HOUSE DOCKET, NO. 589        FILED ON: 1/13/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3005

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Mike Connolly

_________________

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 banning hostile architecture targeting unhoused individuals.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

Mike Connolly

26th Middlesex

1/13/2023

Michelle M. DuBois

10th Plymouth

1/18/2023

Lindsay N. Sabadosa

1st Hampshire

1/20/2023

Rebecca L. Rausch

Norfolk, Worcester and Middlesex

2/23/2023

James B. Eldridge

Middlesex and Worcester

3/4/2023


HOUSE DOCKET, NO. 589        FILED ON: 1/13/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3005

By Representative Connolly of Cambridge, a petition (accompanied by bill, House, No. 3005) of Mike Connolly and others for legislation to prohibit the construction of publicly accessible buildings or structures designed or intended to prevent unhoused individuals from sitting or lying on the building or structure at street level.  State Administration and Regulatory Oversight.

 

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 3963 OF 2021-2022.]

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninety-Third General Court
(2023-2024)

_______________

 

An Act banning hostile architecture targeting unhoused individuals.

 

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. Chapter 40 of the General Laws is hereby amended by adding the following section:-

Section 70. (a) For purposes of this section, the term “Hostile architecture” shall, unless the context clearly requires otherwise, mean any building or structure that is designed or intended to prevent unhoused individuals from sitting or lying on the building or structure at street level; provided, that hostile architecture shall not include design elements intended to prevent individuals from skateboarding or rollerblading or to prevent vehicles from entering certain areas.

(b) A municipality shall not install or construct hostile architecture in any publicly accessible building or on publicly accessible real property owned by or under the control of the municipality.

SECTION 2. Chapter 7C of the General Laws is hereby amended by adding the following section:-

Section 73. (a) For purposes of this section, the term “Hostile architecture” shall, unless the context clearly requires otherwise, mean any building or structure that is designed or intended to prevent unhoused individuals from sitting or lying on the building or structure at street level; provided, that hostile architecture shall not include design elements intended to prevent individuals from skateboarding or rollerblading or to prevent vehicles from entering certain areas.

(b) The commissioner shall not install or construct hostile architecture in any publicly accessible capital facility or on publicly accessible real property under the commissioner’s control or supervision.

SECTION 3. Chapter 161A of the General Laws is hereby amended by adding the following section:-

Section 53. (a) For purposes of this section, the term “Hostile architecture” shall, unless the context clearly requires otherwise, mean any building or structure that is designed or intended to prevent unhoused individuals from sitting or lying on the building or structure at street level; provided, that hostile architecture shall not include design elements intended to prevent individuals from skateboarding or rollerblading or to prevent vehicles from entering certain areas.

(b) The authority shall not install or construct hostile architecture in any publicly accessible mass transportation facilities under the authority’s control or supervision.

SECTION 4. Chapter 265 of the General Laws is hereby amended by adding the following section:-

Section 73. (a) For purposes of this section, the term “Hostile architecture” shall, unless the context clearly requires otherwise, mean any building or structure that is designed or intended to prevent unhoused individuals from sitting or lying on the building or structure at street level; provided, that hostile architecture shall not include design elements intended to prevent individuals from skateboarding or rollerblading or to prevent vehicles from entering certain areas.

(b) Whoever installs or constructs hostile architecture on any publicly accessible real property shall be punished by a fine of not more than $500 for each day in violation of this section.