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2 | 2 | | HOUSE DOCKET, NO. 3648 FILED ON: 1/17/2025 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 3004 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | James Arciero |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act authorizing cities and towns to provide a residential exemption to senior citizens. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:James Arciero2nd Middlesex1/17/2025Peter Barbella1/17/2025Colleen M. Garry36th Middlesex1/25/2025 1 of 4 |
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16 | 16 | | HOUSE DOCKET, NO. 3648 FILED ON: 1/17/2025 |
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17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 3004 |
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18 | 18 | | By Representative Arciero of Westford, a petition (accompanied by bill, House, No. 3004) of |
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19 | 19 | | James Arciero, Peter Barbella and Colleen M. Garry for legislation to authorize municipalities to |
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20 | 20 | | provide residential exemptions to senior citizens. Revenue. |
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21 | 21 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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22 | 22 | | SEE HOUSE, NO. 4128 OF 2023-2024.] |
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23 | 23 | | The Commonwealth of Massachusetts |
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24 | 24 | | _______________ |
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25 | 25 | | In the One Hundred and Ninety-Fourth General Court |
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26 | 26 | | (2025-2026) |
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27 | 27 | | _______________ |
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28 | 28 | | An Act authorizing cities and towns to provide a residential exemption to senior citizens. |
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29 | 29 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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30 | 30 | | of the same, as follows: |
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31 | 31 | | 1 Chapter 59 of the general laws is hereby amended by inserting Section 5O, as appearing |
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32 | 32 | | 2in the 2019 official edition, to read as |
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33 | 33 | | 3 follows: |
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34 | 34 | | 4 Section 5O. With respect to each parcel of real property classified as Class One, |
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35 | 35 | | 5residential, in each city or town certified by the commissioner |
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36 | 36 | | 6 to be assessing all property at its full and fair cash valuation, and at the option of the |
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37 | 37 | | 7board of selectmen or mayor, with the approval of the city |
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38 | 38 | | 8 council, as the case may be, there shall be an exemption equal to not more than 35 per |
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39 | 39 | | 9cent of the average assessed value of all Class One, 2 of 4 |
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40 | 40 | | 10 residential, parcels within such city or town; provided, however, that such an exemption |
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41 | 41 | | 11shall be applied only to the principal residence of a |
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42 | 42 | | 12 Senior Citizen taxpayer of age 70 or more, as used by the taxpayer for income tax |
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43 | 43 | | 13purposes. This exemption shall be in addition to any |
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44 | 44 | | 14 exemptions allowable under section five; provided, however, that in no instance shall the |
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45 | 45 | | 15taxable valuation of such property after all applicable |
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46 | 46 | | 16 exemptions be reduced below ten per cent of its full and fair cash valuation, except |
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47 | 47 | | 17through the applicability of clause Eighteenth of |
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48 | 48 | | 18 section five. Where, under the provisions of section five, the exemption is based upon an |
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49 | 49 | | 19amount of tax rather than on valuation, the reduction |
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50 | 50 | | 20 of taxable valuation for purposes of the preceding sentence shall be computed by dividing |
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51 | 51 | | 21the said amount of tax by the residential class tax |
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52 | 52 | | 22 rate of the city or town and multiplying the result by one thousand dollars. For purposes |
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53 | 53 | | 23of this paragraph, ''parcel'' shall mean a unit of real |
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54 | 54 | | 24 property as defined by the assessors in accordance with the deed for such property and |
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55 | 55 | | 25shall include a condominium unit. |
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56 | 56 | | 26 In those cities and towns in which an exemption is made available hereunder, the Senior |
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57 | 57 | | 27Citizen taxpayer aggrieved by the failure to receive |
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58 | 58 | | 28 such residential exemption may apply for such residential exemption to the assessors, in |
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59 | 59 | | 29writing, on a form approved by the commissioner, on 3 of 4 |
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60 | 60 | | 30 or before the deadline for an application for exemption under section 59. |
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61 | 61 | | 31 A timely application filed hereunder shall, for the purposes of this chapter, be treated as a |
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62 | 62 | | 32timely filed application pursuant to section fifty-nine. |
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63 | 63 | | 33 For purposes of this section, with respect to real property owned by a cooperative |
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64 | 64 | | 34corporation, as defined in section 4 of chapter 157B, that portion |
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65 | 65 | | 35 which is occupied by a Senior Citizen member, of age 70 or more, pursuant to a |
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66 | 66 | | 36proprietary lease as such member's domicile and is used as such member's |
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67 | 67 | | 37 principal residence for income tax purposes shall be deemed to be real property owned by |
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68 | 68 | | 38such member for purposes of this section, provided that the portion |
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69 | 69 | | 39 of the real estate is represented by the member's share or shares of stock in the |
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70 | 70 | | 40cooperative corporation and the percentage of such portion to the whole is the |
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71 | 71 | | 41 percentage of such member's shares in the cooperative corporation to the total |
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72 | 72 | | 42outstanding stock of the corporation, including shares owned by the |
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73 | 73 | | 43 corporation. Such portion of such real property shall be eligible for exemption from |
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74 | 74 | | 44taxation pursuant to this section if such member meets all requirements for |
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75 | 75 | | 45 such exemption. Any exemption so provided shall reduce the taxable valuation of the real |
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76 | 76 | | 46property owned by the cooperative corporation; provided, however, |
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77 | 77 | | 47 that the reduction in taxes realized thereby shall be credited by the cooperative |
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78 | 78 | | 48corporation against the amount of such taxes otherwise payable by or chargeable to such |
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79 | 79 | | 49member. Nothing in this paragraph shall be construed to affect the tax status of any 4 of 4 |
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80 | 80 | | 50manufactured home or mobile home under this chapter, but shall apply to the land on which such |
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81 | 81 | | 51manufactured home or mobile home is located if all other requirements of this paragraph are met. |
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82 | 82 | | 52This paragraph shall take effect in a city or town upon its acceptance by the city or town. |
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