What is the law?
The Seasonal Communities designation was created as part of the Affordable Homes Act, signed into law by Governor Maura Healey on Aug. 6, 2024. The historic legislation authorizes $5.16 billion in spending over the next five years along with nearly 50 policy initiatives to counter rising housing costs caused by high demand and limited supply. The Seasonal Communities designation is designed to recognize Massachusetts communities that experience substantial variation in seasonal employment and to create distinctive tools to address their unique housing needs. The law also established a Seasonal Communities Advisory Council.
Seasonal Communities Guidance
The Affordable Homes Act requires that EOHLC promulgate guidance on the Seasonal Communities Law by December 15, 2024. EOHLC has developed guidance to Seasonal Communities, and we may issue further guidance or regulations as we continue to implement the Seasonal Communities Law.
How does a community become a Seasonal Community?
In order to receive a Seasonal Communities designation, a community must meet the criteria outlined in the law. The Affordable Homes Act lists several communities that will receive the Seasonal Communities designation automatically. These communities include:
- All municipalities in the counties of Dukes and Nantucket;
- All municipalities with over 35% seasonal housing units in Barnstable county; and
- All municipalities with more than 40% seasonal housing units in Berkshire county.
EOHLC's methods for determining which municipalities meet these criteria are described on this page: Legislatively Designated Seasonal Communities.
The law also lists criteria for EOHLC to consider in order to designate additional communities as seasonal. These criteria include:
- High rates of short-term rentals in relation to the overall housing inventory;
- Significant population increases in seasonal visitors;
- Excessive disparities between the area median income and the income required to purchase the municipality’s median home price;
- Percentage of housing stock that is used for seasonal, occasional or recreational use or is otherwise not used as a primary residence by the property’s owner; and
- High variations in the average monthly variation of employment in the sector over the full year, in relation to the municipality’s minimum employment threshold.
The Executive Office of Housing and Livable Communities will work with the Seasonal Communities Advisory Council to develop guidance or regulations on how to designate additional communities as seasonal communities.
Designated Seasonal Communities
What can a Seasonal Community do?
Based on the language of the Affordable Homes Act, some of the tools seasonal communities have include:
- Acquire year-round housing occupancy restrictions
- Develop housing with a preference for municipal workers, so that our public safety personnel, teachers and DPW and town hall workers have a place to live
- Establish a Year-Round Housing Trust Fund to create and preserve affordable and attainable housing for year-round residents
- Create year-round housing for artists
- Allow seasonal communities to develop a comprehensive housing needs assessment
- Allow tiny homes to be built by-right and used as year-round housing
- Increase the property tax exemption for homes that are the owners’ primary residence
EOHLC is working on guidance so that seasonal communities can begin using these tools.
Seasonal Communities Advisory Council
The Seasonal Communities Advisory Council is tasked with providing advice and recommendations to EOHLC regarding policies and programs necessary to serve the distinct needs of Seasonal Communities. The Advisory Council consists of cross-sector representatives from communities on the Cape, Islands and the Berkshires.
Seasonal Communities Advisory Council Membership
* = yet to be sworn in
Bylaws
Meeting Notices:
- Seasonal Communities Advisory Council Meeting Notice & Agenda (March 12, 2025)
- Seasonal Communities Advisory Council Meeting Notice & Agenda (December 12, 2024)