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HOUSE DOCKET, NO. 896 FILED ON: 1/17/2023
HOUSE . . . . . . . . . . . . . . . No. 2893
The Commonwealth of Massachusetts
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PRESENTED BY:
Samantha Montaño
_________________
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 to protect elder housing.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Samantha Montaño15th Suffolk1/10/2023Mindy Domb3rd Hampshire2/2/2023Michael O. MooreSecond Worcester2/2/2023Vanna Howard17th Middlesex2/2/2023Alan Silvia7th Bristol2/7/2023 1 of 4
HOUSE DOCKET, NO. 896 FILED ON: 1/17/2023
HOUSE . . . . . . . . . . . . . . . No. 2893
By Representative Montaño of Boston, a petition (accompanied by bill, House, No. 2893) of
Samantha Montaño and others relative to freezing of the rate and valuation of taxes on real
income to protect elder housing. Revenue.
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 to protect elder housing.
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. Section 5 of chapter 59 of the General Laws is hereby amended by adding
2the following clause: –
3 Fifty-ninth. A city or town that accepts this section pursuant to section 4 of chapter 4 may
4provide for the freezing of the rate and valuation of taxes on real income from all sources in
5excess of a figure as determined by the legislative body, to any person who is of the requisite age
6or older or to any person who is totally and permanently disabled, regardless of age and who
7does not have income from all sources in excess of a figure as determined by the legislative
8body; provided further, that the exemption is not allowed unless the person entitled to it has
9presented to the assessors, on or before the last day on which sworn statements may be filed with
10the assessors for the year for which the tax freeze is claimed, or for taxes assessed, evidence that
11he or she is entitled, which evidence shall stand as long as his or her legal residence remains
12unchanged. 2 of 4
13 The board of assessors may deny an application for a freeze of tax or rate or valuation if
14they find the applicant has excessive assets that place the applicant outside of the intended
15recipients of the senior exemption created by the legislative body of a municipality. A real
16property shall qualify if all of the following criteria are met: (1) a maximum valuation of real
17property as determined by assessor; (2) the real property is owned and occupied by the applicant
18or joint applicants as their domicile; (3) the applicant or at least 1 of the joint applicants has been
19domiciled in the city or town for at least 10 consecutive years before filing an application for the
20exemption; (4) income and assets of the applicant or joint applicant is not in excess of the
21parameter as determined by the legislative body of the city or town in which the applicant is
22applying; (5) the real property owned by a single applicant is of the requisite age determined by
23the legislative body of the city or town or older at the close of the previous year or jointly by
24persons either of whom have reached the required age or above at the close of the previous year
25and if the joint applicant is 65 years of age or older.
26 The exemptions provided for in this clause shall be in addition to any other exemption
27provided by law; provided however, that the real estate is not taken from the tax rolls and is
28subject to the bonded indebtedness of the city or town.
29 SECTION 2. Chapter 239 of the General Laws is hereby amended by inserting after
30section 2A the following section: -
31 Section 2B. (a) In any city or town that accepts this section as provided in section 4 of
32chapter 4, a lessor may not recover possession of a leased unit within a residential building
33consisting of 6 units, or more, from a lessee 75 years of age, or older, unless the court finds that:
34(i) the lessee has failed to pay the rent to which the lessor is entitled; (ii) the lessee has violated 3 of 4
35an obligation or covenant of his or her tenancy not inconsistent with chapter 93A or the
36regulations issued pursuant thereto or this section, other than the obligation to surrender
37possession upon proper notice, and the lessee has failed to cure such violation after having
38received written notice thereof from the lessor; (iii) the lessee is committing or permitting to
39exist a nuisance in or is causing substantial damage to the leased unit or is creating a substantial
40interference with the comfort, safety or enjoyment of the lessor or other occupants of the same or
41any adjacent accommodations; (iv) the lessee has used or permitted a leased unit to be used for
42any illegal purposes; (v) the lessee, who had a written lease agreement which terminated or is a
43tenant at will, has refused, after written request or demand by the lessor, to execute a written
44extension or renewal thereof or lease for a further term of like duration, at a rental rate that does
45not exceed 105 per cent of the rental rate under the prior lease agreement or at will tenancy, and
46on such terms that are not inconsistent with or violative of any provision of chapter 93A or the
47regulations issued pursuant thereto, or of this section; (vi) the lessee has refused the lessor
48reasonable access to the unit for the purpose of making necessary repairs or improvements
49required by the laws of the commonwealth or any political subdivision thereof, or for the purpose
50of inspection as permitted or required by such lessee's lease agreement or by law, or for the
51purpose of showing the leased unit to any prospective purchaser or mortgagee; (vii) the person
52holding at the end of a lease term is a sublessee not approved by the lessor; (viii) the lessor seeks
53in good faith to recover possession of a leased unit for his or her own use and occupancy or for
54the use and occupancy by his or her spouse, children, grandchildren, great grandchildren,
55parents, grandparents, brother, sister, father-in-law, mother-in-law, son-in-law or daughter-in-
56law, and has provided the tenant with 180 days written notice and an offer of a relocation
57assistance payment equal to at least 3 months’ rent; or (ix) the lessor seeks to recover possession 4 of 4
58for any other just cause, provided that the lessor’s purpose is not in conflict with the provisions
59and purposes of chapter 93A or the regulations issued pursuant thereto or this section.
60 (b) A lessor shall notify the clerk’s office of the city or town in which the leased unit is
61located prior to initiating judicial proceedings in compliance with this section.
62 (c) A lessor who recovers possession of a leased unit in violation of this section shall be
63punished by a fine not less than $5,000. Each such recovery in violation of this section shall
64constitute a separate offense. The housing court shall have jurisdiction over an action arising
65from a violation of this section and shall have jurisdiction in equity to restrain any such violation.
66It shall be a defense to a lessee in an action pursuant to this section that a lessor attempted to
67recover a leased unit in violation of this section.