Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S880

Introduced
2/16/23  
Refer
2/16/23  

Caption

To guarantee a tenant’s first right of refusal

Impact

The passage of S880 could significantly impact rental housing law in Massachusetts by establishing a standardized process whereby tenants are notified of a property owner's intent to sell and given a chance to purchase the property themselves. This would allow tenant associations, formed by a minimum percentage of residents, to put in offers and negotiate terms. Tenants would also need to work cooperatively, demonstrating a minimum participation to proceed with the purchase. The implication is that it could create a more equitable housing market, where tenants have a measurable voice in property sales directly affecting their living conditions and community stability.

Summary

Bill S880, titled 'An Act to guarantee a tenant’s first right of refusal,' was presented to the General Court of Massachusetts to enhance tenant protections in housing transactions. The bill proposes that tenants be given the first opportunity to purchase the property they are renting before it is sold to a third party. This right of first refusal is a mechanism designed to help prevent displacement of tenants and ensure continuity in their housing situation, especially in the event of sales or foreclosures of rental properties. If enacted, municipalities would have the option to adopt this law locally, empowering tenants to form associations that could collectively act on behalf of their interests in property sales.

Contention

However, the bill may face contention among various stakeholders. Property owners could argue that this requirement complicates and prolongs the sales process, potentially leading to decreased property values and challenging transactions, particularly in the event of a foreclosure or short sale. Furthermore, the bill delineates several exemptions where the right of refusal would not apply, which may raise concerns about loopholes that could undermine the tenant protections intended by the bill. Ultimately, the efficacy of S880 will depend on its implementation and the cooperation of all parties involved in real estate transactions.

Companion Bills

MA H1350

Similar To To guarantee a tenant’s first right of refusal

Previously Filed As

MA S1338

Relative to employee definition harmonization

MA S1336

Relative to banning noncompetition agreements in the Commonwealth

MA S181

Relative to the types of identification allowed to purchase alcohol

MA S2247

Relative to the annual fee for veterans' license plates

MA S1691

To protect gender pay equity

MA S1192

Relative to banning noncompetition agreements in the Commonwealth

MA S1190

Relative to ensuring unemployment-insurance access by preventing employee misclassification

MA S51

Relative to equal opportunity for craft cooperatives

Similar Bills

MA S998

To guarantee a tenant’s first right of refusal

MA H1350

To guarantee a tenant’s first right of refusal

MA H1544

To guarantee a tenant’s first right of refusal

MA S895

To promote sustainable affordable housing

MA S626

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

MA H1162

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

MA H306

To guarantee a commercial tenant’s first right of refusal

MA H1083

To facilitate alternatives to foreclosure