SENATE, No. 745

By Mr. Baddour (by request), a petition (accompanied by bill, Senate, No. 745) of Brian Coppola for legislation to require all newly built and constructed houses and or newly renovated houses be made adaptable to wheelchair accessibility at the time of purchase by a buyer or at the time of renovation by the owner. Housing.
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The Commonwealth of Massachusetts

Seal of the Commonwealth of Massachusetts

In the Year Two Thousand and Seven.

AN ACT requiring that all newly built and constructed houses and or newly renovated houses be made adaptable to wheelchair accessibility at the time of purchase by a buyer or at the time of renovation by the owner

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1.  Whereas, I, Brian J. Coppola of Methuen, Massachusetts, Residing in the county of Essex do hereby petition that the Massachusetts Legislature, otherwise known as the General Court do hereby enact, adopt and pass the following into law.; and

Whereas, In Memory of my beloved sister Diane A. Dunn, who died of Terminal Lung Cancer on July 25, 2006 and in Honor of my beloved Nephew, Daniel Chasse;

Section 2.  Be it enacted that any and all new homes, which are built for sale or for a particular buyer or family unit, must contain in its construction at least one flat entrance to accommodate the use of a wheelchair, power chair, scooter or any other device that aids someone who has or may have mobility problems, such as limited walking capability, paralysis, or any other deficiencies that may require the use of said mobility aids, should there ever be a time that one of the occupants of the newly constructed house or abode may need.

Be it further enacted that any and all newly constructed house or home must have at least two of its bedrooms on the first floor and all of the main areas of said newly constructed house or home located on the first floor. Such common areas shall include but not be limited to kitchen, bathrooms, family or living rooms, laundry and cleaning areas.

Be it further enacted that any and all additional accommodations needed by an occupant or dweller, who may have a disability or impairment that limits his/her mobility should such occasion occur, shall have such accommodations supported out of pocket or with the assistance of state or federal funding programs. Should said person with mobility problems or impairments be deemed low income, as defined by the federal guidelines of the poverty level or receive public assistance such as SSI,( Supplemental Security Income), SSDI, and or Medicaid and Medicare or both or all of the afore mentioned public assistance programs, and a loan is required to make the required accommodations, such lenders providing said loan to make such modifications and that receive any funding from the Commonwealth of Massachusetts shall only charge payback of the principal amount of the loan, when a modification to a home is needed to accommodate a disabled dweller, who is receiving said public assistance such as SSI, (Supplemental Security Income), SSDI and or Medicare, Medicaid or both or all of the afore mentioned public assistance.

Be it further enacted that the same shall hold true for any and all renovated residential buildings in the Commonwealth of Massachusetts, unless doing so would place an undue hardship on the owner or that of the lending institution, who would be lending the funds to have constructed renovations done to one’s home. Renovations shall include but not be limited to additions, major remodeling or that of rebuilding entrances to the house, such as at the time that a new porch or patio is being built. Be it further enacted that historical preservation of the home shall be exempted from this requirement, unless there is to be undertaken a major renovation that would include but not be limited to an addition, rebuilding of the stairway of one of the entrances or a major overhaul of such residence.

Be it further enacted that should modifications to a home or resident need to be made due to the fact that one of or any or all of the occupants or dwellers are mobility impaired or require the use of a wheelchair, power chair, scooter or any other device that aids someone in their independent mobility, said funding shall be made either by loan with no interest rate if by the Commonwealth of Massachusetts, or by a small interest rate not to exceed five percent (5%) of the principal, if funding is provided by a private lending institution that receives state funding or does any business with the Commonwealth of Massachusetts State government as an entity.

Be it further enacted that said modifications that are being made to a resident for the purpose of accommodating a handicapped person and or their caregiver shall be exempt from any and all property taxes so applied in the Commonwealth of Massachusetts, and or the municipality where said disabled person lives and resides, as such accommodation modifications shall be deemed as a necessity renovation and or modification to one’s dwelling under the provisions of this law.