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Massachusetts House Bill H2874

Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H2874 Compare Versions

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22 HOUSE DOCKET, NO. 3811 FILED ON: 1/20/2023
33 HOUSE . . . . . . . . . . . . . . . No. 2874
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Kate Lipper-Garabedian
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act promoting accessible dwellings for older adults and people with disabilities to remain in
1313 their communities.
1414 _______________
1515 PETITION OF:
1616 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
1717 HOUSE DOCKET, NO. 3811 FILED ON: 1/20/2023
1818 HOUSE . . . . . . . . . . . . . . . No. 2874
1919 By Representative Lipper-Garabedian of Melrose, a petition (accompanied by bill, House, No.
2020 2874) of Kate Lipper-Garabedian, Ruth B. Balser and James B. Eldridge relative to the taxation
2121 of accessible dwellings for older adults and people with disabilities. Revenue.
2222 The Commonwealth of Massachusetts
2323 _______________
2424 In the One Hundred and Ninety-Third General Court
2525 (2023-2024)
2626 _______________
2727 An Act promoting accessible dwellings for older adults and people with disabilities to remain in
2828 their communities.
2929 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
3030 of the same, as follows:
3131 1 SECTION 1. Chapter 59 of the General Laws, as appearing in the 2020 Official Edition,
3232 2is hereby amended by inserting after section 5N the following section:-
3333 3 Section 5O. (a) Notwithstanding any other general or special law to the contrary, in any
3434 4city or town that accepts this section, an owner of a residential property who has made
3535 5modifications to that residential property to improve accessibility or to allow that person to live
3636 6independently, shall be exempt from the increased real property tax due to the newly assessed
3737 7value of the property as a result of such modifications. Any reduction provided under this
3838 8section shall be in addition to any exemption or abatement to which that person is otherwise
3939 9entitled.
4040 10 (b) The exemption shall be available only if: (i) the taxpayer is 65 years of age or older;
4141 11(ii) the taxpayer is not a dependent of another taxpayer; (iii) the taxpayer occupies the property 2 of 21
4242 12as that person’s principal residence; (iv) the taxpayer’s total income does not exceed $40,000 for
4343 13a single individual who is not the head of a household, $50,000 for a head of a household and
4444 14$60,000 for 2 spouses filing a joint return; and (v) the assessed value of the residence does not
4545 15exceed $600,000.
4646 16 (c) The income limits in this section shall be increased by amounts equal to the income
4747 17limits multiplied by the cost-of-living adjustment for the calendar year in which such taxable
4848 18year begins, and the valuation limit in this section shall be increased by an amount equal to such
4949 19valuation limit multiplied by the cost-of-housing adjustment for the calendar year in which such
5050 20taxable year begins. If any such increase in an income or valuation limit is not a multiple of
5151 21$1,000, such increase shall be rounded to the next lowest multiple of $1,000. If the increase in
5252 22the exemption limit is not a multiple of $10, such increase shall be rounded to the next lowest
5353 23multiple of $10.
5454 24 (d) No exemption shall be allowed for a married individual unless a joint return is filed.
5555 25 (e) An owner of residential property who meets all the requirements of this section and
5656 26whose principal place of residence changes during the course of the year, may claim an
5757 27exemption for the increased real property tax due the increased assessment value with respect to
5858 28each such principal residence actually occupied during the year if modifications were made to
5959 29that residence for the purposes of improved accessibility or to allow that person to live
6060 30independently.
6161 31 (f) Any exemption provided by this section shall not be counted as income in
6262 32determining eligibility or benefits under any other means-tested assistance program, including, 3 of 21
6363 33but not limited to, all such cash, food, medical, housing, energy and educational assistance
6464 34programs.
6565 35 SECTION 2. The first paragraph of section 13A of chapter 22 of the General Laws, as
6666 36appearing in the 2020 Official Edition, is hereby amended by striking out the fourth paragraph,
6767 37consisting of lines 38 through 63, and inserting in place thereof the following four paragraphs:
6868 38The board shall make and from time to time alter, amend, and repeal, in accordance with the
6969 39provisions of chapter thirty A, rules and regulations designed to make multiple dwellings and
7070 40public buildings accessible to, functional for and safe for use by persons with disabilities. The
7171 41board shall also make rules and regulations requiring that any person who has lawful control of
7272 42improved or enclosed private property used as off-street parking areas where the public has a
7373 43right of access as invitees or licensees, shall reserve parking spaces in said off-street parking
7474 44areas for vehicles authorized to display handicapped plates or placards under section 2 of chapter
7575 4590; provided, that the parking requirements shall be consistent with the Americans with
7676 46Disabilities Act Standards for Accessible Design. The parking spaces reserved for vehicles of
7777 47such handicapped persons shall be clearly marked as such. The rules and regulations of the board
7878 48shall also establish standards and procedures designed to make adaptable for persons with
7979 49physical disabilities for any building, regardless of the date of construction, (1) all dwelling units
8080 50in multiple dwellings equipped with an elevator; (2) all ground floor dwelling units in multiple
8181 51dwellings not equipped with an elevator; and (3) all public use and common use portions of such
8282 52multiple dwellings, providing however, that in any building constructed before March thirteenth,
8383 53nineteen hundred and ninety one, such standards and procedures for dwelling units shall apply
8484 54only to such units within (1) any non-residential building undergoing a gut rehabilitation as part
8585 55of a change in use into a multiple dwelling facility, or (2) any residential building which is 4 of 21
8686 56vacant undergoing a gut rehabilitation. The rules and regulations of the board shall establish
8787 57standards and procedures designed to make accessible to, functional for and safe for use by
8888 58persons with physical disabilities residential buildings whenever constructed and without 2 the
8989 59restrictions in the above paragraph. Unless otherwise specified, five percent of the units in
9090 60lodging or residential facilities for hire, rent or lease, containing twenty or more units, shall meet
9191 61this requirement; provided, however, that accessible units shall allow five feet of turning radius
9292 62for a wheelchair in the kitchens and bathrooms. In the event that the board determines that the
9393 63need, in certain areas of the commonwealth, for such units either exceeds or does not require said
9494 64five percent, the board may require that, in said areas a percentage of units less than five percent
9595 65or not greater than ten percent be accessible and safe for 2 persons with disabilities; provided,
9696 66however, that said accessible units shall allow five feet of turning radius for a wheelchair in the
9797 67kitchens and bathrooms. The board may make such determination only if there is sufficient
9898 68factual basis, using data from the central registry of the Massachusetts Rehabilitation
9999 69Commission and other sources, to establish with a reasonable degree of certainty the present and
100100 70future needs for said accessible units in certain areas of the commonwealth. A percentage of less
101101 71than five percent shall not be established unless such accessible units, which are not needed by
102102 72persons with disabilities cannot be readily hired, rented, or leased to other persons. The rules and
103103 73regulations of the board shall include, but not be limited to, detailed architectural standards
104104 74further defining adaptable and accessible dwelling units, and such other provisions necessary to
105105 75provide rights and remedies substantially equivalent to or greater than the rights and remedies
106106 76provided by the federal Fair Housing Act, the Department of Justice’s Americans with
107107 77Disabilities Act Standards for Accessible Design and regulations thereunder as they pertain to
108108 78such multiple dwellings. 5 of 21
109109 79 SECTION 3. Said section 13A of said chapter 22, as so appearing, is hereby further
110110 80amended by striking out, in lines 11 and 12, the words “in behalf of the physically handicapped”
111111 81and inserting in place thereof the following words:- "on behalf of persons with disabilities".
112112 82 SECTION 4. Said section 13A of said chapter 22, as so appearing, is hereby further
113113 83amended by inserting after the word “buildings”, in line 67, the following words:- "and
114114 84facilities".
115115 85 SECTION 5. Said section 13A of said chapter 22, as so appearing, is hereby further
116116 86amended by inserting after the word “buildings”, in line 75, the following words:- "and
117117 87facilities".
118118 88 SECTION 6. Said section 13A of said chapter 22, as so appearing, is hereby further
119119 89amended by striking out, in lines 80 and 81, the words “handicapped persons,” and inserting in
120120 90place thereof the following words:- "persons with a disability”.
121121 91 SECTION 7. Said section 13A of said chapter 22, as so appearing, is hereby further
122122 92amended by striking out, in lines 88 and 89 the word “newspaper” and inserting in place thereof
123123 93the following words:- "forms of".
124124 94 SECTION 8. Said section 13A of said chapter 22, as so appearing, is hereby further
125125 95amended by inserting after the word “building”, in line 93, the following words:- 3 "or facility".
126126 96 SECTION 9. Said section 13A of said chapter 22, as so appearing, is hereby further
127127 97amended by inserting after the word “building”, in line 94, the following words:- "or facility". 6 of 21
128128 98 SECTION 10. Said section 13A of said chapter 22, as so appearing, is hereby further
129129 99amended by inserting after the word “changed to a”, in line 94, the following words:- "residential
130130 100use or a".
131131 101 SECTION 11. Said section 13A of said chapter 22, as so appearing, is hereby further
132132 102amended by inserting, in line 94, after the words “which the building” the following words:- "or
133133 103facility."
134134 104 SECTION 12. Said section 13A of said chapter 22, as so appearing, is hereby further
135135 105amended by inserting after the word “building”, in line 96, the following words:- "or facility".
136136 106 SECTION 13. Said section 13A of said chapter 22, as so appearing, is hereby further
137137 107amended by striking out, in lines 102 and 103, the words “physically handicapped persons” and
138138 108inserting in place thereof the following words:- "persons with a disability".
139139 109 SECTION 14. Said section 13A of said chapter 22, as so appearing, is hereby further
140140 110amended by striking out the eighth paragraph, consisting of lines 107 through 127.
141141 111 SECTION 15. Said section 13A of said chapter 22, as so appearing, is hereby further
142142 112amended by striking out, in lines 131 and 132, the word “person” and inserting in place thereof
143143 113the following words:- "building, or portion thereof,".
144144 114 SECTION 16. Said section 13A of said chapter 22, as so appearing, is hereby further
145145 115amended by inserting after the words “for a building”, in line 150, the following words:- "or
146146 116facility".
147147 117 SECTION 17. Said section 13A of said chapter 22, as so appearing, is hereby further
148148 118amended by inserting after the word “building”, in line 166, the following word:- ", facility". 7 of 21
149149 119 SECTION 18. Said section 13A of said chapter 32, as so appearing, is hereby further
150150 120amended by striking out, in lines 177, 179 and 187 the words “physically handicapped persons”
151151 121and inserting in place thereof, in each instance, the following words:- "persons with a disability".
152152 122 SECTION 19. Said section 13A of said chapter 22, as so appearing, is hereby further
153153 123amended by inserting after the definition of “Construction” the following definitions:-
154154 124"“Facility”, all or any portion of a building, structure, site improvement, complex, equipment,
155155 125road, walk, passageway, parking lot or other real or personal property, including the site where
156156 126the building, property, structure or equipment is located." “Gut Rehabilitation”, the general
157157 127replacement of the interior of a building that may or may not include changes to structural
158158 128elements such as flooring systems, columns or load bearing interior or exterior walls.
159159 129 SECTION 20. Said section 13A of said chapter 22, as so appearing, is hereby further
160160 130amended by striking out, in line 200, the words “Physically handicapped person” and inserting in
161161 131place thereof the following words:- "Person with a disability".
162162 132 SECTION 21. Said section 13A of said chapter 22, as so appearing, is hereby further
163163 133amended by striking out, in line 204, the words “Physically handicapped persons” and inserting
164164 134in place thereof the following words:- "A person with a disability.
165165 135 SECTION 22. The first paragraph of section 13A of chapter 22 of the General Laws, as
166166 136appearing in the 2018 Official Edition, is hereby amended by striking out the second and third
167167 137sentences and inserting in place thereof the following 3 sentences:-
168168 138 “Two of the appointive members shall be architects licensed to practice in the
169169 139commonwealth. One of the appointive members shall be a licensed building inspector. Three of 8 of 21
170170 140the appointive members shall be selected after consultation with advocacy groups on behalf of
171171 141persons with disabilities”
172172 142 SECTION 23. The first paragraph of section 13A of chapter 22 of the General Laws, as
173173 143so appearing, is hereby further amended by striking out the fourth paragraph, in lines 38 through
174174 14463, and inserting in place thereof the following four paragraphs:-
175175 145 The board shall make and from time to time alter, amend, and repeal, in accordance with
176176 146the provisions of chapter thirty A, rules and regulations designed to make multiple dwellings,
177177 147and public buildings and facilities, including but not limited to areas that are not generally in
178178 148public use, accessible to, functional for and safe for use by persons with disabilities. The board
179179 149shall also make rules and regulations requiring that any person who has lawful control of
180180 150improved or enclosed private property used as off-street parking areas where the public has a
181181 151right of access as invitees or licensees, shall reserve parking spaces in said off-street parking
182182 152areas for vehicles authorized to display handicapped plates or placards under section 2 of chapter
183183 15390; provided, that the parking requirements shall be consistent with the Americans with
184184 154Disabilities Act Standards for Accessible Design. The parking spaces reserved for vehicles of
185185 155such handicapped persons shall be clearly marked as such.
186186 156 The rules and regulations of the board shall also establish standards and procedures
187187 157designed to make adaptable for persons with physical disabilities for any building, regardless of
188188 158the date of construction, (1) all dwelling units in multiple dwellings equipped with an elevator;
189189 159(2) all ground floor dwelling units in multiple dwellings not equipped with an elevator; and (3)
190190 160all public use and common use portions of such multiple dwellings, providing however, that in
191191 161any building constructed before March thirteenth, nineteen hundred and ninety one, such 9 of 21
192192 162standards and procedures for dwelling units shall apply only to such units within (1) any non-
193193 163residential building undergoing a gut rehabilitation as part of a change in use into a multiple
194194 164dwelling facility, or (2) any residential building which is vacant undergoing a gut rehabilitation.
195195 165 The rules and regulations of the board shall establish standards and procedures designed
196196 166to make accessible to, functional for and safe for use by persons with physical disabilities
197197 167residential buildings whenever constructed and without the restrictions in the above paragraph.
198198 168Unless otherwise specified, five percent of the units in lodging or residential facilities for hire,
199199 169rent or lease, containing twenty or more units, shall meet this requirement; provided, however,
200200 170that accessible units shall allow five feet of turning radius for a wheelchair in the kitchens and
201201 171bathrooms. In the event that the board determines that the need, in certain areas of the
202202 172commonwealth, for such units either exceeds or does not require said five percent, the board may
203203 173require that, in said areas a percentage of units less than five percent or not greater than ten
204204 174percent be accessible and safe for persons with disabilities; provided, however, that said
205205 175accessible units shall allow five feet of turning radius for a wheelchair in the kitchens and
206206 176bathrooms. The board may make such determination only if there is sufficient factual basis,
207207 177using data from the central registry of the Massachusetts Rehabilitation Commission and other
208208 178sources, to establish with a reasonable degree of certainty the present and future needs for said
209209 179accessible units in certain areas of the commonwealth. A percentage of less than five percent
210210 180shall not be established unless such accessible units, which are not needed by persons with
211211 181disabilities cannot be readily hired, rented, or leased to other persons.
212212 182 The rules and regulations of the board shall include, but not be limited to, detailed
213213 183architectural standards further defining adaptable and accessible dwelling units, and such other
214214 184provisions necessary to provide rights and remedies substantially equivalent to or greater than 10 of 21
215215 185the rights and remedies provided by the Federal Fair Housing Act, the Department of Justice’s
216216 186Americans with Disabilities Act Standards for Accessible Design and regulations thereunder as
217217 187they pertain to such multiple dwellings.
218218 188 SECTION 25. Said section 13A of said chapter 22, as so appearing, is hereby further
219219 189amended by striking out, in lines 11 and 12, the words “in behalf of the physically handicapped”
220220 190and inserting in place thereof the following words:-
221221 191 “on behalf of persons with disabilities”.
222222 192 SECTION 26. Said section 13A of said chapter 22, as so appearing, is hereby further
223223 193amended by inserting after the word “buildings”, in line 67, the following words:-
224224 194 “and facilities”.
225225 195 SECTION 27. Said section 13A of said chapter 22, as so appearing, is hereby further
226226 196amended by inserting after the word “buildings”, in line 75, the following words:-
227227 197 “and facilities”.
228228 198 SECTION 28. Said section 13A of said chapter 22, as so appearing, is hereby further
229229 199amended by striking out, in lines 80 and 81, the words “handicapped persons,” and inserting in
230230 200place thereof the following words:-
231231 201 “persons with a disability”.
232232 202 SECTION 29. Said section 13A of said chapter 22, as so appearing, is hereby further
233233 203amended by striking out, in lines 88 and 89 the word “newspaper” and inserting in place thereof
234234 204the following words:- 11 of 21
235235 205 “forms of”.
236236 206 SECTION 30. Said section 13A of said chapter 22, as so appearing, is hereby further
237237 207amended by inserting after the word “building”, in line 93, the following words:-
238238 208 “or facility, including Areas not generally in Public Use”
239239 209 SECTION 31. Said section 13A of said chapter 22, as so appearing, is hereby further
240240 210amended by inserting after the word “building”, in line 94, the following words:-
241241 211 “or facility”.
242242 212 SECTION 32. Said section 13A of said chapter 22, as so appearing, is hereby further
243243 213amended by inserting after the word “changed to a”, in line 94, the following words:-
244244 214 “residential use or a”.
245245 215 SECTION 34. Said section 13A of said chapter 22, as so appearing, is hereby further
246246 216amended by inserting, in line 94, after the words “which the building” the following words:-
247247 217 “or facility.”
248248 218 SECTION 35. Said section 13A of said chapter 22, as so appearing, is hereby further
249249 219amended by inserting after the word “building”, in line 96, the following words:-
250250 220 “or facility”.
251251 221 SECTION 36. Said section 13A of said chapter 22, as so appearing, is hereby further
252252 222amended by striking out, in lines 102 and 103, the words “physically handicapped persons” and
253253 223inserting in place thereof the following words:- 12 of 21
254254 224 “persons with a disability”.
255255 225 SECTION374. Said section 13A of said chapter 22, as so appearing, is hereby further
256256 226amended by striking out the eighth paragraph, consisting of lines 107 through 127.
257257 227 SECTION 38. Said section 13A of said chapter 22, as so appearing, is hereby further
258258 228amended by striking out, in lines 131 and 132, the word “person” and inserting in place thereof
259259 229the following words:-
260260 230 “building, or portion thereof,”.
261261 231 SECTION 39. Said section 13A of said chapter 22, as so appearing, is hereby further
262262 232amended by inserting after the words “for a building”, in line 150, the following words:-
263263 233 “or facility”.
264264 234 SECTION 40. Said section 13A of said chapter 22, as so appearing, is hereby further
265265 235amended by inserting after the word “building”, in line 166, the following word:-
266266 236 “, facility”.
267267 237 SECTION 41. Said section 13A of said chapter 32, as so appearing, is hereby further
268268 238amended by striking out, in lines 177, 179 and 187 the words “physically handicapped persons”
269269 239and inserting in place thereof, in each instance, the following words:-
270270 240 “persons with a disability”.
271271 241 SECTION 42. Said section 13A of said chapter 22, as so appearing, is hereby further
272272 242amended by inserting after the definition of “Alteration”, the following definition:- 13 of 21
273273 243 “Areas that are not generally in public use,” areas not intended for use by the public, as
274274 244designated in the 1991 and 2010 Americans with Disabilities Act (ADA) Standards for
275275 245Accessible Design, and employee work areas.
276276 246 SECTION 43. Said section 13A of said chapter 22, as so appearing, is hereby further
277277 247amended by inserting after the definition of “Construction” the following definitions:-
278278 248 “Employee work area” all or any portion of a space used only by employees and used
279279 249only for work. Corridors, toilet rooms, kitchenettes and break rooms are considered “employee
280280 250work areas” and shall be made accessible in new construction, or where renovation work being
281281 251performed is otherwise subject to the jurisdiction of the Board. Corridors, toilet rooms,
282282 252kitchenettes and break rooms are not otherwise considered “employee work areas;” provided
283283 253however, that where corridors, toilet rooms, kitchenettes and break rooms constitute the path of
284284 254travel to or are essential to the use of employees for work, they shall be, when possible,
285285 255adaptable.
286286 256 “Facility”, all or any portion of a building, structure, site improvement, complex,
287287 257equipment, road, walk, passageway, parking lot or other real or personal property, including the
288288 258site where the building, property, structure or equipment is located.”
289289 259 “Gut rehabilitation,” the general replacement of the interior of a building that may or
290290 260may not include changes to structural elements such as flooring systems, columns or load
291291 261bearing interior or exterior walls.
292292 262 SECTION 44. Said section 13A of said chapter 22, as so appearing, is hereby further
293293 263amended by striking out the definition of “Public building” and inserting in place thereof the
294294 264following definition:- 14 of 21
295295 265 “Public building", buildings constructed by the commonwealth or any political
296296 266subdivision thereof with public funds and open to public use, including, but not limited to, those
297297 267constructed by public housing authorities, the Massachusetts Port Authority, the Massachusetts
298298 268Parking Authority, the Massachusetts Department of Transportation, the Massachusetts Bay
299299 269Transportation Authority, or building authorities of any public educational institution, or their
300300 270successors; and privately financed buildings that are open to and used by the public, including
301301 271but not limited to places of public accommodation listed in section 92A of chapter 272 of the
302302 272General Laws, and 42 U.S.C. section 12181(7).
303303 273 SECTION 45. Said section 13A of said chapter 22, as so appearing, is hereby further
304304 274amended by striking out, in line 200, the words “Physically handicapped person” and inserting in
305305 275place thereof the following words:-
306306 276 “Person with a disability”.
307307 277 SECTION 46. Said section 13A of said chapter 22, as so appearing, is hereby further
308308 278amended by striking out, in line 204, the words “Physically handicapped persons” and inserting
309309 279in place thereof the following words:-
310310 280 “A person with a disability.”
311311 281 SECTION 47. Not later than ninety days after the effective date of this act, the
312312 282Architectural Access Board shall promulgate regulations as necessary pursuant to this act’s
313313 283amendments of Chapter 22, section 13A.
314314 284 SECTION 48. Chapter 23B of the General Laws is hereby amended by adding the
315315 285following 7 sections:- 15 of 21
316316 286 Section 31. As used in section 31 to 37, inclusive, the following words shall have the
317317 287following meanings, unless the context clearly requires otherwise:-
318318 288 “Accessibility features”, accessibility features that meet the specifications of an existing
319319 289standard including: (i) accessibility ramp to a zero-step entrance from a driveway or public
320320 290sidewalk; (ii) zero-step entrance; (iii) doors with at least 32 inches of clear width; (iv) hallways
321321 291and passages with at least 36 inches of clear width; (v) accessible light switches, electrical outlets
322322 292and environmental controls; (vi) accessible bathroom; (vii) accessible and useable kitchen
323323 293facilities; (viii) retrofitting of an existing unit to include permanently installed lifts or elevators;
324324 294(ix) purchase and permanent installation of a backup electric generator for life sustaining
325325 295electric-powered medical equipment for devices such as respirators, oxygen concentrators or
326326 296dialysis machines; and (x) installation of a permanent home monitoring system for residents with
327327 297Alzheimer’s disease and other forms of dementia.
328328 298 “Commission”, the Massachusetts rehabilitation commission established pursuant to
329329 299section 74 of chapter 6.
330330 300 “Disability”, a physical or mental impairment that substantially limits one or more major
331331 301life activities of an individual.
332332 302 “Dwelling unit”, any house or building, or portion thereof, that is occupied, designed to
333333 303be occupied, or is rented, leased or hired out to be occupied, as a home or residence of 1 or more
334334 304persons.
335335 305 “Eligible individual”, an individual who has a disability or the caregiver who owns or
336336 306rents the residency in which the individual who has a disability will reside. 16 of 21
337337 307 “Existing standards”, adaptability features prescribed by the Massachusetts state building
338338 308code, the specifications of the American National Standards Institute, the Uniform Federal
339339 309Accessibility Standards pursuant to 24 CFR Part 40 or Fair Housing Accessibility Guidelines
340340 310pursuant to 24 CFR Part 100.
341341 311 “Post-retrofit documentation”, evidence that the project has been completed including,
342342 312but not limited to: (i) before and after pictures of the area that is retrofitted; (ii) copies of
343343 313purchase contracts; (iii) invoices; (iv) cancelled checks; and (v) construction contracts.
344344 314 “Sensory modification”, alarms, appliances and controls designed to assist sensory
345345 315disabled individuals that are installed as a permanent part of the structure to the dwelling unit;
346346 316provided, however that sensory modifications shall not include appliances or alarms that can be
347347 317removed and reinstalled in another dwelling unit.
348348 318 Section 32. (a) Any eligible individual, who intends to retrofit or contract with an
349349 319individual or company to retrofit an existing dwelling unit; provided, that such retrofitting meets
350350 320the qualification criteria as established in section 33, and meets the eligibility requirements
351351 321established by guidelines developed by the department in consultation with the commission,
352352 322shall be eligible for a livable home modification grant equal to not more than 50 per cent of the
353353 323total amount spent; provided, that said livable home modification grant shall not exceed $5,000.
354354 324 (b) An eligible individual who has a disability, a caregiver or a guardian may apply for a
355355 325livable home modification pursuant to section 34.
356356 326 Section 33. (a) To qualify for a livable home modification grant, the proposed
357357 327modification or retrofitting of an existing dwelling unit must include at least 1 accessibility
358358 328feature or sensory modification and meet the requirements of an existing standard. 17 of 21
359359 329 (b) The eligible individual's income in the prior year shall not exceed 120 per cent of the
360360 330area median income, as determined by the United States Department of Housing and Urban
361361 331Development. The calculation of an eligible individual’s income shall only include the earnings
362362 332of the individual with a disability and caregiver, if applicable; provided, that this calculation shall
363363 333not include household income.
364364 334 (c) If the eligible individual who has a disability was not required to file a federal tax
365365 335return in the prior year, the resident shall be automatically eligible for a livable home
366366 336modification grant; provided, however, that the eligible individual does not qualify or is not
367367 337eligible for accessibility modifications funded through other local, state or federal programs.
368368 338 Section 34. (a) Eligible individuals shall apply for a livable home modification grant by
369369 339making application to the department, which shall issue a certification for an approved
370370 340application to the individual who has a disability, caregiver or guardian.
371371 341 (b) The department, in consultation with the commission, shall develop application
372372 342guidelines that include, but shall not be limited to: (i) assessment of the individual who has the
373373 343disability and the need for the livable home modifications; and (ii) proof of the eligible resident's
374374 344income and documentation of any disability related exemptions.
375375 345 (c) All applications shall be submitted and received by the department prior to the
376376 346commencement of construction to modify or retrofit an existing residence to install accessibility
377377 347features or sensory modifications.
378378 348 Section 35. (a) Livable home modification grants shall only be allowed for the retrofitting
379379 349or modification of a residential rental property, provided that the owner agrees to maintain the
380380 350accessibility features or sensory modifications for 10 years. 18 of 21
381381 351 (b) Individuals and other entities shall not be eligible to receive a livable home
382382 352modification grant if they are:
383383 353 (i) eligible for federal or state disabled access tax credits;
384384 354 (ii) a limited liability company or foreign limited liability company, as defined by section
385385 3552 of chapter 156C;
386386 356 (iii) an S Corporation established pursuant to Subchapter S of Chapter 1 of the Internal
387387 357Revenue Code, 26 USC §§ 1361 et seq.;
388388 358 (iv) a cooperative housing corporation, as defined by section 4 of chapter 157B; or
389389 359 (v) a corporation or foreign corporation, subject to chapter 156.
390390 360 (c) Accessibility modifications that are eligible to be funded through local, state or
391391 361federal programs shall not be eligible for livable home modification grants.
392392 362 (d) Livable home modification grants shall not be used for the purchase or construction of
393393 363residential rental property.
394394 364 (e) The department shall not issue more than 1 livable home modification grant to an
395395 365eligible individual or in relation to the modification or retrofitting of a dwelling unit.
396396 366 Section 36. Applicants shall submit post-retrofit documentation to the department
397397 367following the completion of the modification or retrofitting of the dwelling unit.
398398 368 Section 37. The department shall, not later than August 31, submit an annual report to the
399399 369governor, speaker of the house, senate president, and chairs of the joint committee on ways and
400400 370means for preceding fiscal year. The annual report shall include, but shall not be limited to: 19 of 21
401401 371 (i) number of grants issued to qualifying individuals;
402402 372 (ii) number of applications that did not qualify;
403403 373 (iii) total dollar amount of grants issued;
404404 374 (iv) average dollar amount of the grants issued;
405405 375 (v) number of retrofits by accessibility features; and
406406 376 (vi) prognosis and estimated expenses for the individual if the retrofit had not been made,
407407 377including: (1) increased likelihood of falls and other related emergency room, hospital or
408408 378rehabilitation expenses; (2) loss of independence; and (3) move into a long-term care facility.
409409 379 SECTION 49. The director of the department of housing and community development
410410 380shall promulgate regulations necessary to implement and administer this act.
411411 381 SECTION 50. Section 3 of chapter 40A of the General Laws, as appearing in the 2018
412412 382Official Edition, is hereby amended by inserting after the last paragraph the following 3
413413 383paragraphs:-
414414 384 No zoning ordinance or by-law shall prohibit or require a special permit for the use of
415415 385land or structures for an accessory dwelling unit, or the rental thereof, in a single-family
416416 386residential zoning district on a lot with 5,000 square feet or more or on a lot of sufficient area to
417417 387meet the requirements of title 5 of the state environmental code established by section 13 of
418418 388chapter 21A, if applicable; provided, however, that the single-family dwelling or the accessory
419419 389dwelling unit is occupied by at least 1 person with disabilities or 1 person who is elderly. 20 of 21
420420 390 As used in this section, “accessory dwelling unit” shall mean a self-contained housing
421421 391unit, inclusive of sleeping, cooking and sanitary facilities, incorporated within the same structure
422422 392as a single-family dwelling or in a detached accessory structure and that: (i) maintains a separate
423423 393entrance, either directly from the outside or through an entry hall or corridor shared with the
424424 394single dwelling; (ii) shall not be sold separately from the single family dwelling; (iii) is not
425425 395smaller in floor area than 450 square feet; (iv) may include up to two bedrooms; and (v) is not
426426 396larger in floor area than ½ the floor area of the single family dwelling or 900 square feet,
427427 397whichever is smaller; “person with disabilities” shall mean a person who has been determined to
428428 398be disabled (i) in accordance with criteria established by local by-law or ordinance, if any, or (ii)
429429 399by the Social Security Administration or MassHealth, notwithstanding any local by-law or
430430 400ordinance; and “elderly” shall mean a person sixty-five years of age or older.
431431 401 The zoning ordinance or by-law may require that the single-family dwelling or the
432432 402accessory dwelling unit be owner-occupied and may limit the total number of accessory dwelling
433433 403units in the municipality to a percentage not lower than 5 percent of the total non-seasonal
434434 404housing units in the municipality. The use of land or structures for an accessory dwelling unit
435435 405may be subject to reasonable regulations concerning dimensional setbacks and the bulk and
436436 406height of structures. Not more than 1 additional parking space shall be required for an accessory
437437 407dwelling unit but, if parking is required for the single family dwelling, that parking shall either
438438 408be retained or replaced. An accessory dwelling unit allowed under this section is considered
439439 409owner-occupied upon transfer of title of the single-family dwelling in whole or in part to a trust
440440 410in which at least 1 beneficiary is a person with disabilities or a person who is elderly; provided,
441441 411however, that either the single-family dwelling or the accessory dwelling unit remains occupied
442442 412by that beneficiary. Nothing in this paragraph shall authorize an accessory dwelling unit to 21 of 21
443443 413violate the building, fire, health or sanitary codes, historic or wetlands laws, or ordinances or by-
444444 414laws.