The 2024 Massachusetts Affordable Homes Act prohibits cities from requiring owner occupancy as a condition of building or renting an ADU. Boston previously required owner occupancy under its ADU pilot but state preemption has removed this requirement for by-right ADUs under 900 sq ft. Owner-occupancy mandates are no longer enforceable on single-family lots.
Under the Massachusetts Affordable Homes Act of 2024, codified at G.L. c. 40A § 3A, municipalities are prohibited from requiring that the property owner reside in either the principal dwelling or the ADU as a condition of constructing or renting the unit. This represents a significant change from Boston's prior ADU pilot program (2017-2024), which required the property owner to occupy either the main house or the ADU. The state law now allows non-owner-occupied ADUs on single-family lots, opening ADU construction to investor-owners and out-of-town property owners. Owner-occupancy can still be required for ADUs that exceed the 900 sq ft by-right threshold or that seek a zoning variance. Boston's ISD no longer enforces owner-occupancy as a condition of ADU permits issued under the state by-right pathway.
Cities or HOAs attempting to enforce owner-occupancy requirements on by-right ADUs may be challenged under the Affordable Homes Act. Owners do not face enforcement for renting both the main house and ADU to separate tenants under the state by-right standard.
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See how Boston's adu owner occupancy rules stack up against other locations.
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