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