Amendment 332

Amendment ID: S2834-332-R1

Redraft Amendment 332

Protecting tenants from dangerous or unsafe living conditions

Mr. Montigny moves that the proposed new text be amended by inserting after section 45 the following section:-

“SECTION 45A. Chapter 184 of the General Laws is hereby amended by inserting after section 23D the following section:-

Section 23E. (a) For the purposes of this section, the following words shall have the following meanings unless the context clearly requires otherwise:-

“Portable cooling device”, air conditioners and evaporative coolers, including devices designed to be mounted in a window or placed on the floor but not including devices which require alteration to the dwelling unit for its installation or use.

(b) A provision in a condominium’s governing document that restricts or prohibits the installation or use of a portable cooling device is void and unenforceable unless: (i) the installation or use of the device would: (A) violate building codes or state or federal law; (B) violate the device manufacturer’s written safety guidelines for the device; (C) interfere with the common areas and facilities of the condominium; or (D) require amperage to power the device that cannot be accommodated by the power service to the building, unit or circuit; (ii) the device is designed to be mounted in a window and: (A) said window is a necessary egress from the unit; (B) the device would interfere with the unit owner’s ability to lock a window that is accessible from outside; (C) the device requires the use of brackets or other hardware that would damage or void the warranty of the window or frame, puncture the envelope of the building or otherwise cause significant damages; (D) the restrictions require that the device be adequately drained to prevent damage to the dwelling unit or building; or (E) the restrictions require that the device be installed in a manner that prevents risk of falling; (iii) the building is cooled through a central air conditioning system; or (iv) the restrictions only require that the device be: (A) installed by building maintenance or a licensed contractor; or (B) removed from October 1 to April 30, inclusive.”; and

by inserting after section 47 the following section:-

“SECTION 47A. Chapter 186 of the General Laws is hereby amended by inserting after section 14 the following section:-

Section 14A. (a) For the purposes of this section, the following words shall have the following meanings unless the context clearly requires otherwise:

(b) A landlord may not prohibit or restrict a tenant from installing or using a portable cooling device of the tenant’s choosing unless: (i) the installation or use of the device would: (A) violate building codes or state or federal law; (B) violate the device manufacturer’s written safety guidelines for the device; (C) damage the premises or render the premises uninhabitable; or (D) require amperage to power the device that cannot be accommodated by the power service to the building, dwelling unit or circuit; (ii) the device would be installed in a window and: (A) the window is a necessary egress from the dwelling unit; (B) the device would interfere with the tenant’s ability to lock a window that is accessible from outside; (C) the device requires the use of brackets or other hardware that would damage or void the warranty of the window or frame, puncture the envelope of the building or otherwise cause significant damages; (D) the restrictions require that the device be adequately drained to prevent damage to the dwelling unit or building; or (E) the restrictions require that the device be installed in a manner that prevents risk of falling; (F) the restrictions require that the device be (1) installed or removed by the landlord or landlord’s agent; (2) subject to inspection or servicing by the landlord or landlord’s agent; or (3) removed from October 1 through April 30; or (iii) the landlord provides cooling to the dwelling unit through a central air conditioning system.

(c) A landlord may not enforce a restriction on portable cooling devices against a tenant allowed under subsection (b) unless the restriction is in writing and delivered to the tenant.

(d) A landlord is immune from liability for any claim for damages, injury or death caused by a portable cooling device installed by the tenant pursuant to this act.

(e) A landlord that limits portable cooling devices for a building under subclause (D) of clause (i) of subsection (b) shall prioritize allowing the use of devices for individuals who require a device to accommodate a disability. A landlord is not responsible for any interruption in electrical service to a portable cooling device that is not caused by the landlord, including interruptions caused by an electrical supply’s inability to accommodate the use of a portable cooling device.”.