Bill
S 1733
Strengthen Massachusetts accessibility rules by expanding AAB scope and housing/parking standards to require adaptable units, reserved disabled parking, and stricter design complia
Note on source materials
- The bill text filed as Senate No. 1733 (docketed 1/7/2025) addresses accessibility and amendments to the Architectural Access Board (chapter 22, section 13A). The header information provided with this request also included an unrelated water-quality title; this summary follows the bill text and docket (accessibility) rather than the mismatched water-quality title.
Purpose and intent
- To strengthen and modernize Massachusetts’ accessibility standards by (1) revising the membership and rulemaking authority of the Architectural Access Board (AAB); (2) expanding the scope of buildings and facilities covered (including areas not generally in public use); and (3) setting or clarifying minimum standards for accessible dwelling units, parking and design features so state rules align with or exceed federal fair housing and ADA standards.
Key provisions and changes
- AAB membership: Rewrites appointive-member requirements so that two appointees must be licensed architects, one must be a licensed building inspector, and three appointees are chosen after consultation with disability advocacy organizations.
- Expanded scope: Replaces references to “buildings” with “buildings and facilities,” and explicitly includes areas not generally in public use among places subject to AAB rules.
- Terminology: Replaces outdated terms (e.g., “handicapped persons”) with “persons with a disability.”
- Parking: Requires owners or controllers of improved/enclosed private off‑street parking areas (where the public has access) to reserve parking for vehicles displaying disabled plates/placards; parking requirements must be consistent with the ADA Standards for Accessible Design and be clearly marked.
- Accessible housing standards:
- The board must create rules to make dwelling units adaptable or accessible for persons with physical disabilities for: (i) all units in multiple dwellings with elevators; (ii) all ground‑floor units in multiple dwellings without elevators; and (iii) public and common use portions of such dwellings, with special provisions for buildings constructed before March 13, 1991.
- For lodging/residential facilities with 20+ units, at least 5% of units must be accessible (with a wheelchair turning radius of 5 feet in kitchens and bathrooms). The AAB may adjust this percentage (below 5% or up to 10%) for specific areas if supported by data (e.g., central registry of the Massachusetts Rehabilitation Commission).
- Rulemaking: Directs the board to promulgate detailed architectural standards and procedures (in accordance with chapter 30A) to provide rights/remedies substantially equivalent to or greater than the federal Fair Housing Act and ADA standards.
Who is affected
- People with disabilities (greater access to housing, public spaces and parking).
- Architectural Access Board (expanded membership and rulemaking duties).
- Municipalities, building owners, landlords, lodging operators, and developers (additional design/retrofit requirements and potential obligations for reserved parking and adaptable/accessible units).
- Disability advocacy organizations (formal consultation role in appointments).
Procedural status and timeline (as recorded)
- Introduced in the Senate: May 13, 2025 (docket initially filed 1/7/2025).
- Referred to committees including Environment and Public Works; hearings scheduled (e.g., 06/26/2025) and held (07/23/2025).
- Recorded status: REFERRED TO ENVIRONMENTAL CONSERVATION. (Legislative action records contain date inconsistencies across entries; consult the official legislative clerk or bill page for the authoritative chronology and current status.)
Potential impacts
- Expected to increase accessibility in housing and public facilities across the Commonwealth, improving mobility and independence for people with disabilities.
- May increase design, construction, and retrofit costs for developers and property owners to meet expanded requirements and minimum accessible-unit quotas, with action deferred to the AAB via rulemaking for many technical details.
- Gives disability advocates a clearer consultative role in board composition, potentially changing policy emphasis and enforcement.
Compiled from official sources — confirm details with the bill’s official record.
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