Massachusetts Senate Bill S883

Massachusetts 2023-2024 Regular Session

• Introduced: 2/16/23
• Refer: 2/16/23
• Refer: 3/18/24

Caption

Relative to creating a statutory housing restriction and providing remedies related to statutory housing

Impact

The proposed bill would significantly alter existing state laws relating to housing, particularly in facilitating affordable housing options. By instituting these statutory restrictions, S883 aims to stabilize housing prices within designated areas, ensuring that properties are primarily used for affordable housing purposes. This would affect both individuals seeking to buy homes under these restrictions and entities such as cities and towns that could enforce these measures to maintain affordability in their housing markets. Additionally, provisions such as allowing foreclosure actions tied to statutory restrictions may help ensure that properties do not stray from their intended use, reinforcing the legislative goal of housing accessibility and preventing market speculation that could elevate housing costs.

Summary

Senate Bill S883, presented by Edward J. Kennedy, aims to create a statutory housing restriction within Massachusetts law, specifically outlined in amendments to chapter 183 of the General Laws. This bill establishes legal frameworks for the control of housing restrictiveness on property that is designated as 'statutory housing.' It provides mechanisms for defining affordable value and allowed actions regarding acquiring or disposing of such properties. Key features include a definition of 'eligible household' and stipulations on how the housing must be used, particularly in terms of occupancy and income limits.

Contention

While the proponents of S883 argue that it is a necessary step toward making housing more affordable for residents, there are concerns regarding potential overreach into local housing markets. Critics suggest that excessive regulation could hinder private property rights and complicate real estate transactions. Concerns also revolve around the impact on mortgage lending practices, particularly how lenders might view properties encumbered by statutory housing restrictions. This could ultimately affect the availability of financing for prospective buyers of these homes, raising questions on the balance between regulation and market freedom.