Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H274 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 847 FILED ON: 1/13/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 274
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Frank A. Moran
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 establishing a bill of rights for individuals experiencing homelessness.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Frank A. Moran17th Essex1/13/2025 1 of 6
16	16	HOUSE DOCKET, NO. 847 FILED ON: 1/13/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 274
18	18	By Representative Moran of Lawrence, a petition (accompanied by bill, House, No. 274) of
19	19	Frank A. Moran for legislation to establish a bill of rights for individuals experiencing
20	20	homelessness. Children, Families and Persons with Disabilities.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Fourth General Court
24	24	(2025-2026)
25	25	_______________
26	26	An Act establishing a bill of rights for individuals experiencing homelessness.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Section 17A of chapter 85 of the General Laws is hereby repealed.
30	30	2 SECTION 2. Chapter 214 of the General Laws is hereby amended by inserting after
31	31	3section 1C the following section:-
32	32	4 Section 1D. (a) A person experiencing homelessness shall have the right to be free from
33	33	5discrimination on the basis of housing status.
34	34	6 (b) As used in this chapter, the following words shall, unless the context clearly requires
35	35	7otherwise, have the following meanings:
36	36	8 “Housing status” means a person’s current ability to access a fixed, regular nighttime
37	37	9residence as defined in section 16W of chapter 6A of the general laws. 2 of 6
38	38	10 “Park'” shall include a city or town common dedicated to the use of the public, or
39	39	11appropriated to such use without interruption for a period of 20 years as defined in section 1 of
40	40	12chapter 45 of the general laws.
41	41	13 “Persons experiencing homelessness” means persons who lack, or are perceived to lack, a
42	42	14fixed, regular nighttime residence as defined in section 16W of chapter 6A of the general laws.
43	43	15Persons experiencing homelessness includes, but are not limited to, persons who: (1) share the
44	44	16housing of other persons due to loss of housing, economic hardship or a similar reason; (2) live
45	45	17in motels, hotels, trailer parks or campgrounds due to the lack of fixed, regular, and adequate
46	46	18nighttime residence; (3) live in emergency or transitional shelters; (4) are abandoned in hospitals;
47	47	19(5) are awaiting foster care placement; (6) have a primary nighttime residence that is a public or
48	48	20private place not designed for or ordinarily used as a regular sleeping accommodation for human
49	49	21beings; (7) live in cars, parks, public spaces, abandoned buildings, bus or train stations or similar
50	50	22settings; (8) are transient and otherwise experiencing homelessness as described in this
51	51	23subsection; or (9) are in situations as described in section 11302(a) of title 42 of the United
52	52	24States Code.
53	53	25 “Public space” means any real property that is owned, in whole or in part, by the
54	54	26Commonwealth or any municipality, or upon which there is an easement for public use, and is
55	55	27held open to the public. Public space includes but is not limited to plazas, courtyards, parking
56	56	28lots, sidewalks, public transportation facilities and services, public buildings, and parks. Public
57	57	29space does not include a private business establishment.
58	58	30 “Recreational vehicle” has the meaning given that term in section 20 of chapter 90B of
59	59	31the general laws. 3 of 6
60	60	32 “Rest” means the state of sleeping or not moving or the state of holding certain postures
61	61	33that include but are not limited to sitting, standing, leaning, kneeling, squatting, or lying on the
62	62	34ground or other surfaces.
63	63	35 “Town” shall not include city as defined in section 1 of chapter 45 of the general laws.
64	64	36 (c) Persons experiencing homelessness shall have the right to:
65	65	37 (i) use public spaces in the same manner as any other person without discrimination
66	66	38based on their housing status;
67	67	39 (ii) equal treatment by all state and municipal agencies, without discrimination on the
68	68	40basis of housing status;
69	69	41 (iii) a reasonable expectation of privacy in personal property in public spaces;
70	70	42 (iv) interact with public officials, employees, and officers without harassment on the
71	71	43basis of their housing status;
72	72	44 (v) rest in public spaces and seek protection from adverse weather or an imminent public
73	73	45health emergency in a manner that does not obstruct human or vehicle traffic and is without
74	74	46discrimination based on their housing status;
75	75	47 (vi) access routine and emergency medical care free from discrimination on the basis of
76	76	48housing status, including without limitation access to medical care, testing, and vaccination for
77	77	49the 2019 novel coronavirus, known as COVID-19;
78	78	50 (vii) eat, share, accept, or give food in any public space in which having food is not
79	79	51prohibited; 4 of 6
80	80	52 (viii) vote, register to vote, and receive documentation necessary to prove identity for
81	81	53voting without discrimination on the basis of housing status;
82	82	54 (ix) pray, meditate, worship, or practice religion in public spaces without discrimination
83	83	55based on housing status in a manner that does not obstruct human or vehicle traffic;
84	84	56 (x) protection from the disclosure of records provided to homeless shelters and service
85	85	57providers to state, municipal, and private entities, absent valid written authorization to do so; and
86	86	58 (xi) occupy a motor vehicle or a recreational vehicle, provided that the vehicle is legally
87	87	59parked on public property or on private property with the express permission of the private
88	88	60property owner.
89	89	61 (d) The provisions of this section pertaining to public spaces shall not apply if the public
90	90	62space is closed to the general public or requires a fee for entry. When practicable, public
91	91	63officials, employees, or officers shall clearly designate and provide an appropriate alternative
92	92	64place for persons experiencing homelessness to rest without time limitations in the near vicinity.
93	93	65 (e) It shall be an affirmative defense to a civil claim or criminal charge related to use of
94	94	66public spaces that a person experiencing homelessness was exercising any right set forth in this
95	95	67section.
96	96	68 (f) The superior court shall have jurisdiction in equity to enforce any right set forth in this
97	97	69section and award damages in connection with any violation thereof.
98	98	70 SECTION 3. Section 1 of chapter 51 of the General Laws, as appearing in the 2018
99	99	71Official Edition, is hereby amended by inserting after the last sentence the following sentence:- 5 of 6
100	100	72 Lack of a fixed, permanent residence for a person experiencing homelessness shall not
101	101	73prohibit voter registration.
102	102	74 SECTION 4. Section 1 of chapter 151B of the General Laws, as appearing in the 2018
103	103	75Official Edition, is hereby amended by adding the following subsection:-
104	104	76 24. The term “housing status” shall be defined as a person’s current ability to access a
105	105	77fixed, regular, or adequate nighttime residence.
106	106	78 SECTION 5. Section 3 of chapter 151B of the General Laws, as appearing in the 2018
107	107	79Official Edition, is hereby amended by inserting after the word “information” in line 20 the
108	108	80following words:- housing status.
109	109	81 SECTION 6. Said section 3 of chapter 151B, as so appearing, is hereby further amended
110	110	82by inserting after the word “persons”, in line 56, the following words:- persons who have
111	111	83experienced homelessness.
112	112	84 SECTION 7. Said section 3 of chapter 151B, as so appearing, is hereby further amended
113	113	85by inserting after the word “information”, in line 66, the following words:- housing status
114	114	86 SECTION 8. Said section 3 of chapter 151B, as so appearing, is hereby amended by
115	115	87inserting after the word “origin”, in line 87, the following words:- housing status.
116	116	88 SECTION 9. Section 4 of said chapter 151B, as so appearing, is hereby amended by
117	117	89inserting after the word “information”, in lines 5, 189, 204, 211, 223, 232, 266, 293, 311, 361,
118	118	90369, 379, 479, 490, 495, 502, 824, and 833 in each instance, the following words:- housing status
119	119	91 SECTION 10. Said section 4 of chapter 151B, as so appearing, is hereby further amended
120	120	92by inserting after the word “age” in line 300 the following words:- housing status. 6 of 6
121	121	93 SECTION 11. Said section 4 of chapter 151B, as so appearing, is hereby further amended
122	122	94by inserting after the word “origin”, in lines 634 and 644, and in each instance, the following
123	123	95words:- housing status.
124	124	96 SECTION 12. Said section 4 of chapter 151B, as so appearing, is hereby further amended
125	125	97by adding the following subsection:-
126	126	98 20. It shall be unlawful discrimination for any employer, employment agency, labor
127	127	99organization, or licensing agency to refuse to hire or employ, represent, grant membership to, or
128	128	100license a person on the basis of that person's housing status or having a mailing address being
129	129	101that of a shelter or social service provider, or to terminate or refuse to renew a person's
130	130	102employment, representation, membership, or license on the basis of that person’s housing status.
131	131	103 SECTION 13. Sections 63 through 69, inclusive, of chapter 272 of the General Laws are
132	132	104hereby repealed.
133	133	105 SECTION 14. Section 92A of chapter 272 of the General Laws is hereby amended by
134	134	106inserting after the word “nationality”, in line 9, the following words:- housing status.
135	135	107 SECTION 15. Section 98 of said chapter 272, as so appearing, is hereby amended by
136	136	108inserting after the word “origin”, in line 3, the following words:- housing status.
137	137	109 SECTION 16. Section 122 of chapter 5 of the Acts of 1995 is hereby repealed.