The MCAD Process
Sandonato Law represents landlords in matters before the Massachusetts Commission Against Discrimination (MCAD).
The MCAD is the state agency responsible for investigating and resolving housing and employment discrimination complaints in Massachusetts. A tenant, applicant, or prospective tenant can file a complaint against a landlord alleging discrimination on the basis of a protected category, such as race, national origin, disability, source of income, familial status, or other protected classes under Massachusetts law.
How a Complaint Reaches MCAD
- A complainant files a sworn complaint with MCAD within 300 days of the alleged discriminatory act
- MCAD notifies the landlord (the respondent) and opens an investigation
- The landlord is required to file a formal response, called a Position Statement, addressing the allegations
The Investigation Process
- Intake and docketing — MCAD reviews the complaint and assigns it a case number
- Position Statement — the landlord responds in writing, addressing each allegation and providing supporting documentation
- Investigation — an MCAD investigator may request additional documents, conduct interviews, or hold a fact-finding conference with both parties
- Probable cause determination — MCAD decides whether there is probable cause to believe discrimination occurred
Possible Outcomes
- Lack of probable cause — the complaint is dismissed
- Conciliation — the parties attempt to resolve the matter before it proceeds further
- Probable cause finding — the case proceeds toward a public hearing before an MCAD hearing officer, or the complainant may remove the case to Massachusetts Superior Court
Why a Landlord's Response Matters
The Position Statement is often the most important document in the case. A well-documented response — showing consistent, non-discriminatory reasons for the decision at issue — can resolve a complaint at the investigation stage before it escalates further. A vague or incomplete response can allow a weak complaint to move forward simply because the record doesn't support the landlord's side.
What Landlords Should Do When a Complaint Is Filed
- Do not ignore the notice or miss the response deadline
- Gather documentation related to the tenant, applicant, or decision at issue — applications, communications, screening criteria, and any business records showing the reason for the decision
- Avoid any further communication with the complainant about the allegations without guidance
- Get counsel involved early, ideally before the Position Statement is drafted
Contact
If you've received notice of an MCAD complaint, contact Sandonato Law before your response deadline.
Contact Sandonato Law Call (617) 481-2742