In the News

Lawmakers pushing to strengthen domestic violence laws in state
May 14, 2010
By Stephanie Bergman
The Sun Chronicle

BOSTON - One bill offering expanded protection to victims of domestic violence unanimously passed the Senate Thursday, but another was postposed until later this month.

A bill that would require employers to give time off to victims of domestic violence was approved 36-0. It now moves to the House for debate. The other proposed legislation, Senate Bill 2274, was postponed for consideration until May 20. It would prevent landlords from evicting tenants who can offer proof they are victims of domestic violence, and would also allow them to break their leases without paying a penalty.

Advocates of domestic violence victims lauded passage of the employment bill, and said the housing bill also should be approved.

"It is very beneficial for our survivors to sustain employment," said Kim Thomas, executive director of New Hope, an Attleboro agency that offers help to victims of domestic violence and sexual assault. "Any employer who cares about employees would welcome it."

Maureen Gallagher, policy director of Jane Doe Inc., an advocacy group for victims of domestic violence, said the leave policy would enable victims of domestic violence or sexual assault to make time to cooperate with police and prosecutors without jeopardizing their jobs.

"Legal proceedings can be very lengthy," Gallagher said.

The bill requires businesses to let employees who are victims of domestic violence take up to 15 days off work, paid or unpaid, if they are trying to get out of a violent situation or seeking medical or legal help.

The bill would require victims to offer proof of their status, like a restraining order, a copy of a police report or a statement from a qualified third party, such as a police officer or social worker.

Businesses with fewer than 50 workers would be exempted from the law.

There are concerns that the requirements could compromise the privacy of domestic violence victims, but Gallagher and Thomas said the concerns would be addressed by rules requiring employers and landlords to keep the information confidential.

Thomas said the leave bill would be more helpful for victims of domestic violence, but stressed that both bills are needed.

"We really wish we had something like this before," she said. "Our survivors who are in home with their abusers don't leave sometimes because of financial issues, because of the lease or the mortgage, because they are afraid of the damage it will do to their credit."

The housing bill would prevent any landlord from discriminating against victims of domestic violence or from evicting them because of the violence.

Though eight other states have similar laws and the bills follow federal guidelines, Skip Schloming, executive director of the Small Property Owners Association of Massachusetts, said the scope of the bills were too far reaching.

"We just think it goes way too far," Schloming said. "We would be unable to evict someone if there are ongoing, loud fights going on.

"We are required to provide quiet enjoyment for our tenants," he said. "A tenant who is suffering from a lack of quiet enjoyment could break their lease."

Schloming said he was concerned landlords would be unable to offer tenants a quiet environment if prevented from evicting tenants who make a lot of noise, for fear the tenants are actually involved in domestic violence.

He also offered concern over the privacy protections, saying they would prevent landlords from reaching out to agencies that could help victims of domestic violence.

"It's just not carefully thought out," Schloming said.

The housing bill was postponed at the request of Senate Minority Leader Richard Tisei, R-Wakefield.

Tisei said he needed more time to discuss the bill with property owners before he could vote on it.