Session Laws

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Section 3 of chapter 40A of the General Laws, as appearing in the 1986 Official Edition, is hereby amended by inserting after the second paragraph the following paragraph:-

Notwithstanding any general or special law to the contrary, local land use and health and safety laws, regulations, practices, ordinances, by-laws and decisions of a city or town shall not discriminate against a disabled person. Imposition of health and safety laws or land-use requirements on congregate living arrangements among non-related persons with disabilities that are not imposed on families and groups of similar size or other unrelated persons shall constitute discrimination.

SECTION 2. Chapter 184 of the General Laws is hereby amended by inserting after section 23C the following section:-

Section 23D. Any restriction, reservation, condition, exception, or covenant in any subdivision plan, deed or other instrument of or pertaining to the transfer, sale, lease or use of property which would permit residential use of property but would prohibit a community residence for disabled persons shall, to the extent of such prohibition, be void.