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S 1152

An Act relative to rental protections for elderly, disabled and low-to-middle income tenants

194th Legislature (2025-2026) Introduced by Jamie Eldridge and 2 co-sponsors

Allows elderly, disabled, and low-to-moderate income tenants to terminate a lease with 30 days' written notice without penalties when moving into qualifying housing.

Bill reported favorably by committee and referred to the committee on Senate Ways and Means
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Bill Summary · S 1152

Summary — S.1152: "An Act relative to rental protections for elderly, disabled and low‑to‑middle income tenants"

Note on documents provided
- The packet included two different pieces of legislation both labeled “S 1152.” This summary focuses on the rental‑protections measure (Massachusetts Senate Docket No. 1223 / proposed addition to Chapter 186) described in the bill title. An unrelated Idaho bill also labeled SB 1152 (jurisdiction over civilians on military installations) appears in the materials; a brief note about that bill is provided at the end.

Purpose
- To give certain tenants (elderly, persons with disabilities, and low‑to‑moderate income households) a statutory right to terminate a residential lease or tenancy without penalty when they apply for and are accepted into specified types of housing for which they qualify (e.g., nursing homes, assisted living, elderly housing, public or publicly‑assisted housing, age‑restricted 55+ housing, low/moderate income housing).

Key provisions
- Definitions: “Tenant” = person in oral or written lease who is (i) age 65+, (ii) a person with a disability as defined in 42 U.S.C. §12102, or (iii) with income at or below 80% of area median income (HUD).
- Termination right: Tenant may terminate a rental agreement by providing written notice to the property owner that the tenant applied for and was accepted into qualifying housing. Notice must be given at least 30 days prior to termination.
- No penalty: A tenant who gives at least 30 days’ written notice under this section is not subject to penalties or liability for remaining lease term.
- Non‑discrimination: Property owners may not refuse to rent, and housing subsidy providers may not deny assistance, based on an applicant’s prior termination of a tenancy under this provision.
- Void waivers: Lease provisions that waive this termination right are void and unenforceable.
- Enforcement: Superior, housing, district and Boston municipal courts have equity jurisdiction to restrain violations.
- Rulemaking: The Department of Housing and Community Development (DHCD) must promulgate rules and may further define qualifying housing types.

Who would be affected
- Tenants meeting the age, disability or income criteria who move into qualifying institutional, elderly, or income‑restricted housing.
- Landlords and property owners of residential rental units in the Commonwealth, who may see earlier-than-expected vacancies.
- Housing subsidy programs and providers (prohibited from denying assistance based solely on prior terminations under this section).
- Courts and DHCD (rulemaking, enforcement).

Procedural status and timeline (from provided materials)
- Filed as Senate Docket No. 1223 (S.1152). Sponsors listed on the MA docket: Jason M. Lewis, Mark C. Montigny, James B. Eldridge.
- Hearing scheduled: 10/21/2025, 1:00–5:00 PM in A‑2.
- The bill text adds Section 32 to Chapter 186 of the Massachusetts General Laws; DHCD must adopt implementing regulations.

Potential impacts and considerations
- Tenant protections: Eases transitions into appropriate care or subsidized housing without facing financial penalties.
- Landlord/market effects: Could increase short‑notice turnover, affecting cash flow, re‑letting costs, and screening practices; potential need for landlord policy adjustments.
- Implementation: DHCD rulemaking will shape scope (additional qualifying housing types, procedural details). Courts are available for enforcement; practical enforcement patterns will depend on litigation and administrative guidance.

Unrelated bill in materials
- The packet also included an Idaho Legislature SB 1152 (2025) concerning transfer of state jurisdiction over civilian offenders on U.S. military lands to Idaho courts upon a federal request and governor acceptance. That is a distinct subject and jurisdiction from the Massachusetts rental protections bill.

Compiled from official sources — confirm details with the bill’s official record.

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