Amendment #153 to H4707

Seasonal Communities Designation

Ms. Peake of Provincetown moves to amend the bill in section 5, in lines 753-786, by striking out the words in their entirety and inserting in place thereof the following:

Section 32. As used in this section and section 33, the following words shall have the following meanings unless the context clearly requires otherwise:-

“Area median income”, the area median gross income as such term is used in section 42 of the 1986 Internal Revenue Code as amended and in effect for the taxable year, and which is determined by the federal department of housing and urban development guidelines and adjusted for family size.

“Executive office”, the executive office of housing and livable communities.

“Seasonal community”, a city or town characterized by significant seasonal fluctuations in population and employment related to seasonal-based tourism.

“Short-term rental”, an owner-occupied, tenant-occupied or non-owner occupied property including, but not limited to, an apartment, house, cottage, condominium or a furnished accommodation that is not a hotel, motel, lodging house or bed and breakfast establishment, where: (i) at least 1 room or unit is rented to an occupant or sub-occupant; and (ii) all accommodations are reserved in advance; provided, however, that a private owner-occupied property shall be considered a single unit if leased or rented as such.

Section 33. (a) The executive office shall have the authority to designate municipalities as seasonal communities, provided that all municipalities in Barnstable County, Dukes County Nantucket County, and Berkshire County shall receive such designation. The executive office, in reviewing each additional municipality considered to receive the designation, shall base its decision on the following considerations: (1) a high rate of short-term rentals in relation to the overall housing inventory ; (2) a significant population increase in seasonal visitors; (3) an apparent disparity between the area median income and the income required to purchase the municipality’s median home price; (4) the percentage of housing stock that is used for seasonal, occasional, or recreational use, or is otherwise not used as a primary residence by the property’s owner(s); and (5) high variations in the average monthly variation of employment in the sector over the full year, considered alongside the municipality’s minimum employment threshold.  Additional municipalities designated by the executive office shall accept or deny the designation by vote of its chief executive officers, provided that all municipalities within Barnstable County, Dukes County and Nantucket County shall be subject to the designation without such vote.

(b) The executive office shall further review, on an as-needed basis, the needs of each municipality designated as a seasonal community by applying the same criteria set forth in subsection (a). Based on said review, the executive office may reconsider a municipality’s seasonal community designation should the municipality’s changed circumstances no longer require the designation to serve the housing needs of its year-round residents.

Additional co-sponsor(s) added to Amendment #153 to H4707

Seasonal Communities Designation