Friday, March 26, 2010

A new Domestic Violence bill (SB2274)


Alert
SB 2274 UPDATE March 3,2010
Update on S B 2274 An Act relative to housing rights for victims of domestic violence.
A new Domestic Violence bill (SB2274) has come out of the Joint Judiciary Committee with significant changes to the original legislation. This bill is a vast improvement over the original House and Senate bills. It seems the committee listened to the testimony of MRHA members who testified at these public hearings. Read the bill at www.massrha.com.
Basically the bill would make victims of domestic violence a protected class. Landlords would not be able to deny renting to tenants that can prove they are victims of domestic abuse by a "qualified third party" which includes licensed mental health professionals, law enforcement officers, officers of the court, licensed doctors, and others.
SB2274 will allow a tenant (victim of domestic violence) to break a lease without the loss of any money beginning the following month. After a do- mestic violence event the tenant has up to six months to move under this provision. Any last month rent or security deposit would be returned unless the owner has cause to keep a portion of security deposit.
The landlord would not be able to evict a tenant who is sheltering a domestic abuse victim (sibling, friend) move in to their unit for less than four weeks.
The landlord would retain the right to evict a tenant if they become a problem for other tenants or cause damage, but could not evict for the domes- tic violence event.
"Nothing in this section shall interfere with any rights or remedies not proscribed herein and available to an owner to protect other occupants or other persons lawfully on the premises or to protect the premises from physical harm."
The last provision of the bill is that at the tenant can ask that the exterior locks of the building be changed. If so requested, the owner, upon ac- knowledgement of the tenant being a victim of domestic violence, rape, sexual assault or stalking, has forty-eight hours to comply. The tenant can be charged "the normal cost in the community" for the locks to be replaced.
This bill is now heading to the Ways and Means Committee and if passed favorably in that committee then there will likely be a vote on the floor.
All landlords in the state owe a debt of gratitude to MRHA members who took the day off from work to testify and to those who called or wrote their legislators about their concerns. Because of their testimony we now have a bill that is a significant improvement over the original legislation. It rec- ognizes the rights of other tenants and physical damage done to the property.
To voice your concerns about this bill you should contact your legislator if they sit on the Ways and Means Committee. It is too early to contact all our reps until we know what changes the Ways and Means committee makes.
### MRHA is closely monitoring this bill!
THIS BILL WILL HAVE TO PASS THE WAYS AND MEANS COMMITTEE THEN BE VOTED ON IN THE FULL LEGISLATURE.
Find out who your Representatives and Senators are www.mass.gov and click on "legislators" on your left, or www.wheredoivotema.com and enter your street address.

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