brookline protected class of any person seeking such financial assistance, or of existing or prospective occupants or tenants of such housing accommodation; (2) To discriminate directly or indirectly in the terms, conditions or privileges relating to the obtaining or use of any such financial assistance because of membership in a Brookline protected class; (3) To discriminate or to directly or indirectly deny or limit such application for financial assistance on the basis of an appraiser's evaluation, independent or not, of the property or neighborhood under consideration, when such evaluation is based on membership in a Brookline protected class. C. For any person, agent, firm, corporation or association, whether or not acting for monetary gain, to directly or indirectly induce, attempt to induce, prevent or attempt to prevent the sale, purchase, rental, or letting of any housing accommodation by: (1) Implicit or explicit representations regarding the existing or potential proximity of real property owned, used or occupied by a member or members of a Brookline protected class; (2) Implicit or explicit representations regarding the effects or consequences of any such existing or potential proximity, including, but not limited to, the lowering of property values, an increase in criminal or antisocial behavior, or a decline in the quality of schools or other facilities; (3) Implicit or explicit false representations regarding the availability of suitable housing within a particular neighborhood or area, or failure to disclose or offer to show all properties listed or held for sale, rent, lease, or let within a requested price range, regardless of location, on the basis of membership in a Brookline protected class. D. Except where based on a valid affirmative action program or record keeping or reporting requirement approved by any government or adopted pursuant to a court decree for any person, agent, manager, owner, or developer of any apartment or housing unit, complex or development, whether commercial or residential: (1) To directly or indirectly make or keep a record of any applicant's, prospective tenant's or existing membership in a Brookline protected class; [1] [1] Editor's Note: So in original. (2) To use any form of housing or loan application which contains questions or entries directly or indirectly pertaining to membership in a Brookline protected class; (3) To establish, announce or follow a pattern, practice, or policy of denying, excluding or limiting housing accommodations by any means whatsoever because of membership in a Brookline protected class. E. For any person to discriminate in any manner against any person or to otherwise deny or to withhold from such person housing accommodations because said person has opposed any practice forbidden by this by-law or has made a charge, testified, or assisted in any manner in any investigation or proceedings under this by-law; F. For any person, whether or not acting for monetary gain, to aid, abet, incite, compel or coerce the performance of any act declared by this by-law to be an unlawful housing practice, or to obstruct or prevent any person from complying with the provisions of this by-law or any regulations or orders issued thereunder, or to attempt directly or indirectly to commit any act declared by this section to be an unlawful housing practice.
Source: Legislative text reproduced verbatim
Plain English

Brookline, Mass., Code of Bylaws Ch. 5 § 5.5.4 defines a broad set of unlawful housing practices that prohibit discrimination based on membership in a Brookline protected class across virtually every stage of housing — from advertising and applications to sales, rentals, leases, and financing. The provision covers not only direct acts of discrimination but also indirect ones, including steering, blockbusting, discriminatory recordkeeping, and retaliating against anyone who opposes or reports a violation. It also bars anyone from aiding or obstructing compliance with these rules, regardless of whether they profit from doing so.

Written by anthropic/claude-sonnet-4.6 · Reviewed on November 11, 2026

Plain English — not legal advice.

For Property Managers

Property owners, managers, agents, and developers operating under Ch. 5 § 5.5.4 generally ensure that their advertising, application forms, tenant screening processes, lease terms, and service offerings contain no references to — or distinctions based on — Brookline protected class membership. Compliant operators avoid keeping records that track applicants' protected characteristics and do not engage in practices that steer prospective tenants toward or away from particular properties or neighborhoods. Those who work with lenders or appraisers also take care that financing decisions and property evaluations are free from protected-class considerations.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Ch. 5 § 5.5.4 gives prospective and current tenants in Brookline broad protections against discrimination in advertising, applications, lease terms, services, and financing — as well as protection from retaliation for reporting a violation or participating in an investigation. Tenants who believe they have experienced an unlawful housing practice may consider documenting the conduct, filing a complaint with the relevant local or state fair housing authority, or reaching out to a tenant-rights organization familiar with Brookline's bylaws. Consulting a fair housing advocate or attorney can help clarify which enforcement paths are available under this provision.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated November 11, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

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Related Rules

§ 1
Definitions
§ 3
Functions, powers and duties of commission
§ 4
Unlawful practices

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