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| 2 | 2 | | SENATE DOCKET, NO. 928 FILED ON: 1/18/2023 |
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| 3 | 3 | | SENATE . . . . . . . . . . . . . . No. 1021 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | Jason M. Lewis |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act relative to rental protections for elderly, disabled and low-to-middle income tenants. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :Jason M. LewisFifth MiddlesexSteven Ultrino33rd Middlesex2/3/2023 1 of 2 |
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| 16 | 16 | | SENATE DOCKET, NO. 928 FILED ON: 1/18/2023 |
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| 17 | 17 | | SENATE . . . . . . . . . . . . . . No. 1021 |
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| 18 | 18 | | By Mr. Lewis, a petition (accompanied by bill, Senate, No. 1021) of Jason M. Lewis and Steven |
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| 19 | 19 | | Ultrino for legislation relative to the termination of rental agreements or tenancy by certain |
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| 20 | 20 | | tenants. The Judiciary. |
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| 21 | 21 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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| 22 | 22 | | SEE [Refile Branch], NO. OF 2021-2022.] |
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| 23 | 23 | | The Commonwealth of Massachusetts |
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| 24 | 24 | | _______________ |
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| 25 | 25 | | In the One Hundred and Ninety-Third General Court |
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| 26 | 26 | | (2023-2024) |
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| 27 | 27 | | _______________ |
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| 28 | 28 | | An Act relative to rental protections for elderly, disabled and low-to-middle income tenants. |
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| 29 | 29 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 30 | 30 | | of the same, as follows: |
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| 31 | 31 | | 1 Chapter 186 of the General Laws, as appearing in the 2020 Official Edition, is hereby |
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| 32 | 32 | | 2amended by adding the following section:- |
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| 33 | 33 | | 3 Section 31. (a) As used in this section, the word “tenant” shall mean a person who has |
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| 34 | 34 | | 4entered into an oral or written lease or rental agreement for residential property located in the |
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| 35 | 35 | | 5commonwealth who is: (i) 65 years of age or older, (ii) a person with a disability as defined in 42 |
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| 36 | 36 | | 6U.S.C. § 12102 or (iii) a person with income at or below 80 percent of the area median income as |
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| 37 | 37 | | 7determined by the United States Department of Housing and Urban Development. |
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| 38 | 38 | | 8 (b) A tenant may terminate a rental agreement or tenancy upon written notification to the |
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| 39 | 39 | | 9property owner that the tenant applied for and is accepted for admission to housing for the 2 of 2 |
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| 40 | 40 | | 10elderly, persons with disabilities or persons of low to moderate income, including, but not |
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| 41 | 41 | | 11limited to: (1) a nursing home licensed pursuant to section 71 of chapter 111; (2) an assisted |
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| 42 | 42 | | 12living residence certified pursuant to section 3 of chapter 19D; (3) elderly housing, as defined in |
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| 43 | 43 | | 13section 1 of said chapter 19D; (4) a public housing development, as defined in section 32B of |
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| 44 | 44 | | 14chapter 121B; (5) publicly-assisted housing, as defined in section 1 of chapter 40T; (6) age |
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| 45 | 45 | | 15restricted housing for persons 55 years of age and over; and (7) low or moderate income housing, |
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| 46 | 46 | | 16as defined in section 20 of chapter 40B; provided, that the notification is made not less than 30 |
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| 47 | 47 | | 17days prior to the date of termination of the rental agreement or tenancy. A tenant who provides |
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| 48 | 48 | | 18written notification to the property owner not less than 30 days prior to the date of termination of |
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| 49 | 49 | | 19the rental agreement or tenancy shall not be subject to any penalty for such termination or |
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| 50 | 50 | | 20liability for the remaining term of the rental agreement or tenancy. |
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| 51 | 51 | | 21 (c) A property owner shall not refuse to enter into a rental agreement, nor shall a housing |
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| 52 | 52 | | 22subsidy provider deny assistance, based on an applicant having terminated a rental agreement |
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| 53 | 53 | | 23pursuant to subsection (b). |
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| 54 | 54 | | 24 (d) A waiver of subsection (b) in any lease or other rental agreement, except as otherwise |
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| 55 | 55 | | 25provided by law shall be void and unenforceable. |
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| 56 | 56 | | 26 (e) The superior court, housing court, district court and Boston municipal court shall have |
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| 57 | 57 | | 27jurisdiction in equity to restrain violations of subsections (b) through (d), inclusive. |
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| 58 | 58 | | 28 (f) The department of housing and community development shall promulgate rules and |
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| 59 | 59 | | 29regulations to implement and carry out this section, including defining additional types of |
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| 60 | 60 | | 30housing for the elderly, persons with disabilities or persons of low to moderate income for which |
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| 61 | 61 | | 31a tenancy may be terminated pursuant to subsection (b). |
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