Theresa Hatton
Fair housing is not an abstract concept for Realtors. It is a professional obligation and public responsibility. Massachusetts law already prohibits discrimination in housing transactions based on protected characteristics, including race, religion, disability and age.
MAR members are bound by a code of ethics to treat all clients equitably and without discrimination. Alongside all Realtors across the nation, they complete newly required fair housing education. As an organization, MAR supports this duty to its members by providing comprehensive fair housing education and resources. However, MAR represents only about one-third of real estate licensees, and despite these efforts, housing discrimination remains a significant concern.
Fair housing touches every transaction and there is currently no rule mandating its inclusion in licensing or continuing education.
MAR has supported legislation, which recently passed in the state Senate, that would strengthen fair housing education and enforcement. If adopted, it would increase pre-licensing fair housing education requirements from zero to four hours and biannual continuing education requirements from zero to two hours. The bill ensures that the commonwealth’s existing housing discrimination laws are enforced.
Importantly, this approach does not assume the entire industry is the problem. Rather, it recognizes that most practitioners follow the rules and ethical standards, while targeted enforcement deters the small number who do not. Education and transparency protect consumers while also strengthening the credibility of real estate professionals.
During the 2025-2026 Massachusetts legislative session, the Massachusetts Association of Realtors also focused on two other areas where the Legislature can make tangible progress for the housing industry: helping families facing crumbling concrete foundations and modernizing zoning and housing production rules.
Crumbling Foundations: a Consumer Protection Crisis
While the housing crisis is often framed as a shortage, thousands of Massachusetts homeowners face a different nightmare: the potential loss of the homes they already own.
In at least 43 communities, foundations built with concrete containing the mineral pyrrhotite are prematurely cracking and structurally failing. Replacement costs commonly range from $150,000 to $250,000, or more, and these repairs are typically not covered by homeowners’ insurance.
This is not a traditional market issue. It is a consumer protection emergency, and one capable of wiping out generational wealth overnight.
MAR has advocated for a comprehensive state response modeled on successful programs elsewhere. Massachusetts policymakers are now evaluating broad solutions that could address the crisis, including insurance surcharges, low-interest loan programs, tax relief and disclosure improvements.
For Realtors, the stakes are clear. Should a foundation give out, a home could collapse. Not only would this have devastating consequences for homeowners, but it would also harm the broader community by introducing blight to our neighborhoods. Addressing this issue protects consumers and stabilizes neighborhoods.
Zoning Reform and Housing Production
Massachusetts needs roughly 222,000 new housing units over the next decade to meet demand. Yet, regulatory barriers, from zoning restrictions to building codes, often make modest, middle-scale projects financially infeasible.
Recent proposals illustrate how even technical rules affect affordability. For example, Gov. Maura Healey has directed her administration to study whether mid-rise residential buildings must always include two staircases. The two-stair requirement consumes valuable floor space and can limit the number of units a building can contain, discouraging smaller infill projects on constrained lots. If safely modified, more homes could be built.
Other proposals before the Legislature supported by MAR would ensure uniform Title V and wetland protections across the state and establish consistent site plan review processes at the local level.
This is the essence of zoning reform: not eliminating standards but modernizing them. Housing shortages drive high prices. When regulations prevent construction, costs rise for both renters and buyers.
MAR’s activity on Beacon Hill this legislative session is united by one idea: Housing policy works best when it focuses on people.
By supporting stronger Fair Housing enforcement, helping families impacted by crumbling foundations and modernizing zoning and building regulations, Massachusetts can make real progress. The goal is straightforward: a housing market where residents are treated fairly, homeowners are protected and more people can find a home they can afford.
Theresa Hatton is CEO of the Massachusetts Association of Realtors.
