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