1 of 1 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) _______________ 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.