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2016 Gov’T Affairs Report GREATER BOSTON 2016 REAL ESTATE BOARD

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2016 Gov’T Affairs Report GREATER BOSTON 2016 REAL ESTATE BOARD GREATER BOSTON REAL ESTATE BOARD 2016 Gov’t Affairs Report GREATER BOSTON 2016 REAL ESTATE BOARD GOVERNMENT AFFAIRS REPORT 1 2016 Gov’t Affairs Report GBREB is one association powering five divisions of over 11,000 members in Greater Boston. A DIVISION OF THE GREATER BOSTON REAL ESTATE BOARD 400 Members of commercial brokerage community. CBA is the largest organization of commercial brokers in Mass, including leasing and sales professionals. Established as a division of GBREB in 2000. 550 members in the business of commercial real estate finance. REFA includes lending institutions and law firms. Established as a division of GBREB in 1988. Founded in 1889 GBREB is the oldest Real Estate trade association in America. GBREB is one organization powering five divisions that provide education, networking, advocacy and philanthropy. GBREB members specialize in the development, management, and transactional aspects of real estate projects, both residential and commercial. GBREB is 650 members who ownand manage all affiliated with MAR, NAR, NAA, NMHC and BOMA commerial property types including International. thousands of square feetof space in Greater Boston 500 members who own and manage multi-family properties including the largest developers of rental properties in the nation. RHA includes owners & managers of more than 110,000 rental units statewide. Established as a division of GBREB in 1953 9,000 members of residential brokerage community. GBAR is the largest local board of the Massachusetts Association of REALTORS® and in New England GBREB is affiliated with 5 organizations engaged in policymaking at the local, state and national level. Boston, MA Greater Boston Real Estate Board Massachusetts Association of Realtors® Washington, D.C. BOMA Internaltional National Apartment Association National Multihousing Council National Association of Realtors® 2 2016 Gov’t Affairs Report GBREB is one association powering five divisions of over 11,000 members in Greater Boston. ADVOCACY 2015-2016 GBREB Government Affairs Report At the conclusion of the two year legislative cycle many of the bills threatening the real estate industry were defeated or not taken up before time expired. While GBREB secured several notable victories, it is likely many of the same issues will return in January of 2017. During every two-year cycle, GBREB files new legislation and reconsiders bills that were not taken up before time expired. This session GBREB and MAR collaborated to file eight new bills focused on economic development and housing production. 3 2016 Gov’t Affairs Report 2015-2016 GBREB Legislation 4 2016 Gov’t Affairs Report S.119, An Act Improving and address the duties of landlords and tenants. Housing Opportunities and the The duty to exterminate bedbugs will remain a Massachusetts Economy responsibility of the landlord, as it is in current Bill Sponsor: Senator Michael state law, however the bill would require cooper- Rodrigues (D-Westport) ation by the tenant. It is hoped this measure will The HOME Bill includes eighteen separate give the landlord and the exterminator a reason- sections designed to encourage smart growth able chance at success, eradicating the problem. development and housing affordability, stream- line approval and review procedures, establish commonsense permitting reforms for business H.664 An Act Relative to Local and landowners, and encourage uniform wet- On-Site Sewage Disposal Systems lands and sewage disposal system regulations Bill Sponsor: Representative across the state. S119 is designed encourage Robert Fennell (D-Lynn) growth throughout the Commonwealth by taking H644 restores greater uniformity across several steps to address barriers to housing Massachusetts by establishing a DEP review and production and economic development. approval process of local sewage disposal systems regulations to ensure they are scientifically-based restrictions, necessary to protect unusual local S.1079, An Act to Allow resources and do not conflict with Title V. 2015-2016 GBREB Legislation Simple Majority Voting Bill Sponsor: Senator Jennifer Flanagan (D-Leominster) H.665 An Act Providing for S.1079 seeks to streamline the approval and More Efficient Wetlands review procedures for development by replacing Bill Sponsor: Representative the supermajority vote requirements with a Robert Fennell (D-Lynn) “majority of the members then in office” standard. H665 would restore uniformity across It would also establish that the granting of a Massachusetts by prohibiting local wet- variance or the reversal of any order or decision of lands requirements unless: (a) the local any administrative official would require a major- regulations are more restrictive ity vote of the members of the board then in office. than those established by state law; and (b) DEP approves the local regulations upon a finding that they are scientifically-based restric- S.1166, An Act Relative to tions, are necessary to protect unusual local Cimex Lectularius resources, and do not conflict with the State Bill Sponsor: Senator Wetlands Protection Act and DEP regulations. John Keenan (D-Quincy) GBREB once again filed legislation to help prop- erty owners mitigate bedbugs. The bill is designed H.665 An Act Providing for to increase public awareness and encourage early More Efficient Wetlands notification and cooperation between residents Bill Sponsor: Representative and owners. The legislation would require the Robert Fennell (D-Lynn) state Department of Public Health to create a H665 would restore uniformity across pamphlet explaining how to identify bed bugs, Massachusetts by prohibiting local wetlands outline preventative measures to avoid infestation, requirements unless: (a) the local regulations are 5 2016 Gov’t Affairs Report more restrictive than those established by state amount established by the court that is sufficient law; and (b) DEP approves the local regulations to cover twice the estimated annual carrying upon a finding that they are scientifically-based costs of the property owner, plus an amount restrictions, are necessary to protect unusual sufficient to cover the defendant’s attorney’s fees. local resources, and do not conflict with the State Wetlands Protection Act and DEP regulations. H.1088 & H.1096, An Act Relative to Capital Relief in a Counterclaim H.1107, An Act to Expedite Bill Sponsors: Representatives Multifamily Housing Construction Edward Coppinger (D-West Roxbury) Bill Sponsor: Representative , Robert Fennell (D-Lynn) Kevin Honan (D-Brighton) Under current state law a residential tenant may H.1107 seeks to expedite multifamily construction withhold rent that is due by filing a counterclaim in three ways. First, by requiring that cities and in certain summary process actions alleging towns permit multifamily development by right on violations of the state sanitary code. Such cases at least 1.5% of the community’s developable land can be costly and time consuming. GBREB’s rent area that is suitable for multifamily residential. escrow legislation simply requires the tenant to The bill would also establish a minimum density prove that unpaid rent is being maintained in of 20 units per acre for by right multifamily devel- a bank account. In addition, the bill allows but opment. Second, by requiring that cluster devel- does not require that the court may order those opment be allowed by right in residential zoning funds to be maintained pending the conclusion districts, at the density permitted in the underlying of the case. The bill seeks to strike a balance zoning district. The bill also prohibits cities and to ensure equity and fairness to all parties. towns from requiring a “proof permit” plan in connection with a cluster development applica- tion. Third, by allowing the construction of in-law H.1847 & S.1102, An Act to Support apartments by requiring they be permitted by right the Equitable Utilization of Third Party in all single-family residential zoning districts. It Consultants in Land Use Determinations also prohibits zoning ordinances and by-laws from Bill Sponsors: Representative Bradley unreasonably regulating the location, dimensions, Jones (R-North Reading), Senator or design of an in-law apartment on a lot. Michael Rush (D-West Roxbury) These bills would require a list of certified con- sultants with expertise in one or more fields in H.1342, An Act to Streamline the Judicial which the municipal permitting boards reasonably Review of Local Land Use Decisions expect to need consultant services in reviewing Bill Sponsor: Representative applications be established. It would require Thomas Golden (D-Lowell) that the list of certified consultants contain The proposed legislation would require that not less than three consultants in each field. judicial review of any decision of a zoning board of appeals or any special permit granting author- ity be limited to a review of the record created H. 2857, An Act Relative to before that body. Also, similar to the bonding Energy Efficiency Education requirement used in MGL chapter 40R, this bill Bill Sponsor: Representative would require a non-municipal plaintiff seeking to Tacky Chan (D-Quincy) reverse approval of a project to post a bond in an GBREB re-introduced legislation to targets 6 2016 Gov’t Affairs Report the needs of the commercial building sector by providing the education and training, includ- ing analytical tools, for those who are directly responsible for a building’s operations. The bill attempts to capture a portion of the existing energy efficiency funds for education and training focused to include some very specific and important topics, such as best energy use, efficiency practices, use of new technologies, use of metering, tracking, monitoring energy use, and economic analysis to sup- port reduced energy use – all in the context of learning to save energy in an economical and cost effective way. 7 2016 Gov’t Affairs Report state issues Thousands of bills are filed at the State House every two years including appropriation bills and large omnibus bills containing policy changes in outside sections. GBREB tracks and testifies on hundreds of them, responding to issues of importance to the real estate industry and they advance through the legislative process.
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