Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1304 Compare Versions

Only one version of the bill is available at this time.

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 3922 FILED ON: 1/20/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1304
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Mike Connolly
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act enabling local options for tenant protections.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Mike Connolly26th Middlesex1/20/2023Lindsay N. Sabadosa1st Hampshire1/20/2023Samantha Montaño15th Suffolk1/25/2023Patricia D. JehlenSecond Middlesex1/26/2023Danillo A. Sena37th Middlesex1/27/2023David Henry Argosky LeBoeuf17th Worcester1/30/2023Vanna Howard17th Middlesex1/30/2023Steven Owens29th Middlesex1/31/2023Erika Uyterhoeven27th Middlesex2/1/2023Christine P. Barber34th Middlesex2/2/2023James B. EldridgeMiddlesex and Worcester2/19/2023 1 of 9
16	16	HOUSE DOCKET, NO. 3922 FILED ON: 1/20/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 1304
18	18	By Representative Connolly of Cambridge, a petition (accompanied by bill, House, No. 1304) of
19	19	Mike Connolly and others for legislation to remove the prohibition on rent control and to provide
20	20	tenant and foreclosure protections. Housing.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE HOUSE, NO. 1378 OF 2021-2022.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Third General Court
26	26	(2023-2024)
27	27	_______________
28	28	An Act enabling local options for tenant protections.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Chapter 40P of the General Laws is hereby amended by striking out its title
32	32	2and inserting in place thereof the following title:-
33	33	3 TENANT PROTECTION ACT.
34	34	4 SECTION 2. Said chapter 40P, as so appearing, is hereby further amended by striking out
35	35	5sections 1 to 5, inclusive, and inserting in place thereof the following 9 sections:–
36	36	6 Section 1. PURPOSE.
37	37	7 The purpose of this chapter is to provide municipalities with local options for rent
38	38	8stabilization, just cause eviction protections, condominium conversion ordinances, and other 2 of 9
39	39	9tenant protections along with provisions for fair return standards for property owners and
40	40	10exemptions for owner-occupant landlords and new and recently-constructed housing.
41	41	11 Section 2. GENERAL COURT FINDINGS.
42	42	12 The general court hereby finds and declares that homelessness, displacement, foreclosure,
43	43	13lack of affordable rental and ownership opportunities, and excessive rent burden are
44	44	14commonplace throughout the commonwealth.
45	45	15 Section 3. LOCAL ACCEPTANCE OF ANY SECTION.
46	46	16 A city or town may accept any of the sections of this chapter in the manner provided in
47	47	17section 4 of chapter 4 and a city or town that has accepted a section may, in like manner, revoke
48	48	18its acceptance.
49	49	19 Section 4. LOCAL OPTION RENT STABILIZATION.
50	50	20 (a) A city or town accepting this section may, by local charter provision, ordinance or by-
51	51	21law regulate the rent and eviction of tenants in multi-family housing and provide for reasonable
52	52	22exemptions from such regulation.
53	53	23 (b) Any city or town that adopts this section may provide for fair return standards for the
54	54	24regulation of rent.
55	55	25 (c) For the purposes of this section the term “multi-family housing” shall not include 3 or
56	56	26less dwelling units in an owner occupied dwelling, and shall not include undergraduate
57	57	27dormitories, non-profit hospitals, facilities for the residential care of the elderly, units whose rent
58	58	28is subject to regulation by a public housing authority, or dwelling units for which a residential 3 of 9
59	59	29certificate of occupancy was obtained for the first time fifteen years ago or less, on a rolling
60	60	30basis.
61	61	31 (d) Any city or town that adopts this section may ensure that certain dwelling units
62	62	32governed by such measures are eligible for those individuals or households who meet income-
63	63	33based eligibility requirements as provided for by the city or town.
64	64	34 (e) A city or town may establish or designate an administrator, board or committee to
65	65	35promulgate regulations and any registration and reporting requirements pursuant to this section
66	66	36and may partner with community-based organizations in developing public awareness campaigns
67	67	37and may also establish a Small Landlords and Homeowners Assistance Bureau to offer related
68	68	38technical assistance.
69	69	39 Section 5. JUST CAUSE EVICTION PROTECTION.
70	70	40 (a) The provisions of this section shall be applicable to all housing accommodations in
71	71	41any city or town of the commonwealth that adopts this section; provided however, that a city or
72	72	42town may provide for exemptions from the provisions of this section and any such exemption
73	73	43shall be included in an ordinance or by-law adopted by the municipality. A city or town that
74	74	44accepts this section, may by ordinance or by-law provide that a lessor shall not recover
75	75	45possession of a leased unit within multi-family housing or residential dwellings, as otherwise
76	76	46defined by the municipality, which shall not include 3 or less dwelling units in an owner
77	77	47occupied dwelling, unless the court finds that:
78	78	48 (1) the lessee has failed to pay the rent to which the lessor is entitled; 4 of 9
79	79	49 (2) the lessee has violated an obligation or covenant of his or her tenancy not inconsistent
80	80	50with chapter 93A, or this section, or the regulations issued pursuant thereto, other than the
81	81	51obligation to surrender possession upon proper notice; and the lessee has failed to cure such
82	82	52violation after having received written notice thereof from the lessor;
83	83	53 (3) the lessee is committing or permitting to exist a nuisance in or is causing substantial
84	84	54damage to the leased unit, or is creating a substantial interference with the comfort, safety or
85	85	55enjoyment of the lessor or other occupants of the same or any adjacent accommodations;
86	86	56 (4) the lessee has used or permitted a leased unit to be used for any illegal purposes;
87	87	57 (5) the lessee, who had a written lease agreement which terminated or is a tenant at will,
88	88	58has refused, after written request or demand by the lessor, to execute a written extension or
89	89	59renewal thereof or lease for a further term of like duration, at a rental rate that does not exceed a
90	90	60certain percentage, set by the municipality, of the consumer price index of the rental rate under
91	91	61the prior lease agreement or at will tenancy, and on such terms that are not inconsistent with or
92	92	62violative of any provision of said chapter 93A or of this section; provided, that for purposes of
93	93	63this clause, the term “consumer price index” refers to the annual 12-month average change in the
94	94	64Consumer Price Index for All Urban Consumers, New England Division (All Items), as
95	95	65published by the Bureau of Labor Statistics of the United States Department of Labor in
96	96	66September of the prior calendar year;
97	97	67 (6) the lessee has refused the lessor reasonable access to the unit for the purpose of
98	98	68making necessary repairs or improvements required by the laws of the commonwealth or any
99	99	69political subdivision thereof, or for the purpose of inspection as permitted or required by such 5 of 9
100	100	70lessee's lease agreement or by law, or for the purpose of showing the leased unit to any
101	101	71prospective purchaser or mortgagee;
102	102	72 (7) the person holding at the end of a lease term is a sublessee not approved by the lessor;
103	103	73 (8) the lessor seeks in good faith to recover possession of a leased unit for his or her own
104	104	74use and occupancy or for the use and occupancy by his or her spouse, children, grandchildren,
105	105	75great grandchildren, parents, grandparents, brother, sister, father-in-law, mother-in-law, son-in-
106	106	76law, or daughter-in-law, and has provided the tenant with 180 days written notice and an offer of
107	107	77a relocation assistance payment equal to at least 3 months’ rent, unless, for example, a
108	108	78municipality has further provided for a partial or complete exemption to the relocation assistance
109	109	79payment provision as it applies to low-income or moderate-income landlords; or
110	110	80 (9) the lessor seeks to recover possession for any other just cause, provided that his or her
111	111	81purpose is not in conflict with the provisions and purposes of said chapter 93A or this section.
112	112	82 (b) A lessor shall notify the clerk’s office of the city or town in which the leased unit is
113	113	83located prior to initiating judicial proceedings in compliance with this section.
114	114	84 (c) A lessor who recovers possession of a leased unit in violation of this section shall be
115	115	85punished by a fine not less than $5,000. Each such recovery in violation of this section shall
116	116	86constitute a separate offense. The housing court shall have jurisdiction over an action arising
117	117	87from a violation of this section and shall have jurisdiction in equity to restrain any such violation.
118	118	88It shall be a defense to a lessee in an action pursuant to this section that a lessor attempted to
119	119	89recover a leased unit in violation of this section.
120	120	90 Section 6. CONDOMINIUM CONVERSION ORDINANCES. 6 of 9
121	121	91 (a) A municipality, by majority vote of its legislative body, may enact an ordinance or
122	122	92by-law to regulate the conversion of housing accommodations in the municipality to the
123	123	93condominium or cooperative form of ownership and the regulation of rent and the eviction of
124	124	94tenants’ incident to the conversion or sale of condominiums. Said ordinance or by-law may
125	125	95include, but is not limited to: (i) provisions for investigations into and hearings on condominium
126	126	96conversions or proposed conversions; (ii) a permit process; (iii) tenant notification requirements;
127	127	97(iv) relocation costs for tenants and other measures to protect tenants; (v) control of evictions;
128	128	98(vi) penalties for violation of the ordinance or by-law; and (vii) exemptions from the provisions
129	129	99of this subsection. The ordinance or by-law may establish a condominium review board or vest
130	130	100administrative duties in an existing municipal board, commission or office. The review board
131	131	101may exercise such powers as it is given by ordinance or by-law.
132	132	102 (b) A municipality that adopted an ordinance or by-law for the regulation of the
133	133	103conversion of housing accommodations to the condominium or cooperative forms of ownership
134	134	104and evictions related thereto pursuant to the authority conferred upon the municipality by general
135	135	105law or special act prior to the effective date of this section may continue to exercise such
136	136	106authority. This section shall not be construed to restrict the authority of said municipality to
137	137	107amend or repeal any ordinance or by-law in accordance with the provisions of said general law
138	138	108or special act.
139	139	109 (c) A municipality may, by majority vote of its legislative body, accept this section in the
140	140	110manner provided in section 4 of chapter 4 and a municipality that has accepted this section may,
141	141	111in like manner, revoke its acceptance.
142	142	112 Section 7. PROTECTION FROM IMMEDIATE RENT INCREASES. 7 of 9
143	143	113 Unless otherwise provided for in this chapter, the maximum rent of a regulated rental unit
144	144	114shall be the rent charged the occupant for the month 12 months prior to the acceptance of this
145	145	115section by a municipality. If the rental unit was unoccupied at that time but was occupied at any
146	146	116time prior to acceptance of this section, the maximum rent shall be the rent charged therefor for
147	147	117the month closest to 12 months prior to the effective date of this section. If the maximum rent is
148	148	118not otherwise established, it shall be established by the city or town as provided for in this
149	149	119chapter. Any maximum rent may be subsequently adjusted under the provisions of this chapter.
150	150	120 Section 8. REGULATION OF TENANT DEPOSITS AND FEES, INCLUDING
151	151	121BROKERS FEES.
152	152	122 (a) A city or town that adopts this section may regulate by ordinance or by-law the
153	153	123payment of deposits and non-refundable move-in fees paid by a residential tenant or prospective
154	154	124tenant, notwithstanding any general or special law to the contrary; provided however, that no by-
155	155	125law or ordinance shall provide that a lessor may require a tenant or prospective tenant to pay any
156	156	126amount in excess of the amount provided for in section 15B of 186.
157	157	127 (b) Such regulation may include installment payment options for a tenant’s last month’s
158	158	128rent and security deposit pursuant to this section.
159	159	129 (c) A city or town ordinance or by-law may provide that a tenant may elect to pay a
160	160	130security deposit and last month's rent in installments as follows:
161	161	131 (1) for any rental agreement term that establishes a tenancy for 6 months or longer, the
162	162	132tenant may elect to pay the security deposit and last month's rent in 6 consecutive, equal monthly
163	163	133installments that begin at the inception of the tenancy or the tenant may propose an alternative 8 of 9
164	164	134installment schedule. If the landlord agrees to the tenant's alternative installment schedule the
165	165	135schedule shall be described in the rental agreement;
166	166	136 (2) for any other rental agreement term that establishes a tenancy, the tenant may elect to
167	167	137pay the security deposit and last month's rent in no more than 4 equal amounts that begin at the
168	168	138inception of the tenancy and are paid in installments of equal duration or the tenant may propose
169	169	139an alternative installment schedule. If the landlord agrees to the tenant's alternative installment
170	170	140schedule the schedule shall be described in the rental agreement.
171	171	141 (d) Landlords may not impose any fee, charge any interest, or otherwise impose a cost on
172	172	142a tenant because a tenant elects to pay the last month's rent in installments.
173	173	143 (e) A landlord who fails to comply with the requirements of any ordinance or by-law
174	174	144promulgated pursuant to this section shall be liable to the tenant for $1,000 plus reasonable
175	175	145attorney fees and costs in addition to any other remedy available at law.
176	176	146 (f) This section shall not apply to a tenant who rents a unit in an owner occupied dwelling
177	177	147with 3 or less dwelling units.
178	178	148 (g) In addition to the powers granted to a city or town in this section and notwithstanding
179	179	149section 87DDD½ of chapter 112, a city or town may by local charter provision, ordinance or by-
180	180	150law regulate, limit or prohibit the business of finding dwelling accommodations for a fee.
181	181	151 Section 9. MUNICIPAL ANTI-DISPLACEMENT ZONES.
182	182	152 (a) A city or town accepting any section in this chapter may, in addition to municipal-
183	183	153wide implementation of such section, provide for the implementation or exemption of such
184	184	154section’s provisions, in distinct anti-displacement zones, in which it has been determined that 9 of 9
185	185	155residential households of low, moderate or middle income have been displaced or are at risk of
186	186	156displacement, as defined by the municipality.
187	187	157 (b) A community organization, as defined by the municipality, may petition the
188	188	158municipality for the establishment of an anti-displacement zone.