HOUSE DOCKET, NO. 1936        FILED ON: 1/17/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1038

The Commonwealth of Massachusetts

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PRESENTED BY:

Jack Patrick Lewis

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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 to prohibit housing discrimination against responsible dog owners.

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PETITION OF:

HOUSE DOCKET, NO. 1936        FILED ON: 1/17/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1038

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-First General Court
(2019-2020)

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An Act to prohibit housing discrimination against responsible dog owners.

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 12 of Chapter 183A of the General Laws is hereby amended by inserting after the words “master deed” the following words:- However, no provision in the declaration, bylaws or rules and regulations of the organization of unit owners shall prohibit the keeping of certain types of dogs based on breed, weight or size.

SECTION 2.  Chapter 186 of the General Laws is hereby amended by adding the following section:-

Section 16A: Leases or rental agreements regulating occupancy of pets

Section 16A. Any provision of a lease or other rental agreement relating to real property relating to the keeping of pets shall be deemed to be against public policy and void if the lease or other rental agreement prohibits the keeping of certain types of dogs based on breed, size or weight.

This section shall not apply to:

a.Multi-unit dwellings containing three apartments or less.

b.The leasing of a single dwelling unit in a two family dwelling, the other occupancy unit of which is occupied by the owner as his residence.

SECTION 3 . Section 3 of Chapter 23B of the General Laws is hereby amended by inserting after the second use of the word “elderly” under part “(u)” the following words:- Provided that no regulation, rule or policy shall prohibit the keeping of dogs based on the dog’s breed, size or weight.

SECTION 4 . Chapter 175 of the General Laws is hereby amended by adding the following section:

Section 231. An insurance company offering homeowners insurance coverage or renters insurance coverage that issues a policy or contract insuring against liability for injury to a person or injury to or destruction of property arising out of the ownership or lease of residential property shall not refuse to issue or renew, cancel or charge or impose an increased premium or rate of such a policy or contract based in whole or in part upon the harboring of a specific breed of dog upon the property.

Nothing in this section shall not prohibit an insurer from refusing to issue or renew or from canceling a contract or policy or from imposing an increased premium or rate for a policy or contract if any such dog being harbored on the property has been designated as a dangerous dog pursuant to law.

SECTION 5 . Section 3 of Chapter 23B of the General Laws is hereby amended by inserting the following:- (w) establish, conduct and maintain a program of pet ownership by residents of state-aided public housing. Provided that no regulation, rule or policy shall prohibit the keeping of dogs based on the dog’s breed, size or weight.

SECTION 5.  Section 32 of Chapter 121B of the General Laws is hereby amended by inserting the following after the words “(i) The applicant or any household member does not intend to occupy public housing, if offered, as his primary residence”:- However, in determining whether an applicant is eligible for tenancy in a property or if a current tenant can remain in a property, no property owned, managed or operated by an authority may make such a determination based on the size, weight or breed of a dog owned or cared for by the person.