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H 4193

Marsha Garrett

2025-2026 Regular Session Introduced by Terry Alexander and 121 co-sponsors

Amherst may impose a local real estate transfer fee of up to 2% on property transfers to fund affordable housing, with the first $250,000 yearly directed to a housing trust.

Introduced and adopted
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Bill Summary · H 4193

Summary — H 4193

Note on contents: The submitted file contains two distinct, unrelated items. The primary statutory text is a Massachusetts local-authority bill that would authorize the town of Amherst to impose a real estate transfer fee. The file also includes a separate ceremonial South Carolina House resolution honoring Marsha Clayman Garrett; that resolution is a nonbinding, honorary item and is unrelated to the Massachusetts proposal. This summary focuses on the Amherst transfer-fee bill and briefly notes the separate Marsha Garrett resolution.

Purpose

Authorize the town of Amherst, Massachusetts to impose a local real estate transfer fee on property transfers to raise revenue (with a defined priority for affordable housing funding).

Key provisions

  • Authorization: Amherst may, by bylaw, impose a fee of up to 2.0% of the purchase price on:
    • any transfer of a real property interest in Amherst; and
    • any transfer of a controlling interest in an entity (trust, LLC, etc.) that directly or indirectly holds residential real property in Amherst.
  • Local definitions: Amherst may define by bylaw what constitutes a “controlling interest” and how the fee is calculated.
  • Exemptions (statutory; town may not eliminate these by bylaw):
    • Transfers to/from the federal government, the Commonwealth of Massachusetts, the town of Amherst, or their instrumentalities/agencies (including Amherst Housing Authority).
    • Transfers subject to an affordable housing restriction.
    • Transfers made without additional consideration to correct or confirm a prior transfer.
    • Transfers with consideration under $100.
    • Transfers between family members (family may be defined by bylaw).
  • Anti‑evasion: Transfers claimed as exempt lose that status if made primarily to evade the fee.
  • Burden of proof: Purchaser bears burden to prove an exemption.
  • Collections & use of revenue:
    • Fees paid to Amherst treasurer/collector.
    • First $250,000 collected each fiscal year must be deposited into the Amherst Municipal Affordable Housing Trust Fund (G.L. c.44, §55C).
    • Remaining annual collections to be deposited among the capital stabilization fund, general fund, and/or Affordable Housing Trust Fund as determined by bylaw.
  • Administration & enforcement:
    • Deed or other transfer instrument must be submitted to the town with: (i) affidavit of purchase price (signed under oath); (ii) payment of fee or affidavit of intent to seek an exemption; and (iii) basis for any exemption claim.
    • Town issues a certificate showing fee paid or exemption. The Hampshire District Registry of Deeds may not record/register a deed unless accompanied by that certificate.
    • Town has collection remedies analogous to those for real property taxes and may adopt additional implementing regulations by bylaw consistent with the act.
  • Effective date: Upon passage.

Who is affected

  • Buyers and sellers of real property in Amherst (may increase closing costs by up to 2% of purchase price where adopted).
  • Entities (trusts, LLCs, etc.) whose change in controlling interest constitutes an indirect transfer of residential property.
  • Amherst municipal budget/affordable housing programs (revenue source).
  • Hampshire District Registry of Deeds (recording process affected).

Potential impacts and considerations

  • Revenue generation targeted first to local affordable housing (first $250,000/year) could provide a stable local funding stream.
  • The fee may increase transaction costs for purchasers (and indirectly affect sellers/prices), particularly for high-value residential sales.
  • The requirement for town bylaws to define controlling interest, family transfers, and distribution of remaining revenue gives local discretion and will shape the program’s scope.
  • Recording restrictions and affidavit requirements could add administrative burdens and slow closings if not well implemented.
  • Market effects (e.g., reduced transactions, price adjustments) depend on local real estate dynamics and whether Amherst voters/bylaw-makers adopt the fee and at what rate (up to 2%).

Procedural status (from provided record)

  • Filed/presented for Massachusetts by Rep. Mindy Domb and Sen. Joanne Comerford (filed 5/30/2025).
  • Local approval received (file includes note “by vote of the town”).
  • Referred to the committee on Revenue (6/04/2025).
  • Hearing scheduled: 09/09/2025, 10:00 AM–1:00 PM, Gardner Auditorium.
  • The file also indicates some actions (e.g., “Senate concurred 06/05/2025”) and the separate South Carolina resolution was introduced and adopted 03/25/2025; these mixed dates reflect the inclusion of two different documents in the same submission.

If you want, I can:
- Produce a one‑page factsheet suitable for public distribution;
- Draft an impact estimate template (revenue scenarios at different transfer‑fee rates); or
- Extract language you might propose for the Amherst bylaw (definitions of “controlling interest” or “family member”).

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

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