Somerville, Mass., Ord. ch. 7 art. III § 7-44
Unlawful housing practices
Operative Text
It shall be un unlawful housing practice: (1) 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: a. To discriminate or directly or indirectly make or cause to be made any written or oral inquiry concerning the race, color, creed, religion, sex, handicap , marital status, family or relationship structure , sexual preference, military status, age, ancestry and/or national origin of any prospective purchaser, occupant , or tenant of such housing accommodations; b. To discriminate or directly or indirectly to refuse to sell, rent, lease, let or otherwise deny to or withhold from any individual, such housing accommodation because of race, color, creed, religion, sex, handicap, marital status, family or relationship structure, children, sexual preference, military status, source of income, age, ancestry and/or national origin; c. To discriminate or to directly or indirectly print or publish or cause to be printed or published, circulated, broadcasted, 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, based upon race, color, creed, religion, sex, handicap, children, marital status, family or relationship structure, sexual preference, source of income, military status, age, ancestry and/or national origin; d. To directly or indirectly discriminate against any person because of race, color, creed, religion, sex, handicap, children, marital status, family or relationship structure, sexual preference, source of income, military status, age, ancestry and/or national origin in the terms, conditions or privileges of the sale, rental, lease, or letting of any such housing accommodation or in the furnishing of facilities or services in connection therewith; (2) 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: a. To discriminate or to directly or indirectly make or cause to be made any written or oral inquiry concerning the race, color, creed, religion, sex, handicap, marital status, family or relationship structure, sexual preference, military status, age, ancestry and/or national origin of any individual seeking such financial assistance, or of existing or prospective occupants or tenants of such housing accommodation; b. To discriminate directly or indirectly in the terms, conditions or privileges relating to the obtaining or use of any such financial assistance because of race, color, creed, religion, sex, handicap, children, marital status, family or relationship structure, sexual preference, source of income, military status, age, ancestry and/or national origin; c. To discriminate or to directly or indirectly deny or limit such application for financial assistance on the basis of an appraiser's evaluation, whether independent or not, of the property or neighborhood under consideration, when such evaluation is based on race, color, creed, religion, sex, handicap, children, marital status, family or relationship structure, sexual preference, source of income, military status, age, ancestry and/or national origin; (3) For any person, 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: a. Implicit or explicit representations regarding the existing or potential proximity or real property owned, used or occupied by persons of any particular race, color, creed, religion, sex, marital status, family or relationship structure, sexual preference, handicap, military status, age, ancestry and/or national origin; b. 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; c. 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 race, color, creed, religion, sex, marital status, family or relationship structure, sexual preference, source of income, children, handicap, military status, age, ancestry and/or national origin; (4) Except where based on a valid affirmative action program or recordkeeping or reporting requirement approved by the state or federal government or adopted pursuant to a court decree: a. For any person, agent, manager, owner, or developer of any apartment or housing unit, complex or development, whether commercial or residential, to directly or indirectly make or keep a record of any applicant's, prospective tenant's or existing tenant's race, color, creed, religion, sex, handicap, children, marital status, family or relationship structure, sexual preference, military status, age, ancestry and/or national origin; b. To use any form of housing or loan application which contains questions or entries directly or indirectly pertaining to race, color, creed, religion, sex, handicap, children, marital status, family or relationship structure, sexual preference, source of income, military status, age, ancestry and/or national origin; c. To establish, announce or follow a pattern, practice, or policy of denying, excluding or limiting by any means whatsoever housing accommodations because of race, color, creed, religion, sex, handicap, children, marital status, family or relationship structure, sexual preference, source of income, military status, age, ancestry and/or national origin; (5) For any person to discriminate in any manner against any individual or to otherwise deny to or withhold from such individual housing accommodations because he or she has opposed any practice forbidden by this article or because he or she has made a charge, testified, or assisted in any manner in any investigation or proceedings under this article; (6) For any person, whether or not acting for monetary gain, to aid, abet, incite, compel or coerce the doing of any act declared by this article to be an unlawful housing practice, or to obstruct or prevent any person from complying with the provisions of this article 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. (Code 1963, § 17-4; Ord. No. 2023-12 , 5-25-2023 )
Somerville Code of Ordinances ch. 7, art. III § 7-44 prohibits a broad range of discriminatory housing practices based on characteristics such as race, sex, religion, handicap, source of income, family structure, and several other protected categories. The rule covers not only outright refusals to rent or sell, but also discriminatory advertising, recordkeeping, steering, and lending practices. It also forbids retaliation against anyone who opposes or reports a violation, and bars anyone from helping another party commit these unlawful acts.
Plain English — not legal advice.
Under Somerville Code ch. 7, art. III § 7-44, compliant housing operators avoid making any oral or written inquiries about protected characteristics during the application process and ensure that all advertising is free of language that signals preference or exclusion based on those categories. They also refrain from maintaining records of applicants' protected traits unless a government-approved affirmative action or reporting program specifically requires it. Application forms, screening criteria, and service terms are reviewed to confirm they do not directly or indirectly treat applicants differently based on any characteristic the ordinance covers.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 7-44 of the Somerville Code gives prospective and current tenants the right to be free from discrimination in advertising, applications, rental terms, and related financial transactions across a wide range of protected characteristics. The ordinance also protects individuals from retaliation if they report a violation or participate in an investigation, meaning that raising a complaint cannot lawfully be used as grounds for adverse housing action. Tenants who believe a violation has occurred may consider filing a complaint with a local civil rights or housing authority, or consulting a tenant-rights organization familiar with Somerville's ordinance.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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