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HOUSE DOCKET, NO. 991 FILED ON: 1/14/2025
HOUSE . . . . . . . . . . . . . . . No. 4020
The Commonwealth of Massachusetts
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PRESENTED BY:
Patrick Joseph Kearney
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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 owner occupancy requirement for accessory dwelling units.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Patrick Joseph Kearney4th Plymouth1/14/2025 1 of 2
HOUSE DOCKET, NO. 991 FILED ON: 1/14/2025
HOUSE . . . . . . . . . . . . . . . No. 4020
By Representative Kearney of Scituate, a petition (accompanied by bill, House, No. 4020) of
Patrick Joseph Kearney relative to owner occupancy requirement for accessory dwelling units.
Municipalities and Regional Government.
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 owner occupancy requirement for accessory dwelling units.
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 3 of chapter 40A of the General Laws, as amended by section 8 of chapter 150 of
2the acts of 2024, is hereby amened by striking out the last paragraph and inserting in place
3thereof the following paragraph:-
4 No zoning ordinance or by-law shall prohibit, unreasonably restrict or require a special
5permit or other discretionary zoning approval for the use of land or structures for a single
6accessory dwelling unit, or the rental thereof, in a single-family residential zoning district;
7provided, that the use of land or structures for such accessory dwelling unit under this paragraph
8may be subject to reasonable regulations, including, but not limited to, 310 CMR 15.000 et seq.,
9if applicable, site plan review, regulations concerning dimensional setbacks and the bulk and
10height of structures and may be subject to restrictions and prohibitions on short-term rental, as
11defined in section 1 of chapter 64G. The use of land or structures for an accessory dwelling unit
12under this paragraph shall not require owner occupancy of either the accessory dwelling unit or 2 of 2
13the principal dwelling; provided, that not more than 1 additional parking space shall be required
14for an accessory dwelling unit; provided further, that no additional parking space shall be
15required for an accessory dwelling located not more than 0.5 miles from a commuter rail station,
16subway station, ferry terminal or bus station; and provided further, that the accessory dwelling
17unit is primarily utilized as a secondary residential unit within the same property for use by the
18owner or family members and to promote affordable housing, community well-being and prevent
19speculative investment in residential properties. For more than 1 accessory dwelling unit, or
20rental thereof, in a single-family residential zoning district there shall be a special permit for the
21use of land or structures for an accessory dwelling unit. The executive office of housing and
22livable communities may issue guidelines or promulgate regulations to administer this paragraph.