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HOUSE DOCKET, NO. 4483 FILED ON: 3/5/2025
HOUSE . . . . . . . . . . . . . . . No. 3909
The Commonwealth of Massachusetts
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PRESENTED BY:
Hadley Luddy and Julian Cyr
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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 authorizing the Provincetown year-round market rate rental housing trust to acquire year-
round housing occupancy restrictions.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Hadley Luddy4th Barnstable3/5/2025Julian CyrCape and Islands3/5/2025 1 of 3
HOUSE DOCKET, NO. 4483 FILED ON: 3/5/2025
HOUSE . . . . . . . . . . . . . . . No. 3909
By Representative Luddy of Orleans and Senator Cyr, a joint petition (accompanied by bill,
House, No. 3909) of Hadley Luddy and Julian Cyr (by vote of the town) relative to year-round
housing occupancy restriction in the town of Provincetown. Housing. [Local Approval
Received.]
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 4092 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 authorizing the Provincetown year-round market rate rental housing trust to acquire year-
round housing occupancy restrictions.
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. As used in this Act the following words shall, unless a different meaning
2clearly appears from the context, have the following meanings:
3 Select Board- the duly elected Select Board of the Town of Provincetown.
4 Town- the Town of Provincetown.
5 Year-Round Housing Occupancy Restriction- is a right, either in perpetuity or for a
6specified number of years, whether or not stated in the form of a restriction, easement, covenant,
7condition in any deed, mortgage, will, agreement or other instrument executed by or on behalf of
8the owner of the land appropriate to (a) limiting the use of all or part of the land to residential 2 of 3
9housing occupancy by persons or families who occupy either rental or ownership housing as
10their primary residence for not less than 11 months during any 1-year period, or (b) in any way
11limiting or restricting the use or enjoyment of all or any portion of the land for the purpose of
12encouraging or assuring creation or retention of rental and ownership housing for occupancy to
13persons or families who occupy either rental or ownership housing as their primary residence for
14not less than 11 months during any 1-year period.
15 SECTION 2. Notwithstanding any special or general law to the contrary in the
16Commonwealth, the Provincetown Year-Round Market Rate Rental Housing Trust created
17pursuant to Chapter 305 of the Acts of 2016 of the General Court, or an authorized municipal
18board or agency approved by the Select Board, may acquire a year-round housing occupancy
19restriction for rental or ownership housing.
20 SECTION 3. The year-round housing occupancy restriction shall be recorded with the
21Barnstable County Registry of Deeds, or if on registered land, filed with the Barnstable Registry
22District of the Land Court, and contain a description of the land upon which the restriction is to
23be imposed provided it specifies that the land lies in the Town and is shown on a recorded or
24registered plan in the Barnstable County Registry of Deeds or the Barnstable Registry District of
25the Land Court, gives the boundaries of the land by metes and bounds, with reference to said
26plan or instrument and if the land is registered, specifies the certificate or certificates of title
27thereof. The restriction imposed shall run with the title of the land on which it is imposed.
28 SECTION 4. The acquisition of a year-round housing occupancy restriction must be
29approved by a vote of the Select Board prior to its acquisition. 3 of 3
30 SECTION 5. The year-round housing occupancy restriction may be enforced by the
31holder of the restriction, by injunction or other proceeding, and shall entitle representatives of the
32holder to enter the land in a reasonable manner and at reasonable times to assure compliance. If
33the court in any judicial enforcement proceeding, or the decision maker in any arbitration or
34other alternative dispute resolution enforcement proceeding, finds that there has been a violation
35of the restriction then, in addition to any other relief ordered, the petitioner bringing the action or
36proceeding may be awarded reasonable attorneys’ fees and costs incurred in the action
37proceeding. The restriction may be released, in whole or in part, by the holder for consideration,
38if any as the holder may determine, in the same manner as the holder may dispose of land or
39other interests in land, but only after a public hearing upon reasonable public notice, by the
40Select Board, whose approval shall be required. The release of the restriction must be recorded
41or registered in the Barnstable County Registry of Deeds or the Barnstable Registry District of
42the Land Court, as applicable.
43 SECTION 6. Acceptance of the restrictions and releases shall be evidenced by
44certificates of approval or release and executed by the holder of the restriction and the Select
45Board, and duly recorded or registered.
46 SECTION 7. This act shall take effect upon its passage.