Bill
S 1002
Limits by-right ADUs on small-lot single-family zones to owner-occupied homes with extended-family occupants, unless a municipality votes to waive.
Status / procedural note
- Title: An Act relative to accessory dwelling units on smaller lots
- Docket/filing: Senate Docket No. 1582 (filed 01/16/2025) as a petition by Sen. Edward J. Kennedy (First Middlesex).
- Committee referral: Referred to the committee on Housing.
- Hearing scheduled: 06/25/2025, 1:00 PM–5:00 PM (location B‑1).
- Note on source materials: The packet provided includes unrelated materials (an Idaho drivers‑license fee amendment and fiscal note). Those are not part of this Massachusetts ADU bill; this summary focuses only on the ADU text.
Purpose / intent
- The bill seeks to limit the use of accessory dwelling units (ADUs) “by right” on smaller single‑family lots by requiring owner occupancy and restricting who may occupy the ADU, unless a local municipality votes to waive those requirements. Its stated aim is to regulate ADU occupancy in single‑family districts with smaller lot sizes.
Key provisions (what the bill would do)
- Amends Section 7 of Chapter 150 of the Acts of 2024 by inserting language after the word “rental.” The new language provides:
- Applicability: Zoning districts designated for single‑family housing where the minimum lot size is 10,000 square feet or less.
- Owner‑occupancy requirement: ADUs allowed “by right” in those districts would be limited to properties where the property owner occupies the primary residence.
- Occupant limitation: ADUs may only be occupied by members of the property owner’s “extended family.”
- Municipal waiver: The owner‑occupancy and family‑relation requirements may be waived if the municipality approves the waiver by vote.
Who would be affected
- Homeowners in single‑family zoning districts with minimum lot sizes of 10,000 sq ft or less (prospective ADU builders/owners).
- Renters seeking ADU units in those areas (restricted to extended family unless local waiver occurs).
- Municipal governments — required to implement, enforce, and potentially vote on waivers.
- Local housing supply and rental markets in affected neighborhoods.
Potential impacts and considerations
- Limits on by‑right rental ADUs in smaller‑lot single‑family areas could reduce the number of market‑rate or affordable rentals created via ADUs, potentially slowing small‑scale housing supply growth.
- May preserve neighborhood character or address homeowner concerns about non‑family renters, but could constrain homeowner rental income opportunities.
- Places enforcement and verification burdens on municipalities (owner‑occupancy checks, definition/verification of “extended family,” permitting). The bill delegates flexibility to localities through a waiver vote, so local outcomes will vary.
- Fiscal impacts are not provided for this bill in the materials supplied; any local implementation costs (enforcement, permitting changes) would be borne by municipalities.
Unanswered / implementation details
- The bill text does not define “extended family” (may require local or regulatory clarification).
- No explicit effective date in the supplied ADU text.
- Enforcement mechanisms and verification procedures are not specified; municipal ordinances would likely need amendment for implementation.
Compiled from official sources — confirm details with the bill’s official record.
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