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H 4020

Timothy Touchberry sympathy

2025-2026 Regular Session Introduced by Justin Bamberg and 7 co-sponsors

Allows by-right ADUs in single-family zones without owner-occupancy requirement, with limited regulations and parking rules.

Introduced and adopted
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WeVote Research Nonpartisan
Bill Summary · H 4020

Summary — H.4020 (Kearney): "An Act relative to owner occupancy requirement for accessory dwelling units"

Status: Introduced; reported adopted in the House; referred to committee; Senate concurred (per records). Filed as House Docket No. 991. Sponsor: Rep. Patrick J. Kearney (4th Plymouth). Related: replaces HD 991.

Note on source text: the legislative filing includes an unrelated South Carolina condolence resolution for Timothy Furman Touchberry; that material is not related to the Massachusetts zoning bill described below.

Purpose / Intent

The bill amends Section 3 of Chapter 40A of the Massachusetts General Laws to change how municipalities may regulate single accessory dwelling units (ADUs) in single‑family residential zoning districts. Its stated goals include promoting affordable housing and community well‑being and preventing speculative investment in residential properties.

Key provisions

  • By‑right ADU in single‑family zones: Municipal zoning ordinances or by‑laws shall not prohibit, unreasonably restrict, or require a special permit (or other discretionary zoning approval) for a single ADU or its rental in a single‑family residential zoning district.
  • Owner‑occupancy: The use of land or structures for an ADU under this paragraph shall not require owner occupancy of either the accessory dwelling unit or the principal dwelling.
  • Reasonable regulation allowed: Municipalities may impose reasonable regulations, including:
    • Site plan review
    • Dimensional, setback, bulk and height rules
    • Applicable health/sewage standards (e.g., 310 CMR 15.000 et seq.)
    • Restrictions or prohibitions on short‑term rentals (as defined in Chapter 64G, §1)
  • Parking: No more than one additional parking space may be required for an ADU. No additional parking may be required if the ADU is located within 0.5 miles of a commuter rail, subway, ferry, or bus station.
  • Multiple ADUs: More than one ADU (per lot) in a single‑family district would require a special permit.
  • Administration: The Executive Office of Housing and Livable Communities may issue guidelines or promulgate regulations to administer these rules.

Who is affected

  • Homeowners in single‑family zoning districts (who want to add/lease ADUs)
  • Municipal planning and zoning boards (must revise local bylaws/practices)
  • Renters and potential ADU occupants
  • Transit‑proximate neighborhoods (parking exemption may encourage ADUs)
  • Developers, landlords, and investors (removal of owner‑occupancy requirement may change investment incentives)

Potential impacts and considerations

  • Likely to increase by‑right ADU creation and expand rental housing supply, which can support affordability.
  • Removing owner‑occupancy requirements expands eligibility for owners and investors, which could both increase available housing or raise concerns about speculative purchases and loss of neighborhood character—policy language attempts to frame ADUs as primarily secondary units for owners/families, but the statutory removal of owner‑occupancy may create implementation ambiguity.
  • Parking limits and transit proximity exemption are designed to reduce vehicle impacts and encourage transit‑oriented housing.
  • Gives state executive office authority to issue implementation guidance to standardize application.

Procedural / timeline notes (as reported)

  • Filed/added to docket: 01/14/2025 (House Docket No. 991)
  • Introduced/adopted (House): 02/18/2025 (per record)
  • Referred to Committee on Municipalities and Regional Government: 04/10/2025
  • Senate concurred: 04/14/2025 (duplicate entries present in record)
  • Hearing(s) scheduled/rescheduled for 07/29/2025 (multiple schedule updates; Gardner Auditorium and virtual option listed)

If you want, I can draft a one‑page plain‑language explainer for homeowners or a side‑by‑side comparison showing current law vs. proposed changes.

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

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