Bill H.2874

HOUSE DOCKET, NO. 3811 FILED ON: 1/20/2023

HOUSE . . . . . . . . . . . . . . . No. 2874

By Representative Lipper-Garabedian of Melrose, a petition (accompanied by bill, House, No. 2874) of Kate Lipper-Garabedian, Ruth B. Balser and James B. Eldridge relative to the taxation of accessible dwellings for older adults and people with disabilities. Revenue.

The Commonwealth of Massachusetts

_______________

In the One Hundred and Ninety-Third General Court
(2023-2024)

_______________

An Act promoting accessible dwellings for older adults and people with disabilities to remain in their communities.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Chapter 59 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 5N the following section:-

Section 5O. (a) Notwithstanding any other general or special law to the contrary, in any city or town that accepts this section, an owner of a residential property who has made modifications to that residential property to improve accessibility or to allow that person to live independently, shall be exempt from the increased real property tax due to the newly assessed value of the property as a result of such modifications. Any reduction provided under this section shall be in addition to any exemption or abatement to which that person is otherwise entitled.

(b) The exemption shall be available only if: (i) the taxpayer is 65 years of age or older; (ii) the taxpayer is not a dependent of another taxpayer; (iii) the taxpayer occupies the property as that person’s principal residence; (iv) the taxpayer’s total income does not exceed $40,000 for a single individual who is not the head of a household, $50,000 for a head of a household and $60,000 for 2 spouses filing a joint return; and (v) the assessed value of the residence does not exceed $600,000.

(c) The income limits in this section shall be increased by amounts equal to the income limits multiplied by the cost-of-living adjustment for the calendar year in which such taxable year begins, and the valuation limit in this section shall be increased by an amount equal to such valuation limit multiplied by the cost-of-housing adjustment for the calendar year in which such taxable year begins. If any such increase in an income or valuation limit is not a multiple of $1,000, such increase shall be rounded to the next lowest multiple of $1,000. If the increase in the exemption limit is not a multiple of $10, such increase shall be rounded to the next lowest multiple of $10.

(d) No exemption shall be allowed for a married individual unless a joint return is filed.

(e) An owner of residential property who meets all the requirements of this section and whose principal place of residence changes during the course of the year, may claim an exemption for the increased real property tax due the increased assessment value with respect to each such principal residence actually occupied during the year if modifications were made to that residence for the purposes of improved accessibility or to allow that person to live independently.

(f) Any exemption provided by this section shall not be counted as income in determining eligibility or benefits under any other means-tested assistance program, including, but not limited to, all such cash, food, medical, housing, energy and educational assistance programs.

SECTION 2. The first paragraph of section 13A of chapter 22 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the fourth paragraph, consisting of lines 38 through 63, and inserting in place thereof the following four paragraphs: The board shall make and from time to time alter, amend, and repeal, in accordance with the provisions of chapter thirty A, rules and regulations designed to make multiple dwellings and public buildings accessible to, functional for and safe for use by persons with disabilities. The board shall also make rules and regulations requiring that any person who has lawful control of improved or enclosed private property used as off-street parking areas where the public has a right of access as invitees or licensees, shall reserve parking spaces in said off-street parking areas for vehicles authorized to display handicapped plates or placards under section 2 of chapter 90; provided, that the parking requirements shall be consistent with the Americans with Disabilities Act Standards for Accessible Design. The parking spaces reserved for vehicles of such handicapped persons shall be clearly marked as such. The rules and regulations of the board shall also establish standards and procedures designed to make adaptable for persons with physical disabilities for any building, regardless of the date of construction, (1) all dwelling units in multiple dwellings equipped with an elevator; (2) all ground floor dwelling units in multiple dwellings not equipped with an elevator; and (3) all public use and common use portions of such multiple dwellings, providing however, that in any building constructed before March thirteenth, nineteen hundred and ninety one, such standards and procedures for dwelling units shall apply only to such units within (1) any non-residential building undergoing a gut rehabilitation as part of a change in use into a multiple dwelling facility, or (2) any residential building which is vacant undergoing a gut rehabilitation. The rules and regulations of the board shall establish standards and procedures designed to make accessible to, functional for and safe for use by persons with physical disabilities residential buildings whenever constructed and without 2 the restrictions in the above paragraph. Unless otherwise specified, five percent of the units in lodging or residential facilities for hire, rent or lease, containing twenty or more units, shall meet this requirement; provided, however, that accessible units shall allow five feet of turning radius for a wheelchair in the kitchens and bathrooms. In the event that the board determines that the need, in certain areas of the commonwealth, for such units either exceeds or does not require said five percent, the board may require that, in said areas a percentage of units less than five percent or not greater than ten percent be accessible and safe for 2 persons with disabilities; provided, however, that said accessible units shall allow five feet of turning radius for a wheelchair in the kitchens and bathrooms. The board may make such determination only if there is sufficient factual basis, using data from the central registry of the Massachusetts Rehabilitation Commission and other sources, to establish with a reasonable degree of certainty the present and future needs for said accessible units in certain areas of the commonwealth. A percentage of less than five percent shall not be established unless such accessible units, which are not needed by persons with disabilities cannot be readily hired, rented, or leased to other persons. The rules and regulations of the board shall include, but not be limited to, detailed architectural standards further defining adaptable and accessible dwelling units, and such other provisions necessary to provide rights and remedies substantially equivalent to or greater than the rights and remedies provided by the federal Fair Housing Act, the Department of Justice’s Americans with Disabilities Act Standards for Accessible Design and regulations thereunder as they pertain to such multiple dwellings.

SECTION 3. Said section 13A of said chapter 22, as so appearing, is hereby further amended by striking out, in lines 11 and 12, the words “in behalf of the physically handicapped” and inserting in place thereof the following words:- "on behalf of persons with disabilities".

SECTION 4. Said section 13A of said chapter 22, as so appearing, is hereby further amended by inserting after the word “buildings”, in line 67, the following words:- "and facilities".

SECTION 5. Said section 13A of said chapter 22, as so appearing, is hereby further amended by inserting after the word “buildings”, in line 75, the following words:- "and facilities".

SECTION 6. Said section 13A of said chapter 22, as so appearing, is hereby further amended by striking out, in lines 80 and 81, the words “handicapped persons,” and inserting in place thereof the following words:- "persons with a disability”.

SECTION 7. Said section 13A of said chapter 22, as so appearing, is hereby further amended by striking out, in lines 88 and 89 the word “newspaper” and inserting in place thereof the following words:- "forms of".

SECTION 8. Said section 13A of said chapter 22, as so appearing, is hereby further amended by inserting after the word “building”, in line 93, the following words:- 3 "or facility".

SECTION 9. Said section 13A of said chapter 22, as so appearing, is hereby further amended by inserting after the word “building”, in line 94, the following words:- "or facility".

SECTION 10. Said section 13A of said chapter 22, as so appearing, is hereby further amended by inserting after the word “changed to a”, in line 94, the following words:- "residential use or a".

SECTION 11. Said section 13A of said chapter 22, as so appearing, is hereby further amended by inserting, in line 94, after the words “which the building” the following words:- "or facility."

SECTION 12. Said section 13A of said chapter 22, as so appearing, is hereby further amended by inserting after the word “building”, in line 96, the following words:- "or facility".

SECTION 13. Said section 13A of said chapter 22, as so appearing, is hereby further amended by striking out, in lines 102 and 103, the words “physically handicapped persons” and inserting in place thereof the following words:- "persons with a disability".

SECTION 14. Said section 13A of said chapter 22, as so appearing, is hereby further amended by striking out the eighth paragraph, consisting of lines 107 through 127.

SECTION 15. Said section 13A of said chapter 22, as so appearing, is hereby further amended by striking out, in lines 131 and 132, the word “person” and inserting in place thereof the following words:- "building, or portion thereof,".

SECTION 16. Said section 13A of said chapter 22, as so appearing, is hereby further amended by inserting after the words “for a building”, in line 150, the following words:- "or facility".

SECTION 17. Said section 13A of said chapter 22, as so appearing, is hereby further amended by inserting after the word “building”, in line 166, the following word:- ", facility".

SECTION 18. Said section 13A of said chapter 32, as so appearing, is hereby further amended by striking out, in lines 177, 179 and 187 the words “physically handicapped persons” and inserting in place thereof, in each instance, the following words:- "persons with a disability".

SECTION 19. Said section 13A of said chapter 22, as so appearing, is hereby further amended by inserting after the definition of “Construction” the following definitions:- "“Facility”, all or any portion of a building, structure, site improvement, complex, equipment, road, walk, passageway, parking lot or other real or personal property, including the site where the building, property, structure or equipment is located." “Gut Rehabilitation”, the general replacement of the interior of a building that may or may not include changes to structural elements such as flooring systems, columns or load bearing interior or exterior walls.

SECTION 20. Said section 13A of said chapter 22, as so appearing, is hereby further amended by striking out, in line 200, the words “Physically handicapped person” and inserting in place thereof the following words:- "Person with a disability".

SECTION 21. Said section 13A of said chapter 22, as so appearing, is hereby further amended by striking out, in line 204, the words “Physically handicapped persons” and inserting in place thereof the following words:- "A person with a disability.

SECTION 22. The first paragraph of section 13A of chapter 22 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out the second and third sentences and inserting in place thereof the following 3 sentences:-

“Two of the appointive members shall be architects licensed to practice in the commonwealth. One of the appointive members shall be a licensed building inspector. Three of the appointive members shall be selected after consultation with advocacy groups on behalf of persons with disabilities”

SECTION 23. The first paragraph of section 13A of chapter 22 of the General Laws, as so appearing, is hereby further amended by striking out the fourth paragraph, in lines 38 through 63, and inserting in place thereof the following four paragraphs:-

The board shall make and from time to time alter, amend, and repeal, in accordance with the provisions of chapter thirty A, rules and regulations designed to make multiple dwellings, and public buildings and facilities, including but not limited to areas that are not generally in public use, accessible to, functional for and safe for use by persons with disabilities. The board shall also make rules and regulations requiring that any person who has lawful control of improved or enclosed private property used as off-street parking areas where the public has a right of access as invitees or licensees, shall reserve parking spaces in said off-street parking areas for vehicles authorized to display handicapped plates or placards under section 2 of chapter 90; provided, that the parking requirements shall be consistent with the Americans with Disabilities Act Standards for Accessible Design. The parking spaces reserved for vehicles of such handicapped persons shall be clearly marked as such.

The rules and regulations of the board shall also establish standards and procedures designed to make adaptable for persons with physical disabilities for any building, regardless of the date of construction, (1) all dwelling units in multiple dwellings equipped with an elevator; (2) all ground floor dwelling units in multiple dwellings not equipped with an elevator; and (3) all public use and common use portions of such multiple dwellings, providing however, that in any building constructed before March thirteenth, nineteen hundred and ninety one, such standards and procedures for dwelling units shall apply only to such units within (1) any non-residential building undergoing a gut rehabilitation as part of a change in use into a multiple dwelling facility, or (2) any residential building which is vacant undergoing a gut rehabilitation.

The rules and regulations of the board shall establish standards and procedures designed to make accessible to, functional for and safe for use by persons with physical disabilities residential buildings whenever constructed and without the restrictions in the above paragraph. Unless otherwise specified, five percent of the units in lodging or residential facilities for hire, rent or lease, containing twenty or more units, shall meet this requirement; provided, however, that accessible units shall allow five feet of turning radius for a wheelchair in the kitchens and bathrooms. In the event that the board determines that the need, in certain areas of the commonwealth, for such units either exceeds or does not require said five percent, the board may require that, in said areas a percentage of units less than five percent or not greater than ten percent be accessible and safe for persons with disabilities; provided, however, that said accessible units shall allow five feet of turning radius for a wheelchair in the kitchens and bathrooms. The board may make such determination only if there is sufficient factual basis, using data from the central registry of the Massachusetts Rehabilitation Commission and other sources, to establish with a reasonable degree of certainty the present and future needs for said accessible units in certain areas of the commonwealth. A percentage of less than five percent shall not be established unless such accessible units, which are not needed by persons with disabilities cannot be readily hired, rented, or leased to other persons.

The rules and regulations of the board shall include, but not be limited to, detailed architectural standards further defining adaptable and accessible dwelling units, and such other provisions necessary to provide rights and remedies substantially equivalent to or greater than the rights and remedies provided by the Federal Fair Housing Act, the Department of Justice’s Americans with Disabilities Act Standards for Accessible Design and regulations thereunder as they pertain to such multiple dwellings.

SECTION 25. Said section 13A of said chapter 22, as so appearing, is hereby further amended by striking out, in lines 11 and 12, the words “in behalf of the physically handicapped” and inserting in place thereof the following words:-

“on behalf of persons with disabilities”.

SECTION 26. Said section 13A of said chapter 22, as so appearing, is hereby further amended by inserting after the word “buildings”, in line 67, the following words:-

“and facilities”.

SECTION 27. Said section 13A of said chapter 22, as so appearing, is hereby further amended by inserting after the word “buildings”, in line 75, the following words:-

“and facilities”.

SECTION 28. Said section 13A of said chapter 22, as so appearing, is hereby further amended by striking out, in lines 80 and 81, the words “handicapped persons,” and inserting in place thereof the following words:-

“persons with a disability”.

SECTION 29. Said section 13A of said chapter 22, as so appearing, is hereby further amended by striking out, in lines 88 and 89 the word “newspaper” and inserting in place thereof the following words:-

“forms of”.

SECTION 30. Said section 13A of said chapter 22, as so appearing, is hereby further amended by inserting after the word “building”, in line 93, the following words:-

“or facility, including Areas not generally in Public Use”

SECTION 31. Said section 13A of said chapter 22, as so appearing, is hereby further amended by inserting after the word “building”, in line 94, the following words:-

“or facility”.

SECTION 32. Said section 13A of said chapter 22, as so appearing, is hereby further amended by inserting after the word “changed to a”, in line 94, the following words:-

“residential use or a”.

SECTION 34. Said section 13A of said chapter 22, as so appearing, is hereby further amended by inserting, in line 94, after the words “which the building” the following words:-

“or facility.”

SECTION 35. Said section 13A of said chapter 22, as so appearing, is hereby further amended by inserting after the word “building”, in line 96, the following words:-

“or facility”.

SECTION 36. Said section 13A of said chapter 22, as so appearing, is hereby further amended by striking out, in lines 102 and 103, the words “physically handicapped persons” and inserting in place thereof the following words:-

“persons with a disability”.

SECTION374. Said section 13A of said chapter 22, as so appearing, is hereby further amended by striking out the eighth paragraph, consisting of lines 107 through 127.

SECTION 38. Said section 13A of said chapter 22, as so appearing, is hereby further amended by striking out, in lines 131 and 132, the word “person” and inserting in place thereof the following words:-

“building, or portion thereof,”.

SECTION 39. Said section 13A of said chapter 22, as so appearing, is hereby further amended by inserting after the words “for a building”, in line 150, the following words:-

“or facility”.

SECTION 40. Said section 13A of said chapter 22, as so appearing, is hereby further amended by inserting after the word “building”, in line 166, the following word:-

“, facility”.

SECTION 41. Said section 13A of said chapter 32, as so appearing, is hereby further amended by striking out, in lines 177, 179 and 187 the words “physically handicapped persons” and inserting in place thereof, in each instance, the following words:-

“persons with a disability”.

SECTION 42. Said section 13A of said chapter 22, as so appearing, is hereby further amended by inserting after the definition of “Alteration”, the following definition:-

“Areas that are not generally in public use,” areas not intended for use by the public, as designated in the 1991 and 2010 Americans with Disabilities Act (ADA) Standards for Accessible Design, and employee work areas.

SECTION 43. Said section 13A of said chapter 22, as so appearing, is hereby further amended by inserting after the definition of “Construction” the following definitions:-

“Employee work area” all or any portion of a space used only by employees and used only for work. Corridors, toilet rooms, kitchenettes and break rooms are considered “employee work areas” and shall be made accessible in new construction, or where renovation work being performed is otherwise subject to the jurisdiction of the Board. Corridors, toilet rooms, kitchenettes and break rooms are not otherwise considered “employee work areas;” provided however, that where corridors, toilet rooms, kitchenettes and break rooms constitute the path of travel to or are essential to the use of employees for work, they shall be, when possible, adaptable.

“Facility”, all or any portion of a building, structure, site improvement, complex, equipment, road, walk, passageway, parking lot or other real or personal property, including the site where the building, property, structure or equipment is located.”

“Gut rehabilitation,” the general replacement of the interior of a building that may or may not include changes to structural elements such as flooring systems, columns or load bearing interior or exterior walls.

SECTION 44. Said section 13A of said chapter 22, as so appearing, is hereby further amended by striking out the definition of “Public building” and inserting in place thereof the following definition:-

“Public building", buildings constructed by the commonwealth or any political subdivision thereof with public funds and open to public use, including, but not limited to, those constructed by public housing authorities, the Massachusetts Port Authority, the Massachusetts Parking Authority, the Massachusetts Department of Transportation, the Massachusetts Bay Transportation Authority, or building authorities of any public educational institution, or their successors; and privately financed buildings that are open to and used by the public, including but not limited to places of public accommodation listed in section 92A of chapter 272 of the General Laws, and 42 U.S.C. section 12181(7).

SECTION 45. Said section 13A of said chapter 22, as so appearing, is hereby further amended by striking out, in line 200, the words “Physically handicapped person” and inserting in place thereof the following words:-

“Person with a disability”.

SECTION 46. Said section 13A of said chapter 22, as so appearing, is hereby further amended by striking out, in line 204, the words “Physically handicapped persons” and inserting in place thereof the following words:-

“A person with a disability.”

SECTION 47. Not later than ninety days after the effective date of this act, the Architectural Access Board shall promulgate regulations as necessary pursuant to this act’s amendments of Chapter 22, section 13A.

SECTION 48. Chapter 23B of the General Laws is hereby amended by adding the following 7 sections:-

Section 31. As used in section 31 to 37, inclusive, the following words shall have the following meanings, unless the context clearly requires otherwise:-

“Accessibility features”, accessibility features that meet the specifications of an existing standard including: (i) accessibility ramp to a zero-step entrance from a driveway or public sidewalk; (ii) zero-step entrance; (iii) doors with at least 32 inches of clear width; (iv) hallways and passages with at least 36 inches of clear width; (v) accessible light switches, electrical outlets and environmental controls; (vi) accessible bathroom; (vii) accessible and useable kitchen facilities; (viii) retrofitting of an existing unit to include permanently installed lifts or elevators; (ix) purchase and permanent installation of a backup electric generator for life sustaining electric-powered medical equipment for devices such as respirators, oxygen concentrators or dialysis machines; and (x) installation of a permanent home monitoring system for residents with Alzheimer’s disease and other forms of dementia.

“Commission”, the Massachusetts rehabilitation commission established pursuant to section 74 of chapter 6.

“Disability”, a physical or mental impairment that substantially limits one or more major life activities of an individual.

“Dwelling unit”, any house or building, or portion thereof, that is occupied, designed to be occupied, or is rented, leased or hired out to be occupied, as a home or residence of 1 or more persons.

“Eligible individual”, an individual who has a disability or the caregiver who owns or rents the residency in which the individual who has a disability will reside.

“Existing standards”, adaptability features prescribed by the Massachusetts state building code, the specifications of the American National Standards Institute, the Uniform Federal Accessibility Standards pursuant to 24 CFR Part 40 or Fair Housing Accessibility Guidelines pursuant to 24 CFR Part 100.

“Post-retrofit documentation”, evidence that the project has been completed including, but not limited to: (i) before and after pictures of the area that is retrofitted; (ii) copies of purchase contracts; (iii) invoices; (iv) cancelled checks; and (v) construction contracts.

“Sensory modification”, alarms, appliances and controls designed to assist sensory disabled individuals that are installed as a permanent part of the structure to the dwelling unit; provided, however that sensory modifications shall not include appliances or alarms that can be removed and reinstalled in another dwelling unit.

Section 32. (a) Any eligible individual, who intends to retrofit or contract with an individual or company to retrofit an existing dwelling unit; provided, that such retrofitting meets the qualification criteria as established in section 33, and meets the eligibility requirements established by guidelines developed by the department in consultation with the commission, shall be eligible for a livable home modification grant equal to not more than 50 per cent of the total amount spent; provided, that said livable home modification grant shall not exceed $5,000.

(b) An eligible individual who has a disability, a caregiver or a guardian may apply for a livable home modification pursuant to section 34.

Section 33. (a) To qualify for a livable home modification grant, the proposed modification or retrofitting of an existing dwelling unit must include at least 1 accessibility feature or sensory modification and meet the requirements of an existing standard.

(b) The eligible individual's income in the prior year shall not exceed 120 per cent of the area median income, as determined by the United States Department of Housing and Urban Development. The calculation of an eligible individual’s income shall only include the earnings of the individual with a disability and caregiver, if applicable; provided, that this calculation shall not include household income.

(c) If the eligible individual who has a disability was not required to file a federal tax return in the prior year, the resident shall be automatically eligible for a livable home modification grant; provided, however, that the eligible individual does not qualify or is not eligible for accessibility modifications funded through other local, state or federal programs.

Section 34. (a) Eligible individuals shall apply for a livable home modification grant by making application to the department, which shall issue a certification for an approved application to the individual who has a disability, caregiver or guardian.

(b) The department, in consultation with the commission, shall develop application guidelines that include, but shall not be limited to: (i) assessment of the individual who has the disability and the need for the livable home modifications; and (ii) proof of the eligible resident's income and documentation of any disability related exemptions.

(c) All applications shall be submitted and received by the department prior to the commencement of construction to modify or retrofit an existing residence to install accessibility features or sensory modifications.

Section 35. (a) Livable home modification grants shall only be allowed for the retrofitting or modification of a residential rental property, provided that the owner agrees to maintain the accessibility features or sensory modifications for 10 years.

(b) Individuals and other entities shall not be eligible to receive a livable home modification grant if they are:

(i) eligible for federal or state disabled access tax credits;

(ii) a limited liability company or foreign limited liability company, as defined by section 2 of chapter 156C;

(iii) an S Corporation established pursuant to Subchapter S of Chapter 1 of the Internal Revenue Code, 26 USC §§ 1361 et seq.;

(iv) a cooperative housing corporation, as defined by section 4 of chapter 157B; or

(v) a corporation or foreign corporation, subject to chapter 156.

(c) Accessibility modifications that are eligible to be funded through local, state or federal programs shall not be eligible for livable home modification grants.

(d) Livable home modification grants shall not be used for the purchase or construction of residential rental property.

(e) The department shall not issue more than 1 livable home modification grant to an eligible individual or in relation to the modification or retrofitting of a dwelling unit.

Section 36. Applicants shall submit post-retrofit documentation to the department following the completion of the modification or retrofitting of the dwelling unit.

Section 37. The department shall, not later than August 31, submit an annual report to the governor, speaker of the house, senate president, and chairs of the joint committee on ways and means for preceding fiscal year. The annual report shall include, but shall not be limited to:

(i) number of grants issued to qualifying individuals;

(ii) number of applications that did not qualify;

(iii) total dollar amount of grants issued;

(iv) average dollar amount of the grants issued;

(v) number of retrofits by accessibility features; and

(vi) prognosis and estimated expenses for the individual if the retrofit had not been made, including: (1) increased likelihood of falls and other related emergency room, hospital or rehabilitation expenses; (2) loss of independence; and (3) move into a long-term care facility.

SECTION 49. The director of the department of housing and community development shall promulgate regulations necessary to implement and administer this act.

SECTION 50. Section 3 of chapter 40A of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the last paragraph the following 3 paragraphs:-

No zoning ordinance or by-law shall prohibit or require a special permit for the use of land or structures for an accessory dwelling unit, or the rental thereof, in a single-family residential zoning district on a lot with 5,000 square feet or more or on a lot of sufficient area to meet the requirements of title 5 of the state environmental code established by section 13 of chapter 21A, if applicable; provided, however, that the single-family dwelling or the accessory dwelling unit is occupied by at least 1 person with disabilities or 1 person who is elderly.

As used in this section, “accessory dwelling unit” shall mean a self-contained housing unit, inclusive of sleeping, cooking and sanitary facilities, incorporated within the same structure as a single-family dwelling or in a detached accessory structure and that: (i) maintains a separate entrance, either directly from the outside or through an entry hall or corridor shared with the single dwelling; (ii) shall not be sold separately from the single family dwelling; (iii) is not smaller in floor area than 450 square feet; (iv) may include up to two bedrooms; and (v) is not larger in floor area than ½ the floor area of the single family dwelling or 900 square feet, whichever is smaller; “person with disabilities” shall mean a person who has been determined to be disabled (i) in accordance with criteria established by local by-law or ordinance, if any, or (ii) by the Social Security Administration or MassHealth, notwithstanding any local by-law or ordinance; and “elderly” shall mean a person sixty-five years of age or older.

The zoning ordinance or by-law may require that the single-family dwelling or the accessory dwelling unit be owner-occupied and may limit the total number of accessory dwelling units in the municipality to a percentage not lower than 5 percent of the total non-seasonal housing units in the municipality. The use of land or structures for an accessory dwelling unit may be subject to reasonable regulations concerning dimensional setbacks and the bulk and height of structures. Not more than 1 additional parking space shall be required for an accessory dwelling unit but, if parking is required for the single family dwelling, that parking shall either be retained or replaced. An accessory dwelling unit allowed under this section is considered owner-occupied upon transfer of title of the single-family dwelling in whole or in part to a trust in which at least 1 beneficiary is a person with disabilities or a person who is elderly; provided, however, that either the single-family dwelling or the accessory dwelling unit remains occupied by that beneficiary. Nothing in this paragraph shall authorize an accessory dwelling unit to violate the building, fire, health or sanitary codes, historic or wetlands laws, or ordinances or by-laws.

Name:	District/Address:	Date Added:
Kate Lipper-Garabedian	32nd Middlesex	1/20/2023
Ruth B. Balser	12th Middlesex	2/7/2023
James B. Eldridge	Middlesex and Worcester	3/6/2023
Sal N. DiDomenico	Middlesex and Suffolk	6/6/2023