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