Amendment #119 to H4707

Pet-Friendly Housing

Ms. Kilcoyne of Clinton moves to amend the bill by adding at the end thereof the following sections:

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

Section 5C. Explicitly Authorizing Continuation of Existing Pet-Friendly Program in Elderly Public Housing.

The executive office of housing and livable communities is hereby authorized, empowered and directed to continue to conduct and maintain a program of pet ownership by elderly residents of state-aided public housing for the elderly. For the purposes of this section a pet shall mean any domesticated animal that is commonly kept in a household, such as a cat, dog, gerbil, or hamster. Such program shall not prohibit the keeping of dogs based on the dog’s breed, size, weight or appearance.

Any local housing authority that violates this section shall be subject to a civil penalty of not less than two hundred dollars and not more than two thousand dollars per tenant involved in the violation.

SECTION XX. Chapter 23B of the General Laws is hereby further amended by inserting after section 5C the following new section:-

Section 5D. Facilitating Creation of a Pilot Program and Expanded Pet-Friendly Public Housing.

(a) Pilot Program.

The executive office of housing and livable communities is hereby authorized and empowered to establish a pet-friendly public housing pilot program for any state-aided public housing, including public housing not covered by section 5C. Provided, however, that after any pet-friendly public housing pilot program period, a participating state-aided public housing facility may not evict or deny a lease to a resident participating in the pilot program based on the presence of a pet owned or acquired by that tenant during the pilot program period.

A state-aided public housing facility may require a tenant participation application for the purpose of collecting relevant information about a pet, such as spay or neuter and vaccination status; dog bite history or dangerousness declaration; and an emergency pet care contact.

A state-aided public housing facility shall not prohibit the keeping of dogs based on the dog’s breed, size, weight or appearance; require pet declawing; require a pet deposit greater than 160 dollars or one month of rent, whichever is less; or evict a tenant based solely on the presence of a pet.

(b) Advisory Group.

To support implementation of pet-friendly public housing policies, such as the existing program for elderly residents in public housing for the elderly and the existing programs at housing authorities, there shall be an advisory group that consists of the following eight members: the secretary of the executive office of housing and livable communities or a designee; a representative of a local housing authority; two representative of a local tenant organization in state-aided public housing; a representative of the Massachusetts commission against discrimination; a representative of a tenants’ rights organization; a representative of the Massachusetts Society for the Prevention of Cruelty to Animals; and a representative of the Animal Rescue League of Boston. The members of the advisory group shall appoint a chair.

The advisory group shall assist with:

(i) the continued implementation of existing pet-friendly policies and development of expanded pet-friendly policies, including any pet-friendly public housing pilot program;

(ii) the development of pet-friendly policies suitable for various types of housing catering to various residents, including an apartment complex, single-family and multi-family home, and congregate living;

(iii) the creation of guidance for the establishment and operation of a pet committee and a pet grievance panel at housing authorities;

(iv) the creation of guidance for employees of housing authorities on responsibilities under section 30 of chapter 186 regarding abandoned animals;

(v) the determination of any data that should be collected by the executive office of housing and livable communities from housing authorities and participating residents;

(vi) the aggregation of existing pet adoption, ownership, and care resources for housing authorities and participating residents;

(vii) the proposal of any legislative recommendations related to the creation of a permanent policy for pets in state-aided public housing, to be submitted to the clerks of the senate and the house of representatives and the chairs of the joint committee on the housing;

(viii) the determination of whether and what subsequent meeting schedule or reports may be necessary to properly address the goals of the advisory group; and

(ix) other pet-friendly policies and programs as determined jointly with the executive office.

(c) Civil Penalty.

Any local housing authority that violates this section shall be subject to the penalty established in Section 5C of Chapter 23B.

Additional co-sponsor(s) added to Amendment #119 to H4707

Pet-Friendly Housing