Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H1473 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 2312 FILED ON: 1/16/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 1473
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Daniel Cahill
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 to expand housing opportunities through homesharing.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Daniel Cahill10th Essex1/16/2025 1 of 6
16	16	HOUSE DOCKET, NO. 2312 FILED ON: 1/16/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 1473
18	18	By Representative Cahill of Lynn, a petition (accompanied by bill, House, No. 1473) of Daniel
19	19	Cahill relative to homesharing. Housing.
20	20	The Commonwealth of Massachusetts
21	21	_______________
22	22	In the One Hundred and Ninety-Fourth General Court
23	23	(2025-2026)
24	24	_______________
25	25	An Act to expand housing opportunities through homesharing.
26	26	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
27	27	of the same, as follows:
28	28	1 SECTION 1: The General Laws are hereby amended by inserting after chapter 186A the
29	29	2following new chapter:-
30	30	3 CHAPTER 186B. Homesharing
31	31	4 Section 1.
32	32	5 “EOHLC”, the Executive Office of Housing and Livable Communities of the
33	33	6Commonwealth of Massachusetts
34	34	7 “Homesharing agreement”, a written agreement between the homesharing provider and
35	35	8the homesharer containing all terms, conditions, obligations and covenants of the homesharing
36	36	9occupancy at the homesharing property.
37	37	10 “Homesharing occupancy”, the use or occupancy or the right to use or occupy a room in
38	38	11a homesharing property pursuant to the homesharing agreement, including the right to use the 2 of 6
39	39	12common areas of the homesharing property including fixtures, furniture and equipment located
40	40	13in, on or about the common areas of the homesharing property.
41	41	14 “Homesharing provider”, a person who owns and occupies the homesharing property.
42	42	15 “Homesharing property”, an owner-occupied property including, but not limited to, an
43	43	16apartment, house, cottage, condominium or a furnished accommodation that is not a short-term
44	44	17rental, hotel, motel, lodging house or bed and breakfast establishment, where: (i) at least 1 room
45	45	18or designated space is rented to a homesharer; and (ii) below-market rate rent is offered in
46	46	19exchange for use and/or domestic services.
47	47	20 “Homesharer”, a person who uses, occupies or has a right to use or occupy a room or
48	48	21designated space in a homesharing property pursuant to a Homesharing agreement.
49	49	22 Section 2. Homesharing occupancy shall be a legally permissible residential use of a
50	50	23homesharing property. There shall be a voluntary homesharing program under the EOHLC to
51	51	24allow for homesharing occupancy. The program shall be overseen by the EOHLC or contracted
52	52	25third-party for administration, oversight, and regulation. The EOHLC may also establish a
53	53	26homesharing program fee to be paid by the homesharing provider to fund the homesharing
54	54	27opportunity relief fund established in section 3.
55	55	28 A homesharing provider may provide for use, by a homesharer, a room for occupancy in
56	56	29exchange for services rendered and/or to reduce the monthly expenses of owning a home. The
57	57	30homesharing property shall be a single unit or home and shall not be a unit otherwise available
58	58	31for rent. A potential homesharing provider and homesharer may enter into a written homesharing
59	59	32agreement to use and share the homesharing property under certain conditions. 3 of 6
60	60	33 The EOHLC shall set forth the terms of the homesharing agreement; provided, however,
61	61	34the homesharing agreement, shall include, at minimum, the following:
62	62	35 a) The amount to be paid by the homesharer, to be negotiated between the two
63	63	36parties, taking into account the limited occupancy rights and to include shared utilities, and
64	64	37adjusted for domestic services rendered by the homesharer.
65	65	38 b) Listing of shared access spaces between the two parties, including kitchen,
66	66	39bathrooms, and limitations on private spaces between the two parties.
67	67	40 c) The agreed upon services to be completed by the homesharer, if any, which may
68	68	41include general housekeeping, grocery shopping, meal preparation, yard work, or other basic
69	69	42household tasks in exchange for lowered rent.
70	70	43 a. Services may not include health care, medical or other home care services.
71	71	44 b. Services may not exceed 7-hours per week and shall not be the primary purpose
72	72	45of the homesharing agreement.
73	73	46 c. A homesharing agreement may opt to exclude domestic services and may be
74	74	47limited to the sharing of space as reflected in the rent and tenancy agreement, so long as the rent
75	75	48is below market rate.
76	76	49 d) Written agreed upon household rules pertaining to modifications to the premises
77	77	50including painting, remodeling, or other changes to the physical property.
78	78	51 e) Notice for termination of agreement, including: 4 of 6
79	79	52 a. 30-days’ notice on behalf of either the homesharing provider or homesharer for
80	80	53any reason
81	81	54 b. Emergency 3-day termination notice for certain actions, including failure to pay
82	82	55rent, destruction of property, or other violation of the homesharing agreement
83	83	56 i. Emergency notice shall give homesharer right to access the homesharing
84	84	57opportunity relief fund to cover costs associated with relocating or as set forth in regulation.
85	85	58 c. Parties shall be exempt from existing state law pertaining to the relationship
86	86	59between landlords and tenants and the evictions process set forth in MGL Chapter 186.
87	87	60 Section 3. There shall be a separate fund known as the Homesharing Opportunity Relief
88	88	61Fund. There shall be credited to the fund revenue from appropriations or other money authorized
89	89	62by the general court and specifically designated to be credited to the fund, including revenues
90	90	63received from the registration of homesharing households as established by the EOHLC.
91	91	64 Proceeds of the fund shall be used to provide assistance to homesharing providers and
92	92	65homesharers for costs related to a failed homesharing agreement or in other emergency
93	93	66circumstances set forth by the EOHLC regulations, including costs related to homesharer
94	94	67relocation.
95	95	68 Section 4. The EOHLC shall promulgate regulations, in accordance with section 2 of
96	96	69chapter 30A, for the implementation and enforcement of the homesharing program that are
97	97	70necessary to ensure program safety and oversight.
98	98	71 The EOHLC, in developing regulations to oversee the program, consider:
99	99	72 (1)Existing program administration in peer states; 5 of 6
100	100	73 (2)Registration fee minimums and distribution(s) from the relief fund;
101	101	74 (3)Compliance with the state sanitary code;
102	102	75 (4)Administration of background checks, including, but not limited to, criminal
103	103	76record information checks, credit checks, or other relevant information to ensure safety in
104	104	77homesharing agreements;
105	105	78 (5)Standardized notice to homesharing provider and homesharer pertaining to rights
106	106	79and responsibilities, compliance with applicable state laws, and conditions of the program;
107	107	80 (6)Model homesharing agreement for use by homesharing provider and homesharer;
108	108	81 (7)Potential administration of program through third-party non-profit or private
109	109	82organizations;
110	110	83 (8)Additional program requirements may include trial period between the two
111	111	84parties, regulations for tenancies involving more than one homesharer and other considerations
112	112	85not contained forthwith;
113	113	86 (9)Input and guidance from the Executive Office of Elder Affairs for the protection
114	114	87of older adults entering into homesharing agreements.
115	115	88 SECTION 2: Chapter 175 of the General Laws is hereby amended by inserting after
116	116	89section 4H the following section:-
117	117	90 Section 4I. (a) As used in this section, the terms “homesharer,” “homesharing provider”
118	118	91and “homesharing property” shall have the same meanings as Chapter 186B unless the context
119	119	92clearly requires otherwise. 6 of 6
120	120	93 (b) A homesharing provider shall maintain a homesharing insurance rider with property
121	121	94and liability and, coverage for any services provided by the homesharer, or guests of the
122	122	95homesharer, insurance of not less than $1,000,000 to cover the homesharing property, unless
123	123	96homesharing provider already maintains equal or greater coverage. Such coverage shall defend
124	124	97and indemnify the operator and homesharers in the building for bodily injury and property
125	125	98damage arising from the homesharing property.
126	126	99 (c) A homesharer shall maintain a renter’s insurance policy including both personal
127	127	100property protection and liability of not less than $100,000.