SENATE DOCKET, NO. 1099 FILED ON: 1/17/2019
SENATE . . . . . . . . . . . . . . No. 781
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The Commonwealth of Massachusetts
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PRESENTED BY:
Sonia Chang-Diaz
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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 promoting fair housing by preventing discrimination against affordable housing.
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PETITION OF:
Name: | District/Address: |
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Sonia Chang-Diaz | Second Suffolk |
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William N. Brownsberger | Second Suffolk and Middlesex | 1/28/2019 |
Mike Connolly | 26th Middlesex | 1/28/2019 |
Jennifer E. Benson | 37th Middlesex | 1/30/2019 |
James B. Eldridge | Middlesex and Worcester | 1/30/2019 |
Michael O. Moore | Second Worcester | 1/30/2019 |
Kay Khan | 11th Middlesex | 1/30/2019 |
José F. Tosado | 9th Hampden | 1/30/2019 |
Daniel J. Hunt | 13th Suffolk | 1/31/2019 |
Mary S. Keefe | 15th Worcester | 1/31/2019 |
Jack Patrick Lewis | 7th Middlesex | 1/31/2019 |
Diana DiZoglio | First Essex | 2/1/2019 |
Denise Provost | 27th Middlesex | 2/1/2019 |
Joanne M. Comerford | Hampshire, Franklin and Worcester | 2/1/2019 |
Rebecca L. Rausch | Norfolk, Bristol and Middlesex | 2/1/2019 |
Elizabeth A. Malia | 11th Suffolk | 2/1/2019 |
Maria Duaime Robinson | 6th Middlesex | 3/4/2019 |
David Biele | 4th Suffolk | 3/14/2019 |
SENATE DOCKET, NO. 1099 FILED ON: 1/17/2019
SENATE . . . . . . . . . . . . . . No. 781
By Ms. Chang-Diaz, a petition (accompanied by bill, Senate, No. 781) of Sonia Chang-Diaz, William N. Brownsberger, Mike Connolly, Jennifer E. Benson and other members of the General Court for legislation to promote fair housing by preventing discrimination against affordable housing. Housing. |
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 promoting fair housing by preventing discrimination against affordable housing.
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 4 of chapter 151B of the General Laws, as appearing in the 2016 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 limit or exclude: (a) housing accommodations for families or individuals with incomes at or below 80 per cent of the area median income as defined by the United States Department of Housing and Urban Development; (b) housing accommodations with sufficient bedrooms for families with children; or (c) 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, disability condition, blindness, hearing impairment or because a person possesses a trained dog guide as a consequence of blindness, hearing impairment or other handicap.
It shall not be a violation of this chapter if a local or state government entity 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.