Vote Language:That Town Meeting does and hereby resolves as follows:
WHEREAS, the Town of Arlington is committed to protecting homeowners, particularly seniors, low- and moderate-income households, from the disproportionate loss of equity due to unpaid property taxes; and
WHEREAS, in Tyler v. Hennepin County, 598 U.S. 631 (2023), the U.S. Supreme Court ruled that governments may not retain surplus equity from tax foreclosures beyond the amount owed, establishing such action as an unconstitutional taking under the Fifth Amendment; and
WHEREAS, Massachusetts General Laws Chapter 60, Section 64A, as recently amended, codifies this principle by requiring that municipalities return excess proceeds from tax lien foreclosures to the original property owner; and
WHEREAS, the sale of tax liens to private debt buyers has historically led to reduced oversight and increased risk of inequitable outcomes, including the loss of significant home equity for small tax debts; and
WHEREAS, the Boston Bar Association has recommended additional reforms, including more flexible payment plans for vulnerable populations, improved notice requirements to homeowners and tenants, elimination of arrest for tax delinquency, and debt collector licensing for third-party purchasers; and
WHEREAS, the state’s Housing Equity Theft Commission is expected to release final policy and legislative recommendations by December 31, 2025, but municipalities retain authority to adopt interim protections;
NOW, THEREFORE, BE IT RESOLVED that the Town of Arlington:
1. Discourages the sale, transfer, or assignment of residential property tax liens to private third-party entities or individuals;
2. Affirms that all tax enforcement activities shall remain under municipal control and adhere to the principles of fairness, transparency, and homeowner equity preservation;
3. Encourages that enforcement procedures include:
- Reasonable and accessible repayment plans, particularly for elderly and low-income residents;
- Clear, plain-language notices to homeowners and, when applicable, tenants and the Council on Aging;
- Prohibition of arrest or incarceration as a consequence of tax delinquency;
- Licensing requirements for any third parties involved in tax collection, if ever permitted;
4. Commits to reviewing and incorporating recommendations from the Housing Equity Theft Commission upon their release;
5. Requests that the Select Board, in coordination with the Board of Assessors, monitor state-level developments and propose additional local actions as needed to ensure compliance and strengthen homeowner protections.