1 of 1 HOUSE DOCKET, NO. 4021 FILED ON: 1/17/2025 HOUSE . . . . . . . . . . . . . . . No. 1994 The Commonwealth of Massachusetts _________________ PRESENTED BY: Priscila S. Sousa and Manny Cruz _________________ 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 protecting tenants from retaliation and coercion. _______________ PETITION OF: NAME:DISTRICT/ADDRESS :DATE ADDED:Priscila S. Sousa6th Middlesex1/17/2025Manny Cruz7th Essex1/17/2025Carlos González10th Hampden2/24/2025 1 of 3 HOUSE DOCKET, NO. 4021 FILED ON: 1/17/2025 HOUSE . . . . . . . . . . . . . . . No. 1994 By Representatives Sousa of Framingham and Cruz of Salem, a petition (accompanied by bill, House, No. 1994) of Priscila S. Sousa, Manny Cruz and Carlos González relative to protecting tenants from retaliation and coercion by threat of disclosing immigration status. The Judiciary. The Commonwealth of Massachusetts _______________ In the One Hundred and Ninety-Fourth General Court (2025-2026) _______________ An Act protecting tenants from retaliation and coercion. 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. Section 4 of chapter 151B of the General Laws, as appearing in the 2022 2Official Edition, is hereby amended by inserting after subsection 4A the following:- 3 4B: Except as otherwise provided in this section, a landlord shall not: 4 (1)Unless required by law or court order, threaten to disclose or actually disclose 5information regarding or relating to the immigration or citizenship status of a tenant to any 6person, entity, or any immigration or citizenship status of a tenant to any person, entity, or any 7immigration or law enforcement agency with the intent of harassing or intimidating the tenant, 8retaliation against the tenant for exercising his or her rights, or influencing the tenant to surrender 9possession; or 10 (2)Unless required by law or court order, bring an action to recover possession of a 11dwelling unit based solely or in part on the immigration or citizenship status of a tenant. 2 of 3 12 This section does not prohibit: 13 (3)A landlord from complying with any legal obligation under federal, state or local 14law, including, but not limited to, any legal obligation under any government program that 15provides for rent limitations or rental assistance to a qualified tenant or a subpoena, warrant, or 16other court order. 17 (4)A landlord from requesting information or documentation necessary to determine 18or verify the financial qualifications of a prospective tenant. 19 (5)A landlord from delivering to the tenant an oral or written notice regarding 20conduct by the tenant that violates, may violate, or has violated an applicable rental agreement, 21including the lease or any, rule, regulation, or law. 22 This section does not enlarge or diminish a landlord’s right to terminate a tenancy 23pursuant to existing state or local law, nor does this act enlarge or diminish the ability of a unit of 24local government to regulate or enforce a prohibition against a landlord’s harassment of a tenant. 25 Nothing in this section prevents a landlord from seeking to collect rent due under this 26lease agreement. 27 If a landlord engages in prohibited conduct described in subsections (1) and (2) of section 284B against a tenant, the tenant may bring a civil action to seek any one or more of the following 29remedies: 30 (6)actual damages, as reasonably determined by the court, for injury or loss suffered; 31 (7)a civil penalty in the amount not to exceed $2,000 for each violation, payable to 32the tenant; 3 of 3 33 (8)reasonable attorney’s fees and court costs; and 34 (9)other equitable relief as the court may deem appropriate and just. 35 The immigration or citizenship status of any person is irrelevant to any issue of liability 36or remedy in a civil action involving a tenant’s housing rights. In proceedings or discovery 37undertaken in a civil action involving a tenant’s housing rights. In proceedings or discovery 38undertaken in a civil action involving a tenant’s housing rights, no inquiry shall be permitted into 39the tenant’s immigration or citizenship status, except if: 40 (10)the claims or defenses raised by the tenant place the person’s immigration or 41citizenship status directly in contention; or 42 (11)the person seeking to make the inquiry demonstrates by clear and convincing 43evidence that the inquiry is necessary in order to comply with the federal law.