H 5487

HOUSE DOCKET, NO. 6207  FILED ON: 6/2/2026
 HOUSE . . . . . . . . . . . . . . . No. 5487
  The Commonwealth of Massachusetts
  _________________
  PRESENTED BY:
  Michelle L. Ciccolo
  _________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
   Court assembled:
   The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
 An Act to establish a surcharge on specific residential development activities for the purpose of
  funding the creation of community housing.
  _______________
  PETITION OF:
NAME:  DISTRICT/ADDRESS:  DATE ADDED:
Michelle L. Ciccolo  15th Middlesex  6/2/2026
Cindy F. Friedman  Fourth Middlesex  6/2/2026
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  HOUSE DOCKET, NO. 6207  FILED ON: 6/2/2026
 HOUSE . . . . . . . . . . . . . . . No. 5487
By Representative Ciccolo of Lexington, a petition (accompanied by bill, House, No. 5487) of
Michelle L. Ciccolo and Cindy F. Friedman (by vote of the town) that the town of Lexington be
authorized to establish a surcharge on certain residential development activities for the purpose
of funding the creation of community housing. Revenue. [Local Approval Received.]
  The Commonwealth of Massachusetts
  _______________
  In the One Hundred and Ninety-Fourth General Court
  (2025-2026)
  _______________
An Act to establish a surcharge on specific residential development activities for the purpose of
funding the creation of community housing.
  Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1SECTION 1: In order to mitigate the continued loss of moderate-income housing by the
2 demand for buildable parcels of land, a residential fee, hereafter referred to as "the residential
3 development community housing surcharge" or "the surcharge," shall be added by the town of
4 Lexington to all new single- and two-family residential construction building permits issued by
5 said town on parcels where an existing single- or two- family dwelling has been demolished to
6 create a single buildable lot or multiple buildable lots.
7SECTION 2: The select board of the town of Lexington shall determine the amount of
8 the surcharge, which shall be applied on a dollars-per-square-foot basis on the total gross floor
9 area of the structure or structures permitted by an applicable building permit. The surcharge shall
10 apply only to newly-constructed single-family and two-family structures larger than gross floor
11 area thresholds defined by the select board. The surcharge shall not apply to structures permitted
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12 for the creation of community housing, and to permits for reconstruction provided the new
13 structure has the same or less gross floor area. The select board shall adjust the rate of the
14 community housing surcharge annually for inflation.
15SECTION 3: The town manager of the town of Lexington or their designee shall prepare
16 a study at least every seven years, which may be conducted as part of other studies within town
17 of Lexington. The study shall determine the suitability, effect, and rate ranges of the surcharge,
18 and recommend to the select board any possible changes necessary to address changing demand
19 for community housing. The select board shall establish an initial surcharge rate, implement the
20 surcharge, and make the surcharge effective no later than eighteen (18) months from the
21 effective date of this act. The town manager or their designee shall also prepare and issue a
22 periodic report that identifies surcharge receipts and quantifies the attributes of community
23 housing projects funded by the community housing surcharge.
24SECTION 4: The select board of the town of Lexington may adopt additional
25 requirements, exemptions, and regulations to implement or enforce said community housing
26 surcharge, consistent with this act.
27SECTION 5: The building commissioner of the town of Lexington shall not issue a
28 certificate of occupancy for a building subject to this act before the surcharge required by this act
29 is paid. All surcharges received pursuant to this act shall be deposited into the Town of
30 Lexington Affordable Housing Trust Fund, in accordance with section 55C of chapter 44 of the
31 General Laws.
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32SECTION 6: For the purposes of this act, "community housing" shall mean as defined
33 under section 2 of chapter 44B of the General Laws, and “demolition” shall mean demolition of
34 more than 50% of the primary building's shell.
35SECTION 7: This act shall take effect upon its passage.
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