Press Release: 3/27/2025
MCAD Secures Settlement for Commission-Initiated Complaint Against Disability Discrimination in Housing
FOR IMMEDIATE RELEASE:
3/26/2025
MEDIA CONTACT
Justine LaVoye, Press Secretary, Director of Communications, & Legislative Liaison
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Online
BOSTON, MA — The Massachusetts Commission Against Discrimination (MCAD or Commission) has reached a final order by consent in a housing discrimination complaint initiated by the MCAD’s Investigating Commissioner and Chairwoman, Sunila Thomas George, against RE/MAX Destiny and Robert K. Scott (Respondents). The Commission alleged that the Respondents engaged in unlawful housing discrimination by denying reasonable accommodations to potential tenants with disabilities who required the use of an assistance animal, violating Massachusetts General Law, Chapter 151B.
“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,” states Chair Thomas George in justification for the filing.
“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,” said Michael Memmolo, Executive Director of the MCAD. “Through efforts like this, we continue to push for all residents of the Commonwealth to have equal access to housing opportunities, free from unlawful barriers.”
The MCAD complaint was based upon data collected by the Suffolk University School of Law Housing Discrimination Testing Program (HDTP). In late 2023, HDTP conducted a multi-part test by visiting two of RE/MAX Destiny’s Cambridge, MA, properties advertised for rent by listing agent Robert K. Scott. On both visits, testers mentioned having emotional support animals to which Scott responded that no pets are allowed on the property. At one site, Scott asked who the emotional support animal was for and why it was needed. When the tester responded that the animal was needed by her roommate for depression, Scott responded 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. At the second property, the tester raised that the advertisement mentioned a “no pets” policy, sharing that she had an emotional support animal and asking if that would be a problem. Scott responded that the building does not allow pets, so the owner complies with such a policy. The tester asked for clarification as the emotional support animal is not a pet and Scott said that the building owner had a right to exclude animals, mentioning he would call her “if anything changes.”
“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,” said Deirdre Hosler, General Counsel of the MCAD. “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.”
In negotiations following an investigative conference, Respondents agreed to a final order by consent. The settlement includes injunctive relief, requiring the Respondents to comply with state and federal fair housing laws and refrain from discriminatory practices in the future. Additionally, as affirmative relief, the Respondents must complete MCAD’s Housing Discrimination 101 training course and make it available to all agents and brokers affiliated with RE/MAX Destiny. They must also adopt a strengthened anti-discrimination policy within 60 days of signing the order. Furthermore, RE/MAX Destiny will make an $8,000 donation to Southwest Boston Senior Services, Inc. d/b/a Ethos, a nonprofit organization dedicated to supporting persons with disabilities.
“This case highlights the MCAD’s commitment to taking proactive action against discriminatory housing practices,” shared Chair Thomas George. “By securing this agreement, we are sending a clear message that denying reasonable accommodations to individuals with disabilities will not be tolerated in Massachusetts.”