Section 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).