An Act relative to enhancing child safety

194th Legislature (2025-2026) Introduced by Jim O'Day

Requires landlords to install window guards in high windows for units with children under 10, at no cost to tenants, with limited removable access and civil penalties for noncompli

Overview

HD 971, titled An Act relative to enhancing child safety, is a proposed Massachusetts bill introduced to improve child safety in residential settings by ensuring window guards are installed in high, hazardous windows in units with young children. The bill inserts a new section (Chapter 111, Sec. 127Q) and is referred to the Public Safety and Homeland Security committee. The bill, introduced in the 2025-2026 General Court, aims to require landlords to install window guards at no cost to tenants when there are children under 10 in the unit and to impose penalties for discriminatory noncompliance.

Key Provisions

New Section 127Q added to Chapter 111: Window guards obligation

Applicability: Landlords of residential units with any window higher than 6 feet off the ground.
Tenant notification: Landlord must inform the tenant that window guards will be installed if the tenant documents the presence of children under 10 in the unit.
Cost: Installation of window guards to be at no additional cost to the tenant.
Guard accessibility/removal:
If the window serves as an access to fire escapes or structural egress, the guard must be removable.
Guards must remain in place and not be removed by the tenant except for emergency egress during a fire or hazardous materials incident.
Leasing impact: The landlord’s obligation to install guards does not affect the tenant’s ability to lease the unit.
Compliance and penalties: Discrimination or noncompliance by the landlord is punishable by a civil fine of at least $250 and up to $500.

Who is Affected

Landlords and property managers with residential units containing windows higher than 6 feet.

Tenants (or potential tenants) in units where children under 10 live or will live, who document the presence of such children to trigger installation.

Property owners who may face civil penalties for discriminatory practices related to this requirement.

Procedural/Timeline Aspects

Status: Proposed bill (HD 971) introduced in the 2025-2026 General Court; filed January 14, 2025; presented by Rep. James J. O’Day.

Committee path: Referred to the Public Safety and Homeland Security committee (as indicated in the bill’s classification and docket information).

Enactment potential: Requires passage by both chambers of the Massachusetts General Court and signature by the Governor to become law. The current text outlines the requirements but does not establish a schedule.

Implementation Notes

Window guards must be installed at no cost to tenants, with guard-removal exceptions limited to emergency egress scenarios.

Guards designated for fire escape access must be removable to ensure safe egress in emergencies.

This bill focuses on reducing fall hazards for children in multi-story residential settings by mandating protective guards and establishing penalties for discriminatory noncompliance.

Bill