Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H2103 Compare Versions

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

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1	1	1 of 2
2	2	HOUSE DOCKET, NO. 3953 FILED ON: 1/20/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 2103
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	David M. Rogers and Samantha Montaño
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 cities and towns to stabilize rents and protect tenants.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:David M. Rogers24th Middlesex1/20/2023Samantha Montaño15th Suffolk1/20/2023Lindsay N. Sabadosa1st Hampshire1/20/2023Mike Connolly26th Middlesex1/20/2023Carmine Lawrence Gentile13th Middlesex1/24/2023Susannah M. Whipps2nd Franklin1/24/2023David Henry Argosky LeBoeuf17th Worcester1/25/2023Jack Patrick Lewis7th Middlesex1/25/2023Steven Owens29th Middlesex1/26/2023Christopher Hendricks11th Bristol1/26/2023Adrianne Pusateri Ramos14th Essex1/26/2023Christine P. Barber34th Middlesex1/27/2023James K. Hawkins2nd Bristol1/27/2023Peter Capano11th Essex1/27/2023Mindy Domb3rd Hampshire1/29/2023Margaret R. Scarsdale1st Middlesex1/30/2023Kay Khan11th Middlesex2/1/2023Erika Uyterhoeven27th Middlesex2/1/2023 2 of 2
16	16	Rebecca L. RauschNorfolk, Worcester and Middlesex2/1/2023Vanna Howard17th Middlesex2/1/2023Adrian C. Madaro1st Suffolk2/6/2023Frank A. Moran17th Essex2/7/2023Jason M. LewisFifth Middlesex2/9/2023Natalie M. Higgins4th Worcester2/9/2023Jennifer Balinsky Armini8th Essex2/10/2023James B. EldridgeMiddlesex and Worcester2/10/2023Russell E. Holmes6th Suffolk2/14/2023Bud L. Williams11th Hampden2/22/2023James J. O'Day14th Worcester2/27/2023Brandy Fluker Oakley12th Suffolk3/9/2023 1 of 4
17	17	HOUSE DOCKET, NO. 3953 FILED ON: 1/20/2023
18	18	HOUSE . . . . . . . . . . . . . . . No. 2103
19	19	By Representatives Rogers of Cambridge and Montaño of Boston, a petition (accompanied by
20	20	bill, House, No. 2103) of David M. Rogers, Samantha Montaño and others relative to enabling
21	21	cities and towns to stabilize rents and protect tenants. Municipalities and Regional Government.
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Third General Court
25	25	(2023-2024)
26	26	_______________
27	27	An Act enabling cities and towns to stabilize rents and protect tenants.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. Chapter 40P of the General Laws, as appearing in the 2020 Official Edition,
31	31	2is repealed.
32	32	3 SECTION 2. The General Laws are hereby amended by inserting after chapter 49A the
33	33	4following chapter:-
34	34	5 CHAPTER 49B
35	35	6 LIMITATION OF ANNUAL RENT INCREASES AND NO FAULT EVICTIONS
36	36	7 Section 1. A city or town may accept this chapter in its entirety in the manner provided in
37	37	8section 4 of chapter 4 of the General Laws. The acceptance of this local option by a municipality
38	38	9shall take effect no later than 180 days after adoption. A municipality that accepts this section
39	39	10shall adopt an ordinance or bylaw which effectuates the provisions of this chapter no later than
40	40	11180 days after acceptance. 2 of 4
41	41	12 Section 2. A city or town accepting this chapter may, by local charter provision,
42	42	13ordinance, by-law, majority vote of its governing body or through a local binding ballot measure
43	43	14impose a limit on the size of annual rent increases and require that evictions be based on defined
44	44	15just cause reasons, for certain dwelling units within the municipality.
45	45	16 Section 3. Exemptions. (a) For the purposes of this chapter, covered dwelling units shall
46	46	17not include:
47	47	18 (i) Dwelling units in owner-occupied buildings with four or fewer units.
48	48	19 (ii) Dwelling units whose rent is subject to regulation by a public authority. Occupancy
49	49	20by a tenant with a mobile housing voucher does not exempt an otherwise covered dwelling unit.
50	50	21 (iii) College or university dormitories where group sleeping accommodations are
51	51	22provided in one room, or in a series of closely associated rooms.
52	52	23 (iv) Facilities for the residential care of the elderly.
53	53	24 (v) Dwelling units for which the first residential certificate of occupancy was issued on or
54	54	25after January 1, 2020 shall be exempt for a period of 5 years from the date at which such
55	55	26certificate of occupancy was issued.
56	56	27 (b) Where dwelling units are exempt, a notice of exemption must be provided with the
57	57	28lease for all tenancies. If there is no written lease for such dwelling units, the tenants-at-will must
58	58	29be provided with a written notice of exemption.
59	59	30 Section 4. (a) The limit on any annual rent increase for a covered dwelling unit as defined
60	60	31in Section 3(a) shall not exceed the annual change in the Consumer Price Index for the applicable
61	61	32area or 5 per cent, whichever is lower. 3 of 4
62	62	33 (b) For purposes of this chapter, the rent amount in place 12 months prior to the date of
63	63	34adoption shall serve as the base rent upon which any annual rent increase shall be applied. If the
64	64	35dwelling unit is currently vacant, the last rent amount charged shall serve as the base rent. If
65	65	36there was no previous rent amount, or if no rent has been charged for at least the previous five
66	66	37years, for a dwelling unit not exempted under Section 3(a) the rent amount the owner first
67	67	38charges shall serve as the base rent.
68	68	39 Section 5. Cities and towns adopting this chapter shall require that any landlord have just
69	69	40cause for initiating eviction or not renewing a lease; just cause may be further defined by the
70	70	41municipality, but must include the following:
71	71	42 (1)Nonpayment of rent
72	72	43 (2)Tenant commits a substantial violation of a material lease term or term of the
73	73	44tenancy
74	74	45 (3)Tenant engages in criminal activity that threatens the health and safety of other
75	75	46residents, or persons lawfully on the premises
76	76	47 (4)Owner seeks to remove the unit from the rental market to convert to cooperative
77	77	48or condominium, to demolish or convert to non-residential use, or to occupy the unit as the
78	78	49owner’s principal residence
79	79	50 Section 6. Cities and towns adopting this chapter shall provide annual reports to the
80	80	51department of housing and community development, which shall include but not be limited to:
81	81	52the text of the ordinance or bylaw adopting this chapter; any studies undertaken in informing
82	82	53adoption of the ordinance or bylaw; the number of units affected by the ordinance or bylaw; and 4 of 4
83	83	54any other relevant data as determined by the department of housing and community
84	84	55development.
85	85	56 Section 7. Any violation of this section shall be deemed an unfair and deceptive act under
86	86	57chapter 93A of the General Laws. Any person claiming a violation of this section may pursue
87	87	58remedies under section 9 of chapter 93A. The attorney general is hereby authorized to bring an
88	88	59action under section 4 of chapter 93A to enforce this provision and to obtain restitution, civil
89	89	60penalties, injunctive relief, and any other relief awarded pursuant to said chapter 93A.
90	90	61 Section 8. Nothing in this section shall be construed to interfere with any existing rights
91	91	62or protections afforded to tenants under current state or federal law.