HOUSE DOCKET, NO. 3116        FILED ON: 1/20/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3024

The Commonwealth of Massachusetts

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PRESENTED BY:

Christine P. Barber

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to preventing discriminatory land use and permitting decisions.

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PETITION OF:

HOUSE DOCKET, NO. 3116        FILED ON: 1/20/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3024

The Commonwealth of Massachusetts

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In the One Hundred and Ninetieth General Court
(2017-2018)

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An Act relative to preventing discriminatory land use and permitting decisions.

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

Section 4 of chapter 151B of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by adding the following paragraph:-

20. For a local or state administrative, legislative or regulatory body or instrumentality to engage in a discriminatory land use practice. For the purposes of this paragraph, a “discriminatory land use practice” shall mean: (i) enacting or enforcing any land use regulation, policy or ordinance; (ii) making a permitting or funding decision with respect to housing or proposed housing; or (iii) taking any other action the purpose or effect of which would make unavailable or deny housing accommodations for families or individuals based on race, color, religious creed, national origin, sex, gender identity, sexual orientation, which shall not include persons whose sexual orientation involves minor children as the sex object, age, genetic information, ancestry, marital status, veteran status or membership in the armed forces, familial status, including families with children, disability condition, blindness, hearing impairment or because a person possesses a trained dog guide as a consequence of blindness, hearing impairment or other handicap, or because the housing or proposed housing consists of publicly assisted housing accommodations or is expected to receive or serve tenants receiving federal, state, or local housing subsidies, or because of any requirement of such public assistance, rental assistance, or housing subsidy program.

It shall not be a violation of this chapter if a local government entity: (i) whose action or inaction has an unintended discriminatory effect proves that the action or inaction was motivated and justified by a substantial, legitimate, nondiscriminatory, bona fide governmental interest and the complaining party is unable to prove that those interests can be served by any other practice that has a less discriminatory effect; or (ii) demonstrates that it has consistently supported housing described in (iii) above and that the entity’s action or inaction was motivated and justified by a substantial, legitimate nondiscriminatory bona fide governmental interest.