Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H4081 Compare Versions

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

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 2365 FILED ON: 1/16/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 4081
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	David Henry Argosky LeBoeuf and Patricia A. Duffy
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 relative to problem properties, enhancing fire safety and addressing resident
13	13	displacement.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :DATE ADDED:David Henry Argosky LeBoeuf17th Worcester1/16/2025Patricia A. Duffy5th Hampden2/11/2025 1 of 8
17	17	HOUSE DOCKET, NO. 2365 FILED ON: 1/16/2025
18	18	HOUSE . . . . . . . . . . . . . . . No. 4081
19	19	By Representatives LeBoeuf of Worcester and Duffy of Holyoke, a petition (accompanied by
20	20	bill, House, No. 4081) of David Henry Argosky LeBoeuf and Patricia A. Duffy relative to
21	21	taxation and fire safety of problem properties, so-called. Revenue.
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Fourth General Court
25	25	(2025-2026)
26	26	_______________
27	27	An Act relative to problem properties, enhancing fire safety and addressing resident
28	28	displacement.
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. Chapter 22D of the General Laws is hereby amended by adding the
32	32	2following 2 sections:-
33	33	3 Section 7. (a) There shall be established and set up on the books of the commonwealth a
34	34	4Tenant Fire Safety Trust Fund to be expended, without further appropriation, by the state fire
35	35	5marshal for the purposes of establishing and administering a program to assist landlords and
36	36	6lessors with providing fire safety education and fire prevention measures in multi-unit residential
37	37	7properties. There shall be credited to the fund: (i) any funds deposited in the fund pursuant to
38	38	8section 9 of chapter 143, paragraphs (2) and (3) of subsection (b) of section 101 of said chapter
39	39	9143 or section 14 of chapter 186; (ii) revenue from appropriations or other monies authorized by
40	40	10the general court and specifically designated to be credited to the fund; (iii) monies from public
41	41	11and private sources including gifts, grants and donations; and (iv) any income derived from
42	42	12investment of amounts credited to the fund. Any balance in the fund at end of the fiscal year 2 of 8
43	43	13shall not revert to the General Fund, but shall remain available for expenditure in subsequent
44	44	14fiscal years. No expenditure made from the fund shall cause the fund to become deficient at any
45	45	15point during a fiscal year.
46	46	16 (b) Annually, not later than October 1, the state fire marshal shall file a report with the
47	47	17clerks of the house of representatives and the senate and the house and senate committees on
48	48	18ways and means that shall include expenditures made and income received by the fund.
49	49	19 Section 8. The department of fire services shall develop a fire victims bill of rights, which
50	50	20shall include requirements that landlords provide to renters displaced by a fire in their residential
51	51	21dwelling unit a list of available resources and the name of the landlord’s insurance company.
52	52	22 SECTION 2. Paragraph (2) of subsection (a) of section 2 of chapter 62 of the General
53	53	23Laws, as appearing in the 2022 Official Edition, is hereby amended by adding the following 2
54	54	24subparagraphs:-
55	55	25 (S) Any amount paid by a residential landlord, lessor, property manager or tenant for the
56	56	26maintenance of a renters insurance policy.
57	57	27 (T) Any amount paid by a landlord, lessor or property manager for the installation or
58	58	28improvement of a sprinkler system, smoke detector, carbon monoxide detector or other fire
59	59	29safety and prevention device or system in their residential leasing property; provided, that such
60	60	30rental leasing property is located in the commonwealth; provided further, that the fire safety and
61	61	31prevention device or system is in compliance with the state sanitary code.
62	62	32 SECTION 3. Chapter 63 of the General Laws is hereby amended by inserting after
63	63	33section 38S the following section:- 3 of 8
64	64	34 Section 38S½. (a) In determining the net income subject to tax under this chapter, a
65	65	35business corporation engaged in the leasing of residential property in the commonwealth may,
66	66	36for the purposes of the depreciation deduction allowed under section 168 of the Federal Internal
67	67	37Revenue Code, classify any sprinkler system, smoke detector, carbon monoxide detector or other
68	68	38fire safety and prevention device or system in use in its residential leasing property and in
69	69	39compliance with the state sanitary code as 5–year property as defined under 168(e)(3) of the
70	70	40Federal Internal Revenue Code.
71	71	41 (b) Such depreciation deduction for the fire safety and prevention device or system shall
72	72	42be allowed only upon the condition that the net income for the taxable year and all succeeding
73	73	43taxable years be
74	74	44 computed without any depreciation deduction upon the property other than the deduction
75	75	45allowed by this section.
76	76	46 SECTION 4. Section 9 of chapter 143 of the General Laws, as so appearing, is hereby
77	77	47amended by striking out, in lines 20 and 21, the words “one hundred dollars” and inserting in
78	78	48place thereof the following words:- $200, 50 per cent of which shall be deposited in the Tenant
79	79	49Fire Safety Trust Fund established pursuant to section 7 of chapter 22D.
80	80	50 SECTION 5. Said chapter 143 is hereby amended by adding the following section:-
81	81	51 Section 102. (a)(1) In any municipality that accepts this section in the manner provided in
82	82	52section 4 of chapter 4, an apartment or dwelling unit in any structure containing 3 or more
83	83	53dwelling units shall not be occupied for human habitation, after a vacancy, until a certificate of
84	84	54occupancy has been issued by the building inspector, certifying that such apartment or dwelling
85	85	55unit: (i) conforms to the requirements of the applicable housing ordinances of the municipality; 4 of 8
86	86	56(ii) conforms to the requirements of the state building code, as codified in 780 CMR, and (iii) has
87	87	57undergone the necessary fire safety inspections pursuant to chapter 148; provided, however, that
88	88	58this section shall not apply to any structure occupied by the owner thereof and containing 3 or
89	89	59fewer dwelling units; provided, further, that this section shall not prohibit human occupancy of
90	90	60such apartment or dwelling unit during the pendency of an application for a certificate of
91	91	61occupancy.
92	92	62 (2) The state fire marshal, head of the fire department, as defined in section 1 of said
93	93	63chapter 148, or any person to whom the marshal or head of the fire department may delegate the
94	94	64authority to perform fire safety inspections pursuant to section 4 of said chapter 148 shall notify
95	95	65the building inspector of the completion of necessary fire inspections pursuant to this subsection.
96	96	66 (b)(1) Any owner or lessor who recovers rent for the occupation of any apartment or
97	97	67dwelling unit for which a certificate of occupancy has not been obtained or for which necessary
98	98	68fire safety inspections have not been completed prior to the rental thereof in violation of
99	99	69subsection (a) shall be subject to a civil fine of not more than $20 per day per violation for such
100	100	70period of unlawful occupation.
101	101	71 (2) Any owner or lessor of a structure not occupied by the owner or lessor who refuses
102	102	72entry to any apartment or dwelling unit for the purposes of completing an inspection for the
103	103	73issuance of a certificate of occupancy or fire safety inspection shall receive a warning for the first
104	104	74offense and be subject to a civil fine of not more than $250 for the second offense and $500 for a
105	105	75third or subsequent offense; provided, however, that an owner or lessor may not be subject to an
106	106	76escalated penalty if the owner or lessor has shown good faith in complying with this section. All 5 of 8
107	107	77fines imposed pursuant to this paragraph and unpaid after 45 days shall become a lien upon the
108	108	78property, which shall have priority over all other liens.
109	109	79 (3) Any owner or lessor of a structure who refuses entry to any apartment or dwelling
110	110	80unit of a structure that is occupied by the owner or lessor for the purposes of completing an
111	111	81inspection for the issuance of a certificate of occupancy or fire safety inspection shall receive a
112	112	82warning for the first offense and be subject to a civil fine of not more than $100 for the second
113	113	83offense and $250 for a third or subsequent offense; provided, however, that an owner or lessor
114	114	84may not be subject to an escalated penalty if the owner or lessor has shown good faith in
115	115	85complying with this section. All fines imposed pursuant to this paragraph and unpaid after 45
116	116	86days shall become a lien upon the property, which shall have priority over all other liens.
117	117	87 (4) Fifty per cent of any fine collected pursuant to this subsection shall be deposited in a
118	118	88fund established by each municipality collecting such fine to be used for inspections for the
119	119	89issuance of a certificate of occupancy or fire safety inspection and the remaining 50 per cent of
120	120	90any fine collected shall be deposited in the Tenant Fire Safety Trust Fund established pursuant to
121	121	91section 7 of chapter 22D.
122	122	92 SECTION 6. Section 99 of chapter 175 of the General Laws, as appearing in the 2022
123	123	93Official Edition, is hereby amended by striking out clause Fifteenth A and inserting in place
124	124	94thereof the following clause:-
125	125	95 Fifteenth A, Every policy that insures multi-unit residential property against loss or
126	126	96damage by fire shall provide additional benefits, by endorsement attached to the policy, of $750,
127	127	97without deductible, for each rental unit in which any tenant or lawful occupant has been
128	128	98displaced by fire or by damage resulting from fire; provided, however, that every policy that 6 of 8
129	129	99insures a multi-unit residential property containing 6 or more units against loss or damage by fire
130	130	100shall provide additional benefits, by endorsement attached to the policy, of not less than $1,500,
131	131	101without deductible, for each rental unit to cover the actual costs of relocation of any tenant or
132	132	102lawful occupant displaced by fire or by damage resulting from fire.
133	133	103 The costs of relocation shall include, but not be limited to, hotel room rental, a security
134	134	104deposit and first month's rent for a new rental unit if the security deposit or last month's rent is
135	135	105not already due and owing from the landlord to the tenant, clothing replacement, furniture
136	136	106replacement and other reasonable costs and living expenses incurred as a result of being
137	137	107displaced or property being damaged by fire. Benefits under this clause shall be paid by the
138	138	108insurer to the tenant or lawful occupant after taking into account benefits available under any
139	139	109other policy. The terms and conditions of such clause shall be approved or prescribed by the
140	140	110commissioner. The landlord or lessor of the property shall notify each tenant or lawful occupant
141	141	111in writing of the benefits payable under this clause at the beginning of the lease or tenancy
142	142	112period. A waiver of this provision in any lease or other rental agreement shall be void and
143	143	113unenforceable.
144	144	114 SECTION 7. Section 14 of chapter 186 of the General Laws, as so appearing, is hereby
145	145	115amended by inserting, in line 21, after the word “months” the following words:- ; provided, that
146	146	116any such lessor or landlord that fails to furnish heat shall be punished by a fine of not more than
147	147	117$600, 50 per cent of which shall be deposited in the Tenant Fire Safety Trust Fund established
148	148	118pursuant to section 7 of chapter 22D.
149	149	119 SECTION 8. Said section 14 of said chapter 186, as so appearing, is hereby further
150	150	120amended by adding the following paragraph:- 7 of 8
151	151	121 Any lessor or landlord of any building or part thereof occupied for dwelling purposes,
152	152	122other than a room or rooms in a hotel, but including a manufactured home or land therefor fails
153	153	123to furnish pest control services, who directly or indirectly interferes with the furnishing by
154	154	124another of pest control services or who transfers the responsibility for payment for pest control
155	155	125services to the occupant without their knowledge or consent shall be punished by a fine of not
156	156	126less than $50 nor more than $600, 50 per cent of which shall be deposited in the Tenant Fire
157	157	127Safety Trust Fund established pursuant to section 7 of chapter 22D.
158	158	128 SECTION 9. Said chapter 186 is hereby further amended by inserting after section 21 the
159	159	129following section:-
160	160	130 Section 21A. (a) The landlord or lessor of any residential property shall maintain an
161	161	131insurance policy against loss or damage by fire, which shall include coverage for alternative
162	162	132housing as a result of displacement from fire or damage from fire, pursuant to subsection (c). No
163	163	133landlord or lessor shall require a tenant to sign a waiver of liability as a condition for utilizing
164	164	134insurance policy benefits. Whoever violates the provisions of this section shall be punished by a
165	165	135fine of not more than $500. A waiver of this section in any lease or other rental agreement shall
166	166	136be void and unenforceable.
167	167	137 (b) The landlord, lessor or property manager of a residential property shall have annual
168	168	138fire prevention training.
169	169	139 (c) In the case of the displacement of a tenant or lawful occupant of a multi-unit
170	170	140residential property as a result of a fire or damage from fire, the landlord shall arrange for
171	171	141immediate alternative housing for the tenant or lawful occupant until such time as the tenant or 8 of 8
172	172	142lawful occupant can return to their dwelling unit, the expiration of the lease or 2 months,
173	173	143whichever occurs sooner.