Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
Chapter 121B of the General Laws is hereby amended by inserting after section 32A, as appearing in the 1988 Official Edition, the following five sections:-
Section 32B. As used in sections thirty-two B to thirty-two F, inclusive, the following words shall have the following meanings unless the content otherwise requires:
"Landlord", the owner or managing agent of a public housing development or a subsidized housing development.
"Public housing development", such developments for housing owned and operated by a housing authority pursuant to this chapter.
"Subsidized housing development", such multi-family developments for housing as: (a) receive the benefit of subsidy in the form of project-based assistance under the section 8 housing assistance program for the disposition of projects owned by the United States Department of Housing and Urban Development; or (b) are owned or held by the United States Department of Housing and Urban Development as mortgagee-in-possession.
"Tenant household", an individual, family unit, or other group living in a public housing development or a subsidized housing development, as reported to the landlord of the development at initial occupancy or thereafter.
Section 32C. Whenever a person who is not a member of a tenant household has, on or near a public housing development or a subsidized housing development: (a) caused serious physical harm to a member of a tenant household or employee of the landlord, (b) intentionally, willfully, and repeatedly destroyed, vandalized, or stolen property of a member of a tenant household or of the landlord (c) intentionally and willfully destroyed, vandalized, or stolen property of a member of a tenant household or of the landlord and attempted to seriously physically harm a member of a tenant household or employee of the landlord (d) possessed or carried a weapon in violation of section ten of chapter two hundred and sixty-nine or possessed or used an explosive or infernal machine, as such is defined in section one hundred and two A of chapter two hundred and sixty-six with the exception of fire-crackers or violated any other provision of section one hundred and one, one hundred and two, one hundred and two A or one hundred and two B of chapter two hundred and sixty-six; (e) unlawfully sold or possessed with intent to distribute a controlled substance established as class A, B, C, or D in section thirty-one of chapter ninety-four C; or (f) committed or repeatedly threatened to commit a battery upon a person or damaged or repeatedly threatened to commit damage to the property of another for the purpose of intimidation because of said person's race, color, religion, or national origin; the landlord of such premises may bring a civil action for injunctive or other appropriate equitable relief in order to prohibit said person from entering or remaining in or upon the public or subsidized housing development, unless there is cause to believe that such unlawful conduct is unlikely to continue or to pose a serious threat to the health or safety of the development, the tenant households at such development, or the employees of the landlord.
Nothing in this section shall be read to limit the civil and criminal remedies otherwise available under section thirty-nine of chapter two hundred and sixty-five or section one hundred and twenty-seven B of chapter two hundred and sixty-six.
Section 32D. A tenant or member of a tenant household in a public or subsidized housing development whose health or safety has been seriously threatened as described in section thirty-two C, and where there is reasonable cause to believe that such unlawful conduct will continue to pose a serious threat to his health and safety may institute and prosecute in his own name and on his own behalf or on behalf of other willing household members a civil action requiring the landlord of the public or subsidized housing development to seek injunctive and other appropriate relief as provided in section thirty-two C, provided that the landlord of the public or subsidized housing development has actual or constructive notice of said unlawful conduct. Such civil action may also be pursued by a tenants organization, whether incorporated or unincorporated, on behalf of its members, and without any requirement that such organization be represented by counsel in order to pursue such action. This paragraph shall not be construed so as to limit relief otherwise available under chapter two hundred and nine A. Nothing in this section shall be read to limit the civil and criminal remedies otherwise available under section thirty-nine of chapter two hundred and sixty-five or section one hundred and twenty-seven B of chapter two hundred and sixty-six. This paragraph does not limit any existing nor create any new civil or criminal liability.
Section 32E. Civil actions under section thirty-two C or thirty-two D shall be instituted in the housing or superior court departments having jurisdiction where the residential premises are located. Orders and judgments entered in such actions shall be subject to appellate review as if the interlocutory order or judgment was entered in the superior court department.
Section 32F. Whenever a court, pursuant to section thirty-two C, issues a temporary restraining order or a preliminary or permanent injunction ordering a defendant to refrain from entering or remaining in a public or subsidized housing development under this section, the order issued shall specify the person and the addresses covered and contain the following statement: VIOLATION OF THIS ORDER IS A CRIMINAL OFFENSE. The clerk shall transmit two certified copies of each such order to the appropriate law enforcement agency, and such law enforcement agency shall serve one copy of the order upon such defendant. Unless otherwise directed by the court, for good cause shown, service shall be by delivering a copy in hand to the defendant. Law enforcement agencies shall establish procedures adequate to ensure that all officers responsible for the enforcement of the order are informed of the existence and terms of such orders. Whenever any law enforcement officer has probable cause to believe that a defendant has violated the terms of an order issued pursuant to this section, such officer shall have the authority to arrest said defendant. After any such order has been served upon the defendant, any violation of such order during its effective term shall be punishable by a fine of not more than three thousand five hundred dollars or by imprisonment for not more than two years in a house of correction, or both. Any such violation may be enforced in the court that issued the order which is alleged to have been violated.
All temporary restraining orders granted under section thirty-two C shall remain in effect for no more than ten days from issuance. All other interlocutory orders granted under section thirty-two C shall be for a fixed period of time not to exceed one year, at the expiration of which time the court may extend any order upon a showing of good cause. All orders granted under section thirty-two C which expire after a limited term shall so state on the order. No permanent order shall be granted except as a final judgment after a trial on the merits.
A person subject to an order under sections thirty-two C may request that such order be modified or vacated at any time. Grounds for modification shall include, but not be limited to, hardship that would result from the person's inability to visit a tenant or a member of a tenant household, the person's need to carry out legitimate business on or near the public or subsidized housing development, or new evidence or evidence of a change in circumstances showing that it is unlikely that the person's presence in the public or subsidized housing development shall continue to pose a serious threat to the health and safety of the development.
All orders granted shall be crafted in such a manner as to minimize interference with the rights of tenant households to reasonable visitation in accordance with any orders issued in any other court proceeding.
The court shall notify the appropriate law enforcement agency in writing whenever an order issued pursuant to this section is stayed, modified, or vacated, and shall direct the agency to destroy all record of any order which is vacated, and not to act on any order which is stayed. Such law enforcement agency shall comply with court directives on stayed or vacated orders, and shall only enforce orders with a limited term during the term of such orders.