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