Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H1994 Compare Versions

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22 HOUSE DOCKET, NO. 4021 FILED ON: 1/17/2025
33 HOUSE . . . . . . . . . . . . . . . No. 1994
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Priscila S. Sousa and Manny Cruz
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act protecting tenants from retaliation and coercion.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :DATE ADDED:Priscila S. Sousa6th Middlesex1/17/2025Manny Cruz7th Essex1/17/2025Carlos González10th Hampden2/24/2025 1 of 3
1616 HOUSE DOCKET, NO. 4021 FILED ON: 1/17/2025
1717 HOUSE . . . . . . . . . . . . . . . No. 1994
1818 By Representatives Sousa of Framingham and Cruz of Salem, a petition (accompanied by bill,
1919 House, No. 1994) of Priscila S. Sousa, Manny Cruz and Carlos González relative to protecting
2020 tenants from retaliation and coercion by threat of disclosing immigration status. The Judiciary.
2121 The Commonwealth of Massachusetts
2222 _______________
2323 In the One Hundred and Ninety-Fourth General Court
2424 (2025-2026)
2525 _______________
2626 An Act protecting tenants from retaliation and coercion.
2727 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
2828 of the same, as follows:
2929 1 SECTION 1. Section 4 of chapter 151B of the General Laws, as appearing in the 2022
3030 2Official Edition, is hereby amended by inserting after subsection 4A the following:-
3131 3 4B: Except as otherwise provided in this section, a landlord shall not:
3232 4 (1)Unless required by law or court order, threaten to disclose or actually disclose
3333 5information regarding or relating to the immigration or citizenship status of a tenant to any
3434 6person, entity, or any immigration or citizenship status of a tenant to any person, entity, or any
3535 7immigration or law enforcement agency with the intent of harassing or intimidating the tenant,
3636 8retaliation against the tenant for exercising his or her rights, or influencing the tenant to surrender
3737 9possession; or
3838 10 (2)Unless required by law or court order, bring an action to recover possession of a
3939 11dwelling unit based solely or in part on the immigration or citizenship status of a tenant. 2 of 3
4040 12 This section does not prohibit:
4141 13 (3)A landlord from complying with any legal obligation under federal, state or local
4242 14law, including, but not limited to, any legal obligation under any government program that
4343 15provides for rent limitations or rental assistance to a qualified tenant or a subpoena, warrant, or
4444 16other court order.
4545 17 (4)A landlord from requesting information or documentation necessary to determine
4646 18or verify the financial qualifications of a prospective tenant.
4747 19 (5)A landlord from delivering to the tenant an oral or written notice regarding
4848 20conduct by the tenant that violates, may violate, or has violated an applicable rental agreement,
4949 21including the lease or any, rule, regulation, or law.
5050 22 This section does not enlarge or diminish a landlord’s right to terminate a tenancy
5151 23pursuant to existing state or local law, nor does this act enlarge or diminish the ability of a unit of
5252 24local government to regulate or enforce a prohibition against a landlord’s harassment of a tenant.
5353 25 Nothing in this section prevents a landlord from seeking to collect rent due under this
5454 26lease agreement.
5555 27 If a landlord engages in prohibited conduct described in subsections (1) and (2) of section
5656 284B against a tenant, the tenant may bring a civil action to seek any one or more of the following
5757 29remedies:
5858 30 (6)actual damages, as reasonably determined by the court, for injury or loss suffered;
5959 31 (7)a civil penalty in the amount not to exceed $2,000 for each violation, payable to
6060 32the tenant; 3 of 3
6161 33 (8)reasonable attorney’s fees and court costs; and
6262 34 (9)other equitable relief as the court may deem appropriate and just.
6363 35 The immigration or citizenship status of any person is irrelevant to any issue of liability
6464 36or remedy in a civil action involving a tenant’s housing rights. In proceedings or discovery
6565 37undertaken in a civil action involving a tenant’s housing rights. In proceedings or discovery
6666 38undertaken in a civil action involving a tenant’s housing rights, no inquiry shall be permitted into
6767 39the tenant’s immigration or citizenship status, except if:
6868 40 (10)the claims or defenses raised by the tenant place the person’s immigration or
6969 41citizenship status directly in contention; or
7070 42 (11)the person seeking to make the inquiry demonstrates by clear and convincing
7171 43evidence that the inquiry is necessary in order to comply with the federal law.