Mass. Gen. Laws ch. 64G § 2

Current through Chapters 1 to 249 and Chapters 253 to 255 of the 2024 Legislative Session

Section 64G:2 - Exempted accommodations; definitions

This chapter shall not include:

(i) lodging accommodations at a federal, state or municipal institution;

(ii) lodging accommodations, including dormitories, at religious, charitable, educational and philanthropic institutions; provided, however, that the exemption allowed shall not apply to accommodations provided by any such institution at a hotel or motel generally open to the public and operated by the institution;

(iii) privately-owned and operated convalescent homes or homes for the aged, infirm, indigent or chronically ill;

(iv) religious or charitable homes for the aged, infirm, indigent or chronically ill;

(v) summer camps for children up to 18 years of age or developmentally disabled individuals; provided, however, that a summer camp that offers its facilities off season to individuals 60 years of age or older for a period of not more than 30 days in a calendar year shall not lose its exemption under this section;

(vi) bed and breakfast homes;

(vii) lodging accommodations provided to seasonal employees by employers;

(viii) alcohol and drug free housing that is certified pursuant to section 18A of chapter 17;

(ix) tenancies at will or month-to-month leases; and

(x) time-shares, as defined in section 2 of chapter 183B.

For the purposes of this section, "developmentally disabled individual" shall mean an individual who has a severe chronic disability that:

(i) is attributable to a mental or physical impairment or combination of mental and physical impairments;

(ii) is likely to continue indefinitely;

(iii) results in substantial functional limitations in not less than 3 of the following areas of major life activity:

(A) self-care;

(B) receptive and expressive language;

(C) learning;

(D) mobility;

(E) self-direction;

(F) capacity for independent living; and

(G) economic self-sufficiency; and

(iv) reflects the individual's need for a combination and sequence of special, interdisciplinary or generic care, treatment or other services that are of lifelong or extended duration and are individually planned and coordinated.

Mass. Gen. Laws ch. 64G, § 2

Amended by Acts 2018, c. 337,§ 6, eff. 3/28/2019, effective for transfers of occupancies in bed and breakfast establishments, hotels, lodging houses and motels beginning on or after July 1, 2019.

Amended by Acts 2009, c. 27,§ 50, eff. 8/1/2009.

See Acts 2019, c. 5, § 37.