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H 4021

Travis E. Overton - sympathy

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

Amends MA zoning: ties ADU limits to a 10% affordable-housing threshold and lets towns decide ADU owner-occupancy and parking rules.

Introduced, adopted, returned with concurrence
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WeVote Research Nonpartisan
Bill Summary · H 4021

Summary — H.4021 (House No. 4021): An Act relative to municipal housing requirements

Status: Introduced (House), referred to Committee on Municipalities and Regional Government (4/10/2025); Senate concurred 4/14/2025; hearings scheduled 7/29/2025. Filed as House Docket No. 1577. Principal sponsor: Rep. Angelo J. Puppolo, Jr.; additional petitioners listed.

Purpose / Intent

The bill amends Massachusetts General Laws to (1) condition an existing prohibition in chapter 40A, §3 on a municipality’s level of low- or moderate-income housing and (2) expressly give municipalities discretion over certain rules for accessory dwelling units (ADUs), specifically owner-occupancy requirements and additional parking requirements. The underlying intent is to calibrate statewide ADU/zoning restrictions to local affordable-housing levels and to increase local control on ADU implementation details.

Key provisions

  • Amends the first sentence of the fifth paragraph of G.L. c.40A, §3 (as appearing in the 2024 amendment) by inserting a conditional phrase so the existing prohibition applies only “in a municipality in which low or moderate income housing, as defined in section 20 of chapter 40B, does not exceed 10 per cent of the housing units reported in the last federal decennial census of the city or town.” (Establishes a 10% affordable-housing threshold tied to the last federal decennial census.)
  • Replaces the second sentence of that same paragraph with two new sentences that:
    • Allow a municipality to decide whether owner-occupancy is required for either the accessory dwelling unit or the principal dwelling when permitting ADUs.
    • Allow a municipality to decide how many additional parking spaces, if any, it will require for an ADU.

Who is affected

  • Municipal governments: gain explicit authority to set (a) ADU owner-occupancy rules and (b) ADU parking requirements, and are affected by the 10% affordable-housing threshold for applying the cited prohibition.
  • Homeowners and ADU applicants: their ability to create ADUs and the conditions (owner-occupancy and parking) will depend more on local bylaw/ordinance choices.
  • Housing providers, developers, and tenants: potential impacts on local housing supply and availability of rental units, especially in municipalities below or above the 10% threshold.
  • Housing advocates and state/local planners: may see changes in how ADUs are used to address local housing needs.

Procedural / timeline notes

  • Introduced and filed as House Docket No. 1577; sponsor and co-petitioners added between 1/15/2025 and 4/29/2025.
  • Referred to the Committee on Municipalities and Regional Government on 4/10/2025.
  • Senate concurrence recorded 4/14/2025.
  • Committee hearing(s) scheduled for 07/29/2025 (multiple scheduling updates show virtual/hearing end-time adjustments).

Potential impact / considerations

  • By tying the applicability of the prohibition to a 10% threshold of low- or moderate-income housing, the bill targets areas with relatively low affordable-housing stocks for continued application of the restriction (or vice versa, depending on the original prohibition’s effect).
  • Granting municipalities explicit discretion over owner-occupancy and parking can either ease or tighten ADU deployment depending on local choices; this increases local control but may lead to variability across municipalities, affecting regional housing strategies.
  • The use of the last federal decennial census as the metric ties assessments to 10-year data points, which can lag current housing conditions.

Related bill: HD 1577 (listed as replaced).

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

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