Section 4 of chapter 151B of the General Laws, as appearing in the 2014 Official Edition, shall be amended by adding after paragraph 19(a) the following paragraph:-
20. For a local or state administrative, legislative or regulatory body or instrumentality to engage in discriminatory land use practices. As used in this subsection, "discriminatory land use practices" shall mean to enact or enforce any land use regulation, policy or ordinance, or to make a permitting or funding decision with respect to housing or proposed housing, or to take other actions the purpose or effect of which would limit or exclude (a) housing accommodations for families or individuals with incomes at or below 80% of the area median income, as defined by the U.S. Department of Housing and Urban Development; (b) housing accommodations with sufficient bedrooms for families with children; or (c) families or individuals based on race, color, religious creed, national origin, sex, gender identity, sexual orientation, which shall not include persons whose sexual orientation involves minor children as the sex object, age, genetic information, ancestry, marital status, veteran status or membership in the armed forces, blindness, hearing impairment, or because such person possesses a trained dog guide as a consequence of blindness or hearing impairment or other handicap of such person or persons, disability condition, or familial status.
It shall not be a violation of this chapter if a local government entity whose action or inaction has an unintended discriminatory effect proves that the action or inaction was motivated and justified by a substantial, legitimate, non-discriminatory bona fide governmental interest, and the complaining party cannot prove that those interests can be served by another practice that has a less discriminatory effect.
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