Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S876 Latest Draft

Bill / Introduced Version Filed 02/16/2023

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