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HOUSE DOCKET, NO. 4634 FILED ON: 10/18/2023
HOUSE . . . . . . . . . . . . . . . No.
OFFICE OF THE GOVERNOR
COMMONWEALTH OF MASSACHUSETTS
STATE HOUSE · BOSTON, MA 02133
(617) 725-4000
MAURA T. HEALEY
GOVERNOR
KIMBERLEY DRISCOLL
LIEUTENANT GOVERNOR
October 18, 2023
To the Honorable Senate and House of Representatives,
I am pleased to submit for your consideration “The Affordable Homes Act.”
The Commonwealth faces an increasing housing shortage. The demand for both market
rate and affordable housing has significantly increased, and the Executive Office of Housing and
Livable Communities estimates that the Commonwealth must produce 200,000 homes by 2030
to tackle the existing housing shortage and meet growing demand. This legislation, together with
the increases to the Low-Income Housing Tax Credit and the Housing Development Incentive
Program, enacted in An Act to improve the Commonwealth’s competitiveness, affordability, and
equity, are projected to create over 40,000 new homes and preserve or support an additional over
27,000 homes over the next 5 years. An additional 114,000 market-rate homes are already
completed, under construction, or in the pipeline for completion by 2030 if conditions allow
them to move forward. The legislation I file today will accelerate production to reach our
200,000 home goal and help ensure that a significant portion of that goal is comprised of long-
term affordable housing.
This legislation proposes not only a comprehensive funding strategy to increase the
supply of housing, rehabilitate and modernize public housing, and support affordable housing
opportunities for our residents across the state, but also recommends policy initiatives to address
fair housing and equity concerns, provides critical protections to vulnerable tenants and authority
for cities and towns to raise revenue to address their unique affordable housing needs.
The bond authorization I propose today will provide $4.12 billion in capital authorization
to support the following key initiatives: 2 of 5
• Investing in Public Housing
o $1.5 billion in new capital authorization to make capital improvements across the
over 43,000 units of state-aided public housing, including $150 million dedicated to the
decarbonization of public housing and $15 million for accessibility upgrades.
o $100 million in new capital authorization for the Public Housing Demonstration
Program to encourage housing authorities to pursue innovative, market-driven strategies and
leverage private resources.
• Driving Housing Production & Preservation
o $800 million in new capital authorization for the Affordable Housing Trust Fund
to support private affordable housing development.
o $425 million in new capital authorization for the Housing Stabilization and
Investment Trust Fund to support preservation, new construction, and rehabilitation projects.
o $275 million in new capital authorization for sustainable and green housing
initiatives:
Accelerate and support innovative housing strategies, including repurposing
existing commercial or office space for housing development. This authorization will also
support a new social housing demonstration program;
Develop transit-oriented housing; and
Support the creation and rehabilitation of sustainable and climate resilient
affordable multifamily housing.
o $50 million in new capital authorization for a Momentum Fund to capitalize a
permanent, revolving fund and seeded through state and private investment, to accelerate
development of mixed-income multifamily housing.
o $175 million in new capital authorization for the HousingWorks Infrastructure
Program.
o $50 million in new capital authorization for the Neighborhood Stabilization
Program for redevelopment, reconstruction, repair, acquisition, and rehabilitation of abandoned
and foreclosed properties.
o $35 million in new capital authorization for Housing Choice Grants.
o $30 million in new capital authorization to support efforts to utilize state surplus
land for housing and other purposes. 3 of 5
o $25 million in new capital authorization for Community Planning Grants.
o $20 million in new capital authorization to recapitalize the 40R Smart Growth
Housing Trust Fund.
• Supporting Vulnerable Populations
o $200 million in new capital authorization for the Housing Innovations Trust Fund
to support innovative and alternative forms of rental housing for residents who need extensive
support services.
o $70 million in new capital authorization for the Facilities Consolidation Fund to
create community-based housing in rental developments for clients of the Departments of
Developmental Services and Mental Health.
o $60 million in new capital authorization for the Home Modification Loan
program to provide loans to make access and safety modifications to the homes of persons with
disabilities and seniors.
o $55 million in new capital authorization for the Community-Based Housing
program to create housing for people with disabilities.
o $50 million in new capital authorization for the Early Education and Out of
School Time program to help build early education facilities that children from families with low
incomes.
• Supporting Middle Income & Home Buyers
o $100 million in new capital authorization to support the creation of affordable
homeownership units through the CommonWealth Builder program.
o $100 million in new capital authorization to support the creation of mixed-income
rental housing that is affordable for households whose incomes are too high for traditional
subsidized housing but are priced out by market rents.
o $50 million, included within the authorization of the Affordable Housing Trust
Fund, to support first-time homebuyers through the MassDREAMS program.
The bill also contains tax credit proposals to help support our community development
corporations and their work creating affordable housing and livable communities and a new
homeownership production tax credit program:
• Making the Community Investment Tax Credit permanent and increasing it from
$12 million to $15 million per year to support the work of community development corporations. 4 of 5
• Creating a new Homeownership Production Tax Credit to award up to $10 million
in tax credits annually to produce homes affordable to moderate-income first-time homebuyers.
Finally, this bill includes policy proposals and statutory changes to address the
Commonwealth’s housing shortage, establish tenant protections, and provide additional tools for
localities to address their unique affordable housing needs. Key highlights include:
• Unlocking Housing Production and Preservation
o Requiring the Executive Office of Housing and Livable Communities to prepare a
statewide housing plan every five years.
o Allowing accessory dwelling units to be built by-right in single family zoning
districts in all communities.
o Adding inclusionary zoning to the list of zoning changes municipalities may pass
by simple majority.
o Establishing a temporary streamlined process for the disposition of land under the
control of state and public agencies for housing purposes.
o Establishing a Supportive Housing Pool Fund to provide critical assistance for
supportive housing by funding staffing, management, service coordination and other tenancy-
related services not funded through other sources.
o Public housing reforms to allow housing authorities to operate more effectively
and efficiently, reduce maintenance backlogs, and ensure resident protections.
• Supporting Local Communities
o Establishing a local option real estate transfer fee of 0.5% - 2% paid by the seller
of property on the portion of the sale over $1 million, or the county median home sales price,
whichever is greater. Revenue raised through a real estate transfer fee would be required to be
used for affordable housing purposes, including for public housing, through a community’s
municipal affordable housing trust fund.
o Creating a “seasonal communities” designation to create housing policies and
resources to better serve the needs of these communities.
o Reforming the Commonwealth’s receivership statute to permit courts to allow the
sale of vacant properties in receivership to nonprofits for fair market value to rehabilitate and sell
affordably to income-eligible first-time homebuyers.
• Fair Housing & Tenant Protections 5 of 5
o Establishing an Office of Fair Housing within the Executive Office of Housing
and Livable Communities to support and coordinate enforcement initiatives, fair housing testing
and outreach/education.
o Establishing a process for tenants to petition a court to seal eviction records.
• Commissions
o Establishing a Senior Housing & Age-Friendly Communities Commission to
recommend policy, programs, and investments to expand the supply of sustainable, broadly
affordable supportive senior housing and appropriate community supports.
o Establishing a commission to recommend policy, programs, and investments to
expand the supply of housing affordable to households with extremely low incomes for those
earning not more than 30% of the Area Median Income.
This housing bond bill will help strengthen our communities through the preservation and
creation of affordable housing. I urge you to enact this legislation promptly to ensure that we
meet the housing needs of the people of the Commonwealth.
Respectfully submitted,
Maura T. Healey,
Governor 1 of 126
HOUSE . . . . . . . . . . . . . . . No.
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
An Act the Affordable Homes Act.
Whereas, The deferred operation of this act would tend to defeat its purpose, which is to
authorize forthwith the financing of the production and preservation of housing for low and
moderate income citizens of the commonwealth and to make related changes in certain laws,
therefore it is hereby declared to be an emergency law, necessary for the immediate preservation
of the public convenience.
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. To provide for a capital outlay program to rehabilitate, produce and
2modernize state-aided public housing developments; to preserve the affordability and the income
3mix of state-assisted multifamily developments; to support home ownership and rental housing
4opportunities for low and moderate income citizens; to stem urban blight through the
5implementation of housing stabilization programs; to support housing production for the elderly,
6disabled and homeless; to preserve housing for the elderly, the homeless and low and moderate
7income citizens and persons with disabilities; to develop facilities for licensed early care and
8education and out of school time programs; and to promote economic reinvestment through the
9funding of infrastructure improvements, the sums set forth in sections 2 to 5, inclusive for the
10several purposes and subject to the conditions specified in this act, are hereby made available
11subject to the laws regulating the disbursement of public funds. 2 of 126
12 SECTION 2.
13 EXECUTIVE OFFICE OF EDUCATION
14 Department of Early Education and Care
15 3000-0411. For the purpose of state financial assistance in the form of grants for the
16Early Education and Out of School Time Capital Fund for the development of eligible facilities
17for licensed early care and education and out of school time programs established in section 18
18of chapter 15D of the General Laws; provided, that the department of early education and care
19may contract with quasi-public or non-profit entities to administer the program, including, but
20not limited to, the Community Economic Development Assistance Corporation established in
21chapter 40H of the General Laws; provided further, that the department may develop or finance
22eligible facilities, may enter into subcontracts with nonprofit organizations established pursuant
23to chapter 180 of the General Laws or organizations in which such nonprofit corporations have a
24controlling financial or managerial interest; provided further, that the department shall consider:
25(i) a balanced geographic plan for such eligible facilities when issuing the funding commitments;
26and (ii) funding large group and school age child care centers, as defined by the department of
27early education and care; provided further, that the services made available pursuant to such
28grants shall not be construed as a right or entitlement for any individual or class of persons to the
29benefits financing; provided further, that no expenditure shall be made from this item without the
30prior approval of the secretary of administration and finance; and provided further, that eligibility
31shall be established by regulations promulgated by the department pursuant to chapter 30A of the
32General Laws for the implementation, administration and enforcement of this
33item.......................... $50,000,000 3 of 126
34 SECTION 3.
35 EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
36 Office of the Secretary
37 1100-2518. For costs associated with planning and studies, the preparation of plans and
38specifications, demolition, remediation, construction and relocation of utilities, construction and
39reconstruction of infrastructure, predevelopment, and site preparation; provided, that any funds
40received by a state agency in connection with projects funded from this item may be retained by
41the executive office for administration and finance and expended for the purposes of the project,
42without further appropriation, in addition to the amounts appropriated in this item; provided
43further, that where appropriate, the commissioner of capital asset management and maintenance
44may transfer funds authorized herein in accordance with a delegation of project control and
45supervision process pursuant to section 5 of chapter 7C of the General Laws or for the
46capitalization of the surplus real property disposition fund established in section 106; and
47provided further, that funds from this item shall be distributed in furtherance of affordable
48housing production goals and availability of sites suitable for construction or expansion of
49housing opportunities in the commonwealth in consultation with the secretary of housing and
50livable communities........................... $30,000,000
51 SECTION 4.
52 EXECUTIVE OFFICE OF HOUSING AND LIVABLE COMMUNITIES
53 7004-0069. For a program of loans or grants to assist homeowners or tenants with a
54household member with blindness or severe disabilities in making modifications to their primary
55residence for the purpose of improving accessibility or to allow those individuals to live
56independently in the community or for construction costs to allow for the building of an 4 of 126
57accessory unit, which shall mean a unit constructed as an additional dwelling unit separate from
58the primary dwelling unit, for a person with disabilities or an elder needing assistance with
59activities of daily living; provided, that not more than 10 per cent shall be used for grants to
60assist landlords seeking to make modifications for a current or prospective tenant with
61disabilities, who but for such a grant would be unable to maintain or secure permanent housing;
62provided further, that the secretary of housing and livable communities and the secretary of
63health and human services shall take all steps necessary to minimize the program’s
64administrative costs; provided further, that the secretary of health and human services may
65contract with quasi-public or non-profit entities to administer the program, including, but not
66limited to, the Community Economic Development Assistance Corporation established in
67chapter 40H of the General Laws; provided further, that the program shall be available pursuant
68to income eligibility standards approved by the secretary of health and human services; provided
69further, that the repayment of the loans may be delayed until the sale of the principal residence
70by the homeowner; provided further, that persons residing in a development covered by section 4
71of chapter 151B of the General Laws shall not be eligible for the program unless the owner can
72show that the modification is an undue financial burden or that the landlord is participating in the
73grant program to maintain or secure housing for a tenant with disabilities; provided further, that
74the secretary of health and human services shall consult with the Massachusetts commission for
75the blind and the Massachusetts rehabilitation commission to develop the rules, regulations and
76guidelines for the program; provided further, that nothing in this item shall give rise to
77enforceable legal rights in any party or an enforceable entitlement to services; provided further,
78that funds expended from this item shall, to the maximum extent feasible be prioritized for
79projects that comply with decarbonization and sustainability standards; provided, that 5 of 126
80prioritization will be determined through objective scoring criteria in the Qualified Allocation
81Plan developed by the executive office of housing and livable communities; provided further,
82that for new construction projects, the applicable standards for prioritization are set forth in the
83commonwealth’s Opt-in Specialized Energy Code set forth at 225 CMR §§ 22.00 and 23.00 and
84Enterprise Green Communities standards; provided further, that any project proposing less than
85full compliance with said standards shall provide detailed analysis demonstrating why full
86compliance would render the project infeasible notwithstanding utilization of all available
87federal and state incentives, including rebates and tax credits; provided further, that for retrofits
88of existing units, prioritization shall be given to projects that include energy efficiency and
89electrification decarbonization measures, including, but not limited to electric or ground source
90heat pumps, net-zero developments, Passive House or equivalent energy efficiency certification,
91and all-electric buildings and projects that incorporate green, sustainable and climate-resilient
92elements; provided further, that projects that include lower embodied carbon construction
93materials and methods shall be further prioritized; and provided further, that the secretary of
94health and human services shall submit quarterly reports to the house and senate committees on
95ways and means, the house and senate committees on bonding, capital expenditures and state
96assets and the joint committee on housing detailing the status of the program established in this
97item.................. $60,000,000
98 7004-0070. For state financial assistance in the form of loans for the development of
99community-based housing or supportive housing for individuals with mental illness and
100individuals with intellectual disabilities; provided, that the loan program shall be administered by
101the executive office of housing and livable communities through contracts with one or more of
102the following agencies: the Massachusetts Development Finance Agency established in chapter 6 of 126
10323G of the General Laws, the Community Economic Development Assistance Corporation
104established in chapter 40H of the General Laws, operating agencies established pursuant to
105chapter 121B of the General Laws and the Massachusetts Housing Finance Agency established
106in chapter 708 of the acts of 1966; provided further, that those agencies may develop or finance
107community-based housing or supportive housing or may enter into subcontracts with nonprofit
108organizations, established pursuant to chapter 180 of the General Laws, or organizations in
109which such nonprofit corporations have a controlling financial or managerial interest or for-profit
110organizations; provided, however, that preference for the subcontracts shall be given to nonprofit
111organizations; provided further, that the executive office shall consider a balanced geographic
112plan for such community-based housing or supportive housing when issuing the loans; provided
113further, that the executive office shall consider development of a balanced range of housing
114models by prioritizing funds for integrated housing as defined by the appropriate housing and
115service agencies including, but not limited to, the executive office of housing and livable
116communities, the department of mental health and the department of developmental services, in
117consultation with relevant and interested clients, clients’ families, advocates and other parties as
118necessary; provided further, that loans issued pursuant to this item shall: (i) not exceed 50 per
119cent of the financing of the total development costs; (ii) not be issued unless a contract or
120agreement for the use of the property for such housing provides for repayment to the
121commonwealth at the time of disposition of the property if such property will no longer be
122subject to a recorded deed restriction pursuant to clause (iii) of this item; provided, however, that
123such repayment shall be in an amount equal to the commonwealth’s proportional contribution
124from the Facilities Consolidation Fund to the cost of the development through payments made by
125the state agency making the contract; provided, further, that such repayment shall not be required 7 of 126
126if the executive office of housing and livable communities, in consultation with the department
127of mental health and the department of developmental services, determines that relevant clients
128will be better served at an alternative property and the proceeds from the disposition of the
129property will be used, to the extent necessary for replacement of the housing at the property, for
130one or more of the following purposes: (A) to acquire such alternative property and (B) to
131rehabilitate such alternative property; (iii) not be issued unless the contract or agreement for the
132use of the property for the purposes of such housing provides for the recording of a deed
133restriction in the registry of deeds or the registry district of the land court of the county in which
134the real property is located, for the benefit of the executive office and the departments, running
135with the land, that the land shall be used to provide community-based housing or supportive
136housing for eligible individuals as determined by the department of mental health and the
137department of developmental services; provided, however, that the property shall not be released
138from such restriction unless: (A) the balance of the principal and interest for the loan has been
139repaid in full; (B) a mortgage foreclosure deed has been recorded; or (C) the executive office of
140housing and livable communities has determined, pursuant to clause (ii) of this item, that
141repayment to the commonwealth is not required; (iv) be issued for a term not to exceed 30 years,
142during which time repayment may be deferred by the loan issuing authority; provided, however,
143that if on the date the loans become due and payable to the commonwealth, an outstanding
144balance exists and if, on such date, the executive office, in consultation with the executive office
145of health and human services, determines that there still exists a need for such housing and that
146there is continued funding available for the provision of services to such development, the
147executive office may, by agreement with the owner of the development, extend the loans for
148such periods, each period not to exceed 10 years, as the executive office shall determine; 8 of 126
149provided further, that the project, whether at the original property, or at an alternative property
150pursuant to clause (ii) of this item, shall remain affordable housing for the duration of the loan
151term, including any extension thereof, as set forth in the contract or agreement entered into by
152the executive office; provided further, that in the event the terms of repayment detailed in this
153item would cause a project authorized by this item to become ineligible to receive federal
154financial assistance which would otherwise assist in the development of that project, the
155executive office may waive the terms of repayment which would cause the project to become
156ineligible; and (v) have interest rates fixed at a rate, to be determined by the executive office, in
157consultation with the state treasurer; provided further, that the loans shall be provided only for
158projects conforming to this item; provided further, that the loans shall be issued in accordance
159with a facilities consolidation plan prepared by the secretary of health and human services,
160reviewed and approved by the executive office and filed with the secretary of administration and
161finance, the house and senate committees on ways and means, the house and senate committees
162on bonding, capital expenditures and state assets and the joint committee on housing; provided
163further, that no expenditure shall be made from this item without the prior approval of the
164secretary of administration and finance; provided further, that the executive office of housing and
165livable communities, the department of mental health and the Community Economic
166Development Assistance Corporation may identify appropriate financing mechanisms and
167guidelines for grants or loans from this item to promote private development to produce housing,
168to provide for independent integrated living opportunities, to write down building and operating
169costs and to serve households at or below 15 per cent of area median income for the benefit of
170department of mental health clients; provided further, that funds expended from this item shall,
171to the maximum extent feasible, be prioritized for projects that comply with decarbonization and 9 of 126
172sustainability standards; provided, that prioritization will be determined through objective
173scoring criteria in the Qualified Allocation Plan developed by the executive office of housing and
174livable communities; provided further, that for new construction projects, the applicable
175standards for prioritization are set forth in the commonwealth’s Opt-in Specialized Energy Code
176set forth at 225 CMR §§ 22.00 and 23.00 and Enterprise Green Communities standards; provided
177further, that any project proposing less than full compliance with said standards shall provide
178detailed analysis demonstrating why full compliance would render the project infeasible
179notwithstanding utilization of all available federal and state incentives, including rebates and tax
180credits; provided further, that for retrofits of existing units, prioritization shall be given to
181projects that include energy efficiency and electrification decarbonization measures, including,
182but not limited to electric or ground source heat pumps, net-zero developments, Passive House or
183equivalent energy efficiency certification, and all-electric buildings and projects that incorporate
184green, sustainable and climate-resilient elements; provided further, that projects that include
185lower embodied carbon construction materials and methods shall be further prioritized; provided
186further, that not more than $10,000,000 may be expended from this item for a pilot program of
187community-based housing or supportive housing loans to serve mentally ill homeless individuals
188in the current or former care of the department of mental health; provided further, that in
189implementing the pilot program, the executive office shall consider a balanced geographic plan
190when establishing community-based residences; provided further, that the housing services made
191available pursuant to such loans shall not be construed as a right or an entitlement for any
192individual or class of persons to the benefits of the pilot program; provided further, that
193eligibility for the pilot program shall be established by regulations promulgated by the executive
194office; and provided further, that the executive office shall promulgate regulations under chapter 10 of 126
19530A of the General Laws to implement, administer and enforce this item, consistent with the
196facilities consolidation plan prepared by the secretary of health and human services and after
197consultation with the secretary and the commissioner of capital asset management and
198maintenance...........................................$70,000,000
199 7004-0071. For state financial assistance in the form of loans for the development and
200redevelopment of community-based housing or supportive housing for persons with disabilities
201who are institutionalized or at risk of being institutionalized and who are not eligible for housing
202developed pursuant to item 7004-0070; provided, that the loan program shall be administered by
203the executive office of housing and livable communities, through contracts with the
204Massachusetts Development Finance Agency established in chapter 23G of the General Laws,
205the Community Economic Development Assistance Corporation established in chapter 40H of
206the General Laws, operating agencies established pursuant to chapter 121B of the General Laws
207and the Massachusetts Housing Finance Agency established in chapter 708 of the acts of 1966;
208provided further, that the agencies may develop or finance community-based housing or
209supportive housing or may enter into subcontracts with nonprofit organizations established
210pursuant to chapter 180 of the General Laws or organizations in which such nonprofit
211corporations have a controlling financial or managerial interest or for-profit organizations;
212provided, however, that preference for such subcontracts shall be given to nonprofit
213organizations; provided further, that the executive office shall consider a balanced geographic
214plan for such community-based housing or supportive housing when issuing the loans; provided
215further, that all housing developed with these funds shall be integrated housing as defined by the
216appropriate state housing and service agencies including, but not limited to, the executive office,
217the executive office of health and human services and the Massachusetts rehabilitation 11 of 126
218commission in consultation with relevant and interested clients, clients’ families, advocates and
219other parties as necessary; provided further, that loans issued pursuant to this item shall: (i) not
220exceed 50 per cent of the financing of the total development costs; (ii) not be issued unless a
221contract or agreement for the use of the property for the purposes of such housing provides for
222repayment to the commonwealth at the time of disposition of the property if such property will
223no longer be subject to a recorded deed restriction pursuant to clause (iii) of this item; provided,
224however, that such repayment shall be in an amount equal to the commonwealth’s proportional
225contribution from community-based housing to the cost of the development through payments
226made by the state agency making the contract; provided, further, that such repayment shall not be
227required if the executive office of housing and livable communities, in consultation with the
228Massachusetts rehabilitation commission, determines that relevant clients will be better served at
229an alternative property and the proceeds from the disposition of the property will be used, to the
230extent necessary for replacement of the housing at the property, for one or more of the following
231purposes: A) to acquire such alternative property and (B) to rehabilitate such alternative
232property; (iii) not be issued unless a contract or agreement for the use of the property for the
233purposes of such community-based housing or supportive housing provides for the recording of a
234deed restriction in the registry of deeds or the registry district of the land court of the county in
235which the real property is located, for the benefit of the executive office, running with the land,
236that the land shall be used to provide community-based housing or supportive housing for
237eligible individuals as determined by the Massachusetts rehabilitation commission or other
238agency of the executive office of health and human services; provided, however, that the
239property shall not be released from such restrictions unless: (A) the balance of the principal and
240interest for the loan has been repaid in full; (B) a mortgage foreclosure deed has been recorded; 12 of 126
241or (C) the executive office of housing and livable communities has determined, pursuant to
242clause (ii) of this item, that repayment to the commonwealth is not required; (iv) be issued for a
243term not to exceed 30 years during which time repayment may be deferred by the loan issuing
244authority; provided, however, that if on the date the loans become due and payable to the
245commonwealth, an outstanding balance exists and if, on that date, the executive office, in
246consultation with the executive office of health and human services, determines that there still
247exists a need for such housing, the executive office may, by agreement with the owner of the
248development, extend the loans for such periods, each period not to exceed 10 years, as the
249executive office shall determine; provided further, that the project, whether at the original
250property, or at an alternative property pursuant to clause (ii) of this item, shall continue to remain
251affordable housing for the duration of the loan term, including any extensions thereof, as set
252forth in the contract or agreement entered into by the executive office; provided, however, that in
253the event the terms of repayment detailed in this item would cause a project authorized by this
254item to become ineligible to receive federal financial assistance, which would otherwise assist in
255the development of that project, the executive office may waive the terms of repayment which
256would cause the project to become ineligible; and (v) have interest rates fixed at a rate, to be
257determined by the executive office, in consultation with the state treasurer; provided further, the
258loans shall be provided only for projects conforming to this item; provided further, that the loans
259shall be issued in accordance with an enhancing community-based services plan prepared by the
260secretary of health and human services, in consultation with the executive office and filed with
261the secretary of administration and finance, the house and senate committees on ways and means,
262the house and senate committees on bonding, capital expenditures and state assets and the joint
263committee on housing; provided further, that funds expended from this item shall, to the 13 of 126
264maximum extent feasible, be prioritized for projects that comply with decarbonization and
265sustainability standards; provided, that prioritization will be determined through objective
266scoring criteria in the Qualified Allocation Plan developed by the executive office of housing and
267livable communities; provided further, that for new construction projects, the applicable
268standards for prioritization are set forth in the commonwealth’s Opt-in Specialized Energy Code
269set forth at 225 CMR §§ 22.00 and 23.00 and Enterprise Green Communities standards; provided
270further, that any project proposing less than full compliance with said standards shall provide
271detailed analysis demonstrating why full compliance would render the project infeasible
272notwithstanding utilization of all available federal and state incentives, including rebates and tax
273credits; provided further, that for retrofits of existing units, prioritization shall be given to
274projects that include energy efficiency and electrification decarbonization measures, including,
275but not limited to electric or ground source heat pumps, net-zero developments, Passive House or
276equivalent energy efficiency certification, and all-electric buildings and projects that incorporate
277green, sustainable and climate-resilient elements; provided further, that projects that include
278lower embodied carbon construction materials and methods shall be further prioritized; provided
279further, that no expenditure shall be made from this item without the prior approval of the
280secretary of administration and finance; and provided further, that the executive office shall
281promulgate regulations pursuant to chapter 30A of the General Laws for the implementation,
282administration and enforcement of this item, consistent with the enhancing community-based
283services plan prepared by the secretary of health and human services after consultation with the
284secretary and the commissioner of capital asset management and
285maintenance...........................................$55,000,000
14 of 126
286 7004-0072. For the capitalization of the Affordable Housing Trust Fund established in
287section 2 of chapter 121D of the General Laws; provided, that funds expended from this item
288shall, to the maximum extent feasible, be prioritized for projects that comply with
289decarbonization and sustainability standards; provided, that prioritization will be determined
290through objective scoring criteria in the Qualified Allocation Plan developed by the executive
291office of housing and livable communities; provided further, that for new construction projects,
292the applicable standards for prioritization are set forth in the commonwealth’s Opt-in Specialized
293Energy Code set forth at 225 CMR §§ 22.00 and 23.00 and Enterprise Green Communities
294standards; provided further, that any project proposing less than full compliance with said
295standards shall provide detailed analysis demonstrating why full compliance would render the
296project infeasible notwithstanding utilization of all available federal and state incentives,
297including rebates and tax credits; provided further, that for retrofits of existing units,
298prioritization shall be given to projects that include energy efficiency and electrification
299decarbonization measures, including, but not limited to electric or ground source heat pumps,
300net-zero developments, Passive House or equivalent energy efficiency certification, and all-
301electric buildings and projects that incorporate green, sustainable and climate-resilient elements;
302provided further, that projects that include lower embodied carbon construction materials and
303methods shall be further prioritized; and provided further, that up to $50,000,000 of the funds
304made available in this item may be used to create and maintain opportunities for homeownership
305for first time homebuyers; provided, that funds shall be expended to create and enhance access to
306homeownership in order to foster long-term benefits for housing security, health and economic
307outcomes and to address a systemic homeownership gap in socially disadvantaged communities
308and among targeted populations; provided further, that funds may be expended for down 15 of 126
309payment assistance programs, mortgage insurance programs and mortgage interest subsidy
310programs administered by the Massachusetts Housing Finance Agency and the Massachusetts
311Housing Partnership; and provided further, that funds may be expended to first-time homebuyer
312counseling and financial literacy programs;......................$800,000,000
313 7004-0073. For state financial assistance in the form of grants or loans for the Housing
314Stabilization and Investment Trust Fund established in section 2 of chapter 121F of the General
315Laws and awarded only pursuant to the criteria established in said section 2 of said chapter 121F;
316provided, that not less than 25 per cent shall be used to fund projects which preserve and produce
317housing for families and individuals with incomes of not more than 30 per cent of the area
318median income, as defined by the United States Department of Housing and Urban
319Development; provided further, that if the executive office of housing and livable communities
320has not spent the amount authorized under the bond cap for this program, at the end of each year
321following the effective date of this act, the executive office may award the remaining funds to
322projects that serve households earning more than 30 per cent of the area median income, as
323defined by the United States Department of Housing and Urban Development; provided further,
324that funds expended from this item shall, to the maximum extent feasible, be prioritized for
325projects that comply with decarbonization and sustainability standards; provided, that
326prioritization will be determined through objective scoring criteria in the Qualified Allocation
327Plan developed by the executive office of housing and livable communities; provided further,
328that for new construction projects, the applicable standards for prioritization are set forth in the
329commonwealth’s Opt-in Specialized Energy Code set forth at 225 CMR §§ 22.00 and 23.00 and
330Enterprise Green Communities standards; provided further, that any project proposing less than
331full compliance with said standards shall provide detailed analysis demonstrating why full 16 of 126
332compliance would render the project infeasible notwithstanding utilization of all available
333federal and state incentives, including rebates and tax credits; provided further, that for retrofits
334of existing units, prioritization shall be given to projects that include energy efficiency and
335electrification decarbonization measures, including, but not limited to electric or ground source
336heat pumps, net-zero developments, Passive House or equivalent energy efficiency certification,
337and all-electric buildings and projects that incorporate green, sustainable and climate-resilient
338elements; provided further, that projects that include lower embodied carbon construction
339materials and methods shall be further prioritized;.................$425,000,000
340 7004-0074. For state financial assistance in the form of grants for projects undertaken
341pursuant to clause (j) of section 26 of chapter 121B of the General Laws; provided, that contracts
342entered into by the executive office of housing and livable communities for those projects may
343include, but shall not be limited to, projects providing for renovation, remodeling, reconstruction,
344redevelopment and hazardous material abatement, including asbestos and lead paint, and for
345compliance with state codes and laws and for adaptations necessary for compliance with the
346Americans with Disabilities Act of 1990, the provision of day care facilities, learning centers and
347teen service centers and the adaptation of units for families and persons with disabilities;
348provided further, that priority shall be given to projects undertaken for the purpose of compliance
349with state codes and laws or for other purposes related to the health and safety of residents;
350provided further, that funds may be expended from this item to make such modifications to
351congregate housing units as may be necessary to increase the occupancy rate of those units;
352provided further, that the executive office shall continue to fund a program to provide predictable
353funds to be used flexibly by housing authorities for capital improvements to extend the useful
354life of state-assisted public housing; provided further, that not less than 25 per cent of the funds 17 of 126
355made available in this item shall be used to fund projects which preserve or produce housing for
356families and individuals with incomes of not more than 30 per cent of the area median income, as
357defined by the United States Department of Housing and Urban Development; provided further,
358that not less than $15,000,000 of the funds made available in this item shall be used to increase
359accessibility of state-aided public housing for persons with disabilities; provided further, that up
360to $150,000,000 of the funds made available in this item may be used to fund projects that
361include sustainability initiatives to reduce greenhouse gas emissions and make progress towards
362decarbonization through energy efficiency and electrification decarbonization measures,
363including, but not limited to electric or ground source heat pumps, net-zero developments,
364Passive House or equivalent energy efficiency certification, and all-electric buildings and
365projects that incorporate green, sustainable and climate-resilient elements; provided further, that
366projects that include lower embodied carbon construction materials and methods shall be further
367prioritized; and provided further, that funds made available in this item shall, to the extent
368feasible, be used in accordance with the Massachusetts State Hazard Mitigation and Climate
369Adaptation Plan… .....................................................$1,500,000,000
370 7004-0075. For state financial assistance in the form of grants for a demonstration
371program, administered by the executive office of housing and livable communities to
372demonstrate cost effective revitalization methods for state-aided family and elderly-disabled
373public housing that seek to reduce the need for future state modernization funding; provided, that
374housing authorities with state-aided housing developments pursuant to chapter 200 of the acts of
3751948, chapter 667 of the acts of 1954, chapter 705 of the acts of 1966, chapter 689 of the acts of
3761974 or chapter 167 of the acts of 1987 shall be eligible to participate in the demonstration
377program; provided further, that the executive office may exempt a recipient of demonstration 18 of 126
378grants from the requirements of chapters 7C and 121B of the General Laws upon a showing by
379the recipient that such exemptions are necessary to accomplish the effective revitalization of
380public housing and shall not adversely affect public housing residents or applicants of any
381income who are otherwise eligible; provided further, that the executive office may provide to
382recipients of demonstration grants such additional regulatory relief as may be required to further
383the objectives of the demonstration program; provided further, that funds may be made available
384for technical assistance provided by the Community Economic Development Assistance
385Corporation established in chapter 40H of the General Laws or the Massachusetts Housing
386Partnership Fund established in section 35 of chapter 405 of the acts of 1985 to recipients of
387demonstration grants and for evaluation of the demonstration; provided further, that the
388executive office’s regulations for the implementation, administration and enforcement of this
389item shall: (i) require that selected housing authorities demonstrate innovative and replicable
390solutions to the management, marketing or capital needs of state-aided family and elderly-
391disabled public housing developments and contribute to the continued viability of the housing as
392a resource for public housing eligible residents; (ii) encourage proposals that demonstrate
393regional collaborations among housing authorities; and (iii) encourage proposals that propose
394new affordable housing units on municipally-owned land, underutilized public housing sites or
395other land owned by the housing authority; provided further, that funds expended from this item
396shall, to the maximum extent feasible, be prioritized for projects that comply with
397decarbonization and sustainability standards; provided, that prioritization will be determined
398through objective scoring criteria in the Qualified Allocation Plan developed by the executive
399office of housing and livable communities; provided further, that for new construction projects,
400the applicable standards for prioritization are set forth in the commonwealth’s Opt-in Specialized 19 of 126
401Energy Code set forth at 225 CMR §§ 22.00 and 23.00 and Enterprise Green Communities
402standards; provided further, that any project proposing less than full compliance with said
403standards shall provide detailed analysis demonstrating why full compliance would render the
404project infeasible notwithstanding utilization of all available federal and state incentives,
405including rebates and tax credits; provided further, that for retrofits of existing units,
406prioritization shall be given to projects that include energy efficiency and electrification
407decarbonization measures, including, but not limited to electric or ground source heat pumps,
408net-zero developments, Passive House or equivalent energy efficiency certification, and all-
409electric buildings and projects that incorporate green, sustainable and climate-resilient elements;
410provided further, that projects that include lower embodied carbon construction materials and
411methods shall be further prioritized; ..............................................$100,000,000
412 7004-0076. For state financial assistance in the form of grants or loans for the Housing
413Innovations Trust Fund established in section 2 of chapter 121E of the General Laws; provided,
414that not less than 25 per cent of the funds made available in this item shall be used to fund
415projects which preserve and produce housing for families and individuals with incomes of not
416more than 30 per cent of the area median income, as defined by the United States Department of
417Housing and Urban Development; and provided further, that funds expended from this item
418shall, to the maximum extent feasible, be prioritized for projects that comply with
419decarbonization and sustainability standards; provided, that prioritization will be determined
420through objective scoring criteria in the Qualified Allocation Plan developed by the executive
421office of housing and livable communities; provided further, that for new construction projects,
422the applicable standards for prioritization are set forth in the commonwealth’s Opt-in Specialized
423Energy Code set forth at 225 CMR §§ 22.00 and 23.00 and Enterprise Green Communities 20 of 126
424standards; provided further, that any project proposing less than full compliance with said
425standards shall provide detailed analysis demonstrating why full compliance would render the
426project infeasible notwithstanding utilization of all available federal and state incentives,
427including rebates and tax credits; provided further, that for retrofits of existing units,
428prioritization shall be given to projects that include energy efficiency and electrification
429decarbonization measures, including, but not limited to electric or ground source heat pumps,
430net-zero developments, Passive House or equivalent energy efficiency certification, and all-
431electric buildings and projects that incorporate green, sustainable and climate-resilient elements;
432provided further, that projects that include lower embodied carbon construction materials and
433methods shall be further prioritized…...........$200,000,000
434 7004-0077. For a local capital projects grant program to support and encourage
435implementation of the housing choice designation for communities that have demonstrated
436housing production and adoption of housing best practices, including a grant program to assist
437MBTA communities in complying with the multi-family zoning requirement in section 3A of
438chapter 40A of the General Laws....................$35,000,000
439 7004-0078. For state financial assistance in the form of no interest loans, grants,
440subsidies, credit enhancements and other financial assistance for innovative, sustainable and
441green housing initiatives; provided that entities eligible to receive financial assistance under this
442item shall include qualified for-profit or non-profit developers, community development
443corporations, local housing authorities, community action agencies, community-based or
444neighborhood-based non-profit housing organizations, other non-profit organizations and for-
445profit entities, and governmental bodies; provided further, that funds may be used to assist units
446occupied by and affordable to persons with incomes not more than 110 per cent of the area 21 of 126
447median income, as defined by the United States Department of Housing and Urban Development
448with priority given to projects that provide higher and deeper levels of affordability; provided
449further, that not less than 25 per cent of the occupants of housing in projects assisted by this item
450shall be persons whose income is not more than 60 per cent of the area median income, as
451defined by the United States Department of Housing and Urban Development; provided further,
452that financial assistance shall be awarded in a manner that promotes geographic, social, racial
453and economic equity; provided further, that funds expended from this item shall, to the
454maximum extent feasible, be prioritized for projects that comply with decarbonization and
455sustainability standards; provided, that prioritization will be determined through objective
456scoring criteria in the Qualified Allocation Plan developed by the executive office of housing and
457livable communities; provided further, that for new construction projects, the applicable
458standards for prioritization are set forth in the commonwealth’s Opt-in Specialized Energy Code
459set forth at 225 CMR §§ 22.00 and 23.00 and Enterprise Green Communities standards; provided
460further, that any project proposing less than full compliance with said standards shall provide
461detailed analysis demonstrating why full compliance would render the project infeasible
462notwithstanding utilization of all available federal and state incentives, including rebates and tax
463credits; provided further, that for retrofits of existing units, prioritization shall be given to
464projects that include energy efficiency and electrification decarbonization measures, including,
465but not limited to electric or ground source heat pumps, net-zero developments, Passive House or
466equivalent energy efficiency certification, and all-electric buildings and projects that incorporate
467green, sustainable and climate-resilient elements; provided further, that projects that include
468lower embodied carbon construction materials and methods shall be further prioritized; and
469provided further, that financial assistance under this item shall be for the following purposes: (a) 22 of 126
470to accelerate and support innovative strategies for the production of affordable and mixed-
471income housing developments and other market transformation activities, including but not
472limited to: (i) re-use of commercial space, office space, and underutilized state- or locally-
473controlled land or assets, including, but not limited to, brownfield or greyfield sites, or other
474property that the secretary of housing and livable communities has determined is suitable for
475sustainable residential or mixed-use development, (ii) modular construction, manufactured
476housing, and other innovative housing models that offer development or operating cost savings,
477utilize advanced and applied technologies, provide efficiencies to help accelerate production and
478that incorporate energy efficiency or energy conservation into their design, construction or
479rehabilitation, (iii) accessory dwelling units and co-housing models; and (v) other market
480transformation efforts to be determined by the executive office of housing and livable
481communities, which may include, but not be limited to, any pilot program or demonstration
482program that is consistent with the purposes of this item; provided, that such strategies may
483include a mixed income social housing pilot program in which a local or regional housing
484authority or other public or quasi-public entity maintains majority ownership or control of such
485housing; (b) to accelerate and support the creation of low-income and moderate-income
486residential housing units and mixed use developments that include both residential housing units
487and commercial or retail space in close proximity to transit nodes or within neighborhood
488commercial areas including, but not limited to, those areas designated as main street areas;
489provided, that the program shall be administered to: (i) maximize the amount of affordable
490residential and mixed-use space in close proximity to transit nodes or within neighborhood
491commercial areas, resulting in higher density, compact development and pedestrian-friendly,
492inclusive and connected neighborhoods; (ii) increase mass transit ridership; (iii) decrease traffic 23 of 126
493congestion and reduce greenhouse gas emissions; and (iv) increase economic opportunity for
494disadvantaged populations by making it easier for residents of affordable housing to access
495public transportation, including transportation supporting commutes to employment centers;
496provided further, that the program may be administered to include projects which have
497residential units above commercial space located in areas characterized by a predominance of
498commercial land uses, a high daytime or business population or a high concentration of daytime
499traffic and parking, provided, that the financial subsidy for the commercial portion of a project
500shall not exceed the lower of 25 per cent of the total development cost of the commercial portion
501of the project or $1,000,000; provided further, that the executive office may provide financial
502support to non-profit and for-profit developers that enter into binding agreements to set aside
503residential units in existing market-rate, transit-oriented housing, over and above any units
504required to be set aside under local zoning or approvals, for rent or sale to income-qualified
505households at affordable rents or sale prices, as applicable; (c) to accelerate and support the
506creation and preservation of sustainable and climate resilient affordable multifamily housing;
507provided, that such financial assistance shall be made to: (i) incorporate efficient, sustainable
508and climate resilient design practices in affordable residential development to support positive
509climate mitigation outcomes; (ii) reduce greenhouse gas emissions and reliance on fossil fuels;
510(iii) increase resiliency of existing housing developments to mitigate impacts of climate change,
511including flooding and extreme temperatures; and (iv) enhance emergency preparedness,
512including sustainable means of power generation to allow for sheltering vulnerable populations
513in place. Provided, that financial assistance provided pursuant to clause (a) or clause (c) may be
514administered by the executive office of housing and livable communities through contracts with
515the Massachusetts Housing Partnership Fund, established in section 35 of chapter 405 of the acts 24 of 126
516of 1985, or the Massachusetts Housing Finance Agency, established in chapter 708 of the acts of
5171966, or both, which may, as the case may be, directly offer financial assistance for the purposes
518set forth herein or may enter into subcontracts with non-profit organizations, established
519pursuant to chapter 180 of the General Laws for those purposes; provided further, that financial
520assistance provided pursuant to clause (b) may be administered by said executive office through
521contracts with said Massachusetts Housing Partnership Fund; and provided further, that the
522executive office of housing and livable communities or an administering agency under contract
523with said executive office may establish additional program requirements through regulations or
524policy
525guidelines……………………………………………………………………...$275,000,000
526 7004-0079. For the Smart Growth Housing Trust Fund established in section 35AA of
527chapter 10 of the General Laws…………………………………………………..$20,000,000
528 7004-0080. For the Middle-Income Housing Fund administered by the Massachusetts
529Housing Finance Agency.......................................$100,000,000
530 7004-0081. For a reserve to support the production of for-sale, below market housing to
531expand homeownership opportunities for first-time homebuyers and socially and economically
532disadvantaged individuals ; provided, that grants and loans to developers shall be used to
533facilitate production of affordable homeownership units for households earning up to 120 per
534cent of the area median income; provided further, that projects with units restricted to households
535earning not more than 80 per cent of the area median income shall receive preference; provided
536further, that funds expended from this item shall, to the maximum extent feasible, be prioritized
537for projects that comply with decarbonization and sustainability standards; provided, that 25 of 126
538prioritization will be determined through objective scoring criteria in the Qualified Allocation
539Plan developed by the executive office of housing and livable communities; provided further,
540that for new construction projects, the applicable standards for prioritization are set forth in the
541commonwealth’s Opt-in Specialized Energy Code set forth at 225 CMR §§ 22.00 and 23.00 and
542Enterprise Green Communities standards; provided further, that any project proposing less than
543full compliance with said standards shall provide detailed analysis demonstrating why full
544compliance would render the project infeasible notwithstanding utilization of all available
545federal and state incentives, including rebates and tax credits; provided further, that for retrofits
546of existing units, prioritization shall be given to projects that include energy efficiency and
547electrification decarbonization measures, including, but not limited to electric or ground source
548heat pumps, net-zero developments, Passive House or equivalent energy efficiency certification,
549and all-electric buildings and projects that incorporate green, sustainable and climate-resilient
550elements; provided further, that projects that include lower embodied carbon construction
551materials and methods shall be further prioritized; provided further, that the minimum number of
552units for qualifying projects under the program shall be 10 units; provided further, that funds in
553this item shall be distributed in a manner that promotes geographic equity; and provided further,
554that grants may include a requirement for matching funds; provided further, that the executive
555office of housing and livable communities may enter into such contracts and agreements with the
556Massachusetts Housing Finance Agency, or such other public agencies and instrumentalities as it
557may determine, for the administration of such program; and provided further, that not more than
5585 per cent of this item may be used for the reasonable costs of administering the
559program....................................$100,000,000 26 of 126
560 7002-0082. For grants and technical assistance to be made to municipalities and regional
561applicants to support planning and locally-driven initiatives related to community development,
562housing production, workforce training and economic opportunity, childcare and early education
563initiatives and climate resilience initiatives, including nature-based solutions projects, that
564incorporate these elements, across the commonwealth within individual communities, regions or
565a defined subset of communities therein; provided, that funds may be expended for culturally
566competent and multi-lingual technical assistance and training to small businesses; provided
567further, that preference for these funds shall be given to businesses located in low- or moderate-
568income areas and owned by women, veterans, minorities or immigrants; and provided further,
569that grants shall be awarded in a manner that promotes geographic equity.................$25,000,000
570 7004-0083. For the HousingWorks infrastructure program established by section 27½ of
571chapter 23B of the General Laws…………………………………………..$175,000,000
572 7004-0085. For state financial assistance to cities and towns or agencies, boards,
573commissions, authorities, departments or instrumentalities thereof or community development
574corporations or non-profit organizations to assist in the revitalization of neighborhoods and
575communities with properties in blighted or substandard conditions by subsidizing the purchase
576price, borrowing costs or costs of demolition or renovation of up to 50 units of residential rental
577housing or 1 to 4 units of home ownership residential housing that have been cited for building
578or sanitary code violations or that are subject to cancellation of commercial property insurance
579due to substandard property conditions or are otherwise blighted or substandard; provided, that
580contracts entered into by the executive office of housing and livable communities for those
581projects may include, but shall not be limited to, projects providing for demolition, renovation,
582remodeling, reconstruction, redevelopment and hazardous material abatement, including asbestos 27 of 126
583and lead paint, and for compliance with state codes and laws and for adaptations necessary for
584compliance with the federal Americans with Disabilities Act of 1990; provided further, that
585preference shall be given to community development corporations and local non-profit
586organizations, organizations sponsoring projects that secure private funds and projects with the
587greatest impact on community stabilization in weak markets including, but not limited to, rural
588communities and communities that have been disproportionately affected by disinvestment,
589foreclosure and abandonment; provided further, that financial assistance shall be awarded in a
590manner that promotes geographic, social, racial, and economic equity; provided further, that
591funds expended from this item shall, to the maximum extent feasible, be prioritized for projects
592that comply with decarbonization and sustainability standards; provided, that prioritization will
593be determined through objective scoring criteria in the Qualified Allocation Plan developed by
594the executive office of housing and livable communities; provided further, that for new
595construction projects, the applicable standards for prioritization are set forth in the
596commonwealth’s Opt-in Specialized Energy Code set forth at 225 CMR §§ 22.00 and 23.00 and
597Enterprise Green Communities standards; provided further, that any project proposing less than
598full compliance with said standards shall provide detailed analysis demonstrating why full
599compliance would render the project infeasible notwithstanding utilization of all available
600federal and state incentives, including rebates and tax credits; provided further, that for retrofits
601of existing units, prioritization shall be given to projects that include energy efficiency and
602electrification decarbonization measures, including, but not limited to electric or ground source
603heat pumps, net-zero developments, Passive House or equivalent energy efficiency certification,
604and all-electric buildings and projects that incorporate green, sustainable and climate-resilient
605elements; provided further, that projects that include lower embodied carbon construction 28 of 126
606materials and methods shall be further prioritized; provided further, that such rehabilitated
607housing shall remain affordable for such period as shall be established by the executive office
608through guidance taking into account differences in market conditions and the type of restrictions
609best suited to promoting community stabilization in different markets; and provided further, that
610an amount not to exceed 2 per cent of the amount expended may pay for administrative costs
611directly attributable to the purposes of this program, including costs of support
612personnel......................................................$50,000,000
613 SECTION 5.
614 EXECUTIVE OFFICE OF HOUSING AND LIVABLE COMMUNITIES
615 7004-4784. For the Massachusetts Housing Finance Agency established by section 3 of
616chapter 708 of the acts of 1966, to capitalize a permanent, revolving Residential Production
617Momentum Fund for the purpose of accelerating the development of mixed-income and
618workforce multifamily housing production projects by providing financial assistance in the form
619of innovative, low-cost, and flexible capital funding, which may be in the form of debt, equity, or
620other instruments, depending on individual underwriting needs of the project; provided that not
621less than 20 per cent of the units in a project that receives such financial assistance shall be
622restricted to households with incomes generally between 60 per cent and 120 per cent of area
623median income; provided further that, notwithstanding paragraph (f) of section 5 of said chapter
624708, the Agency may in its discretion set the term and prepayment options for any mortgage or
625other loan or instrument issued to any project receiving such financial assistance based on the
626individual underwriting needs of the project; provided further that such financial assistance shall
627be awarded in a manner that promotes geographic equity; and provided further, that funds 29 of 126
628expended from this item shall, to the maximum extent feasible, be prioritized for projects that
629comply with decarbonization and sustainability standards; provided, that prioritization will be
630determined through objective scoring criteria in the Qualified Allocation Plan developed by the
631executive office of housing and livable communities; provided further, that for new construction
632projects, the applicable standards for prioritization are set forth in the commonwealth’s Opt-in
633Specialized Energy Code set forth at 225 CMR §§ 22.00 and 23.00 and Enterprise Green
634Communities standards; provided further, that any project proposing less than full compliance
635with said standards shall provide detailed analysis demonstrating why full compliance would
636render the project infeasible notwithstanding utilization of all available federal and state
637incentives, including rebates and tax credits; provided further, that for retrofits of existing units,
638prioritization shall be given to projects that include energy efficiency and electrification
639decarbonization measures, including, but not limited to electric or ground source heat pumps,
640net-zero developments, Passive House or equivalent energy efficiency certification, and all-
641electric buildings and projects that incorporate green, sustainable and climate-resilient elements;
642provided further, that projects that include lower embodied carbon construction materials and
643methods shall be further prioritized....................$50,000,000
644 SECTION 6. Section 20 of chapter 6C of the General Laws, as appearing in the 2022
645Official Edition, is hereby amended by inserting after the second paragraph the following
646paragraph:-
647 Any agreement related to any sale or lease of property may require that a developer
648construct, design, build, finance, operate, or maintain, or any combination thereof, transportation
649facilities in the state highway system, including land and air rights or any related facility or
650component thereof controlled by the department, so long as the department shall state in its bid 30 of 126
651documentation that such transportation facilities or related facility will be accepted or required as
652a part of any such development agreement. No further procurement or advertising requirements
653shall be required, except as required in this section.
654 SECTION 7. Section 46 of said chapter 6C, as so appearing, is hereby amended by
655inserting after the first paragraph the following paragraph:-
656 Any agreement related to any lease of property may require that a developer construct,
657design, build, finance, operate, or maintain, or any combination thereof, transportation facilities
658in the state highway system including land and air rights or any related facility or component
659thereof controlled by the department, so long as the department shall state in its bid
660documentation that such transportation facilities or related facility will be accepted or required as
661a part of any such development agreement. No further procurement or advertising requirements
662shall be required, except as required in section 20.
663 SECTION 8. Subsection (b) of section 1 of said chapter 23B of the General Laws, as
664amended by section 102 of chapter 7 of the acts of 2023, is hereby further amended by inserting
665after clause (xvii) the following clause:-
666 (xviii) Develop and implement, not less than once every 5 years, a written
667comprehensive housing plan for the commonwealth. Such plan shall include, but not be limited
668to, housing supply and demand data, affordability and affordability gaps, identification of
669housing affordability challenges and needs by region, and a listing of strategies to address such
670housing needs. 31 of 126
671 SECTION 9. Section 27½ of chapter 23B of the General Laws, as inserted by section 117
672of chapter 7 of the acts of 2023, is hereby further amended by striking out subsections (a) and (b)
673and inserting in place thereof the following 2 subsections:-
674 (a) There shall be in the executive office of housing and livable communities a
675HousingWorks infrastructure program (i) to issue infrastructure grants that support housing to
676municipalities and other public entities for design, construction, building, rehabilitation, repair,
677and other improvements to infrastructure, including, but not limited to, sewers, utility extensions,
678streets, roads, curb-cuts, parking, water treatment systems, telecommunications systems, transit
679improvements, public parks and spaces that support planned or proposed housing improvements,
680and pedestrian and bicycle ways, that support the objectives of the secretariat; or (ii) to assist
681municipalities to advance projects that support housing development, preservation, or
682rehabilitation. Preference for grants or assistance under this section shall be given to
683infrastructure serving locations within 0.5 miles of a transit station or transit route; other eligible
684locations as defined in section 1A of chapter 40A; and multi-family zoning districts that comply
685with section 3A of said chapter 40A; and projects that support housing in rural and small towns,
686as defined by the executive office.
687 (b) A project that uses grants to municipalities for public infrastructure provided by this
688section shall be procured by a municipality in accordance with chapter 7, section 39M of chapter
68930, chapter 30B and chapter 149.
690 SECTION 10 Chapter 23B of the General Laws, as amended by chapter 7 of the acts of
6912023, is hereby further amended by adding the following 4 sections:-
32 of 126
692 Section 31. (a) As used in this section the following words shall, unless the context
693clearly requires otherwise, have the following meanings:-
694 “Office”, the office of fair housing.
695 “Fair housing trust fund”, the Fair Housing Trust Fund, as established in section
6962BBBBBBB of chapter 29.
697 (b) There shall be within the executive office of housing and livable communities an
698office of fair housing. The office shall be under the supervision and control of a director of fair
699housing who shall be appointed by and report to the secretary of housing and livable
700communities.
701 (c) The office shall:
702 (i) Collaborate with state agencies on policies and actions that would advance the
703elimination of housing discrimination and affirmatively further fair housing, overcome patterns
704of segregation, foster inclusive communities free from barriers that restrict access to opportunity
705for individuals or groups of individuals that are protected from unlawful practices pursuant to
706chapter 151B and help support enforcement of and compliance with all fair housing laws,
707including, but not limited to, chapter 151B and the federal Fair Housing Act, 42 U.S.C. 3601 et
708seq;
709 (ii) facilitate communication and partnership among state agencies and municipalities to
710develop a greater understanding of the intersections between agency activities, municipal
711activities and fair housing;
33 of 126
712 (iii) facilitate the development of interagency initiatives to examine and address the social
713and economic determinants of housing disparity issues including, but not limited to: (A) equal
714access to quality housing; (B) housing affordability; (C) access and proximity to multimodal
715transportation options, including cost; (D) air, water, land usage and quality, including, but not
716limited to consideration of environmental justice principles as defined in section 30 of chapter
71762L; (E) employment and workforce development; (F) access to healthcare; (G) education access
718and quality; and (H) language access; and
719 (iv) administer the Fair Housing Trust Fund.
720 (d) Not less than once every 5 years, the office shall prepare a report evaluating the
721progress of the commonwealth toward eliminating housing discrimination and affirmatively
722furthering fair housing. Said report shall comply with all applicable federal requirements for
723analysis and reporting relating to the commonwealth’s obligation to affirmatively further fair
724housing. Where possible, said report shall include quantifiable measures and comparative
725benchmarks and, where possible, shall detail progress on a regional basis. The office shall hold
726public hearings to gather public information on the topics of the report. In addition, on an annual
727basis, the office shall prepare a supplemental report describing the activities and outcomes of the
728Fair Housing Trust Fund. Both the assessment of fair housing report and the annual supplemental
729reports on the activities and outcomes of the Fair Housing Trust Fund shall be filed with the
730governor, the clerks of the house of representatives and senate and the chairs of the joint
731committee on housing not later than July 1 in the year in which each such report is due. Each
732report shall be posted on the official website of the commonwealth. 34 of 126
733 Section 32. As used in this section and sections 33 through 34, inclusive, the following
734words shall have the following meanings unless the context clearly requires otherwise:-
735 “Executive office”, the executive office of housing and livable communities.
736 “Seasonal community”, a city or town characterized by significant seasonal fluctuations
737in population and employment related to seasonally-based tourism, based on criteria to be
738established by the SCCC.
739 “Secretary”, the secretary of housing and livable communities.
740 “SCCC”, the Seasonal Communities Coordinating Council established pursuant to
741section (b).
742 Section 33. (a) There shall be a seasonal community coordinating council, or SCCC,
743established within the executive office, which shall consist of: the secretary or their designee
744who shall serve as chairperson; 1 person to be appointed by the secretary; the secretary of labor
745and workforce development or a designee; and 4 persons to be appointed by the governor, 1 of
746whom shall be from the western region of the commonwealth, 1 of whom shall be from the
747northeastern region of the commonwealth, 1 of whom shall be from the southeastern region of
748the commonwealth, and 1 of whom shall be from Cape Cod or the Islands. The persons
749appointed by the governor shall have expertise in issues pertaining to municipal government, the
750hospitality industry, the tourism industry, and housing development and finance. Each member
751appointed by the governor shall serve at the pleasure of the governor. The council shall adopt
752by-laws to govern its affairs. 35 of 126
753 (b) The SCCC shall provide advice and recommendations, which shall, at a minimum,
754include regulatory recommendations to the executive office regarding the creation of a process
755for designating cities and towns as seasonal communities. The SCCC also shall provide advice
756and recommendations to the executive office regarding policies or programs to serve the distinct
757needs of seasonal communities, including but not limited to, access to specialized grant programs
758or special consideration under certain state grant programs of general application. The SCCC
759also shall provide advice and recommendations to the executive office as to best practices to
760incentivize production of affordable year-round housing in such communities.
761 (c) The SCCC shall provide its initial report to the executive office within 180 days
762following appointment of its members and shall report annually thereafter with additional
763recommendations.
764 Section 34. A city or town designated by the executive office as a seasonal community,
765by vote of its town meeting, town council or city council, with the approval of the mayor where
766required by law, on its own behalf or in conjunction with one or more cities or towns, may
767exempt from property taxation, under chapter 59, a dwelling unit that is rented on a yearly basis,
768and occupied year-round, for an amount not to exceed 150 per cent the fair market rent as
769established by the United States Department of Housing and Urban Development for the
770applicable metropolitan statistical area. The owner of a dwelling qualifying for exemption under
771this section shall submit to the municipality or its agent documentation, including but not limited
772to a signed lease, necessary to confirm the eligibility of the rental.
773 The amount of the exemption shall be determined by the municipality; provided,
774however, that the amount shall not exceed an amount equal to the tax otherwise owed on the 36 of 126
775property based on the assessed value of the property, including accessory dwelling units,
776multiplied by the square feet of the living space of all dwelling units on the property that qualify
777under this section, divided by the total square feet of structures on the property.
778 SECTION 11. Chapter 29 of the General Laws, as appearing in the 2022 Official Edition,
779is hereby amended by inserting after section 2AAAAAAA the following section:-
780 Section 2BBBBBB. (a) There shall be established and set up on the books of the
781commonwealth a separate fund known as the Fair Housing Trust Fund. There shall be credited to
782said fund revenue from appropriations or other monies authorized by the general court and
783specifically designated for the fund and any gifts, grants, private contributions, investment
784income earned on the fund’s assets and any other sources.
785 (b) The fund shall be administered by the office of fair housing established in section 31
786of chapter 23B and funds shall be expended from the fund for the purpose of eliminating housing
787discrimination and affirmatively furthering fair housing, overcoming patterns of segregation,
788fostering inclusive communities free from barriers that restrict access to opportunity for
789individuals or groups of individuals that are protected from unlawful practices pursuant to
790chapter 151B, and help support enforcement of and compliance with all fair housing laws,
791including, but not limited to, chapter 151B and the federal Fair Housing Act, 42 U.S.C. 3601 et
792seq. Activities eligible for assistance from the trust fund shall include, but not be limited to,
793private enforcement initiatives, education and outreach initiatives, fair housing testing, lending
794discrimination, affirmatively furthering fair housing, and special projects.
795 (c) Amounts credited to the fund shall be expended without further appropriation. Any
796balance in the fund at the close of a fiscal year shall be available for expenditure in subsequent 37 of 126
797fiscal years and shall not be transferred to any other fund or revert to the General Fund; provided
798that the comptroller shall report the amount remaining in the fund at the end of each fiscal year to
799the house and senate committees on ways and means.
800 (d) Grantees eligible for assistance shall include, but not be limited to, fair housing
801assistance programs and fair housing initiative programs, as defined by the U.S. Department of
802Housing and Urban Development, any private, non-profit agency, or any state-funded public
803housing authority.
804 SECTION 12. Section 1A of chapter 40A of the General Laws, as appearing in the 2022
805Official Edition, is hereby amended by striking out the definition of “Accessory Dwelling Unit”
806and inserting in place thereof the following definition:-
807 “Accessory dwelling unit”, a self-contained housing unit, inclusive of sleeping, cooking
808and sanitary facilities on the same lot as a principal dwelling, subject to otherwise applicable
809dimensional and parking requirements, that: (i) maintains a separate entrance, either directly
810from the outside or through an entry hall or corridor shared with the principal dwelling sufficient
811to meet the requirements of the state building code for safe egress; (ii) is not larger in gross floor
812area than 1/2 the gross floor area of the principal dwelling or 900 square feet, whichever is
813smaller; and (iii) is subject to such additional restrictions as may be imposed by a municipality,
814including but not limited to additional size restrictions, and restrictions or prohibitions on short-
815term rental, as defined in section 1 of chapter 64G; provided, however, that no municipality shall
816unreasonably restrict the creation or rental of an accessory dwelling unit that is not a short-term
817rental. 38 of 126
818 SECTION 13. Section 3 of said chapter 40A of the General Laws, as so appearing, is
819hereby amended by adding the following paragraph:-
820 No zoning ordinance or by-law shall prohibit, unreasonably restrict, or require a special
821permit or other discretionary zoning approval for the use of land or structures for an accessory
822dwelling unit, or the rental thereof, in a single-family residential zoning district; provided, that
823the use of land or structures for an accessory dwelling unit under this paragraph may be subject
824to reasonable regulations, including but not limited to 310 CMR 15.000 et seq., if applicable, site
825plan review, regulations concerning dimensional setbacks and the bulk and height of structures
826and may be subject to restrictions and prohibitions on short term rental as defined in section 1 of
827chapter 64G.The use of land or structures for an accessory dwelling unit under this paragraph
828shall not require owner occupancy of either the accessory dwelling unit or the principal dwelling;
829provided further, that not more than 1 additional parking space shall be required for an accessory
830dwelling unit; and provided further, that no additional parking space shall be required for an
831accessory dwelling located not more than 0.5 miles from a commuter rail station, subway station,
832ferry terminal or bus station. The executive office of housing and livable communities may issue
833guidelines or promulgate regulations to carry out the purposes of this paragraph.
834 SECTION 14. Section 3A of said chapter 40A of the General Laws, as amended by
835section 152 of chapter 7 of the acts of 2023, is hereby further amended by striking out the words
836“section 27” and inserting in place thereof the following words:- section 27½.
837 SECTION 15. Section 5 of said chapter 40A of the General Laws, as amended by section
838154 of chapter 7 of the acts of 2023, is hereby further amended by inserting after clause (4) the
839following clause:- 39 of 126
840 (5) an inclusionary zoning ordinance or bylaw; provided, that such zoning ordinance or
841bylaw shall not unduly constrain the production of housing in the area impacted by the
842inclusionary zoning ordinance or bylaw; provided further, that the executive office of housing
843and livable communities may issue guidelines or promulgate regulations consistent with the
844purposes of this clause.
845 SECTION 16. Section 9 of chapter 40H of the General Laws, as appearing in the 2022
846Official Edition, is hereby amended by striking out, in line 1, the words “section 16G” and
847inserting in place thereof the following words:- section 16G½.
848 SECTION 17. Said section 9 of said chapter 40H, as so appearing, is hereby further
849amended by striking out the words “and section 56 of chapter 23A”.
850 SECTION 18. Paragraph (1) of subsection (c) of section 55C of chapter 44, as appearing
851in the 2022 Official Edition, is hereby amended by inserting in line 35, after the words “money
852from chapter 44B”, the following words:- and section 55D; provided, however, that any such
853money received from section 55D shall be used exclusively for adaptive reuse, production or
854preservation of affordable housing, uses allowed by the municipal affordable housing trust fund
855established hereunder or a regional affordable housing commission fund established by general
856or special law, for assistance to a housing authority as defined under section 1 of chapter 121B or
857other affordable housing purposes as determined by the Executive Office of Housing and Livable
858Communities.
859 SECTION 19. Said section 55C of said chapter 44, as so appearing, is hereby further
860amended, by inserting after the word “fee,”, in line 99, the following words:- transfer fee
861pursuant to section 55D. 40 of 126
862 SECTION 20. Said chapter 44 is hereby further amended by inserting after section 55C
863the following section:-
864 Section 55D. (a) For purposes of this section, the following words shall, unless the
865context clearly requires otherwise, have the following meanings:-
866 “Affidavit of transfer fee”, an affidavit signed under the pains and penalties of perjury by
867the settlement agent that attests to (i) the true and complete purchase or sale price of the transfer
868of the real property interest; (ii) the amount of the transfer fee owed or the basis, if any, upon
869which the transfer is exempt from the fee imposed by said transfer; (iii) the amount that the seller
870shall pay as required by the bylaw, ordinance or regulation; and (iv) the obligation of the
871settlement agent to make payment of the transfer fee to the city or town.
872 “Affordable housing purposes” uses allowed by the municipal affordable housing trust
873fund or regional affordable housing commission fund into which funds are deposited hereunder,
874which shall include the acquisition, construction, rehabilitation, and preservation of affordable
875housing for the benefit of low- and moderate-income households as defined in such municipal
876affordable housing trust fund or regional affordable housing commission fund, assistance to a
877housing authority as defined under section 1 of chapter 121B or other affordable housing
878purposes pursuant to regulations promulgated by the executive office of housing and livable
879communities.
880 “Affordable housing restriction", a recorded instrument held by a qualified holder which
881encumbers or restricts a real property interest so that the real property interest is perpetually or
882for a term of at least 30 years limited to use as a residence occupied by a low or moderate income
883household with area median income, as defined by the United States Department of Housing and 41 of 126
884Urban Development, not to exceed the income limits to which the municipal affordable housing
885trust fund or regional affordable housing commission fund is subject.
886 “Member cities and towns”, cities or towns that are members of a regional affordable
887housing commission.
888 “Municipal affordable housing trust fund”, a municipal affordable housing trust fund
889established pursuant to section 55C, or any other municipal trust fund established pursuant to a
890law of the commonwealth providing for the creation and preservation of affordable housing in a
891particular city or town for the benefit of low- and moderate-income households or for the
892funding of community housing, as defined in and in accordance with chapter 44B.
893 "Purchaser", the transferee, grantee, or recipient of any real property interest.
894 "Purchase price" or “sale price,” all consideration paid or transferred by or on behalf of a
895purchaser to a seller or the seller’s nominee, or for the seller’s benefit, for the transfer of any real
896property interest, and shall include, but not be limited to: (i) all cash or its equivalent so paid or
897transferred; (ii) all cash or other property paid or transferred by or on behalf of the purchaser to
898discharge or reduce any obligation of the seller; (iii) the principal amount of all notes or their
899equivalent, or other deferred payments, given or promised to be given by or on behalf of the
900purchaser to the seller or the seller’s nominee; (iv) the outstanding balance of all obligations of
901the seller which are assumed by the purchaser or to which the real property interest transferred
902remains subject after the transfer, determined at the time of transfer, but excluding real estate
903taxes and other municipal liens or assessments which are not overdue at the time of transfer; (v)
904the fair market value, at the time of transfer, of any other consideration or thing of value paid or 42 of 126
905transferred by or on behalf of the purchaser, including, but not limited to, any property, goods or
906services paid, transferred or rendered in exchange for such real property interest.
907 “Qualified holder”, a governmental body or charitable corporation or trust which
908qualifies under the terms of chapter 184 to hold an affordable housing restriction.
909 "Real property interest", any present or future legal or equitable interest in or to real
910property, and any beneficial interest therein, including the interest of any beneficiary in a trust
911which holds any legal or equitable interest in real property, the interest of a partner or member in
912a partnership or limited liability company, the interest of a stockholder in a corporation, the
913interest of a holder of an option to purchase real property, the interest of a purchaser or seller
914under a contract for purchase and sale of real property, and the transferable development rights
915created under chapter 183A; but shall not include any interest which is limited to any of the
916following: the dominant estate in any easement or right of way; the right to enforce any
917restriction; any estate at will or at sufferance; any estate for years having a term of less than 30
918years; any reversionary right, condition, or right of entry for condition broken; and the interest of
919a mortgagee or other secured party in any mortgage or security agreement.
920 “Regional affordable housing commission”, a regional planning and land use commission
921created by any general or special law with authority to prepare and oversee the implementation
922of a regional land-use policy plan for a region of the Commonwealth comprising at least one
923county, and whose membership includes all of the cities or towns in such region; provided, that
924the regional commission’s statutory purposes and authority shall include promoting the creation
925of fair affordable housing for low-income and moderate-income persons; provided further, that a
926regional affordable housing commission may be an agency within the structure of a regional 43 of 126
927government, including, but not limited to the Cape Cod regional government, known as
928Barnstable county; and provided further, that said regional government may require additional
929procedures for member cities and towns to adopt a transfer fee that are not inconsistent with this
930section, including, but not limited to procedures for adopting bylaws and ordinances, establishing
931a transfer fee and administering the collection of a transfer fee established pursuant to this
932section.
933 “Regional affordable housing commission fund”, a fund established by general or special
934law for the creation and preservation of affordable housing, as defined in the general or special
935law establishing such fund, in a particular region comprising at least one county.
936 "Seller", the transferor, grantor, or immediate former owner of any real property interest.
937 “Settlement Agent”, an escrow agent, real estate attorney, or representative of a lender or
938title company that conducts the closing or settlement of the sale or transfer of a real property
939interest including the coordination of the attendance and document signing for all the parties,
940verification that each party to the transfer has performed their required responsibilities as
941outlined in the contract and the disbursement of all funds, along with the title and deed, to the
942appropriate parties after checking that all conditions are met at the close of the transfer
943transaction.
944 "Time of transfer", the time at which a transfer of a real property interest is legally
945effective as between the parties thereto, and, in any event, with respect to a transfer evidenced by
946an instrument recorded with the appropriate registry of deeds or filed with the assistant recorder
947of the appropriate registry district, not later than the time of such recording or filing. 44 of 126
948 “Transfer fee”, a fee, to be paid by the seller pursuant to this section, upon the transfer of
949a real property interest between a seller and a buyer.
950 (b) (1) A city or town that has established a municipal affordable housing trust fund, or a
951regional affordable housing commission that has established a regional affordable housing
952commission fund, as applicable, may, pursuant to subsection (e), impose a fee upon the transfer
953of any real property interest in any real property situated in the city or town, or real property
954situated in the member cities and towns, as described and as subject to conditions and
955exemptions described herein; provided, that a city or town that is an MBTA community as
956defined in section 1A of chapter 40A shall not impose a transfer fee pursuant to this section
957unless such city or town has been determined by the executive office of housing and livable
958communities to be in compliance with section 3A of chapter 40A; and provided further, that
959member cities and towns shall not impose a fee pursuant to this section if a transfer fee is in
960effect pursuant to the adoption of such fee by the applicable regional affordable housing
961commission under subsection (e).
962 (2) A city, town or regional affordable housing commission, as applicable, may establish
963different transfer fee rates for different classifications of properties, defined by the tax
964classification of such properties, and the purchase price of a property; provided, however, that
965any transfer fee shall be not less than 0.5 per cent and not more than 2 per cent of the portion of
966the purchase price of such real property interest in excess of the exemption threshold established
967pursuant to paragraph (1) of subsection (c).
968 (3) The transfer fee shall be borne by the seller. 45 of 126
969 (4) The seller or settlement agent shall, in advance of the time of transfer, request and the
970city or town or regional affordable housing commission, as applicable, shall provide to said seller
971or settlement agent in advance of the time of transfer a certificate indicating the dollar amount of
972the transfer fee owed based on the agreed upon purchase price as evidenced by an executed
973purchase and sale agreement, contract for sale or other document evidencing the agreed upon
974purchase price or that the transfer is exempt from the transfer fee, stating the basis for the
975exemption.
976 (5) Whenever the transfer of a real property interest will occur at or about the same time
977as a conveyance of personalty related thereto, the calculation of the fee with respect to such
978transfer shall be determined by the city or town or regional affordable housing commission, as
979applicable; provided, that the allocations of payments between real estate and personalty agreed
980to by the purchaser and seller shall not determine the calculation of the transfer fee due pursuant
981to this section.
982 (6) The transfer fee shall be paid within 7 days of the time of transfer by the settlement
983agent to the city or town, or its designee, or to the regional affordable housing commission or its
984designee, as applicable and shall be accompanied by a copy of the deed or other instrument
985recorded or registered with the registry of deeds for the county in which the real property interest
986is located, or the assistant recorder for the registry district of the county in which the real
987property interest is located, and a copy of the affidavit of transfer fee. The city or town, or its
988designee, or the regional affordable housing commission, or its designee as applicable, shall
989promptly thereafter execute and issue a certificate indicating that the appropriate fee has been
990paid. 46 of 126
991 (7) Upon receipt of a transfer fee by a city or town, the treasurer of the city or town shall
992deposit the transfer fee in the city or town’s municipal affordable housing trust fund. Upon
993receipt of a transfer fee by a regional affordable housing commission, or its designee, the
994regional affordable housing commission, or its designee, shall deposit the transfer fee into the
995regional affordable housing commission fund.
996 (c) (1) The following transfers of real property interests shall be exempt from a transfer
997fee established pursuant to this section:
998 (i) Transfers for less than the greater of $1,000,000 or 100 per cent of the median single
999family home sales price for that county; provided, that a municipality or regional affordable
1000housing commission, as applicable, may adopt a higher threshold pursuant to this section. The
1001county median sales price for a single-family home shall be determined annually by April 1st of
1002each calendar year by the executive office of housing and livable communities.
1003 (ii) Transfers made as gifts with consideration of less than $100;
1004 (iii) Transfers from the government of the United States, the Commonwealth and any of
1005their instrumentalities, agencies, or subdivisions, including but not limited to transfers from the
1006city, town, local housing authority or regional housing commission;
1007 (iv) Distributions by the trustees of a trust to the beneficiaries of such trust;
1008 (v) Transfers to the trustees of a trust in exchange for a beneficial interest received by the
1009seller in such trust;
1010 (vi) Transfers between family members as defined by bylaw, ordinance or regulations
1011adopted by a city, town or regional affordable housing commission, as the case may be; 47 of 126
1012 (vii) Transfers which, without additional consideration, confirm, correct, modify, or
1013supplement a transfer previously made;
1014 (viii) Transfers by operation of law without actual consideration, including but not
1015limited to transfers occurring by virtue of the death or bankruptcy of the owner of a real property
1016interest;
1017 (ix) Transfers made in partition of land and improvements thereto, pursuant to chapter
1018241;
1019 (x) Transfers to any charitable or religious organization, as defined pursuant to section 5
1020of chapter 59; provided, however, that the real property interest so transferred will be held by the
1021charitable or religious organization solely for affordable housing-related uses that are consistent
1022with the uses allowed by the municipal affordable housing trust fund or regional affordable
1023housing commission fund, as applicable; and provided, further, that such housing shall be subject
1024to an affirmative fair housing marketing plan approved by the executive office of housing and
1025livable communities;
1026 (xi) Transfers to a mortgagee in foreclosure of the mortgage held by such mortgagee, and
1027transfers of the property subject to a mortgage to the mortgagee in consideration of the
1028forbearance of the mortgagee from foreclosing said mortgage;
1029 (xii) Transfers consisting of the division of marital assets under the provisions of section
103034 of chapter 208 or other provisions of law; and
1031 (xiii) Transfers of an interest in real property containing not less than 3 residential units
1032in which not less than 1 residential unit or 25 per cent of the residential units, whichever is 48 of 126
1033greater, is governed by affordable housing restrictions; provided, however, that if less than 100
1034per cent of the residential units are governed by affordable housing restrictions, the exemption
1035shall apply only to the portion of the property that is governed by affordable housing restrictions
1036and the transfer fee imposed pursuant to this section shall be proportionately reduced based on
1037the percentage of residential units subject to affordable housing restrictions, as compared to the
1038total number of units located on that property.
1039 (2) The payor of the transfer fee shall have the burden of proving that an exemption
1040applies to a transfer of real property interest pursuant to this section; and provided further, that
1041any otherwise exempt transfer shall not be exempt in the event that such transfer, by itself or as
1042part of a series of transfers, was made for the primary purpose of evading the fee established
1043pursuant to this section.
1044 (d) The city or town’s treasurer, or the treasurer or other person designated by the
1045regional affordable housing commission, as applicable, shall keep a full and accurate account
1046stating when, from or to whom, and on what account, money has been paid or received relative
1047to the activities of the municipal or regional affordable housing trust fund.
1048 (e)(1) The adoption of any transfer fee pursuant to subsection (b) shall be determined by
1049either (i) a majority vote by the city or town’s legislative body or (ii) with respect to a regional
1050affordable housing commission, by the terms of, or in accordance with, the procedures
1051established by such commission; provided, that member cities and towns may adopt a transfer
1052fee pursuant to clause (i) if a transfer fee is not in effect for the applicable regional affordable
1053housing commission pursuant to clause (ii); and provided further, that a transfer fee adopted by 49 of 126
1054any member cities and towns shall have no force or effect upon the effective date of a transfer
1055fee adopted by the applicable regional affordable housing commission pursuant to clause (ii).
1056 The adoption of a transfer fee pursuant to subsection (b) shall take effect on the first day
1057of the calendar quarter following 30 days after its acceptance pursuant to this subsection or on
1058the first day of a later calendar quarter as the city or town or regional housing commission, as
1059applicable, may designate.
1060 (2) A city, town or any of the member cities or towns of a regional affordable housing
1061commission may provide for the enforcement and collection of a transfer fee established
1062pursuant to this section, including, but not limited to the denial, revocation or suspension of local
1063licenses and permits pursuant to section 57 of chapter 40 and the authority to impose a lien on
1064real property pursuant to section 58 of chapter 40.
1065 (3) A city, town or regional affordable housing commission enacting a real estate transfer
1066fee pursuant to this section, may issue rules, policies and procedures to effectuate its terms.
1067 (4) A city, town or regional affordable housing commission that adopts this section shall
1068submit an annual report to the executive office of housing and livable communities and the
1069department of revenue detailing the total fees collected and the amounts used or planned to be
1070used for affordable housing purposes in accordance with this section.
1071 (5) a city, town or regional affordable housing commission that adopts this section shall
1072adopt a bylaw, ordinance or regulation, as the case may be, which establishes a procedure by
1073which an aggrieved person may appeal the transfer fee amount, in whole or in part, or the denial
1074of an exemption. 50 of 126
1075 (6) Any person aggrieved by a denial of relief pursuant to a bylaw, ordinance or
1076regulation established pursuant to paragraph (5) may, within 60 days from the receipt of the
1077notice of such denial, petition the appellate tax board under the provisions of chapter 58A.
1078 (f) The executive office of housing and livable communities, in consultation with the
1079department of revenue, shall promulgate regulations to carry out the provisions of this section,
1080which shall include, but not be limited to regulations that provide for the forfeiture of revenue
1081collected pursuant to this section to said executive office if such revenue has not been used for
1082affordable housing purposes within a reasonable amount of time.
1083 SECTION 21. Section 6M of chapter 62, as so appearing, is hereby amended by striking
1084out, in lines 226 and 227, the words "$12,000,000 in each of taxable years 2023 to 2025,
1085inclusive" and inserting in place thereof the following words:- $15,000,000 in taxable years
1086beginning on or after January 1, 2025.
1087 SECTION 22. Chapter 62 of the General Laws is hereby amended by inserting after
1088section 6N, the following section:-
1089 Section 6O. (a) For the purposes of this section, unless the context clearly requires
1090otherwise, the following words shall have the following meanings:-
1091 "Affordability period", the ten-year period that commences on the date of the initial sale
1092of a single-family dwelling constructed as part of a qualified project.
1093 “Affordability restriction”, a restriction in form and substance approved by the director
1094and the secretary, imposing resale restrictions on a single-family dwelling constructed as part of
1095a qualified homeownership development project during the affordability period. 51 of 126
1096 "Credit amount", the amount computed by the director under subsection (b) before
1097issuing an eligibility certificate.
1098 “Commissioner”, the commissioner of revenue.
1099 "Credit award amount", the amount determined by the director and stipulated in the
1100notice sent pursuant to subsection (c).
1101 "Director", the executive director of the Massachusetts Housing Finance Agency,
1102established pursuant to chapter 708 of the acts of 1966.
1103 "Eligibility certificate", a certificate issued to a sponsor pursuant to subsection (d).
1104 “Eligible location”, a geography in which qualified projects may be located, based on
1105criteria established in the qualified homeownership allocation plan.
1106 “Homeownership development project'', a multi-unit homeownership development
1107project in which not less than 20 per cent of the units are affordable at the time of initial sale to
1108households having incomes equal to or less than 120 per cent of the area median income, as
1109determined by the United States Department of Housing and Urban Development.
1110 “Maximum credit amount”, the amount equal to 35 per cent of the lesser of: (i) the total
1111qualified project expenditures or (ii) 80 per cent of the median new home sales price, subject to
1112such further limitations as may be established under the qualified homeownership credit
1113allocation plan.
1114 “Qualified buyer”, an individual that is a first-time homebuyer with an annual income
1115not exceeding 120 per cent of the area median income, as determined by the United States
1116Department of Housing and Urban Development, for the location in which the single-family 52 of 126
1117dwelling being purchased is located, and that satisfies any additional qualifications established
1118by the director under the qualified homeownership credit allocation plan.
1119 “Qualified homeownership credit allocation plan”, a plan adopted by the director with the
1120approval of the secretary, establishing (i) criteria and metrics under which homeownership
1121development projects will be assessed for qualification and the geographies in which qualified
1122projects may be located; (ii) criteria for approving and ranking applications for credits; (iii)
1123methodology to determine applicable median new homes sales prices for the area in which the
1124project is located; (iv) mechanisms to maintain affordability of each single-family dwelling
1125created as part of a qualified homeownership development project, throughout the affordability
1126period; (v) criteria to be used in determining qualification as a qualified buyer; (vi) the criteria
1127governing the purchase, ownership and sale of completed qualified homeownership development
1128project single-family dwellings; and (vii) the manner of determining qualified project
1129expenditures.
1130 "Qualified homeownership development project", a homeownership development project
1131to develop single-family dwellings in the commonwealth that satisfies any qualifications
1132established by the director with the approval of the secretary in the qualified homeownership
1133credit allocation plan; provided, however, that the proposed project (i) involves the new
1134construction of 10 or more residential homeownership units; (ii) is located in an eligible location;
1135and (iii) has units that shall be sold to qualified buyers, subject to an affordability restriction in
1136accordance with the qualified homeownership credit allocation plan.
1137 ''Qualified project expenditure'', an expenditure directly related to the construction of a
1138qualified homeownership development project, including the cost of site assessment and 53 of 126
1139remediation of hazardous materials, but excluding the purchase of the project, provided,
1140however, that (i) the department has certified that the proposed project meets the definition of a
1141qualified homeownership development project; (ii) prior to construction, the director has
1142certified that all or a portion of the project costs are for new construction; and (iii) after the
1143construction of the project has been completed, the director has certified that the project has been
1144completed in compliance with this section and the requirements and conditions of any prior
1145certifications.
1146 "Project development team", the group of entities that develops, constructs, reports,
1147appraises, finances, and services the associated properties of a qualified project in partnership
1148with the project development owner.
1149 “Secretary”, the secretary of the executive office of housing and livable communities,
1150established under chapter 23B.
1151 “Single-Family Dwelling”, (i) a residential property containing not more than 4
1152residential units, or (ii) a condominium unit in a professionally managed condominium
1153development.
1154 ''Sponsor'', a sponsor, as defined in section 25 of chapter 23B, of a qualified
1155homeownership development project or owner of a qualified homeownership development
1156project.
1157 “Taxpayer”, a taxpayer subject to the income tax under this chapter.
1158 (b) (1) There shall be a Massachusetts homeownership tax credit. The director, in
1159consultation with the secretary, may authorize annually under this section together with section 54 of 126
116038NN of chapter 63 the total sum of: (i) $10,000,000 (ii) the amount, if any, not authorized in the
1161preceding calendar year; and (iii) Massachusetts homeownership tax credits returned to the
1162director by a sponsor.
1163 (2) A taxpayer may be allowed a nonrefundable state tax credit with respect to a
1164qualified homeownership development project under this section equal to the credit amount
1165listed on the eligibility certificate pursuant to subsection (d). If the credit allowable for any
1166taxable year is unused by the taxpayer or exceeds the taxpayer's tax liability for that tax year, the
1167taxpayer may carry forward and apply in any subsequent taxable year, the portion, as reduced
1168from year to year, of those credits which exceed the tax for the taxable year; provided, however,
1169that in no event shall the taxpayer apply the credit to the tax for any taxable year beginning after
1170the affordability period.
1171 (3) To be eligible to receive a credit award pursuant to this section, a sponsor shall submit
1172an application to the director on a form and in a manner prescribed by the director, in
1173consultation with the secretary; provided that said application shall include, but not be limited to,
1174the following: (i) the name and address of the sponsor; (ii) the names and addresses of all
1175members of the project development team; (iii) an estimate of the total qualified project
1176expenditures; and (iv) any other information as the director, in consultation with the secretary,
1177may require pursuant to the qualified homeownership credit allocation plan.
1178 (c)(1) The director, in consultation with the secretary, shall competitively evaluate and
1179approve applications and award tax credits under this section for a qualified project in
1180accordance with the qualified homeownership credit allocation plan. The director, in consultation 55 of 126
1181with the secretary, shall determine the credit amount awarded for each qualified project, which
1182shall not exceed the maximum credit amount.
1183 (2) The director shall send written notice of the tax credit award to the sponsor of a
1184qualified homeownership development project. The notice shall stipulate that receipt of the credit
1185is contingent upon the sale of all single-family dwellings that are required to be sold to qualified
1186buyers and issuance of an eligibility certificate.
1187 (d)(1) Upon completion of a qualified homeownership development project for which a
1188tax credit was awarded under this section and the sale of all single-family dwellings that are
1189required to be sold to qualified buyers, the sponsor shall notify the director and provide a final
1190qualified project expenditures certification for approval. Immediately after approving the final
1191cost certification, the director shall compute the credit amount and issue an eligibility certificate
1192to the project development owner. The credit amount, which shall be stated on the certificate,
1193shall equal the credit award amount stated in the notice issued under subsection (c), subject to
1194any reduction or increase as the result of the approval of the final qualified project expenditures
1195certification; provided that such amount shall not exceed the maximum credit amount.
1196 (2) Each eligibility certificate shall state the credit amount, the years that comprise the
1197affordability period, the name, address, and the taxpayer identification number of the sponsor
1198and all members of the project development team along with the date the certificate is issued, a
1199unique identifying number, and any additional information the director, in consultation with the
1200secretary, may require. The director shall certify a copy of each eligibility certificate to the
1201secretary and the commissioner. 56 of 126
1202 (e)(1) The sponsor shall maintain ownership of a qualified homeownership development
1203project and associated single-family dwellings until such dwellings are sold to qualified buyers.
1204 (2) The qualified buyer of a single-family dwelling constructed as part of a qualified
1205homeownership development project for which a tax credit was issued under this section shall
1206occupy such single-family dwelling as the qualified buyer's primary residence during the
1207affordability period. If a single-family dwelling constructed as part of a qualified project is sold
1208during the affordability period, the seller shall transfer to the director an amount equal to 90 per
1209cent of the gain from such resale, reduced by 10 per cent for each year of the affordability period
1210which ends before the date of such sale, subject to such additional criteria as may be established
1211under the qualified homeownership credit allocation plan. The director shall use any amount
1212received pursuant to a repayment under this paragraph for the purpose of providing financial
1213assistance to first-time homebuyers and offsetting the costs of administering this section. The
1214director may place a lien on each single-family dwelling constructed as part of a qualified
1215homeownership development project for an amount it deems necessary to ensure potential
1216repayment pursuant to this paragraph.
1217 (f) (1) all or any portion of tax credits issued in accordance with this section may be
1218transferred, sold or assigned to any individual or entity and the transferee shall be entitled to
1219claim the credits pursuant to paragraph (2) of subsection (b) with the same effect as if the
1220transferee had incurred the qualified project expenditures itself.
1221 (2) A sponsor or transferee desiring to make a transfer, sale or assignment as described in
1222paragraph (1) shall submit to the commissioner a statement which describes the amount of the
1223Massachusetts homeownership tax credit for which such transfer, sale or assignment of the 57 of 126
1224Massachusetts homeownership tax credit is eligible. Said sponsor shall provide to the
1225commissioner appropriate information so that the homeownership tax credit can be properly
1226allocated.
1227 (3) In the event that the recapture of Massachusetts homeownership tax credits is required
1228pursuant to subsection (g), any statement submitted to the commissioner as provided in
1229paragraph (2) shall include the proportion of the Massachusetts homeownership tax credit
1230required to be recaptured, the identity of each transferee subject to recapture and the amount of
1231credit previously transferred to such transferee.
1232 (g) The director, in consultation with the secretary, may request that the commissioner
1233disallow or recapture any portion of a credit if the director determines that a sponsor or the
1234qualified homeownership development project (i) does not qualify for the credit; (ii) ceases to
1235qualify for the credit or (iii) it is determined that the qualified project did not qualify for the
1236credit at the time when such credit was claimed. Notwithstanding the time limitations on
1237assessments pursuant to chapter 62C, the commissioner shall determine the taxpayer or taxpayers
1238that claimed the credit, the tax against which the credit was claimed, and the amount to be
1239recaptured and make an assessment against the taxpayer or taxpayers for the amount to be
1240recaptured under this section.
1241 (h) The director may assess application, processing, and reporting fees to cover the cost
1242of administering this section.
1243 (i) The secretary, in consultation with the commissioner and director, shall adopt any
1244rules and promulgate any regulations necessary to implement this section. 58 of 126
1245 SECTION 23. Section 6O of said chapter 62 of the General Laws, as inserted by section
124622, is hereby amended by striking out paragraph (1) of subsection (b) and inserting in place
1247thereof the following paragraph:-
1248 (1) There shall be a Massachusetts homeownership tax credit. The director, in
1249consultation with the secretary, may authorize annually under this section together with section
125038NN of chapter 63 the total sum of: (i) the amount, if any, not authorized in the preceding
1251calendar year; and (ii) any Massachusetts homeownership tax credits returned to the director by a
1252sponsor.
1253 SECTION 24. Section 38EE of said chapter 63, as so appearing, is hereby amended by
1254striking out, in lines 213 and 214, the words "$12,000,000 in each of taxable years 2023 to 2025,
1255inclusive" and inserting in place thereof the following words:- $15,000,000 in taxable years
1256beginning on or after January 1, 2025.
1257 SECTION 25. Chapter 63 of the General Laws is hereby amended by inserting after
1258section 38N the following section:-
1259 Section 38NN. (a) For the purposes of this section, unless the context clearly requires
1260otherwise, the following words shall have the following meanings:-
1261 “Affordability period”, the ten-year period that commences on the date of the initial sale
1262of a single-family dwelling constructed as part of a qualified project.
1263 “Affordability restriction”, a restriction in form and substance approved by the Director
1264and the Secretary, imposing resale restrictions on a single-family dwelling constructed as part of
1265a qualified homeownership development project during the affordability period. 59 of 126
1266 “Credit amount”, the amount computed by the director under subsection (b) before
1267issuing an eligibility certificate.
1268 “Commissioner”, the commissioner of revenue.
1269 “Credit award amount”, the amount determined by the director and stipulated in the
1270notice sent pursuant to subsection (c).
1271 “Director”, the executive director of the Massachusetts Housing Finance Agency,
1272established pursuant to chapter 708 of the acts of 1966.
1273 “Eligibility certificate”, a certificate issued to a sponsor pursuant to subsection (d).
1274 “Eligible location”, a geography in which qualified projects may be located, based on
1275criteria established in the qualified homeownership allocation plan.
1276 “Homeownership development project”, a multi-unit homeownership development
1277project in which not less than 20 per cent of the units are affordable at the time of initial sale to
1278households having incomes equal to or less than 120 per cent of the area median income.
1279 “Maximum credit amount”, the amount equal to 35% of the lesser of: (i) the total
1280qualified project expenditures or (ii) 80% of the median new home sales price, subject to such
1281further limitations as may be established under the qualified homeownership credit allocation
1282plan.
1283 “Qualified buyer”, an individual that is a first-time homebuyer with an annual income not
1284exceeding 120% of the area median income, as determined by the United States Department of
1285Housing and Urban Development, for the location in which the single-family dwelling being 60 of 126
1286purchased is located, and that satisfies any additional qualifications established by the director
1287under the qualified homeownership credit allocation plan.
1288 “Qualified homeownership credit allocation plan”, a plan adopted by the director with the
1289approval of the secretary, establishing (i) criteria and metrics under which homeownership
1290development projects will be assessed for qualification and the geographies in which qualified
1291projects may be located; (ii) criteria for approving and ranking applications for credits; (iii)
1292methodology to determine applicable median new homes sales prices for the area in which the
1293project is located; (iv) mechanisms to maintain affordability of each single-family dwelling
1294created as part of a qualified homeownership development project, throughout the affordability
1295period; (v) criteria to be used in determining qualification as a qualified buyer; (vi) the criteria
1296governing the purchase, ownership and sale of completed qualified homeownership development
1297project single-family dwellings; and (vii) the manner of determining qualified project
1298expenditures.
1299 “Qualified homeownership development project”, a homeownership development project
1300to develop single-family dwellings in the commonwealth that satisfies any qualifications
1301established by the director with the approval of the secretary in the qualified homeownership
1302credit allocation plan; provided, however, that the proposed project: (i) involves the new
1303construction of 10 or more residential homeownership units; (ii) is located in an eligible location;
1304and (iii) units shall be sold to qualified buyers, subject to an affordability restriction in
1305accordance with the qualified homeownership credit allocation plan.
1306 “Qualified project expenditure”, an expenditure directly related to the construction of a
1307qualified homeownership development project, including the cost of site assessment and 61 of 126
1308remediation of hazardous materials, but excluding the purchase of the project, provided,
1309however, that: (i) the department has certified that the proposed project meets the definition of
1310qualified homeownership development project; (ii) prior to construction, the director has
1311certified that all or a portion of the project costs are for new construction; and (iii) after the
1312construction of the project has been completed, the director has certified that the project has been
1313completed in compliance with this section and the requirements and conditions of any prior
1314certifications.
1315 “Project development team”, the group of entities that develops, constructs, reports,
1316appraises, finances, and services the associated properties of a qualified project in partnership
1317with the project development owner.
1318 “Secretary”, the Secretary of the Executive Office of Housing and Livable Communities,
1319established pursuant to chapter 23B.
1320 “Single-Family Dwelling”, (i) a residential property containing not more than 4
1321residential units, or (ii) a condominium unit in a professionally managed condominium
1322development.
1323 “Sponsor”', a sponsor, as defined in section 25 of chapter 23B, of a qualified
1324homeownership development project or owner of a qualified homeownership development
1325project.
1326 “Taxpayer”, a taxpayer subject to the income tax under this chapter.
1327 (b) (1) There shall be a Massachusetts homeownership tax credit. The director, in
1328consultation with the secretary, may authorize annually under this section together with section 62 of 126
13296O of chapter 62 the total sum of: (i) $10,000,000 (ii) the amount, if any, not authorized in the
1330preceding calendar year; and (iii) Massachusetts homeownership tax credits returned to the
1331director by a sponsor.
1332 (2) A taxpayer may be allowed a nonrefundable state tax credit with respect to a qualified
1333homeownership development project under this section equal to the credit amount listed on the
1334eligibility certificate pursuant to subsection (d). If the credit allowable for any taxable year is
1335unused by the taxpayer or exceeds the taxpayer's tax liability for that tax year, the taxpayer may
1336carry forward and apply in any subsequent taxable year, the portion, as reduced from year to
1337year, of those credits which exceed the tax for the taxable year; provided, however, that in no
1338event shall the taxpayer apply the credit to the tax for any taxable year beginning after the
1339affordability period.
1340 (3) To be eligible to receive a credit award pursuant to this section, a sponsor shall submit
1341an application to the director pursuant to this section and on a form and in a manner prescribed
1342by the director, in consultation with the secretary; provided that said application shall include,
1343but not be limited to, the following: (i) the name and address of the sponsor; (ii) the names and
1344addresses of all members of the project development team; (iii) an estimate of the total qualified
1345project expenditures; and (iv) any other information as the director, in consultation with the
1346secretary, may require pursuant to the qualified homeownership credit allocation plan.
1347 (c)(1) The director, in consultation with the secretary, shall competitively evaluate and
1348approve applications and award tax credits under this section for a qualified project in
1349accordance with the qualified homeownership credit allocation plan. The director, in consultation 63 of 126
1350with the secretary, shall determine the credit amount awarded for each qualified project, which
1351shall not exceed the maximum credit amount.
1352 (2) The director shall send written notice of the tax credit award to the sponsor of a
1353qualified homeownership development project. The notice shall stipulate that receipt of the credit
1354is contingent upon the sale of all single-family dwellings that are required to be sold to qualified
1355buyers and issuance of an eligibility certificate.
1356 (d)(1) Upon completion of a qualified homeownership development project for which a
1357tax credit was awarded under this section and the sale of all single-family dwellings that are
1358required to be sold to qualified buyers, the sponsor shall notify the director and provide a final
1359qualified project expenditures certification for approval. Immediately after approving the final
1360cost certification, the director shall compute the credit amount and issue an eligibility certificate
1361to the project development owner. The credit amount, which shall be stated on the certificate,
1362shall equal the credit award amount stated in the notice issued under subsection (c), subject to
1363any reduction or increase as the result of the approval of the final qualified project expenditures
1364certification; provided that such amount shall not exceed the maximum credit amount.
1365 (2) Each eligibility certificate shall state the credit amount, the years that comprise the
1366affordability period, the name, address, and the taxpayer identification number of the sponsor
1367and all members of the project development team along with the date the certificate is issued, a
1368unique identifying number, and any additional information the director, in consultation with the
1369secretary, may require. The director shall certify a copy of each eligibility certificate to the
1370secretary and the commissioner. 64 of 126
1371 (e)(1) The sponsor shall maintain ownership of a qualified homeownership development
1372project and associated single-family dwellings until such dwellings are sold to qualified buyers.
1373 (2) The qualified buyer of a single-family dwelling constructed as part of a qualified
1374homeownership development project for which a tax credit was issued under this section shall
1375occupy such single-family dwelling as the qualified buyer's primary residence during the
1376affordability period. If a single-family dwelling constructed as part of a qualified project is sold
1377during the affordability period, the seller shall transfer to the director an amount equal to 90
1378percent of the gain from such resale, reduced by 10 percent for each year of the affordability
1379period which ends before the date of such sale, subject to such additional criteria as may be
1380established under the qualified homeownership credit allocation plan. The director shall use any
1381amount received pursuant to a repayment under this paragraph for the purposes of providing
1382financial assistance to first-time homebuyers and offsetting the costs of administering this
1383section. The director may place a lien on each single-family dwelling constructed as part of a
1384qualified homeownership development project for an amount it deems necessary to ensure
1385potential repayment pursuant to this paragraph.
1386 (f) (1) all or any portion of tax credits issued in accordance with the provisions of this
1387section may be transferred, sold or assigned to any individual or entity and the transferee shall be
1388entitled to claim the credits pursuant to paragraph (2) of subsection (b) with the same effect as if
1389the transferee had incurred the qualified project expenditures itself.
1390 (2) A sponsor or transferee desiring to make a transfer, sale or assignment as described in
1391paragraph (1) shall submit to the commissioner a statement which describes the amount of
1392Massachusetts homeownership tax credit for which such transfer, sale or assignment of 65 of 126
1393Massachusetts homeownership tax credit is eligible. Said sponsor shall provide to the
1394commissioner appropriate information so that the homeownership tax credit can be properly
1395allocated.
1396 (3) In the event that recapture of Massachusetts homeownership tax credits is required
1397pursuant to subsection (g), any statement submitted to the commissioner as provided in
1398paragraph (2) shall include the proportion of the Massachusetts homeownership tax credit
1399required to be recaptured, the identity of each transferee subject to recapture and the amount of
1400credit previously transferred to such transferee.
1401 (g) The director, in consultation with the secretary, may request that the commissioner
1402disallow or recapture any portion of a credit if the director determines that a sponsor or the
1403qualified homeownership development project: (i) does not qualify for the credit; (ii) ceases to
1404qualify for the credit or (iii) it is determined that the qualified project did not qualify for the
1405credit at the time when such credit was claimed. Notwithstanding the time limitations on
1406assessments pursuant to chapter 62C, the commissioner shall determine the taxpayer or taxpayers
1407that claimed the credit, the tax against which the credit was claimed, and the amount to be
1408recaptured and make an assessment against the taxpayer or taxpayers for the amount to be
1409recaptured under this section.
1410 (h) The director may assess application, processing, and reporting fees to cover the cost
1411of administering this section.
1412 (i) The secretary, in consultation with the commissioner and director, shall adopt any
1413rules and promulgate any regulations necessary to implement this section. 66 of 126
1414 SECTION 26. Section 38NN of chapter 63, as inserted by section 25, is hereby amended
1415by striking out paragraph (1) of subsection (b) and inserting the following paragraph:
1416 (1) There shall be a Massachusetts homeownership tax credit. The director, in
1417consultation with the secretary, may authorize annually under this section together with section
14186O of chapter 62 the total sum of: (i) the amount, if any, not authorized in the preceding calendar
1419year; and (ii) any Massachusetts homeownership tax credits returned to the director by a sponsor.
1420 SECTION 27. Section 52 of chapter 93 of the General Laws, as appearing in the 2022
1421Official Edition, is hereby amended, in subsection (a), by inserting at the end thereof the
1422following clause:- (7) eviction records sealed pursuant to section 15 of chapter 239.
1423 SECTION 28. Section 127I of chapter 111 of the General Laws, as appearing in the 2022
1424Official Edition, is hereby amended by adding the following paragraph:-
1425 Following appointment of a receiver for a vacant residential property, the court, upon
1426motion by the receiver with notice to the owner, mortgagee, and all interested parties, may allow
1427for the sale of the property to a nonprofit entity for fair market value in its then current condition.
1428Any such sale shall be conditioned upon the court finding that the nonprofit will correct all
1429outstanding state sanitary code violations and rehabilitate the property for sale to a first-time
1430homebuyer whose income is not more than 120 per cent of area median income as determined by
1431the United States Department of Housing and Urban Development, provided that such nonprofit
1432entity shall demonstrate to the court adequate expertise and resources necessary to rehabilitate
1433the property and correct outstanding state sanitary code violations. Any such motion filed by a
1434receiver under this paragraph shall be heard by the court not less than 30 days following the
1435filing date, during which period the owner, mortgagee, and any other interested parties may join 67 of 126
1436a motion for leave to correct all outstanding state sanitary code violations at the property. Upon a
1437finding by the court that the owner, mortgagee, or other interested party has the intention and
1438ability to correct all outstanding state sanitary code violations, the court shall stay the hearing on
1439the receiver’s motion for a reasonable period of time to allow the owner, mortgagee, or other
1440interested party to correct such outstanding sanitary code violations.
1441 SECTION 29. Chapter 121B of the General Laws, as appearing in the 2022 Official
1442Edition, is hereby amended by striking out section 3A and inserting in place thereof the
1443following section:-
1444 Section 3A. (a) Any number of cities or towns may, with the approval of their respective
1445municipal officers and of the department, create or disband by a contract subject to the approval
1446of the department a regional housing authority, with all of the powers and obligations of the
1447constituent authorities, to act in the place of the several housing authorities, if any, theretofore
1448existing. Such contract shall set forth the rights, powers and obligations of the regional housing
1449authority within the several cities or towns in which it is to operate. Any unresolved dispute
1450which may arise as to the rights, powers or obligations conferred by such contract shall be
1451referred to the department for resolution.
1452 (b) Notwithstanding the foregoing, or any general or special law to the contrary, 2 or
1453more local housing authorities may, with the approval of their respective boards and of the
1454department, merge to create a regional housing authority, with all the powers and obligations of
1455the constituent authorities theretofore existing. Such creation of a regional housing authority by
1456merger of two or more local housing authorities shall not require the use of special legislation
1457pursuant to chapter 268A of the General Laws. The department shall issue guidelines for 68 of 126
1458approving mergers of two or more local housing authorities pursuant to this subsection (b). Such
1459guidelines shall include, but not be limited to, provisions for approving board structures of
1460regional housing authorities created pursuant to this subsection and provisions for the creation
1461and operation of a regional local preference to apply to residents of the cities or towns in which a
1462regional housing authority created pursuant to this subsection is to operate.
1463 SECTION 30. Section 11 of said chapter 121B, as so appearing, is hereby amended by
1464adding the following paragraph:-
1465 (p) Notwithstanding any general or special law to the contrary, a housing authority, with
1466the approval of the department, in consultation with the Executive Office for Administration and
1467Finance, may secure indebtedness incurred for the preservation, modernization and maintenance
1468of 1 or more of its low rent housing developments assisted under section 32 or section 34 by a
1469pledge of a portion of capital funds awarded to it for improvements to be carried out pursuant to
1470a department-approved capital improvement plan in accordance with department regulations
1471governing capital projects. The department, in consultation with said executive office, shall
1472promulgate regulations that establish limitations on the percentage of awarded capital funds that
1473may be pledged to secure indebtedness, describe permitted terms for borrowing and repayment
1474and establish criteria for housing authorities that will be permitted to incur indebtedness secured
1475by a pledge of capital funds. Any pledge of future year capital funds pursuant to this section is
1476subject to the availability of funds under the department’s capital spending plan as approved by
1477the governor for that year. All financing documents related to future year capital fund amounts
1478shall include a statement that the credit of the commonwealth is not pledged and that the
1479pledging of funds is subject to the availability of funds under the department’s capital spending
1480plan as approved by the governor. 69 of 126
1481 SECTION 31. Subsection (a) of section 26C of said chapter 121B, as amended by section
1482256 of chapter 7 of the acts of 2023, is hereby further amended by striking out, in lines 19 to 21,
1483inclusive, the words “provided, however, that the capital assistance team shall provide services to
1484the housing authority without requiring payment for the services by the housing authority” and
1485inserting in place thereof the following words:- provided, however, that the capital assistance
1486team shall provide services to a housing authority with 500 or fewer state-aided units without
1487requiring payment for the services by such housing authority; and provided further, that the
1488capital assistance team may require payment for services provided to a housing authority with
1489more than 500 state-aided units and for additional services not covered by this section and
1490approved by the department.
1491 SECTION 32. Said section 26C of said chapter 121B, as so amended, is hereby further
1492amended by striking out subsection (e) and inserting in place thereof the following subsection:-
1493 (e) There shall be a capital assistance advisory board consisting of 7 members. Each of
1494the 3 capital assistance teams shall appoint 2 members to the advisory board; and the department
1495shall appoint 1 member, who shall have at least 5 years of experience as the manager of not less
1496than 200 units of privately owned housing. The department shall limit eligibility for appointment
1497to members of participating housing authorities in the region. The advisory board shall meet on
1498an annual basis with the capital assistance team directors, host housing authority directors and
1499the secretary of the executive office of housing and livable communities or a designee and shall
1500discuss issues of program performance and coordination.
1501 SECTION 33. Section 29 of said chapter 121B of the General Laws, as amended by
1502section 127 of chapter 268 of the acts of 2022, is hereby further amended by striking out the first 70 of 126
1503sentence and inserting in place thereof the following sentence:- The members of a housing
1504authority shall biennially, or more frequently as required by the department and at a time to be
1505determined by said department, file with said department a written report for its preceding fiscal
1506years since its last previously filed written report.
1507 SECTION 34. The first paragraph of said section 29 of said chapter 121B, as so
1508amended, is hereby further amended by adding the following sentence:- Notwithstanding the
1509foregoing, nothing in this section shall exempt a housing authority from submitting an annual
1510plan pursuant to section 28A and this section.
1511 SECTION 35. Section 34 of said chapter 121B, as amended by section 130 of chapter
1512268 of the acts of 2022, is hereby amended by striking out the fourteenth paragraph, as inserted
1513by section 130 of chapter 268 of the acts of 2022, and inserting in place thereof the following
1514paragraph:-
1515 Notwithstanding any general or special law to the contrary, (a) construction and
1516development activity related to development or redevelopment of state-aided or federally-aided
1517public housing projects or where the land, buildings or structures associated with such housing
1518project will be or have been conveyed or transferred to an affiliated non-profit or private entity
1519for purposes of completing the development or redevelopment, or (b) construction and
1520development activity related to other housing development by a housing authority or affiliate on
1521land owned by the housing authority shall not be subject to any general or special law related to
1522the procurement and award of contracts for the planning, design, construction management,
1523construction, reconstruction, installation, demolition, maintenance or repair of buildings by a
1524public agency provided, however, that the department shall review and approve the procurement 71 of 126
1525processes used to undertake this development or redevelopment in accordance with subsection
1526(q) of section 26; and provided further, that all construction, reconstruction, alteration,
1527installation, demolition, maintenance or repair shall be subject to sections 26 to 27F, inclusive
1528and as applicable, and section 29 of chapter 149. A project involving the development or
1529redevelopment of a state-aided or federally-aided public housing project procured prior to a
1530conveyance or transfer to an affiliated non-profit or private entity shall not proceed with
1531construction unless and until the conveyance or transfer to the affiliated non-profit or private
1532entity has occurred. The housing authority shall request rates and updates from the division of
1533labor standards for these projects. Nothing herein contained shall, by itself, subject a privately-
1534owned and developed project on land formerly owned by a housing authority to sections 26 to
153527F, inclusive or section 29 of chapter 149.
1536 SECTION 36. Said section 34 of said chapter 121B, as so amended, is hereby further
1537amended by adding the following paragraph:-
1538 Notwithstanding any general or special law to the contrary, the tenants of a state-aided or
1539federally-aided public housing project transferred or conveyed pursuant to the fourteenth
1540paragraph of this section shall maintain rights pursuant to the provisions of the federal, state, and
1541local subsidy programs originally applicable to the project including tenant contribution, lease
1542terms, eviction, right to return, grievance, resident participation, preference in hiring, and privacy
1543rights, except as may be required to secure financing necessary for the feasibility of the project,
1544or to meet associated programmatic eligibility requirements after notice to affected tenants with
1545an opportunity to comment. The redevelopment of such project shall not be the basis for
1546termination or reduction of assistance or eviction of any tenant, and no existing tenant shall be
1547considered a new admission for any purpose, including compliance with any income targeting 72 of 126
1548requirements. Any such project shall have at least the same number of low rent housing units as
1549the number of low rent housing units in the existing project. The requirements under this
1550paragraph shall be implemented through contracts, use agreements, regulations or other means,
1551as determined by the executive office of housing and livable communities, provided that such
1552contracts, use agreements, regulations or other means shall delineate: (i) the roles of the housing
1553authority and other agencies in monitoring and enforcing compliance, including tracking
1554temporary and permanent displacement; (ii) how the housing authority will rehouse tenants so
1555there is no displacement from affordable housing programs operated by the housing authority
1556and (iii) how tenants will be provided with technical assistance to facilitate meaningful input
1557related to the redevelopment of the proposed project. The benefits of any such contracts, use
1558agreements, regulations or other means shall inure to any tenant who occupied a unit within the
1559project at the time of the transfer or conveyance of the project. Protections relating to tenant
1560contribution, lease terms, eviction, grievance, resident participation, preference in hiring, and
1561privacy rights, except as may be required to secure financing necessary for the feasibility of the
1562project, or to meet associated programmatic eligibility requirements, shall inure to both present
1563or future tenants or applicants of the project, who shall have the right to enforce the same as
1564third-party beneficiaries. Nothing in this section is intended to create a separate or new
1565administrative process of appeal or review for any grievance governed by the lease of any tenant.
1566Tenants shall have an opportunity for comment on a project proposed under paragraph fourteen
1567and an opportunity for public comment to be organized by the owners, controlled entities,
1568designated private entities, or public housing authorities responsible for such projects with
1569adequate notice. 73 of 126
1570 SECTION 37. Subsection (b) of section 3 of chapter 121E of the General Laws, as
1571appearing in the 2022 Official Edition, is hereby amended by striking out clause (3) and inserting
1572in place thereof the following clause:-
1573 (3) issued only if a contract or agreement for the use of the property for housing purposes
1574provides for the recording of a restriction in the registry of deeds or the registry district of the
1575land court in the county in which the affected real property is located, for the benefit of the
1576department, running with the land, that the land be used for providing alternative forms of rental
1577and ownership housing; provided further, that the property shall not be released from the
1578restriction until: (i) the balance of the principal and interest for the loan shall be repaid in full;
1579(ii) a mortgage foreclosure deed shall be recorded; or (iii) there has been a disposition of the
1580property, provided that the department of housing and community development determines that
1581relevant clients will be better served at an alternative property and the proceeds from the
1582disposition of the property will be used, to the extent necessary for replacement of the housing at
1583the property, for one or more of the following purposes: (A) to acquire such alternative property
1584and (B) to rehabilitate such alternative property;
1585 SECTION 38. Said subsection (b) of said section 3 of said chapter 121E, as so appearing,
1586is hereby further amended by striking out, in clause (4) the words “provided that the project
1587continues to remain affordable housing as set forth in the contract or agreement entered into for
1588the duration of the project by the department” and inserting in place thereof the following
1589words:- provided that the project, whether at the original property, or at an alternative property
1590pursuant to clause (3) of this item, continues to remain affordable housing as set forth in the
1591contract or agreement entered into for the duration of the project by the department 74 of 126
1592 SECTION 39. Section 2 of chapter 121F of the General Laws, as appearing in the 2022
1593Official Edition, is hereby amended by striking out subsection (a) and inserting in place thereof
1594the following subsection:-
1595 (a) There shall be within the department a separate fund to be known as the Housing
1596Stabilization and Investment Trust Fund. The department shall administer the fund and shall
1597ensure that funds are distributed among urban, suburban and rural areas with a particular
1598emphasis on development of alternative forms of housing and on local and regional needs. Such
1599funds shall be used for the purpose of undertaking projects to develop and support affordable
1600housing developments and homeownership affordability, through the acquisition, preservation,
1601new construction and rehabilitation of affordable housing, including without limitation the
1602preservation and improvement of existing privately-owned, state or federally-assisted housing.
1603The program may include assistance for projects to stabilize and promote reinvestment in cities
1604and towns including, but not limited to, preserving and improving existing privately-owned, state
1605or federally-assisted housing and any other techniques necessary to achieve reinvestment;
1606provided, further, that funds from this item may be expended for the purpose of energy audits
1607and housing modifications to achieve energy efficiency and conservation. The program also may
1608include assistance for housing where the expiration of federal or state low-income housing tax
1609credits or other federal or state subsidies would lead or has led to the termination of a use
1610agreement for low-income housing or in which a project-based rental assistance contract is
1611expiring or has expired. The fund shall be an expendable trust fund and shall not be subject to
1612appropriation.
1613 SECTION 40. Said section 2 of said chapter 121F, as so appearing, is hereby further
1614amended by striking out, in line 28 the words “nonprofit or for-profit organizations” and 75 of 126
1615inserting in place thereof the following words:- eligible entities pursuant to subsection (a) of
1616section 3”.
1617 SECTION 41. Said section 2 of said chapter 121F, as so appearing, is hereby further
1618amended by striking out, in lines 35 to 38, inclusive, the words “or the Community Economic
1619Development Assistance Corporation established in chapter 40H to provide assistance from the
1620fund for projects owned or sponsored by nonprofit organizations” and inserting in place thereof
1621the following words:- to provide assistance from the fund.
1622 SECTION 42. Section 3 of said chapter 121F, as so appearing, is hereby amended by
1623striking out subsections (a) and (b) and inserting in place thereof the following 2 subsections:-
1624 (a) The fund shall finance low and no interest loans, grants, subsidies, credit
1625enhancements and other financial assistance for rental and ownership housing; provided,
1626however, that assistance shall be the minimum amount necessary to make a project feasible;
1627provided further, that loans, grants, subsidies, credit enhancements and other financial assistance
1628pursuant to this chapter may be provided to qualified for-profit or non-profit developers,
1629community development corporations, local housing authorities, community action agencies,
1630community-based or neighborhood-based non-profit housing organizations, other non-profit
1631organizations and for-profit entities, and governmental bodies; and provided further, that
1632recipients may enter into subcontracts to administer the contracts with other for-profit or
1633nonprofit organizations; provided further, that loans, grants, subsidies, credit enhancements and
1634other financial assistance pursuant to this chapter may be provided for the acquisition of
1635property to provide or preserve affordable housing; provided, however, that the loan program
1636may be administered by the department through contracts with the Massachusetts Housing 76 of 126
1637Partnership Fund established in section 35 of chapter 405 of the acts of 1985; provided further,
1638that the program may include acquisition, financing and other holding costs, interim management
1639costs and operating costs and may also be used by the Massachusetts Housing Partnership Fund
1640to secure, collateralize or reserve against other financing obtained by the Massachusetts Housing
1641Partnership Fund to support those costs; provided further, that not less than 75 per cent of the
1642beneficiaries of the housing shall be persons whose income is not more than 60 per cent of the
1643area median income and not less than 13 per cent of the beneficiaries of the housing shall be
1644persons whose income is not more than 30 per cent of that area median income.
1645 (b) Activities eligible for assistance from the fund shall include, but not be limited to: (1)
1646projects to develop and support affordable housing developments and homeownership
1647affordability, through the acquisition, preservation, new construction and rehabilitation of
1648affordable housing; (2) the preservation of affordable housing developments which are or were
1649subject to prepayment or payment of a state or federally-assisted mortgage or which are
1650receiving project-based rental assistance under section 8 of the United States Housing Act of
16511937, 42 U.S.C. section 1437f, and the rental assistance is expiring or which have received other
1652project-based federal or state subsidies which are terminating or have terminated; provided,
1653however, that property eligible for assistance shall include housing where the prepayment or
1654payment of a state or federally-assisted mortgage or the expiration of federal low income housing
1655tax credits or other federal or state subsidies would lead or has led to the termination of a use
1656agreement for low income housing or in which a project-based rental assistance contract is
1657expiring or has expired; provided however, a property eligible for assistance that has been
1658acquired for the purpose of preserving or improving the property shall not lose eligibility due to
1659actions by the purchaser to renew or extend state or federal contracts or subsidies; provided 77 of 126
1660further, that the department, in consultation with nonprofit organizations, the Community
1661Economic Development Assistance Corporation, the Massachusetts Housing Finance Agency
1662and the Massachusetts Housing Partnership Fund shall identify those projects at greatest risk of
1663prepayment, payment, termination of subsidies and use restrictions, or nonrenewal of rental
1664assistance; provided further, that funding priority shall be based on at-risk criteria to be
1665determined by the department and set forth in regulations promulgated by the department;
1666 SECTION 43. Said section 3 of said chapter 121F, as so appearing, is hereby further
1667amended by striking out subsection (d) and inserting in place thereof the following subsection:-
1668 (d) Prior to providing assistance, the department shall find that: (1) the housing would
1669not, by private enterprise alone and without government assistance, be available to lower income
1670families and individuals; (2) the amount of assistance appears to be the minimum amount
1671necessary to make the housing development feasible; (3) with respect to rental housing, the
1672operations of the owner and its articles of organization and by-laws and any changes to either
1673shall be subject to regulation by the department; and (4) the housing shall remain affordable for
1674its useful life as determined by the department.
1675 SECTION 44. Section 5 of said chapter 121F, as so appearing, is hereby amended by
1676striking out, in lines 2 to 5, inclusive, the words “including, but not limited to, regulations
1677relative to grants to cities and towns for the demolition of certain vacant and abandoned
1678buildings and procedures for neighborhood revitalization plans”.
1679 SECTION 45. The General Laws are hereby amended by inserting after chapter 121G the
1680following chapter:- 78 of 126
1681 CHAPTER 121H
1682 SUPPORTIVE HOUSING POOL FUND
1683 Section 1. As used in this chapter the following words shall, unless the context clearly
1684requires otherwise, have the following meanings:--
1685 “Executive Office”, the executive office of housing and livable communities.
1686 “Fund”, The Supportive Housing Pool Fund established in section 2.
1687 “Permanent supportive housing”, rental housing that includes supportive services for
1688individuals and families who may be homeless or chronically homeless, individuals and families
1689with behavioral health needs or substance addiction needs, survivors of domestic violence,
1690survivors of human trafficking, survivors of sexual violence, individuals and families at risk of
1691entering or transitioning out of the foster care system, youth and young adults, seniors and
1692veterans, or other similar need as determined by the executive office.
1693 Section 2. (a) There shall be a Supportive Housing Pool Fund to support the production
1694of permanent supportive housing.
1695 (b) The fund shall be administered by the executive office directly or through contracts
1696with 1 or more of the following: (i) the Community Economic Development Assistance
1697Corporation, established in chapter 40H of the General Laws; (ii) the Massachusetts Housing
1698Partnership Fund, established in section 35 of chapter 405 of the acts of 1985; (iii) the
1699Massachusetts Housing Finance Agency, established in chapter 708 of the acts of 1966; provided
1700that an administrating agency may directly offer financial assistance for the purposes set forth
1701herein or may enter into subcontracts with non-profit organizations, established pursuant to 79 of 126
1702chapter 180 of the General Laws for those purposes; provided further, that the administering
1703agency may establish additional program requirements through regulations or policy guidelines.
1704 (c) There shall be credited to the fund, revenue from appropriations or other money
1705authorized by the general court and specifically designated for the fund and any gifts, grants,
1706private contributions, repayment of loans, fees and charges imposed relative to the making of
1707loans, grants, subsidies, credit enhancements and other financial assistance, investment income
1708earned on the fund's assets and any other sources. Money remaining in the fund at the end of a
1709fiscal year shall not revert to the General Fund.
1710 Section 3. Funds expended pursuant to this chapter shall be in the form of grants, loans or
1711other financial assistance to projects and organizations that will provide stable housing options
1712and supportive services to residents of permanent supportive housing, which may include, but
1713not be limited to, staffing, case management, service coordination, or other tenancy-related
1714services provided by a project sponsor or through a third-party, or other services or activities that
1715the executive office has determined are essential to the day-to-day operation of permanent
1716supportive housing.
1717 Section 4. The executive office may promulgate regulations for the implementation,
1718administration and enforcement of this chapter and may, in consultation with the executive office
1719of health and human services, the executive office of elder affairs, the department of children and
1720families, and the office of victim assistance, issue guidelines for the fund.
1721 SECTION 46. Section 5 of chapter 161A of the General Laws, as most recently amended
1722by chapter 7 of the acts of 2023, is hereby further amended by inserting, after the words
1723“paragraph (o)”, the following words:- Any agreement related to any concession or lease of 80 of 126
1724property may require that the developer construct, design, build, finance, operate, and maintain,
1725or any combination thereof, mass transportation facilities or any related facility or component
1726thereof for the authority, so long as the authority shall state in its bid documentation that such
1727mass transportation facilities or related facility or component thereof will be accepted or required
1728as a part of any such agreement. No further procurement or advertising requirements shall be
1729required by the Authority, except as required by subsection (b) and this subsection.
1730 SECTION 47. Chapter 239 of the General Laws is hereby amended by adding the
1731following section:-
1732 Section 15. (a) For the purposes of this section, the following words shall have the
1733following meanings unless the context clearly requires otherwise:-
1734 “Consumer report”, written, oral or other communication of any information by a
1735consumer reporting agency bearing on a person’s credit worthiness, credit standing or credit
1736capacity that is used or expected to be used or collected in whole or in part for the purpose of
1737serving as a factor in establishing the person’s eligibility for rental housing or other purposes
1738authorized under section 51 of chapter 93.
1739 “Consumer reporting agency”, individual, partnership, corporation, trust, estate,
1740cooperative, association, government or governmental subdivision or agency, or other entity that,
1741for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in
1742part in the practice of assembling or evaluating consumer credit information or other information
1743on consumers for the purpose of furnishing consumer reports to third parties.
1744 “Court”, the trial court of the commonwealth established pursuant to section 1 of chapter
1745211B and any departments or offices established within the trial court. 81 of 126
1746 “Court record”, paper or electronic records or data in any communicable form compiled
1747by, on file with or in the care custody or control of, the court, that concern a person and relate to
1748the nature or disposition of an eviction action or a lessor action.
1749 “Eviction action”, a summary process action under this chapter to recover possession of
1750residential premises, a civil action under section 19 of chapter 139 to obtain an order requiring a
1751tenant or occupant to vacate residential premises, a civil action brought pursuant to sections 11,
175212 or 13 of chapter 186 or subsection (a) of section 4 of chapter 186A or any other civil action
1753brought against a tenant or occupant of residential premises to obtain possession of or exclusive
1754access to the residential premises.
1755 “Fault eviction”, an eviction action brought pursuant to clause (ii) of subsection (a) of
1756section 4 of chapter 186A, section 19 of chapter 139 or an eviction action in which the notice to
1757quit, notice of termination or complaint alleges a material violation of the terms of a residential
1758tenancy or occupancy, including nonpayment of rent and failure to vacate following the
1759termination or conclusion of a tenancy by the tenant or occupant; provided further, that an action
1760brought after termination of a tenancy for economic, business, or other reasons not constituting a
1761violation of the terms of the tenancy shall not be deemed a fault eviction for purposes of this
1762section.
1763 “Lessor action”, any civil action brought against the owner, manager or lessor of
1764residential premises by the tenant or occupant of such premises relating to or arising out of such
1765property, rental, tenancy or occupancy for breach of warranty, breach of any material provision
1766of the rental agreement or violation of any other law.
1767 82 of 126
1768 “No-fault eviction”, any eviction action in which the notice to quit, notice of termination
1769or complaint does not include an allegation of nonpayment of rent or violation of any material
1770term of the tenancy by the tenant or occupant; provided further that “no-fault eviction” shall
1771include an action brought after termination of a tenancy for economic, business or other reasons
1772not constituting a violation of the terms of the tenancy.
1773 (b) Any person having a court record of a fault eviction or lessor action other than a no-
1774fault eviction on file in a court may, on a form furnished by the trial court and signed under the
1775penalties of perjury, petition the court to seal the court record. The petition shall be filed in the
1776same court as the action sought to be sealed. If an action was active in more than one court
1777during its pendency, then a petition may be filed in each such court. The court may require notice
1778to parties to the original action; provided however, that notice shall not be required if the conduct
1779resulting in the eviction was the conduct of a person who is no longer a member of the
1780household.
1781 In the case of an eviction action or lessor action solely for nonpayment of rent, the court
1782shall comply with the petitioner’s request under this subsection if the petitioner has satisfied the
1783judgment for such nonpayment pursuant to subsection (i) and no eviction action or lessor action
1784has been brought against the petitioner within the commonwealth in the 3 years preceding such
1785request. In the case of an eviction action or lessor action under this subsection other than for
1786nonpayment of rent, the court may, in its discretion, comply with the petitioner’s request under
1787this subsection if the court record for an eviction action or lessor action which the petitioner
1788seeks to seal has concluded, including exhaustion of all rights of appeal, not less than 7 years
1789prior to the petitioner’s request and no eviction action or lessor action has been brought against
1790the petitioner within the commonwealth in the 3 years preceding such request. 83 of 126
1791 Notwithstanding the foregoing 2 paragraphs, the court may, in its discretion, (i) process a
1792petition under this subsection administratively without a hearing, or (ii) waive any requirement
1793under this subsection upon a determination by the court that such waiver is in the interest of
1794justice and public safety.
1795 (c) Any person having a court record of a no-fault eviction on file in a court may petition
1796the court to seal the court record at any time after the conclusion of the action and exhaustion of
1797all rights of appeal. The petition shall be on a form furnished by the trial court, signed under the
1798penalties of perjury and filed in the same court as the original petition for sealing. . If an action
1799was active in more than 1 court during its pendency, then a petition may be filed in any such
1800court. Notice shall be given to parties to the original action. The court shall comply with the
1801petitioner’s request if the court record pertains solely to a no-fault eviction and the action has
1802concluded with all rights of appeal exhausted. If no such objection is filed by a party within 7
1803days of filing the petition, the court may, in its discretion, process the petition administratively
1804without a hearing.
1805 (d) Upon motion and for good cause shown, or as otherwise authorized by this section,
1806court records sealed under this section may be, at the discretion of the court and upon a balancing
1807of the interests of the litigants and the public against the interests of the requesting party, made
1808available for public safety, scholarly, educational, journalistic or governmental purposes only;
1809provided, however, that the personal identifying information of the parties involved in the action,
1810shall remain sealed unless the court determines that release of such information is appropriate
1811under this subsection and necessary to fulfill the purpose of the request. Nothing in this
1812subsection shall be deemed to permit the release of personal identifying information for
1813commercial purposes. 84 of 126
1814 (e) Nothing in this section shall prohibit the dissemination of information contained in a
1815court record sealed pursuant to this section as the court deems necessary or appropriate: (i) for
1816the collection of a money judgment; (ii) to pursue a criminal investigation; (iii) to pursue a
1817criminal prosecution; or (iv) where information in the sealed record was entered into evidence in
1818a criminal prosecution that resulted in a criminal charge.
1819 (f) Nothing in this section shall prohibit a person or their representative from petitioning
1820the court to obtain access to a court record sealed under this section in which the person is a
1821party.
1822 (g) A consumer reporting agency shall not disclose the existence of, or information
1823regarding, a court record sealed under this section or use information contained in such court
1824record as a factor to determine any score or recommendation to be included in a consumer report
1825unless such court record was available for inspection by the court within 30 days of the report
1826date. A consumer reporting agency may include in a consumer report information found in
1827publicly available court records, provided, however, that the consumer report shall include a
1828person’s full name, whether an eviction action was a fault eviction, a no-fault eviction or a lessor
1829action, and the outcome of any eviction action if such information is contained in the publicly
1830available court record. All information contained in a court record sealed under this section shall
1831be removed from the consumer report or from the calculation of any score or recommendation to
1832be included in a consumer report within 30 days of the sealing of the court record from which it
1833is derived. Any consumer reporting agency that violates this subsection shall be liable in tort, in a
1834court of competent jurisdiction, to the person who is the subject of the consumer report in an
1835amount equal to the sum of any actual damages sustained by the consumer because of such
1836violation, or for $100 per day of such violation, whichever is greater, and the costs of the action, 85 of 126
1837including reasonable attorney’s fees. The office of the attorney general of the commonwealth
1838may enforce the provisions of this subsection and the remedies provided hereunder shall not be
1839exclusive. Nothing in this subsection shall be deemed to waive the rights or remedies of any
1840person under any other law or regulation.
1841 (h) An application used to screen applicants for housing or credit that seeks information
1842concerning prior eviction actions or lessor actions of the applicant shall include the following
1843statement:
1844 “An applicant for housing or credit with a sealed record on file with the court pursuant to
1845section 15 of chapter 239 of the General Laws may answer ‘no record’ to an inquiry relative to
1846that sealed court record.”
1847 No party shall be liable for any violation of the foregoing provision unless such party has
1848first been issued a written warning from the office of the attorney general of the commonwealth
1849and has failed to address the violation within 90 days of such notice. The petition provided by
1850the court for the sealing of records pursuant to this section and any order granting such petition
1851shall contain the following notice:
1852 “An applicant for housing or credit with a sealed record on file with the court pursuant to
1853section 15 of chapter 239 of the General Laws may answer ‘no record’ to an inquiry relative to
1854that sealed court record.”
1855 i) A party who obtains a judgment or enters into an agreement in an eviction action solely
1856for nonpayment of rent, shall, not more than 14 days after satisfaction of the judgment or
1857agreement, file with the court in which the judgment or agreement was entered a notice of
1858satisfaction of the judgment or agreement. A party that has satisfied such judgment or agreement 86 of 126
1859may, upon noncompliance with this subsection by the other party, file a petition for the judgment
1860or agreement to be deemed satisfied, with notice to the parties to such action. The court shall
1861comply with the petitioner’s request under this subsection, provided, that the record only pertains
1862to an action for nonpayment of rent and the judgment or agreement has been satisfied. If no
1863objection is filed by a party within 7 days of filing the petition, such court may, in its discretion,
1864process such petitions administratively without a hearing. Upon the filing of a notice of
1865satisfaction of judgment or an agreement, or court judgment deeming the judgment or agreement
1866satisfied, a party may, pursuant to and subject to the time frames set forth in subsection (b),
1867petition the court to seal the court record pertaining to that action.
1868 SECTION 48. Section 3 of chapter 708 of the acts of 1966, as amended by section 43 of
1869chapter 204 of the acts of 1996, is hereby further amended by striking out, in the first sentence,
1870the words “department of housing and community development” and inserting in place thereof
1871the following words:- executive office of housing and livable communities
1872 SECTION 49. The second paragraph of said section 3 of said chapter 708, as amended, is
1873hereby further amended by striking out, in the first sentence, the words “director of housing and
1874community development” and inserting in place thereof the following words:- secretary of
1875housing and livable communities
1876 SECTION 50. Subsection (a) of section 35 of chapter 405 of the acts of 1985, as
1877amended by section 47 of chapter 204 of the acts of 1996, is hereby amended by striking out the
1878words “department of housing and community development” and inserting in place thereof the
1879following words:- executive office of housing and livable communities 87 of 126
1880 SECTION 51. Said subsection (a) of said section 35 of said chapter 405, as amended, is
1881hereby further amended by striking out the words “secretary of communities and development”
1882and inserting in place thereof the following words:- secretary of housing and livable
1883communities
1884 SECTION 52. Item 3722-8899 of section 2 of chapter 494 of the acts of 1993 is hereby
1885amended by striking out, in clause (2), the words “provided, that said property shall not be
1886released from such restriction unless and until the balance of the principal and interest for said
1887loan is repaid in full or unless and until a mortgage foreclosure deed is recorded;” and inserting
1888in place thereof the following words:- provided, that said property shall not be released from
1889such restriction unless and until: (i) the balance of the principal and interest for said loan is
1890repaid in full; (ii) a mortgage foreclosure deed is recorded; or (iii) the disposition of the
1891property, provided that the department of housing and community development determines that
1892relevant clients will be better served at an alternative property and the proceeds from the
1893disposition of the property will be used, to the extent necessary for replacement of the housing at
1894the property, for one or more of the following purposes: (A) to acquire such alternative property
1895and (B) to rehabilitate such alternative property;
1896 SECTION 53. Item 4000-8200 of section 2 of chapter 52 of the acts of 1993, as amended
1897by chapter 244 of the acts of 2002, is hereby further amended by striking out, in clause (3) the
1898words “provided, that the property shall not be released from such restrictions until the balance
1899of the principal and interest for the loan is repaid in full or until a mortgage foreclosure deed is
1900recorded” and inserting in place thereof the following words:- provided, that the property shall
1901not be released from such restrictions unless: (i) the balance of the principal and interest for the
1902loan has been repaid in full; (ii) a mortgage foreclosure deed has been recorded; or (iii) there has 88 of 126
1903been a disposition of the property, provided that the department of housing and community
1904development, in consultation with the department of mental health and the department of
1905developmental services, determines that relevant clients will be better served at an alternative
1906property and the proceeds from the disposition of the property will be used, to the extent
1907necessary for replacement of the housing at the property, for one or more of the following
1908purposes: (A) to acquire such alternative property and (B) to rehabilitate such alternative
1909property
1910 SECTION 54. Said item 4000-8200 of said section 2 of said chapter 52, as amended, is
1911hereby further amended by striking out, in clause (4), the words “that the project shall continue
1912to remain affordable housing for the duration of the loan term” and inserting in place thereof the
1913following:- that the project, whether at the original property, or at an alternative property
1914pursuant to clause (3) of this item, shall remain affordable housing for the duration of the loan
1915term.
1916 SECTION 55. Said item 4000-8200 of said section 2 of said chapter 52, as amended, is
1917hereby further amended by striking out clauses (6) to (9), inclusive, and inserting in place thereof
1918the following two clauses:-
1919 (6) said loans shall be provided only for projects conforming to the provisions of this act;
1920and
1921 (7) said loans shall be issued in accordance with a facilities consolidation plan prepared
1922by the secretary of health and human services, reviewed and approved by the secretary of
1923communities and development and filed with the secretary for administration and finance and the
1924house and senate committees on ways and means; provided, that no expenditures shall be made 89 of 126
1925pursuant to this item without the prior approval of the secretary for administration and finance;
1926provided further, that not more than ten million dollars may be expended from this item for a
1927pilot program of community-based housing loans to serve mentally ill homeless individuals in
1928the current or former care of said department of mental health; provided further, that in
1929implementing said pilot program, said department shall take due consideration of a balanced
1930geographic plan when establishing community-based residences; provided further, that said
1931housing services made available pursuant to such loans shall not be construed as a right or an
1932entitlement for any individual or class of persons to the benefits of said pilot program; provided
1933that eligibility for said pilot program shall be established by regulations promulgated by the said
1934department.
1935 SECTION 56. Said item 3722-8899 of said section 2 of said chapter 494 is hereby further
1936amended by striking out, in clause (4), the words “provided, that the project continues to remain
1937affordable housing as set forth in the contract or agreement entered into for the duration of the
1938project by the department;” and inserting in place thereof the following words:- provided, that
1939that the project, whether at the original property, or at an alternative property pursuant to clause
1940(2) of this item, continues to remain affordable housing as set forth in the contract or agreement
1941entered into for the duration of the project by the department;
1942 SECTION 57. Said item 3722-8899 of said section 2 of said chapter 494, as amended is
1943hereby further amended by striking out clause (6) to (8), inclusive, and inserting in place thereof
1944the following clause:-
1945 and (6) said department shall take due consideration of a balanced geographic plan for
1946such alternative forms of housing when issuing said loans; 90 of 126
1947 SECTION 58. Section 16 of chapter 179 of the acts of 1995 is hereby amended by
1948striking out, in the first paragraph, the words “in the form of mobile vouchers” and inserting in
1949place thereof the following words:- in the form of either mobile vouchers or project based
1950vouchers.
1951 SECTION 59. Section 12 of chapter 257 of the acts of 1998 is hereby amended by
1952striking out clause (2) and inserting in place thereof the following clause:-
1953 (2) such loans shall only be issued when a contract or agreement for the use of the
1954property for the purposes of such housing provides for the recording of a restriction in the
1955registry of deeds or the registry district of the land court in the county in which the affected real
1956property is located, for the benefit of said department, running with the land, that the land be
1957used for the purpose of providing alternative forms of rental and ownership housing. Such
1958property shall not be released from such restriction until: (i) the balance of the principal and
1959interest for any such loan shall be repaid in full; (ii) a mortgage foreclosure deed shall be
1960recorded; or (iii) there has been a disposition of the property, provided that the department of
1961housing and community development determines that relevant clients will be better served at an
1962alternative property and the proceeds from the disposition of the property will be used, to the
1963extent necessary for replacement of the housing at the property, for one or more of the following
1964purposes: (A) to acquire such alternative property and (B) to rehabilitate such alternative
1965property;
1966 SECTION 60. Said section 12 of said chapter 257 is hereby further amended by striking
1967out, in clause (3), the words “provided, that the project continues to remain affordable housing as
1968set forth in the contract or agreement entered into for the duration of the project by the 91 of 126
1969department;” and inserting in place thereof the following words:- provided, that the project,
1970whether at the original property, or at an alternative property pursuant to clause (2) of this item,
1971continues to remain affordable housing as set forth in the contract or agreement entered into for
1972the duration of the project by the department.
1973 SECTION 61. Said section 12 of said chapter 257 is further hereby amended by striking
1974out clause (5) to (7), inclusive, and inserting in place thereof the following clause:-
1975 and (5) said department shall take due consideration of a balanced geographic plan for
1976such alternative forms of housing when issuing such loans.
1977 SECTION 62. Section 5 of chapter 244 of the acts of 2002 is hereby amended by striking
1978out clause (2) and inserting in place thereof the following clause:-
1979 (2) such loans shall only be issued when a contract or agreement for the use of the
1980property for the purposes of such housing provides for the recording of a restriction in the
1981registry of deeds or the registry district of the land court in the county in which the affected real
1982property is located, for the benefit of said department, running with the land, that the land be
1983used for the purpose of providing alternative forms of rental and ownership housing. Such
1984property shall not be released from such restriction until: (i) the balance of the principal and
1985interest for any such loan shall be repaid in full; (ii) a mortgage foreclosure deed shall be
1986recorded; or (iii) there has been a disposition of the property, provided that the department of
1987housing and community development determines that relevant clients will be better served at an
1988alternative property and the proceeds from the disposition of the property will be used, to the
1989extent necessary for replacement of the housing at the property, for one or more of the following 92 of 126
1990purposes: (A) to acquire such alternative property and (B) to rehabilitate such alternative
1991property;
1992 SECTION 63. Said section 5 of said chapter 244 is hereby further amended by striking
1993out, in clause (3), the words “provided that the project continues to remain affordable housing as
1994set forth in the contract or agreement entered into for the duration of the project by the
1995department” and inserting in place thereof the following words:- provided that the project,
1996whether at the original property, or at an alternative property pursuant to clause (2) of this item,
1997continues to remain affordable housing as set forth in the contract or agreement entered into for
1998the duration of the project by the department.
1999 SECTION 64. Said section 5 of said chapter 244 is hereby further amended by striking
2000out clause (5) to (7), inclusive, and inserting in place thereof the following clause:-
2001and (5) said department shall take due consideration of a balanced geographic plan for such
2002alternative forms of housing when issuing such loans.
2003 SECTION 65. Item 4000-8200 of section 2E of chapter 290 of the acts of 2004 is hereby
2004amended by striking out clause (2) and inserting in place thereof the following clause:-
2005 (2) said loans shall be issued only when any contract or agreement for the use of said
2006property for the purposes of such housing provides for repayment to the commonwealth at the
2007time of disposition of the property if such property will no longer be subject to a recorded deed
2008restriction pursuant to clause (3) of this item; provided, however, that such repayment shall be an
2009amount equal to the commonwealth's proportional contribution from the Facilities Consolidation
2010Fund to the cost of the development through payments made by the state agency making the
2011contract; provided, further, that such repayment shall not be required if the department of 93 of 126
2012housing and community development, in consultation with the department of mental health and
2013the department of developmental services, determines that relevant clients will be better served at
2014an alternative property and the proceeds from the disposition of the property will be used, to the
2015extent necessary for replacement of the housing at the property, for one or more of the following
2016purposes: (A) to acquire such alternative property and (B) to rehabilitate such alternative
2017property;
2018 SECTION 66. Said item 4000-8200 of said section 2E of said chapter 290 is hereby
2019further amended by striking out, in clause (3), the words “provided, that the property shall not be
2020released from such restrictions until the balance of the principal and interest for the loan is repaid
2021in full or until a mortgage foreclosure deed is recorded” and inserting in place thereof the
2022following words:- provided, that the property shall not be released from such restrictions unless:
2023(i) the balance of the principal and interest for the loan is repaid in full; (ii) a mortgage
2024foreclosure deed is recorded; or (iii) the department of housing and community development has
2025determined, pursuant to clause (2) of this item, that repayment to the commonwealth is not
2026required.
2027 SECTION 67. Said item 4000-8200 of said section 2E of said chapter 290 is hereby
2028further amended by striking out, in clause (4), the words “provided, however, that the project
2029shall continue to remain affordable housing for the duration of the loan term, as extended, as set
2030forth in the contract or agreement entered into by the department” and inserting in place thereof
2031the following words:- provided, however, that the project, whether at the original property, or at
2032an alternative property pursuant to clause (3) of this item, shall continue to remain affordable
2033housing for the duration of the loan term, as extended, as set forth in the contract or agreement
2034entered into by the department. 94 of 126
2035 SECTION 68. Said item 4000-8200 of said section 2E of said chapter 290 is hereby
2036amended by striking out clause (6) and clause (7).
2037 SECTION 69. Said item 4000-8200 of said section 2E of said chapter 290 is hereby
2038further amended by striking out the figure “(8)” and inserting in place thereof the following
2039figure:- (6).
2040 SECTION 70. Said item 4000-8200 of said section 2E of said chapter 290 is hereby
2041further amended by striking out the figure “(9)” and inserting in place thereof the following
2042figure:- (7).
2043 SECTION 71. Said item 4000-8200 of said section 2E of said chapter 290 is hereby
2044further amended by striking out the figure “(10)” and inserting in place thereof the following
2045figure:- (8).
2046 SECTION 72. Item 4000-8201 of said section 2E of said chapter 290 is hereby amended
2047by striking out clause (2) and inserting in place thereof the following:-
2048 (2) said loans shall be issued only when any contract or agreement for the use of said
2049property for the purposes of such housing provides for repayment to the commonwealth at the
2050time of disposition of the property if such property will no longer be subject to a recorded deed
2051restriction pursuant to clause (3) of this item; provided, however, that such repayment shall be an
2052amount equal to the commonwealth's proportional contribution from this item to the cost of the
2053development through payments made by the state agency making the contract; provided, further,
2054that such repayment shall not be required if the department of housing and community
2055development, in consultation with the Massachusetts rehabilitation commission, determines that
2056relevant clients will be better served at an alternative property and the proceeds from the 95 of 126
2057disposition of the property will be used, to the extent necessary for replacement of the housing at
2058the property, for one or more of the following purposes: (A) to acquire such alternative property
2059and (B) to rehabilitate such alternative property
2060 SECTION 73. Said item 4000-8201 of said section 2E of said chapter 290 is hereby
2061further amended by striking out in clause (3) the words “provided further, that the property shall
2062not be released from such restrictions until the balance of the principal and interest for the loan is
2063repaid in full or until a mortgage foreclosure deed is recorded” and inserting in place thereof the
2064following:- provided further, that the property shall not be released from such restrictions
2065unless: (A) the balance of the principal and interest for the loan is repaid in full; (B) a mortgage
2066foreclosure deed is recorded; or (C) the department of housing and community development has
2067determined, pursuant to clause (2) of this item, that repayment to the commonwealth is not
2068required
2069 SECTION 74. Said item 4000-8201 of said section 2E of said chapter 290 is hereby
2070further amended by striking out, in clause (4), the words “provided, however, that the project
2071shall continue to remain affordable housing for the duration of the loan term, as extended, as set
2072forth in the contract or agreement entered into by the department” and inserting in place thereof
2073the following:- provided, however, that the project, whether at the original property, or at an
2074alternative property pursuant to clause (2) of this item, shall continue to remain affordable
2075housing for the duration of the loan term, as extended, as set forth in the contract or agreement
2076entered into by the department
2077 SECTION 75. Said item 4000-8201 of said section 2E of said chapter 290 is hereby
2078further amended by striking out clause (6) and (7). 96 of 126
2079 SECTION 76. Said item 4000-8201 of said section 2E of said chapter 290 is hereby
2080further amended by striking out the figure “(8)” and inserting in place thereof the following
2081figure:- (6)
2082 SECTION 77. Said item 4000-8201 of said section 2E of said chapter 290 is hereby
2083further amended by striking out the figure “(9)” and inserting in place thereof the following
2084figure:- (7)
2085 SECTION 78. Said item 4000-8201 of said section 2E of said chapter 290 is hereby
2086further amended by striking out the figure “(10)” and inserting in place thereof the following
2087figure:- (8)
2088 SECTION 79. Item 7004-7013 of section 2E of chapter 290 of the acts of 2004 is hereby
2089amended by inserting after figure “2002” the following words:- , as amended.
2090 SECTION 80. Item 7004-0029 of section 2 of chapter 119 of the acts of 2008 is hereby
2091amended by striking out clause (2) and inserting in place thereof the following:-
2092 (2) be issued only when a contract or agreement for the use of the property for such
2093housing provides for repayment to the commonwealth at the time of disposition of the property if
2094such property will no longer be subject to a recorded deed restriction pursuant to clause (3) of
2095this item; provided, however, that such repayment shall be in an amount equal to the
2096commonwealth's proportional contribution from the Facilities Consolidation Fund to the cost of
2097the development through payments made by the state agency making the contract; provided,
2098further, that such repayment shall not be required if the department of housing and community
2099development, in consultation with the department of mental health and the department of
2100developmental services, determines that relevant clients will be better served at an alternative 97 of 126
2101property and the proceeds from the disposition of the property will be used, to the extent
2102necessary for replacement of the housing at the property, for one or more of the following
2103purposes: (A) to acquire such alternative property and (B) to rehabilitate such alternative
2104property
2105 SECTION 81. Said item 7004-0029 of said section 2 of said chapter 119 is hereby further
2106amended by striking out, in clause (3), the words “provided, that the property shall not be
2107released from such restriction until the balance of the principal and interest for the loan has been
2108repaid in full or until a mortgage foreclosure deed has been recorded” and inserting in place
2109thereof the following words:- provided, that the property shall not be released from such
2110restriction unless: (i) the balance of the principal and interest for the loan has been repaid in
2111full; (ii) a mortgage foreclosure deed has been recorded; or (iii) the department of housing and
2112community development has determined, pursuant to clause (2) of this item, that repayment to
2113the commonwealth is not required.
2114 SECTION 82. Said item 7004-0029 of said section 2 of said chapter 119 is hereby further
2115amended by striking out, in clause (4), the words “provided, however, that the project shall
2116remain affordable housing for the duration of the loan term, including any extension thereof, as
2117set forth in the contract or agreement entered into by the department” and inserting in place
2118thereof the following words:- provided, however, that the project, whether at the original
2119property, or at an alternative property pursuant to clause (3) of this item, shall remain affordable
2120housing for the duration of the loan term, including any extension thereof, as set forth in the
2121contract or agreement entered into by the department. 98 of 126
2122 SECTION 83. Said item 7004-0029 of said section 2 of said chapter 119 is hereby further
2123amended by striking out, in clause (5), the words "; provided further, that expenditures from this
2124item shall not be made for the purpose of refinancing outstanding mortgage loans for
2125community-based housing in existence prior to the effective date of this act; provided further,
2126that community-based housing projects developed pursuant to this item shall not be refinanced
2127during the term of any loan issued pursuant to this item unless the balance of the principal and
2128interest for such loan has been repaid in full at the time of such refinancing; provided further,
2129that the community-based housing projects may be refinanced if the refinancing would result in a
2130reduction of costs paid by the commonwealth; provided further, that a refinanced loan shall be
2131due and payable on a date not later than the date on which the original loan was due and payable,
2132except in accordance with clause (4) when necessary to effect extraordinary repairs or
2133maintenance which shall be approved by the commissioner of mental retardation or the
2134commissioner of mental health, as the case may be, and the department;"
2135 SECTION 84. Said item 7004-0030 of said section 2 of said chapter 119 is hereby further
2136amended by striking out clause (2) and inserting in place thereof the following clause:-
2137 (2) be issued only when a contract or agreement for the use of the property for the
2138purposes of such housing provides for repayment to the commonwealth at the time of disposition
2139of the property if such property will no longer be subject to a recorded deed restriction pursuant
2140to clause (3) of this item; provided, however, that such repayment shall be in an amount equal to
2141the commonwealth’s proportional contribution from community based housing to the cost of the
2142development through payments made by the state agency making the contract; provided, further,
2143that such repayment shall not be required if the department of housing and community
2144development, in consultation with the Massachusetts rehabilitation commission, determines that 99 of 126
2145relevant clients will be better served at an alternative property and the proceeds from the
2146disposition of the property will be used, to the extent necessary for replacement of the housing at
2147the property, for one or more of the following purposes: (A) to acquire such alternative property
2148and (B) to rehabilitate such alternative property;
2149 SECTION 85. Said item 7004-0030 of said section 2 of said chapter 119 is hereby further
2150amended by striking out, in clause (3), the words “provided further, that the property shall not be
2151released from such restrictions until the balance of the principal and interest for the loan has been
2152repaid in full or until a mortgage foreclosure deed has been recorded;” and inserting in place
2153thereof the following words:- provided further, that the property shall not be released from such
2154restrictions unless: (A) the balance of the principal and interest for the loan has been repaid in
2155full; (B) a mortgage foreclosure deed has been recorded; or (C) the department of housing and
2156community development has determined, pursuant to clause (2) of this item, that repayment to
2157the commonwealth is not required
2158 SECTION 86. Said item 7004-0030 of said section 2 of said chapter 119 is hereby further
2159amended by striking out, in clause (4), the words “provided, however, that the project shall
2160continue to remain affordable housing for the duration of the loan term, including any extensions
2161thereof, as set forth in the contract or agreement entered into by the department;” and inserting
2162place thereof the following words:- provided, however, that the project, whether at the original
2163property, or at an alternative property pursuant to clause (2) of this item, shall continue to remain
2164affordable housing for the duration of the loan term, including any extensions thereof, as set
2165forth in the contract or agreement entered into by the department; 100 of 126
2166 SECTION 87. Said item 7004-0030 of said section 2 of said chapter 119 is hereby further
2167amended by striking out clause (5) and inserting in place thereof the following clause:-
2168 (5) have interest rates fixed at a rate, to be determined by the department, in consultation
2169with the state treasurer; provided further, that the loans shall be issued in accordance with an
2170enhancing community-based services plan prepared by the secretary of health and human
2171services, in consultation with the department and filed with the secretary for administration and
2172finance and the house and senate committees on ways and means and the joint committee on
2173housing; provided further, that no expenditure shall be made from this item without the prior
2174approval of the secretary for administration and finance; provided further, that the department
2175shall promulgate regulations pursuant to chapter 30A of the General Laws for the
2176implementation, administration and enforcement of this item, consistent with the enhancing
2177community-based services plan prepared by the secretary of health and human services after
2178consultation with the secretary and the commissioner of capital asset management and
2179maintenance
2180 SECTION 88. Sections 30, 36 and 98 of chapter 238 of the acts of 2012 are hereby
2181repealed.
2182 SECTION 89. Item 7004-0040 of section 2 of chapter 129 of the acts of 2013 is hereby
2183amended by striking out clause (ii) and inserting in place thereof the following clause:-
2184 (ii) be issued only when a contract or agreement for the use of the property for such
2185housing provides for repayment to the commonwealth at the time of disposition of the property if
2186such property will no longer be subject to a recorded deed restriction pursuant to clause (iii) of
2187this item; provided, however, that such repayment shall be in an amount equal to the 101 of 126
2188commonwealth's proportional contribution from the Facilities Consolidation Fund to the cost of
2189the development through payments made by the state agency making the contract; provided,
2190further, that such repayment shall not be required if the department of housing and community
2191development in consultation with the department of mental health and the department of
2192developmental services, determines that relevant clients will be better served at an alternative
2193property and the proceeds from the disposition of the property will be used, to the extent
2194necessary for replacement of the housing at the property, for one or more of the following
2195purposes: (A) to acquire such alternative property and (B) to rehabilitate such alternative
2196property;
2197 SECTION 90. Said item 7004-0040 of said section 2 of said chapter 129 is hereby
2198further amended by striking out, in clause (iii) the words “provided, however, that the property
2199shall not be released from such restriction until the balance of the principal and interest for the
2200loan has been repaid in full or until a mortgage foreclosure deed has been recorded” and inserting
2201in place thereof the following words:- provided, however, that the property shall not be released
2202from such restriction unless: (A) the balance of the principal and interest for the loan has been
2203repaid in full; (B) a mortgage foreclosure deed has been recorded; or (C) the department of
2204housing and community development has determined, pursuant to clause (ii) of this item, that
2205repayment to the commonwealth is not required.
2206 SECTION 91. Said item 7004-0040 of said section 2 of said chapter 129 is hereby further
2207amended by striking out in clause (iv) the words “provided further, that the project shall remain
2208affordable housing for the duration of the loan term, including any extension thereof, as set forth
2209in the contract or agreement entered into by the department” and inserting in place thereof the
2210following words:- provided further, that the project, whether at the original property, or at an 102 of 126
2211alternative property pursuant to clause (iii) of this item, shall remain affordable housing for the
2212duration of the loan term, including any extension thereof, as set forth in the contract or
2213agreement entered into by the department.
2214 SECTION 92. Said item 7004-0041 of said section 2 of said chapter 129 is hereby further
2215amended by striking out clause (ii) and inserting in place thereof the following clause:-
2216 (ii) be issued only when a contract or agreement for the use of the property for the
2217purposes of such housing provides for repayment to the commonwealth at the time of disposition
2218of the property if such property will no longer be subject to a recorded deed restriction pursuant
2219to clause (iii) of this item; provided, however, that such repayment shall be in an amount equal
2220to the commonwealth’s proportional contribution from community based housing to the cost of
2221the development through payments made by the state agency making the contract; provided,
2222further, that such repayment shall not be required if the department of housing and community
2223development, in consultation with the Massachusetts rehabilitation commission, determines that
2224relevant clients will be better served at an alternative property and the proceeds from the
2225disposition of the property will be used, to the extent necessary for replacement of the housing at
2226the property, for one or more of the following purposes: (A) to acquire such alternative property
2227and (B) to rehabilitate such alternative property;
2228 SECTION 93. Said item 7004-0041 of said section 2 of said chapter 129 is hereby further
2229amended by striking out, in clause (iii), the words “provided, however, that the property shall not
2230be released from such restrictions until the balance of the principal and interest for the loan has
2231been repaid in full or until a mortgage foreclosure deed has been recorded;” and inserting in
2232place thereof the following words:- provided however, that the property shall not be released 103 of 126
2233from such restrictions unless: (A) the balance of the principal and interest for the loan has been
2234repaid in full; (B) a mortgage foreclosure deed has been recorded; or (C) the department of
2235housing and community development has determined, pursuant to clause (ii) of this item, that
2236repayment to the commonwealth is not required
2237 SECTION 94. Said item 7004-0041 of said section 2 of said chapter 129 is hereby further
2238amended by striking out, in clause (iv), the words “provided, however, that the project shall
2239continue to remain affordable housing for the duration of the loan term, including any extensions
2240thereof, as set forth in the contract or agreement entered into by the department;” and inserting
2241place thereof the following words:- provided, however, that the project, whether at the original
2242property, or at an alternative property pursuant to clause (ii) of this item, shall continue to remain
2243affordable housing for the duration of the loan term, including any extensions thereof, as set
2244forth in the contract or agreement entered into by the department;
2245 SECTION 95. Item 7004-0050 of section 2 of chapter 99 of the acts of 2018 is hereby
2246amended by striking out clause (ii) and inserting in place thereof the following clause:-
2247 (ii) not be issued unless a contract or agreement for the use of the property for such
2248housing provides for repayment to the commonwealth at the time of disposition of the property if
2249such property will no longer be subject to a recorded deed restriction pursuant to clause (iii) of
2250this item; provided, however, that such repayment shall be in an amount equal to the
2251commonwealth's proportional contribution from the Facilities Consolidation Fund to the cost of
2252the development through payments made by the state agency making the contract; provided,
2253further, that such repayment shall not be required if the department of housing and community
2254development, in consultation with the department of mental health and the department of 104 of 126
2255developmental services, determines that relevant clients will be better served at an alternative
2256property and the proceeds from the disposition of the property will be used, to the extent
2257necessary for replacement of the housing at the property, for one or more of the following
2258purposes: (A) to acquire such alternative property and (B) to rehabilitate such alternative
2259property;
2260 SECTION 96. Said item 7004-0050 of said section 2 of said chapter 99 is hereby further
2261amended by striking out, in clause (iii), the words “provided, however, that the property shall not
2262be released from such restriction until the balance of the principal and interest for the loan has
2263been repaid in full or until a mortgage foreclosure deed has been recorded” and inserting in place
2264thereof the following words:- provided, however, that the property shall not be released from
2265such restriction unless: (A) the balance of the principal and interest for the loan has been repaid
2266in full; (B) a mortgage foreclosure deed has been recorded; or (C) the department of housing and
2267community development has determined, pursuant to clause (ii) of this item, that repayment to
2268the commonwealth is not required.
2269 SECTION 97. Said item 7004-0050 of said section 2 of said chapter 99 is hereby further
2270amended by striking out, in clause (iv), the words “provided further, that the project shall remain
2271affordable housing for the duration of the loan term, including any extension thereof, as set forth
2272in the contract or agreement entered into by the department” and inserting in place thereof the
2273following words:- provided further, that the project, whether at the original property, or at an
2274alternative property pursuant to clause (iii) of this item, shall remain affordable housing for the
2275duration of the loan term, including any extension thereof, as set forth in the contract or
2276agreement entered into by the department. 105 of 126
2277 SECTION 98. Said item 7004-0051 of said section 2 of said chapter 99 is hereby
2278amended by striking out clause (ii) and inserting in place thereof the following clause:-
2279 (ii) not be issued unless a contract or agreement for the use of the property for the
2280purposes of such housing provides for repayment to the commonwealth at the time of disposition
2281of the property if such property will no longer be subject to a recorded deed restriction pursuant
2282to clause (iii) of this item; provided, however, that such repayment shall be in an amount equal
2283to the commonwealth’s proportional contribution from community based housing to the cost of
2284the development through payments made by the state agency making the contract; provided,
2285further, that such repayment shall not be required if the department of housing and community
2286development, in consultation with the Massachusetts rehabilitation commission, determines that
2287relevant clients will be better served at an alternative property and the proceeds from the
2288disposition of the property will be used, to the extent necessary for replacement of the housing at
2289the property, for one or more of the following purposes: (A) to acquire such alternative property
2290and (B) to rehabilitate such alternative property;
2291 SECTION 99. Said item 7004-0051 of said section 2 of said chapter 99 is hereby further
2292amended by striking out, in clause (iii), the words “provided, however, that the property shall not
2293be released from such restrictions until the balance of the principal and interest for the loan has
2294been repaid in full or until a mortgage foreclosure deed has been recorded;” and inserting in
2295place thereof the following words:- provided however, that the property shall not be released
2296from such restrictions unless: (A) the balance of the principal and interest for the loan has been
2297repaid in full; (B) a mortgage foreclosure deed has been recorded; or (C) the department of
2298housing and community development has determined, pursuant to clause (ii) of this item, that
2299repayment to the commonwealth is not required 106 of 126
2300 SECTION 100. Said item 7004-0051 of said section 2 of said chapter 99 is hereby further
2301amended by striking out, in clause (iv), the words “provided, however, that the project shall
2302continue to remain affordable housing for the duration of the loan term, including any extensions
2303thereof, as set forth in the contract or agreement entered into by the department;” and inserting
2304place thereof the following words:- provided, however, that the project, whether at the original
2305property, or at an alternative property pursuant to clause (ii) of this item, shall continue to remain
2306affordable housing for the duration of the loan term, including any extensions thereof, as set
2307forth in the contract or agreement entered into by the department;
2308 SECTION 101. Notwithstanding any general law or special law, or any rule or regulation
2309to the contrary, the architectural access board, established pursuant to section 13A of chapter 22
2310of the General Laws, shall determine the value of any multiple dwelling, as defined in 521 CMR
23115.00, that is owned, constructed or renovated by a housing authority, as defined in section 1 of
2312chapter 121B of the General Laws, by a replacement cost that is determined by and reflected in
2313the executive office of housing and livable communities’ Capital Planning System survey and
2314database for state-funded public housing. For such buildings that are not included in such survey
2315and database, the replacement costs shall be calculated by the executive office based on the
2316replacement costs for comparable facilities that are included in such survey and database. The
2317executive office shall supplement the survey and database on file with the architectural access
2318board, for any such building, by preparing and filing documentation identifying the replacement
2319cost for the building and how it was calculated.
2320 SECTION 102. Notwithstanding any general or special law to the contrary, there shall be
2321established a special commission to make recommendations on expanding the supply of housing
2322available and affordable to tenants with a household income of not more than 30 per cent of the 107 of 126
2323area median income, adjusted for household size, as periodically determined by the United States
2324Department of Housing and Urban Development. The commission shall review and evaluate
2325federal, state and local subsidies that support the creation of housing for such tenants and make
2326policy recommendations to increase the supply of housing that is available and affordable to
2327households earning not more than 30 per cent of the area median income.
2328 (a) Without limitation, the commission shall consider the following: (i) the number of
2329deeply subsidized rental units targeted at families with incomes at or below 30 per cent of the
2330area median income and the percentage of those units that are accessible to persons with
2331disabilities; (ii) the number of families with such incomes per deeply subsidized rental unit; (iii)
2332the gap between median rents and the rent affordable to families with such incomes, and analysis
2333of whether housing subsidies are sufficient to bridge such gap; (iv) the ratio of households with
2334such incomes to unsubsidized units available at rents up to 50 per cent of such income; (v)
2335housing market factors such as vacancy rates, rate of rent increases, conversion of rental housing
2336to homeownership units; and (vi) the impact of non-housing subsidies such as earned income tax
2337credit on cost burden for working families; and barriers to accessing available housing, including
2338racial and ethnic disparities in housing access.
2339 (b) The commission shall consist of the secretary of housing and livable communities or
2340their designee, who shall serve as chair; the house and senate chairs of the joint committee on
2341housing or their designees; the minority leader of the house of representatives or a designee; the
2342minority leader of the senate or a designee; the secretary of administration and finance or a
2343designee; the secretary of health and human services or a designee; a representative of the
2344Citizens’ Housing and Planning Association; a representative of the Massachusetts Housing
2345Partnership; a representative of the Massachusetts Housing Finance Agency; a representative of 108 of 126
2346the Community Economic Development Assistance Corporation; a representative of the
2347Massachusetts Law Reform Institute; a representative of the Massachusetts Association of
2348Community Development Corporations; a representative of the Regional Housing Network; ;
2349and 5 members appointed by the governor: 1 of whom shall be a representative of a local
2350housing authority; 1 of whom shall be a representative of an advocacy organization representing
2351tenants; 1 of whom shall have expertise in affordable housing finance; 1 of whom shall have
2352expertise in nonprofit affordable housing development; and 1 of whom shall have expertise in
2353development of permanent supportive housing.
2354 (c) Not later than June 30, 2025, the commission shall file its recommendations with the
2355clerks of the senate and house of representatives and the joint committee on housing not later
2356than June 30, 2025.
2357 SECTION 103. (a) Notwithstanding any general or special law to the contrary, there shall
2358be a special commission to study and make recommendations on creating affordable and healthy
2359senior housing in the commonwealth. The commission’s review shall include, at a minimum,
2360recommending strategies to better align housing, homecare and healthcare policy and programs
2361to increase access and opportunity for residents of the commonwealth to age in community.
2362 (b) The commission shall consist of the secretary of housing and livable communities or a
2363designee, who shall serve as chair; the secretary of the executive office of elder affairs or a
2364designee; the chairpersons of the joint committee on elder affairs or their designees; the
2365chairpersons of the joint committee on housing or their designees; 1 member who shall be
2366appointed by the minority leader of the house of representatives; 1 member who shall be
2367appointed by the minority leader of the senate; 1 member shall be a representative of Citizens’ 109 of 126
2368Housing and Planning Association, Inc.; 4 members shall be representatives of statewide
2369organizations focusing on aging concerns; and 2 members shall be representatives of nonprofit
2370housing developers with experience developing affordable senior rental housing.
2371 (c) The study shall include, but not be limited to:
2372 i. Mapping out the economic profile of our older adults and determine the gaps in
2373services.
2374 ii.Identifying best practices for creating supportive senior housing with sustainable
2375funding.
2376 iii.Determining strategies for bridging silos for supporting elders in community,
2377including identifying federal waivers or other actions to support integration.
2378 iv.Identifying partners to create opportunities for supportive housing development
2379with health care built in.
2380 v. Estimating the costs and potential impact of programs and recommend
2381comprehensive strategies.
2382 vi.Recommendations for creating academic partnerships to document and evaluate
2383program innovations.
2384 vii.An analysis of the projected demand for senior housing over the next 5 years.
2385 viii.Recommendations to ensure senior housing is physically accessible and ADA
2386compliant. 110 of 126
2387 ix.A review of barriers to necessary housing modifications and potential funding
2388sources.
2389 x. Recommendations to encourage development of senior housing in walkable areas
2390near community amenities and public transportation.
2391 xi.An evaluation of age-restricted housing and intergenerational housing with
2392respect to costs, tenant preferences, accessibility, and safety.
2393 xii.Design and infrastructure recommendations, such as increased ventilation and
2394functional outdoor space, with the intention of preventing the spread of contagious diseases.
2395 (d) Not later than June 30, 2025, the commission shall file a report with the clerks of the
2396senate and house of representatives, the senate and house chairs of the joint committee on elder
2397affairs and the senate and house chairs of the joint committee on housing.
2398 SECTION 104. (a) As used in this section, the following words shall, unless the context
2399clearly requires otherwise, have the following meanings:-
2400 “Affordable housing purposes”, development of multi-family housing, of which either: (i)
2401not less than 25 per cent shall be affordable to households with incomes at or below 80 per cent
2402of the area median income, adjusted for household size; or (ii) not less than 20 per cent shall be
2403affordable to households with incomes at or below 50 per cent of the area median income,
2404adjusted for household size; provided, that affordable housing purposes may include subsequent
2405conveyance by a public agency, as defined in section 1 of chapter 7C of the General Laws, other
2406than a state agency, with a restriction for affordable housing purposes.
2407 “Commissioner”, the commissioner of capital asset management and maintenance. 111 of 126
2408 “Housing purposes”, development of housing for use as the primary residence of the
2409occupant, including, but not limited to: market rate housing, affordable housing and public
2410housing; provided, that housing purposes may include subsequent conveyance by a public
2411agency, as defined in section 1 of chapter 7C of the General Laws, other than a state agency,
2412with a restriction for housing purposes; and provided, further that housing purposes shall include
2413affordable housing purposes.
2414 “Public agency”, as defined in section 1 of chapter 7C of the General Laws; provided,
2415however, that for the purposes of this section, public agency shall not include cities, towns or
2416counties, or any boards, committees, commissions or other instrumentalities thereof.
2417 “Real property”, as defined in said section 1 of said chapter 7C.
2418 “Secretary”, the secretary of administration and finance.
2419 “State agency”, as defined in said section 1 of said chapter 7C; provided, however, that
2420for the purposes of this section, state agency shall not include counties.
2421 “Surplus real property”, (i) real property of the commonwealth that has been determined:
2422(1) by the commissioner to be surplus to the current and foreseeable needs of the commonwealth
2423pursuant to paragraph (2) of subsection (b) or (2) to be surplus to current and foreseeable needs
2424of any state agency pursuant to section 33 or 34 of said chapter 7C or (ii) real property of a
2425public agency determined to be surplus to current and foreseeable needs of said public agency, as
2426determined by said public agency; provided, however, that surplus real property shall not include
2427property subject to Article XCVII of the amendments to the constitution of the commonwealth. 112 of 126
2428 (b)(1) Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the General Laws,
2429or any other general or special law to the contrary, the commissioner may sell, lease for a term
2430not to exceed 99 years, transfer or otherwise dispose of surplus real property of the
2431commonwealth or a public agency for housing purposes, in accordance with this section.
2432 (2) The commissioner may, in consultation with the secretary and the secretary of
2433housing and livable communities, determine that real property of the commonwealth is surplus
2434and shall be disposed of for housing purposes; provided that, prior to determining that said real
2435property is surplus to the current and foreseeable needs of the commonwealth, the commissioner
2436shall provide a suitable written notice and inquiry to the state agency with care and control of
2437said real property, with a date certain for any response. If no written response is timely received
2438from said state agency specifying a current or foreseeable need for such real property, the
2439commissioner shall declare such real property as surplus real property and dispose of such real
2440property for housing purposes pursuant to this section. If a written response is timely received
2441from such state agency specifying a current or foreseeable need for the real property, the
2442commissioner shall, in consultation with the secretary, the secretary of housing and livable
2443communities and such state agency, determine whether the real property shall be declared
2444surplus real property and disposed of for housing purposes pursuant to this section.
2445 The chancellor or president of any public institution of higher education as defined in
2446said section 5 of said chapter 15A may, with the approval of the commissioner of higher
2447education, determine that property of such public institution of higher education is surplus to the
2448current and foreseeable needs of such institution and the commissioner may dispose of such
2449property for housing purposes without approval by such institution’s board of trustees. 113 of 126
2450 (3) Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the General Laws, or
2451any other general or special law to the contrary, if real property of the commonwealth is
2452determined to be surplus to current needs of any state agency but not to foreseeable needs of any
2453state agency, the commissioner shall take such necessary action to ensure that any disposition of
2454the real property is temporary and maintains the commissioner’s ability to make such real
2455property available to a state agency, as needed.
2456 (4) The commissioner may, in consultation with the secretary and the secretary of
2457housing and livable communities, enter into agreements with a public agency to dispose of
2458surplus real property of the public agency for housing purposes, in accordance with this section;
2459provided, that the commissioner shall not be required to determine if the real property of the
2460public agency is surplus to the current and foreseeable needs of the commonwealth and shall not
2461be required to provide written notice and inquiry to any state agency or public agency.
2462 (5) Within 30 days of a receipt of a request by the governor identifying a parcel of land,
2463and any buildings or improvements thereon, as potentially surplus real property, a public agency,
2464including without limitation the Massachusetts Department of Transportation, the Massachusetts
2465Bay Transportation Authority and the University of Massachusetts Building Authority, shall
2466determine whether such real property is surplus to its current and foreseeable needs. If the public
2467agency determines that the real property is not surplus to its current and foreseeable needs, such
2468public agency shall respond in writing within the 30 day period, specifying the reason for its
2469determination.
2470 (6) Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the General Laws, or
2471any other general or special law to the contrary, the commissioner may amend a use restriction 114 of 126
2472held by the commonwealth for general municipal purposes or any other purpose, except those
2473purposes subject to Article XCVII of the amendments to the constitution of the commonwealth,
2474to include housing purposes.
2475 (c) Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the General Laws, or
2476any other general or special law to the contrary, if the commissioner, in consultation with the
2477secretary and the secretary of housing and livable communities, determines that real property is
2478surplus real property pursuant to paragraph (2) of subsection (b) or the commissioner enters into
2479an agreement with a public agency pursuant to paragraph (4) of said subsection (b), the
2480commissioner shall: (i) provide written notice, for each city or town in which the property is
2481located, to the city manager in the case of a city under Plan E form of government, the mayor
2482and city council in the case of all other cities, the chair of the board of selectmen in the case of a
2483town, the county commissioners, the chair of the zoning board of appeals, the chair of the
2484planning board, the regional planning agency and the members of the general court representing
2485the city or town in which the property is located; provided that such notice shall include a
2486statement that the proposed reuse of the property is for housing purposes, with a date certain for
2487any response that shall be not less than 30 days from the date of such notice; (ii) following the
2488date certain set forth in such notice, declare said real property available for disposition and
2489identify all reuse restrictions, including, but not limited to, a restriction for housing purposes; and
2490(iii) ensure that any deed, lease or other disposition agreement shall set forth all reuse
2491restrictions, including but not limited to, a restriction for housing purposes, provide for effective
2492remedies on behalf of the commonwealth and provide, in the event of a failure to comply with
2493the reuse restrictions by the grantee, lessee or other recipient, that title or such lesser interest as
2494may have been conveyed, may revert to the commonwealth. The commissioner shall, in 115 of 126
2495identifying reuse restrictions for such property, consider in good faith any comments presented
2496by local officials and members of the general court representing each city or town in which the
2497property is located. The commissioner may, in consultation with the secretary of housing and
2498livable communities, include a reversionary clause in any deed that stipulates that if the parcel
2499ceases at any time to be used for housing purposes, title to the parcel shall, at the election of the
2500commonwealth, revert to the commonwealth, which clause may be enforceable notwithstanding
2501the time limit set forth in section 7 of chapter 184A of the General Laws.
2502 (d)(1) The commissioner shall establish the value of surplus real property using
2503customarily accepted appraisal methodologies. The value shall be calculated both for: (i) the
2504highest and best use of the property as may be encumbered, and (ii) subject to uses, restrictions
2505and encumbrances defined by the commissioner. In no instance in which the commonwealth
2506retains responsibility for maintaining the said property shall the terms provide for payment of
2507less than the annual maintenance costs.
2508 (2) Notwithstanding paragraph (1), the commissioner may, in consultation with the
2509secretary and the secretary of housing and livable communities, dispose of surplus real property
2510for nominal consideration; provided, that the surplus real property shall be conveyed with a
2511restriction for affordable housing purposes. The deed or other instrument conveying the surplus
2512real property shall provide that said property shall be used solely for affordable housing purposes
2513and may include a reversionary clause that stipulates that if the parcel ceases at any time to be
2514used for affordable housing purposes, title to the parcel shall, at the election of the
2515commonwealth, revert to the commonwealth. The reversionary clause may be enforceable
2516notwithstanding the time limit set forth in section 7 of chapter 184A of the General Laws. 116 of 126
2517 (3) Notwithstanding paragraph (1), the commissioner may, in consultation with the
2518secretary and the secretary of housing and livable communities, amend a use restriction held by
2519the commonwealth to include housing purposes in accordance with paragraph (6) of subsection
2520(b) for nominal consideration.
2521 (4) Notwithstanding paragraph (1), sections 32 to 37, inclusive, of chapter 7C of the
2522General Laws, or any other general or special law to the contrary, the commissioner may, in
2523consultation with the secretary and the secretary of housing and livable communities, make real
2524property of the commonwealth that has been determined to be surplus to current needs of any
2525state agency but not to foreseeable needs of any state agency pursuant to paragraph (3) of
2526subsection (b) available for a period of time not to extend beyond the foreseeable need of any
2527state agency for housing and related purposes to municipalities, public agencies, as defined in
2528section 1 of said chapter 7C, and non-profit organizations for nominal consideration.
2529 (5) Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the General Laws, or
2530any other general or special law to the contrary, the commissioner may, in consultation with the
2531secretary, the secretary of housing and livable communities and the state agency with care and
2532control of the real property, transfer care and control of real property between state agencies for
2533housing and related purposes.
2534 (e) The commissioner shall, in consultation with the secretary of housing and livable
2535communities, dispose of surplus real property: (1) utilizing appropriate competitive processes
2536and procedures; or (2) through a sales-partnership agreement with the municipality wherein said
2537real property is located; provided, that said agreement shall require the municipality to utilize
2538appropriate competitive processes and procedures; provided, further, that said agreement may 117 of 126
2539require the municipality to conduct said competitive process and select a developer prior to
2540disposition of the real property; provided, further, that the commissioner may transfer the real
2541property directly to the selected developer pursuant to said agreement; and provided, further, that
2542the agreement may provide for payment to the municipality in an amount not to exceed 50 per
2543cent of the net sales price paid to the commonwealth, as determined by the commissioner. Such
2544competitive processes may include, but shall not be limited to, absolute auction, sealed bids and
2545requests for price and development proposals. The commissioner may accept any consideration
2546for surplus real property disposed of pursuant to this section deemed appropriate by the
2547commissioner and the secretary of housing and livable communities. The commissioner shall
2548prioritize disposition of surplus real property for affordable housing purposes.
2549 At least 30 days before the date of an auction or the date on which bids or proposals or
2550other offers to purchase or lease surplus real property are due, the commissioner shall place a
2551notice in the central register published by the state secretary pursuant to section 20A of chapter 9
2552of the General Laws stating the availability of such property, the nature of the competitive
2553process and other information deemed relevant, including the time and location of the auction,
2554the submission of bids or proposals and the opening thereof. The commissioner shall not be
2555required to place said notice if the property is conveyed: (1) to a municipality or developer
2556selected by a municipality in accordance with the first paragraph; or (2) for nominal
2557consideration in accordance with subsection (d).
2558 (f) The commissioner shall place a notice in the central register identifying the
2559municipality, public agency, as defined in section 1 of chapter 7C of the General Laws,
2560individual or firm selected as party to such real property transaction, along with the amount of
2561such transaction. If the commissioner accepts an amount below the value calculated pursuant to 118 of 126
2562subsection (d), the commissioner shall include the justification therefore, specifying the
2563difference between the calculated value and the price received.
2564 (g) No agreement for the sale, lease, transfer or other disposition of surplus real property
2565and no deed, executed by or on behalf of the commonwealth, shall be valid unless such
2566agreement or deed contains the following certification, signed by the commissioner:
2567 “The undersigned certifies under penalties of perjury that I have fully complied with
2568section XX of chapter___ of the acts of 2024 in connection with the property described herein.”
2569 (h) No agreement for the sale, lease, transfer or other disposition of surplus real property
2570shall be valid unless the purchaser or lessee has executed and filed with the commissioner the
2571statement required by section 38 of chapter 7C of the General Laws.
2572 (i) The grantee or lessee of any surplus real property shall be responsible for all costs
2573relating to the conveyance including, but not limited to, appraisals, surveys, plans, recordings
2574and any other expenses, as shall be deemed necessary by the commissioner.
2575 (j) The authority granted pursuant to this section shall expire on June 30, 2030; provided,
2576however, that the commissioner may complete any transaction for which agreements have been
2577signed and delivered on or before June 30, 2030.
2578 (k) The commissioner shall deposit the proceeds realized from any disposition of real
2579property pursuant to this section into the surplus real property disposition fund established
2580pursuant to section 106.
2581 (l) The commissioner may, in consultation with the secretary of housing and livable
2582communities, promulgate regulations to implement this section. 119 of 126
2583 SECTION 105. Notwithstanding chapter 40A of the General Laws, or any other general
2584or special law, or any local zoning ordinance or by-law or any municipal ordinance or by-law to
2585the contrary, a city or town shall permit the residential use of real property conveyed by the
2586commissioner pursuant to this section for housing purposes as of right, as defined in section 1A
2587of chapter 40A of the General Laws, notwithstanding any use limitations otherwise applicable in
2588the zoning district in which the real property is located including, but not limited to, commercial,
2589mixed-use development or industrial uses; provided, however, that such city or town may impose
2590reasonable regulations concerning the bulk and height of structures and determining yard sizes,
2591lot area, setbacks, open space and building coverage requirements; provided, further, that the city
2592or town may require site plan review; and provided, further, that the city or town shall permit no
2593fewer than 4 units of housing per acre. Real property conveyed by the commissioner pursuant to
2594this section shall include, without limitation, the amendment of use restrictions held by the
2595commonwealth to allow for the use of such property for housing purposes. The secretary of
2596housing and livable communities may promulgate regulations to implement this section.
2597 SECTION 106. Notwithstanding any general or special law to the contrary, there shall be
2598a surplus real property disposition fund to retain the proceeds realized from property dispositions
2599pursuant to section 104 to be administered by the secretary of administration and finance.
2600 (a) The fund shall be credited with: (i) the proceeds realized from the disposition of real
2601property and the amendment of use restrictions pursuant to section 104; (ii) any appropriation,
2602grant, gift or other contribution made to the fund; and (iii) any interest earned on money in the
2603fund. Amounts credited to the fund shall not be subject to further appropriation and money
2604remaining in the fund at the end of a fiscal year shall not revert to the General Fund and shall be
2605available for expenditure in the subsequent fiscal year. 120 of 126
2606 (b) Amounts credited to the fund may be: (i) transferred by the secretary to the state
2607agency which had care and control of the land conveyed pursuant to section 104 if the real
2608property was conveyed for fair market value consideration in amount equal to the net proceeds of
2609the disposition; (ii) transferred by the secretary to the state agency which had care and control of
2610the real property conveyed pursuant to section 104 if the real property was conveyed for
2611consideration less than fair market value in amount equal to $10,000 per unit of housing
2612permitted by the city or town in which the real property is located or the net proceeds of the
2613disposition, whichever is greater; (iii) transferred by the secretary to a municipality in accordance
2614with a sales partnership agreement pursuant to said section 104; or (iv) expended for costs
2615associated with the disposition of real property pursuant to said section 104, including, but not
2616limited to, demolition, site preparation and environmental remediation; provided, that, all money
2617transferred to a state agency pursuant to clauses (i) and (ii) shall be expended by said agency for
2618capital facility projects, as defined in section 1 of chapter 7C of the General Laws; and provided,
2619however, that all net proceeds from the disposition of surplus real property of a public agency
2620other than a state agency, as determined by the commissioner of capital asset management and
2621maintenance, shall be transferred to such public agency.
2622 SECTION 107. Notwithstanding any general or special law to the contrary, not later than
2623120 days after the expiration of affordability restrictions on housing units assisted under items
26247004-0070 and 7004-0071 of said section 2, the executive office of housing and livable
2625communities or its assignee, who shall be a qualified developer selected pursuant to the terms of
2626said items 7004-0700 and 7004-0071 under the guidelines of the executive office, shall have an
2627option to purchase any such housing units at their current appraised value, reduced by any
2628remaining obligation of the owner, upon the expiration of the affordability restrictions. The 121 of 126
2629executive office or its assignee shall only purchase or acquire such housing units to preserve or
2630provide affordable housing. The executive office or its assignee shall hold such purchase option
2631for the first 120 days after the expiration of the affordability restrictions. Failure to exercise the
2632purchase option within 120 days after the expiration of the affordability restriction shall
2633constitute a waiver of the purchase option by the executive office or its assignee. Not later than
263430 days after the expiration of an affordability restriction, the owner and the executive office
2635shall each designate a professional in the field of multi-unit residential housing. Each
2636professional shall select an impartial appraiser. Not later than 60 days after the expiration of the
2637affordability restriction, the 2 impartial appraisers shall determine the current appraised value in
2638accordance with recognized professional standards. If there is a difference in the valuations, the
2639valuations shall be added together and divided by 2 to determine the current appraised value of
2640the units. No sale, transfer or other disposition of the property shall be completed until either the
2641purchase option period expires or the owner has been notified, in writing, by the executive office
2642or its assignee that the option will not be exercised. The option shall be exercised only by written
2643notice signed by a designated representative of the executive office or its assignee, mailed to the
2644owner by certified mail at the address specified in the notice of intention and recorded with the
2645registry of deeds or the registry district of the land court of the county in which the affected real
2646property is located, within the option period. If the purchase option has been assigned to a
2647qualified developer selected pursuant to said items 7004-0070 and 7004-7071 of said section 2,
2648the written notice shall state the name and address of the developer and the terms and conditions
2649of the assignment.
2650 Before any sale or transfer or other disposition of housing that the executive office has
2651not previously exercised an option to purchase, an owner shall offer the executive office or its 122 of 126
2652assignee, who shall be a qualified developer selected pursuant to said items- 7004-0070 and
26537004-0071 of said section 2, a first refusal option to meet a bona fide offer to purchase the units.
2654The owner shall provide to the executive office or its assignee written notice by regular and
2655certified mail, return receipt requested, of the owner’s intention to sell, transfer or otherwise
2656dispose of the property. The executive office or its assignee shall hold the first refusal option for
2657the first 120 days after receipt of the owner’s written notice of intent to transfer the property.
2658Failure to respond to the written notice of intent to sell, transfer or otherwise dispose of the
2659property within the 120 day period shall constitute a waiver of the right of first refusal by the
2660executive office. No sale, transfer or other disposition of the property shall be completed until
2661either this first refusal option period has expired or the owner has been notified in writing by the
2662executive office or its assignee that the option will not be exercised. The option shall be
2663exercised only by written notice signed by a designated representative of the executive office or
2664its assignee, mailed to the owner by certified mail at the address specified in the notice of
2665intention and recorded with the registry of deeds or the registry district of the land court of the
2666county in which the affected real property is located, within the option period. If the first refusal
2667option has been assigned to a qualified developer selected pursuant to said items 7004-0070 and
26687004-0071 of said section 2, the written notice shall state the name and address of the developer
2669and the terms and conditions of the assignment.
2670 An affidavit before a notary public that the notice of intent was mailed on behalf of an
2671owner shall conclusively establish the manner and time of the giving of notice to sell, transfer or
2672otherwise dispose of the property. The affidavit and notice that the option shall not be exercised
2673shall be recorded with the registry of deeds or the registry district of the land court in the county
2674in which the affected real property is located. Each notice of intention, notice of exercise of the 123 of 126
2675purchase option or first refusal option and notice that the purchase option or first refusal option
2676shall not be exercised shall contain the name of the recorded owner of the property and a
2677reasonable description of the premises to be sold or converted. Each affidavit signed before a
2678notary public shall have attached to it a copy of the notice of intention to which it relates. The
2679notices of intention shall be mailed to the relevant parties in the care of the keeper of the records
2680for the party in question. Upon notifying the owner in writing of its intention to exercise its
2681purchase option or first refusal option during the 120 day period, the executive office or its
2682assignee shall have an additional 120 days, beginning on the date the purchase option period or
2683first refusal option period expires, to purchase the units. Those time periods may be extended by
2684mutual agreement between the executive office or its assignee and the owner of the property.
2685Any extension agreed upon shall be recorded in the registry of deeds or the registry district of the
2686land court of the county in which the affected real property is located. Within a reasonable time
2687after requesting an extension, the owner shall make available to the executive office or its
2688assignee any information that is reasonably necessary for the executive office to exercise its
2689option.
2690 SECTION 108. Notwithstanding any general or special law to the contrary, a private
2691entity engaged in a construction, development, renovation, remodeling, reconstruction,
2692rehabilitation or redevelopment project receiving funds pursuant to this act shall properly classify
2693individuals employed on the project and shall comply with all laws concerning workers’
2694compensation insurance coverage, unemployment insurance, social security taxes and income
2695taxes with respect to all such employees. All construction contractors engaged by an entity on
2696any such project shall furnish documentation to the appointing authority showing that all 124 of 126
2697employees employed on the project have hospitalization and medical benefits that meet the
2698minimum requirements of the connector established in chapter 176Q of the General Laws.
2699 SECTION 109. Notwithstanding any general or special law to the contrary, the
2700unexpended and unencumbered balances of the bond-funded authorizations in the following
2701accounts shall cease to be available for expenditure 180 days after the effective date of this act:
27023000-0410, 7002-8032, 7004-0049, 7004-0050, 7004-0051, 7004-0052, 7004-0053, 7004-0055,
27037004-0056, 7004-0057, 7004-0058, 7004-0059, 7004-0060, 7004-0061, 7004-0062, 7004-0064,
27047004-0065, 7004-0066, 7004-0067, 7004-8016, 7004-8026.
2705 SECTION 110. To meet the expenditures necessary in carrying out sections 2 through 4,
2706inclusive, the state treasurer shall, upon request of the governor, issue and sell bonds of the
2707commonwealth in an amount to be specified by the governor from time to time but not
2708exceeding, in the aggregate, $4,070,000,000. All bonds issued by the commonwealth as aforesaid
2709shall be designated on their face, The Affordable Homes Act of 2023, and shall be issued for a
2710maximum term of years, not exceeding 30 years, as recommended by the governor in a message
2711to the general court dated October 18, 2023 under section 3 of Article LXII of the Amendments
2712to the Constitution; provided, however, that all such bonds shall be payable not later than June
271330, 2059. All interest and payments on account of principal on such obligations shall be payable
2714from the General Fund. Bonds and interest thereon issued under the authority of this section
2715shall, notwithstanding any other provision of this act, be general obligations of the
2716commonwealth. An amount not to exceed 2 per cent of the authorizations may be expended by
2717the executive office of housing and livable communities for administrative costs directly
2718attributable to the purposes of this act, including costs of clerical and support personnel. The
2719secretary of housing and livable communities shall file an annual spending plan with the fiscal 125 of 126
2720affairs division, the house and senate committees on ways and means, the house and senate
2721committees on bonding, capital expenditures and states assets and the joint committee on
2722housing which details, by subsidiary, all personnel costs and any administrative costs charged to
2723expenditures made pursuant to this act.
2724 SECTION 111. To meet the expenditures necessary in carrying out section 5, the state
2725may elect to issue Commonwealth bonds or utilize future appropriations for this express purpose,
2726subject to the conditions specified in this act and subject to the laws regulating the disbursement
2727of public funds for the fiscal year in which the sums are disbursed. The state treasurer shall, upon
2728request of the governor, issue and sell bonds of the commonwealth in an amount to be specified
2729by the governor from time to time but not exceeding, in the aggregate, $50,000,000. All bonds
2730issued by the commonwealth as aforesaid shall be designated on their face The Affordable
2731Homes Act of 2023, and shall be issued for a maximum term of years, not exceeding 30 years, as
2732recommended by the governor in a message to the general court dated October 18, 2023 under
2733section 3 of Article LXII of the Amendments to the Constitution; provided, however, that all
2734such bonds shall be payable not later than June 30,2059. All interest and payments on account of
2735principal on such obligations shall be payable from the General Fund. Bonds and interest thereon
2736issued under the authority of this section shall, notwithstanding any other provision of this act, be
2737general obligations of the commonwealth. An amount not to exceed 2 per cent of the
2738authorizations may be expended by the executive office of housing and livable communities for
2739administrative costs directly attributable to the purposes of this act, including costs of clerical
2740and support personnel. The secretary of housing and livable communities shall file an annual
2741spending plan with the fiscal affairs division, the house and senate committees on ways and
2742means, the house and senate committees on bonding, capital expenditures and states assets and 126 of 126
2743the joint committee on housing which details, by subsidiary, all personnel costs and any
2744administrative costs charged to expenditures made pursuant to this act.
2745 SECTION 112. Section 13, 27 and 47 shall take effect 180 days from the effective date of
2746this act.
2747 SECTION 113. Sections 21, 22, 24 and 25 shall take effect on January 1, 2025.
2748 SECTION 114. Sections 23 and 26 shall take effect on January 1, 2030.
2749 SECTION 115 Section 106 shall be repealed upon the expiration of section 104, as
2750described in subsection (j) of said section 104, and the expenditure or transfer of all funds from
2751the surplus real property disposition fund. The secretary of administration and finance shall file
2752with the state secretary a notice which shall state the effective date of the repeal.