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SENATE DOCKET, NO. 1818 FILED ON: 1/20/2023
SENATE . . . . . . . . . . . . . . No. 1299
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Patricia D. Jehlen
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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 enabling cities and towns to stabilize rents and protect tenants.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :Patricia D. JehlenSecond MiddlesexAdam GomezHampden1/20/2023Susannah M. Whipps2nd Franklin1/25/2023Jack Patrick Lewis7th Middlesex1/31/2023Rebecca L. RauschNorfolk, Worcester and Middlesex1/31/2023Mike Connolly26th Middlesex1/31/2023Jason M. LewisFifth Middlesex1/31/2023Vanna Howard17th Middlesex2/1/2023Liz MirandaSecond Suffolk2/9/2023Carmine Lawrence Gentile13th Middlesex2/10/2023James B. EldridgeMiddlesex and Worcester2/10/2023 1 of 4
SENATE DOCKET, NO. 1818 FILED ON: 1/20/2023
SENATE . . . . . . . . . . . . . . No. 1299
By Ms. Jehlen, a petition (accompanied by bill, Senate, No. 1299) of Patricia D. Jehlen, Adam
Gomez, Susannah M. Whipps, Jack Patrick Lewis and other members of the General Court for
legislation to enable cities and towns to stabilize rents and protect tenants. Municipalities and
Regional Government.
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
An Act enabling cities and towns to stabilize rents and protect tenants.
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 40P of the General Laws, as appearing in the 2020 Official Edition,
2is repealed.
3 SECTION 2. The General Laws are hereby amended by inserting after chapter 49A the
4following chapter:-
5 CHAPTER 49B
6 LIMITATION OF ANNUAL RENT INCREASES AND NO FAULT EVICTIONS
7 Section 1. A city or town may accept this chapter in its entirety in the manner provided in
8section 4 of chapter 4 of the General Laws. The acceptance of this local option by a municipality
9shall take effect no later than 180 days after adoption. A municipality that accepts this section
10shall adopt an ordinance or bylaw which effectuates the provisions of this chapter no later than
11180 days after acceptance. 2 of 4
12 Section 2. A city or town accepting this chapter may, by local charter provision,
13ordinance, by-law, majority vote of its governing body or through a local binding ballot measure
14impose a limit on the size of annual rent increases and require that evictions be based on defined
15just cause reasons, for certain dwelling units within the municipality.
16 Section 3. Exemptions. (a) For the purposes of this chapter, covered dwelling units shall
17not include:
18 (i) Dwelling units in owner-occupied buildings with four or fewer units.
19 (ii) Dwelling units whose rent is subject to regulation by a public authority. Occupancy
20by a tenant with a mobile housing voucher does not exempt an otherwise covered dwelling unit.
21 (iii) College or university dormitories where group sleeping accommodations are
22provided in one room, or in a series of closely associated rooms.
23 (iv) Facilities for the residential care of the elderly.
24 (v) Dwelling units for which the first residential certificate of occupancy was issued on or
25after January 1, 2020 shall be exempt for a period of 5 years from the date at which such
26certificate of occupancy was issued.
27 (b) Where dwelling units are exempt, a notice of exemption must be provided with the
28lease for all tenancies. If there is no written lease for such dwelling units, the tenants-at-will must
29be provided with a written notice of exemption.
30 Section 4. (a) The limit on any annual rent increase for a covered dwelling unit as defined
31in Section 3(a) shall not exceed the annual change in the Consumer Price Index for the applicable
32area or 5 per cent, whichever is lower. 3 of 4
33 (b) For purposes of this chapter, the rent amount in place 12 months prior to the date of
34adoption shall serve as the base rent upon which any annual rent increase shall be applied. If the
35dwelling unit is currently vacant, the last rent amount charged shall serve as the base rent. If
36there was no previous rent amount, or if no rent has been charged for at least the previous five
37years, for a dwelling unit not exempted under Section 3(a) the rent amount the owner first
38charges shall serve as the base rent.
39 Section 5. Cities and towns adopting this chapter shall require that any landlord have just
40cause for initiating eviction or not renewing a lease; just cause may be further defined by the
41municipality, but must include the following:
42 (1)Nonpayment of rent
43 (2)Tenant commits a substantial violation of a material lease term or term of the
44tenancy
45 (3)Tenant engages in criminal activity that threatens the health and safety of other
46residents, or persons lawfully on the premises
47 (4)Owner seeks to remove the unit from the rental market to convert to cooperative
48or condominium, to demolish or convert to non-residential use, or to occupy the unit as the
49owner’s principal residence
50 Section 6. Cities and towns adopting this chapter shall provide annual reports to the
51department of housing and community development, which shall include but not be limited to:
52the text of the ordinance or bylaw adopting this chapter; any studies undertaken in informing
53adoption of the ordinance or bylaw; the number of units affected by the ordinance or bylaw; and 4 of 4
54any other relevant data as determined by the department of housing and community
55development.
56 Section 7. Any violation of this section shall be deemed an unfair and deceptive act under
57chapter 93A of the General Laws. Any person claiming a violation of this section may pursue
58remedies under section 9 of chapter 93A. The attorney general is hereby authorized to bring an
59action under section 4 of chapter 93A to enforce this provision and to obtain restitution, civil
60penalties, injunctive relief, and any other relief awarded pursuant to said chapter 93A.
61 Section 8. Nothing in this section shall be construed to interfere with any existing rights
62or protections afforded to tenants under current state or federal law.