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HOUSE DOCKET, NO. 3811 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 2874
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Kate Lipper-Garabedian
_________________
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 promoting accessible dwellings for older adults and people with disabilities to remain in
their communities.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Kate Lipper-Garabedian32nd Middlesex1/20/2023Ruth B. Balser12th Middlesex2/7/2023James B. EldridgeMiddlesex and Worcester3/6/2023 1 of 21
HOUSE DOCKET, NO. 3811 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 2874
By Representative Lipper-Garabedian of Melrose, a petition (accompanied by bill, House, No.
2874) of Kate Lipper-Garabedian, Ruth B. Balser and James B. Eldridge relative to the taxation
of accessible dwellings for older adults and people with disabilities. Revenue.
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
An Act promoting accessible dwellings for older adults and people with disabilities to remain in
their communities.
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 1. Chapter 59 of the General Laws, as appearing in the 2020 Official Edition,
2is hereby amended by inserting after section 5N the following section:-
3 Section 5O. (a) Notwithstanding any other general or special law to the contrary, in any
4city or town that accepts this section, an owner of a residential property who has made
5modifications to that residential property to improve accessibility or to allow that person to live
6independently, shall be exempt from the increased real property tax due to the newly assessed
7value of the property as a result of such modifications. Any reduction provided under this
8section shall be in addition to any exemption or abatement to which that person is otherwise
9entitled.
10 (b) The exemption shall be available only if: (i) the taxpayer is 65 years of age or older;
11(ii) the taxpayer is not a dependent of another taxpayer; (iii) the taxpayer occupies the property 2 of 21
12as that person’s principal residence; (iv) the taxpayer’s total income does not exceed $40,000 for
13a single individual who is not the head of a household, $50,000 for a head of a household and
14$60,000 for 2 spouses filing a joint return; and (v) the assessed value of the residence does not
15exceed $600,000.
16 (c) The income limits in this section shall be increased by amounts equal to the income
17limits multiplied by the cost-of-living adjustment for the calendar year in which such taxable
18year begins, and the valuation limit in this section shall be increased by an amount equal to such
19valuation limit multiplied by the cost-of-housing adjustment for the calendar year in which such
20taxable year begins. If any such increase in an income or valuation limit is not a multiple of
21$1,000, such increase shall be rounded to the next lowest multiple of $1,000. If the increase in
22the exemption limit is not a multiple of $10, such increase shall be rounded to the next lowest
23multiple of $10.
24 (d) No exemption shall be allowed for a married individual unless a joint return is filed.
25 (e) An owner of residential property who meets all the requirements of this section and
26whose principal place of residence changes during the course of the year, may claim an
27exemption for the increased real property tax due the increased assessment value with respect to
28each such principal residence actually occupied during the year if modifications were made to
29that residence for the purposes of improved accessibility or to allow that person to live
30independently.
31 (f) Any exemption provided by this section shall not be counted as income in
32determining eligibility or benefits under any other means-tested assistance program, including, 3 of 21
33but not limited to, all such cash, food, medical, housing, energy and educational assistance
34programs.
35 SECTION 2. The first paragraph of section 13A of chapter 22 of the General Laws, as
36appearing in the 2020 Official Edition, is hereby amended by striking out the fourth paragraph,
37consisting of lines 38 through 63, and inserting in place thereof the following four paragraphs:
38The board shall make and from time to time alter, amend, and repeal, in accordance with the
39provisions of chapter thirty A, rules and regulations designed to make multiple dwellings and
40public buildings accessible to, functional for and safe for use by persons with disabilities. The
41board shall also make rules and regulations requiring that any person who has lawful control of
42improved or enclosed private property used as off-street parking areas where the public has a
43right of access as invitees or licensees, shall reserve parking spaces in said off-street parking
44areas for vehicles authorized to display handicapped plates or placards under section 2 of chapter
4590; provided, that the parking requirements shall be consistent with the Americans with
46Disabilities Act Standards for Accessible Design. The parking spaces reserved for vehicles of
47such handicapped persons shall be clearly marked as such. The rules and regulations of the board
48shall also establish standards and procedures designed to make adaptable for persons with
49physical disabilities for any building, regardless of the date of construction, (1) all dwelling units
50in multiple dwellings equipped with an elevator; (2) all ground floor dwelling units in multiple
51dwellings not equipped with an elevator; and (3) all public use and common use portions of such
52multiple dwellings, providing however, that in any building constructed before March thirteenth,
53nineteen hundred and ninety one, such standards and procedures for dwelling units shall apply
54only to such units within (1) any non-residential building undergoing a gut rehabilitation as part
55of a change in use into a multiple dwelling facility, or (2) any residential building which is 4 of 21
56vacant undergoing a gut rehabilitation. The rules and regulations of the board shall establish
57standards and procedures designed to make accessible to, functional for and safe for use by
58persons with physical disabilities residential buildings whenever constructed and without 2 the
59restrictions in the above paragraph. Unless otherwise specified, five percent of the units in
60lodging or residential facilities for hire, rent or lease, containing twenty or more units, shall meet
61this requirement; provided, however, that accessible units shall allow five feet of turning radius
62for a wheelchair in the kitchens and bathrooms. In the event that the board determines that the
63need, in certain areas of the commonwealth, for such units either exceeds or does not require said
64five percent, the board may require that, in said areas a percentage of units less than five percent
65or not greater than ten percent be accessible and safe for 2 persons with disabilities; provided,
66however, that said accessible units shall allow five feet of turning radius for a wheelchair in the
67kitchens and bathrooms. The board may make such determination only if there is sufficient
68factual basis, using data from the central registry of the Massachusetts Rehabilitation
69Commission and other sources, to establish with a reasonable degree of certainty the present and
70future needs for said accessible units in certain areas of the commonwealth. A percentage of less
71than five percent shall not be established unless such accessible units, which are not needed by
72persons with disabilities cannot be readily hired, rented, or leased to other persons. The rules and
73regulations of the board shall include, but not be limited to, detailed architectural standards
74further defining adaptable and accessible dwelling units, and such other provisions necessary to
75provide rights and remedies substantially equivalent to or greater than the rights and remedies
76provided by the federal Fair Housing Act, the Department of Justice’s Americans with
77Disabilities Act Standards for Accessible Design and regulations thereunder as they pertain to
78such multiple dwellings. 5 of 21
79 SECTION 3. Said section 13A of said chapter 22, as so appearing, is hereby further
80amended by striking out, in lines 11 and 12, the words “in behalf of the physically handicapped”
81and inserting in place thereof the following words:- "on behalf of persons with disabilities".
82 SECTION 4. Said section 13A of said chapter 22, as so appearing, is hereby further
83amended by inserting after the word “buildings”, in line 67, the following words:- "and
84facilities".
85 SECTION 5. Said section 13A of said chapter 22, as so appearing, is hereby further
86amended by inserting after the word “buildings”, in line 75, the following words:- "and
87facilities".
88 SECTION 6. Said section 13A of said chapter 22, as so appearing, is hereby further
89amended by striking out, in lines 80 and 81, the words “handicapped persons,” and inserting in
90place thereof the following words:- "persons with a disability”.
91 SECTION 7. Said section 13A of said chapter 22, as so appearing, is hereby further
92amended by striking out, in lines 88 and 89 the word “newspaper” and inserting in place thereof
93the following words:- "forms of".
94 SECTION 8. Said section 13A of said chapter 22, as so appearing, is hereby further
95amended by inserting after the word “building”, in line 93, the following words:- 3 "or facility".
96 SECTION 9. Said section 13A of said chapter 22, as so appearing, is hereby further
97amended by inserting after the word “building”, in line 94, the following words:- "or facility". 6 of 21
98 SECTION 10. Said section 13A of said chapter 22, as so appearing, is hereby further
99amended by inserting after the word “changed to a”, in line 94, the following words:- "residential
100use or a".
101 SECTION 11. Said section 13A of said chapter 22, as so appearing, is hereby further
102amended by inserting, in line 94, after the words “which the building” the following words:- "or
103facility."
104 SECTION 12. Said section 13A of said chapter 22, as so appearing, is hereby further
105amended by inserting after the word “building”, in line 96, the following words:- "or facility".
106 SECTION 13. Said section 13A of said chapter 22, as so appearing, is hereby further
107amended by striking out, in lines 102 and 103, the words “physically handicapped persons” and
108inserting in place thereof the following words:- "persons with a disability".
109 SECTION 14. Said section 13A of said chapter 22, as so appearing, is hereby further
110amended by striking out the eighth paragraph, consisting of lines 107 through 127.
111 SECTION 15. Said section 13A of said chapter 22, as so appearing, is hereby further
112amended by striking out, in lines 131 and 132, the word “person” and inserting in place thereof
113the following words:- "building, or portion thereof,".
114 SECTION 16. Said section 13A of said chapter 22, as so appearing, is hereby further
115amended by inserting after the words “for a building”, in line 150, the following words:- "or
116facility".
117 SECTION 17. Said section 13A of said chapter 22, as so appearing, is hereby further
118amended by inserting after the word “building”, in line 166, the following word:- ", facility". 7 of 21
119 SECTION 18. Said section 13A of said chapter 32, as so appearing, is hereby further
120amended by striking out, in lines 177, 179 and 187 the words “physically handicapped persons”
121and inserting in place thereof, in each instance, the following words:- "persons with a disability".
122 SECTION 19. Said section 13A of said chapter 22, as so appearing, is hereby further
123amended by inserting after the definition of “Construction” the following definitions:-
124"“Facility”, all or any portion of a building, structure, site improvement, complex, equipment,
125road, walk, passageway, parking lot or other real or personal property, including the site where
126the building, property, structure or equipment is located." “Gut Rehabilitation”, the general
127replacement of the interior of a building that may or may not include changes to structural
128elements such as flooring systems, columns or load bearing interior or exterior walls.
129 SECTION 20. Said section 13A of said chapter 22, as so appearing, is hereby further
130amended by striking out, in line 200, the words “Physically handicapped person” and inserting in
131place thereof the following words:- "Person with a disability".
132 SECTION 21. Said section 13A of said chapter 22, as so appearing, is hereby further
133amended by striking out, in line 204, the words “Physically handicapped persons” and inserting
134in place thereof the following words:- "A person with a disability.
135 SECTION 22. The first paragraph of section 13A of chapter 22 of the General Laws, as
136appearing in the 2018 Official Edition, is hereby amended by striking out the second and third
137sentences and inserting in place thereof the following 3 sentences:-
138 “Two of the appointive members shall be architects licensed to practice in the
139commonwealth. One of the appointive members shall be a licensed building inspector. Three of 8 of 21
140the appointive members shall be selected after consultation with advocacy groups on behalf of
141persons with disabilities”
142 SECTION 23. The first paragraph of section 13A of chapter 22 of the General Laws, as
143so appearing, is hereby further amended by striking out the fourth paragraph, in lines 38 through
14463, and inserting in place thereof the following four paragraphs:-
145 The board shall make and from time to time alter, amend, and repeal, in accordance with
146the provisions of chapter thirty A, rules and regulations designed to make multiple dwellings,
147and public buildings and facilities, including but not limited to areas that are not generally in
148public use, accessible to, functional for and safe for use by persons with disabilities. The board
149shall also make rules and regulations requiring that any person who has lawful control of
150improved or enclosed private property used as off-street parking areas where the public has a
151right of access as invitees or licensees, shall reserve parking spaces in said off-street parking
152areas for vehicles authorized to display handicapped plates or placards under section 2 of chapter
15390; provided, that the parking requirements shall be consistent with the Americans with
154Disabilities Act Standards for Accessible Design. The parking spaces reserved for vehicles of
155such handicapped persons shall be clearly marked as such.
156 The rules and regulations of the board shall also establish standards and procedures
157designed to make adaptable for persons with physical disabilities for any building, regardless of
158the date of construction, (1) all dwelling units in multiple dwellings equipped with an elevator;
159(2) all ground floor dwelling units in multiple dwellings not equipped with an elevator; and (3)
160all public use and common use portions of such multiple dwellings, providing however, that in
161any building constructed before March thirteenth, nineteen hundred and ninety one, such 9 of 21
162standards and procedures for dwelling units shall apply only to such units within (1) any non-
163residential building undergoing a gut rehabilitation as part of a change in use into a multiple
164dwelling facility, or (2) any residential building which is vacant undergoing a gut rehabilitation.
165 The rules and regulations of the board shall establish standards and procedures designed
166to make accessible to, functional for and safe for use by persons with physical disabilities
167residential buildings whenever constructed and without the restrictions in the above paragraph.
168Unless otherwise specified, five percent of the units in lodging or residential facilities for hire,
169rent or lease, containing twenty or more units, shall meet this requirement; provided, however,
170that accessible units shall allow five feet of turning radius for a wheelchair in the kitchens and
171bathrooms. In the event that the board determines that the need, in certain areas of the
172commonwealth, for such units either exceeds or does not require said five percent, the board may
173require that, in said areas a percentage of units less than five percent or not greater than ten
174percent be accessible and safe for persons with disabilities; provided, however, that said
175accessible units shall allow five feet of turning radius for a wheelchair in the kitchens and
176bathrooms. The board may make such determination only if there is sufficient factual basis,
177using data from the central registry of the Massachusetts Rehabilitation Commission and other
178sources, to establish with a reasonable degree of certainty the present and future needs for said
179accessible units in certain areas of the commonwealth. A percentage of less than five percent
180shall not be established unless such accessible units, which are not needed by persons with
181disabilities cannot be readily hired, rented, or leased to other persons.
182 The rules and regulations of the board shall include, but not be limited to, detailed
183architectural standards further defining adaptable and accessible dwelling units, and such other
184provisions necessary to provide rights and remedies substantially equivalent to or greater than 10 of 21
185the rights and remedies provided by the Federal Fair Housing Act, the Department of Justice’s
186Americans with Disabilities Act Standards for Accessible Design and regulations thereunder as
187they pertain to such multiple dwellings.
188 SECTION 25. Said section 13A of said chapter 22, as so appearing, is hereby further
189amended by striking out, in lines 11 and 12, the words “in behalf of the physically handicapped”
190and inserting in place thereof the following words:-
191 “on behalf of persons with disabilities”.
192 SECTION 26. Said section 13A of said chapter 22, as so appearing, is hereby further
193amended by inserting after the word “buildings”, in line 67, the following words:-
194 “and facilities”.
195 SECTION 27. Said section 13A of said chapter 22, as so appearing, is hereby further
196amended by inserting after the word “buildings”, in line 75, the following words:-
197 “and facilities”.
198 SECTION 28. Said section 13A of said chapter 22, as so appearing, is hereby further
199amended by striking out, in lines 80 and 81, the words “handicapped persons,” and inserting in
200place thereof the following words:-
201 “persons with a disability”.
202 SECTION 29. Said section 13A of said chapter 22, as so appearing, is hereby further
203amended by striking out, in lines 88 and 89 the word “newspaper” and inserting in place thereof
204the following words:- 11 of 21
205 “forms of”.
206 SECTION 30. Said section 13A of said chapter 22, as so appearing, is hereby further
207amended by inserting after the word “building”, in line 93, the following words:-
208 “or facility, including Areas not generally in Public Use”
209 SECTION 31. Said section 13A of said chapter 22, as so appearing, is hereby further
210amended by inserting after the word “building”, in line 94, the following words:-
211 “or facility”.
212 SECTION 32. Said section 13A of said chapter 22, as so appearing, is hereby further
213amended by inserting after the word “changed to a”, in line 94, the following words:-
214 “residential use or a”.
215 SECTION 34. Said section 13A of said chapter 22, as so appearing, is hereby further
216amended by inserting, in line 94, after the words “which the building” the following words:-
217 “or facility.”
218 SECTION 35. Said section 13A of said chapter 22, as so appearing, is hereby further
219amended by inserting after the word “building”, in line 96, the following words:-
220 “or facility”.
221 SECTION 36. Said section 13A of said chapter 22, as so appearing, is hereby further
222amended by striking out, in lines 102 and 103, the words “physically handicapped persons” and
223inserting in place thereof the following words:- 12 of 21
224 “persons with a disability”.
225 SECTION374. Said section 13A of said chapter 22, as so appearing, is hereby further
226amended by striking out the eighth paragraph, consisting of lines 107 through 127.
227 SECTION 38. Said section 13A of said chapter 22, as so appearing, is hereby further
228amended by striking out, in lines 131 and 132, the word “person” and inserting in place thereof
229the following words:-
230 “building, or portion thereof,”.
231 SECTION 39. Said section 13A of said chapter 22, as so appearing, is hereby further
232amended by inserting after the words “for a building”, in line 150, the following words:-
233 “or facility”.
234 SECTION 40. Said section 13A of said chapter 22, as so appearing, is hereby further
235amended by inserting after the word “building”, in line 166, the following word:-
236 “, facility”.
237 SECTION 41. Said section 13A of said chapter 32, as so appearing, is hereby further
238amended by striking out, in lines 177, 179 and 187 the words “physically handicapped persons”
239and inserting in place thereof, in each instance, the following words:-
240 “persons with a disability”.
241 SECTION 42. Said section 13A of said chapter 22, as so appearing, is hereby further
242amended by inserting after the definition of “Alteration”, the following definition:- 13 of 21
243 “Areas that are not generally in public use,” areas not intended for use by the public, as
244designated in the 1991 and 2010 Americans with Disabilities Act (ADA) Standards for
245Accessible Design, and employee work areas.
246 SECTION 43. Said section 13A of said chapter 22, as so appearing, is hereby further
247amended by inserting after the definition of “Construction” the following definitions:-
248 “Employee work area” all or any portion of a space used only by employees and used
249only for work. Corridors, toilet rooms, kitchenettes and break rooms are considered “employee
250work areas” and shall be made accessible in new construction, or where renovation work being
251performed is otherwise subject to the jurisdiction of the Board. Corridors, toilet rooms,
252kitchenettes and break rooms are not otherwise considered “employee work areas;” provided
253however, that where corridors, toilet rooms, kitchenettes and break rooms constitute the path of
254travel to or are essential to the use of employees for work, they shall be, when possible,
255adaptable.
256 “Facility”, all or any portion of a building, structure, site improvement, complex,
257equipment, road, walk, passageway, parking lot or other real or personal property, including the
258site where the building, property, structure or equipment is located.”
259 “Gut rehabilitation,” the general replacement of the interior of a building that may or
260may not include changes to structural elements such as flooring systems, columns or load
261bearing interior or exterior walls.
262 SECTION 44. Said section 13A of said chapter 22, as so appearing, is hereby further
263amended by striking out the definition of “Public building” and inserting in place thereof the
264following definition:- 14 of 21
265 “Public building", buildings constructed by the commonwealth or any political
266subdivision thereof with public funds and open to public use, including, but not limited to, those
267constructed by public housing authorities, the Massachusetts Port Authority, the Massachusetts
268Parking Authority, the Massachusetts Department of Transportation, the Massachusetts Bay
269Transportation Authority, or building authorities of any public educational institution, or their
270successors; and privately financed buildings that are open to and used by the public, including
271but not limited to places of public accommodation listed in section 92A of chapter 272 of the
272General Laws, and 42 U.S.C. section 12181(7).
273 SECTION 45. Said section 13A of said chapter 22, as so appearing, is hereby further
274amended by striking out, in line 200, the words “Physically handicapped person” and inserting in
275place thereof the following words:-
276 “Person with a disability”.
277 SECTION 46. Said section 13A of said chapter 22, as so appearing, is hereby further
278amended by striking out, in line 204, the words “Physically handicapped persons” and inserting
279in place thereof the following words:-
280 “A person with a disability.”
281 SECTION 47. Not later than ninety days after the effective date of this act, the
282Architectural Access Board shall promulgate regulations as necessary pursuant to this act’s
283amendments of Chapter 22, section 13A.
284 SECTION 48. Chapter 23B of the General Laws is hereby amended by adding the
285following 7 sections:- 15 of 21
286 Section 31. As used in section 31 to 37, inclusive, the following words shall have the
287following meanings, unless the context clearly requires otherwise:-
288 “Accessibility features”, accessibility features that meet the specifications of an existing
289standard including: (i) accessibility ramp to a zero-step entrance from a driveway or public
290sidewalk; (ii) zero-step entrance; (iii) doors with at least 32 inches of clear width; (iv) hallways
291and passages with at least 36 inches of clear width; (v) accessible light switches, electrical outlets
292and environmental controls; (vi) accessible bathroom; (vii) accessible and useable kitchen
293facilities; (viii) retrofitting of an existing unit to include permanently installed lifts or elevators;
294(ix) purchase and permanent installation of a backup electric generator for life sustaining
295electric-powered medical equipment for devices such as respirators, oxygen concentrators or
296dialysis machines; and (x) installation of a permanent home monitoring system for residents with
297Alzheimer’s disease and other forms of dementia.
298 “Commission”, the Massachusetts rehabilitation commission established pursuant to
299section 74 of chapter 6.
300 “Disability”, a physical or mental impairment that substantially limits one or more major
301life activities of an individual.
302 “Dwelling unit”, any house or building, or portion thereof, that is occupied, designed to
303be occupied, or is rented, leased or hired out to be occupied, as a home or residence of 1 or more
304persons.
305 “Eligible individual”, an individual who has a disability or the caregiver who owns or
306rents the residency in which the individual who has a disability will reside. 16 of 21
307 “Existing standards”, adaptability features prescribed by the Massachusetts state building
308code, the specifications of the American National Standards Institute, the Uniform Federal
309Accessibility Standards pursuant to 24 CFR Part 40 or Fair Housing Accessibility Guidelines
310pursuant to 24 CFR Part 100.
311 “Post-retrofit documentation”, evidence that the project has been completed including,
312but not limited to: (i) before and after pictures of the area that is retrofitted; (ii) copies of
313purchase contracts; (iii) invoices; (iv) cancelled checks; and (v) construction contracts.
314 “Sensory modification”, alarms, appliances and controls designed to assist sensory
315disabled individuals that are installed as a permanent part of the structure to the dwelling unit;
316provided, however that sensory modifications shall not include appliances or alarms that can be
317removed and reinstalled in another dwelling unit.
318 Section 32. (a) Any eligible individual, who intends to retrofit or contract with an
319individual or company to retrofit an existing dwelling unit; provided, that such retrofitting meets
320the qualification criteria as established in section 33, and meets the eligibility requirements
321established by guidelines developed by the department in consultation with the commission,
322shall be eligible for a livable home modification grant equal to not more than 50 per cent of the
323total amount spent; provided, that said livable home modification grant shall not exceed $5,000.
324 (b) An eligible individual who has a disability, a caregiver or a guardian may apply for a
325livable home modification pursuant to section 34.
326 Section 33. (a) To qualify for a livable home modification grant, the proposed
327modification or retrofitting of an existing dwelling unit must include at least 1 accessibility
328feature or sensory modification and meet the requirements of an existing standard. 17 of 21
329 (b) The eligible individual's income in the prior year shall not exceed 120 per cent of the
330area median income, as determined by the United States Department of Housing and Urban
331Development. The calculation of an eligible individual’s income shall only include the earnings
332of the individual with a disability and caregiver, if applicable; provided, that this calculation shall
333not include household income.
334 (c) If the eligible individual who has a disability was not required to file a federal tax
335return in the prior year, the resident shall be automatically eligible for a livable home
336modification grant; provided, however, that the eligible individual does not qualify or is not
337eligible for accessibility modifications funded through other local, state or federal programs.
338 Section 34. (a) Eligible individuals shall apply for a livable home modification grant by
339making application to the department, which shall issue a certification for an approved
340application to the individual who has a disability, caregiver or guardian.
341 (b) The department, in consultation with the commission, shall develop application
342guidelines that include, but shall not be limited to: (i) assessment of the individual who has the
343disability and the need for the livable home modifications; and (ii) proof of the eligible resident's
344income and documentation of any disability related exemptions.
345 (c) All applications shall be submitted and received by the department prior to the
346commencement of construction to modify or retrofit an existing residence to install accessibility
347features or sensory modifications.
348 Section 35. (a) Livable home modification grants shall only be allowed for the retrofitting
349or modification of a residential rental property, provided that the owner agrees to maintain the
350accessibility features or sensory modifications for 10 years. 18 of 21
351 (b) Individuals and other entities shall not be eligible to receive a livable home
352modification grant if they are:
353 (i) eligible for federal or state disabled access tax credits;
354 (ii) a limited liability company or foreign limited liability company, as defined by section
3552 of chapter 156C;
356 (iii) an S Corporation established pursuant to Subchapter S of Chapter 1 of the Internal
357Revenue Code, 26 USC §§ 1361 et seq.;
358 (iv) a cooperative housing corporation, as defined by section 4 of chapter 157B; or
359 (v) a corporation or foreign corporation, subject to chapter 156.
360 (c) Accessibility modifications that are eligible to be funded through local, state or
361federal programs shall not be eligible for livable home modification grants.
362 (d) Livable home modification grants shall not be used for the purchase or construction of
363residential rental property.
364 (e) The department shall not issue more than 1 livable home modification grant to an
365eligible individual or in relation to the modification or retrofitting of a dwelling unit.
366 Section 36. Applicants shall submit post-retrofit documentation to the department
367following the completion of the modification or retrofitting of the dwelling unit.
368 Section 37. The department shall, not later than August 31, submit an annual report to the
369governor, speaker of the house, senate president, and chairs of the joint committee on ways and
370means for preceding fiscal year. The annual report shall include, but shall not be limited to: 19 of 21
371 (i) number of grants issued to qualifying individuals;
372 (ii) number of applications that did not qualify;
373 (iii) total dollar amount of grants issued;
374 (iv) average dollar amount of the grants issued;
375 (v) number of retrofits by accessibility features; and
376 (vi) prognosis and estimated expenses for the individual if the retrofit had not been made,
377including: (1) increased likelihood of falls and other related emergency room, hospital or
378rehabilitation expenses; (2) loss of independence; and (3) move into a long-term care facility.
379 SECTION 49. The director of the department of housing and community development
380shall promulgate regulations necessary to implement and administer this act.
381 SECTION 50. Section 3 of chapter 40A of the General Laws, as appearing in the 2018
382Official Edition, is hereby amended by inserting after the last paragraph the following 3
383paragraphs:-
384 No zoning ordinance or by-law shall prohibit or require a special permit for the use of
385land or structures for an accessory dwelling unit, or the rental thereof, in a single-family
386residential zoning district on a lot with 5,000 square feet or more or on a lot of sufficient area to
387meet the requirements of title 5 of the state environmental code established by section 13 of
388chapter 21A, if applicable; provided, however, that the single-family dwelling or the accessory
389dwelling unit is occupied by at least 1 person with disabilities or 1 person who is elderly. 20 of 21
390 As used in this section, “accessory dwelling unit” shall mean a self-contained housing
391unit, inclusive of sleeping, cooking and sanitary facilities, incorporated within the same structure
392as a single-family dwelling or in a detached accessory structure and that: (i) maintains a separate
393entrance, either directly from the outside or through an entry hall or corridor shared with the
394single dwelling; (ii) shall not be sold separately from the single family dwelling; (iii) is not
395smaller in floor area than 450 square feet; (iv) may include up to two bedrooms; and (v) is not
396larger in floor area than ½ the floor area of the single family dwelling or 900 square feet,
397whichever is smaller; “person with disabilities” shall mean a person who has been determined to
398be disabled (i) in accordance with criteria established by local by-law or ordinance, if any, or (ii)
399by the Social Security Administration or MassHealth, notwithstanding any local by-law or
400ordinance; and “elderly” shall mean a person sixty-five years of age or older.
401 The zoning ordinance or by-law may require that the single-family dwelling or the
402accessory dwelling unit be owner-occupied and may limit the total number of accessory dwelling
403units in the municipality to a percentage not lower than 5 percent of the total non-seasonal
404housing units in the municipality. The use of land or structures for an accessory dwelling unit
405may be subject to reasonable regulations concerning dimensional setbacks and the bulk and
406height of structures. Not more than 1 additional parking space shall be required for an accessory
407dwelling unit but, if parking is required for the single family dwelling, that parking shall either
408be retained or replaced. An accessory dwelling unit allowed under this section is considered
409owner-occupied upon transfer of title of the single-family dwelling in whole or in part to a trust
410in which at least 1 beneficiary is a person with disabilities or a person who is elderly; provided,
411however, that either the single-family dwelling or the accessory dwelling unit remains occupied
412by that beneficiary. Nothing in this paragraph shall authorize an accessory dwelling unit to 21 of 21
413violate the building, fire, health or sanitary codes, historic or wetlands laws, or ordinances or by-
414laws.