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HD 991

An Act relative to owner occupancy requirement for accessory dwelling units

194th Legislature (2025-2026) Introduced by Patrick Kearney

Massachusetts bill removes requirement that property owners occupy accessory dwelling units, enabling investor-owned rentals and potentially expanding but commercializing residential housing stock.

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Bill Summary · HD 991

Legislative bill overview

HD 991 would modify Massachusetts law regarding accessory dwelling units (ADUs) by altering or potentially eliminating the owner-occupancy requirement that currently mandates property owners live in either the primary residence or the accessory unit. This change would allow investors and non-resident owners to build and rent out ADUs on their properties without personal occupancy restrictions.

Why this is important

This bill directly impacts housing supply and affordability in Massachusetts, as ADUs represent a relatively affordable option for renters and a potential revenue stream for property owners. Relaxing owner-occupancy rules could significantly increase ADU development by opening the market to investment capital, though it also raises questions about preserving affordability and preventing speculative over-commercialization of residential neighborhoods.

Potential points of contention

  • Housing preservation vs. investor interests: Removing owner-occupancy requirements may attract profit-motivated investors who prioritize returns over keeping rents affordable, conflicting with the original intent of ADUs as tools for middle-class wealth-building and housing diversity.
  • Neighborhood character concerns: Allowing absentee ownership of multiple ADUs could transform single-family neighborhoods into denser rental markets, raising local opposition from residents concerned about parking, traffic, and community cohesion.
  • Tax revenue implications: Non-resident owner structures could potentially reduce local property tax assessments or increase administrative costs for municipalities monitoring compliance with building codes and occupancy regulations.

Compiled from official sources — confirm details with the bill’s official record.

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