Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S872 Compare Versions

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

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1	1	1 of 1
2	2	SENATE DOCKET, NO. 2368 FILED ON: 1/20/2023
3	3	SENATE . . . . . . . . . . . . . . No. 872
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	James B. Eldridge
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 enabling local options for tenant protections.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :James B. EldridgeMiddlesex and WorcesterDanillo A. Sena37th Middlesex1/27/2023Mike Connolly26th Middlesex1/27/2023Vanna Howard17th Middlesex1/31/2023Liz MirandaSecond Suffolk2/9/2023Adam GomezHampden2/22/2023 1 of 8
16	16	SENATE DOCKET, NO. 2368 FILED ON: 1/20/2023
17	17	SENATE . . . . . . . . . . . . . . No. 872
18	18	By Mr. Eldridge, a petition (accompanied by bill, Senate, No. 872) of James B. Eldridge, Danillo
19	19	A. Sena, Mike Connolly, Vanna Howard and other members of the General Court for legislation
20	20	to enable local options for tenant protections. Housing.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Third General Court
24	24	(2023-2024)
25	25	_______________
26	26	An Act enabling local options for tenant protections.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Chapter 40P of the General Laws is hereby amended by striking out its title
30	30	2and inserting in place thereof the following title:-
31	31	3 TENANT PROTECTION ACT.
32	32	4 SECTION 2. Said chapter 40P, as so appearing, is hereby further amended by striking out
33	33	5sections 1 to 5, inclusive, and inserting in place thereof the following 9 sections:–
34	34	6 Section 1. PURPOSE.
35	35	7 The purpose of this chapter is to provide municipalities with local options for rent
36	36	8stabilization, just cause eviction protections, condominium conversion ordinances, and other
37	37	9tenant protections along with provisions for fair return standards for property owners and
38	38	10exemptions for owner-occupant landlords and new and recently-constructed housing.
39	39	11 Section 2. GENERAL COURT FINDINGS. 2 of 8
40	40	12 The general court hereby finds and declares that homelessness, displacement, foreclosure,
41	41	13lack of affordable rental and ownership opportunities, and excessive rent burden are
42	42	14commonplace throughout the commonwealth.
43	43	15 Section 3. LOCAL ACCEPTANCE OF ANY SECTION.
44	44	16 A city or town may accept any of the sections of this chapter in the manner provided in
45	45	17section 4 of chapter 4 and a city or town that has accepted a section may, in like manner, revoke
46	46	18its acceptance.
47	47	19 Section 4. LOCAL OPTION RENT STABILIZATION.
48	48	20 (a) A city or town accepting this section may, by local charter provision, ordinance or by-
49	49	21law regulate the rent and eviction of tenants in multi-family housing and provide for reasonable
50	50	22exemptions from such regulation.
51	51	23 (b) Any city or town that adopts this section may provide for fair return standards for the
52	52	24regulation of rent.
53	53	25 (c) For the purposes of this section the term “multi-family housing” shall not include 3 or
54	54	26less dwelling units in an owner occupied dwelling, and shall not include undergraduate
55	55	27dormitories, non-profit hospitals, facilities for the residential care of the elderly, units whose rent
56	56	28is subject to regulation by a public housing authority, or dwelling units for which a residential
57	57	29certificate of occupancy was obtained for the first time fifteen years ago or less, on a rolling
58	58	30basis. 3 of 8
59	59	31 (d) Any city or town that adopts this section may ensure that certain dwelling units
60	60	32governed by such measures are eligible for those individuals or households who meet income-
61	61	33based eligibility requirements as provided for by the city or town.
62	62	34 (e) A city or town may establish or designate an administrator, board or committee to
63	63	35promulgate regulations and any registration and reporting requirements pursuant to this section
64	64	36and may partner with community-based organizations in developing public awareness campaigns
65	65	37and may also establish a Small Landlords and Homeowners Assistance Bureau to offer related
66	66	38technical assistance.
67	67	39 Section 5. JUST CAUSE EVICTION PROTECTION.
68	68	40 (a) The provisions of this section shall be applicable to all housing accommodations in
69	69	41any city or town of the commonwealth that adopts this section; provided however, that a city or
70	70	42town may provide for exemptions from the provisions of this section and any such exemption
71	71	43shall be included in an ordinance or by-law adopted by the municipality. A city or town that
72	72	44accepts this section, may by ordinance or by-law provide that a lessor shall not recover
73	73	45possession of a leased unit within multi-family housing or residential dwellings, as otherwise
74	74	46defined by the municipality, which shall not include 3 or less dwelling units in an owner
75	75	47occupied dwelling, unless the court finds that:
76	76	48 (1) the lessee has failed to pay the rent to which the lessor is entitled;
77	77	49 (2) the lessee has violated an obligation or covenant of his or her tenancy not inconsistent
78	78	50with chapter 93A, or this section, or the regulations issued pursuant thereto, other than the
79	79	51obligation to surrender possession upon proper notice; and the lessee has failed to cure such
80	80	52violation after having received written notice thereof from the lessor; 4 of 8
81	81	53 (3) the lessee is committing or permitting to exist a nuisance in or is causing substantial
82	82	54damage to the leased unit, or is creating a substantial interference with the comfort, safety or
83	83	55enjoyment of the lessor or other occupants of the same or any adjacent accommodations;
84	84	56 (4) the lessee has used or permitted a leased unit to be used for any illegal purposes;
85	85	57 (5) the lessee, who had a written lease agreement which terminated or is a tenant at will,
86	86	58has refused, after written request or demand by the lessor, to execute a written extension or
87	87	59renewal thereof or lease for a further term of like duration, at a rental rate that does not exceed a
88	88	60certain percentage, set by the municipality, of the consumer price index of the rental rate under
89	89	61the prior lease agreement or at will tenancy, and on such terms that are not inconsistent with or
90	90	62violative of any provision of said chapter 93A or of this section; provided, that for purposes of
91	91	63this clause, the term “consumer price index” refers to the annual 12-month average change in the
92	92	64Consumer Price Index for All Urban Consumers, New England Division (All Items), as
93	93	65published by the Bureau of Labor Statistics of the United States Department of Labor in
94	94	66September of the prior calendar year;
95	95	67 (6) the lessee has refused the lessor reasonable access to the unit for the purpose of
96	96	68making necessary repairs or improvements required by the laws of the commonwealth or any
97	97	69political subdivision thereof, or for the purpose of inspection as permitted or required by such
98	98	70lessee's lease agreement or by law, or for the purpose of showing the leased unit to any
99	99	71prospective purchaser or mortgagee;
100	100	72 (7) the person holding at the end of a lease term is a sublessee not approved by the lessor;
101	101	73 (8) the lessor seeks in good faith to recover possession of a leased unit for his or her own
102	102	74use and occupancy or for the use and occupancy by his or her spouse, children, grandchildren, 5 of 8
103	103	75great grandchildren, parents, grandparents, brother, sister, father-in-law, mother-in-law, son-in-
104	104	76law, or daughter-in-law, and has provided the tenant with 180 days written notice and an offer of
105	105	77a relocation assistance payment equal to at least 3 months’ rent, unless, for example, a
106	106	78municipality has further provided for a partial or complete exemption to the relocation assistance
107	107	79payment provision as it applies to low-income or moderate-income landlords; or
108	108	80 (9) the lessor seeks to recover possession for any other just cause, provided that his or her
109	109	81purpose is not in conflict with the provisions and purposes of said chapter 93A or this section.
110	110	82 (b) A lessor shall notify the clerk’s office of the city or town in which the leased unit is
111	111	83located prior to initiating judicial proceedings in compliance with this section.
112	112	84 (c) A lessor who recovers possession of a leased unit in violation of this section shall be
113	113	85punished by a fine not less than $5,000. Each such recovery in violation of this section shall
114	114	86constitute a separate offense. The housing court shall have jurisdiction over an action arising
115	115	87from a violation of this section and shall have jurisdiction in equity to restrain any such violation.
116	116	88It shall be a defense to a lessee in an action pursuant to this section that a lessor attempted to
117	117	89recover a leased unit in violation of this section.
118	118	90 Section 6. CONDOMINIUM CONVERSION ORDINANCES.
119	119	91 (a) A municipality, by majority vote of its legislative body, may enact an ordinance or
120	120	92by-law to regulate the conversion of housing accommodations in the municipality to the
121	121	93condominium or cooperative form of ownership and the regulation of rent and the eviction of
122	122	94tenants’ incident to the conversion or sale of condominiums. Said ordinance or by-law may
123	123	95include, but is not limited to: (i) provisions for investigations into and hearings on condominium
124	124	96conversions or proposed conversions; (ii) a permit process; (iii) tenant notification requirements; 6 of 8
125	125	97(iv) relocation costs for tenants and other measures to protect tenants; (v) control of evictions;
126	126	98(vi) penalties for violation of the ordinance or by-law; and (vii) exemptions from the provisions
127	127	99of this subsection. The ordinance or by-law may establish a condominium review board or vest
128	128	100administrative duties in an existing municipal board, commission or office. The review board
129	129	101may exercise such powers as it is given by ordinance or by-law.
130	130	102 (b) A municipality that adopted an ordinance or by-law for the regulation of the
131	131	103conversion of housing accommodations to the condominium or cooperative forms of ownership
132	132	104and evictions related thereto pursuant to the authority conferred upon the municipality by general
133	133	105law or special act prior to the effective date of this section may continue to exercise such
134	134	106authority. This section shall not be construed to restrict the authority of said municipality to
135	135	107amend or repeal any ordinance or by-law in accordance with the provisions of said general law
136	136	108or special act.
137	137	109 (c) A municipality may, by majority vote of its legislative body, accept this section in the
138	138	110manner provided in section 4 of chapter 4 and a municipality that has accepted this section may,
139	139	111in like manner, revoke its acceptance.
140	140	112 Section 7. PROTECTION FROM IMMEDIATE RENT INCREASES.
141	141	113 Unless otherwise provided for in this chapter, the maximum rent of a regulated rental unit
142	142	114shall be the rent charged the occupant for the month 12 months prior to the acceptance of this
143	143	115section by a municipality. If the rental unit was unoccupied at that time but was occupied at any
144	144	116time prior to acceptance of this section, the maximum rent shall be the rent charged therefor for
145	145	117the month closest to 12 months prior to the effective date of this section. If the maximum rent is 7 of 8
146	146	118not otherwise established, it shall be established by the city or town as provided for in this
147	147	119chapter. Any maximum rent may be subsequently adjusted under the provisions of this chapter.
148	148	120 Section 8. REGULATION OF TENANT DEPOSITS AND FEES, INCLUDING
149	149	121BROKERS FEES.
150	150	122 (a) A city or town that adopts this section may regulate by ordinance or by-law the
151	151	123payment of deposits and non-refundable move-in fees paid by a residential tenant or prospective
152	152	124tenant, notwithstanding any general or special law to the contrary; provided however, that no by-
153	153	125law or ordinance shall provide that a lessor may require a tenant or prospective tenant to pay any
154	154	126amount in excess of the amount provided for in section 15B of 186.
155	155	127 (b) Such regulation may include installment payment options for a tenant’s last month’s
156	156	128rent and security deposit pursuant to this section.
157	157	129 (c) A city or town ordinance or by-law may provide that a tenant may elect to pay a
158	158	130security deposit and last month's rent in installments as follows:
159	159	131 (1) for any rental agreement term that establishes a tenancy for 6 months or longer, the
160	160	132tenant may elect to pay the security deposit and last month's rent in 6 consecutive, equal monthly
161	161	133installments that begin at the inception of the tenancy or the tenant may propose an alternative
162	162	134installment schedule. If the landlord agrees to the tenant's alternative installment schedule the
163	163	135schedule shall be described in the rental agreement;
164	164	136 (2) for any other rental agreement term that establishes a tenancy, the tenant may elect to
165	165	137pay the security deposit and last month's rent in no more than 4 equal amounts that begin at the
166	166	138inception of the tenancy and are paid in installments of equal duration or the tenant may propose 8 of 8
167	167	139an alternative installment schedule. If the landlord agrees to the tenant's alternative installment
168	168	140schedule the schedule shall be described in the rental agreement.
169	169	141 (d) Landlords may not impose any fee, charge any interest, or otherwise impose a cost on
170	170	142a tenant because a tenant elects to pay the last month's rent in installments.
171	171	143 (e) A landlord who fails to comply with the requirements of any ordinance or by-law
172	172	144promulgated pursuant to this section shall be liable to the tenant for $1,000 plus reasonable
173	173	145attorney fees and costs in addition to any other remedy available at law.
174	174	146 (f) This section shall not apply to a tenant who rents a unit in an owner occupied dwelling
175	175	147with 3 or less dwelling units.
176	176	148 (g) In addition to the powers granted to a city or town in this section and notwithstanding
177	177	149section 87DDD½ of chapter 112, a city or town may by local charter provision, ordinance or by-
178	178	150law regulate, limit or prohibit the business of finding dwelling accommodations for a fee.
179	179	151 Section 9. MUNICIPAL ANTI-DISPLACEMENT ZONES.
180	180	152 (a) A city or town accepting any section in this chapter may, in addition to municipal-
181	181	153wide implementation of such section, provide for the implementation or exemption of such
182	182	154section’s provisions, in distinct anti-displacement zones, in which it has been determined that
183	183	155residential households of low, moderate or middle income have been displaced or are at risk of
184	184	156displacement, as defined by the municipality.
185	185	157 (b) A community organization, as defined by the municipality, may petition the
186	186	158municipality for the establishment of an anti-displacement zone.