Mass. Gen. Laws c. 121B § 32G
Temporary absences from commonwealth; presumption of abandonment of residency and eligibility for assistance
Operative Text
Section 32G. A temporary absence from the commonwealth which exceeds 30 calendar days or 90 days in aggregate over the course of a calendar year shall create a rebuttable presumption that Massachusetts residency has been abandoned by a recipient of state or municipally-funded or subsidized housing and that the recipient is no longer eligible for such assistance pursuant to this chapter. The department shall promulgate regulations in accordance with this section, including, but not limited to, the process by which the 90 days shall be monitored.
Under Mass. Gen. Laws c. 121B § 32G, when a recipient of state or municipally-funded or subsidized housing is absent from Massachusetts for more than 30 consecutive calendar days, or more than 90 days in total over a calendar year, the law treats that absence as a rebuttable presumption that the person has abandoned Massachusetts residency and is no longer eligible for housing assistance. 'Rebuttable' means the recipient has an opportunity to present evidence showing the absence did not constitute a true abandonment of residency. The state housing department is required to issue regulations spelling out how absences are tracked and how the 90-day aggregate is monitored.
Plain English — not legal advice.
Operators of state or municipally-funded or subsidized housing covered by Mass. Gen. Laws c. 121B § 32G generally maintain systems to track tenant absences, since a single absence exceeding 30 days or cumulative absences exceeding 90 days in a calendar year can trigger a presumption of residency abandonment. Compliant operators typically follow the department's promulgated regulations regarding monitoring procedures and provide residents with clear notice of absence-reporting requirements. Documenting absence patterns and following the regulatory process helps ensure that eligibility determinations are made consistently and in accordance with the statute.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Mass. Gen. Laws c. 121B § 32G establishes that extended absences from Massachusetts—more than 30 consecutive days or 90 aggregate days in a year—can create a legal presumption that a subsidized or publicly funded housing recipient has abandoned their residency and eligibility. Importantly, this presumption is rebuttable, meaning a recipient generally has the right to present evidence explaining the nature of the absence and why it should not be treated as abandonment. Tenants who receive a notice related to this provision may wish to consult a tenant-rights organization or legal aid office to understand what documentation or arguments may be relevant to their situation.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 30, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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