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H 4410

Hon. Kenneth F. Hodges, sympathy

2025-2026 Regular Session Introduced by Terry Alexander and 122 co-sponsors

The bill authorizes a municipal transfer fee on certain real estate transfers to fund affordable and year-round housing through municipal and regional trusts.

Introduced and adopted
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Bill Summary · H 4410

Summary — H 4410 (2025): "An Act relative to funding housing and mitigating investor real estate in seasonal communities"

Note on metadata: some file metadata and an unrelated South Carolina condolence resolution for the Hon. Kenneth F. Hodges appear mixed into the source materials. The legislative text summarized below is the Massachusetts bill titled “An Act relative to funding housing and mitigating investor real estate in seasonal communities” (House Docket No. 4363 / H.4410), filed by Representatives Hadley Luddy and Senator Julian Cyr. The condolence resolution is not part of this Massachusetts bill.

Purpose

To authorize and structure a municipal transfer fee mechanism that municipalities (including regional commissions) may use to raise funds for municipal affordable housing trust funds, year‑round housing trust funds, and regional affordable housing commission funds — with particular attention to preserving and creating affordable and year‑round housing in communities designated as seasonal.

Key provisions

  • Adds a new Section 55D to Chapter 44 (municipal finance) establishing definitions and a legal framework for a municipal transfer fee on certain real property transfers.
  • Establishes a broad set of definitions used for the program, including:
    • “Transfer fee” (to be imposed pursuant to section 55D) and an “affidavit of transfer fee” to be signed by the settlement agent under penalty of perjury attesting to purchase/sale price, fee due or exemption, seller’s payment obligation, and the settlement agent’s duty to remit the fee.
    • “Affordable housing purposes” — funds may be used for acquisition, construction, rehabilitation, and preservation of (1) affordable/attainable housing for low‑ and moderate‑income households and (2) year‑round housing in municipalities designated as seasonal.
    • Income thresholds: a “low or moderate income household” is defined as households with gross income at or below 150% of area median income (AMI) as determined by HUD, adjusted by household size.
    • “Affordable housing restriction” — must be recorded and limit use to low/mod income households for at least 30 years (or perpetually).
    • Broad definition of “real property interest” (includes trusts, partnership/LLC interests, corporation stock, options, contracts for sale, transferable development rights), with enumerated exclusions (e.g., dominant estate in easement, short-term leases under 30 years, mortgagee security interests).
    • Definitions for “municipal affordable housing trust fund”, “year‑round housing trust fund”, “regional affordable housing commission”, “settlement agent”, “qualified holder”, “purchaser”, and “seller.”
  • Requires settlement agents to report and remit fees (via affidavit), creating an administrative duty at closing. (Full collection procedures, fee rates, exemptions, penalties and distribution rules are not present in the available excerpt or are in later sections not included in the provided text.)

Who would be affected

  • Municipalities (especially those designated as seasonal) that adopt bylaws, ordinances, or regulations imposing the transfer fee and that receive funds into municipal or regional housing trust funds.
  • Purchasers and sellers of real property interests in municipalities that impose the fee (potentially including investor purchases).
  • Settlement agents/escrow agents and real estate attorneys (required to execute affidavits and remit fees).
  • Low‑ and moderate‑income households and communities seeking year‑round housing resources — beneficiaries of trust fund expenditures.
  • Regional affordable housing commissions and housing authorities receiving funds.

Procedural status and timeline (as provided)

  • Filed as House Docket No. 4363 (filed 01/31/2025; petition dated 01/31/2025).
  • Introduced in General Court and referred to House Rules: 03/20/2025.
  • Reported and referred to Joint Rules, then to the Committee on Housing; reported and rules suspended: 08/11/2025.
  • Senate concurred: 08/14/2025.
  • Hearing scheduled: 10/15/2025 (A‑1, 1:00 PM–5:00 PM).
  • The record also shows “Introduced and adopted” on 04/24/2025 — this likely refers to a formal introduction and adoption step in the House.

Notes, uncertainties and next steps

  • The text excerpt provided is truncated and contains detailed definitions but does not include: the specific fee rate or formula; explicit exemption lists beyond the defined excluded property interests; the procedures for how municipalities opt in or adopt the fee (by bylaw/ordinance/regulation); enforcement, penalty, or auditing provisions; or the precise distribution mechanics for trust funds. Those items may appear in portions of the bill not included here.
  • Because adoption of the fee appears to be municipal (by local ordinance/bylaw) or regional, actual impacts (who pays and how much) will depend on local choices and any implementing regulations issued by the Executive Office of Housing and Livable Communities.
  • Interested parties (municipal officials, real estate professionals, housing advocates) should review the full bill text and subsequent regulatory guidance for details on fee rates, exemptions, administrative process, and eligible uses of funds.

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

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