The proposed bill introduces a new chapter, CHAPTER 24.8, titled "Home-Fit Dwelling Units," to Title 45 of the General Laws concerning towns and cities. This chapter establishes definitions and requirements for new housing developments that qualify as "covered dwelling units," defined as any new housing development with four or more units permitted on or after July 1, 2027, that receives state financial assistance or is developed on land owned by or conveyed from the state or a quasi-state entity.
The bill mandates that at least 10% of these covered dwelling units must adhere to Type A accessibility standards, while an additional 25% must follow Type B standards, ensuring that the units are designed to be accessible for individuals with physical disabilities. Complying units may be identified as Home-Fit dwelling units, and no changes are required for units permitted before the effective date.
Sellers of covered dwelling units are required to provide written disclosure at the time of first conveyance indicating whether the unit complies with Type A or Type B design provisions. A waiver from compliance may be granted by a municipal building official only upon a written finding that compliance is technically infeasible due to site conditions, structural constraints, or topographical limitations, and not solely due to increased cost or reduced profitability.
The executive office of housing, in partnership with the state building code commission and municipalities, is tasked with developing criteria for waivers and appeals related to the Type A and B requirements. A draft of these criteria must be posted for a 30-day public comment period by November 1, 2027, and must be completed by December 31, 2028, with implementation effective July 1, 2029. Local permitting authorities are prohibited from issuing building permits for any covered units that do not comply with the applicable standards after the effective date unless a waiver has been received.
Municipalities are required to submit data to the executive office of housing annually, starting July 1, 2028, including the number of building permits and certificates of occupancy issued that included Type A and Type B standards, as well as the number of waivers granted and the reasons for those waivers. The executive office of housing will submit an annual report to the general assembly based on this data, commencing October 1, 2028. The building code commission will also report annually on the number of appeals related to Type A and Type B units and their outcomes.
The act will take effect upon passage for purposes of rulemaking and implementation and shall apply to covered dwelling units permitted on or after July 1, 2027.