Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H3105 Latest Draft

Bill / Introduced Version Filed 02/27/2025

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HOUSE DOCKET, NO. 244       FILED ON: 1/7/2025
HOUSE . . . . . . . . . . . . . . . No. 3105
The Commonwealth of Massachusetts
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PRESENTED BY:
Carmine Lawrence Gentile and David F. DeCoste
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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 relative to the establishment of a means tested senior citizen property tax exemption.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Carmine Lawrence Gentile13th Middlesex1/7/2025David F. DeCoste5th Plymouth1/13/2025Michelle L. Badger1st Plymouth1/14/2025Steven J. Ouellette8th Bristol1/15/2025Kelly W. Pease4th Hampden1/14/2025James C. Arena-DeRosa8th Middlesex2/11/2025Colleen M. Garry36th Middlesex1/25/2025Joseph D. McKenna18th Worcester1/28/2025Danillo A. Sena37th Middlesex1/31/2025 1 of 4
HOUSE DOCKET, NO. 244       FILED ON: 1/7/2025
HOUSE . . . . . . . . . . . . . . . No. 3105
By Representatives Gentile of Sudbury and DeCoste of Norwell, a petition (accompanied by bill, 
House, No. 3105) of Carmine Lawrence Gentile, David F. DeCoste and others relative to the 
establishment of a means tested senior citizen property tax exemption. Revenue.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 2809 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 relative to the establishment of a means tested senior citizen property tax exemption.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority 
of the same, as follows:
1 Chapter 59 of the General Laws, as appearing in the 2022 Official Edition, is hereby 
2amended by inserting after section 5N the following section:-
3 Section 5O. (a) As used in this section, the following words shall have the following 
4meanings:--
5 “Parcel”, a unit of real property as defined by the assessors of the city or town under the 
6deed for the property, including a condominium unit.
7 “Income”, taxpayer’s total income for the purposes of the circuit breaker income tax 
8credit, as defined in paragraph (1) of subsection (k) of section 6 of chapter 62. 2 of 4
9 (b) In any city or town that accepts the provisions of this section, with respect to each 
10qualifying parcel of real property classified as Class one, residential there shall be an exemption 
11from the property tax equal to the total amount of tax that would otherwise be assessed without 
12this exemption less the sum of: (i) 10 per cent of income, or such other percentage of income as 
13determined under subsection (d); and (ii) the circuit breaker income tax credit under subsection 
14(k) of section 6 of chapter 62 the applicant was eligible to receive in the year prior to the 
15application being filed. In no event shall property taxes be reduced by more than 50 per cent by 
16this exemption. 
17 (c) The board of assessors may deny an application for an exemption pursuant to this 
18section if they find the applicant has excessive assets 	that place them outside of the intended 
19recipients of the senior exemption created by this section. Real property shall qualify for the 
20exemption under subsection (b) if all of the following criteria are met: 
21 (1) the real property is owned and occupied by a person whose prior year’s income did 
22not exceed the income limit established in clause (i) of paragraph (3) of subsection (k) of section 
236 of chapter 62 and adjusted pursuant to paragraph (4) of subsection (k) of section 6 of chapter 
2462 for the prior year, whichever such income limit applies to the individual’s filing status; 
25 (2) the real property is owned by a single applicant age 65 or older at the close of the 
26previous year or jointly by persons either of whom is age 65 or above at the close of the previous 
27year and if the joint applicant is 60 years of age or older;
28 (3) the real property is owned and occupied by the applicant or joint applicants as their 
29domicile; 3 of 4
30 (4) the applicant or at least 1 of the joint applicants has been domiciled in the city or town 
31for at least 10 consecutive years before filing an application for the exemption; 
32 (5) the maximum assessed value of the domicile does not exceed (i) the prior year’s 
33average assessed value of a single family residence for the city or town plus 10 per cent; and (ii) 
34the valuation limit established in clause (ii) of paragraph (3) of subsection (k) of section 6 of 
35chapter 62 and adjusted pursuant to paragraph (4) of said subsection (k) of said section 6 of said 
36chapter 62 for the prior year; and
37 (6) the board of assessors has approved the application.
38 (d) The exemption under subsection (b) shall be in addition to any other exemption 
39allowable under the General Laws; provided, however that there shall be a dollar cap on all the 
40exemptions granted pursuant to this section equal to .5 per cent of the fiscal year’s total 
41residential property tax levy for the city or town, including the levy for any regional high school 
42if not included in the city’s or town’s tax levy at some subsequent date with the total exemption 
43amount granted by this section allocated proportionally within the tax levy on all residential 
44taxpayers. After the first year of such exemption, the total cap on the exemptions granted 
45pursuant to this section shall be set annually by the board of selectmen, in the case of a town, the 
46city manager, in the case of a city under a Plan E form of government, or the city council, in the 
47case of all other cities, within a range of .5 to 1 per cent of the residential property tax levy for 
48the city or town, including the levy for any regional high school. In the event that benefits to the 
49applicants may be limited because the percentage established annually by the selectmen, city 
50manager or city council would otherwise be exceeded, the benefits shall be allocated by raising 
51the income percentage as required in subsection (b)  as necessary to not exceed the cap. In the  4 of 4
52event the cap exceeds the need for the exemption, the total cap on the exemptions granted by this 
53section shall be reduced to meet the need. 
54 (e) A person who seeks to qualify for the exemption under subsection (b) shall, before the 
55deadline established by the board of assessors, file an application, on a form to be adopted by the 
56board of assessors, with the supporting documentation of the applicant’s income and assets as 
57described in the application. The application shall be filed each year for which the applicant 
58seeks the exemption.
59 (f) No exemption shall be granted under this section until the department of revenue 
60certifies a residential tax rate for the applicable tax year where the total exemption amount is 
61raised by a burden shift within the residential tax levy.
62 (g) The exemption under this section shall expire every three years after its acceptance or 
63re-acceptance; provided, however, that a city or town which has accepted this section may re-
64accept this section for additional 3-year intervals by a vote of the legislative body of said city or 
65town.