The 2024 Massachusetts Affordable Homes Act expressly prohibits cities including Worcester from requiring owner occupancy as a condition of constructing or renting an ADU. Owner-occupancy mandates are no longer enforceable for by-right ADUs of 900 sq ft or less on single-family lots, regardless of any prior local rule.
Under the Massachusetts Affordable Homes Act of 2024, codified at G.L. c. 40A § 3A, municipalities are explicitly 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 statewide preemption applies to all 351 Massachusetts cities and towns, including Worcester. Worcester's Department of Inspectional Services cannot impose owner-occupancy as a condition of ADU permits issued under the state by-right pathway. Investor-owners and out-of-town property owners may now build, sell, and rent ADUs on Worcester single-family lots. Owner-occupancy could still be required for ADUs that exceed the 900 sq ft by-right threshold or that seek a discretionary special permit or variance under the local zoning ordinance, but not for conforming by-right units.
Any attempt by Worcester or by an HOA to enforce owner-occupancy requirements on by-right ADUs may be challenged under the Affordable Homes Act through EOHLC. Owners do not face city enforcement for renting both the main house and ADU to separate tenants under the state by-right standard.
Worcester, MA
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See how Worcester's adu owner occupancy rules stack up against other locations.
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