Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S960 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 2499 FILED ON: 1/17/2025
3	3	SENATE . . . . . . . . . . . . . . No. 960
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Cynthia Stone Creem
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 authorizing the town of Brookline to implement rent stabilization and tenant eviction
13	13	protections.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :Cynthia Stone CreemNorfolk and Middlesex 1 of 6
17	17	SENATE DOCKET, NO. 2499 FILED ON: 1/17/2025
18	18	SENATE . . . . . . . . . . . . . . No. 960
19	19	By Ms. Creem, a petition (accompanied by bill, Senate, No. 960) of Cynthia Stone Creem (by
20	20	vote of the town) for legislation to authorize the town of Brookline to implement rent
21	21	stabilization and tenant eviction protections. Housing. [Local Approval Received.]
22	22	[SIMILAR MATTER FILED IN PREVIOUS SESSION
23	23	SEE SENATE, NO. 2623 OF 2023-2024.]
24	24	The Commonwealth of Massachusetts
25	25	_______________
26	26	In the One Hundred and Ninety-Fourth General Court
27	27	(2025-2026)
28	28	_______________
29	29	An Act authorizing the town of Brookline to implement rent stabilization and tenant eviction
30	30	protections.
31	31	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
32	32	of the same, as follows:
33	33	1 SECTION 1. FINDINGS AND PURPOSE.
34	34	2 The general court finds and declares that a serious state of emergency exists in the Town
35	35	3of Brookline (“the Town”) with respect to housing, whereby there is an inadequate supply of
36	36	4low-cost rental housing; that, further action to protect residents from exorbitant rent increases
37	37	5and evictions is necessary to address serious threats to the public health, safety and general
38	38	6welfare, including housing insecurity, rent burden, homelessness, and displacement, and further
39	39	7finds that a rent stabilization bylaw will address the most egregious rent increases.
40	40	8 SECTION 2. POWER FOR LOCAL RENT REGULATION. 2 of 6
41	41	9 The Town of Brookline may, via bylaw, regulate the rent in multi-family housing and
42	42	10provide for reasonable exemptions from such regulation.
43	43	11 (a) This section shall not apply to the following types of residential properties or
44	44	12residential circumstances:
45	45	13 (i)Properties with four or fewer dwelling units in which one of the dwelling units is the
46	46	14owner’s principal residence.
47	47	15 (ii)Units in hotels, motels, or other facilities occupied by transient guests.
48	48	16 (iii)Housing accommodations in a nonprofit hospital, religious facility, extended care
49	49	17facility, or licensed residential care facility for the elderly.
50	50	18 (iv)Dormitories owned and operated by an institution of higher education.
51	51	19 (v) Dwelling units in which the tenant shares bathroom or kitchen facilities with the
52	52	20owner who maintains their principal residence at the residential real property.
53	53	21 (vi)Dwelling units for which the permanent certificate of occupancy is less than 15 years
54	54	22old and were created as a result of:
55	55	23 (1) Ground up new construction,
56	56	24 (2) a physical addition to an existing residential building, or
57	57	25 (3) conversion from another use to residential.
58	58	26 (vii)Dwelling units where the tenant pays a set percentage of their income to rent, either
59	59	27because they hold a voucher, the unit is public housing, the unit has a project-based voucher, or 3 of 6
60	60	28where applicable federal or state law or administrative regulations specifically exempt them from
61	61	29rent stabilization regulations.
62	62	30 (b) The Town, on an annual basis, may set an annual maximum percentage rent increase
63	63	31for rental units covered by this section, based on the change in the consumer price index, plus
64	64	32three percent, or a maximum percentage increase of seven percent, whichever is lower.
65	65	33“Consumer price index” refers to the annual 12-month average change in the Consumer Price
66	66	34Index for All Urban Consumers, Boston-Cambridge-Newton (All Items), as published by the
67	67	35Bureau of Labor Statistics of the United States Department of Labor in September of the prior
68	68	36calendar year.
69	69	37 (c) For rental dwelling units covered by this section, an owner shall not, over the course
70	70	38of any 12-month period, increase the gross rental rate for a more than the percentage allowed in
71	71	39part(b)above, times the lowest gross rental rate charged for that tenant at any time during the 12
72	72	40months prior to the effective date of the increase.
73	73	41 (d) For a new tenancy in which no tenant from the prior tenancy remains in lawful
74	74	42possession of the dwelling unit, the owner may establish the initial rental rate not subject to this
75	75	43section. This section is only applicable to subsequent increases after that initial rental rate has
76	76	44been established.
77	77	45 (e) The Town may provide for fair return standards for the regulation of rent, which may
78	78	46include but are not limited to, changes to permissible rental rates based upon certain maintenance
79	79	47and capital costs and rapid increases in property taxes.
80	80	48 (f) The Town may set tenant notification and rental registration requirements as necessary
81	81	49to effectuate this section. 4 of 6
82	82	50 (g) The Town may establish or designate an administrator or board, to promulgate
83	83	51regulations pursuant to this section and govern local rent regulation.
84	84	52 SECTION 3. JUST CAUSE EVICTION PROTECTION.
85	85	53 The provisions of this section shall be applicable to all housing accommodations in the
86	86	54Town of Brookline; provided however, that the Town may provide for exemptions from the
87	87	55provisions of this section and any such exemption shall be included in a bylaw adopted by the
88	88	56Town. The Town may, via bylaw, provide that an owner shall not recover possession of a leased
89	89	57unit within a residential dwelling unless the Housing Court finds that:
90	90	58 (a) the tenant has failed to pay the rent to which the owner is entitled;
91	91	59 (b) the tenant has violated an obligation or covenant of his or her tenancy not inconsistent
92	92	60with Massachusetts General Law chapter 93A, or this section, or the regulations issued pursuant
93	93	61thereto, other than the obligation to surrender possession upon proper notice; and the tenant has
94	94	62failed to cure such violation after having received written notice thereof from the owner;
95	95	63 (c) the tenant is committing or permitting to exist a nuisance in or is causing substantial
96	96	64damage to the leased unit, or is creating a substantial interference with the comfort, safety or
97	97	65enjoyment of the owner or other occupants of the same or any adjacent accommodations;
98	98	66 (d) the tenant has used or permitted a leased unit to be used for any illegal purposes;
99	99	67 (e) the tenant, who had a written lease agreement which terminated or is a tenant at will,
100	100	68has refused, after written request or demand by the owner, to execute a written extension or
101	101	69renewal thereof or lease for a further term of like duration, at a rental rate that does not exceed 5 of 6
102	102	70the percentage set by the Town of Brookline, in accordance with this legislation and the
103	103	71ordinance enacted as a result of this legislation;
104	104	72 (f) the tenant has refused the owner reasonable access to the unit for the purpose of
105	105	73making necessary repairs or improvements required by the laws of the Commonwealth or the
106	106	74Town of Brookline, or for the purpose of inspection as permitted or required by such tenant's
107	107	75lease agreement or by law, or for the purpose of showing the leased unit to any prospective
108	108	76purchaser or mortgagee;
109	109	77 (g) the person holding at the end of a lease term is a subtenant not approved by the
110	110	78owner;
111	111	79 (h) the owner seeks in good faith to recover possession of a leased unit for his or her own
112	112	80use and occupancy or for the use and occupancy by his or her spouse, children, grandchildren,
113	113	81great grandchildren, parents, grandparents, brother, sister, father-in-law, mother-in-law, son-in-
114	114	82law, or daughter-in-law, and has provided the tenant with notice and a relocation payment as
115	115	83established by the Town by bylaw; or
116	116	84 (i) the owner seeks to recover possession for any other just cause, provided that his or her
117	117	85purpose is not in conflict with the provisions and purposes of said chapter 93A or this section.
118	118	86 SECTION 4. CONDOMINIUM AND COOPERATIVE CONVERSIONS.
119	119	87 The Town of Brookline may, via bylaw, regulate the conversion of residential dwellings
120	120	88to condominiums or cooperatives. Such bylaw may include tenant notification requirements,
121	121	89relocation plans, tenant relocation payments, permits, permit fees, and exemptions. Notification
122	122	90requirements and relocation payments may vary based on income, age, and disability. 6 of 6
123	123	91 SECTION 5. DEMOLITIONS AND SUBSTANTIAL RENOVATIONS.
124	124	92 The Town of Brookline may, via bylaw, create requirements for tenant notification
125	125	93requirements, relocation plans, and tenant relocation payments where an owner is seeking to
126	126	94demolish or substantially renovate a property that requires a tenant to move. Notification
127	127	95requirements and relocation payments may vary based on income, age, and disability.
128	128	96 SECTION 6. SEVERANCE CLAUSE.
129	129	97 The determination or declaration that any provision of this act is beyond the authority of
130	130	98the general court or is preempted by law or regulation shall not affect the validity or
131	131	99enforceability of any other provisions.
132	132	100 SECTION 7. EFFECTIVE DATE.
133	133	101 This act shall take effect immediately upon signing by the Governor.