As the stimulus package fails to awaken accountability, The Fair Housing Act fails to be enforced at Rockland Place Apartments dba Spring Gate.
What Is Supposed to be Prohibited in the Rental of Housing?
No one may take any of the following actions based on race, color, national origin, religion, sex, familial status or handicap:
Refuse to rent or sell housing
Refuse to negotiate for housing
Make housing unavailable
Deny a dwelling
Set different terms, conditions or privileges for rental of a dwelling
Provide different housing services or facilities
Falsely deny that housing is available for inspection, sale, or rental
For profit, persuade owners to sell or rent (blockbusting) or
Deny anyone access to or membership in a facility or service related to the sale or rental of housing.
In addition, it is illegal for anyone to:
Threaten, coerce, intimidate or interfere with anyone exercising a fair housing right or assisting others who exercise that right
Advertise or make any statement that indicates a limitation or preference based on race, color, national origin, religion, sex, familial status, or handicap. This prohibition against discriminatory advertising applies to single-family and owner-occupied housing otherwise exempt from the Fair Housing Act.
Additional Protection if You Have a Disability
If you or someone associated with you:
Have a physical or mental disability (including hearing, mobility and visual impairments, chronic alcoholism, chronic mental illness, AIDS, AIDS Related Complex and mental retardation) that substantially limits one or more major life activities
Have a record of such a disability or are regarded as having such a disability your landlord may not: Refuse to let you make reasonable modifications to your dwelling or common use areas, at your expense, if necessary for the disabled person to use the housing.
Corporate landlords should not refuse to make reasonable accommodations in rules, policies, practices or services if necessary for the disabled person to use the housing. Example: A subsidized apartment complex manager with a 'peaceful enjoyment' policy must not allow other tenants and their guests to throw balls, rocks, fireworks, etc. at selective apartment windows of any rent payer with or without a disability; Management should take effective and immediate action to resolve the unfair, threatening, and harassing treatment of any tenant which would discourage their continued tenancy and interfere with the enjoyment of their rented unit. Also, tenants should NOT be REQUIRED to sign fraudulent and misdated documents to remain in their subsidized unit.
Another good example could be: An apartment complex that offers tenants ample, unassigned parking should honor this to ALL households whether or not they can afford to own, rent, or borrow a vehicle to assure each household can have access to their rented apartment.
However, housing need not be made available to a person who is a direct threat to the health or safety of others or who currently distributes and/or uses illegal drugs.
*****************
A Management and Occupancy Review of Spring Gate Apts. will be conducted. Last week residents at Rockland Place dba Spring Gate received notices to 'clear the decks' for the visit of John Collins, a MassHousing representative. The March 13, 2009 review allegedly included an inspection of the grounds, buildings, common areas, administrative policies and
procedures, etc.
If tenants had specific issues to bring to the attention of John Collins, it was necessary for tenants to notify the management office of this prior to the inspection. (Of course, tenants realize they could suffer retaliation for bringing up specific issues.)
Freedom can not ring in an oppressive society. This blog reflects thoughts, personal experiences, + several notes of interest on 'affordable' housing. What do you think of gov't financing nuisance properties? Rockland Place continues doing business as SPRING GATE APARTMENTS along Martha Drive + Hannah Way in Rockland, Mass. (shady business).
Saturday, March 14, 2009
Friday, March 6, 2009
Friday, January 23, 2009
Allegations Against Corporate Management
Some of the allegations against management at subsidized Rockland Place Apartments dba Spring Gate are similar to those by residents of Roxse Homes and even from previous residents of Clarendon Hill Towers: (1) violation and breach of Occupancy Agreements; (2)favoritism in allocating apartments and parking spaces; (3)illegal interference with protected tenant activities; (4)illegal attempts at eviction; (5)harassment; (6)illegal coercion for tenants to sign misdated and fraudulent documents; (7) retaliation; (8) violation of Massachusetts General Law, Chapter 186; (9) extortion
What else do these housing complexes have in common? Cornerstone Corporation and MassHousing.
What else do these housing complexes have in common? Cornerstone Corporation and MassHousing.
Tuesday, January 13, 2009
Another Fight in January 2009
January 10, 2009: More trouble at 92E Martha Drive. Several 911 calls were made about a fight in progress around 1:45 a.m. Three people were arrested.
Tax credits and billions of dollars in government grants have not deterred corporate landlords of this subsidized housing complex from aiding and abetting crime on this property. Repeat offenders, tenants with criminal histories or illegal drugs are usually involved in the disturbances, threats, and fights. Where are those promised security cameras and that improved lighting?
Thursday, August 28, 2008
More on Rockland Place Apts.
Rockland Place Apts. is still in the dark while violence continues in the common areas. Another fight took place between the area of building 160 and 141 Martha Drive on August 15, 2008, around 10pm. This was after a violent knife and boulder attack, just a few weeks prior.
Still no promised police substation or security cameras installed, as promised by new owners. Rents continue to be raised and will not be affordable into perpetuity (another false promise by new owners). See documented information below*.
*-A 75% owned subsidiary of the Company (Connelly and Partners, LLC) is the owner of a limited liability company which is a .0005% General Partner in a partnership that has acquired a 204 unit apartment complex. The project was purchased for approximately $4,710,000 from the previous owner, plus an assumption of a $18,315,000 5.36% note from Mass Housing which is not due until January, 2024 at which time the Partnership has an option to buy the property at fair market value. Additionally, a $4,268,813 note at zero interest payable to HUD which is not due until sale, refinancing, end of affordability or repaid from Residual Receipts Funds.
The .999% Limited Partners are investing approximately $9,364,000 and will receive .999% of the Low Income Housing Tax Credits. The funds will be used for a $9,398,000 rehabilitation project which will be done by EH&N Construction Company, a wholly owned subsidiary of its Company.
The General Partner will collect a development fee of approximately $1,600,000 which could be reduced by cost overruns.
FHRC Management Corp., a wholly owned subsidiary of the Company will manage the Property. (It's the same property manager employee as from Cornerstone Corporation.)
Additional financing of approximately $5,700,000 will be provided by Mass Housing Finance Agency and $500,000 will be provided by the Department of Housing and Community Development, State of Massachusetts.
The accounting treatment of the transaction has not been determined to date and is under review.
*According to a published document on December 1, 2006.
Still no promised police substation or security cameras installed, as promised by new owners. Rents continue to be raised and will not be affordable into perpetuity (another false promise by new owners). See documented information below*.
*-A 75% owned subsidiary of the Company (Connelly and Partners, LLC) is the owner of a limited liability company which is a .0005% General Partner in a partnership that has acquired a 204 unit apartment complex. The project was purchased for approximately $4,710,000 from the previous owner, plus an assumption of a $18,315,000 5.36% note from Mass Housing which is not due until January, 2024 at which time the Partnership has an option to buy the property at fair market value. Additionally, a $4,268,813 note at zero interest payable to HUD which is not due until sale, refinancing, end of affordability or repaid from Residual Receipts Funds.
The .999% Limited Partners are investing approximately $9,364,000 and will receive .999% of the Low Income Housing Tax Credits. The funds will be used for a $9,398,000 rehabilitation project which will be done by EH&N Construction Company, a wholly owned subsidiary of its Company.
The General Partner will collect a development fee of approximately $1,600,000 which could be reduced by cost overruns.
FHRC Management Corp., a wholly owned subsidiary of the Company will manage the Property. (It's the same property manager employee as from Cornerstone Corporation.)
Additional financing of approximately $5,700,000 will be provided by Mass Housing Finance Agency and $500,000 will be provided by the Department of Housing and Community Development, State of Massachusetts.
The accounting treatment of the transaction has not been determined to date and is under review.
*According to a published document on December 1, 2006.
Friday, July 4, 2008
More Group Assaults in July 2008
July is getting off to another safe and happy start inside the subsidized Rockland Place Apartments dba Spring Gate (prison facility?) dba government subsidized housing complex in Rockland, Massachusetts. Though violence amongst residents and live-ins continue, there are still no promised security cameras in place to deter crime and traffik. Another group beating took place near 83 Hannah Way this first week in July 2008.
Tuesday, July 1, 2008
MassHousing Supports Fraud and Violence at Rockland Place Apts.
MassHousing is a state agency that supports the development and preservation of affordable rental housing even when fraud is involved.
New and old investors reap further financial benefits from affordable housing hedge funds. While unaccountable corporate partnerships receive more rent increases granted by MassHousing, and receive LIHTC (low-income housing tax credits), violence continues at Rockland Place Apts. dba Spring Gate. No promised security cameras were ever installed at this 204-unit housing complex to help reduce crime.
In June 2008, at least 2 violent incidents took place in front of 140 Martha Drive. To make matters worse, qualifying and legal residents usually go through repeated and frivolous eviction proceedings when they question the illegal and unethical behavior of Owners and Management. These corporate owners are often allowed to breach annual occupancy agreements and have denied qualifying residents their fair right to continued affordable housing.
New and old investors reap further financial benefits from affordable housing hedge funds. While unaccountable corporate partnerships receive more rent increases granted by MassHousing, and receive LIHTC (low-income housing tax credits), violence continues at Rockland Place Apts. dba Spring Gate. No promised security cameras were ever installed at this 204-unit housing complex to help reduce crime.
In June 2008, at least 2 violent incidents took place in front of 140 Martha Drive. To make matters worse, qualifying and legal residents usually go through repeated and frivolous eviction proceedings when they question the illegal and unethical behavior of Owners and Management. These corporate owners are often allowed to breach annual occupancy agreements and have denied qualifying residents their fair right to continued affordable housing.
Saturday, June 7, 2008
Friday, June 6, 2008
Rockland Place Aids/Abets Illegal Activities
804 CMR 02.00 MCAD Housing
2.01: General Provisions Pertaining to Housing Discrimination
(1) Applicable Law. The Massachusetts Fair Housing statute, as contained in M.G.L. c. 151B, s. 4 prohibits discrimination because of race, color, religious creed, national origin, sex, age, ancestry, veteran status, sexual orientation, marital status, children, handicap, and receipt of public assistance or housing subsidy in the selling, renting or leasing of housing accommodations, commercial space, or land intended for use as such.
(2) Persons Covered By M.G.L. c 151B, s. 4.
(a) Owners of single family dwellings,multiple family dwellings, commercial space, or land intended for such use are covered by M.G.L. c. 151B, s. 4.
(b) Licensed real estate brokers, managing agents, lessees, sublessees, or assignees of such dwellings, commercial space or land are covered by M.G.L. c. 151B, s. 4.
(c) Those having right of ownership or possession, or right to rent, lease or sell, or negotiate for the sale or lease of such dwellings, commercial space or land are covered by M.G.L. c. 151B, s. 4.
(d) Agents or employees of any person(s) described in 804 CMR 2.01(a), (b) or (c) are covered by M.G.L. c. 151B, s. 4.
(e) Any organization of unit owners in a condominium or housing cooperative is covered by M.G.L. c. 151B, s. 4.
(f) Those persons who coerce, intimidate, threaten or interfere with another person in the exercise or enjoyment of any right under M.G.L. c. 151B, s. 4.
(g) Those persons who directly or indirectly prevent or attempt to prevent the construction, purchase, sale or rental of any dwelling or land covered by M.G.L. c. 151B, s. 4.
(h) Those persons who aid or abet in doing any illegal acts specified by 804 CMR 2.00 et seq. are covered by M.G.L. c. 151B, s. 4.
(3) Property Covered By M.G.L. c 151B, s. 4.
(a) Virtually all land and housing accommodations in the Commonwealth are covered by M.G.L. c. 151B, s. 4. These include, but are not limited to: residentially zoned land and house lots; three family homes; apartments and tenement houses; multi-family dwellings and housing developments; publicly assisted housing; and, single and two family residences intended for sale.
(b) All commercial space, for sale or for rent, and all land intended to be put to commercial use are covered by M.G.L. c. 151B, s. 4.
(4) Property Not Covered By M.G.L. c. 151B, s. 4. The leasing or rental of units in those two family homes in which the owner occupies one apartment of that home as his residence is not covered by this law unless:
(a) The homeseeker or renter is a recipient of public assistance or housing subsidy; or,
(b) The leasing or rental process utilized the services of a person or organization whose business includes engaging in residental real estate related transactions; or,
(c) The availability of such unit is made known by making, printing, publishing, or causing to be made printed or published any notice, statement, or advertisement with respect to the rental of such a unit that indicates any preference limitation, exclusion or discrimination based upon race, color, religion, sex, sexual orientation, national origin, ancestry, children, marital status, handicap, veteran status, or public assistance or housing subsidy recipiency.
The following text is effective 07/01/93
(5) Unlawful Housing Practices
(a) It is unlawful to refuse to rent or lease or otherwise to deny to or withhold from any person such housing, space or land because of race, color, religious creed, national origin, sex, age, ancestry, veteran status, sexual orientation, marital status, children, handicap or receipt of public assistance or housing subsidy.
(b) It is unlawful to discriminate against any person because of his or her race, color, religious creed, national origin, sex, age, ancestry, veteran status, sexual orientation, marital status, children, handicap or receipt of public assistance or housing subsidy in the terms, conditions or privileges of such housing, space or land, or the acquisition thereof, or in the furnishing of facilities and services in connection therewith.
(c) It is unlawful to cause to be made any written or oral inquiry, or record, concerning the race, color, religious creed, national origin, sex, age, ancestry, veteran status, sexual orientation, martial status or handicap of any person seeking to rent, lease, or buy any such housing, commercial space, or land.
(d) It is unlawful to advertise for rent or for sale any housing, space, or land (vacant or not), or to post a "For Rent" or "For Sale" sign or notice, or to offer or to accept a listing, which advertisement, sign or listing is intended to discriminate against any person or group of persons because of the race, color, religious creed, national origin, sex, age, ancestry, veteran status of such person or persons, sexual orientation, marital status, children, handicap or receipt of public assistance or housing subsidy.
(6) Examples of Unlawful Housing Practices. Examples of unlawful housing practices include, but are not limited to the following:
(a) To refuse to rent or sell a dwelling, commercial space or land (vacant or not) to a person or group of persons because of their protected status.
(b) To charge a person more for the purchase or rental of a dwelling, commercial space or land because of his or her protected status.
(c) To advertise a dwelling, commercial space or land in any way so as to convey an attitude of discrimination on the basis of a person's protected status.
(d) To falsely deny the availability of a dwelling, commercial space or land because of a person's protected status.
(e) To refuse to permit reasonable modifications to the premises to accommodate a person with a handicap.
(f) To pass an ordinance that unlawfully denies a dwelling, commercial space or land to a person or group of persons because of their protected status.
(g) To refuse to rent to a family with a child or children because the premises do or may contain lead paint.
(h) To publicly or privately make any offering, whether in writing or verbally, in any way, so as to convey an attitude of discrimination on the basis of a person's protected status.
2.02: Housing Discrimination Against Persons with Children
(1) Applicable Law. M.G.L. c. 151B, s. 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:
The following text is effective 07/01/93
(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.
2.03: Housing Discrimination On The Basis Of Handicap
(1) Applicable Law. M.G.L. c. 151B, s. 4, subsections 6, 7 and 7A prohibit discrimination in the sale or rental of accommodations to any person because of that person's physical or mental handicap.
(2) Definition of Handicap. Handicap is defined as follows:
(a) A person with a physical or mental impairment which substantially limits one or more major life activities. Major life activities include walking, seeing, hearing, speaking, breathing, learning and working.
(b) A person with a record of having this kind of impairment, or
(c) A person who is perceived as having this kind of impairment.
(3) Reasonable Accommodations and Modifications. Under state law, rules, policies, practices or service delivery must be changed so that people with disabilities can reasonably live in and enjoy the premises, including public and common areas. In addition, an owner must permit a person with a disability to make structural modifications to the building or unit to make them accessible. Under state law, if the dwelling is in a building with ten or more units or it is publicly assisted housing, the owner must pay for the reasonable modifications unless she/he can show that making the changes would cause an "undue hardship." In all other cases, the disabled person must pay for the modifications.
(4) Examples of Reasonable Modifications and Reasonable Accommodations. Examples of reasonable modifications and reasonable accomodations include, but are not limited to the following:
(a) A sight-impaired person could request that raised numbers be put on the mailbox, on the intercom system or in the elevator.
(b) A hearing-impaired person could request that the doorbell flash a light when it is activated, rather than ring.
(c) A person with a mobility impairment could request that a cabinet be lowered, that a doorway be widened, that a grab bar be installed or that a front entrance, of five or fewer steps, be ramped.
(5) New Construction. As of March, 1991, all new residential construction for multi-family dwellings (three or more units) must provide basic access. This includes:
(a) At least one building entrance on an accessible route;
(b) Accessible public paths and other public common areas;
(c) The path of travel into and through the unit (including most balconies and patios) must be accessible;
(d) Doors intended for passage from outside the unit and throughout the unit must be sufficiently wide to allow passage by wheelchair;
(e) Switches, thermostats, environmental controls and electrical outlets in accessible locations;
(f) Bathrooms and kitchens must be able to be maneuvered by persons in wheelchairs.
All units on the ground floor must comply with these criteria, and if there is an elevator, all units served by the elevator must comply. In addition, 5% of all units must be fully wheelchair accessible, and 2% must be fully communication accessible.
Renovations must comply with state architectural access regulations (521 CMR).
2.04: Housing Discrimination in Credit Services or Rental Accommodations--Applicable Law
M.G.L. c. 151B, s. 4, subsection 10 prohibits discrimination in the furnishing of credit services, or in the renting of accommodations against an individual who is a recipient of federal, state or local assistance.
2.05: Housing Discrimination in the Granting of Mortgage Loans--Applicable Law
M.G.L. c. 151B, s. 4, subsection 3B prohibits discrimination in the granting of mortgage loans, including the terms thereof because of race, color, religious creed, national origin, sex or ancestry.
REGULATORY AUTHORITY
804 CMR 2.00; M.G.L. c. 151B, s. 3.
2.01: General Provisions Pertaining to Housing Discrimination
(1) Applicable Law. The Massachusetts Fair Housing statute, as contained in M.G.L. c. 151B, s. 4 prohibits discrimination because of race, color, religious creed, national origin, sex, age, ancestry, veteran status, sexual orientation, marital status, children, handicap, and receipt of public assistance or housing subsidy in the selling, renting or leasing of housing accommodations, commercial space, or land intended for use as such.
(2) Persons Covered By M.G.L. c 151B, s. 4.
(a) Owners of single family dwellings,multiple family dwellings, commercial space, or land intended for such use are covered by M.G.L. c. 151B, s. 4.
(b) Licensed real estate brokers, managing agents, lessees, sublessees, or assignees of such dwellings, commercial space or land are covered by M.G.L. c. 151B, s. 4.
(c) Those having right of ownership or possession, or right to rent, lease or sell, or negotiate for the sale or lease of such dwellings, commercial space or land are covered by M.G.L. c. 151B, s. 4.
(d) Agents or employees of any person(s) described in 804 CMR 2.01(a), (b) or (c) are covered by M.G.L. c. 151B, s. 4.
(e) Any organization of unit owners in a condominium or housing cooperative is covered by M.G.L. c. 151B, s. 4.
(f) Those persons who coerce, intimidate, threaten or interfere with another person in the exercise or enjoyment of any right under M.G.L. c. 151B, s. 4.
(g) Those persons who directly or indirectly prevent or attempt to prevent the construction, purchase, sale or rental of any dwelling or land covered by M.G.L. c. 151B, s. 4.
(h) Those persons who aid or abet in doing any illegal acts specified by 804 CMR 2.00 et seq. are covered by M.G.L. c. 151B, s. 4.
(3) Property Covered By M.G.L. c 151B, s. 4.
(a) Virtually all land and housing accommodations in the Commonwealth are covered by M.G.L. c. 151B, s. 4. These include, but are not limited to: residentially zoned land and house lots; three family homes; apartments and tenement houses; multi-family dwellings and housing developments; publicly assisted housing; and, single and two family residences intended for sale.
(b) All commercial space, for sale or for rent, and all land intended to be put to commercial use are covered by M.G.L. c. 151B, s. 4.
(4) Property Not Covered By M.G.L. c. 151B, s. 4. The leasing or rental of units in those two family homes in which the owner occupies one apartment of that home as his residence is not covered by this law unless:
(a) The homeseeker or renter is a recipient of public assistance or housing subsidy; or,
(b) The leasing or rental process utilized the services of a person or organization whose business includes engaging in residental real estate related transactions; or,
(c) The availability of such unit is made known by making, printing, publishing, or causing to be made printed or published any notice, statement, or advertisement with respect to the rental of such a unit that indicates any preference limitation, exclusion or discrimination based upon race, color, religion, sex, sexual orientation, national origin, ancestry, children, marital status, handicap, veteran status, or public assistance or housing subsidy recipiency.
The following text is effective 07/01/93
(5) Unlawful Housing Practices
(a) It is unlawful to refuse to rent or lease or otherwise to deny to or withhold from any person such housing, space or land because of race, color, religious creed, national origin, sex, age, ancestry, veteran status, sexual orientation, marital status, children, handicap or receipt of public assistance or housing subsidy.
(b) It is unlawful to discriminate against any person because of his or her race, color, religious creed, national origin, sex, age, ancestry, veteran status, sexual orientation, marital status, children, handicap or receipt of public assistance or housing subsidy in the terms, conditions or privileges of such housing, space or land, or the acquisition thereof, or in the furnishing of facilities and services in connection therewith.
(c) It is unlawful to cause to be made any written or oral inquiry, or record, concerning the race, color, religious creed, national origin, sex, age, ancestry, veteran status, sexual orientation, martial status or handicap of any person seeking to rent, lease, or buy any such housing, commercial space, or land.
(d) It is unlawful to advertise for rent or for sale any housing, space, or land (vacant or not), or to post a "For Rent" or "For Sale" sign or notice, or to offer or to accept a listing, which advertisement, sign or listing is intended to discriminate against any person or group of persons because of the race, color, religious creed, national origin, sex, age, ancestry, veteran status of such person or persons, sexual orientation, marital status, children, handicap or receipt of public assistance or housing subsidy.
(6) Examples of Unlawful Housing Practices. Examples of unlawful housing practices include, but are not limited to the following:
(a) To refuse to rent or sell a dwelling, commercial space or land (vacant or not) to a person or group of persons because of their protected status.
(b) To charge a person more for the purchase or rental of a dwelling, commercial space or land because of his or her protected status.
(c) To advertise a dwelling, commercial space or land in any way so as to convey an attitude of discrimination on the basis of a person's protected status.
(d) To falsely deny the availability of a dwelling, commercial space or land because of a person's protected status.
(e) To refuse to permit reasonable modifications to the premises to accommodate a person with a handicap.
(f) To pass an ordinance that unlawfully denies a dwelling, commercial space or land to a person or group of persons because of their protected status.
(g) To refuse to rent to a family with a child or children because the premises do or may contain lead paint.
(h) To publicly or privately make any offering, whether in writing or verbally, in any way, so as to convey an attitude of discrimination on the basis of a person's protected status.
2.02: Housing Discrimination Against Persons with Children
(1) Applicable Law. M.G.L. c. 151B, s. 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:
The following text is effective 07/01/93
(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.
2.03: Housing Discrimination On The Basis Of Handicap
(1) Applicable Law. M.G.L. c. 151B, s. 4, subsections 6, 7 and 7A prohibit discrimination in the sale or rental of accommodations to any person because of that person's physical or mental handicap.
(2) Definition of Handicap. Handicap is defined as follows:
(a) A person with a physical or mental impairment which substantially limits one or more major life activities. Major life activities include walking, seeing, hearing, speaking, breathing, learning and working.
(b) A person with a record of having this kind of impairment, or
(c) A person who is perceived as having this kind of impairment.
(3) Reasonable Accommodations and Modifications. Under state law, rules, policies, practices or service delivery must be changed so that people with disabilities can reasonably live in and enjoy the premises, including public and common areas. In addition, an owner must permit a person with a disability to make structural modifications to the building or unit to make them accessible. Under state law, if the dwelling is in a building with ten or more units or it is publicly assisted housing, the owner must pay for the reasonable modifications unless she/he can show that making the changes would cause an "undue hardship." In all other cases, the disabled person must pay for the modifications.
(4) Examples of Reasonable Modifications and Reasonable Accommodations. Examples of reasonable modifications and reasonable accomodations include, but are not limited to the following:
(a) A sight-impaired person could request that raised numbers be put on the mailbox, on the intercom system or in the elevator.
(b) A hearing-impaired person could request that the doorbell flash a light when it is activated, rather than ring.
(c) A person with a mobility impairment could request that a cabinet be lowered, that a doorway be widened, that a grab bar be installed or that a front entrance, of five or fewer steps, be ramped.
(5) New Construction. As of March, 1991, all new residential construction for multi-family dwellings (three or more units) must provide basic access. This includes:
(a) At least one building entrance on an accessible route;
(b) Accessible public paths and other public common areas;
(c) The path of travel into and through the unit (including most balconies and patios) must be accessible;
(d) Doors intended for passage from outside the unit and throughout the unit must be sufficiently wide to allow passage by wheelchair;
(e) Switches, thermostats, environmental controls and electrical outlets in accessible locations;
(f) Bathrooms and kitchens must be able to be maneuvered by persons in wheelchairs.
All units on the ground floor must comply with these criteria, and if there is an elevator, all units served by the elevator must comply. In addition, 5% of all units must be fully wheelchair accessible, and 2% must be fully communication accessible.
Renovations must comply with state architectural access regulations (521 CMR).
2.04: Housing Discrimination in Credit Services or Rental Accommodations--Applicable Law
M.G.L. c. 151B, s. 4, subsection 10 prohibits discrimination in the furnishing of credit services, or in the renting of accommodations against an individual who is a recipient of federal, state or local assistance.
2.05: Housing Discrimination in the Granting of Mortgage Loans--Applicable Law
M.G.L. c. 151B, s. 4, subsection 3B prohibits discrimination in the granting of mortgage loans, including the terms thereof because of race, color, religious creed, national origin, sex or ancestry.
REGULATORY AUTHORITY
804 CMR 2.00; M.G.L. c. 151B, s. 3.
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