Massachusetts Bill Would Mandate Fair Housing Education For Real Estate Licensees

State lawmakers in Massachusetts are looking to codify a requirement for mandatory fair housing education for real estate licensees. State Senate Bill 2959 was introduced earlier this month by lead sponsor State Senator Adam Gómez (D-Springfield).

The bill was approved 38-0 in the State Senate and is currently being reviewed by the state’s House Committee on House Ways and Means. 

“Fair housing is a cornerstone of equity and opportunity in Massachusetts. This legislation strengthens accountability and ensures that every licensed real estate professional understands and upholds the principles of fair housing law,” State Senator Gómez said in a statement. “By increasing transparency, enhancing education requirements and enforcing stronger penalties for violations, we are taking meaningful steps to protect residents across the Commonwealth.”

The bill is backed by the Massachusetts Association of Realtors (MAR). In an emailed statement, Theresa Hatton, the CEO of MAR, says that fair housing is “particularly important at this time, when there is a severe lack of available housing to meet demand.”

“In these tight markets, it is important that consumers and real estate licensees are knowledgeable about fair housing laws and regulations,” Hatton wrote. “Currently, there is no requirement for fair housing training in the pre-licensing course. This bill fixes this challenge and also requires licensees to have refresher training each time they renew their real estate licenses. Not all fair housing laws across the country are the same. Massachusetts has additional requirements that exceed the ones that the federal Housing and Urban Development (HUD) maintain. Realtors have an ethical obligation to provide fair housing via their Code of Ethics.”

Mandatory fair housing education

If passed the bill would require real estate license applicants in Massachusetts would be required to complete at least four hours of classroom education about fair housing law. This would represent 10% of the mandated 40 hours of classroom education for licensee applicants. Additionally, the bill would require existing brokers and agents seeking to renew their licenses to take at least two hours of classroom instruction on fair housing. 

The bill also seeks to increase penalties for any real estate professional found to be in violation of fair housing laws. Under the bill, a licensee’s first violation would result in a 60-day license suspension. However, if the offender is found to have a previous fair housing violation within the last two years, the suspension would increase to 180 days. This is double the state’s current maximum suspension time. 

In addition, the bill would allow the state’s attorney general’s office or fair housing organizations to directly refer cases to the Massachusetts Board of Registration of Real Estate Brokers and Salespersons if they find evidence of fair housing violations. The board would also be required to publish an annual report including all of the brokers or agents who received suspensions due to fair housing violations and a summary of their violation and the response. 

Legislation a response to Trump’s relaxed fair housing enforcement

State lawmakers in Massachusetts are framing the legislation as a response to the Trump administration’s relaxing of federal fair housing enforcement. 

“While the Trump Administration has sought to roll back protections, the Senate knows that our Commonwealth’s values demand that access to housing is guided by fairness and inclusion, not prejudice. Today we are taking an important step to make that promise real,” State Senate President Karen E. Spilka (D-Ashland) said in a statement. 

Removing disparate impact guidance

Earlier this year, HUD proposed eliminating its discriminatory effects regulations under the Fair Housing Act. If accepted, the proposal would remove HUD’s longstanding guidance on disparate impact, a legal theory recognizing that policies appearing neutral can disproportionately affect protected groups even without discriminatory intent. Disparate impact liability was formalized by HUD in 2013 and its validity was affirmed by the Supreme Court in 2015. After revisions during President Donald Trump’s first term, the Biden administration reinstated the 2013 rule in 2023.

Despite the potential relaxing of these rules on a federal level, real estate professionals told HousingWire that day-to-day practices are unlikely to shift dramatically because professional organizations and state regulators already impose strict fair housing requirements.

“I haven’t seen a big difference in the way Realtors do business,” Debbie Drummond, the head of The Debbie Drummond Real Estate Team of Simply Vegas, told HousingWire in January. “I don’t think you’re going to see a lot in terms of the day-to-day, because it’s drilled it into our heads with our training. Even the state of Nevada, when you renew your license, you have to have training on fair housing. So even if [HUD] rolls things back, I don’t think it’s going to affect the way Realtors do business.”