Cal. Civ. Code § 2.02
Housing Discrimination Against Persons with Children
Operative Text
(1) Applicable Law. M.G.L. c. 151B, § 4, subsection 11 prohibits discrimination in the leasing or
renting of accommodations to any person because the person has a child or children who shall occupy
the premises with such person.
(2) Definition of Children.
(a) For the purposes of 804 CMR 2.02, a child is any individual who has not yet attained the age
of 18 years.
(b) For the purposes of 804 CMR 2.02, discrimination against persons with children shall extend
to women who are pregnant.
(c) For the purposes of 804 CMR 2.02, discrimination against persons with children shall extend
to persons who are in the process of securing legal custody of a child or children.
(3) Examples of Unlawful Practices. Examples of unlawful practices under 804 CMR 2.02(3) include
but are not limited to the following:
(a) Refusing to rent to families with young children because of lead paint in the unit.
(b) Refusing to allow families with young children to live above a certain floor.
(c) Charging a higher rent or security deposit to families with children.Under 804 Mass. Code Regs. 2.02, Massachusetts law prohibits housing providers from refusing to rent, imposing different financial terms, or placing restrictions on where occupants may live based on the presence of children under 18. The regulation extends these protections to pregnant women and to individuals in the process of obtaining legal custody of a child. Specific practices called out as unlawful include denying housing due to lead paint, restricting families with children to certain floors, and charging higher rent or security deposits because children will occupy the unit.
Plain English — not legal advice.
Property owners and managers operating under 804 Mass. Code Regs. 2.02 generally apply the same rental criteria, pricing, and unit-placement policies to all applicants regardless of whether children will be living in the home. Compliant operators do not use the presence of lead paint as a basis to turn away families with young children — lead paint remediation obligations are handled separately from tenant selection. Rental applications, lease terms, and security deposit amounts are typically kept uniform so that families with children, pregnant applicants, and those pursuing legal custody are evaluated on the same footing as any other prospective tenant.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
804 Mass. Code Regs. 2.02 gives renters with children — as well as pregnant individuals and those seeking legal custody — the right to be free from discriminatory rental practices in Massachusetts. If a landlord refuses to rent, restricts which floors you may occupy, or demands higher rent or a larger security deposit because of children in the household, that conduct may constitute a violation of this regulation. Tenants who believe they have experienced such discrimination can explore filing a complaint with the Massachusetts Commission Against Discrimination (MCAD), consulting a local tenant-rights organization, or raising the violation as a defense in a housing proceeding.
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 30, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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