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HOUSE DOCKET, NO. 717 FILED ON: 1/17/2023
HOUSE . . . . . . . . . . . . . . . No. 239
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Chynah Tyler
_________________
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 adjusting area median income based on zip code.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Chynah Tyler7th Suffolk1/17/2023Michelle M. DuBois10th Plymouth2/14/2023 1 of 7
HOUSE DOCKET, NO. 717 FILED ON: 1/17/2023
HOUSE . . . . . . . . . . . . . . . No. 239
By Representative Tyler of Boston, a petition (accompanied by bill, House, No. 239) of Chynah
Tyler and Michelle M. DuBois relative to the calculation of area median income in
municipalities with a population over 100,000 residents. Community Development and Small
Businesses.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 301 OF 2021-2022.]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
An Act adjusting area median income based on zip code.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. This section requires the calculation of area median income in a
2municipality having a population over one hundred thousand to be based on the zip code.
3 SECTION 2. Section 2 of chapter 40H of the General Laws, as appearing in the 2016
4Official Edition, is hereby amended by inserting after the word “agency” in line 10, the words: -
5 “,except in municipalities having a population of 100,000 or more, where median income
6shall be proportional to the specific zip code in which the dwelling unit or project is located;” 2 of 7
7 SECTION 3. Section 2 of chapter 40R of the General Laws, as appearing in the 2016
8Official Edition, is hereby amended by inserting after the word “Development” in line 6, the
9words: -
10 “,except in municipalities having a population of 100,000 or more, where areawide
11median income shall be proportional to the specific zip code in which the housing or project is
12located;”
13 SECTION 4. Section 6 of chapter 40R of the General Laws, as appearing in the 2016
14Official Edition, is hereby amended by inserting after the word “Development,” in line 35, the
15words: -
16 “,except in municipalities having a population of 100,000 or more, where area median
17income shall be proportional to the specific zip code in which the residential units or projects are
18located;”
19 SECTION 5. Section 1 of chapter 40T of the General Laws, as appearing in the 2016
20Official Edition, is hereby amended by inserting after the word “Development” in lines 29, 36,
2162, and 158 the words: -
22 “,except in municipalities having a population of 100,000 or more, where area median
23income shall be proportional to the specific zip code in which the housing or project is located;”
24 SECTION 6. Section 2 of chapter 44B of the General Laws, as appearing in the 2016
25Official Edition, is hereby amended by inserting after the word “Development” in lines 46 and
2658, the words: - 3 of 7
27 “,except in municipalities having a population of 100,000 or more, where areawide
28median income shall be proportional to the specific zip code in which the housing or project is
29located;”
30 SECTION 7. Section 1 of chapter 60 of the General Laws, as appearing in the 2016
31Official Edition, is hereby amended by inserting after the word “guidelines” in line 10, the
32words: -
33 “,except in municipalities having a population of 100,000 or more, where area median
34income shall be proportional to the specific zip code in which the housing with an affordable
35housing restriction or similar projects are located;”
36 SECTION 8. Section 6I of chapter 62 of the General Laws, as appearing in the 2016
37Official Edition, is hereby amended by inserting after the word “guidelines” in line 34, the
38words: -
39 “,except in municipalities having a population of 100,000 or more, where area median
40income shall be proportional to the specific zip code in which a qualified low-income housing
41project or similar projects are located;”
42 SECTION 9. Section 6M of chapter 62 of the General Laws, as appearing in the 2016
43Official Edition, is hereby amended by striking out, in lines 106-107, the words “or any
44successor legislation and the regulation promulgated thereunder” and inserting after the words
45“42 U.S.C. 1437(a)(B)(2) in line 106, the words: -
46 “,except in municipalities having a population of 100,000 or more, where median income
47shall be determined and proportional to the specific zip code in which the household is located.” 4 of 7
48 SECTION 10. Section 31H of chapter 63 of the General Laws, as appearing in the 2016
49Official Edition, is hereby amended by inserting after the word “family size” in line 35, the
50words: -
51 “,except in municipalities having a population of 100,000 or more, where area median
52income shall be determined by and proportional to the specific zip code in which a qualified low-
53income housing project or similar projects are located.”
54 SECTION 11. Section 6M of chapter 62 of the General Laws, as appearing in the 2016
55Official Edition, is hereby amended by striking out, in lines 106-107, the words “or any
56successor legislation and the regulations promulgated thereafter” and inserting after the words
57“42 U.S.C. 1437(a)(B)(2) in line 106, the words: -
58 “,except in municipalities having a population of 100,000 or more, where median income
59shall be determined and proportional to the specific zip code in which the household is located.”
60 SECTION 12. Section 26 of chapter 121B of the General Laws, as appearing in the 2016
61Official Edition, is hereby amended by striking out, in line 184, the words “the department” and
62inserting after the words “determined by” in line 184, the words: -
63 “and proportional to the specific zip code in which the housing is to be constructed or
64rehabilitated,”
65 SECTION 13. Section 26 of chapter 121B of the General Laws, as appearing in the 2016
66Official Edition, is hereby amended by striking out, in line 268, the words “the department” and
67inserting after the words “defined by” in line 268, the words: -
68 “the specific zip code in which the site for housing is located.” 5 of 7
69 SECTION 14. Section 38D of chapter 121B of the General Laws, as appearing in the
702016 Official Edition, is hereby amended by inserting after the words “household size” in lines
7116, 22, 36, and 48-49 the words: -
72 “,except in municipalities having a population of 100,000 or more, where area median
73household income shall be determined by and proportional to the specific zip code in which the
74housing or similar projects are located.”
75 SECTION 15. Section 38D of chapter 121B of the General Laws, as appearing in the
762016 Official Edition, is hereby amended by inserting after the word “Development” in line 27,
77the words: -
78 “,except in municipalities having a population of 100,000 or more, where area median
79household income shall be determined by and proportional to the specific zip code in which an
80affordable housing development or similar projects are located.”
81 SECTION 16. Section 1 of chapter 121E of the General Laws, as appearing in the 2016
82Official Edition, is hereby amended by inserting after the word “Development” in line 17, the
83words: -
84 “,except in municipalities having a population of 100,000 or more, where area median
85household income shall be determined by and proportional to the specific zip code in which the
86alternative forms of rental and ownership housing or similar projects are located.”
87 SECTION 17. Section 1 of chapter 121F of the General Laws, as appearing in the 2016
88Official Edition, is hereby amended by inserting after the word “Development” in line 6, the
89words: - 6 of 7
90 “,except in municipalities having a population of 100,000 or more, where area median
91household income shall be determined by and proportional to the specific zip code in which the
92affordable housing developments or similar projects are located.”
93 SECTION 18. Section 1 of chapter 121G of the General Laws, as appearing in the 2016
94Official Edition, is hereby amended by inserting after the word “Development” in line 5, the
95words: -
96 “,except in municipalities having a population of 100,000 or more, where area median
97household income shall be determined by and proportional to the specific zip code in which the
98federal-assisted housing or similar projects are located.”
99 SECTION 19. Section 15 of chapter 167C of the General Laws, as appearing in the 2016
100Official Edition, is hereby amended by inserting after the word “Development” in line 44, the
101words: -
102 “,except in municipalities having a population of 100,000 or more, where area median
103household income shall be determined by and proportional to the specific zip code in which the
104persons who shall receive the benefits and assistance provided by said fund are located.”
105 SECTION 20. Section 7A of chapter 167E of the General Laws, as appearing in the 2016
106Official Edition, is hereby amended by inserting after the word “Development” in line 7, the
107words: -
108 “,except in municipalities having a population of 100,000 or more, where area median
109income shall be determined by and proportional to the specific zip code in which the applicant’s
110mortgaged property is located.” 7 of 7
111 SECTION 21. Section 65C ½ of chapter 171 of the General Laws, as appearing in the
1122016 Official Edition, is hereby amended by inserting after the word “Development” in line 7,
113the words: -
114 “,except in municipalities having a population of 100,000 or more, where area median
115income shall be determined by and proportional to the specific zip code in which the applicant’s
116mortgaged property is located.”
117 SECTION 22. This act shall take effect immediately.