Domestic Violence Policy

Unfortunately, anyone can find themselves in an abusive relationship. The laws discussed in this policy apply to people of all genders, in any type of domestic relationship, romantic or otherwise. Family members, ex-spouses or other former intimate partners, and cohabitants may also be victims of or perpetrate domestic violence.

Purpose: 

We are committed to ensuring the safety and well-being of tenants who are victims of domestic violence. This policy outlines the rights and protections provided to such individuals in compliance with Massachusetts state law, including Chapter 186, Sections 23 and 24 of the Massachusetts General Laws.

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1. Scope of Policy
This policy applies to all residential properties managed by [Property Management Company Name] and addresses the procedures for handling situations involving tenants or household members who are victims of domestic violence, sexual assault, stalking, or other forms of abuse.

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2. Definitions
The term "household member" is defined as a person residing with the tenant or co-tenant as an authorized occupant of the premises, and who is 18 years of age or older or an emancipated minor.

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3. Victims of Domestic Violence Have the Right to Early Termination of Their Lease
A tenant or co-tenant may terminate a rental agreement if they provide written notification to the landlord/manager that:

• A member of the household is a victim of domestic violence, rape, sexual assault, or stalking, if such notification is made within 3 months of the most recent act of domestic violence, rape, sexual assault, or stalking; OR
• A member of a tenant's household is reasonably in fear of imminent serious physical harm from domestic violence, rape, sexual assault, or stalking.

The tenant or co-tenant must quit the premises within 3 months of providing written notification. If the tenant or co-tenant fails to quit the premises within 3 months, the notice to terminate the rental agreement or tenancy shall be void.

A tenant or co-tenant to whom this applies shall be discharged from liability for rent or use and occupancy for 30 days or one full rental period after the quitting date, whichever is later. For example, if a tenant or co-tenant gives notice that the tenancy will end on July 21st, they will no longer be responsible to pay rent on September 1st — one complete rental period after the quitting date (August 1st to August 31st). The tenant or co-tenant will have no continuing obligation to pay rent after September 1st, even if this is several months before the lease expires.

The tenant or co-tenant shall be entitled to a refund of any prepaid rent for any period thereafter. Within 30 days of the end of the tenancy and the delivery of full possession of the leased premises by all occupants to the landlord, the tenant or co-tenant shall receive their security deposit refund along with a specific statement detailing any deductions.

If the tenant or co-tenant vacates but leaves belongings, such belongings shall be deemed abandoned and may be disposed of under applicable law, unless the tenant or co-tenant indicates in writing the responsibility for such belongings and the action to be taken with respect to them.

No other tenant or co-tenant who is a party to the rental agreement shall be released from their obligations under the rental agreement or other obligations.

If the tenant or co-tenant vacates, but another person remains in the premises other than another tenant or co-tenant, nothing shall affect the landlord's/manager's rights and obligations with regard to such remaining person.

A landlord who in good faith initiates an action against a remaining tenant, co-tenant, or household member, OR a housing subsidy provider who terminates or denies a rental subsidy to a remaining tenant, co-tenant, or household member, or takes any other action, shall not be subject to a claim of retaliation or any other claim.

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4. Proof of Status as a Victim
The landlord/manager has the right to request proof of the status as a victim of domestic violence, rape, sexual assault, or stalking, including the name of the perpetrator, if known.

Proof of status as a victim shall be satisfied by production of any one of the following documents:

• A copy of a valid protection order under Chapter 209A or 258E obtained by the tenant, co-tenant, or member of the household;
• A record from a federal, state, or local court or law enforcement of an act of domestic violence, rape, sexual assault, or stalking and the name of the perpetrator, if known; OR
• A written verification from any other qualified third party to whom the tenant, co-tenant, or household member reported the incident. This verification must include:
  
  • The name of the organization, agency, clinic, or professional service provider;
  • The date of the incident;
  • The name of the perpetrator, if known.

Any adult victim with the capacity to do so shall provide a statement under penalty of perjury that the incident described is true and correct.

Confidentiality
If the landlord/manager obtains written proof of a person's status as a victim, the documentation and information must be kept confidential. The landlord/manager shall not disclose this information unless:

• The victim provides written authorization;
• Required by court order;
• Required by government regulation or audit requirements.

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5. Right to Have Locks Changed
If a tenant, co-tenant, or household member reasonably believes they are under an imminent threat of domestic violence, rape, sexual assault, or stalking at the premises, they can request a lock change.

The landlord/manager shall request proof of status as a victim and will change the locks within two business days of the request. This service will be provided free of charge. After the locks are changed, the landlord/manager will provide the new key(s) to the tenant, co-tenant, or household member who requested the lock change.

If the threat is posed by a person who is a tenant, co-tenant, or household member, the landlord/manager will change the locks and deny a key to the alleged perpetrator if the request is accompanied by:

• A copy of a valid protective order under Chapter 209A or 258E; OR
• A record from a federal, state, or local court or law enforcement indicating that the perpetrator poses an imminent threat.

The tenant, co-tenant, or household member shall not voluntarily give the new key to the perpetrator.

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6. Non-Discrimination
The landlord/manager will not refuse to rent to or deny housing assistance to an applicant who has previously terminated a lease or requested a lock change due to being a victim of domestic violence.

The lease cannot include a waiver of any domestic violence rights.

Domestic violence is an affirmative defense to an eviction lawsuit.

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7. Compliance with Protective Orders
If a court issues a protective order requiring a tenant, co-tenant, or household member to vacate the dwelling unit, the landlord/manager shall comply and not interfere.

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8. Legal Compliance
This policy complies with all applicable state and federal laws, including the Massachusetts Domestic Violence Law (Chapter 186, Sections 23 and 24) and the Violence Against Women Act (VAWA).

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9. Contact Information
Tenants who need assistance or have questions about this policy may contact the property management office at:

• Phone: 617-777-2505
• Email: Support@TheLucasOrganization.com

Additionally, tenants are encouraged to seek support from local domestic violence organizations:

• Massachusetts Domestic Violence Hotline: 1-877-785-2020
• SafeLink: 1-877-785-2020
• National Domestic Violence Hotline: 1-800-799-7233

Victims of domestic violence can also access resources at MassLegalHelp.

 https://www.masslegalhelp.org/domestic-abuse-crime-victims 

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10. Policy Updates
This policy will be reviewed annually and updated as necessary to remain in compliance with state and federal laws.

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Effective Date: 23rd day of October 2023