Cities and towns could limit rent increases and require eviction reasons

Cities and towns could accept the chapter as a whole and adopt limits on yearly rent increases. The limits would cover nonexempt rental homes in Massachusetts cities and towns that accept the chapter. Yearly rent increases could not exceed the local inflation rate, measured by the Consumer Price Index, or 5%, whichever is lower. Exempt homes would include owner-occupied buildings with four or fewer units, homes whose rents a public authority regulates, college dormitories with shared sleeping rooms, and residential elder-care facilities. A tenant’s portable housing voucher alone would not exempt a home. Homes first approved for residential occupancy on or after January 1, 2021, would be exempt for five years from that approval. The starting rent would be the rent charged 12 months before adoption, or the last rent charged for a vacant home. For nonexempt homes with no previous rent or no rent charged during the previous five years, the owner’s first charge would set the starting rent. Local acceptance would take effect no later than 180 days after adoption. The city or town would have to adopt an ordinance or bylaw carrying out the chapter no later than 180 days after acceptance.

Landlords would need an allowed reason to evict a tenant or refuse to renew a lease. This requirement would cover nonexempt rental homes in cities and towns that accept the chapter. Allowed reasons would include unpaid rent, refusal of a permitted rent increase, serious lease violations, criminal activity or behavior threatening others’ health and safety, a public nuisance, and substantial damage. Owners could also seek to use the home as their main residence, demolish it, change it to nonresidential use, or convert it to a condominium or cooperative. Owners seeking those conversions would have to show compliance with applicable conversion rules.

Tenants could seek compensation for violations, and the attorney general could enforce the rules. Cities and towns accepting the chapter would report on its use. Enforcement would address violations in cities and towns accepting the chapter. Landlords of exempt homes would have to give tenants written exemption notices. For a proven rent-limit or starting-rent violation, a tenant or former tenant would receive actual damages or three times the rent amount, whichever is greater, plus attorney fees. If a landlord filed an eviction case or asked a tenant to leave for an unlisted reason, the tenant would regain possession and receive three times the rent amount, actual damages, and attorney fees. The attorney general could seek repayment, civil penalties, and court orders stopping violations. Cities and towns would report annually to the state housing office on their local rules, supporting studies, affected homes, and other requested data. Exemption notices would accompany leases for all tenancies. Without a written lease, tenants would receive notice before the landlord accepts the first rent payment.