Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1655 Compare Versions

Only one version of the bill is available at this time.

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 3215 FILED ON: 1/20/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1655
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Jay D. Livingstone
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act increasing fair housing protections for victims of abusive behavior.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Jay D. Livingstone8th Suffolk1/20/2023David Henry Argosky LeBoeuf17th Worcester1/25/2023 1 of 7
16	16	HOUSE DOCKET, NO. 3215 FILED ON: 1/20/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 1655
18	18	By Representative Livingstone of Boston, a petition (accompanied by bill, House, No. 1655) of
19	19	Jay D. Livingstone and David Henry Argosky LeBoeuf relative to fair housing protections for
20	20	victims of abusive behavior. The Judiciary.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Third General Court
24	24	(2023-2024)
25	25	_______________
26	26	An Act increasing fair housing protections for victims of abusive behavior.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Section 1 of chapter 151B of the General Laws, as appearing in the 2016
30	30	2Official Edition, is hereby amended by inserting after paragraph 23 the following paragraph:-
31	31	3 24. The term “victim of abusive behavior” shall mean any person who is experiencing or
32	32	4has experienced abusive behavior.
33	33	5 25. The term “abusive behavior” in this section shall mean (i) any behavior constituting
34	34	6domestic violence; (ii) stalking in violation of section 43 of chapter 265; (iii) sexual assault,
35	35	7which shall include a violation of sections 13B, 13B½, 13B¾, 13F, 13H, 22, 22A, 22B, 22C, 23,
36	36	823A, 23B, 24, 24B, 26D, 50 or 51 of chapter 265 or sections 2, 3, or 35A of chapter 272; or (iv)
37	37	9kidnapping in violation of the third paragraph of section 26 of chapter 265.
38	38	10 26. The term “domestic violence” in this section shall mean abuse against a person by (i)
39	39	11the person’s current or former spouse; (ii) someone with whom the person shares a child in
40	40	12common; (iii) someone with whom the person is or was cohabitating; (iv) someone with whom 2 of 7
41	41	13the person is related by consanguinity, adoption, or marriage; (v) someone with whom the person
42	42	14has or had an intimate, sexual, or romantic relationship or to whom the person is or was engaged
43	43	15to be married; or (vi) someone with whom the person is in a guardianship relationship.
44	44	16 27. The term “abuse” in this section shall mean (i) attempting to cause or causing
45	45	17physical harm; (ii) placing another in fear of imminent serious physical harm; (iii) causing
46	46	18another to engage involuntarily in sexual relations by force, threat, or duress or engaging or
47	47	19threatening to engage in sexual activity with a dependent child; (iv) engaging in psychological,
48	48	20emotional, or mental abuse; (v) depriving another of health care, housing, food, or other
49	49	21necessities of life; (vi) engaging in harassment as defined in section 1 of chapter 258E; or (vii)
50	50	22restraining the liberty of another.
51	51	23 28. The term “psychological, emotional, or mental abuse” in this section shall mean a
52	52	24pattern of threatening, humiliating, or intimidating actions that is designed to induce or likely to
53	53	25induce fear or terror or to restrict another person’s ability to exercise free will or autonomy,
54	54	26including but not limited to unreasonably engaging in any of the following as part of such a
55	55	27pattern:
56	56	28 (i) Isolating another person from friends, family, or other sources of support;
57	57	29 (ii) Limiting another person’s access to or use of family or personal money or financial
58	58	30resources;
59	59	31 (iii) Controlling, regulating, or monitoring the another person’s activities, movements,
60	60	32communications, daily behavior, finances, economic resources, or access to services;
61	61	33 (iv) Belittling, degrading, or demeaning another person; 3 of 7
62	62	34 (v) Threatening to harm or kill another or another person’s family member;
63	63	35 (vi) Threatening to publish personal or false information about another person or to make
64	64	36false reports to law enforcement authorities about another person;
65	65	37 (vii) Damaging another person’s property or household goods; or
66	66	38 (viii) Forcing another person to take part in criminal activity or child abuse.
67	67	39 SECTION 2. Section 4 of said chapter 151B, as so appearing, is hereby amended by
68	68	40striking the first sentence of subsection 3B and inserting in place thereof the following sentence:-
69	69	41 For any person whose business includes granting mortgage loans or engaging in
70	70	42residential real estate-related transactions to discriminate against any person in the granting of
71	71	43any mortgage loan or in making available such a transaction, or in the terms or conditions of
72	72	44such a loan or transaction, because of race, color, religion, sex, gender identity, sexual
73	73	45orientation which shall not include persons whose sexual orientation involves minor children as
74	74	46the sex object, children, status as a victim of abusive behavior, national origin, genetic
75	75	47information, ancestry, age or handicap.
76	76	48 SECTION 3. Said section 4 of chapter 151B, as so appearing, is hereby further amended
77	77	49by striking the first sentence of subsection 6 and inserting in place thereof the following
78	78	50sentence:-
79	79	51 For the owner, lessee, sublessee, licensed real estate broker, assignee or managing agent
80	80	52of publicly assisted or multiple dwelling or contiguously located housing accommodations or
81	81	53other person having the right of ownership or possession or right to rent or lease, or sell or
82	82	54negotiate for the sale of such accommodations, or any agent or employee of such a person, or 4 of 7
83	83	55any organization of unit owners in a condominium or housing cooperative: (a) to refuse to rent or
84	84	56lease or sell or negotiate for sale or otherwise to deny to or withhold from any person or group of
85	85	57persons such accommodations because of the race, religious creed, color, national origin, sex,
86	86	58gender identity, sexual orientation, which shall not include persons whose sexual orientation
87	87	59involves minor children as the sex object, age, genetic information, ancestry, or marital status of
88	88	60such person or persons or because such person is a veteran or member of the armed forces, or
89	89	61because such person is blind, or hearing impaired or has any other handicap, or because such
90	90	62person is a victim of abusive behavior; (b) to discriminate against any person because of his race,
91	91	63religious creed, color, national origin, sex, gender identity, sexual orientation, which shall not
92	92	64include persons whose sexual orientation involves minor children as the sex object, age,
93	93	65ancestry, or marital status or because such person is a veteran or member of the armed forces, or
94	94	66because such person is blind, or hearing impaired or has any other handicap in the terms,
95	95	67conditions or privileges of such accommodations or the acquisitions thereof, or in the furnishings
96	96	68of facilities and services in connection therewith, or because such a person possesses a trained
97	97	69dog guide as a consequence of blindness, or hearing impairment, or because such person is a
98	98	70victim of abusive behavior; (c) to cause to be made any written or oral inquiry or record
99	99	71concerning the race, religious creed, color, national origin, sex, gender identity, sexual
100	100	72orientation, which shall not include persons whose sexual orientation involves minor children as
101	101	73the sex object, age, genetic information, ancestry or marital status of the person seeking to rent or
102	102	74lease or buy any such accommodation, or concerning the fact that such person is a veteran or a
103	103	75member of the armed forces or because such person is blind or hearing impaired or has any other
104	104	76handicap, or because such person is a victim of abusive behavior. 5 of 7
105	105	77 SECTION 4. Said section 4 of chapter 151B, as so appearing, is hereby further amended
106	106	78by striking the first sentence of subsection 7 and inserting in place thereof the following
107	107	79sentence:-
108	108	80 For the owner, lessee, sublessee, real estate broker, assignee or managing agent of other
109	109	81covered housing accommodations or of land intended for the erection of any housing
110	110	82accommodation included under subsections 10, 11, 12, or 13 of section one, or other person
111	111	83having the right of ownership or possession or right to rent or lease or sell, or negotiate for the
112	112	84sale or lease of such land or accommodations, or any agent or employee of such a person or any
113	113	85organization of unit owners in a condominium or housing cooperative: (a) to refuse to rent or
114	114	86lease or sell or negotiate for sale or lease or otherwise to deny or withhold from any person or
115	115	87group of persons such accommodations or land because of race, color, religious creed, national
116	116	88origin, sex, gender identity, sexual orientation, which shall not include persons whose sexual
117	117	89orientation involves minor children as the sex object, age, genetic information, ancestry, or
118	118	90marital status, veteran status or membership in the armed forces, blindness, hearing impairment,
119	119	91or because such person possesses a trained dog guide as a consequence of blindness or hearing
120	120	92impairment or other handicap of such person or persons, or because such person is a victim of
121	121	93abusive behavior; (b) to discriminate against any person because of his race, color, religious
122	122	94creed, national origin, sex, gender identity, sexual orientation, which shall not include persons
123	123	95whose sexual orientation involves minor children as the sex object, age, genetic information,
124	124	96ancestry, or marital status, veteran status or membership in the armed services, blindness, or
125	125	97hearing impairment or other handicap, or because such person possesses a trained dog guide as a
126	126	98consequence of blindness or hearing impairment, or because such person is a victim of abusive
127	127	99behavior in the terms, conditions or privileges of such accommodations or land or the acquisition 6 of 7
128	128	100thereof, or in the furnishing of facilities and services in the connection therewith; or (c) to cause
129	129	101to be made any written or oral inquiry or record concerning the race, color, religious creed,
130	130	102national origin, sex, gender identity, sexual orientation, which shall not include persons whose
131	131	103sexual orientation involves minor children as the sex object, age, genetic information, ancestry,
132	132	104marital status, veteran status or membership in the armed services, blindness, hearing impairment
133	133	105or other handicap or because such person possesses a trained dog guide as a consequence of
134	134	106blindness or hearing impairment, or status as a victim of abusive behavior of the person seeking
135	135	107to rent or lease or buy any such accommodation or land; provided, however, that this subsection
136	136	108shall not apply to the leasing of a single apartment or flat in a two family dwelling, the other
137	137	109occupancy unit of which is occupied by the owner as his residence.
138	138	110 SECTION 5. Said section 4 of chapter 151B, as so appearing, is hereby further amended
139	139	111by striking subsection 7B and inserting in place thereof the following subsection:-
140	140	112 7B. For any person to make print, or publish, or cause to be made, printed, or published
141	141	113any notice, statement or advertisement, with respect to the sale or rental of multiple dwelling,
142	142	114contiguously located, publicly assisted or other covered housing accommodations that indicates
143	143	115any preference, limitation, or discrimination based on race, color, religion, sex, gender identity,
144	144	116sexual orientation which shall not include persons whose sexual orientation involves minor
145	145	117children as the sex object, national origin, genetic information, ancestry, children, marital status,
146	146	118public assistance recipiency, handicap, or status as a victim of abusive behavior or an intention to
147	147	119make any such preference, limitation or discrimination except where otherwise legally permitted.
148	148	120 SECTION 6. Section 9 of said chapter 151B, as so appearing, is hereby amended by
149	149	121inserting after the last paragraph the following: 7 of 7
150	150	122 In an action before the commission or a court with competent jurisdiction, a party
151	151	123claiming to be aggrieved under section 4 for discrimination on the basis of his or her status as a
152	152	124victim of abusive behavior shall be presumed for the purposes of establishing a prima facie case
153	153	125to be a victim of abusive behavior by producing any one of the following documents: (1) A
154	154	126protective order, or an order of equitable relief or other documentation, issued by a court of
155	155	127competent jurisdiction as a result of such abusive behavior, including but not limited to an order
156	156	128issued pursuant to chapter 209A or chapter 258E; (2) A document under the letterhead of a court,
157	157	129public agency, or social service, health care, or other service provider that the victim of such
158	158	130abusive behavior attended for the purposes of acquiring assistance as it relates to the abusive
159	159	131behavior;
160	160	132 (3) A police report or statement of a victim or witness provided to police, including a
161	161	133police incident report, documenting such abusive behavior; (4) Documentation that the
162	162	134perpetrator of such abusive behavior has been convicted of, has been adjudicated a juvenile
163	163	135delinquent by reason of, or has admitted to sufficient facts to support a finding of guilt of any
164	164	136offense constituting such abusive behavior; (5) Documentation of health care treatment as a
165	165	137result of such abusive behavior; (6) A sworn statement, signed under the penalties of perjury,
166	166	138provided by a counselor, social worker, health care worker, member of the clergy, shelter
167	167	139worker, legal advocate, or other professional who has assisted the victim of such abusive
168	168	140behavior in addressing the effects of such abusive behavior; (7) A sworn statement, signed under
169	169	141the penalties of perjury, from the victim of such abusive behavior attesting to such abusive
170	170	142behavior; or (8) Any other form of documentation or relevant evidence that reasonably
171	171	143corroborates or certifies that the employee, prospective employee, or family member of the
172	172	144employee or prospective employee is a victim of abusive behavior.