Know Your Rights
⚖️ Federal & State Tenant Rights
Disclaimer:
This is not legal advice. This is a plain-language summary of tenant rights for educational purposes.
If you are facing eviction, harassment, or retaliation, always seek legal assistance through the union or legal aid.
🏛 Your Rights As A Tenant
Whether you rent an apartment, house, or subsidized unit — you have legal rights.
Many landlords hope you don’t know them. We make sure you do.
🔐 Basic Tenant Rights — Massachusetts Law
✅ The Right to Safe, Habitable Housing:
Your landlord must maintain your apartment so it’s safe, sanitary, and up to code.
- Heat, hot water, electricity, and plumbing must work.
- No mold, pest infestations, or unsafe conditions.
- Lead paint disclosures for older units.
✅ The Right to Repairs:
If something breaks that affects your health or safety, your landlord must fix it within a reasonable time after being notified.
✅ The Right to Withhold Rent (When Repairs Are Not Made):
Under specific conditions, tenants may withhold rent or use rent to pay for repairs — but this must be done carefully. The union can guide members through this.
✅ The Right to Privacy:
Your landlord cannot enter your home without proper notice except in emergencies.
✅ The Right to Protection Against Retaliation:
Landlords cannot punish you for:
- Joining the tenant union.
- Reporting code violations.
- Asking for repairs.
- Filing complaints with housing authorities.
✅ The Right to a Written Notice Before Eviction:
Landlords must serve proper notice before filing for eviction.
✅ The Right to Due Process In Court:
You cannot be legally evicted without going through Housing Court.
✅ Security Deposit Protections:
Landlords must follow strict rules for collecting, holding, and returning security deposits.
✅ Rent Control (Note):
Massachusetts currently has no statewide rent control, but some local efforts exist.
⚖ Federal Tenant Rights
✅ Fair Housing Act (Federal Law):
Landlords may not discriminate based on:
- Race, color, national origin, religion, sex, disability, or family status.
✅ Americans with Disabilities Act (ADA):
Tenants with disabilities may request reasonable accommodations to fully use and enjoy their housing.
✅ Right to Organize (Federal Protections):
Tenants have a protected right to form tenant unions and organize together.
✅ Section 8 (Federal Housing Vouchers):
Special protections exist for tenants using federal housing subsidies, including rules on rent increases and terminations.
⚠ Common Illegal Landlord Tactics
🚫 Threatening undocumented tenants with immigration status.
🚫 Changing locks or shutting off utilities to force you out.
🚫 Entering without proper notice.
🚫 Filing false eviction cases to scare tenants.
🚫 Retaliating for union activity.
🚫 Harassing Section 8 or voucher tenants unfairly.
📞 Where To Get Legal Help
- The Tenant Union (first stop)
- Massachusetts Legal Assistance Corporation
- Greater Boston Legal Services
- Northeast Legal Aid
- Housing Court Lawyer for the Day program
- Fair Housing Commission (Boston)
- U.S. Department of Housing and Urban Development (HUD)
- Massachusetts Attorney General’s Office — Consumer Protection
🛡 The Tenant Union’s Role
- We help you know your rights.
- We support members through retaliation, court, and harassment.
- We connect you to legal aid, attorneys, and housing advocates.
- We organize to defend against illegal landlord behavior.
⚖️ Disability, Elder, & Child Tenant Protections
Purpose:
This page explains special protections for disabled tenants, elderly tenants, and families with children.
These protections exist under both Massachusetts and federal law.
♿ Tenant Protections for Disabled Residents
- Tenants with disabilities have the right to request reasonable accommodations from landlords to ensure they can fully use and enjoy their housing.
- Reasonable accommodations may include:
- Allowing service or emotional support animals, even in “no pets” buildings
- Adjusting policies or deadlines due to disability needs
- Allowing physical modifications such as grab bars, ramps, or lowered counters (at tenant’s expense unless federally subsidized)
- Landlords cannot:
- Deny rental applications because of disability
- Refuse reasonable accommodations
- Charge extra deposits or fees for service animals
- All requests for disability-related accommodations are confidential.
👴 Tenant Protections for Elderly Residents
- Massachusetts law includes strong protections for elderly tenants:
- Many senior housing complexes have special eviction protections.
- In some public or subsidized housing, elderly tenants may not be evicted except for serious lease violations.
- Landlords cannot raise rent, terminate leases, or refuse reasonable accommodations based on age.
- The Massachusetts Commission on Discrimination (MCAD) enforces anti-discrimination laws protecting elderly tenants.
- Elderly tenants may also qualify for:
- Utility shutoff protections
- Housing stabilization programs
- Emergency rental assistance
👶 Tenant Protections for Families with Children
- Families with children cannot be denied housing or harassed because they have kids.
- Landlords may not:
- Deny rental applications because of children
- Evict tenants for having children
- Use “occupancy limits” to drive out families (unless fire code requires)
- Massachusetts law also requires:
- Lead paint safety compliance for all apartments where children under 6 live
- Mandatory lead disclosures for older housing units
- Families with children may also receive:
- Priority for certain rental assistance programs
- Stabilization resources if facing eviction or unsafe housing
⚖ Laws That Protect These Tenants
- Massachusetts Anti-Discrimination Law (M.G.L. c. 151B)
- Federal Fair Housing Act (42 U.S.C. §§ 3601 et seq.)
- Americans with Disabilities Act (ADA)
- Lead Poisoning Prevention Act (M.G.L. c. 111 §190-199)
🛡 What To Do If You Face Discrimination
- Contact the Tenant Union immediately.
- Document what happened.
- File complaints with:
- Massachusetts Commission Against Discrimination (MCAD)
- Massachusetts Attorney General’s Office
- Massachusetts Fair Housing Center
- Legal Aid organizations
🤝 Support Resources
| Organization | Services | Contact Info |
|---|---|---|
| Massachusetts Commission Against Discrimination (MCAD) | Housing discrimination enforcement | 📞 (617) 994-6000 🌐 mass.gov/mcad |
| Massachusetts Fair Housing Center | Fair housing enforcement & tenant protections | 📞 (413) 539-9796 🌐 massfairhousing.org |
| Northeast Legal Aid | Legal help for housing discrimination cases | 📞 (978) 458-1465 |
⚖️ Immigrant Tenant Rights
Purpose:
This page explains protections for tenants who are immigrants, undocumented, mixed-status, or concerned about legal status while dealing with landlords, housing, or public agencies.
🏛 Housing Rights Apply To All Tenants
- Landlords are not allowed to ask about or demand information about your immigration status.
- It does not matter what kind of documentation you have — you still have the right to:
- Safe, habitable housing
- Request repairs
- Join the tenant union
- Report landlord violations
- Defend yourself in Housing Court
- Landlords may not threaten or harass tenants about their status.
🛡 Retaliation Is Illegal
- It is illegal for landlords to:
- Threaten you with deportation or report you to any federal agency
- Use your immigration status as an excuse to evict or harass you
- Refuse to make repairs or honor lease agreements based on status
📞 You Have The Right To Organize
- All tenants, regardless of status, have the right to:
- Join the tenant union
- Attend union meetings
- File complaints with the city about unsafe housing
- Request legal assistance
- Membership in the union is always confidential.
🚪 No Entry Without Permission
- Your landlord cannot enter your home without proper notice.
- No law enforcement or public official may enter your home without a proper court warrant.
- You do not need to open your door to anyone unless legally required by a court order.
🧾 Court Protections Exist
- Housing Court does not require proof of immigration status to defend yourself against eviction or illegal landlord behavior.
- You have the right to be represented by legal aid or an attorney.
⚠ If You Feel Threatened or Harassed
- Contact the Tenant Union immediately.
- Do not respond to threats from landlords about your status.
- You may also contact trusted legal aid organizations experienced with immigrant tenants.
🤝 Support Resources
| Organization | Services | Contact Info |
|---|---|---|
| Northeast Legal Aid | Housing defense for all tenants, including immigrants | 📞 (978) 458-1465 |
| Massachusetts Law Reform Institute (MLRI) | Statewide immigrant rights & housing policy advocacy | 📞 (617) 357-0700 🌐 mlri.org |
| Massachusetts Immigrant & Refugee Advocacy Coalition (MIRA) | Advocacy, legal resources, and immigrant protections | 📞 (617) 350-5480 🌐 miracoalition.org |
