Massachusetts HD 3379: An Act relative to housing reform

Bill Text

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HOUSE DOCKET, NO. 3379 FILED ON: 1/18/2019
HOUSE . . . . . . . . . . . . . . . No. 1288

The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Kevin G. Honan and Andres X. Vargas
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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 housing reform.
_______________
PETITION OF:

NAME: DISTRICT/ADDRESS: DATE ADDED:
Kevin G. Honan 17th Suffolk 1/18/2019
Andres X. Vargas 3rd Essex 1/18/2019
Natalie M. Blais 1st Franklin 2/1/2019
Daniel Cahill 10th Essex 2/1/2019
Peter Capano 11th Essex 2/1/2019
Harriette L. Chandler First Worcester 2/1/2019
Mike Connolly 26th Middlesex 1/28/2019
Brendan P. Crighton Third Essex 1/30/2019
Daniel R. Cullinane 12th Suffolk 1/31/2019
Marjorie C. Decker 25th Middlesex 1/30/2019
Sal N. DiDomenico Middlesex and Suffolk 2/1/2019
Mindy Domb 3rd Hampshire 2/1/2019
James B. Eldridge Middlesex and Worcester 2/1/2019
Nika C. Elugardo 15th Suffolk 2/1/2019
Carmine Lawrence Gentile 13th Middlesex 1/30/2019
Carlos González 10th Hampden 1/29/2019
Kenneth I. Gordon 21st Middlesex 1/29/2019
Danielle W. Gregoire 4th Middlesex 1/30/2019

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Natalie M. Higgins 4th Worcester 1/29/2019
Russell E. Holmes 6th Suffolk 2/1/2019
Bradley H. Jones, Jr. 20th Middlesex 1/30/2019
Patrick Joseph Kearney 4th Plymouth 2/1/2019
Mary S. Keefe 15th Worcester 1/31/2019
Kay Khan 11th Middlesex 1/29/2019
Jack Patrick Lewis 7th Middlesex 1/25/2019
Jay D. Livingstone 8th Suffolk 1/29/2019
Adrian C. Madaro 1st Suffolk 1/28/2019
Paul W. Mark 2nd Berkshire 2/1/2019
Christopher M. Markey 9th Bristol 1/31/2019
Joseph W. McGonagle, Jr. 28th Middlesex 1/29/2019
Paul McMurtry 11th Norfolk 1/30/2019
Liz Miranda 5th Suffolk 1/30/2019
Mathew J. Muratore 1st Plymouth 1/29/2019
Brian W. Murray 10th Worcester 1/29/2019
Harold P. Naughton, Jr. 12th Worcester 1/31/2019
Elizabeth A. Poirier 14th Bristol 1/30/2019
Rebecca L. Rausch Norfolk, Bristol and Middlesex 2/1/2019
David M. Rogers 24th Middlesex 1/31/2019
Lindsay N. Sabadosa 1st Hampshire 2/1/2019
Jon Santiago 9th Suffolk 1/31/2019
Thomas M. Stanley 9th Middlesex 2/1/2019
José F. Tosado 9th Hampden 1/29/2019
Thomas P. Walsh 12th Essex 1/31/2019
Bud L. Williams 11th Hampden 1/30/2019

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HOUSE DOCKET, NO. 3379 FILED ON: 1/18/2019
HOUSE . . . . . . . . . . . . . . . No. 1288
By Messrs. Honan of Boston and Vargas of Haverhill, a petition (accompanied by bill, House,
No. 1288) of Kevin G. Honan, Andres X. Vargas and others relative to housing reform.
Housing.

The Commonwealth of Massachusetts

_______________
In the One Hundred and Ninety-First General Court
(2019-2020)
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An Act relative to housing reform.

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

1 SECTION 1. Section 4A of chapter 40 of the General Laws, as appearing in the 2016
2 Official Edition, is hereby amended by adding the following paragraph:-
3 By a majority vote of their legislative bodies, and with the approval of the mayor, board
4 of selectmen or other chief executive officer, any contiguous cities and towns may enter into an
5 agreement to allocate public infrastructure costs, municipal service costs and local tax revenue
6 associated with the development of an identified parcel or parcels or development within the
7 contiguous communities generally, provided that said agreement is approved by the department
8 of revenue.
9 SECTION 2. Section 1A of chapter 40A of the General Laws, as so appearing, is hereby
10 amended by inserting after the introductory paragraph the following 9 definitions: -
11 “Accessory dwelling unit”, a self-contained housing unit, inclusive of sleeping, cooking
12 and sanitary facilities on the same lot as the principal dwelling, subject to otherwise applicable

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13 dimensional and parking requirements, that (i) maintains a separate entrance, either directly from
14 the outside or through an entry hall or corridor shared with the principal dwelling sufficient to
15 meet the requirements of the state building code for safe egress; (ii) is not larger in floor area
16 than ½ the floor area of the principal dwelling or 900 square feet, whichever is smaller; and (iii)
17 is subject to such additional restrictions as may be imposed by a municipality, including but not
18 limited to additional size restrictions, owner-occupancy requirements, and restrictions or
19 prohibitions on short-term rental of accessory dwelling units.
20 “As of right”, development may proceed under a zoning ordinance or by-law without the
21 need for a special permit, variance, zoning amendment, waiver, or other discretionary zoning
22 approval.
23 “Department”, the department of housing and community development.
24 “Lot”, an area of land with definite boundaries that is used or availabl