Refusing RAFT = Discrimination? Yes, Says Attorney General

Peter Vickery, Esq.
Legislative Affairs Counsel

Renters who are in arrears may qualify for one or more subsidies, e.g., Rental Assistance for Families in Transition (RAFT), Emergency Rental and Mortgage Assistance (ERMA), and Emergency Assistance Rental Program (ERAP). If the subsidies take care of the arrears, does a housing provider have to accept them, even if they come with strings attached? The short answer is yes. Here’s why.

A screen shot of a Tweet from Attorney General Maura Healey, written on Jan. 7, 2021. The Tweet reads “This is important – Tenants can’t be evicted while a rental assistance application is pending. New Line. Landlords can’t discriminate against a tenant simply because they want to pay with RAFT. New Line. If your landlord refuses to fill out their portion of the RAFT app or to accept RAFT, call us.

Attorney General Maura Healey is clear: Denying rental assistance applications could run you afoul of the law.
Source: Twitter

Anti-discrimination Law

Members of MassLandlords know that Chapter 151B of the Massachusetts General Laws states it is unlawful to discriminate against a person “because the individual is such a recipient, or because of any requirement of such public assistance, rental assistance, or housing subsidy program.” Discrimination is one of the counterclaims and defenses that renters can raise in summary process cases, so it can defeat the landlord’s claim for possession (as well as having to pay the renters’ damages and legal fees).

The law in this area is relatively clear. When a landlord refused to accept a housing voucher because the landlord considered the program requirements too burdensome, the Supreme Judicial Court held that the landlord had violated MGL Ch 151B. The name of that case is DiLiddo v. Oxford Street Realty, Inc., 450 Mass. 66 (2007).  Similarly, when a Pittsfield landlord objected to dealing with the local agency administering the Section 8 program, the Western Division Housing Court followed the reasoning in the DiLiddo case and held that the landlord had violated Chapter 151B. The name of that case is Clemons v. Niedzwiecki, 15 CV 0488 (2016).

Does this mean that if renters can pay off their arrears using RAFT, ERMA or ERAP the landlord has to accept the payment, even if there are some strings attached (such as agreeing to dismiss any summary-process cases)? Yes, says the Attorney General in this advisory.

“If your landlord refuses to accept RAFT or ERMA, or refuses to fill out their portion of the application, they may be violating Massachusetts law,” the advisory states.

This is consistent with what Attorney General Maura Healey Tweeted on Jan. 7, 2021:

“This is important - Tenants can't be evicted while a rental assistance application is pending. Landlords can't discriminate against a tenant simply because they want to pay w/ RAFT. If your landlord refuses to fill out their portion of the RAFT app or to accept RAFT, call us.”

 

The AG’s Civil Rights Division makes the same point in this FAQ document.

Enforcing Chapter 151B is part of the Attorney General’s job. So not only could renters raise the landlord’s rejection of RAFT, ERMA or ERAP as a counterclaim in the summary process case, it also seems likely that the Attorney General will pursue landlords who flat-out refuse subsidies or slow-walk their part in the application process.

Massachusetts Commission Against Discrimination

Here at MassLandlords we have believed from the get-go that landlords who reject RAFT, ERMA or ERAP would run afoul of Chapter 151B. To help ensure that we are providing reliable information, we have been trying to find out whether State agencies share our opinion.

For example, back in October 2020 we asked the Massachusetts Commission Against Discrimination (MCAD) to provide some guidance. Why the MCAD? Because this is the agency that has the statutory authority to interpret chapter 151B, which means that the courts have to give considerable weight to what MCAD says about whether a particular act or practice constitutes unlawful discrimination.

But MCAD declined our request, saying that the agency would wait until it received complaints making such claims and adjudicate those complaints on the merits. Seven months on, anecdotal evidence indicates that MCAD now has plenty such cases on its docket. It is worth noting that it is not only the Attorney General who can file MCAD complaints against landlords. Individual renters can do so, and (under section 1.04 (1) (c) of the agency’s regulations) so can advocacy organizations.

Conclusion

Our mission here at MassLandlords is to create better rental housing in Massachusetts by helping current, new and prospective landlords run profitable, compliant and quality businesses. Being a member means complying with our Commonwealth’s anti-discrimination laws, and the law on this point is now clear: Rejecting RAFT, ERMA, and ERAP would constitute unlawful discrimination.

27 Responses to Refusing RAFT = Discrimination? Yes, Says Attorney General

  1. Mark Thompson says:

    My landlord refused to send paperwork into RAFT when I was clearly accepted and qualified for my overdo rent to be paid in full

  2. Stacie says:

    I applied for RAFT 8/19/2021. Ive been proactively sending all the information they needed at their request. They have received everything from me that was required. I got an email saying they need to approve Or deny my case by 9-13. I have left several messages there, emailed my case manager and the landlord Last reply I got was on 9/20 saying they are still waiting on property owners documents from the landlord. If not received by Wednesday, they would issue funds directly to me. It’s now 10/3 and I have no response, no call back no email letting me know what’s going on Amd I have my landlord’s attorney now threatening me. I know he s ignoring RAFT so I don’t get assistance after being laid off recently And then became ill. My landlord texted my on 9/13 saying he received a message from raft and will cooperate. Yet that’s was almost 20 day’s ago and still hasn’t provided it. When I was told my outcome would be sent to me by 9/13. Can anyone guide me in the right direction here? This is a nightmare! I thought RAFT was here to assist people In need and NOT wait on a negligent landlord who is trying to come at me with attorneys and addendums to my lease asking me in writing to give up my tenants rights.

  3. cassandra defreitas says:

    My landlord said he will not accept raft it’s not in his best interest and my niece is up so he’s kicking me out he says he wants the apartment for himself but he’s lying

  4. Debra says:

    My new landlord agreed to take RAFT to move in. We have to be out of current housing by the 31rst. I applied for RAFT but it’s going to take a bit to go through. New landlord is refusing to let us move in until she gets it help

  5. Zack says:

    I applied for RAFT twice! I was lucky enough to get assistance with my utilities, but my landlord refuses to give any information at all. He said that the lease should be good enough and RAFT isnt trustworthy. He is gernally a nice guy, but that is waring off, quickly. He is not giving any information at all and it is very frustrating. I got help from family ki t, but they cant keep paying while I am looking for a good job. I need help!

  6. Kimberly Lowell says:

    My new landlord increased my rent 475.00 a month.. I am a single mom and I can’t afford it.. I applied for Raft but because I’m not behind they can’t help me.. My landlord is refusing my rent for June and said he is evicting me!! I am at a lose for words never been in a situation like this.. How cam I signed a lease if I already know I don’t make enough

  7. Karen says:

    Im a disabled handicapped senior living in an apartment for over 3 years paying 1000 for rent. They sold the building last month and new owner raised rent to 2500. Ive had no hot water in shower for 3 years, having to boil water to take a bath. I have chronic spinal disease and carrying boiling water i burned left arm and badly scarred. Ive had np working oven since i moved in. I applied to raft and new owner did not send in paperwork and is harrassing me. Sent me a notice to quit if unable to pay new rent. Just sent me another text saying i am responsible for rent knowing we are working with Raft. I am in a panic not knowing what to do. We are infested with mice, holes in walls, broken banisters in hallways, broken stairs, faulty electricity, broken toilet, leaking roof, so many issues. I was homeless for 5 years before i moved in here. Fixing everything myself. Cracked pipe under sink i repaired myself. I informed new owner of all of this and he says he’s not interested from before. The roof blew off and previous landlord did not call roofer. It rained in my small porch for a month till i called an old friend/roofer to fix. I had open ceiling for over a month. Please help with suggestions? Ive been on section 8 waiting list for over 15 years.

  8. Autumn Luncoln says:

    I am a veteran who has been struggling for 2 years to come up with my rent due to a medical disability. I was approved for raft and self help. then I was given a notice to quit, for being behind again, I applied for raft my property manager refused to submit there w-9 to receive payment. Their attorney at my court date stated that the property manager will not except raft and will not give the w-9.

  9. Kimberly Thompson says:

    I had applied for Raft in May 2022, due to house fire, I went dwn to CTI in May same week of the fire, they put your through so much it’s ludicrous, I have submitted all necessary documents that was asked for, ever
    Time I thought it was alset, there’s was always sthing else that needed, evry time u call the processing center for updates, no1 rep had told me anything, it was nevr the same information I was gtn, which was nothing, they had me jumping through hoops, the runaround, all the forms they were asking for from landlord was a little much, I had lost my 3rd Apartment because of there lack of help, no one knew anything, some rep gv me hope, well others were so rude, unprofessional, Aftr waiting on hold ovr 2 hours to here the same blow of answers, it waiting to be approved, well I was already approved, it’s sad that mass CTI/ Raft does nothing to help the residents of Massachusetts whom need help during a difficult time, instead of them helping you, they gv u the blow of, I was ready to move into an apartment tht the landlord waited 3 months for the check, aftr everything I needed to do was done, I received another email asking me to tell the landlord he needs a firm from the irs, I couldn’t believe I had to tell the landlord he k w need to submit a another form from URS, so I contacted the landlord.& that did it, he wrote back $ said that’s All, for me to look for another apartment, does anyone k w who u can make a complaint to??
    Raft is useless

  10. Kimberly Thompson says:

    Reply to Stacie ,
    He Stacie,
    I’m dealing with the same problem, I applied back in May due to a house fire, Raft has put my throu hell, jumping through hoops & oka& just playing games, I have just lost my 3rd apartment because of raft….
    Im looking for some info on making a complaint, if we ask nake a complaint to
    If we all can make a complaint, maybe they will make some changes to help the the residents of Massachusetts do get help from raft with wth out going through hell..
    This is why it’s so hard to get help from raft cuz no landlord was to deal with all the nonsense it comes with

  11. Meghan hoch says:

    I need help!! I am a single mom of three kids 10, 7 and 1 years old. I needed help with raft but after the landlord received 8200.00 from raft they same week he hands me a 30 say notice to quit starting tenacnancy expired. Within a 6 months span of a health board investigation he tried 3 times to evict me. I have 1800. Left over for raft to help with November but I still need help for Dec and jan . I texted him asking for the w9 and ledger . He never responded so raft out it as incomplete. My mediation is today at 11am but I have been looking for help with this. I call around for emergency mrvp but they say it’s a10 year wait still. Please I need help .

  12. Jamal says:

    Hi my tenant who is also my childs mother applied for raft. Raft asked for documents proving i live in boston, since my home is located in Fall River. I gave that to them. That was all the documentation they needed. Last minute they ask for child custody paperwork to prove my son lives in boston as well. I called the courts to ask if they could put an address on the judgement. They said they dont do that, wherever the parent lives that is the childs address. My question is why is raft asking for this and is it a way for them to avoid paying my tenants rent. She does owe and im owed some money. Are they trying to say my childs mother cant rent from me?

  13. Jamal says:

    To clarify the son they refer of does live with me and i have sole custody of him. I also have custody of 2 others who ive ask them if i could provide boston school documents. They ignored that. Butbyea the document they want doesnt have an address whatsoever

  14. Michele says:

    We have been looking for two months now for a rental. Our current rental is a month to month. we inquired about a place and the landlord was setting up a time for us to see it. Now he is saying he does not accept RCAP. Really??? My husband is a disabled vet and we have an 11 year old with autism. No one will rent to us and it’s been an emotionaltoll on all of us. From what I read online we cannot be refused housing because we are using rcap to pay our deposits

  15. r kowalski says:

    So my rentor got funding from Raft of over 20K, but the husband gets 700.00 a WEEK from the service and his wife works. Since the payment of the 1st month we have recieved no rent for 2 1/2 years.
    During that time they have purchased a hugh TV, expensive gym equipement, a bed in which they bragged they paid 2,000 for, A late model SUV. a new washer and dryer among other expensive toys.
    This money could be used for people that really need it. In contacting local RAFT agency they said there is nothing they can/would do as they don’t have resources to investigate applicants and just takes their words for ability (or not) to pay. Thinking about contacting the media to investigate.

  16. Debra Keating says:

    Replying to Karen. Raft has helped me but it is ridiculous what they put you through. I’m in the same situation. been on the section 8 waiting list for 13 years. I have contacted every politician, even the head secretary of urban housing. Been totally ignored by her. Got nowhere with the others, just more runaround. I don’t know who to turn to either. I am a disabled senior. no one seems to care about us. so frustrating. Don’t give up. Good luck.

  17. Daryle says:

    I’m sorry an new to the Raft program.

    How does one go about finding a

    landlord /appartments that’s excepts

    the raft program…???!!!

  18. Fred Landlord says:

    RAFT is so broken no sane landlord will touch it if they can help it. I only learned after having to constantly submit and resubmit documentation without being able to talk to anyone about what’s going on and how the application is going. You won’t know if you will get money, how much and when and they will close applications for ridiculous reasons. And as long as the tenant re-applies you technically cannot evict them.

    As far as I can tell many tenants seem to be scamming the system, I don’t think anyone has the time or desire to verify anything. $14k in losses later there is no way I’ll deal with RAFT. It’s helping the people it’s intending to help anyway as far as I can tell.

  19. samantha thebodeau says:

    my landlord is evicting me!after agreeing to accept raft he dragged his feet and my case closed because he did not put in proper paperwork! he knows they only help up to 10,000 and now I’m up to 15,000. now he wants me out, seen a housing mediatory still wants me out have court June 30th. how can he do that? but accept my downstairs neighbors.he knows what to do. if he would have accepted then I wouldn’t be so far behind.

  20. Bushra Ibrahim says:

    I applied with Raft since April 2023 ,they keep asking me submit missing documents, that what I did submitted many many times , and waiting for the answer, no body contact me , only I contact them to follow my application, the answers was different, one time answer was ( case worker will be in touch with you) ,
    other answer ( missing documents) other answer ( will be in touch with you about to many applicants)
    other answer keep asking missing documents like 10 times and l keep sending it again and again everything they asked I resend it again
    they waist my time since April till now, my rent which I owe came up upto $8000., since was $2000 on April .THEY PLAY GAME .where l should go I’m facing problems now to be homeless.NEED HELP
    THE LAST CONTACT WITH THEM ON 06/13
    answers me
    (The application will be screened and a caseworker will reach out soon. Applications are taking some time to process today due to the surge of applications.).
    when I following with them yesterday today the answer was (
    (The application has timed out for missing information and not adding the household members missing on the application.)
    I’m working with them since April, may June . same question send missing and Iall I have missing documents I did send it , just waisted my time in play game until the application time out THAT WHAT THEY WANT , THEY DON’T WANT TO HELP ME IT KIND OF DISCRIMINATION.
    IM NEEDIN HELP PLEASE.

  21. Cotrennia Gilbert says:

    COURT ORDERED UNDER OATH REFUSING RAFT HOME BASE IS AUTOMATICALLY AGAINST THE LAWS. EVICTIONS UNDER WAYFINDERS DEPARTMENT WESTERN HOUSING DIVISION COURT AUTOMATICALLY ARE COMPLETELY UNLAWFUL M.G.L CHAPTER 151 B DIRECTLY INSIDE WESTERN HOUSING DIVISION COURT ITS ILLEGAL TO EVICT ANYBODY WITH A RAFT APPLICATION PENDING.. VIGO IS INSIDE RAFT HOME BASE ILLEGALLY FORGING STEALING TAMPERING WITH THE FUNDINGS DHCD HEARINGS INVESTIGATOR BARBARA BOE MORGAN MARIANNE CERVAN ARE ALSO RESPONSIBLE FOR THESE ILLEGAL EVICTIONS CASES ALSO IN DHCD STEMMING BACK TO LIBERTY ST DTA/ DHCD OFFICE BYER ST DTA/DHCD OFFICE DIRECTLY INTO COTTAGE ST DTA/DHCD OFFICE AUTOMATICALLY.. REFUSING RAFT DURING ANY CRISIS’S IN HOUSING IS COMPLETELY AGAINST THE LAWS.. IT PAYS FOR ARREARS ELECTRIC BILLS GAS EVICTIONS ETC AUTOMATICALLY.. WESTERN HOUSING DIVISION COURT IS IN VIOLATIONS IF YOU WERE EVICTED WITHOUT RAFT ASSESSMENT DEPARTMENT ASSISTING YOU . AUTOMATICALLY COURT ORDERED IT’S COMPLETELY AGAINST THE LAWS IN WESTERN HOUSING DIVISION COURT.. I WAS ILLEGALLY EVICTED..

  22. Cotrennia Gilbert says:

    THE WORD FOR ANY HOUSING ATTORNEY’S LAWYERS ON MY CASES OS DISBARRED INDEFINITELY I AUTOMATICALLY KNOW EXACTLY WHO EACH AN EVERY SINGLE INDIVIDUAL PERSONS PLACES POSITIONS AN DEPARTMENTS ARE.. WESTERN HOUSING DIVISION COURT IS IN MAJOR VIOLATIONS WITH ME AN MY KIDS AN MY HOUSEHOLDS THROUGHOUT WHEREVER I LIVED NOT TO MENTION M.G.L. CHAPTER 151 B PARAGRAPH 4 6 7 A AN 11 TITLE 20 YEARS PLUS AUTOMATICALLY THESE ARE COMPLETELY UNLAWFUL FROM THE ENTIRE BEGINNING INSIDE WESTERN HOUSING DIVISION COURT.. I COMPLAINED ABOUT MY SITUATION DISPLACEMENT EVICTIONS MCAD WAYFINDERS DHCD HUD ALSO ARE IN VIOLATIONS TO THIS VERY DATE FOR ILLEGAL EVICTIONS CASES HIDDEN BEHIND MCAD 📄📄📃📄 NEVER EVER ANY COUNTERCLAIMS UNDER OATH AWARDED NOT TO MENTION SHERIFF’S DEPARTMENT ILLEGALLY FORCED ME OUT OF MY APARTMENT AGAINST M.G.L CHAPTER 151 B THEY STOLE ALL OF MY RENT MONEY COURT ORDERED MONEY ORDERS COLLECTED SEPARATE FROM MY RENT CLAIMING ARREARS ELECTRIC DAMAGES 4 CONSECUTIVE YEARS DIRECTLY INSIDE WESTERN HOUSING DIVISION COURT.. FRAUDULENT SUMMARY PROCESS WRIT AUTOMATICALLY… ILLEGALLY TERMINATED MY VALID CONTRACT LEASES CLOSED MY CASE EVEN BEFORE MY CONTRACT LEASES EXPIRED.. ROBERT FIELDS DINA FEIN ALONGSIDE JOHNATHAN KANE PETER LANE KEYA HICKS MANDY PHAN GOTHIC ST NORTHAMPTON MA SPRING MEADOW APARTMENTS MOUNT HOLYOKE MANAGEMENT HAP HOMEBASE RAFT DEPARTMENT WAYFINDERS DHCD HUD HOUSING I AUTOMATICALLY SAVED MY RENTAL LEDGERS ILLEGALLY FORGED BY KANE LANE HICKS PHAN THROUGHOUT MY ENTIRE TIME LIVING IN CANON CIRCLE.. ARREARS ELECTRIC BILLS GAS BILLS ETC GOES DIRECTLY INTO RAFT DEPARTMENT. IT’S AUTOMATICALLY FOR HOUSE CRISIS’S DISPLACEMENTS EVICTIONS ARREARS ELECTRIC ETC.. I WAS COMPLETELY DENIED ANY ASSISTANCE RESOURCES FUNDS INSIDE MY HOUSEHOLDS UNDER HAP HOMEBASE RAFT DEPARTMENT WAYFINDERS DHCD HUD DOCUMENTED OUTSIDE OF THAT MY VALID CONTRACT LEASES WERE IN BREACHED YEARLY ILLEGALLY FORGED DAMAGED MY D OK DISABLE SONS ADA ACCOMODATIONS SOCIAL SECURITY MONEY ETC IN HOUSING WAYFINDERS AND DIRECTLY INSIDE WESTERN HOUSING DIVISION COURT.. REMIND EVERYONE ITS AGAINST THE LAWS UNDER OATH TO REFUSE SERVICES ASSISTANCE RESOURCES YOU IN RAFT PERIOD NOT TO MENTION CLOSED MY CASE EVEN BEFORE MY CONTRACT LEASES EXPIRED GOT RID OF IT JANUARY 2020.. WESTERN HOUSING DIVISION COURT JOHNATHAN KANE PETER LANE KEYA HICKS MANDY PHAN ARE COMPLETELY RESPONSIBLE FOR THIS ILLEGAL EVICTIONS CASE AND ALL OF MY MONEY STOLEN POSSESSIONS ILLEGALLY RESTRAINED REPOSSESSED UNDER OATH M.G.L. CHAPTER 151 CITY FIRST FAMILIES HAVE TO BE ILLEGALLY LIVING BEHIND RAFT ILLEGALLY FORGING TAMPERING WITH CONTRACT LEASES FUNDS THROUGHOUT THIS ENTIRE TIME, AUTOMATICALLY BECAUSE ME AN MY 3 KIDS WERE ILLEGALLY EVICTED…

  23. Marie gouthro says:

    i can relate to may of u all im living in my car with no heat in winter with my puppy i found a landlord to finally take my raft i had this apartment for over a month landlord pi**** she ready to pull out so they are going to make me lose this apartment then im back to square one again they dont care like they say they do i email call all day an i get nothing then its something else need to be done or she not in for a few days i just want my nightmare to be over i ready to just jump off a bridge i told her this i have mental health problems she dont care if this was there family they be some where all ready but us no u all will be reading about me in the new paper about people an dog froze to death in the car then they will see my letter about raft leaving us in the car but hey maybe our death will help all future people from dying from raft im just getting sick of it

  24. sheila young says:

    I submitted all the documents RAFT requested and my landlord also did. I got an email on February 2,2024 asking for third party documentation why I was unable to pay rent for each month. The email said if I don’t submit the information by 2/1/24 I will be disqualified? Makes no sense!!! Now I’m going to housing court! NO HELP FROM RAFT!! I spoke to other people who got RAFT and they did not have to submit the information that I was asked to submit. Shady!

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