Attorney General v. Brow

511 N.E.2d 1103 (Mass. 1987)

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Nature of the Case

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Facts

Brown (D) owned or had an interest in 8,000 residential units of which 3,000 were in the Boston metropolitan area. D refused to process rental applications from holders of Section 8 certificates. D claims that he would not rent to anyone who did not make an advance payment of the last month's rent and sign a lease used by his own realty company and that Section 8 leases were materially less advantageous to him as it cost a great deal of time and effort and money to deal with the administrative bureaucracy of the Section 8 program, and that he loses money from a tenant from whom he cannot collect the last month's rent. A judge granted a summary judgment for the Attorney General in that D's refusal to process. Section 8 certificates violated Mass.Gen.Laws ch. 151B, Section 4(10); in that D's discrimination against a Section 8 holder was solely based on the fact that the individual was such a recipient. Summary judgment was also granted for violation of Mass. Gen. Laws ch. 151 Section 4(6); in that the practice of refusing to process Section 8 certificates has a disproportionate impact on members of minorities. D appealed.