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