Notes From the MAR Legal Hotline: May 2026

By: The Massachusetts Association of REALTORS® Legal Team
 

Q: Can a Condominium Association deny a prospective Buyer’s emotional support animal because the Rules and Regulations state, “No pets of any kind?”
A: No. Under the federal Fair Housing Act and Massachusetts law, emotional support animals (ESAs) are considered assistance animals, not pets. Condominium Associations must provide reasonable accommodations for a Buyer with a disability who requires such an animal, even when the Association has a “no pets” policy. Failure to comply may constitute housing discrimination. Unlike a service animal, an ESA is not required to have specialized training to perform specific tasks for its Owner.  An ESA is an animal that provides a mentally therapeutic benefit to its Owner.  

The Association can request a letter from a licensed healthcare provider confirming that the Buyer has a disability and requires the particular animal for his emotional health. The Association cannot, however, request the Buyer’s health records or demand disclosure of the particular type of disability. For a detailed review of ESAs in Massachusetts housing:   

https://www.mass.gov/info-details/assistance-animals-in-housing 


Q: I understand that the state has issued new versions of the Lead Paint Notification and Certification forms but there are a lot of outstanding questions regarding their use. Can I still use the old versions? A:  Yes. After extensive discussions with MAR, the Massachusetts Department of Public Health (DPH) has agreed to a concurrency period during which agents may use either the old lead paint forms or the revised versions. The concurrency period will remain in effect until the necessary engagement work for the roll out of the new forms is completed. Importantly, this period will allow MAR and the DPH to continue discussions to resolve a number of outstanding questions and issues with the revised forms. MAR will have both versions of the lead forms available in our forms library and will continue to update members as we have more information.  


Q:   Is it acceptable to use AI digitally enhanced images?
A:  When using AI to enhance images, the biggest concern is ensuring that the representation of the property remains accurate. We recommend disclosing all uses of AI or other software that enhance images, so consumers understand they are essentially viewing a virtual staging. By using enhanced images, you provide potential buyers with a sense of the space and its possibilities. This allows buyers to get a real view of the property while helping them envision what it could look like with furniture or other changes. Please refrain from removing permanent fixtures or modifying visible defects. While it may be tempting to digitally erase flaws such as water stains on the ceiling, doing so could lead to claims of misrepresentation. Lastly, be cautious about fair housing regulations. AI and other tools can easily generate content that may violate fair housing laws. Review all AI-generated content critically, looking for potential violations.