Massachusetts S 1433: An Act relative to zoning for housing production

Bill Text

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SENATE DOCKET, NO. 1682        FILED ON: 1/16/2025 
SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1433 
 
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 zoning for housing production. 
_______________ 
PETITION OF: 
 
NAME: DISTRICT/ADDRESS: 
Julian Cyr Cape and Islands 

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SENATE DOCKET, NO. 1682        FILED ON: 1/16/2025 
SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1433 
By Mr. Cyr, a petition (accompanied by bill, Senate, No. 1433) of Julian Cyr for legislation 
relative to zoning for multi-family housing production.  Municipalities and Regional 
Government. 
 
The Commonwealth of Massachusetts 
 
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In the One Hundred and Ninety-Fourth General Court 
(2025-2026) 
_______________
 
 
An Act relative to zoning for housing production. 
 
 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority 
of the same, as follows: 
 
1 Chapter 40A of the General Laws is hereby amended by inserting after section 3B the 
2following 2 sections:-  
3 "Section 3C. (a) All municipalities within the commonwealth having a population of 
4greater than 2,000 shall have a zoning ordinance or by-law that provides for no less than 1 
5district of reasonable size in which multi-family housing is permitted as of right; provided, 
6however, that such multi-family housing shall be without age restrictions and shall be suitable 
7for families with children. For the purposes of this section, a district of reasonable size shall have 
8a minimum gross density of 15 units per acre, subject to any further limitations imposed by 
9section 40 of chapter 131 and title 5 of the state environmental code established pursuant to 
10section 13 of chapter 21A.  
11 (b) The executive office of housing and livable communities shall promulgate regulations 
12to assess municipalities’ compliance with this section.  

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13 (c) Municipalities may apply to the executive office for a waiver from the requirements 
14of this section. In deciding whether to grant the municipal's request for a waiver, the executive 
15office shall base its decision on whether the municipality’s subsidized housing inventory eligible 
16housing units exceed 10 per cent of its total housing units pursuant to section 20 of chapter 40B 
17of the Generals Laws and 760 CMR 56.00.  
18 (d) A municipality that fails to comply with this section shall not be eligible for funds 
19from: (i) the Housing Choice Initiative as described by the governor in a message to the general 
20court dated December 11, 2017; (ii) the Local Capital Projects Fund established in section 
212EEEE of chapter 29; (iii) the MassWorks infrastructure program established in section 63 of 
22chapter 23A, or (iv) the HousingWorks infrastructure program established in section 27 of 
23chapter 23B.  
24 Section 3D. Each municipality in the commonwealth shall enact zoning ordinances and 
25by-laws, subject to the procedure established under section 5 of this chapter, that set forth a 
26minimum lot size for real property classified as Class One, residential of no greater than 1 acre, 
27except when required to maintain compliance with 310 CMR 15.000 of the State Environmental 
28Code.