Massachusetts Bill Will Require Fair Housing Training for All Realtors

All Massachusetts real estate agents would need to take fair housing training under a new law passed by the state Senate, which says the Trump administration "abandoned its responsibility to enforce federal fair housing law."

S. 2947 passed out of the Senate Thursday by a vote of 38-0. It heads to the state House for a hearing. The bill mandates fair housing law training: about four hours of classroom instruction for real estate license applicants and two hours for license renewals.

It also imposes penalties for second-offense fair housing law violations, doubling the current maximum penalty from a 90-day license suspension to 180-days.

"This legislation strengthens accountability and ensures that every licensed real estate professional understands and upholds the principles of fair housing law,” Sen. Adam Gómez, lead sponsor of the legislation, said in a statement.

Tug-of-war laws

This follows an announcement last year by the U.S. Department of Housing and Urban Development that it would terminate the Affirmatively Furthering Fair Housing rule, which mandated that HUD funding recipients proactively seek to overcome segregation and eliminate disparities in housing access.

Those rules were instilled first in 2015 by the Obama administration, rescinded by Trump in 2020, and re-instituted by Biden in 2021. HUD Secretary Scott Turner said last year they were a burden on local communities. HUD also sought to cut staff in its housing discrimination office.

Fair housing laws have changed over time as a result, putting real estate agents at the fore of some fair housing situations.

The Massachusetts Senate cited a Boston Foundation and Suffolk University study that found Black participants faced high levels of discrimination. The study also found violations for housing voucher recipients of all backgrounds.

“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," Senate President Karen Spilka said in a statement.

Real estate agents would receive training on avoiding discrimination for both buyers and renters "based on demographics like race, national origin, religion, disability, or age, all of which is illegal under state and federal law."

The Senate rejected an amendment to require city and public agencies and HUD funds recipients to certify that their programs comply with the Fair Housing Act.