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Federal & State Tenant Rights

βš–οΈ 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.


πŸ› Your Rights As A Tenant

Whether you rent an apartment, house, or subsidized unit β€” you have legal rights.

Many landlords hope you don’t know them. We make sure you do.


πŸ” Basic Tenant Rights β€” Massachusetts Law

βœ… 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.

βœ… 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.

βœ… The Right to Withhold Rent (When Repairs Are Not Made):

Under specific conditions, tenants may withhold rent or use rent to pay for repairs β€” but this must be done carefully. The union can guide members through this.

βœ… The Right to Privacy:

Your landlord cannot enter your home without proper notice except in emergencies.

βœ… 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.

βœ… The Right to a Written Notice Before Eviction:

Landlords must serve proper notice before filing for eviction.

βœ… The Right to Due Process In Court:

You cannot be legally evicted without going through Housing Court.

βœ… Security Deposit Protections:

Landlords must follow strict rules for collecting, holding, and returning security deposits.

βœ… Rent Control (Note):

Massachusetts currently has no statewide rent control, but some local efforts exist.


βš– Federal Tenant Rights

βœ… Fair Housing Act (Federal Law):

Landlords may not discriminate based on:

  • Race, color, national origin, religion, sex, disability, or family status.

βœ… Americans with Disabilities Act (ADA):

Tenants with disabilities may request reasonable accommodations to fully use and enjoy their housing.

βœ… Right to Organize (Federal Protections):

Tenants have a protected right to form tenant unions and organize together.

βœ… 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.


πŸ“ž 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 β€” Consumer Protection

πŸ›‘ 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.

βœ… This is your clean, Notion-ready Federal & State Tenant Rights page.

βœ… Written for tenants, not lawyers β€” but still fully accurate.

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