PETITION OF:

SECTION 1. Chapter 186 of the General Laws, as appearing in the 2002 Official

Edition, is hereby amended by adding after section 21 the following section:—

Section 22. (a) For the purposes of this section the following words shall have the following meanings:

“Domestic violence” shall have the same meaning as “abuse” as set forth in section 1 of chapter 209A.

“Rape”, the commission of any act as set forth in section 22 of chapter 265 or sections 2, 3 or 17 of chapter 272. “Sexual assault”, the commission of any act as set forth in sections 13F or 24 of chapter 265 or sections 3 or 17 of chapter 272.

“Stalking”, the commission of any act as set forth in section 43 of chapter 265.

“Qualified third party”, a police officer, licensed medical care provider, an employee of a court of the state acting in the course of his or her duties, member of the clergy, attorney, social worker, licensed mental health professional or other licensed counselor, or advocate working at an agency that assists victims of domestic violence, sexual assault, or stalking.

(b)(1) If a tenant notifies the landlord in writing that the tenant is a victim of domestic violence, rape, sexual assault or stalking, and any one of the following applies, then subsection © of this section shall apply:—

(i) The tenant has a valid order for protection under chapter 209A;

(ii) The tenant has notified a law enforcement officer of an act or acts of domestic violence, rape, sexual assault or stalking; or

(iii) The tenant has consulted with a qualified third party and reported the domestic violence, rape, sexual assault or stalking to the qualified third party.

(2) When a copy of the order for protection, police report, or verification of consultation with or report to a qualified third party, as required under (1) of this subsection, is made available to the landlord, the tenant may terminate the rental agreement and quit the premises without further obligation under the rental agreement. However, the request to terminate the rental agreement must occur within 90 days of the most recent acts, events, or circumstances that gave rise to the protective order, report to a law enforcement officer, or consultation with or report to a qualified third party. Verification of consultation with or reporting to a qualified third party shall consist of a signed statement of the qualified third party or a form routinely provided by the qualified third party for completion by clients. Such statement or form shall include a declaration by the tenant that the statements contained therein are true and correct under the pains and penalties of perjury.

© A tenant who terminates a rental agreement under this section is discharged from the payment of rent for any period following the quitting date, and is entitled to a pro rata refund of any prepaid rent, and shall receive a full and specific statement of the basis for retaining any of the deposit together with any refund due. Other tenants who are parties to the rental agreement are not released from their obligations under the rental agreement or other obligations under this chapter.

(d)(1) A landlord may not terminate a tenancy, fail to renew a tenancy, or refuse to enter into a rental agreement based on the tenant’s or applicant’s status as a victim of domestic violence, sexual assault or stalking, or based on the tenant or applicant having terminated a rental agreement under subsection (b) of this section.

(2) A landlord who refuses to enter into a rental agreement in violation of this section may be liable to the tenant or applicant in a civil action for damages sustained by the tenant or applicant. The prevailing party may also recover court costs and reasonable attorneys’ fees.

(3) It is a defense under section 8A of chapter 239 in a summary process action if the landlord is in violation of subsection (b) of this section.

(4) This section does not prohibit adverse housing decisions based upon other lawful factors within the landlord’s knowledge. (e)(1) A tenant screening service provider may not include information in a written or oral report to a landlord pertaining to domestic violence, rape, sexual assault or stalking; pertaining to the fact that the subject of the report is a victim of domestic violence, rape, sexual assault or stalking; or stating that the subject of the report has terminated a rental agreement under subsection (b) of this section.

(2) A tenant screening service provider who violates this section may be liable in a civil action for damages sustained by the subject of the report. The prevailing party may recover court costs and reasonable attorneys’ fees.