Cal. Civ. Code § 9

Construction and enforcement of chapter; inconsistent laws; exclusiveness of statutory procedure; civil remedies; speedy trial; attorney's fees and costs; damages

In Force
Verified 9/13/2026 · Next check 9/20/2026
effective 9/13/2026MassachusettsFair Housing & Anti-Discrimination

Operative Text

Cal. Civ. Code § 9
Section 9. This chapter shall be construed liberally for the accomplishment of its purposes, and any law inconsistent with any provision of this chapter shall not apply, but nothing contained in this chapter shall be deemed to repeal any provision of any other law of this commonwealth relating to discrimination; but, as to acts declared unlawful by section 4, the administrative procedure provided in this chapter under section 5 shall, while pending, be exclusive; and the final determination on the merits shall exclude any other civil action, based on the same grievance of the individual concerned.

Any person claiming to be aggrieved by a practice made unlawful under this chapter or under chapter one hundred and fifty-one C, or by any other unlawful practice within the jurisdiction of the commission, may, at the expiration of ninety days after the filing of a complaint with the commission, or sooner if a commissioner assents in writing, but not later than three years after the alleged unlawful practice occurred, bring a civil action for damages or injunctive relief or both in the superior or probate court for the county in which the alleged unlawful practice occurred or in the housing court within whose district the alleged unlawful practice occurred if the unlawful practice involves residential housing. The petitioner shall notify the commission of the filing of the action, and any complaint before the commission shall then be dismissed without prejudice, and the petitioner shall be barred from subsequently bringing a complaint on the same matter before the commission. Any person claiming to be aggrieved by an unlawful practice relative to housing under this chapter, but who has not filed a complaint pursuant to section five, may commence a civil action in the superior or probate court for the county in which the alleged unlawful practice occurred or in the housing court within whose district the alleged unlawful practice occurred; provided, however, that such action shall not be commenced later than one year after the alleged unlawful practice has occurred. An aggrieved person may also seek temporary injunctive relief in the superior, housing or probate court within such county at any time to prevent irreparable injury during the pendency of or prior to the filing of a complaint with the commission.

An action filed pursuant to this section shall be advanced for a speedy trial at the request of the petitioner. If the court finds for the petitioner, it may award the petitioner actual and punitive damages. If the court finds for the petitioner it shall, in addition to any other relief and irrespective of the amount in controversy, award the petitioner reasonable attorney's fees and costs unless special circumstances would render such an award unjust. The commission shall, upon the filing of any complaint with it, notify the aggrieved person of his rights under this section.

Any person claiming to be aggrieved by a practice concerning age discrimination in employment made unlawful by section four may bring a civil action under this section for damages or injunctive relief, or both, and shall be entitled to a trial by jury on any issue of fact in an action for damages regardless of whether equitable relief is sought by a party in such action. If the court finds for the petitioner, recovery shall be in the amount of actual damages; or up to three, but not less than two, times such amount if the court finds that the act or practice complained of was committed with knowledge, or reason to know, that such act or practice violated the provisions of said section four. The provisions set forth in the first, second and third paragraphs shall be applicable to such complaint or action to the extent that such provisions do not conflict with the provisions set forth in this paragraph.
Source: Legislative text reproduced verbatim
Plain English

Mass. Gen. Laws c. 151B § 9 establishes how the anti-discrimination protections in Chapter 151B are to be interpreted and enforced. The law directs courts to read the chapter broadly in favor of its remedial purposes, and it sets out two main enforcement tracks: an administrative complaint filed with the Massachusetts Commission Against Discrimination (MCAD), and a direct civil lawsuit in superior, probate, or housing court. Once a person chooses one path and it reaches a final determination, the other path on the same grievance is generally foreclosed. Courts that rule in favor of a prevailing petitioner may award actual damages, punitive damages, and, in most circumstances, attorney's fees and costs; age-discrimination claims in employment carry their own damages framework, including the possibility of multiplied damages when the violation was knowing.

Written by anthropic/claude-sonnet-4.6 · Reviewed on September 13, 2026

Plain English — not legal advice.

For Property Managers

Property owners and managers operating in Massachusetts should be aware that § 9 of Chapter 151B gives aggrieved individuals meaningful options for pursuing housing-discrimination claims—either through the MCAD or directly in court—and that a court finding against a respondent can result in actual damages, punitive damages, and attorney's fees. Compliant operators generally maintain clear, consistently applied tenant-selection criteria, document their decisions thoroughly, and train staff on fair-housing obligations so that their practices can withstand scrutiny under either enforcement track. Because § 9 directs liberal construction of the chapter, operators typically err on the side of caution when any policy could be read as treating a protected class differently.

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

For Tenants

Under Mass. Gen. Laws c. 151B § 9, a person who believes they have experienced unlawful housing discrimination has more than one avenue for seeking relief: filing a complaint with the MCAD or, under certain time limits, bringing a civil action directly in superior, probate, or housing court. The two tracks generally cannot run simultaneously on the same grievance—choosing one affects availability of the other—so understanding the deadlines (which differ between the two paths) and the consequences of each choice is important. Tenants exploring their options can contact a local tenant-rights organization, a legal aid office, or the MCAD itself, which is required by § 9 to notify complainants of their rights under this section upon the filing of any complaint.

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

Generated September 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Sep 13, 2026
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Related Rules

§ 100.110
§ 100.110 Discriminatory practices in residential real estate-related transactions.
§ 5.106
§ 5.106 Equal access in accordance with the individual's gender identity in community planning and development programs.
§ 100.140
§ 100.140 General rules.

Source Information

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