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HOUSE DOCKET, NO. 4746 FILED ON: 12/20/2023
HOUSE . . . . . . . . . . . . . . . No. 4234
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Marjorie C. Decker
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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 the fair housing ordinance of the city of Cambridge.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Marjorie C. Decker25th Middlesex12/20/2023 1 of 4
HOUSE DOCKET, NO. 4746 FILED ON: 12/20/2023
HOUSE . . . . . . . . . . . . . . . No. 4234
By Representative Decker of Cambridge, a petition (accompanied by bill, House, No. 4234) of
Marjorie C. Decker (with the approval of the city council) for legislation to further regulate the
fair housing ordinance of the city of Cambridge. Municipalities and Regional Government.
[Local Approval Received.]
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 the fair housing ordinance of the city of Cambridge.
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 14.04.030 of section 1 of chapter 413 of the acts of 1991, as
2amended by chapter 118 of the acts of 2019, is hereby further amended by inserting after the
3word “orientation”, each time it appears, the following words:- , relationship status, family
4structure.
5 SECTION 2. Said section 14.04.030 of said section 1 of said chapter 413, as so amended,
6is hereby further amended by striking out paragraphs 11 to 20, inclusive, and inserting in place
7thereof the following paragraphs:-
8 11. The term “family structure” shall mean a single person, or two persons, or a lawful
9consensual non-monogamous or lawful consensual multi-partner family structure which may
10include one or more parents, stepparents or legal guardians of a minor child or children and/or 2 of 4
11two or more consenting adults in a multi-partner and/or multi-parent family structure, including
12stepparents, multi-generational and/or other non-nuclear families.
13 12. The term “gender identity” shall mean a person's gender-related identity, appearance
14or behavior, whether or not that gender-related identity, appearance or behavior is different from
15that traditionally associated with the person's physiology or assigned sex at birth.
16 13. The term “housing set aside for, or limited to, the elderly” shall mean housing
17 a. provided under any state or federal program specifically designed and operated to
18assist elderly persons; or
19 b. intended for, and solely occupied by, persons 62 years of age or older; or
20 c. intended and operated for occupancy by at least one person fifty-five years of age or
21older per unit. Housing qualifies as housing for the elderly under this section if and only if
22 i. it has significant facilities and services designed to meet the physical or social needs of
23elderly persons, or if provision of such facilities and services is not practicable, or that such
24housing is necessary to provide important housing opportunities for elderly persons; and
25 ii. at least eighty percent of the units are occupied by at least one person fifty-five years
26of age or older; and
27 iii. there is publication and notice of, and adherence to, policies and procedures which
28demonstrate an intent by the owner or manager to provide housing for persons fifty-five years of
29age or older. 3 of 4
30 14. The term “marital status” shall mean the actual or supposed state of being or having
31been single, married, separated, or divorced.
32 15. The term “military status” shall mean the actual or supposed condition of being, not
33being, having been or not having been in the service of the military.
34 16. The term “person” includes one or more individuals, partnerships, associations,
35corporations, labor organizations, legal representatives, mutual companies, joint-stock
36companies, unincorporated organizations, fiduciaries, trustees, trustees in bankruptcy, receivers,
37the City of Cambridge, and all political subdivisions, boards, and commissions thereof.
38 17. The term “real estate transaction” shall mean the making or purchasing of loans or
39providing other financial assistance for purchasing, constructing, improving, repairing or
40maintaining a dwelling or secured by residential real estate; or the selling, brokering or
41appraising of residential real property.
42 18. The term “reasonable attorney's fees and costs” shall include the reasonable expenses
43of expert witnesses, treasonable cost of any study, analysis, engineering report, test, or project
44which is found by the court to be necessary for the preparation of the party's case, and reasonable
45attorney fees. The amount of fees and costs awarded shall be based upon prevailing market rates
46for the kind and quality of services furnished.
47 19. The term “relationship status” shall mean the actual or perceived involvement or lack
48thereof of an individual in a lawful, intimate personal relationship or relationships including but
49not limited to interpersonal relationships between two or more consenting adults that involve
50romantic physical or emotional intimacy. 4 of 4
51 20. The term “religious creed” shall mean the actual or supposed faith, belief, or moral
52philosophy of an individual or the lack thereof.
53 21. The term “sexual orientation” shall mean the actual or supposed heterosexuality,
54homosexuality, or bisexuality of an individual.
55 22. The term “source of income” shall mean public assistance recipiency. "Source of
56income" shall not include income derived from criminal activity.
57 SECTION 3. Section 14.04.040 of said section 1 of said chapter 413, as so amended, is
58hereby further amended by inserting after the word “orientation”, each time it appears, the
59following words:- , relationship status, family structure.
60 SECTION 4. This act shall take effect upon passage.