Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1361 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 902 FILED ON: 1/17/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1361
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Samantha Montaño
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 enabling municipal housing agencies to enter enforceable deed restriction agreements
13	13	with small property owners in good standing as part of zoning variance approval.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :DATE ADDED:Samantha Montaño15th Suffolk1/10/2023 1 of 3
17	17	HOUSE DOCKET, NO. 902 FILED ON: 1/17/2023
18	18	HOUSE . . . . . . . . . . . . . . . No. 1361
19	19	By Representative Montaño of Boston, a petition (accompanied by bill, House, No. 1361) of
20	20	Samantha Montaño for legislation to enable municipal housing agencies to enter enforceable
21	21	deed restriction agreements with small property owners in good standing as part of zoning
22	22	variance approval. 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 enabling municipal housing agencies to enter enforceable deed restriction agreements
29	29	with small property owners in good standing as part of zoning variance approval.
30	30	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
31	31	of the same, as follows:
32	32	1 Chapter 40 of the General Laws is hereby amended by inserting after section 60B the
33	33	2following section:-
34	34	3 Section 60C. (a) As used in this section the following terms shall, unless the context
35	35	4clearly appears otherwise, have the following meanings:-
36	36	5 “Affordable housing”, a deed restricted unit affordable to and occupied by individuals
37	37	6and families whose annual income is less than 50 per cent of the area-wide median income as
38	38	7determined by the United States Department of Housing and Urban Development for the city or
39	39	8town in which the land lies and where rent or mortgage payments are not more than 35 percent of
40	40	9household income. 2 of 3
41	41	10 “Affordable housing restriction”, a right for 20 or more years, notwithstanding chapter
42	42	11184A, whether or not stated in the form of a restriction, easement, covenant or condition in any
43	43	12deed, mortgage, will, agreement, or other instrument executed by or on behalf of the owner of
44	44	13the real property containing the deed restricted unit appropriate to limit the use of such dwelling
45	45	14unit for affordable housing and recorded in the registry of deeds in which the land lies. While
46	46	15under affordable housing restriction, deed restricted units under this section are eligible to be
47	47	16counted on the so called 40B subsidized housing inventory administered by the department of
48	48	17housing and community development.
49	49	18 “Deed restricted unit”, a newly renovated dwelling unit subject to an affordable housing
50	50	19restriction pursuant to an agreement executed by the municipality and the property owner under
51	51	20this section.
52	52	21 “Newly renovated”, a dwelling unit constructed, redeveloped, renovated or developed
53	53	22pursuant to a by law, ordinance or zoning variance by a city or town provided for in subsection
54	54	23(b).
55	55	24 (b) A city or town accepting this section in the manner provided in section 4 of chapter 4
56	56	25may, notwithstanding any law to the contrary, provide through by-law, ordinance or zoning
57	57	26variance for the addition of newly renovated dwelling units in an existing building containing
58	58	27less than 10 dwelling units; provided, that such newly renovated dwelling units are subject to
59	59	28subsection (c).
60	60	29 (c) A property owner adding a newly renovated dwelling unit pursuant to subsection (b)
61	61	30shall enter into an affordable housing agreement with the municipality in which the land lies.
62	62	31Notwithstanding any law to the contrary, the agreement shall provide for an enforceable zoning 3 of 3
63	63	32variance for additional newly renovated dwelling units. The agreement shall include: (i) a
64	64	33payment of a sum of money to be agreed upon by the municipality and the property owner based
65	65	34on the fair market value of the improved property, notwithstanding any affordability covenant,
66	66	35and deposited into the municipality’s affordable housing trust fund adopted pursuant to section
67	67	3655C of chapter 44;(ii) additional newly renovated deed restricted units with recorded affordable
68	68	37housing restrictions pursuant to this section; or (iii) both (i) and (ii).
69	69	38 (d) The chief executive officer of a city or town shall hold, monitor and enforce the
70	70	39affordable housing restriction on a deed restricted unit or, designate a nonprofit organization
71	71	40created pursuant to chapter 180 to hold, monitor or enforce such restrictions. In the case that a
72	72	41municipality designates a nonprofit, the nonprofit shall be compensated by the municipality.
73	73	42 (e) The municipality shall establish rules and guidelines for granting a variance under this
74	74	43section. The affordable housing agreement in subsection (c) shall also provide for, and explicitly
75	75	44state, penalties for its noncompliance.