Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H3734

Introduced
4/6/23  

Caption

Establishing a real estate transfer fee upon the transfer of property in the city known as the town of Amherst

Impact

The implementation of this bill will notably affect state and local laws concerning real estate transactions by allowing Amherst to impose a fee that funds both the town’s general fund and the Amherst Municipal Affordable Housing Trust Fund. The legislation specifies the allocation of funds raised, mandating that the first $250,000 collected each fiscal year supports affordable housing initiatives. This could enhance local efforts to tackle housing shortages or support community projects, thus potentially stabilizing or increasing housing availability in the region.

Summary

House Bill H3734 proposes the establishment of a real estate transfer fee in the town of Amherst, set at a maximum of 2% of the purchase price upon the transfer of property interests. The bill has been put forth by legislators Mindy Domb and Joanne M. Comerford as a means for the town to generate additional revenue through property transactions. The fee would apply to both direct property transfers and transfers of interests in entities that own residential properties in Amherst, reinforcing local control over real estate transactions in the area.

Contention

There may be points of contention regarding the specific exemptions permitted within the bill. Transfers that fall under certain conditions, such as those between family members or minimal-value transactions, are exempt from the fee. Debates may arise over what constitutes a controlling interest and the challenges in proving exemptions, which could lead to concerns about implementation and compliance among local residents. Additionally, the bill does not allow Amherst to reduce or eliminate the specified exemptions, raising questions about local governance and flexibility in addressing future community needs.

Companion Bills

MA H3804

Similar To Establishing the Martha’s Vineyard housing bank

MA H3845

Similar To Authorizing the city of Somerville to impose a real estate transfer fee

MA H4063

Similar To Authorizing the city of Cambridge to impose a real estate transfer fee

MA H4827

Similar To Establishing a real estate transfer fee upon the transfer of residential property in the Town of Falmouth for the purpose of funding affordable housing

MA S2949

Similar To Authorizing the town of Nantucket to impose a real estate transfer fee for affordable and workforce housing and related capital improvements

MA H5045

Replaced by Study Order

Similar Bills

TX HB2893

Relating to the procedures for transferring certain cases and proceedings between courts.

LA HB611

Provides for revisions relative to the electronic transfer of funds

TX HB1365

Relating to the procedure for transferring certain cases and proceedings between courts.

CA AB3041

Real estate transfer fees: prohibition.

TX SB2027

Relating to the procedure for transferring certain cases and proceedings between courts.

CA SB302

Joint powers agencies: Orange County Fire Authority: funds.

CA AB928

Student Transfer Achievement Reform Act of 2021: Associate Degree for Transfer Intersegmental Implementation Committee.

LA HB1133

Prohibits private transfer fee obligations