SENATE DOCKET, NO. 1040        FILED ON: 1/18/2023

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 861

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Julian Cyr

_________________

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 year-round housing occupancy restriction.

_______________

PETITION OF:

SENATE DOCKET, NO. 1040        FILED ON: 1/18/2023

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 861

The Commonwealth of Massachusetts

_______________

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

_______________

An Act relative to year-round housing occupancy restriction.

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. Section 26 of chapter 184 of the Massachusetts General Laws is hereby amended by deleting in the eight line of the first paragraph of this section after “agricultural preservation” the following word: “and,” and inserting at the end of the eighth line of the first paragraph of this section the following words:- “and year-round housing occupancy,” and at the beginning of the eleventh line of the first paragraph of this section after “housing the following words- “year-round  housing occupancy.”     

SECTION 2. Section 31 of said chapter of the Massachusetts General Laws is hereby amended by adding after the fifth paragraph the following paragraph:- “A year-round housing occupancy restriction means a right, whether or not stated in the form of a restriction, easement, covenant, condition in any deed, mortgage, will, agreement, or other instrument executed by or on behalf of the owner of the land appropriate to (a) limiting the use of all or part of the land to residential housing occupancy by persons or families who occupy either rental or ownership housing as their primary residence for not less than 11 months during any 1-year period, or (b) in any way limiting or restricting the use or enjoyment of all or any portion of the land for the purpose of encouraging or assuring creation or retention of rental and ownership housing for occupancy to persons or families who occupy either rental or ownership housing as their primary residence for not less than 11 months during any 1-year period.” 

SECTION 3. Section 32 of said chapter of the Massachusetts General Laws is hereby amended by inserting in the tenth line of the first paragraph of this section after “low and moderate income” the following words: - “and no year-round housing occupancy restriction as defined in said section thirty-one held by any governmental body or by a charitable corporation or trust whose purposes include creating or retaining or assisting in the creation or retention of rental or ownership housing (a) for year-round occupancy by persons or families who occupy either rental or ownership housing as their primary residence for not less than 11 months during any 1-year period, or (b) for year-round occupancy for rental or ownership housing by persons or families of low or moderate income,” and by inserting in the twenty-sixth line of the first paragraph of said section after “restriction” the following words:- “or a year-round housing occupancy restriction,” and at the end of the first paragraph by adding the following words:- “or a year-round housing occupancy restriction.”

SECTION 4. Section 32 of said chapter of the Massachusetts General Laws is hereby amended by deleting at the end of the first line in the second paragraph of this section the following word: - “and” and inserting in the second line of the second paragraph of this section after “housing”, the following words:- “and year-round housing occupancy.” 

SECTION 5. Section 32 of said chapter of the Massachusetts General Laws is hereby amended  by striking at the end of the third line of the fifth paragraph of this section the following word: - “or” and inserting in the fourth line of the fifth paragraph of this section, after “housing” the following words:- “or year-round housing occupancy restriction.” 

SECTION 6. This act shall take effect upon its passage.