Amendment 16 - Withdrawn

Amendment ID: S3014-16

Amendment 16

No Bad Pets, Only Bad Owners

Ms. Edwards, Mr. Lewis, Ms. Miranda and Mr. Payano move that the proposed new draft be amended by inserting after section 12 the following section:-

“SECTION 12A. (a) Massachusetts General Laws Chapter 183A is hereby amended by inserting after section 10 the following section:-

Section 10A. A condominium association, organization of unit owners or governing body established pursuant to this chapter shall not:

(i) impose an outright prohibition on the keeping of pets by unit owners or occupants;

(ii) discriminate solely based on a pet’s breed, size, weight or appearance;

(iii) require pet declawing as a condition of allowing a pet on the premises; or

(iv) impose fines, penalties or eviction based solely on the presence of a pet, where such owner or occupant has otherwise adhered to the condominium’s reasonable rules and regulations.

Reasonable rules and regulations may include, but shall not be limited to:

(i) requiring a pet deposit which shall be the lesser of $160 or one month’s common expense assessment;

(ii) limitations on the number of pets permitted in a unit based on unit size;

(iii) restrictions based on size and type of building, project or unit;

(iv) a requirement that pets be spayed or neutered; and

(v) a requirement that an owner or occupant maintain an adequate care plan for the pet, including veterinarian care and designation of an emergency contact that can care for the pet if the owner or occupant is unable to do so.

(b) Massachusetts General Laws Chapter 157B is hereby amended by inserting after section 9 the following section:-

Section 9A. A cooperative housing corporation organized pursuant to this chapter shall not:

(i) impose an outright prohibition on the keeping of pets by shareholders or occupants;

(ii) discriminate solely based on a pet’s breed, size, weight or appearance;

(iii) require pet declawing as a condition of allowing a pet on the premises; or

(iv) terminate a proprietary lease or otherwise penalize a shareholder based solely on the presence of a pet where such shareholder has otherwise adhered to the cooperative’s reasonable rules and regulations.

Reasonable rules and regulations may include, but shall not be limited to the requirements set forth in subsection (a).