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Rep. Scanlon proposes local option vacancy tax for underused malls to encourage reuse or conversion

July 15, 2025 | 2025 Legislature MA, Massachusetts


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Rep. Scanlon proposes local option vacancy tax for underused malls to encourage reuse or conversion
Representative Scanlon asked the Joint Committee on Revenue to consider H.3240, a local‑option bill that would allow municipalities to levy a vacancy tax on shopping malls that are persistently underfilled.

Scanlon described his experience with the Emerald Square Mall in North Attleborough, where long‑term vacancy (peaks of roughly 65% vacancy) and deferred maintenance have led to safety incidents and repeated temporary closures, while the town is grappling with housing affordability (he cited a local median sale price of about $800,000). He proposed a narrow local option: where a mall is more than 33% vacant for nine consecutive months and the owner has made no reasonable efforts to convert or fill the space, a municipality could levy a vacancy tax as one tool to prompt reinvestment or enable another owner to step in.

Scanlon emphasized the bill is voluntary — it grants a municipal tool rather than imposing a statewide mandate — and said municipalities should be able to pair the tax with zoning changes and redevelopment strategies. He noted that other jurisdictions have converted malls to mixed‑use projects and that Rhode Island has experience converting older downtown spaces.

Committee members asked whether the bill required prior zoning or conversion plans and about constitutional uniformity under recent state court decisions; Scanlon and staff said the measure is narrowly drawn as a local option and designed to withstand constitutional scrutiny.

No legislated vacancy tax action was taken at the hearing.

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Scribe from Workplace AI
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