Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H2039 Latest Draft

Bill / Introduced Version Filed 02/16/2023

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HOUSE DOCKET, NO. 2516       FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 2039
The Commonwealth of Massachusetts
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PRESENTED BY:
Mike Connolly
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act facilitating local approval of inclusionary zoning.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Mike Connolly26th Middlesex1/19/2023Lindsay N. Sabadosa1st Hampshire1/20/2023David Henry Argosky LeBoeuf17th Worcester1/30/2023James B. EldridgeMiddlesex and Worcester2/19/2023 1 of 1
HOUSE DOCKET, NO. 2516       FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 2039
By Representative Connolly of Cambridge, a petition (accompanied by bill, House, No. 2039) of 
Mike Connolly and others relative to local approval of inclusionary zoning. Municipalities and 
Regional Government.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 4046 OF 2021-2022.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act facilitating local approval of inclusionary zoning.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority 
of the same, as follows:
1 Section 5 of Chapter 40A of the General Laws is amended by inserting in paragraph 5 the 
2following after “in accordance with section 3 of chapter 40R.”:-
3 (5) an inclusionary zoning ordinance or bylaw. As used in this paragraph the term 
4“inclusionary zoning” shall mean a residential subdivision or a multi-unit residential project of a 
5size to be determined by the municipality; and provided further, that a certain percentage of such 
6subdivision or project’s dwelling units or net floor area, as determined by the municipality, shall 
7be reserved for the construction of dwelling units permanently affordable for occupancy to 
8persons whose household income does not exceed a municipally determined per cent of such 
9municipality’s area median income as such income is determined by the federal department of 
10Housing and Urban Development.