Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H3043 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. 411 FILED ON: 1/9/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 3043
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Simon Cataldo and Carmine Lawrence Gentile
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 establishing a real estate transfer fee upon the transfer of property in the town of
13	13	Concord.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :DATE ADDED:Simon Cataldo14th Middlesex1/9/2025Carmine Lawrence Gentile13th Middlesex1/9/2025 1 of 4
17	17	HOUSE DOCKET, NO. 411 FILED ON: 1/9/2025
18	18	HOUSE . . . . . . . . . . . . . . . No. 3043
19	19	By Representatives Cataldo of Concord and Gentile of Sudbury, a petition (accompanied by bill,
20	20	House, No. 3043) of Simon Cataldo and Carmine Lawrence Gentile (by vote of the town) that
21	21	the town of Concord be authorized to establish a real estate transfer fee upon the transfer of
22	22	property in said town. Revenue. [Local Approval Received.]
23	23	[SIMILAR MATTER FILED IN PREVIOUS SESSION
24	24	SEE HOUSE, NO. 2730 OF 2023-2024.]
25	25	The Commonwealth of Massachusetts
26	26	_______________
27	27	In the One Hundred and Ninety-Fourth General Court
28	28	(2025-2026)
29	29	_______________
30	30	An Act establishing a real estate transfer fee upon the transfer of property in the town of
31	31	Concord.
32	32	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
33	33	of the same, as follows:
34	34	1 SECTION 1. There is hereby imposed a real estate transfer fee, hereafter “the fee,” equal
35	35	2to 1 percent of the portion of the purchase price exceeding $1,000,000 upon the transfer of (i)
36	36	3any real property interest in any residential property situated in the Town of Concord, or (ii) a
37	37	4controlling interest in a trust, limited liability company, or other entity that directly or indirectly
38	38	5holds an interest in any class of residential real property situated in the Town of Concord. The
39	39	6fee shall be the liability of the purchaser of such property interest, and any agreement between
40	40	7the purchaser and the seller or any other person with reference to the allocation of the liability for
41	41	8the fee shall not affect such liability of the purchaser to the Town. The Town may define by
42	42	9bylaw what constitutes a controlling interest and the calculation of the fee. 2 of 4
43	43	10 SECTION 2. The following transfers of real property interests shall be exempt from the
44	44	11fee established in Section 1:
45	45	12 (i) transfers to the federal government, the Commonwealth, the Town, and any of their
46	46	13instrumentalities, agencies or subdivisions, including the Concord Housing Authority and the
47	47	14Concord Municipal Affordable Housing Trust;
48	48	15 (ii)transfers to the Concord Housing Development Corporation;
49	49	16 (iii)transfers of real property subject to an affordable housing restriction;
50	50	17 (iv) transfers made without additional consideration to confirm, correct, modify or
51	51	18supplement a transfer previously made;
52	52	19 (v)transfers with consideration under $100.00;
53	53	20 (vi) transfers to a charitable organization, as defined in clause Third of section 5 of
54	54	21chapter 59 of the General Laws, or a religious organization, provided, however, that the real
55	55	22property interests so transferred will be held solely for public charitable or religious purposes;
56	56	23and
57	57	24 (vii) transfers between family members, including spouses, parents and children,
58	58	25grandparents and grandchildren, step-parents and step-children, siblings or step-siblings.
59	59	26 SECTION 3. The fee shall be paid to the Town of Concord. The Town shall have such
60	60	27remedies to collect the fee as provided by law with respect to the collection of real property
61	61	28taxes. The Town may, by bylaw, adopt additional requirements, exemptions, and regulations to
62	62	29implement or enforce said fee, consistent with this act. The Town may not, by bylaw or
63	63	30otherwise, eliminate or reduce any exemption set forth in this act. 3 of 4
64	64	31 SECTION 4. All fees received pursuant to this act shall be deposited in the Concord
65	65	32Municipal Affordable Housing Trust Fund established pursuant to section 55C of chapter 44 of
66	66	33the General Laws and used for any purposes permitted thereunder.
67	67	34 SECTION 5. For the purposes of this act, “affordable housing” shall mean
68	68	35housing with an affordable housing restriction recorded with the Middlesex South Registrar of
69	69	36Deeds that requires the housing to be rented or owned by families and individuals whose income
70	70	37at initial occupancy is no more than 150 percent of the area mean income as determined by the
71	71	38federal department of housing and urban development guidelines and adjusted for family size
72	72	39and that thereafter such units shall be rented or sold, subject to such restrictions on appreciation
73	73	40as determined by the municipality to be reasonably and necessary to maintain long term
74	74	41affordability, to families or individuals at incomes of no more than 150 percent of the area mean
75	75	42income.
76	76	43 SECTION 6. A copy of the deed or other instrument evidencing such transfer shall be
77	77	44provided to the Town and shall be accompanied by (i) an affidavit signed under oath or under the
78	78	45pains and penalties of perjury by the purchaser and seller attesting to the purchase price; (ii) the
79	79	46applicable fee owed or, if applicable, an affidavit of intent to seek one of the permissible
80	80	47exemptions, as described in Section 2, for that property by the purchaser; and (iii) the basis, if
81	81	48any, upon which the transfer is claimed to be exempt in whole or in part from said fee. Upon
82	82	49receipt of the transfer fee or satisfactory evidence of exemption, the Town or its designee shall
83	83	50promptly thereafter issue a certificate indicating that the fee has been paid or that the transfer is
84	84	51exempt from the fee. The Middlesex South Registrar of Deeds shall not record or register a deed
85	85	52unless the deed is accompanied by such certificate. 4 of 4
86	86	53 SECTION 7. The Town shall prepare and issue an annual report to that (i) identifies fee
87	87	54receipts; (ii) quantifies affordable housing programs funded, including type and purpose; and (iii)
88	88	55evaluates the impact of said affordable housing programs, including but not limited to, to the
89	89	56extent reasonably possible and permitted by applicable law, the number and demographics of
90	90	57individuals and families served as well as measures of housing stability and wealth generation in
91	91	58the community.
92	92	59 SECTION 8. Acceptance of this act by the Town of Concord shall be first by vote of
93	93	60approval at an annual or special Town Meeting. Sections 1 to 7, inclusive shall take effect 30
94	94	61days after such acceptance by the Town.