Bill > S1137

This bill proposes an amendment to Chapter 239 of Massachusetts General Laws to address smoking and smoke detector issues in rental housing. The legislation establishes a legal framework that creates a rebuttable presumption of smoking in a rented premises if smoke detectors have been removed, covered, rendered non-functional, or if a renter refuses an inspection by a disinterested third party. If this presumption is not successfully rebutted and the rental agreement explicitly prohibits smoking, the court shall rule in favor of the lessor (landlord) and award attorneys' fees and court costs to the prevailing party. The bill requires local boards of health, inspectional services, fire departments, or municipalities to handle smoke detector inspection requests within three business days and allows them to charge a fee to the landlord. Landlords can provide proof of smoke detector installation through various means, including condition inventories, photographs with the renter's signature, or pre-occupancy inspections. Importantly, the bill stipulates that a cause-related legal case cannot automatically become a nonpayment case solely based on court costs or attorneys' fees, and it preserves the rights of other renters who might be harmed by smoke detector removal in no-smoking housing.

Justice

https://malegislature.gov/Bills/194/S1137