Massachusetts H 4783: An Act relative to reaffirming the rights of individuals experiencing homelessness

Bill Text

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HOUSE DOCKET, NO. 5342 FILED ON: 11/14/2025
HOUSE . . . . . . . . . . . . . . . No. 4783

The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Lindsay N. Sabadosa
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to reaffirming the rights of individuals experiencing homelessness.
_______________
PETITION OF:

NAME: DISTRICT/ADDRESS: DATE ADDED:
Lindsay N. Sabadosa 1st Hampshire 11/14/2025

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HOUSE DOCKET, NO. 5342 FILED ON: 11/14/2025
HOUSE . . . . . . . . . . . . . . . No. 4783
By Representative Sabadosa of Northampton, a petition (subject to Joint Rule 12) of Lindsay N.
Sabadosa relative to the rights of individuals experiencing homelessness. The Judiciary.

The Commonwealth of Massachusetts

_______________
In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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An Act relative to reaffirming the rights of individuals experiencing homelessness.

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

1 SECTION 1. Chapter 23B of the General Laws is hereby amended by adding the
2 following section:-
3 Section 37. (a) As used in this section, the following terms shall, unless the context
4 clearly requires otherwise, have the following meanings:
5 “Adequate alternative indoor space”, a space that: (i) is legally and physically accessible
6 to an individual; (ii) does not require them to sacrifice any other personal right afforded to them
7 under federal, state or local law; and (iii) is available indefinitely to the individual without
8 requiring daily re-application, at no charge, and accommodates any disabilities, as well as pets,
9 partners (whether legally married or not), family members, other support persons and
10 possessions the individual wishes to bring with them.
11 “Adequate alternative indoor space” may include a “tiny home” or similar structure;
12 provided, that it includes locking doors, is climate-controlled appropriate to its local climate

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13 conditions, and includes either its own sanitary and cooking facilities or common facilities
14 sufficient to the population of the tiny home community. Alternative indoor space in a
15 neighboring jurisdiction is presumptively inaccessible, unless adequate transportation is
16 available, at no cost to the individual, to ensure the individual can continue to attend to any
17 personal or professional business in the jurisdiction of origin.
18 “Homeless”, lacking a fixed, regular and adequate nighttime residence. The term
19 “homeless” shall include: (i) sharing the housing of other persons due to loss of housing,
20 economic hardship or a similar reason; (ii) living in motels, hotels, trailer parks or camping
21 grounds due to the lack of alternative adequate indoor space; (iii) living in emergency or
22 transitional shelters; (iv) abandonment in hospitals; (v) awaiting foster care placement; (vi)
23 inhabiting a private place not designed for or ordinarily used as a regular sleeping
24 accommodation for human beings, within the meaning of section 42 USC § 11302(a)(2)(C); and
25 (vii) living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train
26 stations or similar settings.
27 “Life sustaining activities”, includes, but is not limited to, moving, resting, sitting,
28 standing, lying down, sleeping, protecting oneself from the elements, eating, drinking and storing
29 such personal property as needed to safely shelter oneself.
30 “Motor vehicle”, as defined in section 1 of chapter 90.
31 “Public land”, any property that is owned or leased, in whole or in part, by any state or
32 local government entity or any property upon which there is an easement for public use and that
33 is held open to the public, or any federal land where local law enforcement has jurisdiction to
34 enforce local laws, including, but not limited to plazas, courtyards, parking lots, sidewalks,

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35 public transportation facilities and services, public buildings, shopping centers, underpasses and
36 lands adjacent to roadways, and parks.
37 “Recreational vehicle”, as defined in section 20 of chapter 90B.
38 (b)(1) It shall be an affirmative defense to a criminal or civil charge of violating a statute
39 or ordinance criminalizing a life-sustaining activity that the individual had no access to an
40 adequate alternative indoor space in which to undertake the prohibited conduct.
41 (2) Once the defense is raised, the prosecution shall have the burden of proving that
42 adequate alternative indoor space was available to the defendant at the time of the alleged
43 offense.
44 (c) All persons experiencing homelessness shall have the right to use public spaces
45 without discrimination based on housing status