On Oct. 22 the Programs and Services Committee voted 5–0 to forward a mayoral home‑rule petition asking the state Legislature to authorize Newton to place liens on real property for unpaid municipal charges, fees or fines.
Mr. Lee of the law department explained the proposed legislation would allow the city council, through ordinance, to specify which unpaid charges can be recorded as a lien on a property; the petition would not automatically make all fines lienable. “Under the proposed special legislation, the city council, through ordinance amendment in conjunction with the mayor would actually have to specify exactly which charges, which fees, and which fines can be lien,” Lee said. He noted the authority would create another noncriminal enforcement tool that can be recorded at the registry of deeds and, if unpaid, committed to the tax bill.
Lee described current collection methods: noncriminal disposition (civil ticketing) with an appeals process, and, where unpaid, a criminal complaint in district court — a pathway he said is costly and not always effective at recovering amounts. He said liens would add a more effective administrative enforcement option in appropriate cases, with recorded claims that can affect financing and property transfers.
Counselors discussed limits and practicalities. Counselor Julia Malachy asked about priority of claims; Lee and counselors noted that tax liens and federal/state claims may have priority over municipal liens. Counselors also discussed whether liens would be used only for property owners within Newton (yes) and how the treasurer’s foreclosure process would interact with any lien.
Lee said only a small number of Massachusetts municipalities have similar lien authority: Somerville (1994) and Watertown (2024). The committee approved forwarding the mayor’s petition to the Legislature by voice vote; Chair Vice Chair Humphrey recorded the committee vote as 5–0.
Lee estimated the state process for a special‑legislation home‑rule petition typically takes about eight to 10 months from filing to final action, depending on committee schedules and floor action in the Legislature.
The committee did not attach conditions to its vote; if the Legislature approves the petition, the City Council would need to adopt ordinance language specifying which charges, fees or fines are lienable and the mechanics for recording and collecting such liens.