Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H3734

Introduced
4/6/23  

Caption

Establishing a real estate transfer fee upon the transfer of property in the city known as the town of Amherst

Impact

The implementation of this bill will notably affect state and local laws concerning real estate transactions by allowing Amherst to impose a fee that funds both the town’s general fund and the Amherst Municipal Affordable Housing Trust Fund. The legislation specifies the allocation of funds raised, mandating that the first $250,000 collected each fiscal year supports affordable housing initiatives. This could enhance local efforts to tackle housing shortages or support community projects, thus potentially stabilizing or increasing housing availability in the region.

Summary

House Bill H3734 proposes the establishment of a real estate transfer fee in the town of Amherst, set at a maximum of 2% of the purchase price upon the transfer of property interests. The bill has been put forth by legislators Mindy Domb and Joanne M. Comerford as a means for the town to generate additional revenue through property transactions. The fee would apply to both direct property transfers and transfers of interests in entities that own residential properties in Amherst, reinforcing local control over real estate transactions in the area.

Contention

There may be points of contention regarding the specific exemptions permitted within the bill. Transfers that fall under certain conditions, such as those between family members or minimal-value transactions, are exempt from the fee. Debates may arise over what constitutes a controlling interest and the challenges in proving exemptions, which could lead to concerns about implementation and compliance among local residents. Additionally, the bill does not allow Amherst to reduce or eliminate the specified exemptions, raising questions about local governance and flexibility in addressing future community needs.

Companion Bills

MA H3804

Similar To Establishing the Martha’s Vineyard housing bank

MA H3845

Similar To Authorizing the city of Somerville to impose a real estate transfer fee

MA H4063

Similar To Authorizing the city of Cambridge to impose a real estate transfer fee

MA H4827

Similar To Establishing a real estate transfer fee upon the transfer of residential property in the Town of Falmouth for the purpose of funding affordable housing

MA S2949

Similar To Authorizing the town of Nantucket to impose a real estate transfer fee for affordable and workforce housing and related capital improvements

MA H5045

Replaced by Study Order

Previously Filed As

MA H4193

Establishing a real estate transfer fee upon the transfer of property in the city known as the town of Amherst

MA H4189

Relative to the implementation of elements of the charter for the city known as the town of Amherst

MA H3043

Establishing a real estate transfer fee upon the transfer of property in the town of Concord

MA H4190

Authorizing extending local voting rights for lawful permanent residents residing in the city known as the town of Amherst

MA H4574

Establishing a real estate transfer fee upon the transfer of property in the town of Arlington

MA H3931

Establishing a real estate transfer fee upon the transfer of residential property in the Town of Falmouth for the purpose of funding affordable housing

MA H4300

Establishing a real property transfer fee in the town of Chatham

MA H4350

Authorizing the town of Brookline to levy a real estate transfer fee on certain real property transfers

MA AB1168

Department of Transportation: transferred property: City of Lynwood.

MA H3480

Transferring the Massachusetts Community Climate Bank to the Massachusetts Clean Energy Technology Center

Similar Bills

NJ S1461

Modifies collective Statewide transfer agreement and reverse transfer agreement; establishes New Jersey Transfer Ombudsperson within Office of Secretary of Higher Education.

NJ A1315

Modifies collective statewide transfer agreement and reverse transfer agreement; establishes New Jersey Transfer Ombudsperson within Office of Secretary of Higher Education.

TX SB1559

Relating to conflicts between a protective order and certain other orders and to the transfer of a protective order.

DE HB147

An Act To Amend Title 12, Title 18, Title 25, And Title 30 Of The Delaware Code Relating To The Uniform Real Property Transfer On Death Act.

NV AB62

Revises provisions relating to transferable tax credits for affordable housing. (BDR 32-437)

VA HB1871

Transfer on death deeds; inter vivos deed conveying real property to another.

MS SB2344

Youth court; revise transfer to circuit court.

MS SB2226

Youth court; revise transfer to circuit court.