Sy v. Massachusetts Commission Against Discrimination

The Massachusetts Commission Against Discrimination (MCAD) appeals from the allowance of Fatou B. Sy’s motion for judgment on the pleadings by a judge of the Superior Court that reversed the MCAD’s findings and ruling that Sy had discriminated against Vanessa Ferguson in connection with her application for rental housing. The judge concluded that (1) Ferguson could not bring a discrimination claim based on Sy’s rental of the second-floor apartment to another, and (2) that the first-floor apartment was not “available” because Sy had indicated only that it would become available at some…