Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S626

Introduced
2/16/23  
Refer
2/16/23  
Refer
6/15/23  

Caption

For a right of first refusal for foreclosed property (Foreclosure TOPA)

Impact

The implications of S626 on Massachusetts law are significant. It establishes a mechanism that prioritizes community organizations and municipalities in the acquisition of foreclosed properties, thereby preventing private investors from purchasing these properties and potentially converting them into market-rate housing or other non-affordable uses. This legislative change aims to combat housing displacement and promote community stability. Furthermore, the bill outlines strict timelines and requirements for municipalities wishing to exercise their right of purchase, enabling local organizations to act swiftly in acquiring properties for affordable housing.

Summary

Bill S626, also known as the 'Foreclosure TOPA' (Tenant Opportunity to Purchase Act), seeks to establish a right of first refusal for municipalities and community development corporations when a housing accommodation is subject to foreclosure. The bill extends notification responsibilities relating to foreclosure proceedings, requiring the mortgagee to inform tenants and other stakeholders when a housing accommodation is being auctioned. By allowing municipalities, housing authorities, and eligible organizations to bid on foreclosed properties, the legislation aims to preserve affordable housing options for low-income residents and manage housing instability effectively.

Contention

Notable points of contention surrounding S626 include potential concerns over the administrative and financial burdens it may impose on municipalities in managing and funding these acquisitions. Critics may argue that while the intent is to protect housing affordability, such regulations might overextend local governments and community organizations, leading to complications in financing and property management. Additionally, ensuring compliance with the outlined notification processes could also be seen as a challenge, particularly for smaller towns with limited resources.

Companion Bills

MA S45

Similar To Relative to a municipality’s right of first refusal of agricultural and recreational land

MA H1162

Similar To For a right of first refusal for foreclosed property (Foreclosure TOPA)

Previously Filed As

MA S867

To ensure protections for residents in condominium conversions

MA S1441

Simplifying inclusionary zoning

MA S1292

Authorizing local control of waste collection hours of operation

MA S1794

Supporting residents and communities in resolving tax

MA S1291

Promoting a foundation for universal childcare

MA S1992

Relative to Rosa Parks Day

MA S1442

Authorizing local control of waste collection hours of operation

MA S957

Protecting black girls from targeted toxicity

Similar Bills

MA H1162

For a right of first refusal for foreclosed property (Foreclosure TOPA)

MA S880

To guarantee a tenant’s first right of refusal

MA S998

To guarantee a tenant’s first right of refusal

MA H1544

To guarantee a tenant’s first right of refusal

MA H1350

To guarantee a tenant’s first right of refusal

MA S895

To promote sustainable affordable housing

MA S994

Preventing unnecessary vacancies in foreclosed homes

HI HB211

Relating To Transient Accommodations.