Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H148 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. 412 FILED ON: 1/12/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 148
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Carol A. Doherty
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 establishing a livable home modification grant program.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Carol A. Doherty3rd Bristol1/12/2023Adam Scanlon14th Bristol1/29/2023James K. Hawkins2nd Bristol1/29/2023Brian M. Ashe2nd Hampden2/6/2023Patrick M. O'ConnorFirst Plymouth and Norfolk2/9/2023Joseph D. McKenna18th Worcester2/19/2023Paul McMurtry11th Norfolk2/19/2023Patrick Joseph Kearney4th Plymouth2/19/2023Lindsay N. Sabadosa1st Hampshire2/19/2023Steven S. Howitt4th Bristol2/27/2023Rebecca L. RauschNorfolk, Worcester and Middlesex2/27/2023James B. EldridgeMiddlesex and Worcester3/7/2023 1 of 6
16	16	HOUSE DOCKET, NO. 412 FILED ON: 1/12/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 148
18	18	By Representative Doherty of Taunton, a petition (accompanied by bill, House, No. 148) of
19	19	Carol A. Doherty and others for legislation to authorize a livable home modification grant
20	20	program. Children, Families and Persons with Disabilities.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Third General Court
24	24	(2023-2024)
25	25	_______________
26	26	An Act establishing a livable home modification grant program.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Chapter 23B of the General Laws is hereby amended by adding the
30	30	2following 7 sections:-
31	31	3 Section 31. As used in sections 31 to 37, inclusive, the following words shall have the
32	32	4following meanings, unless the context clearly requires otherwise:-
33	33	5 “Accessibility features”, accessibility features that meet the specifications of an existing
34	34	6standard including (i) accessibility ramp to a zero-step entrance from a driveway or public
35	35	7sidewalk; (ii) zero-step entrance; (iii) doors with at least 32 inches of clear width; (iv) hallways
36	36	8and passages with at least 36 inches of clear width; (v) accessible light switches, electrical outlets
37	37	9and environmental controls; (vi) accessible bathroom; (vii) accessible and useable kitchen
38	38	10facilities; (viii) retrofitting of an existing unit to include permanently installed lifts or elevators;
39	39	11(ix) purchase and permanent installation of a backup electric generator for life-sustaining
40	40	12electric-powered medical equipment for devices such as respirators, oxygen concentrators or 2 of 6
41	41	13dialysis machines; and (x) installation of a permanent home monitoring system for residents with
42	42	14Alzheimer’s disease and other forms of dementia.
43	43	15 “Commission”, the Massachusetts rehabilitation commission established pursuant to
44	44	16section 74 of chapter 6.
45	45	17 “Disability”, a physical or mental impairment that substantially limits one or more major
46	46	18life activities of an individual.
47	47	19 “Dwelling unit”, any house or building, or portion thereof, that is occupied, designed to
48	48	20be occupied, or is rented, leased or hired out to be occupied, as a home or residence of 1 or more
49	49	21persons.
50	50	22 “Eligible individual”, an individual who has a disability or the caregiver who owns or
51	51	23rents the residency in which the individual who has a disability will reside.
52	52	24 “Existing standards”, adaptability features prescribed by the Massachusetts state building
53	53	25code, the specifications of the American National Standards Institute, the Uniform Federal
54	54	26Accessibility Standards pursuant to 24 CFR Part 40, or Fair Housing Accessibility Guidelines
55	55	27pursuant to 24 CFR Part 100.
56	56	28 “Post-retrofit documentation”, evidence that the project has been completed including,
57	57	29but not limited to: (i) before and after pictures of the area that is retrofitted; (ii) copies of
58	58	30purchase contracts; (iii) invoices; (iv) canceled checks; and (v) construction contracts.
59	59	31 “Sensory modification”, alarms, appliances, and controls designed to assist sensory
60	60	32disabled individuals that are installed as a permanent part of the structure to the dwelling unit; 3 of 6
61	61	33provided, however, that sensory modifications shall not include appliances or alarms that can be
62	62	34removed and reinstalled in another dwelling unit.
63	63	35 Section 32. (a) Any eligible individual, who intends to retrofit or contract with an
64	64	36individual or company to retrofit an existing dwelling unit; provided, that such retrofitting meets
65	65	37the qualification criteria as established in section 33, and meets the eligibility requirements
66	66	38established by guidelines developed by the department in consultation with the commission,
67	67	39shall be eligible for a livable home modification grant equal to not more than 50 percent of the
68	68	40total amount spent; provided, that said livable home modification grant shall not exceed $5,000.
69	69	41 (b) An eligible individual who has a disability, a caregiver, or a guardian may apply for a
70	70	42livable home modification pursuant to section 34.
71	71	43 Section 33. (a) To qualify for a livable home modification grant, the proposed
72	72	44modification or retrofitting of an existing dwelling unit must include at least 1 accessibility
73	73	45feature or sensory modification and meet the requirements of an existing standard.
74	74	46 (b) The eligible individual's income in the prior year shall not exceed 120 percent of the
75	75	47area median income, as determined by the United States Department of Housing and Urban
76	76	48Development. The calculation of an eligible individual’s income shall only include the earnings
77	77	49of the individual with a disability and caregiver, if applicable; provided, that this calculation shall
78	78	50not include household income.
79	79	51 (c) If the eligible individual who has a disability was not required to file a federal tax
80	80	52return in the prior year, the resident shall be automatically eligible for a livable home
81	81	53modification grant; provided, however, that the eligible individual does not qualify or is not
82	82	54eligible for accessibility modifications funded through other local, state or federal programs. 4 of 6
83	83	55 Section 34. (a) Eligible individuals shall apply for a livable home modification grant by
84	84	56making application to the department, which shall issue a certification for an approved
85	85	57application to the individual who has a disability, caregiver, or guardian.
86	86	58 (b) The department, in consultation with the commission, shall develop application
87	87	59guidelines that include, but shall not be limited to: (i) assessment of the individual who has the
88	88	60disability and the need for the livable home modifications; and (ii) proof of the eligible resident's
89	89	61income and documentation of any disability related exemptions.
90	90	62 (c) All applications shall be submitted and received by the department prior to the
91	91	63commencement of construction to modify or retrofit an existing residence to install accessibility
92	92	64features or sensory modifications.
93	93	65 Section 35. (a) Livable home modification grants shall only be allowed for the retrofitting
94	94	66or modification of a residential rental property, provided that the owner agrees to maintain the
95	95	67accessibility features or sensory modifications for 10 years.
96	96	68 (b) Individuals and other entities shall not be eligible to receive a livable home
97	97	69modification grant if they are:
98	98	70 (i) eligible for federal or state disabled access tax credits;
99	99	71 (ii) a limited liability company or foreign limited liability company, as defined by section
100	100	722 of chapter 156C;
101	101	73 (iii) an S Corporation established pursuant to Subchapter S of Chapter 1 of the Internal
102	102	74Revenue Code, 26 USC §§ 1361 et seq.;
103	103	75 (iv) a cooperative housing corporation, as defined by section 4 of chapter 157B; or 5 of 6
104	104	76 (v) a corporation or foreign corporation, subject to chapter 156.
105	105	77 (c) Accessibility modifications that are eligible to be funded through local, state, or
106	106	78federal programs shall not be eligible for livable home modification grants.
107	107	79 (d) Livable home modification grants shall not be used for the purchase or construction of
108	108	80residential rental property.
109	109	81 (e) The department shall not issue more than 1 livable home modification grant to an
110	110	82eligible individual or in relation to the modification or retrofitting of a dwelling unit.
111	111	83 Section 36. Applicants shall submit post-retrofit documentation to the department
112	112	84following the completion of the modification or retrofitting of the dwelling unit.
113	113	85 Section 37. The department shall, not later than August 31, submit an annual report to the
114	114	86governor, speaker of the house, senate president, and chairs of the joint committee on ways and
115	115	87means for the preceding fiscal year. The annual report shall include, but shall not be limited to:
116	116	88 (i) number of grants issued to qualifying individuals;
117	117	89 (ii) number of applications that did not qualify;
118	118	90 (iii) total dollar amount of grants issued;
119	119	91 (iv) average dollar amount of the grants issued;
120	120	92 (v) number of retrofits by accessibility features; and 6 of 6
121	121	93 (vi) prognosis and estimated expenses for the individual if the retrofit had not been made,
122	122	94including (1) increased likelihood of falls and other related emergency room, hospital or
123	123	95rehabilitation expenses; (2) loss of independence; and (3) move into a long-term care facility.
124	124	96 SECTION 2. The director of the department of housing and community development
125	125	97shall promulgate regulations necessary to implement and administer this act.