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