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HOUSE DOCKET, NO. 902 FILED ON: 1/17/2023
HOUSE . . . . . . . . . . . . . . . No. 1361
The Commonwealth of Massachusetts
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PRESENTED BY:
Samantha Montaño
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act enabling municipal housing agencies to enter enforceable deed restriction agreements
with small property owners in good standing as part of zoning variance approval.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Samantha Montaño15th Suffolk1/10/2023 1 of 3
HOUSE DOCKET, NO. 902 FILED ON: 1/17/2023
HOUSE . . . . . . . . . . . . . . . No. 1361
By Representative Montaño of Boston, a petition (accompanied by bill, House, No. 1361) of
Samantha Montaño for legislation to enable municipal housing agencies to enter enforceable
deed restriction agreements with small property owners in good standing as part of zoning
variance approval. Housing.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act enabling municipal housing agencies to enter enforceable deed restriction agreements
with small property owners in good standing as part of zoning variance approval.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 Chapter 40 of the General Laws is hereby amended by inserting after section 60B the
2following section:-
3 Section 60C. (a) As used in this section the following terms shall, unless the context
4clearly appears otherwise, have the following meanings:-
5 “Affordable housing”, a deed restricted unit affordable to and occupied by individuals
6and families whose annual income is less than 50 per cent of the area-wide median income as
7determined by the United States Department of Housing and Urban Development for the city or
8town in which the land lies and where rent or mortgage payments are not more than 35 percent of
9household income. 2 of 3
10 “Affordable housing restriction”, a right for 20 or more years, notwithstanding chapter
11184A, whether or not stated in the form of a restriction, easement, covenant or condition in any
12deed, mortgage, will, agreement, or other instrument executed by or on behalf of the owner of
13the real property containing the deed restricted unit appropriate to limit the use of such dwelling
14unit for affordable housing and recorded in the registry of deeds in which the land lies. While
15under affordable housing restriction, deed restricted units under this section are eligible to be
16counted on the so called 40B subsidized housing inventory administered by the department of
17housing and community development.
18 “Deed restricted unit”, a newly renovated dwelling unit subject to an affordable housing
19restriction pursuant to an agreement executed by the municipality and the property owner under
20this section.
21 “Newly renovated”, a dwelling unit constructed, redeveloped, renovated or developed
22pursuant to a by law, ordinance or zoning variance by a city or town provided for in subsection
23(b).
24 (b) A city or town accepting this section in the manner provided in section 4 of chapter 4
25may, notwithstanding any law to the contrary, provide through by-law, ordinance or zoning
26variance for the addition of newly renovated dwelling units in an existing building containing
27less than 10 dwelling units; provided, that such newly renovated dwelling units are subject to
28subsection (c).
29 (c) A property owner adding a newly renovated dwelling unit pursuant to subsection (b)
30shall enter into an affordable housing agreement with the municipality in which the land lies.
31Notwithstanding any law to the contrary, the agreement shall provide for an enforceable zoning 3 of 3
32variance for additional newly renovated dwelling units. The agreement shall include: (i) a
33payment of a sum of money to be agreed upon by the municipality and the property owner based
34on the fair market value of the improved property, notwithstanding any affordability covenant,
35and deposited into the municipality’s affordable housing trust fund adopted pursuant to section
3655C of chapter 44;(ii) additional newly renovated deed restricted units with recorded affordable
37housing restrictions pursuant to this section; or (iii) both (i) and (ii).
38 (d) The chief executive officer of a city or town shall hold, monitor and enforce the
39affordable housing restriction on a deed restricted unit or, designate a nonprofit organization
40created pursuant to chapter 180 to hold, monitor or enforce such restrictions. In the case that a
41municipality designates a nonprofit, the nonprofit shall be compensated by the municipality.
42 (e) The municipality shall establish rules and guidelines for granting a variance under this
43section. The affordable housing agreement in subsection (c) shall also provide for, and explicitly
44state, penalties for its noncompliance.