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SD 1223

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

194th Legislature (2025-2026) Introduced by Jason Lewis and 1 co-sponsor

The bill lets eligible tenants (65+, disabled, or at or below 80% AMI) terminate for relocation to suitable housing with 30 days’ notice, without penalties.

House concurred
0
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Bill Summary · SD 1223

Summary: An Act relative to rental protections for elderly, disabled and low-to-middle income tenants (Senate Docket No. 1223)

Overview

This bill adds new protections to Chapter 186 of the General Laws to support tenants who are elderly, disabled, or have income at or below 80% of the area median income (AMI). Its core goal is to facilitate orderly relocation into suitable housing options without penalty, while safeguarding tenants’ rights and ensuring access to appropriate housing.

Key Provisions

  • Definition of “tenant.” Expands the term to include:

    • A person 65 years of age or older
    • A person with a disability (as defined in 42 U.S.C. § 12102)
    • A person with income at or below 80% of the area median income per HUD

  • Right to terminate to move into suitable housing. A covered tenant may terminate a rental agreement or tenancy by providing written notice to the property owner that they have been admitted to housing for the elderly, disabled, or low-to-moderate income. Eligible housing types include:

    • Nursing homes (licensed under §71 of ch. 111)
    • Assisted living residences (certified under §3 of ch. 19D)
    • Elderly housing (as defined in §1 of ch. 19D)
    • Public housing developments (defined in §32B of ch. 121B)
    • Publicly-assisted housing (defined in §1 of ch. 40T)
    • Age-restricted housing (55+)
    • Low or moderate income housing (defined in §20 of ch. 40B)
    • The notification must be at least 30 days before the termination date

  • Protection against penalties. Tenants giving at least 30 days’ notice shall not incur penalties or liability for remaining terms of the lease.

  • Non-discrimination in housing access. Landlords and housing subsidy providers may not deny entry/assistance based on termination under this provision.

  • Waivers void. Any lease clause attempting to waive this right is void and unenforceable, except as otherwise provided by law.

  • Enforcement. Civil relief is available in equity through the courts (Superior, Housing, District, and Boston Municipal Court) to restrain violations (subsections (b)–(d)).

  • Administrative implementation. The Department of Housing and Community Development (DHCD) must promulgate rules to implement the section, including potentially adding more housing types covered by the provision.

Who is Affected

  • Tenants who are 65+, have a disability, or earn at or below 80% AMI
  • Property owners and housing subsidy providers
  • Housing programs and developments that fall under the enumerated housing categories
  • Courts with equity jurisdiction for enforcement

Legislative History & Status

  • Introduced: February 27, 2025
  • Referred to: The Judiciary (February 27, 2025)
  • House concurrence: February 27, 2025
  • Status: House concurred (as of the provided information)

Practical Implications

  • Creates a clear path for eligible tenants to relocate to appropriate housing with protected termination rights.
  • Aligns tenant relocation with housing affordability and care needs, potentially affecting turnover dynamics and landlord planning.
  • Requires DHCD rulemaking to define additional eligible housing types and operational details.

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

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