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The Pros And Cons Of The Massachusetts Association Of Realtors

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On behalf of over 24,000 members, the Massachusetts Association of Realtors® (MAR) hereby express our strong opposition to S.1839 An Act relative to home energy efficiency. As outlined in greater detail below, this bill would disrupt the real estate marketplace by complicating and delaying home sales, negatively impacting those who do not have the resources to invest in energy efficiency, and would replace a successful program with a state mandate that would punish many homeowners in the Commonwealth. Protecting our environment and promoting energy efficiency is a priority of Realtors® in Massachusetts. Our Association supports policies and programs aimed at encouraging homeowners to make energy efficiency improvements to their home. We …show more content…

The program is working, audits are happening, and legislation is not needed to force home sellers to conduct an audit. Instead of requiring more audits, the Commonwealth should focus on ways to incentivize those who have already had an audit to invest in the energy efficiency of their home. • Private property rights and Constitutional issues: The concept of a government agent inspecting and then labeling or scoring people’s homes is an infringement on private property rights. The energy audit provisions would require homeowners to allow third-party entry into their homes for the purpose of conducting the audit. Because it would require third-party entry, the home energy audit mandate raises serious privacy concerns under the Fourth Amendment to the U.S. Constitution. It is noteworthy that in Massachusetts, mandatory inspection of a home at the time of sale or transfer arises in only two contexts: (1) inspection of a property with a septic system for compliance with Title 5; and (2) inspection for compliance with the smoke detector and carbon monoxide alarm requirements of G.L. c. 148, § 26F. In each of these cases, the inspection is justified by public health and safety interests of that dwelling. By contrast, the inspection of a home for energy efficiency measures would be conducted in the hopes of achieving a governmental goal, not protecting the health or safety of the occupants of that particular dwelling. • Stigmatizing property: Massachusetts has

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