Section 2: Exempted accommodations

328 words·~1 min read·/ma/part-i/title-ix/chapter-64g/2

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

[Text of section effective as provided by 2018, 337, Sec. 15A as added by 2019, 5, Sec. 37.]

Section 2. 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.