Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S1120 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. 944 FILED ON: 1/15/2025
3	3	SENATE . . . . . . . . . . . . . . No. 1120
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Adam Gomez
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 people experiencing homelessness.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Adam GomezHampdenRebecca L. RauschNorfolk, Worcester and Middlesex 1 of 6
16	16	SENATE DOCKET, NO. 944 FILED ON: 1/15/2025
17	17	SENATE . . . . . . . . . . . . . . No. 1120
18	18	By Mr. Gomez, a petition (accompanied by bill, Senate, No. 1120) of Adam Gomez and Rebecca
19	19	L. Rausch for legislation to establish a bill of rights for people experiencing homelessness. The
20	20	Judiciary.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE SENATE, NO. 1112 OF 2023-2024.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Fourth General Court
26	26	(2025-2026)
27	27	_______________
28	28	An Act establishing a bill of rights for people experiencing homelessness.
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. Section 17A of chapter 85 of the General Laws is hereby repealed.
32	32	2 SECTION 2. Chapter 214 of the General Laws is hereby amended by inserting after
33	33	3section 1C the following section:-
34	34	4 Section 1D. (a) A person experiencing homelessness shall have the right to be free from
35	35	5discrimination on the basis of housing status.
36	36	6 (b) As used in this chapter, the following words shall, unless the context clearly requires
37	37	7otherwise, have the following meanings:
38	38	8 “Housing status” means a person’s current ability to access a fixed, regular nighttime
39	39	9residence as defined in section 16W of chapter 6A of the general laws. 2 of 6
40	40	10 “Park'” shall include a city or town common dedicated to the use of the public, or
41	41	11appropriated to such use without interruption for a period of 20 years as defined in section 1 of
42	42	12chapter 45 of the general laws.
43	43	13 “Persons experiencing homelessness” means persons who lack, or are perceived to lack, a
44	44	14fixed, regular nighttime residence as defined in section 16W of chapter 6A of the general laws.
45	45	15Persons experiencing homelessness includes, but are not limited to, persons who: (1) share the
46	46	16housing of other persons due to loss of housing, economic hardship or a similar reason; (2) live
47	47	17in motels, hotels, trailer parks or campgrounds due to the lack of fixed, regular, and adequate
48	48	18nighttime residence; (3) live in emergency or transitional shelters; (4) are abandoned in hospitals;
49	49	19(5) are awaiting foster care placement; (6) have a primary nighttime residence that is a public or
50	50	20private place not designed for or ordinarily used as a regular sleeping accommodation for human
51	51	21beings; (7) live in cars, parks, public spaces, abandoned buildings, bus or train stations or similar
52	52	22settings; (8) are transient and otherwise experiencing homelessness as described in this
53	53	23subsection; or (9) are in situations as described in section 11302(a) of title 42 of the United
54	54	24States Code.
55	55	25 “Public space” means any real property that is owned, in whole or in part, by the
56	56	26Commonwealth or any municipality, or upon which there is an easement for public use, and is
57	57	27held open to the public. Public space includes but is not limited to plazas, courtyards, parking
58	58	28lots, sidewalks, public transportation facilities and services, public buildings, and parks. Public
59	59	29space does not include a private business establishment.
60	60	30 “Recreational vehicle” has the meaning given that term in section 20 of chapter 90B of
61	61	31the general laws. 3 of 6
62	62	32 “Rest” means the state of sleeping or not moving or the state of holding certain postures
63	63	33that include but are not limited to sitting, standing, leaning, kneeling, squatting or lying on the
64	64	34ground or other surface.
65	65	35 “Town” shall not include city as defined in section 1 of chapter 45 of the general laws.
66	66	36 (c) Persons experiencing homelessness shall have the right to:
67	67	37 (i) use public spaces in the same manner as any other person without discrimination
68	68	38based on their housing status;
69	69	39 (ii) equal treatment by all state and municipal agencies, without discrimination on the
70	70	40basis of housing status;
71	71	41 (iii) a reasonable expectation of privacy in personal property in public spaces;
72	72	42 (iv) interact with public officials, employees, and officers without harassment on the
73	73	43basis of their housing status;
74	74	44 (v) rest in public spaces and seek protection from adverse weather or an imminent public
75	75	45health emergency in a manner that does not obstruct human or vehicle traffic and is without
76	76	46discrimination based on their housing status;
77	77	47 (vi) access routine and emergency medical care free from discrimination on the basis of
78	78	48housing status, including without limitation access to medical care, testing, and vaccination for
79	79	49the 2019 novel coronavirus, known as COVID-19;
80	80	50 (vii) eat, share, accept, or give food in any public space in which having food is not
81	81	51prohibited; 4 of 6
82	82	52 (viii) vote, register to vote, and receive documentation necessary to prove identity for
83	83	53voting without discrimination on the basis of housing status;
84	84	54 (ix) pray, meditate, worship, or practice religion in public spaces without discrimination
85	85	55based on housing status in a manner that does not obstruct human or vehicle traffic;
86	86	56 (x) protection from the disclosure of records provided to homeless shelters and service
87	87	57providers to state, municipal, and private entities, absent valid written authorization to do so; and
88	88	58 (xi) occupy a motor vehicle or a recreational vehicle, provided that the vehicle is legally
89	89	59parked on public property or on private property with the express permission of the private
90	90	60property owner.
91	91	61 (d) The provisions of this section pertaining to public spaces shall not apply if the public
92	92	62space is closed to the general public or requires a fee for entry. When practicable, public
93	93	63officials, employees, or officers shall clearly designate and provide an appropriate alternative
94	94	64place for persons experiencing homelessness to rest without time limitations in the near vicinity.
95	95	65 (e) It shall be an affirmative defense to a civil claim or criminal charge related to use of
96	96	66public spaces that a person experiencing homelessness was exercising any right set forth in this
97	97	67section.
98	98	68 (f) The superior court shall have jurisdiction in equity to enforce any right set forth in this
99	99	69section and award damages in connection with any violation thereof.
100	100	70 SECTION 3. Section 1 of chapter 51 of the General Laws, as so appearing in the 2020
101	101	71Official Edition, is hereby amended by inserting after the last sentence the following sentence:- 5 of 6
102	102	72 Lack of a fixed, permanent residence for a person experiencing homelessness shall not
103	103	73prohibit voter registration.
104	104	74 SECTION 4. Section 1 of chapter 151B of the General Laws, as so appearing in the 2020
105	105	75Official Edition, is hereby amended by adding the following subsection:-
106	106	76 24. The term “housing status” shall be defined as a person’s current ability to access a
107	107	77fixed, regular, or adequate nighttime residence.
108	108	78 SECTION 5. Section 3 of chapter 151B of the General Laws, as so appearing in the 2020
109	109	79Official Edition, is hereby amended by inserting after the word “information” in line 20 the
110	110	80following words:- housing status.
111	111	81 SECTION 6. Said section 3 of chapter 151B, as so appearing, is hereby further amended
112	112	82by inserting after the word “persons”, in line 56, the following words:- persons who have
113	113	83experienced homelessness.
114	114	84 SECTION 7. Said section 3 of chapter 151B, as so appearing, is hereby further amended
115	115	85by inserting after the word “information”, in line 66, the following words:- housing status
116	116	86 SECTION 8. Said section 3 of chapter 151B, as so appearing, is hereby amended by
117	117	87inserting after the word “origin”, in line 87, the following words:- housing status.
118	118	88 SECTION 9. Section 4 of said chapter 151B, as so appearing, is hereby amended by
119	119	89inserting after the word “information”, in lines 5, 189, 204, 211, 223, 232, 266, 293, 311, 361,
120	120	90369, 379, 479, 490, 495, 502, 824, and 833 in each instance, the following words:- housing status
121	121	91 SECTION 10. Said section 4 of chapter 151B, as so appearing, is hereby further amended
122	122	92by inserting after the word “age” in line 300 the following words:- housing status. 6 of 6
123	123	93 SECTION 11. Said section 4 of chapter 151B, as so appearing, is hereby further amended
124	124	94by inserting after the word “origin”, in lines 634 and 644, and in each instance, the following
125	125	95words:- housing status.
126	126	96 SECTION 12. Said section 4 of chapter 151B, as so appearing, is hereby further amended
127	127	97by adding the following subsection:-
128	128	98 20. It shall be unlawful discrimination for any employer, employment agency, labor
129	129	99organization, or licensing agency to refuse to hire or employ, represent, grant membership to, or
130	130	100license a person on the basis of that person's housing status or having a mailing address being
131	131	101that of a shelter or social service provider, or to terminate or refuse to renew a person's
132	132	102employment, representation, membership, or license on the basis of that person’s housing status.
133	133	103 SECTION 13. Sections 63 through 69, inclusive, of chapter 272 of the General Laws are
134	134	104hereby repealed.
135	135	105 SECTION 14. Section 92A of chapter 272 of the General Laws is hereby amended by
136	136	106inserting after the word “nationality”, in line 9, the following words:- housing status.
137	137	107 SECTION 15. Section 98 of said chapter 272, as so appearing, is hereby amended by
138	138	108inserting after the word “origin”, in line 3, the following words:- housing status.
139	139	109 SECTION 16. Section 122 of chapter 5 of the Acts of 1995 is hereby repealed.