Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H2328 Compare Versions

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

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1	1	1 of 2
2	2	HOUSE DOCKET, NO. 2501 FILED ON: 1/16/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 2328
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	David M. Rogers and Samantha Montaño
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 enabling cities and towns to stabilize rents and protect tenants.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:David M. Rogers24th Middlesex1/16/2025Samantha Montaño15th Suffolk1/16/2025Mike Connolly26th Middlesex1/16/2025Amy Mah Sangiolo11th Middlesex1/16/2025Christine P. Barber34th Middlesex1/28/2025Manny Cruz7th Essex2/4/2025Marjorie C. Decker25th Middlesex2/14/2025James B. EldridgeMiddlesex and Worcester1/27/2025Carmine Lawrence Gentile13th Middlesex1/23/2025Homar Gómez2nd Hampshire3/10/2025Christopher Hendricks11th Bristol3/5/2025Natalie M. Higgins4th Worcester1/24/2025Russell E. Holmes6th Suffolk2/21/2025Vanna Howard17th Middlesex3/4/2025Mary S. Keefe15th Worcester2/5/2025David Henry Argosky LeBoeuf17th Worcester2/10/2025Jason M. LewisFifth Middlesex1/23/2025Adrian C. Madaro1st Suffolk3/5/2025 2 of 2
16	16	Frank A. Moran17th Essex2/25/2025Steven Owens29th Middlesex1/21/2025Sean Reid11th Essex2/3/2025Lindsay N. Sabadosa1st Hampshire1/23/2025Margaret R. Scarsdale1st Middlesex1/27/2025Danillo A. Sena37th Middlesex1/24/2025Erika Uyterhoeven27th Middlesex1/29/2025Bud L. Williams11th Hampden1/24/2025Christopher J. Worrell5th Suffolk3/5/2025 1 of 5
17	17	HOUSE DOCKET, NO. 2501 FILED ON: 1/16/2025
18	18	HOUSE . . . . . . . . . . . . . . . No. 2328
19	19	By Representatives Rogers of Cambridge and Montaño of Boston, a petition (accompanied by
20	20	bill, House, No. 2328) of David M. Rogers, Samantha Montaño and others relative to enabling
21	21	cities and towns to stabilize rents and protect tenants. Municipalities and Regional Government.
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Fourth General Court
25	25	(2025-2026)
26	26	_______________
27	27	An Act enabling cities and towns to stabilize rents and protect tenants.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. Chapter 40P of the General Laws, as appearing in the 2022 Official Edition,
31	31	2is repealed.
32	32	3 SECTION 2. The General Laws are hereby amended by inserting after chapter 49A the
33	33	4following chapter:-
34	34	5 CHAPTER 49B
35	35	6 LIMITATION OF ANNUAL RENT INCREASES AND NO FAULT EVICTIONS
36	36	7 Section 1. A city or town may accept this chapter in its entirety in the manner provided in
37	37	8section 4 of chapter 4 of the General Laws. The acceptance of this local option by a municipality
38	38	9shall take effect no later than 180 days after adoption. A municipality that accepts this section
39	39	10shall adopt an ordinance or bylaw which effectuates the provisions of this chapter no later than
40	40	11180 days after acceptance. 2 of 5
41	41	12 Section 2. A city or town accepting this chapter may, by local charter provision,
42	42	13ordinance, by-law, majority vote of its governing body or through a local binding ballot measure
43	43	14impose a limit on the size of annual rent increases and require that evictions be based on defined
44	44	15just cause reasons, for certain dwelling units within the municipality.
45	45	16 Section 3. Exemptions. (a) For the purposes of this chapter, covered dwelling units shall
46	46	17not include:
47	47	18 (i) Dwelling units in owner-occupied buildings with four or fewer units.
48	48	19 (ii) Dwelling units whose rent is subject to regulation by a public authority. Occupancy
49	49	20by a tenant with a mobile housing voucher does not exempt an otherwise covered dwelling unit.
50	50	21 (iii) College or university dormitories where group sleeping accommodations are
51	51	22provided in one room, or in a series of closely associated rooms.
52	52	23 (iv) Facilities for the residential care of the elderly.
53	53	24 (v) Dwelling units for which the first residential certificate of occupancy was issued on or
54	54	25after January 1, 2021 shall be exempt for a period of 5 years from the date at which such
55	55	26certificate of occupancy was issued.
56	56	27 (b) Where dwelling units are exempt, a notice of exemption must be provided with the
57	57	28lease for all tenancies. If there is no written lease for such dwelling units, the tenants-at-will must
58	58	29be provided with a written notice of exemption prior to the acceptance of the initial rent
59	59	30payment. 3 of 5
60	60	31 Section 4. (a) The limit on any annual rent increase for a covered dwelling unit as defined
61	61	32in Section 3(a) shall not exceed the annual change in the Consumer Price Index for the applicable
62	62	33area or 5 per cent, whichever is lower.
63	63	34 (b) For purposes of this chapter, the rent amount in place 12 months prior to the date of
64	64	35adoption shall serve as the base rent upon which any annual rent increase shall be applied. If the
65	65	36dwelling unit is currently vacant, the last rent amount charged shall serve as the base rent. If
66	66	37there was no previous rent amount, or if no rent has been charged for at least the previous five
67	67	38years, for a dwelling unit not exempted under Section 3(a) the rent amount the owner first
68	68	39charges shall serve as the base rent.
69	69	40 Section 5. (a) Cities and towns adopting this chapter shall require that any landlord have
70	70	41just cause for initiating eviction or not renewing a lease; just cause is defined as follows:
71	71	42 (i) Nonpayment of rent
72	72	43 (ii) Refusal to accept a rent increase permitted under this chapter
73	73	44 (iii) Owner seeks to remove the unit from the rental market to convert to cooperative or
74	74	45condominium, provided that owner demonstrate compliance with G.L. ch. 183A, Chapter 527 of
75	75	46the Acts of 1983, or locally-enacted ordinance governing conversions to cooperative or
76	76	47condominiums
77	77	48 (iv) Owner seeks to demolish or convert to non-residential use, or to occupy the unit as
78	78	49the owner’s principal residence
79	79	50 (v) Tenant commits a substantial violation of a material lease term or material term of the
80	80	51tenancy 4 of 5
81	81	52 (vi) Tenant engages in criminal activity or behavior that threatens the health and safety of
82	82	53other residents, or persons lawfully on the premises
83	83	54 (vii) Tenant creates a public nuisance in the unit
84	84	55 (viii) Tenant causes substantial damage to the unit
85	85	56 Section 6. Cities and towns adopting this chapter shall provide annual reports to the
86	86	57executive office of housing and livable communities which shall include but not be limited to:
87	87	58the text of the ordinance or bylaw adopting this chapter; any studies undertaken in informing
88	88	59adoption of the ordinance or bylaw; the number of units affected by the ordinance or bylaw; and
89	89	60any other relevant data as determined by the executive office of housing and livable
90	90	61communities.
91	91	62 Section 7. (a) Any violation of this Chapter shall be deemed an unfair and deceptive act
92	92	63under chapter 93A of the General Laws. Any person claiming a violation of this section may
93	93	64pursue remedies under section 9 of chapter 93A. The attorney general is hereby authorized to
94	94	65bring an action under section 4 of chapter 93A to enforce this provision and to obtain restitution,
95	95	66civil penalties, injunctive relief, and any other relief awarded pursuant to said chapter 93A; (b) If
96	96	67a landlord is found to have violated section (4) subsections (a) or (b), the tenant or former tenant,
97	97	68upon proof of the same, shall be awarded actual damages or three times the rent amount,
98	98	69whichever is greater, and attorneys’ fees; (c) If a landlord initiates summary process proceedings
99	99	70or otherwise requests that a tenant vacate for a reason not enumerated in section (5), the tenant
100	100	71shall recover possession and shall be awarded damages in the amount of three times the rent
101	101	72amount, in addition to any actual damages incurred by the tenant, and attorneys’ fees. 5 of 5
102	102	73 Section 8. Nothing in this section shall be construed to interfere with any existing rights
103	103	74or protections afforded to tenants under current state or federal law.