Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S1012 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 523 FILED ON: 1/13/2025
3	3	SENATE . . . . . . . . . . . . . . No. 1012
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Mark C. Montigny
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 window guards in residential rental properties.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Mark C. MontignySecond Bristol and Plymouth 1 of 4
16	16	SENATE DOCKET, NO. 523 FILED ON: 1/13/2025
17	17	SENATE . . . . . . . . . . . . . . No. 1012
18	18	By Mr. Montigny, a petition (accompanied by bill, Senate, No. 1012) of Mark C. Montigny for
19	19	legislation relative to window guards in residential rental properties. Housing.
20	20	[SIMILAR MATTER FILED IN PREVIOUS SESSION
21	21	SEE SENATE, NO. 892 OF 2023-2024.]
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 window guards in residential rental properties.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. Chapter 143 of the General Laws, as appearing in the 2022 Official Edition,
31	31	2is hereby amended by inserting after section 3R the following section:-
32	32	3 SECTION 3R 1/2: WINDOW GUARDS IN RESIDENTIAL RENTAL PROPERTIES
33	33	4 (a) Definitions. As used in this section:
34	34	5 (1) The term “child” means any individual ten years of age or under.
35	35	6 (2) The term “Department” means the Department of Public Safety.
36	36	7 (3) The term “landlord” means the owner of a multiple dwelling.
37	37	8 (4) The term “lease” means the lease agreement, rental agreement, or any other document
38	38	9legally formalizing the rental arrangement between the landlord and tenant. 2 of 4
39	39	10 (5) The term “multiple dwelling” has the meaning assigned to it in Chapter 151B Section
40	40	111.11.
41	41	12 (6) The term “tenant” means the lessee or other occupant residing within a dwelling unit
42	42	13of a multiple dwelling, regardless of whether the occupant is a party to the lease.
43	43	14 (7) The term “window guard” means a bar, screen, or grille assembly installed in a
44	44	15window for the purpose of preventing a child from accidental falling out of the window, in
45	45	16accordance with the regulations promulgated by the Department.
46	46	17 (8) The term “applicable window” means any window greater than six feet above grade
47	47	18that is also capable of opening sufficiently to allow a five inch diameter ball to pass through and
48	48	19is not connected to a fire escape.
49	49	20 (b) Installation.
50	50	21 (1) The landlord or his agent, at the request of a tenant with a child, shall install and
51	51	22maintain window guards on all applicable windows in the tenant’s unit. The landlord or his
52	52	23agent, at the further request of a tenant with a child, shall install and maintain window guards on
53	53	24all applicable windows in the common area of the multiple dwelling accessible by the tenant
54	54	25without having to leave and reenter the building.
55	55	26 (2) Each window guard installed pursuant to subsection 1 shall be designed, constructed,
56	56	27and installed so that it may not deliberately or through accident, ignorance, or inadvertence, be
57	57	28removed, opened, or dislodged without the use of a key or tool. The key or tool shall remain in
58	58	29the possession of the landlord or his agent. Each window guard installed on a window connected 3 of 4
59	59	30to a fire escape shall be releasable or removable from the inside without use of a key, tool, or
60	60	31excessive force.
61	61	32 (3) The Department shall promulgate rules and regulations regarding the design,
62	62	33installation, yearly inspection, and maintenance of window guards.
63	63	34 (c) Notice.
64	64	35 (1) At the beginning of the tenancy, and at least annually thereafter, the landlord or his
65	65	36agent shall provide the tenant with a notice, in accordance with subsection 2, of the tenant’s right
66	66	37to have window guards installed.
67	67	38 (2) The notice shall be in paper format and contain the following text prominently
68	68	39displayed in the lease in no less than 10 point type: “Parents with children under the age of 10
69	69	40have the right, at no additional charge, to have window guards installed within the rented
70	70	41apartment and the common areas of the building, to prevent children from accidentally falling
71	71	42out of the window.” The landlord or his agent shall also give similar oral notice to the tenant at
72	72	43the beginning of the tenancy.
73	73	44 (3) The Department shall promulgate rules and regulations to establish a yearly training
74	74	45program for landlords and tenants. The Department shall also promulgate rules and regulations to
75	75	46establish the necessary training that the landlord or his agent shall provide to a tenant upon
76	76	47installation of a window guard within the tenant’s unit and upon a tenant beginning a lease in a
77	77	48multiple dwelling with window guards preinstalled.
78	78	49 (d) Prohibitions. 4 of 4
79	79	50 (1) The owner, lessee, sublessee, assignee or managing agent of multiple dwelling, or
80	80	51other person having the right of ownership or possession or right to rent, lease, or sell, or
81	81	52negotiate for the sale or lease of such land or accommodations, or any agent or employee of such
82	82	53a person, shall not:
83	83	54 (i) Charge a tenant requesting window guards any additional rent or fees that a tenant not
84	84	55requesting window guards would be charged.
85	85	56 (ii) Communicate or indicate to the tenant in any way that the installation of window
86	86	57guards is dependent upon additional payment by the tenant.
87	87	58 (iii) Impose any type of pre-condition or psychological deterrent, preliminary to
88	88	59installation of window guards.
89	89	60 (iv) Discriminate against a tenant exercising the right to have window guards installed in
90	90	61any way, including the terms, conditions or privileges of such accommodations or land or the
91	91	62acquisition thereof or renewal of the lease, or in the furnishing of facilities and services in
92	92	63connection therewith.
93	93	64 (2) No occupant of a multiple dwelling, or any other person, shall obstruct or interfere
94	94	65with the installation of window guards, nor shall any person remove or otherwise render
95	95	66ineffective window guards, provided, however, that the landlord or his agent may remove
96	96	67window guards from an unoccupied unit or with the written consent of the tenant.
97	97	68 (3) The Department shall, within a reasonable period of time, investigate complaints filed
98	98	69with regard to a violation under this section, and may impose up to a $5,000 civil penalty for a
99	99	70violation not remedied within ten business days.