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 79 of chapter 6 of the General Laws, as appearing in the 1988 Official Edition, is hereby amended by striking out clause (h) and inserting in place thereof the following two clauses:-

(h) it shall make an annual report to the general court, a copy of which shall be filed with the clerk of the house of representatives on or before the first Wednesday in December;

(i) it shall maintain a central registry of apartment housing which is accessible or adaptable, as defined in section thirteen A of chapter twenty-two, and a list of persons seeking accessible or adaptable apartment housing and shall notify them as said apartment housing becomes available and shall maintain a toll free telephone line, subject to appropriation, for persons to obtain information about accessible and adaptable apartment housing.

SECTION 2. Section 16 of chapter 19 of the General Laws, as so appearing, is hereby amended by striking out, in line 10, the word "and",- and by inserting after the word "patients", in line 10, the following clause:- ; and (g) support services to enable patients to live in apartment housing in the community.

SECTION 3. The second paragraph of section 13 of chapter 19B of the General Laws, as so appearing, is hereby amended by striking out, in line 11, the word "and",- and by inserting after the word "delivery", in line 11, the following clause:- ; and (i) support services to enable clients to live in apartment housing in the community.

SECTION 4. The fourth paragraph of section 13A of chapter 22 of the General Laws, as so appearing, is hereby amended by adding the following two sentences:- The rules and regulations of the board shall also establish standards and procedures designed to make adaptable for physically handicapped persons (1) all dwelling units in multiple dwellings equipped with an elevator and (2) all ground floor dwelling units in multiple dwellings not equipped with an elevator; provided, however, that the dwelling is constructed for first occupancy after March thirteenth, nineteen hundred and ninety-one. Said rules and regulations shall include, but not be limited to, detailed architectural standards further defining adaptable dwelling units, and such other provisions necessary to provide rights and remedies substantially equivalent to the rights and remedies provided by the federal Fair Housing Act and regulations thereunder as they pertain to such multiple dwellings.

SECTION 5. Said section 13A of said chapter 22, as so appearing, is hereby further amended by striking out the eighth paragraph and inserting in place thereof the following paragraph:-

Unless otherwise specified, five percent of the units in lodging or residential facilities for hire, rent or lease, containing twenty or more units, shall be fully adaptable and safe for physically handicapped persons; provided, however, that said adaptable units shall allow five feet of turning radius for a wheelchair in the kitchens and bathrooms. In the event that the board determines that the need, in certain areas of the commonwealth, for such units either exceeds or does not require said five percent, the board may require that, in said areas a percentage of units less than five percent or not greater than ten percent be fully adaptable and safe for physically handicapped persons; provided, however, that said adaptable units shall allow five feet of turning radius for a wheelchair in the kitchens and bathrooms. The board may make such determination only if there is sufficient factual basis, using data from the central registry of the Massachusetts Rehabilitation Commission and other sources, to establish with a reasonable degree of certainty the present and future needs for said adaptable units in certain areas of the commonwealth. A percentage of less than five percent shall not be established unless such adaptable units, which are not needed by physically handicapped persons, cannot be readily hired, rented, or leased to other persons.

SECTION 6. The ninth paragraph of said section 13A of said chapter 22, as so appearing, is hereby amended by adding the following sentence:- The board shall have the authority to issue subpoenas.

SECTION 7. The fourteenth paragraph of said section 13A of said chapter 22, as so appearing, is hereby amended by inserting after the definition of "Accessible" the following definition:-

"Adaptable", can readily be made accessible to, functional and safe for use by physically handicapped persons without structural change. With respect to dwelling units, an adaptable kitchen or bathroom need not include additional floor space to meet otherwise applicable accessibility standards, so long as there is sufficient clear floor space so that all elements of the kitchen and bathroom are functional and safe for use by physically handicapped persons and without imposing an undue hardship on the owner or other person having the right of ownership pursuant to subsection seven A of section four of chapter one hundred and fifty-one B.

SECTION 8. Said fourteenth paragraph of said section 13A of said chapter 22, as so appearing, is hereby further amended by inserting after the definition of "Construction" the following definition:-

"Multiple dwelling", a lodging or residential facility for hire, rent, lease or sale, containing three or more dwelling units.

SECTION 9. Chapter 23B of the General Laws is hereby amended by inserting after section 5A the following section:-

Section 5B. There shall be within the department a joint task force on housing for persons with disabilities, consisting of one employee of the executive office of communities and development to be appointed by the secretary of said executive office; one employee of the Massachusetts Housing Finance Agency to be appointed by the executive director of said agency; two employees of the executive office of human services to be appointed by the secretary of said executive office; two persons, not employees of the commonwealth, from the disability community to be appointed by the secretary of human services, after consultation with the secretary of communities and development and the director of the office of handicapped affairs; and two other persons, not employees of the commonwealth, who are experts in the production or management of such housing to be appointed by the secretary of human services, after consultation with the secretary of communities and development and with leaders of trade associations and others in the private sector, including the chief executive officer of the Rental Housing Association.

Said joint task force may advise the secretaries of human services and communities and development and the executive director of the Massachusetts Housing Finance Agency on questions relating to the development and management of housing used by persons with disabilities and may act in a consultative capacity to any persons with problems or disputes relating to such housing.

SECTION 10. The second paragraph of section 32 of chapter 121B of the General Laws, as appearing in the 1988 Official Edition, is hereby amended by adding the following clause:-

(h) It shall take steps necessary to maximize the utilization of handicap-accessible units by a person whose disability requires the accessibility features of the particular unit, including, but not limited to, (1) assuring that timely and appropriate information regarding the availability of handicap-accessible units reaches persons who may be interested in and eligible for such units, (2) except in an emergency, making available a vacant handicap-accessible unit to a person whose disability requires the accessibility features of the particular unit even though another person not requiring the accessibility features of the particular unit would otherwise be offered the unit according to the tenant selection criteria established pursuant to this chapter.

SECTION 11. Section 1 of chapter 151B of the General Laws, as so appearing, is hereby amended by striking out subsection 17 and inserting in place thereof the following subsection:-

17. The term "handicap" means (a) a physical or mental impairment which substantially limits one or more major life activities of a person; (b) a record of having such impairment; or (c) being regarded as having such impairment.

SECTION 12. Said section 1 of said chapter 151B, as so appearing, is hereby further amended by adding the following three subsections:-

19. The term "handicapped person" means any person who has a handicap.

20. The term "major life activities" means functions, including, but not limited to, caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.

21. The term "accessible" means that housing is functional for and can be safely and independently used by a physically or mentally handicapped person and complies with rules or regulations established by the commission.

SECTION 13. Section 4 of said chapter 151B, as so appearing, is hereby amended by striking out subsection 3B and inserting in place thereof the following two subsections:-

3B. For any person whose business includes granting mortgage loans or engaging in residential real estate-related transactions to discriminate against any person in the granting of any mortgage loan or in making available such a transaction, or in the terms or conditions of such a loan or transaction, because of race, color, religion, sex, sexual orientation which shall not include persons whose sexual orientation involves minor children as the sex object, children, national origin, ancestry, age or handicap. Such transactions shall include, but not be limited to:

(1) the making or purchasing of loans or the provision of other financial assistance for purchasing, constructing, improving, repairing, or maintaining a dwelling; or the making or purchasing of loans or the provision of other financial assistance secured by residential real estate; or

(2) the selling, brokering, or appraising of residential real estate.

In the case of age, the following shall not be an unlawful practice:

(1) an inquiry of age for the purpose of determining a pertinent element of credit worthiness;

(2) the use of an empirically derived credit system which considers age; provided, however, that such system is based on demonstrably and statistically sound data; and provided, further, that such system does not assign a negative factor or score to any applicant who has reached age sixty-two;

(3) the offering of credit life insurance or credit disability insurance, in conjunction with any mortgage loan, to a limited age group;

(4) the failure or refusal to grant any mortgage loan to a person who has not attained the age of majority;

(5) the failure or refusal to grant any mortgage loan the duration of which exceeds the life expectancy of the applicant as determined by the most recent Individual Annuity Mortality Table.

Nothing in this subsection prohibits a person engaged in the business of furnishing appraisals of real property from taking into consideration factors other than those hereinabove proscribed.

3C. For any person to deny another person access to, or membership or participation in, a multiple listing service, real estate brokers' organization, or other service, organization, or facility relating to the business of selling or renting dwellings, or to discriminate against such person in the terms or conditions of such access, membership, or participation, on account of race, color, religion, sex, sexual orientation which shall not include persons whose sexual orientation involves minor children as the sex object, children, national origin, ancestry, age, or handicap.

SECTION 14. Said section 4 of said chapter 151B, as so appearing, is hereby further amended by inserting after subsection 4 the following subsection:-

4A. For any person to coerce, intimidate, threaten, or interfere with another person in the exercise or enjoyment of any right granted or protected by this chapter, or to coerce, intimidate, threaten or interfere with such other person for having aided or encouraged any other person in the exercise or enjoyment of any such right granted or protected by this chapter.

SECTION 15. Subsection 6 of said section 4 of said chapter 151B, as so appearing, is hereby amended by inserting after the word "impaired", in lines 123, 126 and 136, in each instance, the words:- or has any other handicap.

SECTION 16. Said subsection 6 of said section 4 of said chapter 151B, as so appearing, is hereby further amended by adding the following paragraph:-

For purposes of this subsection, discrimination on the basis of handicap includes, but is not limited to, in connection with the design and construction of: (1) all units of a dwelling which has three or more units and an elevator which are constructed for first occupancy after March thirteenth, nineteen hundred and ninety-one; and (2) all ground floor units of other dwellings consisting of three or more units which are constructed for first occupancy after March thirteenth, nineteen hundred and ninety-one, a failure to design and construct such dwellings in such a manner that (i) the public use and common use portions of such dwellings are readily accessible to and usable by handicapped persons; (ii) all the doors are designed to allow passage into and within all premises within such dwellings and are sufficiently wide to allow passage by handicapped persons in wheelchairs; and (iii) all premises within such dwellings contain the following features of adaptive design: (a) an accessible route into and through the dwelling; (b) light switches, electrical outlets, thermostats, and other environmental controls in accessible locations; (c) reinforcements in bathroom walls to allow later installation of grab bars; and (d) usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space.

SECTION 17. Subsection 7 of said section 4 of said chapter 151B, as so appearing, is hereby amended by inserting after the word "impairment" in lines 161, 166 and 172, in each instance, the words:- or other handicap.

SECTION 18. Said section 4 of said chapter 151B, as so appearing, is hereby further amended by inserting after subsection 7 the following two subsections:-

7A. For purposes of subsections 6 and 7 discrimination on the basis of handicap shall include but not be limited to:

(1) a refusal to permit or to make, at the expense of the handicapped person, reasonable modification of existing premises occupied or to be occupied by such person if such modification is necessary to afford such person full enjoyment of such premises; provided, however, that, in the case of publicly assisted housing, multiple dwelling housing consisting of ten or more units, or contiguously located housing consisting of ten or more units, reasonable modification shall be at the expense of the owner or other person having the right of ownership; provided, further, that, in the case of public ownership of such housing units the cost of such reasonable modification shall be subject to appropriation; and provided, further, that, in the case of a rental, the landlord may, where the modification to be paid for by the handicapped person will materially alter the marketability of the housing, condition permission for a modification on the tenant agreeing to restore or pay for the cost of restoring, the interior of the premises to the condition that existed prior to such modification, reasonable wear and tear excepted;

(2) a refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford a handicapped person equal opportunity to use and enjoy a dwelling; and

(3) discrimination against or a refusal to rent to a person because of such person's need for reasonable modification or accommodation.

Reasonable modification shall include, but not be limited to, making the housing accessible to mobility-impaired, hearing-impaired and sight-impaired persons including installing raised numbers which may be read by a sight-impaired person, installing a door bell which flashes a light for a hearing-impaired person, lowering a cabinet, ramping a front entrance of five or fewer vertical steps, widening a doorway, and installing a grab bar; provided, however, that for purposes of this subsection, the owner or other person having the right of ownership shall not be required to pay for ramping a front entrance of more than five steps or for installing a wheelchair lift.

Notwithstanding any other provisions of this subsection, an accommodation or modification which is paid for by the owner or other person having the right of ownership is not considered to be reasonable if it would impose an undue hardship upon the owner or other person having the right of ownership and shall therefore not be required. Factors to be considered shall include, but not be limited to, the nature and cost of the accommodation or modification needed, the extent to which the accommodation or modification would materially alter the marketability of the housing, the overall size of the housing business of the owner or other person having the right of ownership, including but not limited to, the number and type of housing units, size of budget and available assets, and the ability of the owner or other person having the right of ownership to recover the cost of the accommodation or modification through a federal tax deduction. Ten percent shall be the maximum number of units for which an owner or other person having the right of ownership shall be required to pay for a modification in order to make units fully accessible to persons using a wheelchair pursuant to the requirements of this subsection.

In the event a wheelchair accessible unit becomes or will become vacant, the owner or other person having the right of ownership shall give timely notice to a person who has, within the previous twelve months, notified the owner or person having the right of ownership that such person is in need of a unit which is wheelchair accessible, and the owner or other person having the right of ownership shall give at least fifteen days notice of the vacancy to the Massachusetts rehabilitation commission, which shall maintain a central registry of accessible apartment housing under the provisions of section seventy-nine of chapter six. During such fifteen day notice period, the owner or other person having the right of ownership may lease or agree to lease the unit only if it is to be occupied by a person who is in need of wheelchair accessibility.

Notwithstanding any general or special law, by-law or ordinance to the contrary, there shall not be established or imposed a rent or other charge for such handicap-accessible housing which is higher than the rent or other charge for comparable nonaccessible housing of the owner or other person having the right of ownership.

7B. For any person to make, print, or publish, or cause to be made, printed, or published any notice, statement or advertisement, with respect to the sale or rental of multiple dwelling, contiguously located, publicly assisted or other covered housing accommodations that indicates any preference, limitation, or discrimination based on race, color, religion, sex, sexual orientation which shall not include persons whose sexual orientation involves minor children as the sex object, national origin, ancestry, children, marital status, public assistance recipiency, or handicap or an intention to make any such preference, limitation, or discrimination except where otherwise legally permitted.

SECTION 19. Said section 4 of said chapter 151B is hereby further amended by striking out subsection 8, as amended by section 11 of chapter 516 of the acts of 1989, and inserting in place thereof the following subsection:-

8. For the owner, lessee, sublessee, or managing agent of, or other person having the right of ownership or possession of or the right to sell, rent or lease, commercial space: (1) To refuse to sell, rent, lease or otherwise deny to or withhold from any person or group of persons such commercial space because of race, color, religious creed, national origin, sex, sexual orientation, which shall not include persons whose sexual orientation involves minor children as the sex object, age, ancestry, handicap or marital status of such person or persons. (2) To discriminate against any person because of his race, color, religious creed, national origin, sex, sexual orientation, which shall not include persons whose sexual orientation involves minor children as the sex object, age, ancestry, handicap or marital status in the terms, conditions or privileges of the sale, rental or lease of any such commercial space or in the furnishing of facilities or services in connection therewith. (3) To cause to be made any written or oral inquiry or record concerning the race, color, religious creed, national origin, sex, sexual orientation, which shall not include persons whose sexual orientation involves minor children as the sex object, age, ancestry, handicap or marital status of a person seeking to rent or lease or buy any such commercial space. The word "age" as used in this subsection shall not apply to persons who are minors, nor to residency in state-aided or federally-aided housing developments for the elderly nor to residency in self-contained retirement communities constructed expressly for use by the elderly and which are at least twenty acres in size and have a minimum age requirement for residency of at least fifty-five years.

SECTION 19A. Said section 4 of said chapter 151B, as so appearing, is hereby amended by striking out subsection 10 and inserting in place thereof the following subsection:-

10. For any person furnishing credit, services or rental accommodations to discriminate against any individual who is a recipient of federal, state, or local public assistance, including medical assistance, or who is a tenant receiving federal, state, or local housing subsidies, including rental assistance or rental supplements, because the individual is such a recipient, or because of any requirement of such public assistance, rental assistance, or housing subsidy program.

SECTION 20. Subsection 11 of said section 4 of said chapter 151B, as appearing in the 1988 Official Edition, is hereby amended by inserting after the word "person", in line 268, the words:- or to discriminate against any person in the terms, conditions, or privileges of such accommodations or the acquisition thereof, or in the furnishing of facilities and services in connection therewith, because such person has a child or children who occupy or shall occupy the premises with such person; provided, however, that nothing herein shall limit the applicability of any local, state, or federal restrictions regarding the maximum number of persons permitted to occupy a dwelling.

SECTION 21. Said subsection 11 of said section 4 of said chapter 151B, as so appearing, is hereby further amended by striking out clause (4).

SECTION 22. Subsection 13 of said section 4 of said chapter 151B, as so appearing, is hereby amended by inserting after the word "religion", in lines 320 and 329, in each instance, the word:- , sex.

SECTION 23. Said subsection 13 of said section 4 of said chapter 151B, as so appearing, is hereby further amended by inserting after the word "level", in lines 321 and 330, in each instance, the words:- or a handicapped person, or a person having a child.

SECTION 24. The second paragraph of section 5 of said chapter 151B, as so appearing, is hereby amended by inserting after the second sentence the following eight sentences:-

If such commissioner shall determine after such investigation or preliminary hearing that probable cause exists for crediting the allegations of a complaint relative to a housing practice, the commissioner shall immediately serve notice upon the complainant and respondent of their right to elect judicial determination of the complaint as an alternative to determination in a hearing before the commission. If a complainant or respondent so notified wishes to elect such judicial determination, he shall do so in writing within twenty days of receipt of the said notice. The person making such election shall give notice of such election to the commission and to all other complainants and respondents to whom the probable cause finding relates. The commission, upon receipt of such notice, shall dismiss the complaint pending before it without prejudice and the complainant shall be barred from subsequently bringing a complaint on the same matter before the commission. If any complainant or respondent elects judicial determination as aforesaid, the commission shall authorize, and not later than thirty days after the election is made the attorney general shall commence and maintain, a civil action on behalf of the complainant in the superior court for the county in which the unlawful practice occurred. Any complainant may intervene as of right in said civil action. If the court in such civil action finds that a discriminatory housing practice has occurred or is about to occur, the court may grant any relief which a court could grant with respect to such discriminatory housing practice in a civil action under section nine. Any relief so granted that would accrue to an aggrieved person in a civil action commenced by that aggrieved person under said section nine shall also accrue to that aggrieved person in a civil action under this section.

SECTION 25. Said second paragraph of said section 5 of said chapter 151B, as so appearing, is hereby further amended by striking out, in line 37, the words "the complaint" and inserting in place thereof the words:- any complaint and no complainant or respondent has elected judicial determination of the matter.

SECTION 26. Said second paragraph of said section 5 of said chapter 151B, as so appearing, is hereby further amended by striking out, in line 55, the word "After" and inserting in place thereof the words:- Before or after.

SECTION 27. Said second paragraph of said section 5 of said chapter 151B, as so appearing, is hereby further amended by inserting after the twenty-third sentence the following sentence:- In addition to any such relief, the commission shall award reasonable attorney's fees and costs to any prevailing complainant.

SECTION 28. The third paragraph of said section 5 of said chapter 151B, as so appearing, is hereby amended by striking out, in lines 160 and 161, the words ", not to exceed two thousand dollars,",- and by striking out, in lines 165 and 166, the words "; provided, however, that such damages shall not include attorneys' fees".

SECTION 29. Said section 5 of said chapter 151B, as so appearing, is hereby further amended by adding the following paragraphs:-

If upon all the evidence at any such hearing the commission shall find that a respondent has engaged in any such unlawful practice relative to a housing practice it may, in addition to any other action which it may take under this section, assess a civil penalty against the respondent:

(a) in an amount not to exceed ten thousand dollars if the respondent has not been adjudged to have committed any prior discriminatory housing practice;

(b) in an amount not to exceed twenty-five thousand dollars if the respondent has been adjudged to have committed one other discriminatory housing practice during the five year period ending on the date of the filing of the complaint; and

(c) in an amount not to exceed fifty thousand dollars if the respondent has been adjudged to have committed two or more discriminatory housing practices during the seven year period ending on the date of the filing of the complaint. Notwithstanding the aforesaid provisions, if the acts constituting the discriminatory housing practice that is the object of the complaint are committed by the same natural person who has been previously adjudged to have committed acts constituting a discriminatory housing practice, then the civil penalties set forth in clauses (b) and (c) may be imposed without regard to the period of time within which any subsequent discriminatory housing practice occurred.

SECTION 30. Section 8 of said chapter 151B, as so appearing, is hereby amended by striking out, in lines 5 and 6, the words "or who shall willfully file a false complaint".

SECTION 31. The third paragraph of section 9 of said chapter 151B, as so appearing, is hereby amended by inserting after the first sentence the following sentence:- If the court finds for the petitioner, it may award the petitioner actual and punitive damages.

SECTION 32. Section 2 of chapter 708 of the acts of 1966 is hereby amended by adding the following paragraph:-

It is hereby further found that there is insufficient housing which is accessible to and usable by handicapped persons. The shortage of housing results in handicapped persons having to modify and adapt housing so as to make it accessible and usable to them. Persons of low and moderate income frequently do not have the resources to finance these necessary modifications and adaptations of housing. To aid in remedying those conditions, to promote the expansion of the supply of funds at low interest rates available for residential loans for low income persons and families and moderate income persons and families and thereby help alleviate the shortage of accessible housing, the Massachusetts Housing Finance Agency shall have the power (i) to raise funds from private investors in order to make such funds available, through lending institutions for residential loans to low income persons and families and moderate income persons and families, (ii) to insure such residential loans, and (iii) to provide technical assistance to low income persons and families desiring such residential loans. By utilizing such powers the Massachusetts Housing Finance Agency shall develop the financial resources available to meet the need for housing which is accessible to and usable by handicapped persons.

SECTION 33. Section 4 of said chapter 708, as most recently amended by section 18 of chapter 574 of the acts of 1983, is hereby further amended by adding the following paragraph:-

(x) Establish a program to finance or assist the financing of the modifications or adaptation of existing housing in order to make such housing accessible to and usable by handicapped persons and in conjunction therewith and to further the purpose of this program (i) to make low interest loans, including but not limited to home improvement loans, to low income persons or families and to moderate income persons or families, (ii) to purchase, participate in the purchase of, or contract to purchase loans, (iii) to enter into advance commitments for the purchase of or participation in the purchase of loans, and (iv) to make loans to lenders who have entered into commitments to make loans and to fund and operate an interest subsidy program.

SECTION 34. The provision of section 5 shall be applicable to buildings for which construction is initiated on or after January first, nineteen hundred and ninety-one.