Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H4234 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 4746 FILED ON: 12/20/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 4234
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Marjorie C. Decker
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 relative to the fair housing ordinance of the city of Cambridge.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Marjorie C. Decker25th Middlesex12/20/2023 1 of 4
16	16	HOUSE DOCKET, NO. 4746 FILED ON: 12/20/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 4234
18	18	By Representative Decker of Cambridge, a petition (accompanied by bill, House, No. 4234) of
19	19	Marjorie C. Decker (with the approval of the city council) for legislation to further regulate the
20	20	fair housing ordinance of the city of Cambridge. Municipalities and Regional Government.
21	21	[Local Approval Received.]
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Third General Court
25	25	(2023-2024)
26	26	_______________
27	27	An Act relative to the fair housing ordinance of the city of Cambridge.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. Section 14.04.030 of section 1 of chapter 413 of the acts of 1991, as
31	31	2amended by chapter 118 of the acts of 2019, is hereby further amended by inserting after the
32	32	3word “orientation”, each time it appears, the following words:- , relationship status, family
33	33	4structure.
34	34	5 SECTION 2. Said section 14.04.030 of said section 1 of said chapter 413, as so amended,
35	35	6is hereby further amended by striking out paragraphs 11 to 20, inclusive, and inserting in place
36	36	7thereof the following paragraphs:-
37	37	8 11. The term “family structure” shall mean a single person, or two persons, or a lawful
38	38	9consensual non-monogamous or lawful consensual multi-partner family structure which may
39	39	10include one or more parents, stepparents or legal guardians of a minor child or children and/or 2 of 4
40	40	11two or more consenting adults in a multi-partner and/or multi-parent family structure, including
41	41	12stepparents, multi-generational and/or other non-nuclear families.
42	42	13 12. The term “gender identity” shall mean a person's gender-related identity, appearance
43	43	14or behavior, whether or not that gender-related identity, appearance or behavior is different from
44	44	15that traditionally associated with the person's physiology or assigned sex at birth.
45	45	16 13. The term “housing set aside for, or limited to, the elderly” shall mean housing
46	46	17 a. provided under any state or federal program specifically designed and operated to
47	47	18assist elderly persons; or
48	48	19 b. intended for, and solely occupied by, persons 62 years of age or older; or
49	49	20 c. intended and operated for occupancy by at least one person fifty-five years of age or
50	50	21older per unit. Housing qualifies as housing for the elderly under this section if and only if
51	51	22 i. it has significant facilities and services designed to meet the physical or social needs of
52	52	23elderly persons, or if provision of such facilities and services is not practicable, or that such
53	53	24housing is necessary to provide important housing opportunities for elderly persons; and
54	54	25 ii. at least eighty percent of the units are occupied by at least one person fifty-five years
55	55	26of age or older; and
56	56	27 iii. there is publication and notice of, and adherence to, policies and procedures which
57	57	28demonstrate an intent by the owner or manager to provide housing for persons fifty-five years of
58	58	29age or older. 3 of 4
59	59	30 14. The term “marital status” shall mean the actual or supposed state of being or having
60	60	31been single, married, separated, or divorced.
61	61	32 15. The term “military status” shall mean the actual or supposed condition of being, not
62	62	33being, having been or not having been in the service of the military.
63	63	34 16. The term “person” includes one or more individuals, partnerships, associations,
64	64	35corporations, labor organizations, legal representatives, mutual companies, joint-stock
65	65	36companies, unincorporated organizations, fiduciaries, trustees, trustees in bankruptcy, receivers,
66	66	37the City of Cambridge, and all political subdivisions, boards, and commissions thereof.
67	67	38 17. The term “real estate transaction” shall mean the making or purchasing of loans or
68	68	39providing other financial assistance for purchasing, constructing, improving, repairing or
69	69	40maintaining a dwelling or secured by residential real estate; or the selling, brokering or
70	70	41appraising of residential real property.
71	71	42 18. The term “reasonable attorney's fees and costs” shall include the reasonable expenses
72	72	43of expert witnesses, treasonable cost of any study, analysis, engineering report, test, or project
73	73	44which is found by the court to be necessary for the preparation of the party's case, and reasonable
74	74	45attorney fees. The amount of fees and costs awarded shall be based upon prevailing market rates
75	75	46for the kind and quality of services furnished.
76	76	47 19. The term “relationship status” shall mean the actual or perceived involvement or lack
77	77	48thereof of an individual in a lawful, intimate personal relationship or relationships including but
78	78	49not limited to interpersonal relationships between two or more consenting adults that involve
79	79	50romantic physical or emotional intimacy. 4 of 4
80	80	51 20. The term “religious creed” shall mean the actual or supposed faith, belief, or moral
81	81	52philosophy of an individual or the lack thereof.
82	82	53 21. The term “sexual orientation” shall mean the actual or supposed heterosexuality,
83	83	54homosexuality, or bisexuality of an individual.
84	84	55 22. The term “source of income” shall mean public assistance recipiency. "Source of
85	85	56income" shall not include income derived from criminal activity.
86	86	57 SECTION 3. Section 14.04.040 of said section 1 of said chapter 413, as so amended, is
87	87	58hereby further amended by inserting after the word “orientation”, each time it appears, the
88	88	59following words:- , relationship status, family structure.
89	89	60 SECTION 4. This act shall take effect upon passage.