AN ACT AUTHORIZING THE PROVINCETOWN YEAR-ROUND MARKET RATE RENTAL HOUSING TRUST TO ACQUIRE YEAR-ROUND HOUSING OCCUPANCY RESTRICTIONS
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. As used in this act, the following words shall have the following meanings unless the context clearly requires otherwise:
"Select board", the select board of the town.
"Town", the town of Provincetown,
"Year-round housing occupancy restriction", a right, either in perpetuity or for a specified number of years, 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: (i) limiting or restricting 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 (ii) limiting or restricting, in any way, 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 2. Notwithstanding any general or special law to the contrary, the Provincetown Year-round Market Rate Rental Housing Trust created pursuant to chapter 305 of the acts of 2016 or an authorized municipal board or agency approved by the select board, may acquire a year-round housing occupancy restriction for rental or ownership housing.
SECTION 3. A year-round housing occupancy restriction acquired pursuant to this act shall be recorded with the Barnstable county registry of deeds, or, if on registered land, filed with the Barnstable registry district of the land court, and contain a description of the land upon which the restriction is to be imposed; provided, however, that the description shall: (i) specify that the land is located in the town and is shown on a recorded or registered plan in the Barnstable county registry of deeds or the Barnstable registry district of the land court; (ii) give the boundaries of the land by metes and bounds, with reference to said plan or other instrument; and (iii) if the land is registered, specify. the certificate of title thereof. The restriction imposed pursuant to this act shall run with the title of the land on which it is imposed.
SECTION 4. The acquisition of a year-round housing occupancy restriction shall be approved by a vote of the select board prior to its acquisition.
SECTION 5. A year-round housing occupancy restriction acquired pursuant to this act may be enforced, by injunction or other proceeding, by the holder of the restriction and shall entitle representatives of the holder to enter the land in a reasonable manner and at reasonable times to assure compliance with the restriction. If the court in any judicial enforcement proceeding, or the decision maker in any arbitration or other alternative dispute resolution enforcement proceeding, finds that there has been a violation of the restriction, the petitioner bringing the action or proceeding may be awarded reasonable attorneys' fees and costs incurred in the action proceeding in addition to any other relief ordered. The restriction may be released, in whole or in part, by the holder for consideration, if any, as the holder may determine, in the same manner as the holder may dispose of land or other interests in land, but only after a public hearing upon reasonable public notice by the select board, whose approval shall be required prior to its release. The release of the restriction shall be recorded or registered in the Barnstable county registry of deeds or the Barnstable registry district of the land court, as applicable.
SECTION 6. Approval of the restrictions and releases shall be evidenced by certificates of approval or release and executed by the holder of the restriction and the select board, and duly recorded or registered.
SECTION 7. This act shall take effect upon its passage.
Approved, October 21, 2026.