By: The Massachusetts Association of REALTORS® Legal Team
 

Q: Starting August 1^st, can two licensees from the same brokerage represent both the landlord and the tenant in a rental transaction?

A: Yes, according to the Board of Registration of Real Estate Brokers and Salespersons, two separate licensees affiliated with the same brokerage may represent different parties – one representing the landlord and the other the tenant – in the same rental transaction. The statute does not prohibit such an arrangement. The Board acknowledges that it is common for multiple brokers and salespersons to work within a single brokerage. Their guidance affirms that a licensee “may enter into a contract to represent a prospective tenant looking to rent a residential property and collect the negotiated fee when a lease is signed, even if a broker or affiliated salesperson from the same brokerage firm represents the landlord in that transaction.”

MAR Member Advisory. MAR FAQ. BOR Guidance

Q: My client wishes to move to a neighborhood that reflects their culture and nationality. Am I able to tailor their home search to reflect their wishes?  

A: No, real estate professionals should not offer guidance or recommendations based on the racial, ethnic, or cultural makeup of a neighborhood. Doing so may violate fair housing laws, and is considered steering, which is strictly prohibited. Effective June 5, 2025, Standard of Practice 10-1 under the REALTOR® Code of Ethics explicitly prohibits any activity that may result in panic selling or steering. “Steering” is the practice of influencing a buyer’s choice of communities based upon one of the protected characteristics under the Fair Housing Act. Clients and consumers are free to conduct their own research on neighborhoods and highlight those as priorities areas for their agents. However, licensees should refrain from discussing the makeup of a neighborhood. Avoid characteristics such as race, ethnicity, religion, national origin, or any perceived quality of a neighborhood as they are considered sensitive and be construed as discriminatory – even unintentionally.

Q: Can a landlord deny a tenant’s application due to the occupancy concerns? Is it legal for two people to live in a 380 sq. ft. apartment? 

A: Occupancy limits are governed by the State Sanitary Code along with any municipal rules regarding occupants. The number of people allowed depends on the apartment’s square footage. The state Sanitary Code requires at least 150 square feet of total space for one occupant, and for each additional tenant the unit needs another 100 square feet. Total living space includes all rooms except rooms with ceilings lower than five feet (no additional requirements for sleeping rooms). Based on these requirements, a 380 square ft apartment is sufficient for three occupants. A landlord may deny an application based on the State Sanitary Code, only if those standards are enforced uniformly across all applicants. They cannot enforce limits that are stricter than those outlined in the Code or in local ordinances. Implementing stricter limits could potentially violate fair housing laws, particularly those related to familial status discrimination. Arbitrary or overly restrictive occupancy limits may disproportionately impact families, which raises additional concerns with discrimination based on protected classes.

Services provided through the Massachusetts Association of REALTORS® is intended for informational purposes and does not constitute legal advice, nor does it establish an attorney-client relationship. The Massachusetts Association of REALTORS®, by providing this service, assumes no actual or implied responsibility for any improper use of responses to questions through this service.  The Massachusetts Association of REALTORS® will not be legally responsible for any potential misrepresentations or errors made by providing this service. For more information regarding these topics authorized callers should contact the MAR legal hotline at 800-370-5342 or e-mail at legal@marealtor.com.