Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H3744 Compare Versions

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

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 4216 FILED ON: 3/15/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 3744
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	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 petition for a special law authorizing the city of Boston to implement rent stabilization
13	13	and tenant eviction protections.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :DATE ADDED:Samantha Montaño15th Suffolk3/15/2023 1 of 6
17	17	HOUSE DOCKET, NO. 4216 FILED ON: 3/15/2023
18	18	HOUSE . . . . . . . . . . . . . . . No. 3744
19	19	By Representative Montaño of Boston, a petition (accompanied by bill, House, No. 3744) of
20	20	Samantha Montaño (with the approval of the mayor and city council) that the city of Boston be
21	21	authorized to implement rent stabilization and tenant eviction protections. Housing. [Local
22	22	Approval Received.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Third General Court
26	26	(2023-2024)
27	27	_______________
28	28	An Act petition for a special law authorizing the city of Boston to implement rent stabilization
29	29	and tenant eviction protections.
30	30	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
31	31	of the same, as follows:
32	32	1 ORDERED: That a petition to the General Court, accompanied by a bill for a special law
33	33	2relating to the City of Boston to be filed with an attested copy of this order be, and hereby is,
34	34	3approved under Clause 1 of Section 8 of Article II, as amended, of the Articles of Amendment to
35	35	4the Constitution of the Commonwealth of Massachusetts, provided that the Legislature may
36	36	5reasonably vary the form and substance of the requested legislation within the scope of the
37	37	6general public objectives of this petition.
38	38	7 PETITION FOR A SPECIAL LAW AUTHORIZING THE CITY OF BOSTON TO
39	39	8IMPLEMENT RENT STABILIZATION AND TENANT EVICTION PROTECTIONS
40	40	9 SECTION 1. Findings and purpose. The general court finds and declares that a serious
41	41	10state of emergency exists in the City of Boston (“the City”) with respect to housing, whereby
42	42	11there is an inadequate supply of low cost rental housing; that, further action to protect residents 2 of 6
43	43	12from exorbitant rent increases and evictions is necessary to address serious threats to the public
44	44	13health, safety and general welfare, including housing insecurity, rent burden, homelessness, and
45	45	14displacement, and further finds that a rent stabilization ordinance will address the most egregious
46	46	15rent increases.
47	47	16 SECTION 2. Power for local rent regulation. The City of Boston may, by ordinance,
48	48	17regulate the rent in multi-family housing and provide for reasonable exemptions from such
49	49	18regulation.
50	50	19 (a) This section shall not apply to the following types of residential properties or
51	51	20residential circumstances:
52	52	21 (i) Properties with six or fewer dwelling units in which one of the dwelling units is the
53	53	22owner’s principal residence.
54	54	23 (ii) Units in hotels, motels, or other facilities occupied by transient guests.
55	55	24 (iii) Housing accommodations in a nonprofit hospital, religious facility, extended care
56	56	25facility, or licensed residential care facility for the elderly.
57	57	26 (iv) Dormitories owned and operated by an institution of higher education.
58	58	27 (v) Dwelling units in which the tenant shares bathroom or kitchen facilities with the
59	59	28owner who maintains their principal residence at the residential real property.
60	60	29 (vi) Dwelling units for which the permanent certificate of occupancy is less than 15 years
61	61	30old and were created as a result of 1) Ground up new construction, 2) a physical addition to an
62	62	31existing residential building, or 3) conversion from another use to residential. 3 of 6
63	63	32 (vii) Dwelling units where the tenant pays a set percentage of their income to rent, either
64	64	33because they hold a voucher, the unit is public housing, the unit has a project based voucher, or
65	65	34where applicable federal or state law or administrative regulations specifically exempt them from
66	66	35rent stabilization regulations.
67	67	36 (b) The City, on an annual basis, may set an annual maximum percentage rent increase
68	68	37for rental units covered by this section, based on the change in the consumer price index, plus six
69	69	38percent, or a maximum percentage increase of ten percent, whichever is lower. “Consumer price
70	70	39index” refers to the annual 12-month average change in the Consumer Price Index for All Urban
71	71	40Consumers, Boston-Cambridge-Newton (All Items), as published by the Bureau of Labor
72	72	41Statistics of the United States Department of Labor in September of the prior calendar year.
73	73	42 (c) For rental dwelling units covered by this section, an owner shall not, over the course
74	74	43of any 12-month period, increase the gross rental rate for a more than the percentage allowed in
75	75	44part (b) above, times the lowest gross rental rate charged for that tenant at any time during the 12
76	76	45months prior to the effective date of the increase.
77	77	46 (d) For a new tenancy in which no tenant from the prior tenancy remains in lawful
78	78	47possession of the dwelling unit, the owner may establish the initial rental rate not subject to this
79	79	48section. This section is only applicable to subsequent increases after that initial rental rate has
80	80	49been established.
81	81	50 (e) The City may provide for fair return standards for the regulation of rent, which may
82	82	51include but are not limited to, changes to permissible rental rates based upon certain maintenance
83	83	52and capital costs and rapid increases in property taxes. 4 of 6
84	84	53 (f) The City may set tenant notification and rental registration requirements as necessary
85	85	54to effectuate this section.
86	86	55 (g) The City may establish or designate an administrator or board, to promulgate
87	87	56regulations pursuant to this section and govern local rent regulation.
88	88	57 SECTION 3. Just cause eviction protection. The provisions of this section shall be
89	89	58applicable to all housing accommodations in the City of Boston; provided however, that the City
90	90	59may provide for exemptions from the provisions of this section and any such exemption shall be
91	91	60included in an ordinance adopted by the City. The City may, by ordinance, provide that a owner
92	92	61shall not recover possession of a leased unit within residential dwelling unit unless the Housing
93	93	62Court finds that:
94	94	63 (a) the tenant has failed to pay the rent to which the owner is entitled;
95	95	64 (b) the tenant has violated an obligation or covenant of his or her tenancy not inconsistent
96	96	65with Massachusetts General Law chapter 93A, or this section, or the regulations issued pursuant
97	97	66thereto, other than the obligation to surrender possession upon proper notice; and the tenant has
98	98	67failed to cure such violation after having received written notice thereof from the owner;
99	99	68 (c) the tenant is committing or permitting to exist a nuisance in or is causing substantial
100	100	69damage to the leased unit, or is creating a substantial interference with the comfort, safety or
101	101	70enjoyment of the owner or other occupants of the same or any adjacent accommodations;
102	102	71 (d) the tenant has used or permitted a leased unit to be used for any illegal purposes;
103	103	72 (e) the tenant, who had a written lease agreement which terminated or is a tenant at will,
104	104	73has refused, after written request or demand by the owner, to execute a written extension or 5 of 6
105	105	74renewal thereof or lease for a further term of like duration, at a rental rate that does not exceed
106	106	75the percentage set by the City of Boston, in accordance with this legislation and the ordinance
107	107	76enacted as a result of this legislation;
108	108	77 (f) the tenant has refused the owner reasonable access to the unit for the purpose of
109	109	78making necessary repairs or improvements required by the laws of the commonwealth or the
110	110	79City of Boston, or for the purpose of inspection as permitted or required by such tenant's lease
111	111	80agreement or by law, or for the purpose of showing the leased unit to any prospective purchaser
112	112	81or mortgagee;
113	113	82 (g) the person holding at the end of a lease term is a subtenant not approved by the
114	114	83owner;
115	115	84 (h) the owner seeks in good faith to recover possession of a leased unit for his or her own
116	116	85use and occupancy or for the use and occupancy by his or her spouse, children, grandchildren,
117	117	86great grandchildren, parents, grandparents, brother, sister, father-in-law, mother-in-law, son-in-
118	118	87law, or daughter-in-law, and has provided the tenant with notice and a relocation payment as
119	119	88established by the City by ordinance; or
120	120	89 (i) the owner seeks to recover possession for any other just cause, provided that his or her
121	121	90purpose is not in conflict with the provisions and purposes of said chapter 93A or this section.
122	122	91 SECTION 4. Condominium and cooperative conversions. The City of Boston may, by
123	123	92ordinance, regulate the conversion of residential dwellings to condominiums or cooperatives.
124	124	93Such ordinance may include tenant notification requirements, relocation plans, tenant relocation
125	125	94payments, permits, permit fees, and exemptions. Notification requirements and relocation
126	126	95payments may vary based on income, age, and disability. 6 of 6
127	127	96 SECTION 5. Demolitions and substantial renovations. The City of Boston may, by
128	128	97ordinance, create
129	129	98 requirements for tenant notification requirements, relocation plans, and tenant relocation
130	130	99payments where an owner is seeking to demolish or substantially renovate a property that
131	131	100requires a tenant to move. Notification requirements and relocation payments may vary based on
132	132	101income, age, and disability.
133	133	102 SECTION 6. Severance Clause. The determination or declaration that any provision of
134	134	103this act is beyond the authority of the general court or is preempted by law or regulation shall not
135	135	104affect the validity or enforceability of any other provisions.
136	136	105 SECTION 7. Effective Date. This act shall take effect immediately upon signing by the
137	137	106Governor.