Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S2623 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 3006 FILED ON: 1/22/2024
3	3	SENATE . . . . . . . . . . . . . . No. 2623
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Cynthia Stone Creem
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 authorizing the town of Brookline to implement rent stabilization and tenant eviction
13	13	protections.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :Cynthia Stone CreemNorfolk and Middlesex 1 of 6
17	17	SENATE DOCKET, NO. 3006 FILED ON: 1/22/2024
18	18	SENATE . . . . . . . . . . . . . . No. 2623
19	19	By Ms. Creem, a petition (accompanied by bill, Senate, No. 2623) of Cynthia Stone Creem (by
20	20	vote of the town) to authorize the town of Brookline to implement rent stabilization and tenant
21	21	eviction protections. Housing. [Local Approval Received.]
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Third General Court
25	25	(2023-2024)
26	26	_______________
27	27	An Act authorizing the town of Brookline to implement rent stabilization and tenant eviction
28	28	protections.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. FINDINGS AND PURPOSE.
32	32	2 The general court finds and declares that a serious state of emergency exists in the Town
33	33	3of Brookline (“the Town”) with respect to housing, whereby there is an inadequate supply of
34	34	4low-cost rental housing; that, further action to protect residents from exorbitant rent increases
35	35	5and evictions is necessary to address serious threats to the public health, safety and general
36	36	6welfare, including housing insecurity, rent burden, homelessness, and displacement, and further
37	37	7finds that a rent stabilization bylaw will address the most egregious rent increases.
38	38	8 SECTION 2. POWER FOR LOCAL RENT REGULATION.
39	39	9 The Town of Brookline may, via bylaw, regulate the rent in multi-family housing and
40	40	10provide for reasonable exemptions from such regulation. 2 of 6
41	41	11 (a) This section shall not apply to the following types of residential properties or
42	42	12residential circumstances:
43	43	13 (i)Properties with four or fewer dwelling units in which one of the dwelling units is the
44	44	14owner’s principal residence.
45	45	15 (ii)Units in hotels, motels, or other facilities occupied by transient guests.
46	46	16 (iii)Housing accommodations in a nonprofit hospital, religious facility, extended care
47	47	17facility, or licensed residential care facility for the elderly.
48	48	18 (iv)Dormitories owned and operated by an institution of higher education.
49	49	19 (v) Dwelling units in which the tenant shares bathroom or kitchen facilities with the
50	50	20owner who maintains their principal residence at the residential real property.
51	51	21 (vi)Dwelling units for which the permanent certificate of occupancy is less than 15 years
52	52	22old and were created as a result of:
53	53	23 (1) Ground up new construction,
54	54	24 (2) a physical addition to an existing residential building, or
55	55	25 (3) conversion from another use to residential.
56	56	26 (vii)Dwelling units where the tenant pays a set percentage of their income to rent, either
57	57	27because they hold a voucher, the unit is public housing, the unit has a project-based voucher, or
58	58	28where applicable federal or state law or administrative regulations specifically exempt them from
59	59	29rent stabilization regulations. 3 of 6
60	60	30 (b) The Town, on an annual basis, may set an annual maximum percentage rent increase
61	61	31for rental units covered by this section, based on the change in the consumer price index, plus
62	62	32three percent, or a maximum percentage increase of seven percent, whichever is lower.
63	63	33“Consumer price index” refers to the annual 12-month average change in the Consumer Price
64	64	34Index for All Urban Consumers, Boston-Cambridge-Newton (All Items), as published by the
65	65	35Bureau of Labor Statistics of the United States Department of Labor in September of the prior
66	66	36calendar year.
67	67	37 (c) For rental dwelling units covered by this section, an owner shall not, over the course
68	68	38of any 12-month period, increase the gross rental rate for a more than the percentage allowed in
69	69	39part(b)above, times the lowest gross rental rate charged for that tenant at any time during the 12
70	70	40months prior to the effective date of the increase.
71	71	41 (d) For a new tenancy in which no tenant from the prior tenancy remains in lawful
72	72	42possession of the dwelling unit, the owner may establish the initial rental rate not subject to this
73	73	43section. This section is only applicable to subsequent increases after that initial rental rate has
74	74	44been established.
75	75	45 (e) The Town may provide for fair return standards for the regulation of rent, which may
76	76	46include but are not limited to, changes to permissible rental rates based upon certain maintenance
77	77	47and capital costs and rapid increases in property taxes.
78	78	48 (f) The Town may set tenant notification and rental registration requirements as necessary
79	79	49to effectuate this section.
80	80	50 (g) The Town may establish or designate an administrator or board, to promulgate
81	81	51regulations pursuant to this section and govern local rent regulation. 4 of 6
82	82	52 SECTION 3. JUST CAUSE EVICTION PROTECTION.
83	83	53 The provisions of this section shall be applicable to all housing accommodations in the
84	84	54Town of Brookline; provided however, that the Town may provide for exemptions from the
85	85	55provisions of this section and any such exemption shall be included in a bylaw adopted by the
86	86	56Town. The Town may, via bylaw, provide that an owner shall not recover possession of a leased
87	87	57unit within a residential dwelling unless the Housing Court finds that:
88	88	58 (a) the tenant has failed to pay the rent to which the owner is entitled;
89	89	59 (b) the tenant has violated an obligation or covenant of his or her tenancy not inconsistent
90	90	60with Massachusetts General Law chapter 93A, or this section, or the regulations issued pursuant
91	91	61thereto, other than the obligation to surrender possession upon proper notice; and the tenant has
92	92	62failed to cure such violation after having received written notice thereof from the owner;
93	93	63 (c) the tenant is committing or permitting to exist a nuisance in or is causing substantial
94	94	64damage to the leased unit, or is creating a substantial interference with the comfort, safety or
95	95	65enjoyment of the owner or other occupants of the same or any adjacent accommodations;
96	96	66 (d) the tenant has used or permitted a leased unit to be used for any illegal purposes;
97	97	67 (e) the tenant, who had a written lease agreement which terminated or is a tenant at will,
98	98	68has refused, after written request or demand by the owner, to execute a written extension or
99	99	69renewal thereof or lease for a further term of like duration, at a rental rate that does not exceed
100	100	70the percentage set by the Town of Brookline, in accordance with this legislation and the
101	101	71ordinance enacted as a result of this legislation; 5 of 6
102	102	72 (f) the tenant has refused the owner reasonable access to the unit for the purpose of
103	103	73making necessary repairs or improvements required by the laws of the Commonwealth or the
104	104	74Town of Brookline, or for the purpose of inspection as permitted or required by such tenant's
105	105	75lease agreement or by law, or for the purpose of showing the leased unit to any prospective
106	106	76purchaser or mortgagee;
107	107	77 (g) the person holding at the end of a lease term is a subtenant not approved by the
108	108	78owner;
109	109	79 (h) the owner seeks in good faith to recover possession of a leased unit for his or her own
110	110	80use and occupancy or for the use and occupancy by his or her spouse, children, grandchildren,
111	111	81great grandchildren, parents, grandparents, brother, sister, father-in-law, mother-in-law, son-in-
112	112	82law, or daughter-in-law, and has provided the tenant with notice and a relocation payment as
113	113	83established by the Town by bylaw; or
114	114	84 (i) the owner seeks to recover possession for any other just cause, provided that his or her
115	115	85purpose is not in conflict with the provisions and purposes of said chapter 93A or this section.
116	116	86 SECTION 4. CONDOMINIUM AND COOPERATIVE CONVERSIONS.
117	117	87 The Town of Brookline may, via bylaw, regulate the conversion of residential dwellings
118	118	88to condominiums or cooperatives. Such bylaw may include tenant notification requirements,
119	119	89relocation plans, tenant relocation payments, permits, permit fees, and exemptions. Notification
120	120	90requirements and relocation payments may vary based on income, age, and disability.
121	121	91 SECTION 5. DEMOLITIONS AND SUBSTANTIAL RENOVATIONS. 6 of 6
122	122	92 The Town of Brookline may, via bylaw, create requirements for tenant notification
123	123	93requirements, relocation plans, and tenant relocation payments where an owner is seeking to
124	124	94demolish or substantially renovate a property that requires a tenant to move. Notification
125	125	95requirements and relocation payments may vary based on income, age, and disability.
126	126	96 SECTION 6. SEVERANCE CLAUSE.
127	127	97 The determination or declaration that any provision of this act is beyond the authority of
128	128	98the general court or is preempted by law or regulation shall not affect the validity or
129	129	99enforceability of any other provisions.
130	130	100 SECTION 7. EFFECTIVE DATE.
131	131	101 This act shall take effect immediately upon signing by the Governor.