Pets in Housing (Massachusetts)

The Animal Legal Defense Fund supports this bill.

Sponsors: Sen. Payano (D-First Essex), Reps. Dave Rogers (D-24th Middlesex), and Sam Montaño (D-15th Suffolk) filed S.1022/H.1559; Rep. Tacky Chan (D-2nd Norfolk) filed H.1476

Introduction Date: Introduced in the 2025-26 legislative session; referred to the Joint Committee on Housing

It’s not uncommon for families to be told to choose between keeping their companion animals or keeping their housing or the insurance for that housing. Legislation filed this session would help improve access to affordable, stable, and adequately insured housing for families with companion animals.

An Act to Maintain Stable Housing for Families with Pets (S.1022/H.1559) contains several provisions to keep families — two and four-legged — housed together, including

• During a state of emergency, would ensure hotels allow companion animals and, for a year after the emergency, prevent evictions based solely on the presence of a dog without written permission;
• State-aided housing would maintain and expand the existing pet-friendly program;
• Rental housing would cap “pet rent” for companion animals and prohibit it for service animals; and
• Insurance for homeowners and renters would prohibit discrimination against families based solely on their dog’s breed. An Act to Codify Pet-Friendly Elderly Housing Policies and Ensure Pet Parity Across Housing Authorities (H.1476) would reinstate the statutory requirement for a pet program in elderly state-aided housing. It would also expand the pet program to all state-aided housing and without restrictions on dog breed, size, or appearance. Finally, it would create an advisory group to help implement pet-friendly policies in state-funded housing.

A growing number of jurisdictions have adopted housing policies that do not discriminate against responsible animal guardians. For example, Washington D.C. enacted B25-0827, the Pets in Housing Amendment Act of 2024, which limits the pet fees and deposits landlords can charge tenants; prohibits discrimination based on a dog’s breed, size, and weight; and improves access to shelter for unhoused people with their pets. In 2023, Colorado enacted legislation which — among other provisions —limited pet rent and prohibited homeowners’ and renters’ insurance companies from discriminating based on a dog’s breed. (Legislators in Colorado are currently considering HB 25-1207 to remove additional barriers to housing for families with companion animals, including by preventing dog-breed-based discrimination in landlord liability underwriting policy and by requiring that publicly-funded housing units financed by the Department of Local Affairs and the Colorado Housing and Finance Authority be pet-friendly.) In 2023, Illinois also enacted legislation to prohibit homeowners’ insurance from discriminating based on breed. Effective in 2023, Florida prohibits public housing authorities from adopting policies banning dogs based on breed, size, or weight.

Why is this legislation important?

The housing-shortage crisis impacting every community in Massachusetts is exacerbated for families with companion animals. In Massachusetts, a minority of rental housing accepts dogs and fewer still accept companion animals without discrimination based on a dog’s breed or size. Animal relinquishment to Massachusetts shelters is often due to barriers in housing, including lack of “pet-friendly” housing and pet-related fees, such as pet rent. Discrimination against dogs based on their breed and size often impacts access to housing as well as access to homeowners and renters’ insurance. Dogs should be judged as the individuals they are — not based on outdated and long-ago-disproven stereotypes. If properties choose to allow dogs, they should not be able to discriminate based on size or perceived breed.

In 2012, the Massachusetts legislature recognized the irrelevance of dog breed in assessing the risk posed by dogs when it passed a comprehensive law that strengthened the Commonwealth’s dangerous dog law and prohibited municipalities from discriminating against dogs based on breed because no such legislation has ever proven effective at reducing dog bites. It is time for the same standard to be applied to the housing and insurance industry.

For more information about animal protection legislation in Massachusetts and opportunities to take action for animals, visit aldf.org/massachusetts.