Massachusetts House Bill H1361

Massachusetts 2023-2024 Regular Session

• Introduced: 2/16/23
• Refer: 2/16/23

Caption

Enabling municipal housing agencies to enter enforceable deed restriction agreements with small property owners in good standing as part of zoning variance approval

Impact

The bill aims to encourage small property owners to maintain and develop affordable housing options by providing clarity and legal backing for zoning variances. By allowing municipalities to enter into agreements with property owners, HB 1361 intends to streamline the process of creating affordable housing units. This is particularly relevant as many cities face ongoing housing shortages. The potential increase in affordable housing is expected to benefit low-income residents seeking viable living options in their communities.

Summary

House Bill 1361 proposes a modification to Chapter 40 of the General Laws of Massachusetts, allowing municipal housing agencies to establish enforceable deed restriction agreements with small property owners. This legislative change seeks to facilitate the approval of zoning variances that would enable property owners to convert or renovate existing structures into affordable housing units. Affordable housing units are defined in the bill as those occupied by individuals and families earning less than 50% of the area median income, with rents or mortgage payments not exceeding 35% of their income. The goal is to increase the affordable housing stock in municipalities, particularly in urban areas where housing demand is high.

Contention

Notably, the bill outlines specific requirements and penalties related to compliance with the affordable housing agreements, which can raise concerns among small property owners regarding the enforceability of such restrictions. Critics may argue that imposing additional regulations could deter property owners from participating in the program or may add bureaucratic complexity. Conversely, supporters emphasize the importance of protecting low-income tenants and the necessity of incentivizing affordable housing development to address state-wide housing challenges effectively.