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2 | 2 | | SENATE DOCKET, NO. 1318 FILED ON: 1/19/2023 |
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3 | 3 | | SENATE . . . . . . . . . . . . . . No. 876 |
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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 | | Anne M. Gobi |
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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 to maintain stable housing for families with pets in an economic crisis and beyond. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :Anne M. GobiWorcester and HampshireJack Patrick Lewis7th Middlesex1/30/2023Angelo J. Puppolo, Jr.12th Hampden2/7/2023James K. Hawkins2nd Bristol2/14/2023Thomas M. Stanley9th Middlesex2/14/2023Patrick M. O'ConnorFirst Plymouth and Norfolk2/15/2023 1 of 3 |
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16 | 16 | | SENATE DOCKET, NO. 1318 FILED ON: 1/19/2023 |
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17 | 17 | | SENATE . . . . . . . . . . . . . . No. 876 |
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18 | 18 | | By Ms. Gobi, a petition (accompanied by bill, Senate, No. 876) of Anne M. Gobi, Jack Patrick |
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19 | 19 | | Lewis, Angelo J. Puppolo, Jr., James K. Hawkins and other members of the General Court for |
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20 | 20 | | legislation to maintain stable housing for families with pets in an economic crisis and beyond. |
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21 | 21 | | Housing. |
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22 | 22 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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23 | 23 | | SEE SENATE, NO. 885 OF 2021-2022.] |
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24 | 24 | | The Commonwealth of Massachusetts |
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25 | 25 | | _______________ |
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26 | 26 | | In the One Hundred and Ninety-Third General Court |
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27 | 27 | | (2023-2024) |
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28 | 28 | | _______________ |
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29 | 29 | | An Act to maintain stable housing for families with pets in an economic crisis and beyond. |
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30 | 30 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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31 | 31 | | of the same, as follows: |
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32 | 32 | | 1 SECTION 1. Notwithstanding chapter 186 or 239 of the General Laws, as so appearing in |
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33 | 33 | | 2the 2022 Official Edition, or any general or special law, rule, regulation or order to the contrary, |
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34 | 34 | | 3no landlord shall initiate action to evict any person from a residential dwelling unit who has a pet |
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35 | 35 | | 4without written permission based solely on the presence of the pet until one year after a state of |
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36 | 36 | | 5emergency, unless the presence of pets is causing harm to the safety of other residents. |
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37 | 37 | | 6 SECTION 2. No hotel, as defined in section 14 of chapter 140 shall unreasonably refuse |
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38 | 38 | | 7to allow pets, unless the pet has caused a demonstrated noise or safety threat, during a state of |
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39 | 39 | | 8emergency. 2 of 3 |
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40 | 40 | | 9 SECTION 3. Section 12 of Chapter 183A of the General Laws, as so appearing in the |
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41 | 41 | | 102022 official edition, is hereby amended by inserting after the words “master deed”, in |
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42 | 42 | | 11subsection (d), the following words:- However, no provision in the declaration, bylaws or rules |
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43 | 43 | | 12and regulations of the organization of unit owners shall prohibit the keeping of certain types of |
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44 | 44 | | 13dogs based on breed, size, weight or appearance. |
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45 | 45 | | 14 SECTION 4. Section 3 of Chapter 23B of the General Laws, as so appearing in the 2022 |
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46 | 46 | | 15Official Edition, is hereby amended by inserting after the second use of the word “elderly” under |
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47 | 47 | | 16part “(u)” the following words:- , provided that no regulation, rule or policy shall prohibit the |
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48 | 48 | | 17keeping of dogs based on the dog’s breed, size, weight or appearance. |
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49 | 49 | | 18 SECTION 5. Section 3 of Chapter 23B is hereby further amended by inserting the |
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50 | 50 | | 19following new subsection:- |
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51 | 51 | | 20 (w) establish, conduct and maintain a program of pet ownership by residents of state- |
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52 | 52 | | 21aided public housing, provided that no regulation, rule or policy shall prohibit the keeping of |
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53 | 53 | | 22dogs based on the dog’s breed, size, weight or appearance. |
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54 | 54 | | 23 SECTION 6. Chapter 175 of the General Laws is hereby amended by adding the |
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55 | 55 | | 24following section: |
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56 | 56 | | 25 Section 231. An insurance company offering homeowners insurance coverage or renters |
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57 | 57 | | 26insurance coverage that issues a policy or contract insuring against liability for injury to a person |
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58 | 58 | | 27or injury to or destruction of property arising out of the ownership or lease of residential property |
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59 | 59 | | 28shall not refuse to issue, renew, cancel, or charge or impose an increased premium or rate of such |
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60 | 60 | | 29a policy or contract based in whole or in part upon the harboring of a specific breed of the dog |
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61 | 61 | | 30upon the property. 3 of 3 |
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62 | 62 | | 31 An insurance company may not ask or inquire about the breed or mixture of breeds of a |
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63 | 63 | | 32dog that is harbored or owner on an applicable property except to ask if the dog is known to be |
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64 | 64 | | 33dangerous or has been designated a dangerous dog pursuant to law. |
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65 | 65 | | 34 Nothing in this section shall prohibit an insurer from refusing to issue or renew or from |
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66 | 66 | | 35canceling a contract or policy or from imposing an increased premium or rate for a policy or |
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67 | 67 | | 36contract if any dog being harbored on the property has been designated as a dangerous dog |
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68 | 68 | | 37pursuant to law. |
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69 | 69 | | 38 SECTION 7. Section 32 of Chapter 121B of the General Laws, as so appearing in the |
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70 | 70 | | 392022 Official Edition, is hereby amended by inserting the following new paragraph after |
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71 | 71 | | 40subsection (i):- In determining whether an applicant is eligible for tenancy in a property or if a |
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72 | 72 | | 41current tenant can remain in a property, no property owned, managed or operated by an authority |
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73 | 73 | | 42may make such a determination based on the breed, size, weight or appearance of a dog owned |
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74 | 74 | | 43or cared for by the applicant or household member. |
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