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