Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H2569 Compare Versions

Only one version of the bill is available at this time.

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2	2	HOUSE DOCKET, NO. 1917 FILED ON: 1/15/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 2569
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Christine P. Barber
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act expanding the availability of adaptable housing for people with disabilities and seniors.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Christine P. Barber34th Middlesex1/15/2025 1 of 7
16	16	HOUSE DOCKET, NO. 1917 FILED ON: 1/15/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 2569
18	18	By Representative Barber of Somerville, a petition (accompanied by bill, House, No. 2569) of
19	19	Christine P. Barber relative to the availability of adaptable housing for consumers with
20	20	disabilities, mobility impairments and seniors. Public Safety and Homeland Security.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE HOUSE, NO. 2291 OF 2023-2024.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Fourth General Court
26	26	(2025-2026)
27	27	_______________
28	28	An Act expanding the availability of adaptable housing for people with disabilities and seniors.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. The first paragraph of section 13A of chapter 22 of the General Laws, as
32	32	2amended by section 29 of chapter 39 of the acts of 2021, is hereby further amended by striking
33	33	3out the second and third sentences and inserting in place thereof the following 3 sentences:- Two
34	34	4of the appointive members shall be architects licensed to practice in the commonwealth. One of
35	35	5the appointive members shall be a licensed building inspector. Three of the appointive members
36	36	6shall be selected after consultation with advocacy groups on behalf of persons with disabilities.
37	37	7 SECTION 2. Said section 13A of said chapter 22, as so amended, is hereby further
38	38	8amended by striking out the fourth paragraph and inserting in place thereof the following 4
39	39	9paragraphs:- The board shall make and from time to time alter, amend and repeal, in accordance
40	40	10with the provisions of chapter 30A, rules and regulations designed to make multiple dwellings 2 of 7
41	41	11and public buildings and facilities, including, but not limited to, areas that are not generally in
42	42	12public use, accessible to, functional for and safe for use by persons with disabilities. The board
43	43	13shall also make rules and regulations requiring that any person who has lawful control of
44	44	14improved or enclosed private property used as off-street parking areas where the public has a
45	45	15right of access as invitees or licensees, shall reserve parking spaces in said off-street parking
46	46	16areas for vehicles authorized to display handicapped plates or placards under section 2 of chapter
47	47	1790; provided, that the parking requirements shall be consistent with the ADA Standards for
48	48	18Accessible Design. The parking spaces reserved for vehicles of such persons with a disability
49	49	19shall be clearly marked as such. The rules and regulations of the board shall establish standards
50	50	20and procedures designed to make adaptable for persons with physical disabilities for any
51	51	21building, regardless of the date of construction: (i) all dwelling units in multiple dwellings
52	52	22equipped with an elevator; (ii) all ground floor dwelling units in multiple dwellings not equipped
53	53	23with an elevator; and (iii) all public use and common use portions of such multiple dwellings;
54	54	24provided, however, that in any building constructed before March 13, 1991, such standards and
55	55	25procedures for dwelling units shall apply only to such units within: (i) any non-residential
56	56	26building undergoing a gut rehabilitation as part of a change in use into a multiple dwelling
57	57	27facility; or (ii) any residential building which is vacant undergoing a gut rehabilitation. The rules
58	58	28and regulations of the board shall establish standards and procedures designed to make
59	59	29accessible to, functional for and safe for use by persons with physical disabilities residential
60	60	30buildings whenever constructed and without the restrictions in the above paragraph. Unless
61	61	31otherwise specified, 5 per cent of the units in lodging or residential facilities for hire, rent or
62	62	32lease, containing 20 or more units, shall meet this requirement; provided, however, that
63	63	33accessible units shall allow 5 feet of turning radius for a wheelchair in the kitchens and 3 of 7
64	64	34bathrooms. In the event that the board determines that the need, in certain areas of the
65	65	35commonwealth, for such units either exceeds or does not require said 5 percent, the board may
66	66	36require that, in said areas a percentage of units less than 5 per cent or not greater than 10 per cent
67	67	37be accessible and safe for persons with disabilities; provided, however, that said accessible units
68	68	38shall allow 5 feet of turning radius for a wheelchair in the kitchens and bathrooms. The board
69	69	39may make such determination only if there is sufficient factual basis, using data from the central
70	70	40registry of the Massachusetts rehabilitation commission, established in section 74 of chapter 6,
71	71	41and other sources, to establish with a reasonable degree of certainty the present and future needs
72	72	42for said accessible units in certain areas of the commonwealth. A percentage of less than 5 per
73	73	43cent shall not be established unless such accessible units, which are not needed by persons with
74	74	44disabilities cannot be readily hired, rented or leased to other persons. The rules and regulations of
75	75	45the board shall include, but not be limited to, detailed architectural standards further defining
76	76	46adaptable and accessible dwelling units and such other provisions necessary to provide rights and
77	77	47remedies substantially equivalent to or greater than the rights and remedies provided by the
78	78	48federal Fair Housing Act, the ADA Standards for Accessible Design and regulations thereunder
79	79	49as pertaining to such multiple dwellings.
80	80	50 SECTION 3. Said section 13A of said chapter 22 is hereby further amended by inserting
81	81	51after the word “buildings”, in lines 67, as appearing in the 2020 Official Edition, the following
82	82	52words:- and facilities.
83	83	53 SECTION 4. Said section 13A of said chapter 22 is hereby further amended by inserting
84	84	54after the word “section”, in line 75, as so appearing, the following words:- and facilities. 4 of 7
85	85	55 SECTION 5. Said section 13A of said chapter is hereby further amended by striking out,
86	86	56in lines 80 and 81, as so appearing, the words “handicapped persons,” and inserting in place
87	87	57thereof the following words:- persons with a disability.
88	88	58 SECTION 6. Said section 13A of said chapter 22 is hereby further amended by striking
89	89	59out, in lines 88 and 89, as so appearing, the word “newspaper” and inserting in place thereof the
90	90	60following words:- forms of.
91	91	61 SECTION 7. Said section 13A of said chapter 22, is hereby further amended by inserting
92	92	62after the word “building”, in line 93, as so appearing, the following words:- or facility, including
93	93	63areas not generally in public use,.
94	94	64 SECTION 8. Said section 13A of said chapter 22 is hereby further amended by striking
95	95	65out the words “building be changed to a”, in line 94, as so appearing, and inserting in place
96	96	66thereof the following words:- building or facility be changed to a residential use or a.
97	97	67 SECTION 9. Said section 13A of said chapter 22 is hereby further amended by inserting
98	98	68after the word “building”, in lines 95 and 96, as so appearing, in each instance, the following
99	99	69words:- or facility.
100	100	70 SECTION 10. Said section 13A of said chapter 22, as so appearing, is hereby further
101	101	71amended by striking out, in lines 102 and 103, as so appearing, the words “physically
102	102	72handicapped persons” and inserting in place thereof the following words:- persons with a
103	103	73disability.
104	104	74 SECTION 11. Said section 13A of said chapter 22, as amended by section 29 of chapter
105	105	7539 of the acts of 2021, is hereby further amended by striking out the eighth paragraph. 5 of 7
106	106	76 SECTION 12. Said section 13A of said chapter 22 is hereby further amended by striking
107	107	77out, in lines 131 and 132, as appearing in the 2020 Official Edition, the word “person” and
108	108	78inserting in place thereof the following words:- building or facility, or portion thereof,.
109	109	79 SECTION 13. Said section 13A of said chapter 22 is hereby further amended by inserting
110	110	80after the word “building”, in line 150, as so appearing, the second time it appears, the following
111	111	81words:- or facility.
112	112	82 SECTION 14. Said section 13A of said chapter 22 is hereby further amended by inserting
113	113	83after the word “building”, in line 166, as so appearing, the following word:- , facility.
114	114	84 SECTION 15. Said section 13A of said chapter 22 is hereby further amended by striking
115	115	85out, in lines 177, 179 and 187, as so appearing, the words “physically handicapped persons” and
116	116	86inserting in place thereof, in each instance, the following words:- persons with a disability.
117	117	87 SECTION 16. The fourteenth paragraph of said section 13A of said chapter 22, as so
118	118	88appearing, is hereby further amended by inserting after the definition of “Alteration”, the
119	119	89following definition:- “Areas that are not generally in public use”, areas not intended for use by
120	120	90the public, as designated in the 1991 and 2010 ADA Standards for Accessible Design, and
121	121	91employee work areas.
122	122	92 SECTION 17. The fourteenth paragraph of said section 13A of said chapter 22, as so
123	123	93appearing, is hereby further amended by inserting after the definition of “Construction” the
124	124	94following 3 definitions:- “Employee work area”, all or any portion of a space used only by
125	125	95employees and used only for work, including, but not limited to, corridors, toilet rooms,
126	126	96kitchenettes and break rooms if said areas constitute the path of travel to or are essential to the
127	127	97use of employees for work; provided, that all employee work areas shall be made accessible in 6 of 7
128	128	98new construction or where renovation work being performed is otherwise subject to the
129	129	99jurisdiction of the board. Corridors, toilet rooms, kitchenettes and break rooms shall not
130	130	100otherwise be considered employee work areas; provided however, that where corridors, toilet
131	131	101rooms, kitchenettes and break rooms constitute the path of travel to or are essential to the use of
132	132	102employees for work, they shall be, when possible, adaptable. “Facility”, all or any portion of a
133	133	103building, structure, site improvement, complex, equipment, road, walk, passageway, parking lot
134	134	104or other real or personal property, including the site where the building, property, structure or
135	135	105equipment is located. “Gut rehabilitation”, the general replacement of the interior of a building
136	136	106that may or may not include changes to structural elements such as flooring systems, columns or
137	137	107load bearing interior or exterior walls.
138	138	108 SECTION 18. Said section 13A of said chapter 22 is hereby further amended by striking
139	139	109out, in line 200, as so appearing, the words “Physically handicapped person” and inserting in
140	140	110place thereof the following words:- Person with a disability.
141	141	111 SECTION 19. Said section 13A of said chapter 22 is hereby further amended by striking
142	142	112out, in line 204, as so appearing, the words “Physically handicapped persons” and inserting in
143	143	113place thereof the following words:- A person with a disability.
144	144	114 SECTION 20. Said section 13A of said chapter 22, as so appearing, is hereby further
145	145	115amended by striking out the definition of “Public building”, in lines 209 through 226, inclusive,
146	146	116and inserting in place thereof the following definition:- “Public building”, (i) a building
147	147	117constructed by the commonwealth or any political subdivision thereof with public funds and
148	148	118open to public use, including, but not limited to, a building constructed by a public housing
149	149	119authority, the Massachusetts Port Authority, the Massachusetts Parking Authority, the 7 of 7
150	150	120Massachusetts Department of Transportation, the Massachusetts Bay Transportation Authority or
151	151	121a building authority of any public educational institution, or their successors; or (ii) a privately
152	152	122financed building that is open to and used by the public, including, but not limited to, places of
153	153	123public accommodation listed in section 92A of chapter 272, and 42 U.S.C. section 12181(7).