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HOUSE DOCKET, NO. 847 FILED ON: 1/13/2025
HOUSE . . . . . . . . . . . . . . . No. 274
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Frank A. Moran
_________________
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 establishing a bill of rights for individuals experiencing homelessness.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Frank A. Moran17th Essex1/13/2025 1 of 6
HOUSE DOCKET, NO. 847 FILED ON: 1/13/2025
HOUSE . . . . . . . . . . . . . . . No. 274
By Representative Moran of Lawrence, a petition (accompanied by bill, House, No. 274) of
Frank A. Moran for legislation to establish a bill of rights for individuals experiencing
homelessness. Children, Families and Persons with Disabilities.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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An Act establishing a bill of rights for individuals experiencing homelessness.
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 Section 17A of chapter 85 of the General Laws is hereby repealed.
2 SECTION 2. Chapter 214 of the General Laws is hereby amended by inserting after
3section 1C the following section:-
4 Section 1D. (a) A person experiencing homelessness shall have the right to be free from
5discrimination on the basis of housing status.
6 (b) As used in this chapter, the following words shall, unless the context clearly requires
7otherwise, have the following meanings:
8 “Housing status” means a person’s current ability to access a fixed, regular nighttime
9residence as defined in section 16W of chapter 6A of the general laws. 2 of 6
10 “Park'” shall include a city or town common dedicated to the use of the public, or
11appropriated to such use without interruption for a period of 20 years as defined in section 1 of
12chapter 45 of the general laws.
13 “Persons experiencing homelessness” means persons who lack, or are perceived to lack, a
14fixed, regular nighttime residence as defined in section 16W of chapter 6A of the general laws.
15Persons experiencing homelessness includes, but are not limited to, persons who: (1) share the
16housing of other persons due to loss of housing, economic hardship or a similar reason; (2) live
17in motels, hotels, trailer parks or campgrounds due to the lack of fixed, regular, and adequate
18nighttime residence; (3) live in emergency or transitional shelters; (4) are abandoned in hospitals;
19(5) are awaiting foster care placement; (6) have a primary nighttime residence that is a public or
20private place not designed for or ordinarily used as a regular sleeping accommodation for human
21beings; (7) live in cars, parks, public spaces, abandoned buildings, bus or train stations or similar
22settings; (8) are transient and otherwise experiencing homelessness as described in this
23subsection; or (9) are in situations as described in section 11302(a) of title 42 of the United
24States Code.
25 “Public space” means any real property that is owned, in whole or in part, by the
26Commonwealth or any municipality, or upon which there is an easement for public use, and is
27held open to the public. Public space includes but is not limited to plazas, courtyards, parking
28lots, sidewalks, public transportation facilities and services, public buildings, and parks. Public
29space does not include a private business establishment.
30 “Recreational vehicle” has the meaning given that term in section 20 of chapter 90B of
31the general laws. 3 of 6
32 “Rest” means the state of sleeping or not moving or the state of holding certain postures
33that include but are not limited to sitting, standing, leaning, kneeling, squatting, or lying on the
34ground or other surfaces.
35 “Town” shall not include city as defined in section 1 of chapter 45 of the general laws.
36 (c) Persons experiencing homelessness shall have the right to:
37 (i) use public spaces in the same manner as any other person without discrimination
38based on their housing status;
39 (ii) equal treatment by all state and municipal agencies, without discrimination on the
40basis of housing status;
41 (iii) a reasonable expectation of privacy in personal property in public spaces;
42 (iv) interact with public officials, employees, and officers without harassment on the
43basis of their housing status;
44 (v) rest in public spaces and seek protection from adverse weather or an imminent public
45health emergency in a manner that does not obstruct human or vehicle traffic and is without
46discrimination based on their housing status;
47 (vi) access routine and emergency medical care free from discrimination on the basis of
48housing status, including without limitation access to medical care, testing, and vaccination for
49the 2019 novel coronavirus, known as COVID-19;
50 (vii) eat, share, accept, or give food in any public space in which having food is not
51prohibited; 4 of 6
52 (viii) vote, register to vote, and receive documentation necessary to prove identity for
53voting without discrimination on the basis of housing status;
54 (ix) pray, meditate, worship, or practice religion in public spaces without discrimination
55based on housing status in a manner that does not obstruct human or vehicle traffic;
56 (x) protection from the disclosure of records provided to homeless shelters and service
57providers to state, municipal, and private entities, absent valid written authorization to do so; and
58 (xi) occupy a motor vehicle or a recreational vehicle, provided that the vehicle is legally
59parked on public property or on private property with the express permission of the private
60property owner.
61 (d) The provisions of this section pertaining to public spaces shall not apply if the public
62space is closed to the general public or requires a fee for entry. When practicable, public
63officials, employees, or officers shall clearly designate and provide an appropriate alternative
64place for persons experiencing homelessness to rest without time limitations in the near vicinity.
65 (e) It shall be an affirmative defense to a civil claim or criminal charge related to use of
66public spaces that a person experiencing homelessness was exercising any right set forth in this
67section.
68 (f) The superior court shall have jurisdiction in equity to enforce any right set forth in this
69section and award damages in connection with any violation thereof.
70 SECTION 3. Section 1 of chapter 51 of the General Laws, as appearing in the 2018
71Official Edition, is hereby amended by inserting after the last sentence the following sentence:- 5 of 6
72 Lack of a fixed, permanent residence for a person experiencing homelessness shall not
73prohibit voter registration.
74 SECTION 4. Section 1 of chapter 151B of the General Laws, as appearing in the 2018
75Official Edition, is hereby amended by adding the following subsection:-
76 24. The term “housing status” shall be defined as a person’s current ability to access a
77fixed, regular, or adequate nighttime residence.
78 SECTION 5. Section 3 of chapter 151B of the General Laws, as appearing in the 2018
79Official Edition, is hereby amended by inserting after the word “information” in line 20 the
80following words:- housing status.
81 SECTION 6. Said section 3 of chapter 151B, as so appearing, is hereby further amended
82by inserting after the word “persons”, in line 56, the following words:- persons who have
83experienced homelessness.
84 SECTION 7. Said section 3 of chapter 151B, as so appearing, is hereby further amended
85by inserting after the word “information”, in line 66, the following words:- housing status
86 SECTION 8. Said section 3 of chapter 151B, as so appearing, is hereby amended by
87inserting after the word “origin”, in line 87, the following words:- housing status.
88 SECTION 9. Section 4 of said chapter 151B, as so appearing, is hereby amended by
89inserting after the word “information”, in lines 5, 189, 204, 211, 223, 232, 266, 293, 311, 361,
90369, 379, 479, 490, 495, 502, 824, and 833 in each instance, the following words:- housing status
91 SECTION 10. Said section 4 of chapter 151B, as so appearing, is hereby further amended
92by inserting after the word “age” in line 300 the following words:- housing status. 6 of 6
93 SECTION 11. Said section 4 of chapter 151B, as so appearing, is hereby further amended
94by inserting after the word “origin”, in lines 634 and 644, and in each instance, the following
95words:- housing status.
96 SECTION 12. Said section 4 of chapter 151B, as so appearing, is hereby further amended
97by adding the following subsection:-
98 20. It shall be unlawful discrimination for any employer, employment agency, labor
99organization, or licensing agency to refuse to hire or employ, represent, grant membership to, or
100license a person on the basis of that person's housing status or having a mailing address being
101that of a shelter or social service provider, or to terminate or refuse to renew a person's
102employment, representation, membership, or license on the basis of that person’s housing status.
103 SECTION 13. Sections 63 through 69, inclusive, of chapter 272 of the General Laws are
104hereby repealed.
105 SECTION 14. Section 92A of chapter 272 of the General Laws is hereby amended by
106inserting after the word “nationality”, in line 9, the following words:- housing status.
107 SECTION 15. Section 98 of said chapter 272, as so appearing, is hereby amended by
108inserting after the word “origin”, in line 3, the following words:- housing status.
109 SECTION 16. Section 122 of chapter 5 of the Acts of 1995 is hereby repealed.