Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H1498

Introduced
2/27/25  

Caption

To limit criminalization of the homeless

Summary

This bill would limit the criminal and civil penalties that can be imposed on people engaged in “homeless camping,” defined as pitching or occupying a temporary structure on public property out of financial necessity by a person who is undomiciled and unable to secure stable housing. It creates that definition in the housing laws and then uses it to carve out protections across several statutes. The bill would prohibit the Department of Criminal Justice Information Services from disclosing criminal offender record information related solely to homeless camping to housing-related requestors and to certain other requestors. It would also bar cities and towns from adopting bylaws or ordinances that fine a person for homeless camping, while still allowing local rules that authorize removal after a lawful notice to vacate public property. In addition, it would prevent punishment by fine under the disorderly conduct statute for homeless camping and would prohibit municipalities from reporting unpaid homeless-camping fines to credit bureaus or financial institutions. The bill also forbids local ordinances from requiring notification to U.S. Immigration and Customs Enforcement when someone is cited, arrested, or removed for homeless camping.

Impact

The bill would amend chapter 6, chapter 23B, chapter 40, and chapter 266 of the Massachusetts General Laws. Its practical effect would be to reduce the use of fines, criminal record disclosure, and credit reporting as tools for addressing encampments involving unhoused people, while preserving municipal authority to remove individuals from public property after lawful notice. It would also create a new statutory definition of homeless camping that would likely guide future enforcement and interpretation across state and local government.

Sentiment

The bill’s title and structure suggest a strong pro-housing, anti-criminalization approach to homelessness, and the available context shows it was filed by a single sponsor with no recorded committee debate or votes yet. Based on the text, the measure appears intended to protect unhoused people from collateral consequences tied to encampment enforcement, especially in housing access and credit reporting. There is no recorded opposition in the provided materials, but the bill’s limits on local enforcement and reporting authority indicate where concerns could arise.

Contention

The main points of contention are likely to be between homelessness advocates and local governments or public-safety officials. Supporters would favor removing fines, record disclosure, and credit consequences for conduct tied solely to survival camping, while critics may argue the bill restricts municipal enforcement options and could make it harder to manage public spaces. The ICE-notification ban may also be controversial for some localities, since it directly limits what cities and towns may require in their enforcement procedures.

Companion Bills

MA H5352

Replaced by Study Order

Previously Filed As

MA H2261

Ending the criminalization of homelessness

MA H226

To end child homelessness

MA H1497

Relative to avoiding senior homelessness and maintaining senior housing stabilization of rents

MA H216

Improving emergency housing assistance for children and families experiencing homelessness

MA S136

Improving emergency housing assistance for children and families experiencing homelessness

MA H4783

Relative to reaffirming the rights of individuals experiencing homelessness

MA H1488

Providing upstream homelessness prevention assistance to families, youth, and adults

MA S961

Providing upstream homelessness prevention assistance to families, youth, and adults

MA H1515

To transform the Commonwealth’s emergency response system and create housing strategies to end the homelessness of unaccompanied adults

MA S988

To transform the Commonwealth’s emergency response system and create housing strategies to end the homelessness of unaccompanied adults

Similar Bills

No similar bills found.