Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1695 Latest Draft

Bill / Introduced Version Filed 02/16/2023

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HOUSE DOCKET, NO. 1449       FILED ON: 1/18/2023
HOUSE . . . . . . . . . . . . . . . No. 1695
The Commonwealth of Massachusetts
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PRESENTED BY:
James M. Murphy
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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 relative to landlords accountability with regard to drug houses.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:James M. Murphy4th Norfolk1/13/2023 1 of 2
HOUSE DOCKET, NO. 1449       FILED ON: 1/18/2023
HOUSE . . . . . . . . . . . . . . . No. 1695
By Representative Murphy of Weymouth, a petition (accompanied by bill, House, No. 1695) of 
James M. Murphy for legislation to establish penalties for landlords knowingly providing 
premises to be used for illegal drug purposes. The Judiciary.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act relative to landlords accountability with regard to drug houses.
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: Chapter 139 of the General Laws, as appearing in the 2014 Official 
2Edition,Chapter 20 is hereby amended by adding in the first line before the word "whomever" 
3the following:
4 Section 20 (a) An owner of a residential dwelling unit shall not knowingly and 
5intentionally rent, lease, profit from, or make available for use, with or without compensation, 
6the dwelling unit which is used for the unlawfully manufacturing, storing, distributing, or using a 
7controlled substance as set forth in section 31 of chapter 94C; provided, however that no housing 
8authority shall be an owner under this section.
9 SECTION 2: Chapter 139 of the General Laws, as appearing in the 2014 Official Edition 
10is hereby further amended by adding at the end of Chapter 20 the following:
11 (b) Any landlord who violates subsection (a), and who knew or reasonably should have 
12known that said dwelling unit is being used for unlawfully manufacturing, storing, distribution,  2 of 2
13or using a controlled substance shall be subject to a civil penalty of not more than the greater of: 
14$1,000 for the first offense; $5,000 for the second offense; and $10,000 for each offense after; 
15and possible forfeiture of said dwelling. If a civil penalty is calculated under this subsection and 
16there is more than 1 defendant, the court may apportion the penalty between multiple violators, 
17but each violator shall be jointly and severally liable for the civil penalty under this subsection.
18 (c) Penalties paid under this section shall be collected during time of sentencing and 
19disbursed to the arresting agency to be used for drug awareness education or substance abuse 
20counseling or advocacy for youths, parents and other 	interested adults.