Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1307 Compare Versions

Only one version of the bill is available at this time.

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2	2	HOUSE DOCKET, NO. 3864 FILED ON: 1/20/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1307
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Manny Cruz and Shirley B. Arriaga
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act creating the Massachusetts healthy homes program.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Manny Cruz7th Essex1/20/2023Shirley B. Arriaga8th Hampden1/20/2023David Henry Argosky LeBoeuf17th Worcester1/31/2023Lindsay N. Sabadosa1st Hampshire1/31/2023Patricia A. Duffy5th Hampden2/6/2023Jacob R. OliveiraHampden, Hampshire and Worcester2/6/2023Joanne M. ComerfordHampshire, Franklin and Worcester2/14/2023Mindy Domb3rd Hampshire2/22/2023James B. EldridgeMiddlesex and Worcester2/22/2023Natalie M. Blais1st Franklin2/27/2023Samantha Montaño15th Suffolk2/28/2023Natalie M. Higgins4th Worcester3/6/2023Michael J. Finn6th Hampden3/6/2023Gerard J. Cassidy9th Plymouth3/6/2023Jason M. LewisFifth Middlesex3/7/2023Patrick M. O'ConnorFirst Plymouth and Norfolk3/7/2023John J. CroninWorcester and Middlesex3/9/2023Rodney M. Elliott16th Middlesex3/14/2023 2 of 2
16	16	Bruce J. Ayers1st Norfolk3/14/2023Michael D. BradySecond Plymouth and Norfolk3/14/2023Russell E. Holmes6th Suffolk3/14/2023Michael P. Kushmerek3rd Worcester3/14/2023 1 of 5
17	17	HOUSE DOCKET, NO. 3864 FILED ON: 1/20/2023
18	18	HOUSE . . . . . . . . . . . . . . . No. 1307
19	19	By Representatives Cruz of Salem and Arriaga of Chicopee, a petition (accompanied by bill,
20	20	House, No. 1307) of Manny Cruz, Shirley B. Arriaga and others that the Department of Housing
21	21	and Community Development establish programs that create a healthier environment for certain
22	22	residents. Housing.
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Third General Court
26	26	(2023-2024)
27	27	_______________
28	28	An Act creating the Massachusetts healthy homes program.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1: Notwithstanding any general or special law or any rule or regulation to the
32	32	2contrary, chapter 23B of the General Laws is hereby amended by inserting after section 30 the
33	33	3following new section:-
34	34	4 Section 31(a). As used in this section, the following words shall have the following
35	35	5meanings unless the context clearly requires otherwise:-
36	36	6 “Eligible Applicant”, an owner of residential property in Massachusetts who, in the sole
37	37	7determination of the department, (1) is (a) an owner-occupant, (b) small landlord, or (c) larger
38	38	8landlord; (2) meets any income eligibility and other requirements of the program; and (3) owns a
39	39	9property with habitability concerns.
40	40	10 “Existing Home Repair Programs”, financial assistance administered by governmental,
41	41	11quasi-governmental, and nonprofit organizations, or the contractors and assignees of such 2 of 5
42	42	12entities, that provide services to repair residential housing, including mixed-use projects that
43	43	13include residential housing.
44	44	14 “Habitability Concerns”, home repairs that are required to ensure residential units are (1)
45	45	15fit for human habitation; (2) free from defective conditions and health and safety hazards,
46	46	16including, but not limited to, asbestos, mold, pests, and lead; and (3) free of conditions
47	47	17preventing installation of measures to improve energy or water efficiency, utilize renewable
48	48	18energy, or lower utility costs.
49	49	19 “Owner-Occupant”, an individual who has title to a one-to-three unit residential building
50	50	20who resides in at least one of the units as the principal residence of the individual.
51	51	21 “Low-Income Owner-Occupant”, an Owner-Occupant with a household income of no
52	52	22more than eighty percent of area median income.
53	53	23 “Moderate-Income Owner-Occupant”, an Owner-Occupant with a household income of
54	54	24at least eighty percent of area median income but no more than one hundred thirty five percent of
55	55	25area median income.
56	56	26 “Other Eligible Owner-Occupant”, an Owner-Occupant who (1) meets the definition of
57	57	27neither a low-income owner-occupant nor a moderate-income owner-occupant; and (2) leases at
58	58	28least one other residential unit in the building.
59	59	29 “Small Landlord”, an individual who has title to a building (1) with more than three
60	60	30residential units or (2) but does not live in that building for at least six months of any year; and
61	61	31(3) has financial interest in neither more than three buildings nor more than fifteen residential
62	62	32units. 3 of 5
63	63	33 “Larger Landlord”, an individual who has title to more than one residential unit who
64	64	34meets the definition of neither an owner-occupant nor a small landlord.
65	65	35 Section 31(b). The department shall make reasonable efforts to coordinate with other
66	66	36governmental, quasi-governmental, and nonprofit organizations administering programs that
67	67	37create a healthier environment for residents by means including, but not limited to, rehabilitating
68	68	38existing housing or making homes lead-safe. The department may contract with other
69	69	39governmental, quasi-governmental, and nonprofit organizations to administer one or more of
70	70	40these programs on its behalf.
71	71	41 Section 31(c). The department shall establish the Massachusetts healthy homes program
72	72	42fund, which may receive funds from governmental, quasi-governmental, nonprofit organizations,
73	73	43for-profit organizations and individuals, provided that any funds received from private
74	74	44organizations and individuals are made without conditions and without recourse. All
75	75	45appropriations from the commonwealth, interest income on Massachusetts healthy homes
76	76	46program fund receipts and repayments shall remain in the Massachusetts healthy homes program
77	77	47fund and not revert to the commonwealth. The department shall make distributions from the
78	78	48Massachusetts healthy homes program fund to one or more eligible applicants.
79	79	49 The department, and entities administering the Massachusetts healthy homes program
80	80	50fund on the department’s behalf, may make grants or loans from the fund to eligible applicants to
81	81	51ensure owner-occupied and rental units are free of habitability concerns.
82	82	52 For low-income owner-occupants, the assistance shall be provided as a grant.
83	83	53 For moderate-income owner-occupants, the assistance shall be provided as a zero percent
84	84	54deferred payment loan with no repayment due until sale or refinancing of the property. If the 4 of 5
85	85	55moderate-income owner-occupant continues to own the property for three years after receiving
86	86	56the loan, then the loan shall be forgiven.
87	87	57 For other eligible owner-occupants and small landlords, the assistance shall be provided
88	88	58as a zero percent deferred payment loan with no repayment until sale or refinancing of the
89	89	59property. Other eligible owner-occupant or a small landlord may apply for loan forgiveness once
90	90	60three years have passed following receipt of the loan. The department shall forgive the loan if the
91	91	61department determines that the other eligible owner-occupant or the small landlord has (1)
92	92	62owned the property without interruption after having received the loan; (2) addressed all
93	93	63habitability concerns in a timely fashion; (3) not evicted tenants, other than for cause; and (4)
94	94	64kept rent increases to no more than five percent per year in each of the past three years.
95	95	65 For larger landlords, the assistance shall be provided as a below-market-rate loan with
96	96	66interest rate and repayment term determined by the department. The department shall provide
97	97	67said below-market-rate loan only to a larger landlord who executes an agreement with the
98	98	68department that, for a term of three years, requires the landlord who owns such property to: (1)
99	99	69maintain ownership of the property without interruption after having received the loan; (2)
100	100	70address all habitability concerns in a timely fashion; (3) not evict tenants, other than for cause;
101	101	71and (4) keep rent increases to no more than five percent per year for each of the three years. If a
102	102	72larger landlord does not comply with the requirements of the loan, then the department may
103	103	73require immediate repayment of the assistance.
104	104	74 The department, and entities administering the Massachusetts healthy homes program
105	105	75fund on the department’s behalf, shall administer the Massachusetts healthy homes program fund
106	106	76under program guidelines established by the department and using program forms established by 5 of 5
107	107	77the department. The department, and any other such administering entities, shall strive to, in its
108	108	78administration of the program, make funds available to address habitability concerns and (1)
109	109	79augment funds from other home repair programs; (2) increase retention in workforce
110	110	80development programs associated with home repairs; (3) provide technical assistance to address
111	111	81habitability concerns; and (4) support outreach, including, but not limited to, minimizing
112	112	82cultural, linguistic or other barriers and maximizing access to program resources. The department
113	113	83may use funds from the Massachusetts healthy homes program fund for said activities.
114	114	84 Grants or loans from the Massachusetts healthy homes program fund shall not exceed
115	115	85$50,000 per unit, unless the department waives this limit upon a determination of the necessity of
116	116	86such waiver, provided that the average amount of assistance does not exceed $50,000 per unit.
117	117	87 At least fifty percent of the funds shall be made to owners of buildings located in a
118	118	88gateway municipality as defined in section 3A of chapter 23A.
119	119	89 Section 31(d). The department shall promulgate guidance or regulations to enforce the
120	120	90provisions of this act no later than 180 days after the effective date of the act. The department
121	121	91shall report on all expenditures from the Massachusetts healthy homes program fund to the clerks
122	122	92of the senate and the house of representatives, the joint committee on housing and the senate and
123	123	93house committees on ways and means not later than eighteen months after the promulgation of
124	124	94this act and annually thereafter. The department shall also make the report publicly available on
125	125	95the website of the executive office of housing.