Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H4138 Compare Versions

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

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1	1	1 of 5
2	2	HOUSE DOCKET, NO. 4634 FILED ON: 10/18/2023
3	3	HOUSE . . . . . . . . . . . . . . . No.
4	4	OFFICE OF THE GOVERNOR
5	5	COMMONWEALTH OF MASSACHUSETTS
6	6	STATE HOUSE · BOSTON, MA 02133
7	7	(617) 725-4000
8	8	MAURA T. HEALEY
9	9	GOVERNOR
10	10	KIMBERLEY DRISCOLL
11	11	LIEUTENANT GOVERNOR
12	12	October 18, 2023
13	13	To the Honorable Senate and House of Representatives,
14	14	I am pleased to submit for your consideration “The Affordable Homes Act.”
15	15	The Commonwealth faces an increasing housing shortage. The demand for both market
16	16	rate and affordable housing has significantly increased, and the Executive Office of Housing and
17	17	Livable Communities estimates that the Commonwealth must produce 200,000 homes by 2030
18	18	to tackle the existing housing shortage and meet growing demand. This legislation, together with
19	19	the increases to the Low-Income Housing Tax Credit and the Housing Development Incentive
20	20	Program, enacted in An Act to improve the Commonwealth’s competitiveness, affordability, and
21	21	equity, are projected to create over 40,000 new homes and preserve or support an additional over
22	22	27,000 homes over the next 5 years. An additional 114,000 market-rate homes are already
23	23	completed, under construction, or in the pipeline for completion by 2030 if conditions allow
24	24	them to move forward. The legislation I file today will accelerate production to reach our
25	25	200,000 home goal and help ensure that a significant portion of that goal is comprised of long-
26	26	term affordable housing.
27	27	This legislation proposes not only a comprehensive funding strategy to increase the
28	28	supply of housing, rehabilitate and modernize public housing, and support affordable housing
29	29	opportunities for our residents across the state, but also recommends policy initiatives to address
30	30	fair housing and equity concerns, provides critical protections to vulnerable tenants and authority
31	31	for cities and towns to raise revenue to address their unique affordable housing needs.
32	32	The bond authorization I propose today will provide $4.12 billion in capital authorization
33	33	to support the following key initiatives: 2 of 5
34	34	• Investing in Public Housing
35	35	o $1.5 billion in new capital authorization to make capital improvements across the
36	36	over 43,000 units of state-aided public housing, including $150 million dedicated to the
37	37	decarbonization of public housing and $15 million for accessibility upgrades.
38	38	o $100 million in new capital authorization for the Public Housing Demonstration
39	39	Program to encourage housing authorities to pursue innovative, market-driven strategies and
40	40	leverage private resources.
41	41	• Driving Housing Production & Preservation
42	42	o $800 million in new capital authorization for the Affordable Housing Trust Fund
43	43	to support private affordable housing development.
44	44	o $425 million in new capital authorization for the Housing Stabilization and
45	45	Investment Trust Fund to support preservation, new construction, and rehabilitation projects.
46	46	o $275 million in new capital authorization for sustainable and green housing
47	47	initiatives:
48	48	 Accelerate and support innovative housing strategies, including repurposing
49	49	existing commercial or office space for housing development. This authorization will also
50	50	support a new social housing demonstration program;
51	51	 Develop transit-oriented housing; and
52	52	 Support the creation and rehabilitation of sustainable and climate resilient
53	53	affordable multifamily housing.
54	54	o $50 million in new capital authorization for a Momentum Fund to capitalize a
55	55	permanent, revolving fund and seeded through state and private investment, to accelerate
56	56	development of mixed-income multifamily housing.
57	57	o $175 million in new capital authorization for the HousingWorks Infrastructure
58	58	Program.
59	59	o $50 million in new capital authorization for the Neighborhood Stabilization
60	60	Program for redevelopment, reconstruction, repair, acquisition, and rehabilitation of abandoned
61	61	and foreclosed properties.
62	62	o $35 million in new capital authorization for Housing Choice Grants.
63	63	o $30 million in new capital authorization to support efforts to utilize state surplus
64	64	land for housing and other purposes. 3 of 5
65	65	o $25 million in new capital authorization for Community Planning Grants.
66	66	o $20 million in new capital authorization to recapitalize the 40R Smart Growth
67	67	Housing Trust Fund.
68	68	• Supporting Vulnerable Populations
69	69	o $200 million in new capital authorization for the Housing Innovations Trust Fund
70	70	to support innovative and alternative forms of rental housing for residents who need extensive
71	71	support services.
72	72	o $70 million in new capital authorization for the Facilities Consolidation Fund to
73	73	create community-based housing in rental developments for clients of the Departments of
74	74	Developmental Services and Mental Health.
75	75	o $60 million in new capital authorization for the Home Modification Loan
76	76	program to provide loans to make access and safety modifications to the homes of persons with
77	77	disabilities and seniors.
78	78	o $55 million in new capital authorization for the Community-Based Housing
79	79	program to create housing for people with disabilities.
80	80	o $50 million in new capital authorization for the Early Education and Out of
81	81	School Time program to help build early education facilities that children from families with low
82	82	incomes.
83	83	• Supporting Middle Income & Home Buyers
84	84	o $100 million in new capital authorization to support the creation of affordable
85	85	homeownership units through the CommonWealth Builder program.
86	86	o $100 million in new capital authorization to support the creation of mixed-income
87	87	rental housing that is affordable for households whose incomes are too high for traditional
88	88	subsidized housing but are priced out by market rents.
89	89	o $50 million, included within the authorization of the Affordable Housing Trust
90	90	Fund, to support first-time homebuyers through the MassDREAMS program.
91	91	The bill also contains tax credit proposals to help support our community development
92	92	corporations and their work creating affordable housing and livable communities and a new
93	93	homeownership production tax credit program:
94	94	• Making the Community Investment Tax Credit permanent and increasing it from
95	95	$12 million to $15 million per year to support the work of community development corporations. 4 of 5
96	96	• Creating a new Homeownership Production Tax Credit to award up to $10 million
97	97	in tax credits annually to produce homes affordable to moderate-income first-time homebuyers.
98	98	Finally, this bill includes policy proposals and statutory changes to address the
99	99	Commonwealth’s housing shortage, establish tenant protections, and provide additional tools for
100	100	localities to address their unique affordable housing needs. Key highlights include:
101	101	• Unlocking Housing Production and Preservation
102	102	o Requiring the Executive Office of Housing and Livable Communities to prepare a
103	103	statewide housing plan every five years.
104	104	o Allowing accessory dwelling units to be built by-right in single family zoning
105	105	districts in all communities.
106	106	o Adding inclusionary zoning to the list of zoning changes municipalities may pass
107	107	by simple majority.
108	108	o Establishing a temporary streamlined process for the disposition of land under the
109	109	control of state and public agencies for housing purposes.
110	110	o Establishing a Supportive Housing Pool Fund to provide critical assistance for
111	111	supportive housing by funding staffing, management, service coordination and other tenancy-
112	112	related services not funded through other sources.
113	113	o Public housing reforms to allow housing authorities to operate more effectively
114	114	and efficiently, reduce maintenance backlogs, and ensure resident protections.
115	115	• Supporting Local Communities
116	116	o Establishing a local option real estate transfer fee of 0.5% - 2% paid by the seller
117	117	of property on the portion of the sale over $1 million, or the county median home sales price,
118	118	whichever is greater. Revenue raised through a real estate transfer fee would be required to be
119	119	used for affordable housing purposes, including for public housing, through a community’s
120	120	municipal affordable housing trust fund.
121	121	o Creating a “seasonal communities” designation to create housing policies and
122	122	resources to better serve the needs of these communities.
123	123	o Reforming the Commonwealth’s receivership statute to permit courts to allow the
124	124	sale of vacant properties in receivership to nonprofits for fair market value to rehabilitate and sell
125	125	affordably to income-eligible first-time homebuyers.
126	126	• Fair Housing & Tenant Protections 5 of 5
127	127	o Establishing an Office of Fair Housing within the Executive Office of Housing
128	128	and Livable Communities to support and coordinate enforcement initiatives, fair housing testing
129	129	and outreach/education.
130	130	o Establishing a process for tenants to petition a court to seal eviction records.
131	131	• Commissions
132	132	o Establishing a Senior Housing & Age-Friendly Communities Commission to
133	133	recommend policy, programs, and investments to expand the supply of sustainable, broadly
134	134	affordable supportive senior housing and appropriate community supports.
135	135	o Establishing a commission to recommend policy, programs, and investments to
136	136	expand the supply of housing affordable to households with extremely low incomes for those
137	137	earning not more than 30% of the Area Median Income.
138	138	This housing bond bill will help strengthen our communities through the preservation and
139	139	creation of affordable housing. I urge you to enact this legislation promptly to ensure that we
140	140	meet the housing needs of the people of the Commonwealth.
141	141	Respectfully submitted,
142	142	Maura T. Healey,
143	143	Governor 1 of 126
144	144	HOUSE . . . . . . . . . . . . . . . No.
145	145	The Commonwealth of Massachusetts
146	146	_______________
147	147	In the One Hundred and Ninety-Third General Court
148	148	(2023-2024)
149	149	_______________
150	150	An Act the Affordable Homes Act.
151	151	Whereas, The deferred operation of this act would tend to defeat its purpose, which is to
152	152	authorize forthwith the financing of the production and preservation of housing for low and
153	153	moderate income citizens of the commonwealth and to make related changes in certain laws,
154	154	therefore it is hereby declared to be an emergency law, necessary for the immediate preservation
155	155	of the public convenience.
156	156	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
157	157	of the same, as follows:
158	158	1 SECTION 1. To provide for a capital outlay program to rehabilitate, produce and
159	159	2modernize state-aided public housing developments; to preserve the affordability and the income
160	160	3mix of state-assisted multifamily developments; to support home ownership and rental housing
161	161	4opportunities for low and moderate income citizens; to stem urban blight through the
162	162	5implementation of housing stabilization programs; to support housing production for the elderly,
163	163	6disabled and homeless; to preserve housing for the elderly, the homeless and low and moderate
164	164	7income citizens and persons with disabilities; to develop facilities for licensed early care and
165	165	8education and out of school time programs; and to promote economic reinvestment through the
166	166	9funding of infrastructure improvements, the sums set forth in sections 2 to 5, inclusive for the
167	167	10several purposes and subject to the conditions specified in this act, are hereby made available
168	168	11subject to the laws regulating the disbursement of public funds. 2 of 126
169	169	12 SECTION 2.
170	170	13 EXECUTIVE OFFICE OF EDUCATION
171	171	14 Department of Early Education and Care
172	172
173	173	15 3000-0411. For the purpose of state financial assistance in the form of grants for the
174	174	16Early Education and Out of School Time Capital Fund for the development of eligible facilities
175	175	17for licensed early care and education and out of school time programs established in section 18
176	176	18of chapter 15D of the General Laws; provided, that the department of early education and care
177	177	19may contract with quasi-public or non-profit entities to administer the program, including, but
178	178	20not limited to, the Community Economic Development Assistance Corporation established in
179	179	21chapter 40H of the General Laws; provided further, that the department may develop or finance
180	180	22eligible facilities, may enter into subcontracts with nonprofit organizations established pursuant
181	181	23to chapter 180 of the General Laws or organizations in which such nonprofit corporations have a
182	182	24controlling financial or managerial interest; provided further, that the department shall consider:
183	183	25(i) a balanced geographic plan for such eligible facilities when issuing the funding commitments;
184	184	26and (ii) funding large group and school age child care centers, as defined by the department of
185	185	27early education and care; provided further, that the services made available pursuant to such
186	186	28grants shall not be construed as a right or entitlement for any individual or class of persons to the
187	187	29benefits financing; provided further, that no expenditure shall be made from this item without the
188	188	30prior approval of the secretary of administration and finance; and provided further, that eligibility
189	189	31shall be established by regulations promulgated by the department pursuant to chapter 30A of the
190	190	32General Laws for the implementation, administration and enforcement of this
191	191	33item.......................... $50,000,000 3 of 126
192	192	34 SECTION 3.
193	193	35 EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
194	194	36 Office of the Secretary
195	195	37 1100-2518. For costs associated with planning and studies, the preparation of plans and
196	196	38specifications, demolition, remediation, construction and relocation of utilities, construction and
197	197	39reconstruction of infrastructure, predevelopment, and site preparation; provided, that any funds
198	198	40received by a state agency in connection with projects funded from this item may be retained by
199	199	41the executive office for administration and finance and expended for the purposes of the project,
200	200	42without further appropriation, in addition to the amounts appropriated in this item; provided
201	201	43further, that where appropriate, the commissioner of capital asset management and maintenance
202	202	44may transfer funds authorized herein in accordance with a delegation of project control and
203	203	45supervision process pursuant to section 5 of chapter 7C of the General Laws or for the
204	204	46capitalization of the surplus real property disposition fund established in section 106; and
205	205	47provided further, that funds from this item shall be distributed in furtherance of affordable
206	206	48housing production goals and availability of sites suitable for construction or expansion of
207	207	49housing opportunities in the commonwealth in consultation with the secretary of housing and
208	208	50livable communities........................... $30,000,000
209	209	51 SECTION 4.
210	210	52 EXECUTIVE OFFICE OF HOUSING AND LIVABLE COMMUNITIES
211	211	53 7004-0069. For a program of loans or grants to assist homeowners or tenants with a
212	212	54household member with blindness or severe disabilities in making modifications to their primary
213	213	55residence for the purpose of improving accessibility or to allow those individuals to live
214	214	56independently in the community or for construction costs to allow for the building of an 4 of 126
215	215	57accessory unit, which shall mean a unit constructed as an additional dwelling unit separate from
216	216	58the primary dwelling unit, for a person with disabilities or an elder needing assistance with
217	217	59activities of daily living; provided, that not more than 10 per cent shall be used for grants to
218	218	60assist landlords seeking to make modifications for a current or prospective tenant with
219	219	61disabilities, who but for such a grant would be unable to maintain or secure permanent housing;
220	220	62provided further, that the secretary of housing and livable communities and the secretary of
221	221	63health and human services shall take all steps necessary to minimize the program’s
222	222	64administrative costs; provided further, that the secretary of health and human services may
223	223	65contract with quasi-public or non-profit entities to administer the program, including, but not
224	224	66limited to, the Community Economic Development Assistance Corporation established in
225	225	67chapter 40H of the General Laws; provided further, that the program shall be available pursuant
226	226	68to income eligibility standards approved by the secretary of health and human services; provided
227	227	69further, that the repayment of the loans may be delayed until the sale of the principal residence
228	228	70by the homeowner; provided further, that persons residing in a development covered by section 4
229	229	71of chapter 151B of the General Laws shall not be eligible for the program unless the owner can
230	230	72show that the modification is an undue financial burden or that the landlord is participating in the
231	231	73grant program to maintain or secure housing for a tenant with disabilities; provided further, that
232	232	74the secretary of health and human services shall consult with the Massachusetts commission for
233	233	75the blind and the Massachusetts rehabilitation commission to develop the rules, regulations and
234	234	76guidelines for the program; provided further, that nothing in this item shall give rise to
235	235	77enforceable legal rights in any party or an enforceable entitlement to services; provided further,
236	236	78that funds expended from this item shall, to the maximum extent feasible be prioritized for
237	237	79projects that comply with decarbonization and sustainability standards; provided, that 5 of 126
238	238	80prioritization will be determined through objective scoring criteria in the Qualified Allocation
239	239	81Plan developed by the executive office of housing and livable communities; provided further,
240	240	82that for new construction projects, the applicable standards for prioritization are set forth in the
241	241	83commonwealth’s Opt-in Specialized Energy Code set forth at 225 CMR §§ 22.00 and 23.00 and
242	242	84Enterprise Green Communities standards; provided further, that any project proposing less than
243	243	85full compliance with said standards shall provide detailed analysis demonstrating why full
244	244	86compliance would render the project infeasible notwithstanding utilization of all available
245	245	87federal and state incentives, including rebates and tax credits; provided further, that for retrofits
246	246	88of existing units, prioritization shall be given to projects that include energy efficiency and
247	247	89electrification decarbonization measures, including, but not limited to electric or ground source
248	248	90heat pumps, net-zero developments, Passive House or equivalent energy efficiency certification,
249	249	91and all-electric buildings and projects that incorporate green, sustainable and climate-resilient
250	250	92elements; provided further, that projects that include lower embodied carbon construction
251	251	93materials and methods shall be further prioritized; and provided further, that the secretary of
252	252	94health and human services shall submit quarterly reports to the house and senate committees on
253	253	95ways and means, the house and senate committees on bonding, capital expenditures and state
254	254	96assets and the joint committee on housing detailing the status of the program established in this
255	255	97item.................. $60,000,000
256	256	98 7004-0070. For state financial assistance in the form of loans for the development of
257	257	99community-based housing or supportive housing for individuals with mental illness and
258	258	100individuals with intellectual disabilities; provided, that the loan program shall be administered by
259	259	101the executive office of housing and livable communities through contracts with one or more of
260	260	102the following agencies: the Massachusetts Development Finance Agency established in chapter 6 of 126
261	261	10323G of the General Laws, the Community Economic Development Assistance Corporation
262	262	104established in chapter 40H of the General Laws, operating agencies established pursuant to
263	263	105chapter 121B of the General Laws and the Massachusetts Housing Finance Agency established
264	264	106in chapter 708 of the acts of 1966; provided further, that those agencies may develop or finance
265	265	107community-based housing or supportive housing or may enter into subcontracts with nonprofit
266	266	108organizations, established pursuant to chapter 180 of the General Laws, or organizations in
267	267	109which such nonprofit corporations have a controlling financial or managerial interest or for-profit
268	268	110organizations; provided, however, that preference for the subcontracts shall be given to nonprofit
269	269	111organizations; provided further, that the executive office shall consider a balanced geographic
270	270	112plan for such community-based housing or supportive housing when issuing the loans; provided
271	271	113further, that the executive office shall consider development of a balanced range of housing
272	272	114models by prioritizing funds for integrated housing as defined by the appropriate housing and
273	273	115service agencies including, but not limited to, the executive office of housing and livable
274	274	116communities, the department of mental health and the department of developmental services, in
275	275	117consultation with relevant and interested clients, clients’ families, advocates and other parties as
276	276	118necessary; provided further, that loans issued pursuant to this item shall: (i) not exceed 50 per
277	277	119cent of the financing of the total development costs; (ii) not be issued unless a contract or
278	278	120agreement for the use of the property for such housing provides for repayment to the
279	279	121commonwealth at the time of disposition of the property if such property will no longer be
280	280	122subject to a recorded deed restriction pursuant to clause (iii) of this item; provided, however, that
281	281	123such repayment shall be in an amount equal to the commonwealth’s proportional contribution
282	282	124from the Facilities Consolidation Fund to the cost of the development through payments made by
283	283	125the state agency making the contract; provided, further, that such repayment shall not be required 7 of 126
284	284	126if the executive office of housing and livable communities, in consultation with the department
285	285	127of mental health and the department of developmental services, determines that relevant clients
286	286	128will be better served at an alternative property and the proceeds from the disposition of the
287	287	129property will be used, to the extent necessary for replacement of the housing at the property, for
288	288	130one or more of the following purposes: (A) to acquire such alternative property and (B) to
289	289	131rehabilitate such alternative property; (iii) not be issued unless the contract or agreement for the
290	290	132use of the property for the purposes of such housing provides for the recording of a deed
291	291	133restriction in the registry of deeds or the registry district of the land court of the county in which
292	292	134the real property is located, for the benefit of the executive office and the departments, running
293	293	135with the land, that the land shall be used to provide community-based housing or supportive
294	294	136housing for eligible individuals as determined by the department of mental health and the
295	295	137department of developmental services; provided, however, that the property shall not be released
296	296	138from such restriction unless: (A) the balance of the principal and interest for the loan has been
297	297	139repaid in full; (B) a mortgage foreclosure deed has been recorded; or (C) the executive office of
298	298	140housing and livable communities has determined, pursuant to clause (ii) of this item, that
299	299	141repayment to the commonwealth is not required; (iv) be issued for a term not to exceed 30 years,
300	300	142during which time repayment may be deferred by the loan issuing authority; provided, however,
301	301	143that if on the date the loans become due and payable to the commonwealth, an outstanding
302	302	144balance exists and if, on such date, the executive office, in consultation with the executive office
303	303	145of health and human services, determines that there still exists a need for such housing and that
304	304	146there is continued funding available for the provision of services to such development, the
305	305	147executive office may, by agreement with the owner of the development, extend the loans for
306	306	148such periods, each period not to exceed 10 years, as the executive office shall determine; 8 of 126
307	307	149provided further, that the project, whether at the original property, or at an alternative property
308	308	150pursuant to clause (ii) of this item, shall remain affordable housing for the duration of the loan
309	309	151term, including any extension thereof, as set forth in the contract or agreement entered into by
310	310	152the executive office; provided further, that in the event the terms of repayment detailed in this
311	311	153item would cause a project authorized by this item to become ineligible to receive federal
312	312	154financial assistance which would otherwise assist in the development of that project, the
313	313	155executive office may waive the terms of repayment which would cause the project to become
314	314	156ineligible; and (v) have interest rates fixed at a rate, to be determined by the executive office, in
315	315	157consultation with the state treasurer; provided further, that the loans shall be provided only for
316	316	158projects conforming to this item; provided further, that the loans shall be issued in accordance
317	317	159with a facilities consolidation plan prepared by the secretary of health and human services,
318	318	160reviewed and approved by the executive office and filed with the secretary of administration and
319	319	161finance, the house and senate committees on ways and means, the house and senate committees
320	320	162on bonding, capital expenditures and state assets and the joint committee on housing; provided
321	321	163further, that no expenditure shall be made from this item without the prior approval of the
322	322	164secretary of administration and finance; provided further, that the executive office of housing and
323	323	165livable communities, the department of mental health and the Community Economic
324	324	166Development Assistance Corporation may identify appropriate financing mechanisms and
325	325	167guidelines for grants or loans from this item to promote private development to produce housing,
326	326	168to provide for independent integrated living opportunities, to write down building and operating
327	327	169costs and to serve households at or below 15 per cent of area median income for the benefit of
328	328	170department of mental health clients; provided further, that funds expended from this item shall,
329	329	171to the maximum extent feasible, be prioritized for projects that comply with decarbonization and 9 of 126
330	330	172sustainability standards; provided, that prioritization will be determined through objective
331	331	173scoring criteria in the Qualified Allocation Plan developed by the executive office of housing and
332	332	174livable communities; provided further, that for new construction projects, the applicable
333	333	175standards for prioritization are set forth in the commonwealth’s Opt-in Specialized Energy Code
334	334	176set forth at 225 CMR §§ 22.00 and 23.00 and Enterprise Green Communities standards; provided
335	335	177further, that any project proposing less than full compliance with said standards shall provide
336	336	178detailed analysis demonstrating why full compliance would render the project infeasible
337	337	179notwithstanding utilization of all available federal and state incentives, including rebates and tax
338	338	180credits; provided further, that for retrofits of existing units, prioritization shall be given to
339	339	181projects that include energy efficiency and electrification decarbonization measures, including,
340	340	182but not limited to electric or ground source heat pumps, net-zero developments, Passive House or
341	341	183equivalent energy efficiency certification, and all-electric buildings and projects that incorporate
342	342	184green, sustainable and climate-resilient elements; provided further, that projects that include
343	343	185lower embodied carbon construction materials and methods shall be further prioritized; provided
344	344	186further, that not more than $10,000,000 may be expended from this item for a pilot program of
345	345	187community-based housing or supportive housing loans to serve mentally ill homeless individuals
346	346	188in the current or former care of the department of mental health; provided further, that in
347	347	189implementing the pilot program, the executive office shall consider a balanced geographic plan
348	348	190when establishing community-based residences; provided further, that the housing services made
349	349	191available pursuant to such loans shall not be construed as a right or an entitlement for any
350	350	192individual or class of persons to the benefits of the pilot program; provided further, that
351	351	193eligibility for the pilot program shall be established by regulations promulgated by the executive
352	352	194office; and provided further, that the executive office shall promulgate regulations under chapter 10 of 126
353	353	19530A of the General Laws to implement, administer and enforce this item, consistent with the
354	354	196facilities consolidation plan prepared by the secretary of health and human services and after
355	355	197consultation with the secretary and the commissioner of capital asset management and
356	356	198maintenance...........................................$70,000,000
357	357	199 7004-0071. For state financial assistance in the form of loans for the development and
358	358	200redevelopment of community-based housing or supportive housing for persons with disabilities
359	359	201who are institutionalized or at risk of being institutionalized and who are not eligible for housing
360	360	202developed pursuant to item 7004-0070; provided, that the loan program shall be administered by
361	361	203the executive office of housing and livable communities, through contracts with the
362	362	204Massachusetts Development Finance Agency established in chapter 23G of the General Laws,
363	363	205the Community Economic Development Assistance Corporation established in chapter 40H of
364	364	206the General Laws, operating agencies established pursuant to chapter 121B of the General Laws
365	365	207and the Massachusetts Housing Finance Agency established in chapter 708 of the acts of 1966;
366	366	208provided further, that the agencies may develop or finance community-based housing or
367	367	209supportive housing or may enter into subcontracts with nonprofit organizations established
368	368	210pursuant to chapter 180 of the General Laws or organizations in which such nonprofit
369	369	211corporations have a controlling financial or managerial interest or for-profit organizations;
370	370	212provided, however, that preference for such subcontracts shall be given to nonprofit
371	371	213organizations; provided further, that the executive office shall consider a balanced geographic
372	372	214plan for such community-based housing or supportive housing when issuing the loans; provided
373	373	215further, that all housing developed with these funds shall be integrated housing as defined by the
374	374	216appropriate state housing and service agencies including, but not limited to, the executive office,
375	375	217the executive office of health and human services and the Massachusetts rehabilitation 11 of 126
376	376	218commission in consultation with relevant and interested clients, clients’ families, advocates and
377	377	219other parties as necessary; provided further, that loans issued pursuant to this item shall: (i) not
378	378	220exceed 50 per cent of the financing of the total development costs; (ii) not be issued unless a
379	379	221contract or agreement for the use of the property for the purposes of such housing provides for
380	380	222repayment to the commonwealth at the time of disposition of the property if such property will
381	381	223no longer be subject to a recorded deed restriction pursuant to clause (iii) of this item; provided,
382	382	224however, that such repayment shall be in an amount equal to the commonwealth’s proportional
383	383	225contribution from community-based housing to the cost of the development through payments
384	384	226made by the state agency making the contract; provided, further, that such repayment shall not be
385	385	227required if the executive office of housing and livable communities, in consultation with the
386	386	228Massachusetts rehabilitation commission, determines that relevant clients will be better served at
387	387	229an alternative property and the proceeds from the disposition of the property will be used, to the
388	388	230extent necessary for replacement of the housing at the property, for one or more of the following
389	389	231purposes: A) to acquire such alternative property and (B) to rehabilitate such alternative
390	390	232property; (iii) not be issued unless a contract or agreement for the use of the property for the
391	391	233purposes of such community-based housing or supportive housing provides for the recording of a
392	392	234deed restriction in the registry of deeds or the registry district of the land court of the county in
393	393	235which the real property is located, for the benefit of the executive office, running with the land,
394	394	236that the land shall be used to provide community-based housing or supportive housing for
395	395	237eligible individuals as determined by the Massachusetts rehabilitation commission or other
396	396	238agency of the executive office of health and human services; provided, however, that the
397	397	239property shall not be released from such restrictions unless: (A) the balance of the principal and
398	398	240interest for the loan has been repaid in full; (B) a mortgage foreclosure deed has been recorded; 12 of 126
399	399	241or (C) the executive office of housing and livable communities has determined, pursuant to
400	400	242clause (ii) of this item, that repayment to the commonwealth is not required; (iv) be issued for a
401	401	243term not to exceed 30 years during which time repayment may be deferred by the loan issuing
402	402	244authority; provided, however, that if on the date the loans become due and payable to the
403	403	245commonwealth, an outstanding balance exists and if, on that date, the executive office, in
404	404	246consultation with the executive office of health and human services, determines that there still
405	405	247exists a need for such housing, the executive office may, by agreement with the owner of the
406	406	248development, extend the loans for such periods, each period not to exceed 10 years, as the
407	407	249executive office shall determine; provided further, that the project, whether at the original
408	408	250property, or at an alternative property pursuant to clause (ii) of this item, shall continue to remain
409	409	251affordable housing for the duration of the loan term, including any extensions thereof, as set
410	410	252forth in the contract or agreement entered into by the executive office; provided, however, that in
411	411	253the event the terms of repayment detailed in this item would cause a project authorized by this
412	412	254item to become ineligible to receive federal financial assistance, which would otherwise assist in
413	413	255the development of that project, the executive office may waive the terms of repayment which
414	414	256would cause the project to become ineligible; and (v) have interest rates fixed at a rate, to be
415	415	257determined by the executive office, in consultation with the state treasurer; provided further, the
416	416	258loans shall be provided only for projects conforming to this item; provided further, that the loans
417	417	259shall be issued in accordance with an enhancing community-based services plan prepared by the
418	418	260secretary of health and human services, in consultation with the executive office and filed with
419	419	261the secretary of administration and finance, the house and senate committees on ways and means,
420	420	262the house and senate committees on bonding, capital expenditures and state assets and the joint
421	421	263committee on housing; provided further, that funds expended from this item shall, to the 13 of 126
422	422	264maximum extent feasible, be prioritized for projects that comply with decarbonization and
423	423	265sustainability standards; provided, that prioritization will be determined through objective
424	424	266scoring criteria in the Qualified Allocation Plan developed by the executive office of housing and
425	425	267livable communities; provided further, that for new construction projects, the applicable
426	426	268standards for prioritization are set forth in the commonwealth’s Opt-in Specialized Energy Code
427	427	269set forth at 225 CMR §§ 22.00 and 23.00 and Enterprise Green Communities standards; provided
428	428	270further, that any project proposing less than full compliance with said standards shall provide
429	429	271detailed analysis demonstrating why full compliance would render the project infeasible
430	430	272notwithstanding utilization of all available federal and state incentives, including rebates and tax
431	431	273credits; provided further, that for retrofits of existing units, prioritization shall be given to
432	432	274projects that include energy efficiency and electrification decarbonization measures, including,
433	433	275but not limited to electric or ground source heat pumps, net-zero developments, Passive House or
434	434	276equivalent energy efficiency certification, and all-electric buildings and projects that incorporate
435	435	277green, sustainable and climate-resilient elements; provided further, that projects that include
436	436	278lower embodied carbon construction materials and methods shall be further prioritized; provided
437	437	279further, that no expenditure shall be made from this item without the prior approval of the
438	438	280secretary of administration and finance; and provided further, that the executive office shall
439	439	281promulgate regulations pursuant to chapter 30A of the General Laws for the implementation,
440	440	282administration and enforcement of this item, consistent with the enhancing community-based
441	441	283services plan prepared by the secretary of health and human services after consultation with the
442	442	284secretary and the commissioner of capital asset management and
443	443	285maintenance...........................................$55,000,000
444	444	14 of 126
445	445	286 7004-0072. For the capitalization of the Affordable Housing Trust Fund established in
446	446	287section 2 of chapter 121D of the General Laws; provided, that funds expended from this item
447	447	288shall, to the maximum extent feasible, be prioritized for projects that comply with
448	448	289decarbonization and sustainability standards; provided, that prioritization will be determined
449	449	290through objective scoring criteria in the Qualified Allocation Plan developed by the executive
450	450	291office of housing and livable communities; provided further, that for new construction projects,
451	451	292the applicable standards for prioritization are set forth in the commonwealth’s Opt-in Specialized
452	452	293Energy Code set forth at 225 CMR §§ 22.00 and 23.00 and Enterprise Green Communities
453	453	294standards; provided further, that any project proposing less than full compliance with said
454	454	295standards shall provide detailed analysis demonstrating why full compliance would render the
455	455	296project infeasible notwithstanding utilization of all available federal and state incentives,
456	456	297including rebates and tax credits; provided further, that for retrofits of existing units,
457	457	298prioritization shall be given to projects that include energy efficiency and electrification
458	458	299decarbonization measures, including, but not limited to electric or ground source heat pumps,
459	459	300net-zero developments, Passive House or equivalent energy efficiency certification, and all-
460	460	301electric buildings and projects that incorporate green, sustainable and climate-resilient elements;
461	461	302provided further, that projects that include lower embodied carbon construction materials and
462	462	303methods shall be further prioritized; and provided further, that up to $50,000,000 of the funds
463	463	304made available in this item may be used to create and maintain opportunities for homeownership
464	464	305for first time homebuyers; provided, that funds shall be expended to create and enhance access to
465	465	306homeownership in order to foster long-term benefits for housing security, health and economic
466	466	307outcomes and to address a systemic homeownership gap in socially disadvantaged communities
467	467	308and among targeted populations; provided further, that funds may be expended for down 15 of 126
468	468	309payment assistance programs, mortgage insurance programs and mortgage interest subsidy
469	469	310programs administered by the Massachusetts Housing Finance Agency and the Massachusetts
470	470	311Housing Partnership; and provided further, that funds may be expended to first-time homebuyer
471	471	312counseling and financial literacy programs;......................$800,000,000
472	472	313 7004-0073. For state financial assistance in the form of grants or loans for the Housing
473	473	314Stabilization and Investment Trust Fund established in section 2 of chapter 121F of the General
474	474	315Laws and awarded only pursuant to the criteria established in said section 2 of said chapter 121F;
475	475	316provided, that not less than 25 per cent shall be used to fund projects which preserve and produce
476	476	317housing for families and individuals with incomes of not more than 30 per cent of the area
477	477	318median income, as defined by the United States Department of Housing and Urban
478	478	319Development; provided further, that if the executive office of housing and livable communities
479	479	320has not spent the amount authorized under the bond cap for this program, at the end of each year
480	480	321following the effective date of this act, the executive office may award the remaining funds to
481	481	322projects that serve households earning more than 30 per cent of the area median income, as
482	482	323defined by the United States Department of Housing and Urban Development; provided further,
483	483	324that funds expended from this item shall, to the maximum extent feasible, be prioritized for
484	484	325projects that comply with decarbonization and sustainability standards; provided, that
485	485	326prioritization will be determined through objective scoring criteria in the Qualified Allocation
486	486	327Plan developed by the executive office of housing and livable communities; provided further,
487	487	328that for new construction projects, the applicable standards for prioritization are set forth in the
488	488	329commonwealth’s Opt-in Specialized Energy Code set forth at 225 CMR §§ 22.00 and 23.00 and
489	489	330Enterprise Green Communities standards; provided further, that any project proposing less than
490	490	331full compliance with said standards shall provide detailed analysis demonstrating why full 16 of 126
491	491	332compliance would render the project infeasible notwithstanding utilization of all available
492	492	333federal and state incentives, including rebates and tax credits; provided further, that for retrofits
493	493	334of existing units, prioritization shall be given to projects that include energy efficiency and
494	494	335electrification decarbonization measures, including, but not limited to electric or ground source
495	495	336heat pumps, net-zero developments, Passive House or equivalent energy efficiency certification,
496	496	337and all-electric buildings and projects that incorporate green, sustainable and climate-resilient
497	497	338elements; provided further, that projects that include lower embodied carbon construction
498	498	339materials and methods shall be further prioritized;.................$425,000,000
499	499	340 7004-0074. For state financial assistance in the form of grants for projects undertaken
500	500	341pursuant to clause (j) of section 26 of chapter 121B of the General Laws; provided, that contracts
501	501	342entered into by the executive office of housing and livable communities for those projects may
502	502	343include, but shall not be limited to, projects providing for renovation, remodeling, reconstruction,
503	503	344redevelopment and hazardous material abatement, including asbestos and lead paint, and for
504	504	345compliance with state codes and laws and for adaptations necessary for compliance with the
505	505	346Americans with Disabilities Act of 1990, the provision of day care facilities, learning centers and
506	506	347teen service centers and the adaptation of units for families and persons with disabilities;
507	507	348provided further, that priority shall be given to projects undertaken for the purpose of compliance
508	508	349with state codes and laws or for other purposes related to the health and safety of residents;
509	509	350provided further, that funds may be expended from this item to make such modifications to
510	510	351congregate housing units as may be necessary to increase the occupancy rate of those units;
511	511	352provided further, that the executive office shall continue to fund a program to provide predictable
512	512	353funds to be used flexibly by housing authorities for capital improvements to extend the useful
513	513	354life of state-assisted public housing; provided further, that not less than 25 per cent of the funds 17 of 126
514	514	355made available in this item shall be used to fund projects which preserve or produce housing for
515	515	356families and individuals with incomes of not more than 30 per cent of the area median income, as
516	516	357defined by the United States Department of Housing and Urban Development; provided further,
517	517	358that not less than $15,000,000 of the funds made available in this item shall be used to increase
518	518	359accessibility of state-aided public housing for persons with disabilities; provided further, that up
519	519	360to $150,000,000 of the funds made available in this item may be used to fund projects that
520	520	361include sustainability initiatives to reduce greenhouse gas emissions and make progress towards
521	521	362decarbonization through energy efficiency and electrification decarbonization measures,
522	522	363including, but not limited to electric or ground source heat pumps, net-zero developments,
523	523	364Passive House or equivalent energy efficiency certification, and all-electric buildings and
524	524	365projects that incorporate green, sustainable and climate-resilient elements; provided further, that
525	525	366projects that include lower embodied carbon construction materials and methods shall be further
526	526	367prioritized; and provided further, that funds made available in this item shall, to the extent
527	527	368feasible, be used in accordance with the Massachusetts State Hazard Mitigation and Climate
528	528	369Adaptation Plan… .....................................................$1,500,000,000
529	529	370 7004-0075. For state financial assistance in the form of grants for a demonstration
530	530	371program, administered by the executive office of housing and livable communities to
531	531	372demonstrate cost effective revitalization methods for state-aided family and elderly-disabled
532	532	373public housing that seek to reduce the need for future state modernization funding; provided, that
533	533	374housing authorities with state-aided housing developments pursuant to chapter 200 of the acts of
534	534	3751948, chapter 667 of the acts of 1954, chapter 705 of the acts of 1966, chapter 689 of the acts of
535	535	3761974 or chapter 167 of the acts of 1987 shall be eligible to participate in the demonstration
536	536	377program; provided further, that the executive office may exempt a recipient of demonstration 18 of 126
537	537	378grants from the requirements of chapters 7C and 121B of the General Laws upon a showing by
538	538	379the recipient that such exemptions are necessary to accomplish the effective revitalization of
539	539	380public housing and shall not adversely affect public housing residents or applicants of any
540	540	381income who are otherwise eligible; provided further, that the executive office may provide to
541	541	382recipients of demonstration grants such additional regulatory relief as may be required to further
542	542	383the objectives of the demonstration program; provided further, that funds may be made available
543	543	384for technical assistance provided by the Community Economic Development Assistance
544	544	385Corporation established in chapter 40H of the General Laws or the Massachusetts Housing
545	545	386Partnership Fund established in section 35 of chapter 405 of the acts of 1985 to recipients of
546	546	387demonstration grants and for evaluation of the demonstration; provided further, that the
547	547	388executive office’s regulations for the implementation, administration and enforcement of this
548	548	389item shall: (i) require that selected housing authorities demonstrate innovative and replicable
549	549	390solutions to the management, marketing or capital needs of state-aided family and elderly-
550	550	391disabled public housing developments and contribute to the continued viability of the housing as
551	551	392a resource for public housing eligible residents; (ii) encourage proposals that demonstrate
552	552	393regional collaborations among housing authorities; and (iii) encourage proposals that propose
553	553	394new affordable housing units on municipally-owned land, underutilized public housing sites or
554	554	395other land owned by the housing authority; provided further, that funds expended from this item
555	555	396shall, to the maximum extent feasible, be prioritized for projects that comply with
556	556	397decarbonization and sustainability standards; provided, that prioritization will be determined
557	557	398through objective scoring criteria in the Qualified Allocation Plan developed by the executive
558	558	399office of housing and livable communities; provided further, that for new construction projects,
559	559	400the applicable standards for prioritization are set forth in the commonwealth’s Opt-in Specialized 19 of 126
560	560	401Energy Code set forth at 225 CMR §§ 22.00 and 23.00 and Enterprise Green Communities
561	561	402standards; provided further, that any project proposing less than full compliance with said
562	562	403standards shall provide detailed analysis demonstrating why full compliance would render the
563	563	404project infeasible notwithstanding utilization of all available federal and state incentives,
564	564	405including rebates and tax credits; provided further, that for retrofits of existing units,
565	565	406prioritization shall be given to projects that include energy efficiency and electrification
566	566	407decarbonization measures, including, but not limited to electric or ground source heat pumps,
567	567	408net-zero developments, Passive House or equivalent energy efficiency certification, and all-
568	568	409electric buildings and projects that incorporate green, sustainable and climate-resilient elements;
569	569	410provided further, that projects that include lower embodied carbon construction materials and
570	570	411methods shall be further prioritized; ..............................................$100,000,000
571	571	412 7004-0076. For state financial assistance in the form of grants or loans for the Housing
572	572	413Innovations Trust Fund established in section 2 of chapter 121E of the General Laws; provided,
573	573	414that not less than 25 per cent of the funds made available in this item shall be used to fund
574	574	415projects which preserve and produce housing for families and individuals with incomes of not
575	575	416more than 30 per cent of the area median income, as defined by the United States Department of
576	576	417Housing and Urban Development; and provided further, that funds expended from this item
577	577	418shall, to the maximum extent feasible, be prioritized for projects that comply with
578	578	419decarbonization and sustainability standards; provided, that prioritization will be determined
579	579	420through objective scoring criteria in the Qualified Allocation Plan developed by the executive
580	580	421office of housing and livable communities; provided further, that for new construction projects,
581	581	422the applicable standards for prioritization are set forth in the commonwealth’s Opt-in Specialized
582	582	423Energy Code set forth at 225 CMR §§ 22.00 and 23.00 and Enterprise Green Communities 20 of 126
583	583	424standards; provided further, that any project proposing less than full compliance with said
584	584	425standards shall provide detailed analysis demonstrating why full compliance would render the
585	585	426project infeasible notwithstanding utilization of all available federal and state incentives,
586	586	427including rebates and tax credits; provided further, that for retrofits of existing units,
587	587	428prioritization shall be given to projects that include energy efficiency and electrification
588	588	429decarbonization measures, including, but not limited to electric or ground source heat pumps,
589	589	430net-zero developments, Passive House or equivalent energy efficiency certification, and all-
590	590	431electric buildings and projects that incorporate green, sustainable and climate-resilient elements;
591	591	432provided further, that projects that include lower embodied carbon construction materials and
592	592	433methods shall be further prioritized…...........$200,000,000
593	593	434 7004-0077. For a local capital projects grant program to support and encourage
594	594	435implementation of the housing choice designation for communities that have demonstrated
595	595	436housing production and adoption of housing best practices, including a grant program to assist
596	596	437MBTA communities in complying with the multi-family zoning requirement in section 3A of
597	597	438chapter 40A of the General Laws....................$35,000,000
598	598	439 7004-0078. For state financial assistance in the form of no interest loans, grants,
599	599	440subsidies, credit enhancements and other financial assistance for innovative, sustainable and
600	600	441green housing initiatives; provided that entities eligible to receive financial assistance under this
601	601	442item shall include qualified for-profit or non-profit developers, community development
602	602	443corporations, local housing authorities, community action agencies, community-based or
603	603	444neighborhood-based non-profit housing organizations, other non-profit organizations and for-
604	604	445profit entities, and governmental bodies; provided further, that funds may be used to assist units
605	605	446occupied by and affordable to persons with incomes not more than 110 per cent of the area 21 of 126
606	606	447median income, as defined by the United States Department of Housing and Urban Development
607	607	448with priority given to projects that provide higher and deeper levels of affordability; provided
608	608	449further, that not less than 25 per cent of the occupants of housing in projects assisted by this item
609	609	450shall be persons whose income is not more than 60 per cent of the area median income, as
610	610	451defined by the United States Department of Housing and Urban Development; provided further,
611	611	452that financial assistance shall be awarded in a manner that promotes geographic, social, racial
612	612	453and economic equity; provided further, that funds expended from this item shall, to the
613	613	454maximum extent feasible, be prioritized for projects that comply with decarbonization and
614	614	455sustainability standards; provided, that prioritization will be determined through objective
615	615	456scoring criteria in the Qualified Allocation Plan developed by the executive office of housing and
616	616	457livable communities; provided further, that for new construction projects, the applicable
617	617	458standards for prioritization are set forth in the commonwealth’s Opt-in Specialized Energy Code
618	618	459set forth at 225 CMR §§ 22.00 and 23.00 and Enterprise Green Communities standards; provided
619	619	460further, that any project proposing less than full compliance with said standards shall provide
620	620	461detailed analysis demonstrating why full compliance would render the project infeasible
621	621	462notwithstanding utilization of all available federal and state incentives, including rebates and tax
622	622	463credits; provided further, that for retrofits of existing units, prioritization shall be given to
623	623	464projects that include energy efficiency and electrification decarbonization measures, including,
624	624	465but not limited to electric or ground source heat pumps, net-zero developments, Passive House or
625	625	466equivalent energy efficiency certification, and all-electric buildings and projects that incorporate
626	626	467green, sustainable and climate-resilient elements; provided further, that projects that include
627	627	468lower embodied carbon construction materials and methods shall be further prioritized; and
628	628	469provided further, that financial assistance under this item shall be for the following purposes: (a) 22 of 126
629	629	470to accelerate and support innovative strategies for the production of affordable and mixed-
630	630	471income housing developments and other market transformation activities, including but not
631	631	472limited to: (i) re-use of commercial space, office space, and underutilized state- or locally-
632	632	473controlled land or assets, including, but not limited to, brownfield or greyfield sites, or other
633	633	474property that the secretary of housing and livable communities has determined is suitable for
634	634	475sustainable residential or mixed-use development, (ii) modular construction, manufactured
635	635	476housing, and other innovative housing models that offer development or operating cost savings,
636	636	477utilize advanced and applied technologies, provide efficiencies to help accelerate production and
637	637	478that incorporate energy efficiency or energy conservation into their design, construction or
638	638	479rehabilitation, (iii) accessory dwelling units and co-housing models; and (v) other market
639	639	480transformation efforts to be determined by the executive office of housing and livable
640	640	481communities, which may include, but not be limited to, any pilot program or demonstration
641	641	482program that is consistent with the purposes of this item; provided, that such strategies may
642	642	483include a mixed income social housing pilot program in which a local or regional housing
643	643	484authority or other public or quasi-public entity maintains majority ownership or control of such
644	644	485housing; (b) to accelerate and support the creation of low-income and moderate-income
645	645	486residential housing units and mixed use developments that include both residential housing units
646	646	487and commercial or retail space in close proximity to transit nodes or within neighborhood
647	647	488commercial areas including, but not limited to, those areas designated as main street areas;
648	648	489provided, that the program shall be administered to: (i) maximize the amount of affordable
649	649	490residential and mixed-use space in close proximity to transit nodes or within neighborhood
650	650	491commercial areas, resulting in higher density, compact development and pedestrian-friendly,
651	651	492inclusive and connected neighborhoods; (ii) increase mass transit ridership; (iii) decrease traffic 23 of 126
652	652	493congestion and reduce greenhouse gas emissions; and (iv) increase economic opportunity for
653	653	494disadvantaged populations by making it easier for residents of affordable housing to access
654	654	495public transportation, including transportation supporting commutes to employment centers;
655	655	496provided further, that the program may be administered to include projects which have
656	656	497residential units above commercial space located in areas characterized by a predominance of
657	657	498commercial land uses, a high daytime or business population or a high concentration of daytime
658	658	499traffic and parking, provided, that the financial subsidy for the commercial portion of a project
659	659	500shall not exceed the lower of 25 per cent of the total development cost of the commercial portion
660	660	501of the project or $1,000,000; provided further, that the executive office may provide financial
661	661	502support to non-profit and for-profit developers that enter into binding agreements to set aside
662	662	503residential units in existing market-rate, transit-oriented housing, over and above any units
663	663	504required to be set aside under local zoning or approvals, for rent or sale to income-qualified
664	664	505households at affordable rents or sale prices, as applicable; (c) to accelerate and support the
665	665	506creation and preservation of sustainable and climate resilient affordable multifamily housing;
666	666	507provided, that such financial assistance shall be made to: (i) incorporate efficient, sustainable
667	667	508and climate resilient design practices in affordable residential development to support positive
668	668	509climate mitigation outcomes; (ii) reduce greenhouse gas emissions and reliance on fossil fuels;
669	669	510(iii) increase resiliency of existing housing developments to mitigate impacts of climate change,
670	670	511including flooding and extreme temperatures; and (iv) enhance emergency preparedness,
671	671	512including sustainable means of power generation to allow for sheltering vulnerable populations
672	672	513in place. Provided, that financial assistance provided pursuant to clause (a) or clause (c) may be
673	673	514administered by the executive office of housing and livable communities through contracts with
674	674	515the Massachusetts Housing Partnership Fund, established in section 35 of chapter 405 of the acts 24 of 126
675	675	516of 1985, or the Massachusetts Housing Finance Agency, established in chapter 708 of the acts of
676	676	5171966, or both, which may, as the case may be, directly offer financial assistance for the purposes
677	677	518set forth herein or may enter into subcontracts with non-profit organizations, established
678	678	519pursuant to chapter 180 of the General Laws for those purposes; provided further, that financial
679	679	520assistance provided pursuant to clause (b) may be administered by said executive office through
680	680	521contracts with said Massachusetts Housing Partnership Fund; and provided further, that the
681	681	522executive office of housing and livable communities or an administering agency under contract
682	682	523with said executive office may establish additional program requirements through regulations or
683	683	524policy
684	684	525guidelines……………………………………………………………………...$275,000,000
685	685	526 7004-0079. For the Smart Growth Housing Trust Fund established in section 35AA of
686	686	527chapter 10 of the General Laws…………………………………………………..$20,000,000
687	687	528 7004-0080. For the Middle-Income Housing Fund administered by the Massachusetts
688	688	529Housing Finance Agency.......................................$100,000,000
689	689	530 7004-0081. For a reserve to support the production of for-sale, below market housing to
690	690	531expand homeownership opportunities for first-time homebuyers and socially and economically
691	691	532disadvantaged individuals ; provided, that grants and loans to developers shall be used to
692	692	533facilitate production of affordable homeownership units for households earning up to 120 per
693	693	534cent of the area median income; provided further, that projects with units restricted to households
694	694	535earning not more than 80 per cent of the area median income shall receive preference; provided
695	695	536further, that funds expended from this item shall, to the maximum extent feasible, be prioritized
696	696	537for projects that comply with decarbonization and sustainability standards; provided, that 25 of 126
697	697	538prioritization will be determined through objective scoring criteria in the Qualified Allocation
698	698	539Plan developed by the executive office of housing and livable communities; provided further,
699	699	540that for new construction projects, the applicable standards for prioritization are set forth in the
700	700	541commonwealth’s Opt-in Specialized Energy Code set forth at 225 CMR §§ 22.00 and 23.00 and
701	701	542Enterprise Green Communities standards; provided further, that any project proposing less than
702	702	543full compliance with said standards shall provide detailed analysis demonstrating why full
703	703	544compliance would render the project infeasible notwithstanding utilization of all available
704	704	545federal and state incentives, including rebates and tax credits; provided further, that for retrofits
705	705	546of existing units, prioritization shall be given to projects that include energy efficiency and
706	706	547electrification decarbonization measures, including, but not limited to electric or ground source
707	707	548heat pumps, net-zero developments, Passive House or equivalent energy efficiency certification,
708	708	549and all-electric buildings and projects that incorporate green, sustainable and climate-resilient
709	709	550elements; provided further, that projects that include lower embodied carbon construction
710	710	551materials and methods shall be further prioritized; provided further, that the minimum number of
711	711	552units for qualifying projects under the program shall be 10 units; provided further, that funds in
712	712	553this item shall be distributed in a manner that promotes geographic equity; and provided further,
713	713	554that grants may include a requirement for matching funds; provided further, that the executive
714	714	555office of housing and livable communities may enter into such contracts and agreements with the
715	715	556Massachusetts Housing Finance Agency, or such other public agencies and instrumentalities as it
716	716	557may determine, for the administration of such program; and provided further, that not more than
717	717	5585 per cent of this item may be used for the reasonable costs of administering the
718	718	559program....................................$100,000,000 26 of 126
719	719	560 7002-0082. For grants and technical assistance to be made to municipalities and regional
720	720	561applicants to support planning and locally-driven initiatives related to community development,
721	721	562housing production, workforce training and economic opportunity, childcare and early education
722	722	563initiatives and climate resilience initiatives, including nature-based solutions projects, that
723	723	564incorporate these elements, across the commonwealth within individual communities, regions or
724	724	565a defined subset of communities therein; provided, that funds may be expended for culturally
725	725	566competent and multi-lingual technical assistance and training to small businesses; provided
726	726	567further, that preference for these funds shall be given to businesses located in low- or moderate-
727	727	568income areas and owned by women, veterans, minorities or immigrants; and provided further,
728	728	569that grants shall be awarded in a manner that promotes geographic equity.................$25,000,000
729	729	570 7004-0083. For the HousingWorks infrastructure program established by section 27½ of
730	730	571chapter 23B of the General Laws…………………………………………..$175,000,000
731	731	572 7004-0085. For state financial assistance to cities and towns or agencies, boards,
732	732	573commissions, authorities, departments or instrumentalities thereof or community development
733	733	574corporations or non-profit organizations to assist in the revitalization of neighborhoods and
734	734	575communities with properties in blighted or substandard conditions by subsidizing the purchase
735	735	576price, borrowing costs or costs of demolition or renovation of up to 50 units of residential rental
736	736	577housing or 1 to 4 units of home ownership residential housing that have been cited for building
737	737	578or sanitary code violations or that are subject to cancellation of commercial property insurance
738	738	579due to substandard property conditions or are otherwise blighted or substandard; provided, that
739	739	580contracts entered into by the executive office of housing and livable communities for those
740	740	581projects may include, but shall not be limited to, projects providing for demolition, renovation,
741	741	582remodeling, reconstruction, redevelopment and hazardous material abatement, including asbestos 27 of 126
742	742	583and lead paint, and for compliance with state codes and laws and for adaptations necessary for
743	743	584compliance with the federal Americans with Disabilities Act of 1990; provided further, that
744	744	585preference shall be given to community development corporations and local non-profit
745	745	586organizations, organizations sponsoring projects that secure private funds and projects with the
746	746	587greatest impact on community stabilization in weak markets including, but not limited to, rural
747	747	588communities and communities that have been disproportionately affected by disinvestment,
748	748	589foreclosure and abandonment; provided further, that financial assistance shall be awarded in a
749	749	590manner that promotes geographic, social, racial, and economic equity; provided further, that
750	750	591funds expended from this item shall, to the maximum extent feasible, be prioritized for projects
751	751	592that comply with decarbonization and sustainability standards; provided, that prioritization will
752	752	593be determined through objective scoring criteria in the Qualified Allocation Plan developed by
753	753	594the executive office of housing and livable communities; provided further, that for new
754	754	595construction projects, the applicable standards for prioritization are set forth in the
755	755	596commonwealth’s Opt-in Specialized Energy Code set forth at 225 CMR §§ 22.00 and 23.00 and
756	756	597Enterprise Green Communities standards; provided further, that any project proposing less than
757	757	598full compliance with said standards shall provide detailed analysis demonstrating why full
758	758	599compliance would render the project infeasible notwithstanding utilization of all available
759	759	600federal and state incentives, including rebates and tax credits; provided further, that for retrofits
760	760	601of existing units, prioritization shall be given to projects that include energy efficiency and
761	761	602electrification decarbonization measures, including, but not limited to electric or ground source
762	762	603heat pumps, net-zero developments, Passive House or equivalent energy efficiency certification,
763	763	604and all-electric buildings and projects that incorporate green, sustainable and climate-resilient
764	764	605elements; provided further, that projects that include lower embodied carbon construction 28 of 126
765	765	606materials and methods shall be further prioritized; provided further, that such rehabilitated
766	766	607housing shall remain affordable for such period as shall be established by the executive office
767	767	608through guidance taking into account differences in market conditions and the type of restrictions
768	768	609best suited to promoting community stabilization in different markets; and provided further, that
769	769	610an amount not to exceed 2 per cent of the amount expended may pay for administrative costs
770	770	611directly attributable to the purposes of this program, including costs of support
771	771	612personnel......................................................$50,000,000
772	772	613 SECTION 5.
773	773	614 EXECUTIVE OFFICE OF HOUSING AND LIVABLE COMMUNITIES
774	774	615 7004-4784. For the Massachusetts Housing Finance Agency established by section 3 of
775	775	616chapter 708 of the acts of 1966, to capitalize a permanent, revolving Residential Production
776	776	617Momentum Fund for the purpose of accelerating the development of mixed-income and
777	777	618workforce multifamily housing production projects by providing financial assistance in the form
778	778	619of innovative, low-cost, and flexible capital funding, which may be in the form of debt, equity, or
779	779	620other instruments, depending on individual underwriting needs of the project; provided that not
780	780	621less than 20 per cent of the units in a project that receives such financial assistance shall be
781	781	622restricted to households with incomes generally between 60 per cent and 120 per cent of area
782	782	623median income; provided further that, notwithstanding paragraph (f) of section 5 of said chapter
783	783	624708, the Agency may in its discretion set the term and prepayment options for any mortgage or
784	784	625other loan or instrument issued to any project receiving such financial assistance based on the
785	785	626individual underwriting needs of the project; provided further that such financial assistance shall
786	786	627be awarded in a manner that promotes geographic equity; and provided further, that funds 29 of 126
787	787	628expended from this item shall, to the maximum extent feasible, be prioritized for projects that
788	788	629comply with decarbonization and sustainability standards; provided, that prioritization will be
789	789	630determined through objective scoring criteria in the Qualified Allocation Plan developed by the
790	790	631executive office of housing and livable communities; provided further, that for new construction
791	791	632projects, the applicable standards for prioritization are set forth in the commonwealth’s Opt-in
792	792	633Specialized Energy Code set forth at 225 CMR §§ 22.00 and 23.00 and Enterprise Green
793	793	634Communities standards; provided further, that any project proposing less than full compliance
794	794	635with said standards shall provide detailed analysis demonstrating why full compliance would
795	795	636render the project infeasible notwithstanding utilization of all available federal and state
796	796	637incentives, including rebates and tax credits; provided further, that for retrofits of existing units,
797	797	638prioritization shall be given to projects that include energy efficiency and electrification
798	798	639decarbonization measures, including, but not limited to electric or ground source heat pumps,
799	799	640net-zero developments, Passive House or equivalent energy efficiency certification, and all-
800	800	641electric buildings and projects that incorporate green, sustainable and climate-resilient elements;
801	801	642provided further, that projects that include lower embodied carbon construction materials and
802	802	643methods shall be further prioritized....................$50,000,000
803	803	644 SECTION 6. Section 20 of chapter 6C of the General Laws, as appearing in the 2022
804	804	645Official Edition, is hereby amended by inserting after the second paragraph the following
805	805	646paragraph:-
806	806	647 Any agreement related to any sale or lease of property may require that a developer
807	807	648construct, design, build, finance, operate, or maintain, or any combination thereof, transportation
808	808	649facilities in the state highway system, including land and air rights or any related facility or
809	809	650component thereof controlled by the department, so long as the department shall state in its bid 30 of 126
810	810	651documentation that such transportation facilities or related facility will be accepted or required as
811	811	652a part of any such development agreement. No further procurement or advertising requirements
812	812	653shall be required, except as required in this section.
813	813	654 SECTION 7. Section 46 of said chapter 6C, as so appearing, is hereby amended by
814	814	655inserting after the first paragraph the following paragraph:-
815	815	656 Any agreement related to any lease of property may require that a developer construct,
816	816	657design, build, finance, operate, or maintain, or any combination thereof, transportation facilities
817	817	658in the state highway system including land and air rights or any related facility or component
818	818	659thereof controlled by the department, so long as the department shall state in its bid
819	819	660documentation that such transportation facilities or related facility will be accepted or required as
820	820	661a part of any such development agreement. No further procurement or advertising requirements
821	821	662shall be required, except as required in section 20.
822	822	663 SECTION 8. Subsection (b) of section 1 of said chapter 23B of the General Laws, as
823	823	664amended by section 102 of chapter 7 of the acts of 2023, is hereby further amended by inserting
824	824	665after clause (xvii) the following clause:-
825	825	666 (xviii) Develop and implement, not less than once every 5 years, a written
826	826	667comprehensive housing plan for the commonwealth. Such plan shall include, but not be limited
827	827	668to, housing supply and demand data, affordability and affordability gaps, identification of
828	828	669housing affordability challenges and needs by region, and a listing of strategies to address such
829	829	670housing needs. 31 of 126
830	830	671 SECTION 9. Section 27½ of chapter 23B of the General Laws, as inserted by section 117
831	831	672of chapter 7 of the acts of 2023, is hereby further amended by striking out subsections (a) and (b)
832	832	673and inserting in place thereof the following 2 subsections:-
833	833	674 (a) There shall be in the executive office of housing and livable communities a
834	834	675HousingWorks infrastructure program (i) to issue infrastructure grants that support housing to
835	835	676municipalities and other public entities for design, construction, building, rehabilitation, repair,
836	836	677and other improvements to infrastructure, including, but not limited to, sewers, utility extensions,
837	837	678streets, roads, curb-cuts, parking, water treatment systems, telecommunications systems, transit
838	838	679improvements, public parks and spaces that support planned or proposed housing improvements,
839	839	680and pedestrian and bicycle ways, that support the objectives of the secretariat; or (ii) to assist
840	840	681municipalities to advance projects that support housing development, preservation, or
841	841	682rehabilitation.  Preference for grants or assistance under this section shall be given to
842	842	683infrastructure serving locations within 0.5 miles of a transit station or transit route; other eligible
843	843	684locations as defined in section 1A of chapter 40A; and multi-family zoning districts that comply
844	844	685with section 3A of said chapter 40A; and projects that support housing in rural and small towns,
845	845	686as defined by the executive office.
846	846	687 (b)  A project that uses grants to municipalities for public infrastructure provided by this
847	847	688section shall be procured by a municipality in accordance with chapter 7, section 39M of chapter
848	848	68930, chapter 30B and chapter 149.
849	849	690 SECTION 10 Chapter 23B of the General Laws, as amended by chapter 7 of the acts of
850	850	6912023, is hereby further amended by adding the following 4 sections:-
851	851	32 of 126
852	852	692 Section 31. (a) As used in this section the following words shall, unless the context
853	853	693clearly requires otherwise, have the following meanings:-
854	854	694 “Office”, the office of fair housing.
855	855	695 “Fair housing trust fund”, the Fair Housing Trust Fund, as established in section
856	856	6962BBBBBBB of chapter 29.
857	857	697 (b) There shall be within the executive office of housing and livable communities an
858	858	698office of fair housing. The office shall be under the supervision and control of a director of fair
859	859	699housing who shall be appointed by and report to the secretary of housing and livable
860	860	700communities.
861	861	701 (c) The office shall:
862	862	702 (i) Collaborate with state agencies on policies and actions that would advance the
863	863	703elimination of housing discrimination and affirmatively further fair housing, overcome patterns
864	864	704of segregation, foster inclusive communities free from barriers that restrict access to opportunity
865	865	705for individuals or groups of individuals that are protected from unlawful practices pursuant to
866	866	706chapter 151B and help support enforcement of and compliance with all fair housing laws,
867	867	707including, but not limited to, chapter 151B and the federal Fair Housing Act, 42 U.S.C. 3601 et
868	868	708seq;
869	869	709 (ii) facilitate communication and partnership among state agencies and municipalities to
870	870	710develop a greater understanding of the intersections between agency activities, municipal
871	871	711activities and fair housing;
872	872	33 of 126
873	873	712 (iii) facilitate the development of interagency initiatives to examine and address the social
874	874	713and economic determinants of housing disparity issues including, but not limited to: (A) equal
875	875	714access to quality housing; (B) housing affordability; (C) access and proximity to multimodal
876	876	715transportation options, including cost; (D) air, water, land usage and quality, including, but not
877	877	716limited to consideration of environmental justice principles as defined in section 30 of chapter
878	878	71762L; (E) employment and workforce development; (F) access to healthcare; (G) education access
879	879	718and quality; and (H) language access; and
880	880	719 (iv) administer the Fair Housing Trust Fund.
881	881	720 (d) Not less than once every 5 years, the office shall prepare a report evaluating the
882	882	721progress of the commonwealth toward eliminating housing discrimination and affirmatively
883	883	722furthering fair housing. Said report shall comply with all applicable federal requirements for
884	884	723analysis and reporting relating to the commonwealth’s obligation to affirmatively further fair
885	885	724housing. Where possible, said report shall include quantifiable measures and comparative
886	886	725benchmarks and, where possible, shall detail progress on a regional basis. The office shall hold
887	887	726public hearings to gather public information on the topics of the report. In addition, on an annual
888	888	727basis, the office shall prepare a supplemental report describing the activities and outcomes of the
889	889	728Fair Housing Trust Fund. Both the assessment of fair housing report and the annual supplemental
890	890	729reports on the activities and outcomes of the Fair Housing Trust Fund shall be filed with the
891	891	730governor, the clerks of the house of representatives and senate and the chairs of the joint
892	892	731committee on housing not later than July 1 in the year in which each such report is due. Each
893	893	732report shall be posted on the official website of the commonwealth. 34 of 126
894	894	733 Section 32. As used in this section and sections 33 through 34, inclusive, the following
895	895	734words shall have the following meanings unless the context clearly requires otherwise:-
896	896	735 “Executive office”, the executive office of housing and livable communities.
897	897	736 “Seasonal community”, a city or town characterized by significant seasonal fluctuations
898	898	737in population and employment related to seasonally-based tourism, based on criteria to be
899	899	738established by the SCCC.
900	900	739 “Secretary”, the secretary of housing and livable communities.
901	901	740 “SCCC”, the Seasonal Communities Coordinating Council established pursuant to
902	902	741section (b).
903	903	742 Section 33. (a) There shall be a seasonal community coordinating council, or SCCC,
904	904	743established within the executive office, which shall consist of: the secretary or their designee
905	905	744who shall serve as chairperson; 1 person to be appointed by the secretary; the secretary of labor
906	906	745and workforce development or a designee; and 4 persons to be appointed by the governor, 1 of
907	907	746whom shall be from the western region of the commonwealth, 1 of whom shall be from the
908	908	747northeastern region of the commonwealth, 1 of whom shall be from the southeastern region of
909	909	748the commonwealth, and 1 of whom shall be from Cape Cod or the Islands. The persons
910	910	749appointed by the governor shall have expertise in issues pertaining to municipal government, the
911	911	750hospitality industry, the tourism industry, and housing development and finance. Each member
912	912	751appointed by the governor shall serve at the pleasure of the governor. The council shall adopt
913	913	752by-laws to govern its affairs. 35 of 126
914	914	753 (b) The SCCC shall provide advice and recommendations, which shall, at a minimum,
915	915	754include regulatory recommendations to the executive office regarding the creation of a process
916	916	755for designating cities and towns as seasonal communities. The SCCC also shall provide advice
917	917	756and recommendations to the executive office regarding policies or programs to serve the distinct
918	918	757needs of seasonal communities, including but not limited to, access to specialized grant programs
919	919	758or special consideration under certain state grant programs of general application. The SCCC
920	920	759also shall provide advice and recommendations to the executive office as to best practices to
921	921	760incentivize production of affordable year-round housing in such communities.
922	922	761 (c) The SCCC shall provide its initial report to the executive office within 180 days
923	923	762following appointment of its members and shall report annually thereafter with additional
924	924	763recommendations.
925	925	764 Section 34. A city or town designated by the executive office as a seasonal community,
926	926	765by vote of its town meeting, town council or city council, with the approval of the mayor where
927	927	766required by law, on its own behalf or in conjunction with one or more cities or towns, may
928	928	767exempt from property taxation, under chapter 59, a dwelling unit that is rented on a yearly basis,
929	929	768and occupied year-round, for an amount not to exceed 150 per cent the fair market rent as
930	930	769established by the United States Department of Housing and Urban Development for the
931	931	770applicable metropolitan statistical area. The owner of a dwelling qualifying for exemption under
932	932	771this section shall submit to the municipality or its agent documentation, including but not limited
933	933	772to a signed lease, necessary to confirm the eligibility of the rental.
934	934	773 The amount of the exemption shall be determined by the municipality; provided,
935	935	774however, that the amount shall not exceed an amount equal to the tax otherwise owed on the 36 of 126
936	936	775property based on the assessed value of the property, including accessory dwelling units,
937	937	776multiplied by the square feet of the living space of all dwelling units on the property that qualify
938	938	777under this section, divided by the total square feet of structures on the property.
939	939	778 SECTION 11. Chapter 29 of the General Laws, as appearing in the 2022 Official Edition,
940	940	779is hereby amended by inserting after section 2AAAAAAA the following section:-
941	941	780 Section 2BBBBBB. (a) There shall be established and set up on the books of the
942	942	781commonwealth a separate fund known as the Fair Housing Trust Fund. There shall be credited to
943	943	782said fund revenue from appropriations or other monies authorized by the general court and
944	944	783specifically designated for the fund and any gifts, grants, private contributions, investment
945	945	784income earned on the fund’s assets and any other sources.
946	946	785 (b) The fund shall be administered by the office of fair housing established in section 31
947	947	786of chapter 23B and funds shall be expended from the fund for the purpose of eliminating housing
948	948	787discrimination and affirmatively furthering fair housing, overcoming patterns of segregation,
949	949	788fostering inclusive communities free from barriers that restrict access to opportunity for
950	950	789individuals or groups of individuals that are protected from unlawful practices pursuant to
951	951	790chapter 151B, and help support enforcement of and compliance with all fair housing laws,
952	952	791including, but not limited to, chapter 151B and the federal Fair Housing Act, 42 U.S.C. 3601 et
953	953	792seq. Activities eligible for assistance from the trust fund shall include, but not be limited to,
954	954	793private enforcement initiatives, education and outreach initiatives, fair housing testing, lending
955	955	794discrimination, affirmatively furthering fair housing, and special projects.
956	956	795 (c) Amounts credited to the fund shall be expended without further appropriation. Any
957	957	796balance in the fund at the close of a fiscal year shall be available for expenditure in subsequent 37 of 126
958	958	797fiscal years and shall not be transferred to any other fund or revert to the General Fund; provided
959	959	798that the comptroller shall report the amount remaining in the fund at the end of each fiscal year to
960	960	799the house and senate committees on ways and means.
961	961	800 (d) Grantees eligible for assistance shall include, but not be limited to, fair housing
962	962	801assistance programs and fair housing initiative programs, as defined by the U.S. Department of
963	963	802Housing and Urban Development, any private, non-profit agency, or any state-funded public
964	964	803housing authority.
965	965	804 SECTION 12. Section 1A of chapter 40A of the General Laws, as appearing in the 2022
966	966	805Official Edition, is hereby amended by striking out the definition of “Accessory Dwelling Unit”
967	967	806and inserting in place thereof the following definition:-
968	968	807 “Accessory dwelling unit”, a self-contained housing unit, inclusive of sleeping, cooking
969	969	808and sanitary facilities on the same lot as a principal dwelling, subject to otherwise applicable
970	970	809dimensional and parking requirements, that: (i) maintains a separate entrance, either directly
971	971	810from the outside or through an entry hall or corridor shared with the principal dwelling sufficient
972	972	811to meet the requirements of the state building code for safe egress; (ii) is not larger in gross floor
973	973	812area than 1/2 the gross floor area of the principal dwelling or 900 square feet, whichever is
974	974	813smaller; and (iii) is subject to such additional restrictions as may be imposed by a municipality,
975	975	814including but not limited to additional size restrictions, and restrictions or prohibitions on short-
976	976	815term rental, as defined in section 1 of chapter 64G; provided, however, that no municipality shall
977	977	816unreasonably restrict the creation or rental of an accessory dwelling unit that is not a short-term
978	978	817rental. 38 of 126
979	979	818 SECTION 13. Section 3 of said chapter 40A of the General Laws, as so appearing, is
980	980	819hereby amended by adding the following paragraph:-
981	981	820 No zoning ordinance or by-law shall prohibit, unreasonably restrict, or require a special
982	982	821permit or other discretionary zoning approval for the use of land or structures for an accessory
983	983	822dwelling unit, or the rental thereof, in a single-family residential zoning district; provided, that
984	984	823the use of land or structures for an accessory dwelling unit under this paragraph may be subject
985	985	824to reasonable regulations, including but not limited to 310 CMR 15.000 et seq., if applicable, site
986	986	825plan review, regulations concerning dimensional setbacks and the bulk and height of structures
987	987	826and may be subject to restrictions and prohibitions on short term rental as defined in section 1 of
988	988	827chapter 64G.The use of land or structures for an accessory dwelling unit under this paragraph
989	989	828shall not require owner occupancy of either the accessory dwelling unit or the principal dwelling;
990	990	829provided further, that not more than 1 additional parking space shall be required for an accessory
991	991	830dwelling unit; and provided further, that no additional parking space shall be required for an
992	992	831accessory dwelling located not more than 0.5 miles from a commuter rail station, subway station,
993	993	832ferry terminal or bus station. The executive office of housing and livable communities may issue
994	994	833guidelines or promulgate regulations to carry out the purposes of this paragraph.
995	995	834 SECTION 14. Section 3A of said chapter 40A of the General Laws, as amended by
996	996	835section 152 of chapter 7 of the acts of 2023, is hereby further amended by striking out the words
997	997	836“section 27” and inserting in place thereof the following words:- section 27½.
998	998	837 SECTION 15. Section 5 of said chapter 40A of the General Laws, as amended by section
999	999	838154 of chapter 7 of the acts of 2023, is hereby further amended by inserting after clause (4) the
1000	1000	839following clause:- 39 of 126
1001	1001	840 (5) an inclusionary zoning ordinance or bylaw; provided, that such zoning ordinance or
1002	1002	841bylaw shall not unduly constrain the production of housing in the area impacted by the
1003	1003	842inclusionary zoning ordinance or bylaw; provided further, that the executive office of housing
1004	1004	843and livable communities may issue guidelines or promulgate regulations consistent with the
1005	1005	844purposes of this clause.
1006	1006	845 SECTION 16. Section 9 of chapter 40H of the General Laws, as appearing in the 2022
1007	1007	846Official Edition, is hereby amended by striking out, in line 1, the words “section 16G” and
1008	1008	847inserting in place thereof the following words:- section 16G½.
1009	1009	848 SECTION 17. Said section 9 of said chapter 40H, as so appearing, is hereby further
1010	1010	849amended by striking out the words “and section 56 of chapter 23A”.
1011	1011	850 SECTION 18. Paragraph (1) of subsection (c) of section 55C of chapter 44, as appearing
1012	1012	851in the 2022 Official Edition, is hereby amended by inserting in line 35, after the words “money
1013	1013	852from chapter 44B”, the following words:- and section 55D; provided, however, that any such
1014	1014	853money received from section 55D shall be used exclusively for adaptive reuse, production or
1015	1015	854preservation of affordable housing, uses allowed by the municipal affordable housing trust fund
1016	1016	855established hereunder or a regional affordable housing commission fund established by general
1017	1017	856or special law, for assistance to a housing authority as defined under section 1 of chapter 121B or
1018	1018	857other affordable housing purposes as determined by the Executive Office of Housing and Livable
1019	1019	858Communities.
1020	1020	859 SECTION 19. Said section 55C of said chapter 44, as so appearing, is hereby further
1021	1021	860amended, by inserting after the word “fee,”, in line 99, the following words:- transfer fee
1022	1022	861pursuant to section 55D. 40 of 126
1023	1023	862 SECTION 20. Said chapter 44 is hereby further amended by inserting after section 55C
1024	1024	863the following section:-
1025	1025	864 Section 55D. (a) For purposes of this section, the following words shall, unless the
1026	1026	865context clearly requires otherwise, have the following meanings:-
1027	1027	866 “Affidavit of transfer fee”, an affidavit signed under the pains and penalties of perjury by
1028	1028	867the settlement agent that attests to (i) the true and complete purchase or sale price of the transfer
1029	1029	868of the real property interest; (ii) the amount of the transfer fee owed or the basis, if any, upon
1030	1030	869which the transfer is exempt from the fee imposed by said transfer; (iii) the amount that the seller
1031	1031	870shall pay as required by the bylaw, ordinance or regulation; and (iv) the obligation of the
1032	1032	871settlement agent to make payment of the transfer fee to the city or town.
1033	1033	872 “Affordable housing purposes” uses allowed by the municipal affordable housing trust
1034	1034	873fund or regional affordable housing commission fund into which funds are deposited hereunder,
1035	1035	874which shall include the acquisition, construction, rehabilitation, and preservation of affordable
1036	1036	875housing for the benefit of low- and moderate-income households as defined in such municipal
1037	1037	876affordable housing trust fund or regional affordable housing commission fund, assistance to a
1038	1038	877housing authority as defined under section 1 of chapter 121B or other affordable housing
1039	1039	878purposes pursuant to regulations promulgated by the executive office of housing and livable
1040	1040	879communities.
1041	1041	880 “Affordable housing restriction", a recorded instrument held by a qualified holder which
1042	1042	881encumbers or restricts a real property interest so that the real property interest is perpetually or
1043	1043	882for a term of at least 30 years limited to use as a residence occupied by a low or moderate income
1044	1044	883household with area median income, as defined by the United States Department of Housing and 41 of 126
1045	1045	884Urban Development, not to exceed the income limits to which the municipal affordable housing
1046	1046	885trust fund or regional affordable housing commission fund is subject.
1047	1047	886 “Member cities and towns”, cities or towns that are members of a regional affordable
1048	1048	887housing commission.
1049	1049	888 “Municipal affordable housing trust fund”, a municipal affordable housing trust fund
1050	1050	889established pursuant to section 55C, or any other municipal trust fund established pursuant to a
1051	1051	890law of the commonwealth providing for the creation and preservation of affordable housing in a
1052	1052	891particular city or town for the benefit of low- and moderate-income households or for the
1053	1053	892funding of community housing, as defined in and in accordance with chapter 44B.
1054	1054	893 "Purchaser", the transferee, grantee, or recipient of any real property interest.
1055	1055	894 "Purchase price" or “sale price,” all consideration paid or transferred by or on behalf of a
1056	1056	895purchaser to a seller or the seller’s nominee, or for the seller’s benefit, for the transfer of any real
1057	1057	896property interest, and shall include, but not be limited to: (i) all cash or its equivalent so paid or
1058	1058	897transferred; (ii) all cash or other property paid or transferred by or on behalf of the purchaser to
1059	1059	898discharge or reduce any obligation of the seller; (iii) the principal amount of all notes or their
1060	1060	899equivalent, or other deferred payments, given or promised to be given by or on behalf of the
1061	1061	900purchaser to the seller or the seller’s nominee; (iv) the outstanding balance of all obligations of
1062	1062	901the seller which are assumed by the purchaser or to which the real property interest transferred
1063	1063	902remains subject after the transfer, determined at the time of transfer, but excluding real estate
1064	1064	903taxes and other municipal liens or assessments which are not overdue at the time of transfer; (v)
1065	1065	904the fair market value, at the time of transfer, of any other consideration or thing of value paid or 42 of 126
1066	1066	905transferred by or on behalf of the purchaser, including, but not limited to, any property, goods or
1067	1067	906services paid, transferred or rendered in exchange for such real property interest.
1068	1068	907 “Qualified holder”, a governmental body or charitable corporation or trust which
1069	1069	908qualifies under the terms of chapter 184 to hold an affordable housing restriction.
1070	1070	909 "Real property interest", any present or future legal or equitable interest in or to real
1071	1071	910property, and any beneficial interest therein, including the interest of any beneficiary in a trust
1072	1072	911which holds any legal or equitable interest in real property, the interest of a partner or member in
1073	1073	912a partnership or limited liability company, the interest of a stockholder in a corporation, the
1074	1074	913interest of a holder of an option to purchase real property, the interest of a purchaser or seller
1075	1075	914under a contract for purchase and sale of real property, and the transferable development rights
1076	1076	915created under chapter 183A; but shall not include any interest which is limited to any of the
1077	1077	916following: the dominant estate in any easement or right of way; the right to enforce any
1078	1078	917restriction; any estate at will or at sufferance; any estate for years having a term of less than 30
1079	1079	918years; any reversionary right, condition, or right of entry for condition broken; and the interest of
1080	1080	919a mortgagee or other secured party in any mortgage or security agreement.
1081	1081	920 “Regional affordable housing commission”, a regional planning and land use commission
1082	1082	921created by any general or special law with authority to prepare and oversee the implementation
1083	1083	922of a regional land-use policy plan for a region of the Commonwealth comprising at least one
1084	1084	923county, and whose membership includes all of the cities or towns in such region; provided, that
1085	1085	924the regional commission’s statutory purposes and authority shall include promoting the creation
1086	1086	925of fair affordable housing for low-income and moderate-income persons; provided further, that a
1087	1087	926regional affordable housing commission may be an agency within the structure of a regional 43 of 126
1088	1088	927government, including, but not limited to the Cape Cod regional government, known as
1089	1089	928Barnstable county; and provided further, that said regional government may require additional
1090	1090	929procedures for member cities and towns to adopt a transfer fee that are not inconsistent with this
1091	1091	930section, including, but not limited to procedures for adopting bylaws and ordinances, establishing
1092	1092	931a transfer fee and administering the collection of a transfer fee established pursuant to this
1093	1093	932section.
1094	1094	933 “Regional affordable housing commission fund”, a fund established by general or special
1095	1095	934law for the creation and preservation of affordable housing, as defined in the general or special
1096	1096	935law establishing such fund, in a particular region comprising at least one county.
1097	1097	936 "Seller", the transferor, grantor, or immediate former owner of any real property interest.
1098	1098	937 “Settlement Agent”, an escrow agent, real estate attorney, or representative of a lender or
1099	1099	938title company that conducts the closing or settlement of the sale or transfer of a real property
1100	1100	939interest including the coordination of the attendance and document signing for all the parties,
1101	1101	940verification that each party to the transfer has performed their required responsibilities as
1102	1102	941outlined in the contract and the disbursement of all funds, along with the title and deed, to the
1103	1103	942appropriate parties after checking that all conditions are met at the close of the transfer
1104	1104	943transaction.
1105	1105	944 "Time of transfer", the time at which a transfer of a real property interest is legally
1106	1106	945effective as between the parties thereto, and, in any event, with respect to a transfer evidenced by
1107	1107	946an instrument recorded with the appropriate registry of deeds or filed with the assistant recorder
1108	1108	947of the appropriate registry district, not later than the time of such recording or filing.  44 of 126
1109	1109	948 “Transfer fee”, a fee, to be paid by the seller pursuant to this section, upon the transfer of
1110	1110	949a real property interest between a seller and a buyer.
1111	1111	950 (b) (1) A city or town that has established a municipal affordable housing trust fund, or a
1112	1112	951regional affordable housing commission that has established a regional affordable housing
1113	1113	952commission fund, as applicable, may, pursuant to subsection (e), impose a fee upon the transfer
1114	1114	953of any real property interest in any real property situated in the city or town, or real property
1115	1115	954situated in the member cities and towns, as described and as subject to conditions and
1116	1116	955exemptions described herein; provided, that a city or town that is an MBTA community as
1117	1117	956defined in section 1A of chapter 40A shall not impose a transfer fee pursuant to this section
1118	1118	957unless such city or town has been determined by the executive office of housing and livable
1119	1119	958communities to be in compliance with section 3A of chapter 40A; and provided further, that
1120	1120	959member cities and towns shall not impose a fee pursuant to this section if a transfer fee is in
1121	1121	960effect pursuant to the adoption of such fee by the applicable regional affordable housing
1122	1122	961commission under subsection (e).
1123	1123	962 (2) A city, town or regional affordable housing commission, as applicable, may establish
1124	1124	963different transfer fee rates for different classifications of properties, defined by the tax
1125	1125	964classification of such properties, and the purchase price of a property; provided, however, that
1126	1126	965any transfer fee shall be not less than 0.5 per cent and not more than 2 per cent of the portion of
1127	1127	966the purchase price of such real property interest in excess of the exemption threshold established
1128	1128	967pursuant to paragraph (1) of subsection (c).
1129	1129	968 (3) The transfer fee shall be borne by the seller. 45 of 126
1130	1130	969 (4) The seller or settlement agent shall, in advance of the time of transfer, request and the
1131	1131	970city or town or regional affordable housing commission, as applicable, shall provide to said seller
1132	1132	971or settlement agent in advance of the time of transfer a certificate indicating the dollar amount of
1133	1133	972the transfer fee owed based on the agreed upon purchase price as evidenced by an executed
1134	1134	973purchase and sale agreement, contract for sale or other document evidencing the agreed upon
1135	1135	974purchase price or that the transfer is exempt from the transfer fee, stating the basis for the
1136	1136	975exemption.
1137	1137	976 (5) Whenever the transfer of a real property interest will occur at or about the same time
1138	1138	977as a conveyance of personalty related thereto, the calculation of the fee with respect to such
1139	1139	978transfer shall be determined by the city or town or regional affordable housing commission, as
1140	1140	979applicable; provided, that the allocations of payments between real estate and personalty agreed
1141	1141	980to by the purchaser and seller shall not determine the calculation of the transfer fee due pursuant
1142	1142	981to this section.
1143	1143	982 (6) The transfer fee shall be paid within 7 days of the time of transfer by the settlement
1144	1144	983agent to the city or town, or its designee, or to the regional affordable housing commission or its
1145	1145	984designee, as applicable and shall be accompanied by a copy of the deed or other instrument
1146	1146	985recorded or registered with the registry of deeds for the county in which the real property interest
1147	1147	986is located, or the assistant recorder for the registry district of the county in which the real
1148	1148	987property interest is located, and a copy of the affidavit of transfer fee. The city or town, or its
1149	1149	988designee, or the regional affordable housing commission, or its designee as applicable, shall
1150	1150	989promptly thereafter execute and issue a certificate indicating that the appropriate fee has been
1151	1151	990paid. 46 of 126
1152	1152	991 (7) Upon receipt of a transfer fee by a city or town, the treasurer of the city or town shall
1153	1153	992deposit the transfer fee in the city or town’s municipal affordable housing trust fund. Upon
1154	1154	993receipt of a transfer fee by a regional affordable housing commission, or its designee, the
1155	1155	994regional affordable housing commission, or its designee, shall deposit the transfer fee into the
1156	1156	995regional affordable housing commission fund.
1157	1157	996 (c) (1) The following transfers of real property interests shall be exempt from a transfer
1158	1158	997fee established pursuant to this section:
1159	1159	998 (i) Transfers for less than the greater of $1,000,000 or 100 per cent of the median single
1160	1160	999family home sales price for that county; provided, that a municipality or regional affordable
1161	1161	1000housing commission, as applicable, may adopt a higher threshold pursuant to this section. The
1162	1162	1001county median sales price for a single-family home shall be determined annually by April 1st of
1163	1163	1002each calendar year by the executive office of housing and livable communities.
1164	1164	1003 (ii) Transfers made as gifts with consideration of less than $100;
1165	1165	1004 (iii) Transfers from the government of the United States, the Commonwealth and any of
1166	1166	1005their instrumentalities, agencies, or subdivisions, including but not limited to transfers from the
1167	1167	1006city, town, local housing authority or regional housing commission;
1168	1168	1007 (iv) Distributions by the trustees of a trust to the beneficiaries of such trust;
1169	1169	1008 (v) Transfers to the trustees of a trust in exchange for a beneficial interest received by the
1170	1170	1009seller in such trust;
1171	1171	1010 (vi) Transfers between family members as defined by bylaw, ordinance or regulations
1172	1172	1011adopted by a city, town or regional affordable housing commission, as the case may be; 47 of 126
1173	1173	1012 (vii) Transfers which, without additional consideration, confirm, correct, modify, or
1174	1174	1013supplement a transfer previously made;
1175	1175	1014 (viii) Transfers by operation of law without actual consideration, including but not
1176	1176	1015limited to transfers occurring by virtue of the death or bankruptcy of the owner of a real property
1177	1177	1016interest;
1178	1178	1017 (ix) Transfers made in partition of land and improvements thereto, pursuant to chapter
1179	1179	1018241;
1180	1180	1019 (x) Transfers to any charitable or religious organization, as defined pursuant to section 5
1181	1181	1020of chapter 59; provided, however, that the real property interest so transferred will be held by the
1182	1182	1021charitable or religious organization solely for affordable housing-related uses that are consistent
1183	1183	1022with the uses allowed by the municipal affordable housing trust fund or regional affordable
1184	1184	1023housing commission fund, as applicable; and provided, further, that such housing shall be subject
1185	1185	1024to an affirmative fair housing marketing plan approved by the executive office of housing and
1186	1186	1025livable communities;
1187	1187	1026 (xi) Transfers to a mortgagee in foreclosure of the mortgage held by such mortgagee, and
1188	1188	1027transfers of the property subject to a mortgage to the mortgagee in consideration of the
1189	1189	1028forbearance of the mortgagee from foreclosing said mortgage;
1190	1190	1029 (xii) Transfers consisting of the division of marital assets under the provisions of section
1191	1191	103034 of chapter 208 or other provisions of law; and
1192	1192	1031 (xiii) Transfers of an interest in real property containing not less than 3 residential units
1193	1193	1032in which not less than 1 residential unit or 25 per cent of the residential units, whichever is 48 of 126
1194	1194	1033greater, is governed by affordable housing restrictions; provided, however, that if less than 100
1195	1195	1034per cent of the residential units are governed by affordable housing restrictions, the exemption
1196	1196	1035shall apply only to the portion of the property that is governed by affordable housing restrictions
1197	1197	1036and the transfer fee imposed pursuant to this section shall be proportionately reduced based on
1198	1198	1037the percentage of residential units subject to affordable housing restrictions, as compared to the
1199	1199	1038total number of units located on that property.
1200	1200	1039 (2) The payor of the transfer fee shall have the burden of proving that an exemption
1201	1201	1040applies to a transfer of real property interest pursuant to this section; and provided further, that
1202	1202	1041any otherwise exempt transfer shall not be exempt in the event that such transfer, by itself or as
1203	1203	1042part of a series of transfers, was made for the primary purpose of evading the fee established
1204	1204	1043pursuant to this section.
1205	1205	1044 (d)  The city or town’s treasurer, or the treasurer or other person designated by the
1206	1206	1045regional affordable housing commission, as applicable, shall keep a full and accurate account
1207	1207	1046stating when, from or to whom, and on what account, money has been paid or received relative
1208	1208	1047to the activities of the municipal or regional affordable housing trust fund.
1209	1209	1048 (e)(1) The adoption of any transfer fee pursuant to subsection (b) shall be determined by
1210	1210	1049either (i) a majority vote by the city or town’s legislative body or (ii) with respect to a regional
1211	1211	1050affordable housing commission, by the terms of, or in accordance with, the procedures
1212	1212	1051established by such commission; provided, that member cities and towns may adopt a transfer
1213	1213	1052fee pursuant to clause (i) if a transfer fee is not in effect for the applicable regional affordable
1214	1214	1053housing commission pursuant to clause (ii); and provided further, that a transfer fee adopted by 49 of 126
1215	1215	1054any member cities and towns shall have no force or effect upon the effective date of a transfer
1216	1216	1055fee adopted by the applicable regional affordable housing commission pursuant to clause (ii).
1217	1217	1056 The adoption of a transfer fee pursuant to subsection (b) shall take effect on the first day
1218	1218	1057of the calendar quarter following 30 days after its acceptance pursuant to this subsection or on
1219	1219	1058the first day of a later calendar quarter as the city or town or regional housing commission, as
1220	1220	1059applicable, may designate.
1221	1221	1060 (2) A city, town or any of the member cities or towns of a regional affordable housing
1222	1222	1061commission may provide for the enforcement and collection of a transfer fee established
1223	1223	1062pursuant to this section, including, but not limited to the denial, revocation or suspension of local
1224	1224	1063licenses and permits pursuant to section 57 of chapter 40 and the authority to impose a lien on
1225	1225	1064real property pursuant to section 58 of chapter 40.
1226	1226	1065 (3) A city, town or regional affordable housing commission enacting a real estate transfer
1227	1227	1066fee pursuant to this section, may issue rules, policies and procedures to effectuate its terms.
1228	1228	1067 (4) A city, town or regional affordable housing commission that adopts this section shall
1229	1229	1068submit an annual report to the executive office of housing and livable communities and the
1230	1230	1069department of revenue detailing the total fees collected and the amounts used or planned to be
1231	1231	1070used for affordable housing purposes in accordance with this section.
1232	1232	1071 (5) a city, town or regional affordable housing commission that adopts this section shall
1233	1233	1072adopt a bylaw, ordinance or regulation, as the case may be, which establishes a procedure by
1234	1234	1073which an aggrieved person may appeal the transfer fee amount, in whole or in part, or the denial
1235	1235	1074of an exemption. 50 of 126
1236	1236	1075 (6) Any person aggrieved by a denial of relief pursuant to a bylaw, ordinance or
1237	1237	1076regulation established pursuant to paragraph (5) may, within 60 days from the receipt of the
1238	1238	1077notice of such denial, petition the appellate tax board under the provisions of chapter 58A.
1239	1239	1078 (f) The executive office of housing and livable communities, in consultation with the
1240	1240	1079department of revenue, shall promulgate regulations to carry out the provisions of this section,
1241	1241	1080which shall include, but not be limited to regulations that provide for the forfeiture of revenue
1242	1242	1081collected pursuant to this section to said executive office if such revenue has not been used for
1243	1243	1082affordable housing purposes within a reasonable amount of time.
1244	1244	1083 SECTION 21. Section 6M of chapter 62, as so appearing, is hereby amended by striking
1245	1245	1084out, in lines 226 and 227, the words "$12,000,000 in each of taxable years 2023 to 2025,
1246	1246	1085inclusive" and inserting in place thereof the following words:- $15,000,000 in taxable years
1247	1247	1086beginning on or after January 1, 2025.
1248	1248	1087 SECTION 22. Chapter 62 of the General Laws is hereby amended by inserting after
1249	1249	1088section 6N, the following section:-
1250	1250	1089 Section 6O. (a) For the purposes of this section, unless the context clearly requires
1251	1251	1090otherwise, the following words shall have the following meanings:-
1252	1252	1091 "Affordability period", the ten-year period that commences on the date of the initial sale
1253	1253	1092of a single-family dwelling constructed as part of a qualified project.
1254	1254	1093 “Affordability restriction”, a restriction in form and substance approved by the director
1255	1255	1094and the secretary, imposing resale restrictions on a single-family dwelling constructed as part of
1256	1256	1095a qualified homeownership development project during the affordability period. 51 of 126
1257	1257	1096 "Credit amount", the amount computed by the director under subsection (b) before
1258	1258	1097issuing an eligibility certificate.
1259	1259	1098 “Commissioner”, the commissioner of revenue.
1260	1260	1099 "Credit award amount", the amount determined by the director and stipulated in the
1261	1261	1100notice sent pursuant to subsection (c).
1262	1262	1101 "Director", the executive director of the Massachusetts Housing Finance Agency,
1263	1263	1102established pursuant to chapter 708 of the acts of 1966.
1264	1264	1103 "Eligibility certificate", a certificate issued to a sponsor pursuant to subsection (d).
1265	1265	1104 “Eligible location”, a geography in which qualified projects may be located, based on
1266	1266	1105criteria established in the qualified homeownership allocation plan.
1267	1267	1106 “Homeownership development project'', a multi-unit homeownership development
1268	1268	1107project in which not less than 20 per cent of the units are affordable at the time of initial sale to
1269	1269	1108households having incomes equal to or less than 120 per cent of the area median income, as
1270	1270	1109determined by the United States Department of Housing and Urban Development.
1271	1271	1110 “Maximum credit amount”, the amount equal to 35 per cent of the lesser of: (i) the total
1272	1272	1111qualified project expenditures or (ii) 80 per cent of the median new home sales price, subject to
1273	1273	1112such further limitations as may be established under the qualified homeownership credit
1274	1274	1113allocation plan.
1275	1275	1114 “Qualified buyer”, an individual that is a first-time homebuyer with an annual income
1276	1276	1115not exceeding 120 per cent of the area median income, as determined by the United States
1277	1277	1116Department of Housing and Urban Development, for the location in which the single-family 52 of 126
1278	1278	1117dwelling being purchased is located, and that satisfies any additional qualifications established
1279	1279	1118by the director under the qualified homeownership credit allocation plan.
1280	1280	1119 “Qualified homeownership credit allocation plan”, a plan adopted by the director with the
1281	1281	1120approval of the secretary, establishing (i) criteria and metrics under which homeownership
1282	1282	1121development projects will be assessed for qualification and the geographies in which qualified
1283	1283	1122projects may be located; (ii) criteria for approving and ranking applications for credits; (iii)
1284	1284	1123methodology to determine applicable median new homes sales prices for the area in which the
1285	1285	1124project is located; (iv) mechanisms to maintain affordability of each single-family dwelling
1286	1286	1125created as part of a qualified homeownership development project, throughout the affordability
1287	1287	1126period; (v) criteria to be used in determining qualification as a qualified buyer; (vi) the criteria
1288	1288	1127governing the purchase, ownership and sale of completed qualified homeownership development
1289	1289	1128project single-family dwellings; and (vii) the manner of determining qualified project
1290	1290	1129expenditures.
1291	1291	1130 "Qualified homeownership development project", a homeownership development project
1292	1292	1131to develop single-family dwellings in the commonwealth that satisfies any qualifications
1293	1293	1132established by the director with the approval of the secretary in the qualified homeownership
1294	1294	1133credit allocation plan; provided, however, that the proposed project (i) involves the new
1295	1295	1134construction of 10 or more residential homeownership units; (ii) is located in an eligible location;
1296	1296	1135and (iii) has units that shall be sold to qualified buyers, subject to an affordability restriction in
1297	1297	1136accordance with the qualified homeownership credit allocation plan.
1298	1298	1137 ''Qualified project expenditure'', an expenditure directly related to the construction of a
1299	1299	1138qualified homeownership development project, including the cost of site assessment and 53 of 126
1300	1300	1139remediation of hazardous materials, but excluding the purchase of the project, provided,
1301	1301	1140however, that (i) the department has certified that the proposed project meets the definition of a
1302	1302	1141qualified homeownership development project; (ii) prior to construction, the director has
1303	1303	1142certified that all or a portion of the project costs are for new construction; and (iii) after the
1304	1304	1143construction of the project has been completed, the director has certified that the project has been
1305	1305	1144completed in compliance with this section and the requirements and conditions of any prior
1306	1306	1145certifications.
1307	1307	1146 "Project development team", the group of entities that develops, constructs, reports,
1308	1308	1147appraises, finances, and services the associated properties of a qualified project in partnership
1309	1309	1148with the project development owner.
1310	1310	1149 “Secretary”, the secretary of the executive office of housing and livable communities,
1311	1311	1150established under chapter 23B.
1312	1312	1151 “Single-Family Dwelling”, (i) a residential property containing not more than 4
1313	1313	1152residential units, or (ii) a condominium unit in a professionally managed condominium
1314	1314	1153development.
1315	1315	1154 ''Sponsor'', a sponsor, as defined in section 25 of chapter 23B, of a qualified
1316	1316	1155homeownership development project or owner of a qualified homeownership development
1317	1317	1156project.
1318	1318	1157 “Taxpayer”, a taxpayer subject to the income tax under this chapter.
1319	1319	1158 (b) (1) There shall be a Massachusetts homeownership tax credit. The director, in
1320	1320	1159consultation with the secretary, may authorize annually under this section together with section 54 of 126
1321	1321	116038NN of chapter 63 the total sum of: (i) $10,000,000 (ii) the amount, if any, not authorized in the
1322	1322	1161preceding calendar year; and (iii) Massachusetts homeownership tax credits returned to the
1323	1323	1162director by a sponsor.
1324	1324	1163 (2) A taxpayer may be allowed a nonrefundable state tax credit with respect to a
1325	1325	1164qualified homeownership development project under this section equal to the credit amount
1326	1326	1165listed on the eligibility certificate pursuant to subsection (d). If the credit allowable for any
1327	1327	1166taxable year is unused by the taxpayer or exceeds the taxpayer's tax liability for that tax year, the
1328	1328	1167taxpayer may carry forward and apply in any subsequent taxable year, the portion, as reduced
1329	1329	1168from year to year, of those credits which exceed the tax for the taxable year; provided, however,
1330	1330	1169that in no event shall the taxpayer apply the credit to the tax for any taxable year beginning after
1331	1331	1170the affordability period.
1332	1332	1171 (3) To be eligible to receive a credit award pursuant to this section, a sponsor shall submit
1333	1333	1172an application to the director on a form and in a manner prescribed by the director, in
1334	1334	1173consultation with the secretary; provided that said application shall include, but not be limited to,
1335	1335	1174the following: (i) the name and address of the sponsor; (ii) the names and addresses of all
1336	1336	1175members of the project development team; (iii) an estimate of the total qualified project
1337	1337	1176expenditures; and (iv) any other information as the director, in consultation with the secretary,
1338	1338	1177may require pursuant to the qualified homeownership credit allocation plan.
1339	1339	1178 (c)(1) The director, in consultation with the secretary, shall competitively evaluate and
1340	1340	1179approve applications and award tax credits under this section for a qualified project in
1341	1341	1180accordance with the qualified homeownership credit allocation plan. The director, in consultation 55 of 126
1342	1342	1181with the secretary, shall determine the credit amount awarded for each qualified project, which
1343	1343	1182shall not exceed the maximum credit amount.
1344	1344	1183 (2) The director shall send written notice of the tax credit award to the sponsor of a
1345	1345	1184qualified homeownership development project. The notice shall stipulate that receipt of the credit
1346	1346	1185is contingent upon the sale of all single-family dwellings that are required to be sold to qualified
1347	1347	1186buyers and issuance of an eligibility certificate.
1348	1348	1187 (d)(1) Upon completion of a qualified homeownership development project for which a
1349	1349	1188tax credit was awarded under this section and the sale of all single-family dwellings that are
1350	1350	1189required to be sold to qualified buyers, the sponsor shall notify the director and provide a final
1351	1351	1190qualified project expenditures certification for approval. Immediately after approving the final
1352	1352	1191cost certification, the director shall compute the credit amount and issue an eligibility certificate
1353	1353	1192to the project development owner. The credit amount, which shall be stated on the certificate,
1354	1354	1193shall equal the credit award amount stated in the notice issued under subsection (c), subject to
1355	1355	1194any reduction or increase as the result of the approval of the final qualified project expenditures
1356	1356	1195certification; provided that such amount shall not exceed the maximum credit amount.
1357	1357	1196 (2) Each eligibility certificate shall state the credit amount, the years that comprise the
1358	1358	1197affordability period, the name, address, and the taxpayer identification number of the sponsor
1359	1359	1198and all members of the project development team along with the date the certificate is issued, a
1360	1360	1199unique identifying number, and any additional information the director, in consultation with the
1361	1361	1200secretary, may require. The director shall certify a copy of each eligibility certificate to the
1362	1362	1201secretary and the commissioner. 56 of 126
1363	1363	1202 (e)(1) The sponsor shall maintain ownership of a qualified homeownership development
1364	1364	1203project and associated single-family dwellings until such dwellings are sold to qualified buyers.
1365	1365	1204 (2) The qualified buyer of a single-family dwelling constructed as part of a qualified
1366	1366	1205homeownership development project for which a tax credit was issued under this section shall
1367	1367	1206occupy such single-family dwelling as the qualified buyer's primary residence during the
1368	1368	1207affordability period. If a single-family dwelling constructed as part of a qualified project is sold
1369	1369	1208during the affordability period, the seller shall transfer to the director an amount equal to 90 per
1370	1370	1209cent of the gain from such resale, reduced by 10 per cent for each year of the affordability period
1371	1371	1210which ends before the date of such sale, subject to such additional criteria as may be established
1372	1372	1211under the qualified homeownership credit allocation plan. The director shall use any amount
1373	1373	1212received pursuant to a repayment under this paragraph for the purpose of providing financial
1374	1374	1213assistance to first-time homebuyers and offsetting the costs of administering this section. The
1375	1375	1214director may place a lien on each single-family dwelling constructed as part of a qualified
1376	1376	1215homeownership development project for an amount it deems necessary to ensure potential
1377	1377	1216repayment pursuant to this paragraph.
1378	1378	1217 (f) (1) all or any portion of tax credits issued in accordance with this section may be
1379	1379	1218transferred, sold or assigned to any individual or entity and the transferee shall be entitled to
1380	1380	1219claim the credits pursuant to paragraph (2) of subsection (b) with the same effect as if the
1381	1381	1220transferee had incurred the qualified project expenditures itself.
1382	1382	1221 (2) A sponsor or transferee desiring to make a transfer, sale or assignment as described in
1383	1383	1222paragraph (1) shall submit to the commissioner a statement which describes the amount of the
1384	1384	1223Massachusetts homeownership tax credit for which such transfer, sale or assignment of the 57 of 126
1385	1385	1224Massachusetts homeownership tax credit is eligible. Said sponsor shall provide to the
1386	1386	1225commissioner appropriate information so that the homeownership tax credit can be properly
1387	1387	1226allocated.
1388	1388	1227 (3) In the event that the recapture of Massachusetts homeownership tax credits is required
1389	1389	1228pursuant to subsection (g), any statement submitted to the commissioner as provided in
1390	1390	1229paragraph (2) shall include the proportion of the Massachusetts homeownership tax credit
1391	1391	1230required to be recaptured, the identity of each transferee subject to recapture and the amount of
1392	1392	1231credit previously transferred to such transferee.
1393	1393	1232 (g) The director, in consultation with the secretary, may request that the commissioner
1394	1394	1233disallow or recapture any portion of a credit if the director determines that a sponsor or the
1395	1395	1234qualified homeownership development project (i) does not qualify for the credit; (ii) ceases to
1396	1396	1235qualify for the credit or (iii) it is determined that the qualified project did not qualify for the
1397	1397	1236credit at the time when such credit was claimed. Notwithstanding the time limitations on
1398	1398	1237assessments pursuant to chapter 62C, the commissioner shall determine the taxpayer or taxpayers
1399	1399	1238that claimed the credit, the tax against which the credit was claimed, and the amount to be
1400	1400	1239recaptured and make an assessment against the taxpayer or taxpayers for the amount to be
1401	1401	1240recaptured under this section.
1402	1402	1241 (h) The director may assess application, processing, and reporting fees to cover the cost
1403	1403	1242of administering this section.
1404	1404	1243 (i) The secretary, in consultation with the commissioner and director, shall adopt any
1405	1405	1244rules and promulgate any regulations necessary to implement this section. 58 of 126
1406	1406	1245 SECTION 23. Section 6O of said chapter 62 of the General Laws, as inserted by section
1407	1407	124622, is hereby amended by striking out paragraph (1) of subsection (b) and inserting in place
1408	1408	1247thereof the following paragraph:-
1409	1409	1248 (1) There shall be a Massachusetts homeownership tax credit. The director, in
1410	1410	1249consultation with the secretary, may authorize annually under this section together with section
1411	1411	125038NN of chapter 63 the total sum of: (i) the amount, if any, not authorized in the preceding
1412	1412	1251calendar year; and (ii) any Massachusetts homeownership tax credits returned to the director by a
1413	1413	1252sponsor.
1414	1414	1253 SECTION 24. Section 38EE of said chapter 63, as so appearing, is hereby amended by
1415	1415	1254striking out, in lines 213 and 214, the words "$12,000,000 in each of taxable years 2023 to 2025,
1416	1416	1255inclusive" and inserting in place thereof the following words:- $15,000,000 in taxable years
1417	1417	1256beginning on or after January 1, 2025.
1418	1418	1257 SECTION 25. Chapter 63 of the General Laws is hereby amended by inserting after
1419	1419	1258section 38N the following section:-
1420	1420	1259 Section 38NN. (a) For the purposes of this section, unless the context clearly requires
1421	1421	1260otherwise, the following words shall have the following meanings:-
1422	1422	1261 “Affordability period”, the ten-year period that commences on the date of the initial sale
1423	1423	1262of a single-family dwelling constructed as part of a qualified project.
1424	1424	1263 “Affordability restriction”, a restriction in form and substance approved by the Director
1425	1425	1264and the Secretary, imposing resale restrictions on a single-family dwelling constructed as part of
1426	1426	1265a qualified homeownership development project during the affordability period. 59 of 126
1427	1427	1266 “Credit amount”, the amount computed by the director under subsection (b) before
1428	1428	1267issuing an eligibility certificate.
1429	1429	1268 “Commissioner”, the commissioner of revenue.
1430	1430	1269 “Credit award amount”, the amount determined by the director and stipulated in the
1431	1431	1270notice sent pursuant to subsection (c).
1432	1432	1271 “Director”, the executive director of the Massachusetts Housing Finance Agency,
1433	1433	1272established pursuant to chapter 708 of the acts of 1966.
1434	1434	1273 “Eligibility certificate”, a certificate issued to a sponsor pursuant to subsection (d).
1435	1435	1274 “Eligible location”, a geography in which qualified projects may be located, based on
1436	1436	1275criteria established in the qualified homeownership allocation plan.
1437	1437	1276 “Homeownership development project”, a multi-unit homeownership development
1438	1438	1277project in which not less than 20 per cent of the units are affordable at the time of initial sale to
1439	1439	1278households having incomes equal to or less than 120 per cent of the area median income.
1440	1440	1279 “Maximum credit amount”, the amount equal to 35% of the lesser of: (i) the total
1441	1441	1280qualified project expenditures or (ii) 80% of the median new home sales price, subject to such
1442	1442	1281further limitations as may be established under the qualified homeownership credit allocation
1443	1443	1282plan.
1444	1444	1283 “Qualified buyer”, an individual that is a first-time homebuyer with an annual income not
1445	1445	1284exceeding 120% of the area median income, as determined by the United States Department of
1446	1446	1285Housing and Urban Development, for the location in which the single-family dwelling being 60 of 126
1447	1447	1286purchased is located, and that satisfies any additional qualifications established by the director
1448	1448	1287under the qualified homeownership credit allocation plan.
1449	1449	1288 “Qualified homeownership credit allocation plan”, a plan adopted by the director with the
1450	1450	1289approval of the secretary, establishing (i) criteria and metrics under which homeownership
1451	1451	1290development projects will be assessed for qualification and the geographies in which qualified
1452	1452	1291projects may be located; (ii) criteria for approving and ranking applications for credits; (iii)
1453	1453	1292methodology to determine applicable median new homes sales prices for the area in which the
1454	1454	1293project is located; (iv) mechanisms to maintain affordability of each single-family dwelling
1455	1455	1294created as part of a qualified homeownership development project, throughout the affordability
1456	1456	1295period; (v) criteria to be used in determining qualification as a qualified buyer; (vi) the criteria
1457	1457	1296governing the purchase, ownership and sale of completed qualified homeownership development
1458	1458	1297project single-family dwellings; and (vii) the manner of determining qualified project
1459	1459	1298expenditures.
1460	1460	1299 “Qualified homeownership development project”, a homeownership development project
1461	1461	1300to develop single-family dwellings in the commonwealth that satisfies any qualifications
1462	1462	1301established by the director with the approval of the secretary in the qualified homeownership
1463	1463	1302credit allocation plan; provided, however, that the proposed project: (i) involves the new
1464	1464	1303construction of 10 or more residential homeownership units; (ii) is located in an eligible location;
1465	1465	1304and (iii) units shall be sold to qualified buyers, subject to an affordability restriction in
1466	1466	1305accordance with the qualified homeownership credit allocation plan.
1467	1467	1306 “Qualified project expenditure”, an expenditure directly related to the construction of a
1468	1468	1307qualified homeownership development project, including the cost of site assessment and 61 of 126
1469	1469	1308remediation of hazardous materials, but excluding the purchase of the project, provided,
1470	1470	1309however, that: (i) the department has certified that the proposed project meets the definition of
1471	1471	1310qualified homeownership development project; (ii) prior to construction, the director has
1472	1472	1311certified that all or a portion of the project costs are for new construction; and (iii) after the
1473	1473	1312construction of the project has been completed, the director has certified that the project has been
1474	1474	1313completed in compliance with this section and the requirements and conditions of any prior
1475	1475	1314certifications.
1476	1476	1315 “Project development team”, the group of entities that develops, constructs, reports,
1477	1477	1316appraises, finances, and services the associated properties of a qualified project in partnership
1478	1478	1317with the project development owner.
1479	1479	1318 “Secretary”, the Secretary of the Executive Office of Housing and Livable Communities,
1480	1480	1319established pursuant to chapter 23B.
1481	1481	1320 “Single-Family Dwelling”, (i) a residential property containing not more than 4
1482	1482	1321residential units, or (ii) a condominium unit in a professionally managed condominium
1483	1483	1322development.
1484	1484	1323 “Sponsor”', a sponsor, as defined in section 25 of chapter 23B, of a qualified
1485	1485	1324homeownership development project or owner of a qualified homeownership development
1486	1486	1325project.
1487	1487	1326 “Taxpayer”, a taxpayer subject to the income tax under this chapter.
1488	1488	1327 (b) (1) There shall be a Massachusetts homeownership tax credit. The director, in
1489	1489	1328consultation with the secretary, may authorize annually under this section together with section 62 of 126
1490	1490	13296O of chapter 62 the total sum of: (i) $10,000,000 (ii) the amount, if any, not authorized in the
1491	1491	1330preceding calendar year; and (iii) Massachusetts homeownership tax credits returned to the
1492	1492	1331director by a sponsor.
1493	1493	1332 (2) A taxpayer may be allowed a nonrefundable state tax credit with respect to a qualified
1494	1494	1333homeownership development project under this section equal to the credit amount listed on the
1495	1495	1334eligibility certificate pursuant to subsection (d). If the credit allowable for any taxable year is
1496	1496	1335unused by the taxpayer or exceeds the taxpayer's tax liability for that tax year, the taxpayer may
1497	1497	1336carry forward and apply in any subsequent taxable year, the portion, as reduced from year to
1498	1498	1337year, of those credits which exceed the tax for the taxable year; provided, however, that in no
1499	1499	1338event shall the taxpayer apply the credit to the tax for any taxable year beginning after the
1500	1500	1339affordability period.
1501	1501	1340 (3) To be eligible to receive a credit award pursuant to this section, a sponsor shall submit
1502	1502	1341an application to the director pursuant to this section and on a form and in a manner prescribed
1503	1503	1342by the director, in consultation with the secretary; provided that said application shall include,
1504	1504	1343but not be limited to, the following: (i) the name and address of the sponsor; (ii) the names and
1505	1505	1344addresses of all members of the project development team; (iii) an estimate of the total qualified
1506	1506	1345project expenditures; and (iv) any other information as the director, in consultation with the
1507	1507	1346secretary, may require pursuant to the qualified homeownership credit allocation plan.
1508	1508	1347 (c)(1) The director, in consultation with the secretary, shall competitively evaluate and
1509	1509	1348approve applications and award tax credits under this section for a qualified project in
1510	1510	1349accordance with the qualified homeownership credit allocation plan. The director, in consultation 63 of 126
1511	1511	1350with the secretary, shall determine the credit amount awarded for each qualified project, which
1512	1512	1351shall not exceed the maximum credit amount.
1513	1513	1352 (2) The director shall send written notice of the tax credit award to the sponsor of a
1514	1514	1353qualified homeownership development project. The notice shall stipulate that receipt of the credit
1515	1515	1354is contingent upon the sale of all single-family dwellings that are required to be sold to qualified
1516	1516	1355buyers and issuance of an eligibility certificate.
1517	1517	1356 (d)(1) Upon completion of a qualified homeownership development project for which a
1518	1518	1357tax credit was awarded under this section and the sale of all single-family dwellings that are
1519	1519	1358required to be sold to qualified buyers, the sponsor shall notify the director and provide a final
1520	1520	1359qualified project expenditures certification for approval. Immediately after approving the final
1521	1521	1360cost certification, the director shall compute the credit amount and issue an eligibility certificate
1522	1522	1361to the project development owner. The credit amount, which shall be stated on the certificate,
1523	1523	1362shall equal the credit award amount stated in the notice issued under subsection (c), subject to
1524	1524	1363any reduction or increase as the result of the approval of the final qualified project expenditures
1525	1525	1364certification; provided that such amount shall not exceed the maximum credit amount.
1526	1526	1365 (2) Each eligibility certificate shall state the credit amount, the years that comprise the
1527	1527	1366affordability period, the name, address, and the taxpayer identification number of the sponsor
1528	1528	1367and all members of the project development team along with the date the certificate is issued, a
1529	1529	1368unique identifying number, and any additional information the director, in consultation with the
1530	1530	1369secretary, may require. The director shall certify a copy of each eligibility certificate to the
1531	1531	1370secretary and the commissioner. 64 of 126
1532	1532	1371 (e)(1) The sponsor shall maintain ownership of a qualified homeownership development
1533	1533	1372project and associated single-family dwellings until such dwellings are sold to qualified buyers.
1534	1534	1373 (2) The qualified buyer of a single-family dwelling constructed as part of a qualified
1535	1535	1374homeownership development project for which a tax credit was issued under this section shall
1536	1536	1375occupy such single-family dwelling as the qualified buyer's primary residence during the
1537	1537	1376affordability period. If a single-family dwelling constructed as part of a qualified project is sold
1538	1538	1377during the affordability period, the seller shall transfer to the director an amount equal to 90
1539	1539	1378percent of the gain from such resale, reduced by 10 percent for each year of the affordability
1540	1540	1379period which ends before the date of such sale, subject to such additional criteria as may be
1541	1541	1380established under the qualified homeownership credit allocation plan. The director shall use any
1542	1542	1381amount received pursuant to a repayment under this paragraph for the purposes of providing
1543	1543	1382financial assistance to first-time homebuyers and offsetting the costs of administering this
1544	1544	1383section. The director may place a lien on each single-family dwelling constructed as part of a
1545	1545	1384qualified homeownership development project for an amount it deems necessary to ensure
1546	1546	1385potential repayment pursuant to this paragraph.
1547	1547	1386 (f) (1) all or any portion of tax credits issued in accordance with the provisions of this
1548	1548	1387section may be transferred, sold or assigned to any individual or entity and the transferee shall be
1549	1549	1388entitled to claim the credits pursuant to paragraph (2) of subsection (b) with the same effect as if
1550	1550	1389the transferee had incurred the qualified project expenditures itself.
1551	1551	1390 (2) A sponsor or transferee desiring to make a transfer, sale or assignment as described in
1552	1552	1391paragraph (1) shall submit to the commissioner a statement which describes the amount of
1553	1553	1392Massachusetts homeownership tax credit for which such transfer, sale or assignment of 65 of 126
1554	1554	1393Massachusetts homeownership tax credit is eligible. Said sponsor shall provide to the
1555	1555	1394commissioner appropriate information so that the homeownership tax credit can be properly
1556	1556	1395allocated.
1557	1557	1396 (3) In the event that recapture of Massachusetts homeownership tax credits is required
1558	1558	1397pursuant to subsection (g), any statement submitted to the commissioner as provided in
1559	1559	1398paragraph (2) shall include the proportion of the Massachusetts homeownership tax credit
1560	1560	1399required to be recaptured, the identity of each transferee subject to recapture and the amount of
1561	1561	1400credit previously transferred to such transferee.
1562	1562	1401 (g) The director, in consultation with the secretary, may request that the commissioner
1563	1563	1402disallow or recapture any portion of a credit if the director determines that a sponsor or the
1564	1564	1403qualified homeownership development project: (i) does not qualify for the credit; (ii) ceases to
1565	1565	1404qualify for the credit or (iii) it is determined that the qualified project did not qualify for the
1566	1566	1405credit at the time when such credit was claimed. Notwithstanding the time limitations on
1567	1567	1406assessments pursuant to chapter 62C, the commissioner shall determine the taxpayer or taxpayers
1568	1568	1407that claimed the credit, the tax against which the credit was claimed, and the amount to be
1569	1569	1408recaptured and make an assessment against the taxpayer or taxpayers for the amount to be
1570	1570	1409recaptured under this section.
1571	1571	1410 (h) The director may assess application, processing, and reporting fees to cover the cost
1572	1572	1411of administering this section.
1573	1573	1412 (i) The secretary, in consultation with the commissioner and director, shall adopt any
1574	1574	1413rules and promulgate any regulations necessary to implement this section. 66 of 126
1575	1575	1414 SECTION 26. Section 38NN of chapter 63, as inserted by section 25, is hereby amended
1576	1576	1415by striking out paragraph (1) of subsection (b) and inserting the following paragraph:
1577	1577	1416 (1) There shall be a Massachusetts homeownership tax credit. The director, in
1578	1578	1417consultation with the secretary, may authorize annually under this section together with section
1579	1579	14186O of chapter 62 the total sum of: (i) the amount, if any, not authorized in the preceding calendar
1580	1580	1419year; and (ii) any Massachusetts homeownership tax credits returned to the director by a sponsor.
1581	1581	1420 SECTION 27. Section 52 of chapter 93 of the General Laws, as appearing in the 2022
1582	1582	1421Official Edition, is hereby amended, in subsection (a), by inserting at the end thereof the
1583	1583	1422following clause:- (7) eviction records sealed pursuant to section 15 of chapter 239.
1584	1584	1423 SECTION 28. Section 127I of chapter 111 of the General Laws, as appearing in the 2022
1585	1585	1424Official Edition, is hereby amended by adding the following paragraph:-
1586	1586	1425 Following appointment of a receiver for a vacant residential property, the court, upon
1587	1587	1426motion by the receiver with notice to the owner, mortgagee, and all interested parties, may allow
1588	1588	1427for the sale of the property to a nonprofit entity for fair market value in its then current condition.
1589	1589	1428Any such sale shall be conditioned upon the court finding that the nonprofit will correct all
1590	1590	1429outstanding state sanitary code violations and rehabilitate the property for sale to a first-time
1591	1591	1430homebuyer whose income is not more than 120 per cent of area median income as determined by
1592	1592	1431the United States Department of Housing and Urban Development, provided that such nonprofit
1593	1593	1432entity shall demonstrate to the court adequate expertise and resources necessary to rehabilitate
1594	1594	1433the property and correct outstanding state sanitary code violations. Any such motion filed by a
1595	1595	1434receiver under this paragraph shall be heard by the court not less than 30 days following the
1596	1596	1435filing date, during which period the owner, mortgagee, and any other interested parties may join 67 of 126
1597	1597	1436a motion for leave to correct all outstanding state sanitary code violations at the property. Upon a
1598	1598	1437finding by the court that the owner, mortgagee, or other interested party has the intention and
1599	1599	1438ability to correct all outstanding state sanitary code violations, the court shall stay the hearing on
1600	1600	1439the receiver’s motion for a reasonable period of time to allow the owner, mortgagee, or other
1601	1601	1440interested party to correct such outstanding sanitary code violations.
1602	1602	1441 SECTION 29. Chapter 121B of the General Laws, as appearing in the 2022 Official
1603	1603	1442Edition, is hereby amended by striking out section 3A and inserting in place thereof the
1604	1604	1443following section:-
1605	1605	1444 Section 3A. (a) Any number of cities or towns may, with the approval of their respective
1606	1606	1445municipal officers and of the department, create or disband by a contract subject to the approval
1607	1607	1446of the department a regional housing authority, with all of the powers and obligations of the
1608	1608	1447constituent authorities, to act in the place of the several housing authorities, if any, theretofore
1609	1609	1448existing. Such contract shall set forth the rights, powers and obligations of the regional housing
1610	1610	1449authority within the several cities or towns in which it is to operate. Any unresolved dispute
1611	1611	1450which may arise as to the rights, powers or obligations conferred by such contract shall be
1612	1612	1451referred to the department for resolution.
1613	1613	1452 (b) Notwithstanding the foregoing, or any general or special law to the contrary, 2 or
1614	1614	1453more local housing authorities may, with the approval of their respective boards and of the
1615	1615	1454department, merge to create a regional housing authority, with all the powers and obligations of
1616	1616	1455the constituent authorities theretofore existing. Such creation of a regional housing authority by
1617	1617	1456merger of two or more local housing authorities shall not require the use of special legislation
1618	1618	1457pursuant to chapter 268A of the General Laws. The department shall issue guidelines for 68 of 126
1619	1619	1458approving mergers of two or more local housing authorities pursuant to this subsection (b). Such
1620	1620	1459guidelines shall include, but not be limited to, provisions for approving board structures of
1621	1621	1460regional housing authorities created pursuant to this subsection and provisions for the creation
1622	1622	1461and operation of a regional local preference to apply to residents of the cities or towns in which a
1623	1623	1462regional housing authority created pursuant to this subsection is to operate.
1624	1624	1463 SECTION 30. Section 11 of said chapter 121B, as so appearing, is hereby amended by
1625	1625	1464adding the following paragraph:-
1626	1626	1465 (p) Notwithstanding any general or special law to the contrary, a housing authority, with
1627	1627	1466the approval of the department, in consultation with the Executive Office for Administration and
1628	1628	1467Finance, may secure indebtedness incurred for the preservation, modernization and maintenance
1629	1629	1468of 1 or more of its low rent housing developments assisted under section 32 or section 34 by a
1630	1630	1469pledge of a portion of capital funds awarded to it for improvements to be carried out pursuant to
1631	1631	1470a department-approved capital improvement plan in accordance with department regulations
1632	1632	1471governing capital projects. The department, in consultation with said executive office, shall
1633	1633	1472promulgate regulations that establish limitations on the percentage of awarded capital funds that
1634	1634	1473may be pledged to secure indebtedness, describe permitted terms for borrowing and repayment
1635	1635	1474and establish criteria for housing authorities that will be permitted to incur indebtedness secured
1636	1636	1475by a pledge of capital funds. Any pledge of future year capital funds pursuant to this section is
1637	1637	1476subject to the availability of funds under the department’s capital spending plan as approved by
1638	1638	1477the governor for that year. All financing documents related to future year capital fund amounts
1639	1639	1478shall include a statement that the credit of the commonwealth is not pledged and that the
1640	1640	1479pledging of funds is subject to the availability of funds under the department’s capital spending
1641	1641	1480plan as approved by the governor. 69 of 126
1642	1642	1481 SECTION 31. Subsection (a) of section 26C of said chapter 121B, as amended by section
1643	1643	1482256 of chapter 7 of the acts of 2023, is hereby further amended by striking out, in lines 19 to 21,
1644	1644	1483inclusive, the words “provided, however, that the capital assistance team shall provide services to
1645	1645	1484the housing authority without requiring payment for the services by the housing authority” and
1646	1646	1485inserting in place thereof the following words:- provided, however, that the capital assistance
1647	1647	1486team shall provide services to a housing authority with 500 or fewer state-aided units without
1648	1648	1487requiring payment for the services by such housing authority; and provided further, that the
1649	1649	1488capital assistance team may require payment for services provided to a housing authority with
1650	1650	1489more than 500 state-aided units and for additional services not covered by this section and
1651	1651	1490approved by the department.
1652	1652	1491 SECTION 32. Said section 26C of said chapter 121B, as so amended, is hereby further
1653	1653	1492amended by striking out subsection (e) and inserting in place thereof the following subsection:-
1654	1654	1493 (e) There shall be a capital assistance advisory board consisting of 7 members. Each of
1655	1655	1494the 3 capital assistance teams shall appoint 2 members to the advisory board; and the department
1656	1656	1495shall appoint 1 member, who shall have at least 5 years of experience as the manager of not less
1657	1657	1496than 200 units of privately owned housing. The department shall limit eligibility for appointment
1658	1658	1497to members of participating housing authorities in the region. The advisory board shall meet on
1659	1659	1498an annual basis with the capital assistance team directors, host housing authority directors and
1660	1660	1499the secretary of the executive office of housing and livable communities or a designee and shall
1661	1661	1500discuss issues of program performance and coordination.
1662	1662	1501 SECTION 33. Section 29 of said chapter 121B of the General Laws, as amended by
1663	1663	1502section 127 of chapter 268 of the acts of 2022, is hereby further amended by striking out the first 70 of 126
1664	1664	1503sentence and inserting in place thereof the following sentence:- The members of a housing
1665	1665	1504authority shall biennially, or more frequently as required by the department and at a time to be
1666	1666	1505determined by said department, file with said department a written report for its preceding fiscal
1667	1667	1506years since its last previously filed written report.
1668	1668	1507 SECTION 34. The first paragraph of said section 29 of said chapter 121B, as so
1669	1669	1508amended, is hereby further amended by adding the following sentence:- Notwithstanding the
1670	1670	1509foregoing, nothing in this section shall exempt a housing authority from submitting an annual
1671	1671	1510plan pursuant to section 28A and this section.
1672	1672	1511 SECTION 35. Section 34 of said chapter 121B, as amended by section 130 of chapter
1673	1673	1512268 of the acts of 2022, is hereby amended by striking out the fourteenth paragraph, as inserted
1674	1674	1513by section 130 of chapter 268 of the acts of 2022, and inserting in place thereof the following
1675	1675	1514paragraph:-
1676	1676	1515 Notwithstanding any general or special law to the contrary, (a) construction and
1677	1677	1516development activity related to development or redevelopment of state-aided or federally-aided
1678	1678	1517public housing projects or where the land, buildings or structures associated with such housing
1679	1679	1518project will be or have been conveyed or transferred to an affiliated non-profit or private entity
1680	1680	1519for purposes of completing the development or redevelopment, or (b) construction and
1681	1681	1520development activity related to other housing development by a housing authority or affiliate on
1682	1682	1521land owned by the housing authority shall not be subject to any general or special law related to
1683	1683	1522the procurement and award of contracts for the planning, design, construction management,
1684	1684	1523construction, reconstruction, installation, demolition, maintenance or repair of buildings by a
1685	1685	1524public agency provided, however, that the department shall review and approve the procurement 71 of 126
1686	1686	1525processes used to undertake this development or redevelopment in accordance with subsection
1687	1687	1526(q) of section 26; and provided further, that all construction, reconstruction, alteration,
1688	1688	1527installation, demolition, maintenance or repair shall be subject to sections 26 to 27F, inclusive
1689	1689	1528and as applicable, and section 29 of chapter 149. A project involving the development or
1690	1690	1529redevelopment of a state-aided or federally-aided public housing project procured prior to a
1691	1691	1530conveyance or transfer to an affiliated non-profit or private entity shall not proceed with
1692	1692	1531construction unless and until the conveyance or transfer to the affiliated non-profit or private
1693	1693	1532entity has occurred. The housing authority shall request rates and updates from the division of
1694	1694	1533labor standards for these projects. Nothing herein contained shall, by itself, subject a privately-
1695	1695	1534owned and developed project on land formerly owned by a housing authority to sections 26 to
1696	1696	153527F, inclusive or section 29 of chapter 149.
1697	1697	1536 SECTION 36. Said section 34 of said chapter 121B, as so amended, is hereby further
1698	1698	1537amended by adding the following paragraph:-
1699	1699	1538 Notwithstanding any general or special law to the contrary, the tenants of a state-aided or
1700	1700	1539federally-aided public housing project transferred or conveyed pursuant to the fourteenth
1701	1701	1540paragraph of this section shall maintain rights pursuant to the provisions of the federal, state, and
1702	1702	1541local subsidy programs originally applicable to the project including tenant contribution, lease
1703	1703	1542terms, eviction, right to return, grievance, resident participation, preference in hiring, and privacy
1704	1704	1543rights, except as may be required to secure financing necessary for the feasibility of the project,
1705	1705	1544or to meet associated programmatic eligibility requirements after notice to affected tenants with
1706	1706	1545an opportunity to comment. The redevelopment of such project shall not be the basis for
1707	1707	1546termination or reduction of assistance or eviction of any tenant, and no existing tenant shall be
1708	1708	1547considered a new admission for any purpose, including compliance with any income targeting 72 of 126
1709	1709	1548requirements. Any such project shall have at least the same number of low rent housing units as
1710	1710	1549the number of low rent housing units in the existing project. The requirements under this
1711	1711	1550paragraph shall be implemented through contracts, use agreements, regulations or other means,
1712	1712	1551as determined by the executive office of housing and livable communities, provided that such
1713	1713	1552contracts, use agreements, regulations or other means shall delineate: (i) the roles of the housing
1714	1714	1553authority and other agencies in monitoring and enforcing compliance, including tracking
1715	1715	1554temporary and permanent displacement; (ii) how the housing authority will rehouse tenants so
1716	1716	1555there is no displacement from affordable housing programs operated by the housing authority
1717	1717	1556and (iii) how tenants will be provided with technical assistance to facilitate meaningful input
1718	1718	1557related to the redevelopment of the proposed project. The benefits of any such contracts, use
1719	1719	1558agreements, regulations or other means shall inure to any tenant who occupied a unit within the
1720	1720	1559project at the time of the transfer or conveyance of the project. Protections relating to tenant
1721	1721	1560contribution, lease terms, eviction, grievance, resident participation, preference in hiring, and
1722	1722	1561privacy rights, except as may be required to secure financing necessary for the feasibility of the
1723	1723	1562project, or to meet associated programmatic eligibility requirements, shall inure to both present
1724	1724	1563or future tenants or applicants of the project, who shall have the right to enforce the same as
1725	1725	1564third-party beneficiaries. Nothing in this section is intended to create a separate or new
1726	1726	1565administrative process of appeal or review for any grievance governed by the lease of any tenant.
1727	1727	1566Tenants shall have an opportunity for comment on a project proposed under paragraph fourteen
1728	1728	1567and an opportunity for public comment to be organized by the owners, controlled entities,
1729	1729	1568designated private entities, or public housing authorities responsible for such projects with
1730	1730	1569adequate notice. 73 of 126
1731	1731	1570 SECTION 37. Subsection (b) of section 3 of chapter 121E of the General Laws, as
1732	1732	1571appearing in the 2022 Official Edition, is hereby amended by striking out clause (3) and inserting
1733	1733	1572in place thereof the following clause:-
1734	1734	1573 (3) issued only if a contract or agreement for the use of the property for housing purposes
1735	1735	1574provides for the recording of a restriction in the registry of deeds or the registry district of the
1736	1736	1575land court in the county in which the affected real property is located, for the benefit of the
1737	1737	1576department, running with the land, that the land be used for providing alternative forms of rental
1738	1738	1577and ownership housing; provided further, that the property shall not be released from the
1739	1739	1578restriction until: (i) the balance of the principal and interest for the loan shall be repaid in full;
1740	1740	1579(ii) a mortgage foreclosure deed shall be recorded; or (iii) there has been a disposition of the
1741	1741	1580property, provided that the department of housing and community development determines that
1742	1742	1581relevant clients will be better served at an alternative property and the proceeds from the
1743	1743	1582disposition of the property will be used, to the extent necessary for replacement of the housing at
1744	1744	1583the property, for one or more of the following purposes: (A) to acquire such alternative property
1745	1745	1584and (B) to rehabilitate such alternative property;
1746	1746	1585 SECTION 38. Said subsection (b) of said section 3 of said chapter 121E, as so appearing,
1747	1747	1586is hereby further amended by striking out, in clause (4) the words “provided that the project
1748	1748	1587continues to remain affordable housing as set forth in the contract or agreement entered into for
1749	1749	1588the duration of the project by the department” and inserting in place thereof the following
1750	1750	1589words:- provided that the project, whether at the original property, or at an alternative property
1751	1751	1590pursuant to clause (3) of this item, continues to remain affordable housing as set forth in the
1752	1752	1591contract or agreement entered into for the duration of the project by the department 74 of 126
1753	1753	1592 SECTION 39. Section 2 of chapter 121F of the General Laws, as appearing in the 2022
1754	1754	1593Official Edition, is hereby amended by striking out subsection (a) and inserting in place thereof
1755	1755	1594the following subsection:-
1756	1756	1595 (a) There shall be within the department a separate fund to be known as the Housing
1757	1757	1596Stabilization and Investment Trust Fund. The department shall administer the fund and shall
1758	1758	1597ensure that funds are distributed among urban, suburban and rural areas with a particular
1759	1759	1598emphasis on development of alternative forms of housing and on local and regional needs. Such
1760	1760	1599funds shall be used for the purpose of undertaking projects to develop and support affordable
1761	1761	1600housing developments and homeownership affordability, through the acquisition, preservation,
1762	1762	1601new construction and rehabilitation of affordable housing, including without limitation the
1763	1763	1602preservation and improvement of existing privately-owned, state or federally-assisted housing.
1764	1764	1603The program may include assistance for projects to stabilize and promote reinvestment in cities
1765	1765	1604and towns including, but not limited to, preserving and improving existing privately-owned, state
1766	1766	1605or federally-assisted housing and any other techniques necessary to achieve reinvestment;
1767	1767	1606provided, further, that funds from this item may be expended for the purpose of energy audits
1768	1768	1607and housing modifications to achieve energy efficiency and conservation. The program also may
1769	1769	1608include assistance for housing where the expiration of federal or state low-income housing tax
1770	1770	1609credits or other federal or state subsidies would lead or has led to the termination of a use
1771	1771	1610agreement for low-income housing or in which a project-based rental assistance contract is
1772	1772	1611expiring or has expired. The fund shall be an expendable trust fund and shall not be subject to
1773	1773	1612appropriation.
1774	1774	1613 SECTION 40. Said section 2 of said chapter 121F, as so appearing, is hereby further
1775	1775	1614amended by striking out, in line 28 the words “nonprofit or for-profit organizations” and 75 of 126
1776	1776	1615inserting in place thereof the following words:- eligible entities pursuant to subsection (a) of
1777	1777	1616section 3”.
1778	1778	1617 SECTION 41. Said section 2 of said chapter 121F, as so appearing, is hereby further
1779	1779	1618amended by striking out, in lines 35 to 38, inclusive, the words “or the Community Economic
1780	1780	1619Development Assistance Corporation established in chapter 40H to provide assistance from the
1781	1781	1620fund for projects owned or sponsored by nonprofit organizations” and inserting in place thereof
1782	1782	1621the following words:- to provide assistance from the fund.
1783	1783	1622 SECTION 42. Section 3 of said chapter 121F, as so appearing, is hereby amended by
1784	1784	1623striking out subsections (a) and (b) and inserting in place thereof the following 2 subsections:-
1785	1785	1624 (a) The fund shall finance low and no interest loans, grants, subsidies, credit
1786	1786	1625enhancements and other financial assistance for rental and ownership housing; provided,
1787	1787	1626however, that assistance shall be the minimum amount necessary to make a project feasible;
1788	1788	1627provided further, that loans, grants, subsidies, credit enhancements and other financial assistance
1789	1789	1628pursuant to this chapter may be provided to qualified for-profit or non-profit developers,
1790	1790	1629community development corporations, local housing authorities, community action agencies,
1791	1791	1630community-based or neighborhood-based non-profit housing organizations, other non-profit
1792	1792	1631organizations and for-profit entities, and governmental bodies; and provided further, that
1793	1793	1632recipients may enter into subcontracts to administer the contracts with other for-profit or
1794	1794	1633nonprofit organizations; provided further, that loans, grants, subsidies, credit enhancements and
1795	1795	1634other financial assistance pursuant to this chapter may be provided for the acquisition of
1796	1796	1635property to provide or preserve affordable housing; provided, however, that the loan program
1797	1797	1636may be administered by the department through contracts with the Massachusetts Housing 76 of 126
1798	1798	1637Partnership Fund established in section 35 of chapter 405 of the acts of 1985; provided further,
1799	1799	1638that the program may include acquisition, financing and other holding costs, interim management
1800	1800	1639costs and operating costs and may also be used by the Massachusetts Housing Partnership Fund
1801	1801	1640to secure, collateralize or reserve against other financing obtained by the Massachusetts Housing
1802	1802	1641Partnership Fund to support those costs; provided further, that not less than 75 per cent of the
1803	1803	1642beneficiaries of the housing shall be persons whose income is not more than 60 per cent of the
1804	1804	1643area median income and not less than 13 per cent of the beneficiaries of the housing shall be
1805	1805	1644persons whose income is not more than 30 per cent of that area median income.
1806	1806	1645 (b) Activities eligible for assistance from the fund shall include, but not be limited to: (1)
1807	1807	1646projects to develop and support affordable housing developments and homeownership
1808	1808	1647affordability, through the acquisition, preservation, new construction and rehabilitation of
1809	1809	1648affordable housing; (2) the preservation of affordable housing developments which are or were
1810	1810	1649subject to prepayment or payment of a state or federally-assisted mortgage or which are
1811	1811	1650receiving project-based rental assistance under section 8 of the United States Housing Act of
1812	1812	16511937, 42 U.S.C. section 1437f, and the rental assistance is expiring or which have received other
1813	1813	1652project-based federal or state subsidies which are terminating or have terminated; provided,
1814	1814	1653however, that property eligible for assistance shall include housing where the prepayment or
1815	1815	1654payment of a state or federally-assisted mortgage or the expiration of federal low income housing
1816	1816	1655tax credits or other federal or state subsidies would lead or has led to the termination of a use
1817	1817	1656agreement for low income housing or in which a project-based rental assistance contract is
1818	1818	1657expiring or has expired; provided however, a property eligible for assistance that has been
1819	1819	1658acquired for the purpose of preserving or improving the property shall not lose eligibility due to
1820	1820	1659actions by the purchaser to renew or extend state or federal contracts or subsidies; provided 77 of 126
1821	1821	1660further, that the department, in consultation with nonprofit organizations, the Community
1822	1822	1661Economic Development Assistance Corporation, the Massachusetts Housing Finance Agency
1823	1823	1662and the Massachusetts Housing Partnership Fund shall identify those projects at greatest risk of
1824	1824	1663prepayment, payment, termination of subsidies and use restrictions, or nonrenewal of rental
1825	1825	1664assistance; provided further, that funding priority shall be based on at-risk criteria to be
1826	1826	1665determined by the department and set forth in regulations promulgated by the department;
1827	1827	1666 SECTION 43. Said section 3 of said chapter 121F, as so appearing, is hereby further
1828	1828	1667amended by striking out subsection (d) and inserting in place thereof the following subsection:-
1829	1829	1668 (d) Prior to providing assistance, the department shall find that: (1) the housing would
1830	1830	1669not, by private enterprise alone and without government assistance, be available to lower income
1831	1831	1670families and individuals; (2) the amount of assistance appears to be the minimum amount
1832	1832	1671necessary to make the housing development feasible; (3) with respect to rental housing, the
1833	1833	1672operations of the owner and its articles of organization and by-laws and any changes to either
1834	1834	1673shall be subject to regulation by the department; and (4) the housing shall remain affordable for
1835	1835	1674its useful life as determined by the department.
1836	1836	1675 SECTION 44. Section 5 of said chapter 121F, as so appearing, is hereby amended by
1837	1837	1676striking out, in lines 2 to 5, inclusive, the words “including, but not limited to, regulations
1838	1838	1677relative to grants to cities and towns for the demolition of certain vacant and abandoned
1839	1839	1678buildings and procedures for neighborhood revitalization plans”.
1840	1840	1679 SECTION 45. The General Laws are hereby amended by inserting after chapter 121G the
1841	1841	1680following chapter:- 78 of 126
1842	1842	1681 CHAPTER 121H
1843	1843	1682 SUPPORTIVE HOUSING POOL FUND
1844	1844
1845	1845	1683 Section 1. As used in this chapter the following words shall, unless the context clearly
1846	1846	1684requires otherwise, have the following meanings:--
1847	1847	1685 “Executive Office”, the executive office of housing and livable communities.
1848	1848	1686 “Fund”, The Supportive Housing Pool Fund established in section 2.
1849	1849	1687 “Permanent supportive housing”, rental housing that includes supportive services for
1850	1850	1688individuals and families who may be homeless or chronically homeless, individuals and families
1851	1851	1689with behavioral health needs or substance addiction needs, survivors of domestic violence,
1852	1852	1690survivors of human trafficking, survivors of sexual violence, individuals and families at risk of
1853	1853	1691entering or transitioning out of the foster care system, youth and young adults, seniors and
1854	1854	1692veterans, or other similar need as determined by the executive office.
1855	1855	1693 Section 2. (a) There shall be a Supportive Housing Pool Fund to support the production
1856	1856	1694of permanent supportive housing.
1857	1857	1695 (b) The fund shall be administered by the executive office directly or through contracts
1858	1858	1696with 1 or more of the following: (i) the Community Economic Development Assistance
1859	1859	1697Corporation, established in chapter 40H of the General Laws; (ii) the Massachusetts Housing
1860	1860	1698Partnership Fund, established in section 35 of chapter 405 of the acts of 1985; (iii) the
1861	1861	1699Massachusetts Housing Finance Agency, established in chapter 708 of the acts of 1966; provided
1862	1862	1700that an administrating agency may directly offer financial assistance for the purposes set forth
1863	1863	1701herein or may enter into subcontracts with non-profit organizations, established pursuant to 79 of 126
1864	1864	1702chapter 180 of the General Laws for those purposes; provided further, that the administering
1865	1865	1703agency may establish additional program requirements through regulations or policy guidelines.
1866	1866	1704 (c) There shall be credited to the fund, revenue from appropriations or other money
1867	1867	1705authorized by the general court and specifically designated for the fund and any gifts, grants,
1868	1868	1706private contributions, repayment of loans, fees and charges imposed relative to the making of
1869	1869	1707loans, grants, subsidies, credit enhancements and other financial assistance, investment income
1870	1870	1708earned on the fund's assets and any other sources. Money remaining in the fund at the end of a
1871	1871	1709fiscal year shall not revert to the General Fund.
1872	1872	1710 Section 3. Funds expended pursuant to this chapter shall be in the form of grants, loans or
1873	1873	1711other financial assistance to projects and organizations that will provide stable housing options
1874	1874	1712and supportive services to residents of permanent supportive housing, which may include, but
1875	1875	1713not be limited to, staffing, case management, service coordination, or other tenancy-related
1876	1876	1714services provided by a project sponsor or through a third-party, or other services or activities that
1877	1877	1715the executive office has determined are essential to the day-to-day operation of permanent
1878	1878	1716supportive housing.
1879	1879	1717 Section 4. The executive office may promulgate regulations for the implementation,
1880	1880	1718administration and enforcement of this chapter and may, in consultation with the executive office
1881	1881	1719of health and human services, the executive office of elder affairs, the department of children and
1882	1882	1720families, and the office of victim assistance, issue guidelines for the fund.
1883	1883	1721 SECTION 46. Section 5 of chapter 161A of the General Laws, as most recently amended
1884	1884	1722by chapter 7 of the acts of 2023, is hereby further amended by inserting, after the words
1885	1885	1723“paragraph (o)”, the following words:- Any agreement related to any concession or lease of 80 of 126
1886	1886	1724property may require that the developer construct, design, build, finance, operate, and maintain,
1887	1887	1725or any combination thereof, mass transportation facilities or any related facility or component
1888	1888	1726thereof for the authority, so long as the authority shall state in its bid documentation that such
1889	1889	1727mass transportation facilities or related facility or component thereof will be accepted or required
1890	1890	1728as a part of any such agreement. No further procurement or advertising requirements shall be
1891	1891	1729required by the Authority, except as required by subsection (b) and this subsection.
1892	1892	1730 SECTION 47. Chapter 239 of the General Laws is hereby amended by adding the
1893	1893	1731following section:-
1894	1894	1732 Section 15. (a) For the purposes of this section, the following words shall have the
1895	1895	1733following meanings unless the context clearly requires otherwise:-
1896	1896	1734 “Consumer report”, written, oral or other communication of any information by a
1897	1897	1735consumer reporting agency bearing on a person’s credit worthiness, credit standing or credit
1898	1898	1736capacity that is used or expected to be used or collected in whole or in part for the purpose of
1899	1899	1737serving as a factor in establishing the person’s eligibility for rental housing or other purposes
1900	1900	1738authorized under section 51 of chapter 93.
1901	1901	1739 “Consumer reporting agency”, individual, partnership, corporation, trust, estate,
1902	1902	1740cooperative, association, government or governmental subdivision or agency, or other entity that,
1903	1903	1741for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in
1904	1904	1742part in the practice of assembling or evaluating consumer credit information or other information
1905	1905	1743on consumers for the purpose of furnishing consumer reports to third parties.
1906	1906	1744 “Court”, the trial court of the commonwealth established pursuant to section 1 of chapter
1907	1907	1745211B and any departments or offices established within the trial court. 81 of 126
1908	1908	1746 “Court record”, paper or electronic records or data in any communicable form compiled
1909	1909	1747by, on file with or in the care custody or control of, the court, that concern a person and relate to
1910	1910	1748the nature or disposition of an eviction action or a lessor action.
1911	1911	1749 “Eviction action”, a summary process action under this chapter to recover possession of
1912	1912	1750residential premises, a civil action under section 19 of chapter 139 to obtain an order requiring a
1913	1913	1751tenant or occupant to vacate residential premises, a civil action brought pursuant to sections 11,
1914	1914	175212 or 13 of chapter 186 or subsection (a) of section 4 of chapter 186A or any other civil action
1915	1915	1753brought against a tenant or occupant of residential premises to obtain possession of or exclusive
1916	1916	1754access to the residential premises.
1917	1917	1755 “Fault eviction”, an eviction action brought pursuant to clause (ii) of subsection (a) of
1918	1918	1756section 4 of chapter 186A, section 19 of chapter 139 or an eviction action in which the notice to
1919	1919	1757quit, notice of termination or complaint alleges a material violation of the terms of a residential
1920	1920	1758tenancy or occupancy, including nonpayment of rent and failure to vacate following the
1921	1921	1759termination or conclusion of a tenancy by the tenant or occupant; provided further, that an action
1922	1922	1760brought after termination of a tenancy for economic, business, or other reasons not constituting a
1923	1923	1761violation of the terms of the tenancy shall not be deemed a fault eviction for purposes of this
1924	1924	1762section.
1925	1925	1763 “Lessor action”, any civil action brought against the owner, manager or lessor of
1926	1926	1764residential premises by the tenant or occupant of such premises relating to or arising out of such
1927	1927	1765property, rental, tenancy or occupancy for breach of warranty, breach of any material provision
1928	1928	1766of the rental agreement or violation of any other law.
1929	1929	1767 82 of 126
1930	1930	1768 “No-fault eviction”, any eviction action in which the notice to quit, notice of termination
1931	1931	1769or complaint does not include an allegation of nonpayment of rent or violation of any material
1932	1932	1770term of the tenancy by the tenant or occupant; provided further that “no-fault eviction” shall
1933	1933	1771include an action brought after termination of a tenancy for economic, business or other reasons
1934	1934	1772not constituting a violation of the terms of the tenancy.
1935	1935	1773  (b) Any person having a court record of a fault eviction or lessor action other than a no-
1936	1936	1774fault eviction on file in a court may, on a form furnished by the trial court and signed under the
1937	1937	1775penalties of perjury, petition the court to seal the court record. The petition shall be filed in the
1938	1938	1776same court as the action sought to be sealed. If an action was active in more than one court
1939	1939	1777during its pendency, then a petition may be filed in each such court. The court may require notice
1940	1940	1778to parties to the original action; provided however, that notice shall not be required if the conduct
1941	1941	1779resulting in the eviction was the conduct of a person who is no longer a member of the
1942	1942	1780household.
1943	1943	1781 In the case of an eviction action or lessor action solely for nonpayment of rent, the court
1944	1944	1782shall comply with the petitioner’s request under this subsection if the petitioner has satisfied the
1945	1945	1783judgment for such nonpayment pursuant to subsection (i) and no eviction action or lessor action
1946	1946	1784has been brought against the petitioner within the commonwealth in the 3 years preceding such
1947	1947	1785request. In the case of an eviction action or lessor action under this subsection other than for
1948	1948	1786nonpayment of rent, the court may, in its discretion, comply with the petitioner’s request under
1949	1949	1787this subsection if the court record for an eviction action or lessor action which the petitioner
1950	1950	1788seeks to seal has concluded, including exhaustion of all rights of appeal, not less than 7 years
1951	1951	1789prior to the petitioner’s request and no eviction action or lessor action has been brought against
1952	1952	1790the petitioner within the commonwealth in the 3 years preceding such request. 83 of 126
1953	1953	1791 Notwithstanding the foregoing 2 paragraphs, the court may, in its discretion, (i) process a
1954	1954	1792petition under this subsection administratively without a hearing, or (ii) waive any requirement
1955	1955	1793under this subsection upon a determination by the court that such waiver is in the interest of
1956	1956	1794justice and public safety.
1957	1957	1795 (c) Any person having a court record of a no-fault eviction on file in a court may petition
1958	1958	1796the court to seal the court record at any time after the conclusion of the action and exhaustion of
1959	1959	1797all rights of appeal. The petition shall be on a form furnished by the trial court, signed under the
1960	1960	1798penalties of perjury and filed in the same court as the original petition for sealing. . If an action
1961	1961	1799was active in more than 1 court during its pendency, then a petition may be filed in any such
1962	1962	1800court. Notice shall be given to parties to the original action. The court shall comply with the
1963	1963	1801petitioner’s request if the court record pertains solely to a no-fault eviction and the action has
1964	1964	1802concluded with all rights of appeal exhausted. If no such objection is filed by a party within 7
1965	1965	1803days of filing the petition, the court may, in its discretion, process the petition administratively
1966	1966	1804without a hearing.
1967	1967	1805 (d) Upon motion and for good cause shown, or as otherwise authorized by this section,
1968	1968	1806court records sealed under this section may be, at the discretion of the court and upon a balancing
1969	1969	1807of the interests of the litigants and the public against the interests of the requesting party, made
1970	1970	1808available for public safety, scholarly, educational, journalistic or governmental purposes only;
1971	1971	1809provided, however, that the personal identifying information of the parties involved in the action,
1972	1972	1810shall remain sealed unless the court determines that release of such information is appropriate
1973	1973	1811under this subsection and necessary to fulfill the purpose of the request.  Nothing in this
1974	1974	1812subsection shall be deemed to permit the release of personal identifying information for
1975	1975	1813commercial purposes. 84 of 126
1976	1976	1814 (e) Nothing in this section shall prohibit the dissemination of information contained in a
1977	1977	1815court record sealed pursuant to this section as the court deems necessary or appropriate: (i) for
1978	1978	1816the collection of a money judgment; (ii) to pursue a criminal investigation; (iii) to pursue a
1979	1979	1817criminal prosecution; or (iv) where information in the sealed record was entered into evidence in
1980	1980	1818a criminal prosecution that resulted in a criminal charge.
1981	1981	1819 (f) Nothing in this section shall prohibit a person or their representative from petitioning
1982	1982	1820the court to obtain access to a court record sealed under this section in which the person is a
1983	1983	1821party.
1984	1984	1822 (g) A consumer reporting agency shall not disclose the existence of, or information
1985	1985	1823regarding, a court record sealed under this section or use information contained in such court
1986	1986	1824record as a factor to determine any score or recommendation to be included in a consumer report
1987	1987	1825unless such court record was available for inspection by the court within 30 days of the report
1988	1988	1826date.  A consumer reporting agency may include in a consumer report information found in
1989	1989	1827publicly available court records, provided, however, that the consumer report shall include a
1990	1990	1828person’s full name, whether an eviction action was a fault eviction, a no-fault eviction or a lessor
1991	1991	1829action, and the outcome of any eviction action if such information is contained in the publicly
1992	1992	1830available court record. All information contained in a court record sealed under this section shall
1993	1993	1831be removed from the consumer report or from the calculation of any score or recommendation to
1994	1994	1832be included in a consumer report within 30 days of the sealing of the court record from which it
1995	1995	1833is derived. Any consumer reporting agency that violates this subsection shall be liable in tort, in a
1996	1996	1834court of competent jurisdiction, to the person who is the subject of the consumer report in an
1997	1997	1835amount equal to the sum of any actual damages sustained by the consumer because of such
1998	1998	1836violation, or for $100 per day of such violation, whichever is greater, and the costs of the action, 85 of 126
1999	1999	1837including reasonable attorney’s fees. The office of the attorney general of the commonwealth
2000	2000	1838may enforce the provisions of this subsection and the remedies provided hereunder shall not be
2001	2001	1839exclusive. Nothing in this subsection shall be deemed to waive the rights or remedies of any
2002	2002	1840person under any other law or regulation.
2003	2003	1841 (h) An application used to screen applicants for housing or credit that seeks information
2004	2004	1842concerning prior eviction actions or lessor actions of the applicant shall include the following
2005	2005	1843statement:
2006	2006	1844 “An applicant for housing or credit with a sealed record on file with the court pursuant to
2007	2007	1845section 15 of chapter 239 of the General Laws may answer ‘no record’ to an inquiry relative to
2008	2008	1846that sealed court record.”
2009	2009	1847 No party shall be liable for any violation of the foregoing provision unless such party has
2010	2010	1848first been issued a written warning from the office of the attorney general of the commonwealth
2011	2011	1849and has failed to address the violation within 90 days of such notice.  The petition provided by
2012	2012	1850the court for the sealing of records pursuant to this section and any order granting such petition
2013	2013	1851shall contain the following notice:
2014	2014	1852 “An applicant for housing or credit with a sealed record on file with the court pursuant to
2015	2015	1853section 15 of chapter 239 of the General Laws may answer ‘no record’ to an inquiry relative to
2016	2016	1854that sealed court record.”
2017	2017	1855 i) A party who obtains a judgment or enters into an agreement in an eviction action solely
2018	2018	1856for nonpayment of rent, shall, not more than 14 days after satisfaction of the judgment or
2019	2019	1857agreement, file with the court in which the judgment or agreement was entered a notice of
2020	2020	1858satisfaction of the judgment or agreement.  A party that has satisfied such judgment or agreement 86 of 126
2021	2021	1859may, upon noncompliance with this subsection by the other party, file a petition for the judgment
2022	2022	1860or agreement to be deemed satisfied, with notice to the parties to such action.  The court shall
2023	2023	1861comply with the petitioner’s request under this subsection, provided, that the record only pertains
2024	2024	1862to an action for nonpayment of rent and the judgment or agreement has been satisfied.   If no
2025	2025	1863objection is filed by a party within 7 days of filing the petition, such court may, in its discretion,
2026	2026	1864process such petitions administratively without a hearing. Upon the filing of a notice of
2027	2027	1865satisfaction of judgment or an agreement, or court judgment deeming the judgment or agreement
2028	2028	1866satisfied, a party may, pursuant to and subject to the time frames set forth in subsection (b),
2029	2029	1867petition the court to seal the court record pertaining to that action.
2030	2030	1868 SECTION 48. Section 3 of chapter 708 of the acts of 1966, as amended by section 43 of
2031	2031	1869chapter 204 of the acts of 1996, is hereby further amended by striking out, in the first sentence,
2032	2032	1870the words “department of housing and community development” and inserting in place thereof
2033	2033	1871the following words:-  executive office of housing and livable communities
2034	2034	1872 SECTION 49. The second paragraph of said section 3 of said chapter 708, as amended, is
2035	2035	1873hereby further amended by striking out, in the first sentence, the words “director of housing and
2036	2036	1874community development” and inserting in place thereof the following words:- secretary of
2037	2037	1875housing and livable communities
2038	2038	1876 SECTION 50. Subsection (a) of section 35 of chapter 405 of the acts of 1985, as
2039	2039	1877amended by section 47 of chapter 204 of the acts of 1996, is hereby amended by striking out the
2040	2040	1878words “department of housing and community development” and inserting in place thereof the
2041	2041	1879following words:-  executive office of housing and livable communities 87 of 126
2042	2042	1880 SECTION 51. Said subsection (a) of said section 35 of said chapter 405, as amended, is
2043	2043	1881hereby further amended by striking out the words “secretary of communities and development”
2044	2044	1882and inserting in place thereof the following words:-  secretary of housing and livable
2045	2045	1883communities
2046	2046	1884 SECTION 52. Item 3722-8899 of section 2 of chapter 494 of the acts of 1993 is hereby
2047	2047	1885amended by striking out, in clause (2), the words “provided, that said property shall not be
2048	2048	1886released from such restriction unless and until the balance of the principal and interest for said
2049	2049	1887loan is repaid in full or unless and until a mortgage foreclosure deed is recorded;” and inserting
2050	2050	1888in place thereof the following words:- provided, that said property shall not be released from
2051	2051	1889such restriction unless and until: (i) the balance of the principal and interest for said loan is
2052	2052	1890repaid in full; (ii) a mortgage foreclosure deed is recorded; or (iii) the disposition of the
2053	2053	1891property, provided that the department of housing and community development determines that
2054	2054	1892relevant clients will be better served at an alternative property and the proceeds from the
2055	2055	1893disposition of the property will be used, to the extent necessary for replacement of the housing at
2056	2056	1894the property, for one or more of the following purposes: (A) to acquire such alternative property
2057	2057	1895and (B) to rehabilitate such alternative property;
2058	2058	1896 SECTION 53. Item 4000-8200 of section 2 of chapter 52 of the acts of 1993, as amended
2059	2059	1897by chapter 244 of the acts of 2002, is hereby further amended by striking out, in clause (3) the
2060	2060	1898words “provided, that the property shall not be released from such restrictions until the balance
2061	2061	1899of the principal and interest for the loan is repaid in full or until a mortgage foreclosure deed is
2062	2062	1900recorded” and inserting in place thereof the following words:- provided, that the property shall
2063	2063	1901not be released from such restrictions unless: (i) the balance of the principal and interest for the
2064	2064	1902loan has been repaid in full; (ii) a mortgage foreclosure deed has been recorded; or (iii) there has 88 of 126
2065	2065	1903been a disposition of the property, provided that the department of housing and community
2066	2066	1904development, in consultation with the department of mental health and the department of
2067	2067	1905developmental services, determines that relevant clients will be better served at an alternative
2068	2068	1906property and the proceeds from the disposition of the property will be used, to the extent
2069	2069	1907necessary for replacement of the housing at the property, for one or more of the following
2070	2070	1908purposes: (A) to acquire such alternative property and (B) to rehabilitate such alternative
2071	2071	1909property
2072	2072	1910 SECTION 54. Said item 4000-8200 of said section 2 of said chapter 52, as amended, is
2073	2073	1911hereby further amended by striking out, in clause (4), the words “that the project shall continue
2074	2074	1912to remain affordable housing for the duration of the loan term” and inserting in place thereof the
2075	2075	1913following:- that the project, whether at the original property, or at an alternative property
2076	2076	1914pursuant to clause (3) of this item, shall remain affordable housing for the duration of the loan
2077	2077	1915term.
2078	2078	1916 SECTION 55. Said item 4000-8200 of said section 2 of said chapter 52, as amended, is
2079	2079	1917hereby further amended by striking out clauses (6) to (9), inclusive, and inserting in place thereof
2080	2080	1918the following two clauses:-
2081	2081	1919 (6) said loans shall be provided only for projects conforming to the provisions of this act;
2082	2082	1920and
2083	2083	1921 (7) said loans shall be issued in accordance with a facilities consolidation plan prepared
2084	2084	1922by the secretary of health and human services, reviewed and approved by the secretary of
2085	2085	1923communities and development and filed with the secretary for administration and finance and the
2086	2086	1924house and senate committees on ways and means; provided, that no expenditures shall be made 89 of 126
2087	2087	1925pursuant to this item without the prior approval of the secretary for administration and finance;
2088	2088	1926provided further, that not more than ten million dollars may be expended from this item for a
2089	2089	1927pilot program of community-based housing loans to serve mentally ill homeless individuals in
2090	2090	1928the current or former care of said department of mental health; provided further, that in
2091	2091	1929implementing said pilot program, said department shall take due consideration of a balanced
2092	2092	1930geographic plan when establishing community-based residences; provided further, that said
2093	2093	1931housing services made available pursuant to such loans shall not be construed as a right or an
2094	2094	1932entitlement for any individual or class of persons to the benefits of said pilot program; provided
2095	2095	1933that eligibility for said pilot program shall be established by regulations promulgated by the said
2096	2096	1934department.
2097	2097	1935 SECTION 56. Said item 3722-8899 of said section 2 of said chapter 494 is hereby further
2098	2098	1936amended by striking out, in clause (4), the words “provided, that the project continues to remain
2099	2099	1937affordable housing as set forth in the contract or agreement entered into for the duration of the
2100	2100	1938project by the department;” and inserting in place thereof the following words:- provided, that
2101	2101	1939that the project, whether at the original property, or at an alternative property pursuant to clause
2102	2102	1940(2) of this item, continues to remain affordable housing as set forth in the contract or agreement
2103	2103	1941entered into for the duration of the project by the department;
2104	2104	1942 SECTION 57. Said item 3722-8899 of said section 2 of said chapter 494, as amended is
2105	2105	1943hereby further amended by striking out clause (6) to (8), inclusive, and inserting in place thereof
2106	2106	1944the following clause:-
2107	2107	1945 and (6) said department shall take due consideration of a balanced geographic plan for
2108	2108	1946such alternative forms of housing when issuing said loans; 90 of 126
2109	2109	1947 SECTION 58. Section 16 of chapter 179 of the acts of 1995 is hereby amended by
2110	2110	1948striking out, in the first paragraph, the words “in the form of mobile vouchers” and inserting in
2111	2111	1949place thereof the following words:- in the form of either mobile vouchers or project based
2112	2112	1950vouchers.
2113	2113	1951 SECTION 59. Section 12 of chapter 257 of the acts of 1998 is hereby amended by
2114	2114	1952striking out clause (2) and inserting in place thereof the following clause:-
2115	2115	1953 (2) such loans shall only be issued when a contract or agreement for the use of the
2116	2116	1954property for the purposes of such housing provides for the recording of a restriction in the
2117	2117	1955registry of deeds or the registry district of the land court in the county in which the affected real
2118	2118	1956property is located, for the benefit of said department, running with the land, that the land be
2119	2119	1957used for the purpose of providing alternative forms of rental and ownership housing. Such
2120	2120	1958property shall not be released from such restriction until: (i) the balance of the principal and
2121	2121	1959interest for any such loan shall be repaid in full; (ii) a mortgage foreclosure deed shall be
2122	2122	1960recorded; or (iii) there has been a disposition of the property, provided that the department of
2123	2123	1961housing and community development determines that relevant clients will be better served at an
2124	2124	1962alternative property and the proceeds from the disposition of the property will be used, to the
2125	2125	1963extent necessary for replacement of the housing at the property, for one or more of the following
2126	2126	1964purposes: (A) to acquire such alternative property and (B) to rehabilitate such alternative
2127	2127	1965property;
2128	2128	1966 SECTION 60. Said section 12 of said chapter 257 is hereby further amended by striking
2129	2129	1967out, in clause (3), the words “provided, that the project continues to remain affordable housing as
2130	2130	1968set forth in the contract or agreement entered into for the duration of the project by the 91 of 126
2131	2131	1969department;” and inserting in place thereof the following words:- provided, that the project,
2132	2132	1970whether at the original property, or at an alternative property pursuant to clause (2) of this item,
2133	2133	1971continues to remain affordable housing as set forth in the contract or agreement entered into for
2134	2134	1972the duration of the project by the department.
2135	2135	1973 SECTION 61. Said section 12 of said chapter 257 is further hereby amended by striking
2136	2136	1974out clause (5) to (7), inclusive, and inserting in place thereof the following clause:-
2137	2137	1975 and (5) said department shall take due consideration of a balanced geographic plan for
2138	2138	1976such alternative forms of housing when issuing such loans.
2139	2139	1977 SECTION 62. Section 5 of chapter 244 of the acts of 2002 is hereby amended by striking
2140	2140	1978out clause (2) and inserting in place thereof the following clause:-
2141	2141	1979 (2) such loans shall only be issued when a contract or agreement for the use of the
2142	2142	1980property for the purposes of such housing provides for the recording of a restriction in the
2143	2143	1981registry of deeds or the registry district of the land court in the county in which the affected real
2144	2144	1982property is located, for the benefit of said department, running with the land, that the land be
2145	2145	1983used for the purpose of providing alternative forms of rental and ownership housing. Such
2146	2146	1984property shall not be released from such restriction until: (i) the balance of the principal and
2147	2147	1985interest for any such loan shall be repaid in full; (ii) a mortgage foreclosure deed shall be
2148	2148	1986recorded; or (iii) there has been a disposition of the property, provided that the department of
2149	2149	1987housing and community development determines that relevant clients will be better served at an
2150	2150	1988alternative property and the proceeds from the disposition of the property will be used, to the
2151	2151	1989extent necessary for replacement of the housing at the property, for one or more of the following 92 of 126
2152	2152	1990purposes: (A) to acquire such alternative property and (B) to rehabilitate such alternative
2153	2153	1991property;
2154	2154	1992 SECTION 63. Said section 5 of said chapter 244 is hereby further amended by striking
2155	2155	1993out, in clause (3), the words “provided that the project continues to remain affordable housing as
2156	2156	1994set forth in the contract or agreement entered into for the duration of the project by the
2157	2157	1995department” and inserting in place thereof the following words:- provided that the project,
2158	2158	1996whether at the original property, or at an alternative property pursuant to clause (2) of this item,
2159	2159	1997continues to remain affordable housing as set forth in the contract or agreement entered into for
2160	2160	1998the duration of the project by the department.
2161	2161	1999 SECTION 64. Said section 5 of said chapter 244 is hereby further amended by striking
2162	2162	2000out clause (5) to (7), inclusive, and inserting in place thereof the following clause:-
2163	2163	2001and (5) said department shall take due consideration of a balanced geographic plan for such
2164	2164	2002alternative forms of housing when issuing such loans.
2165	2165	2003 SECTION 65. Item 4000-8200 of section 2E of chapter 290 of the acts of 2004 is hereby
2166	2166	2004amended by striking out clause (2) and inserting in place thereof the following clause:-
2167	2167	2005 (2) said loans shall be issued only when any contract or agreement for the use of said
2168	2168	2006property for the purposes of such housing provides for repayment to the commonwealth at the
2169	2169	2007time of disposition of the property if such property will no longer be subject to a recorded deed
2170	2170	2008restriction pursuant to clause (3) of this item; provided, however, that such repayment shall be an
2171	2171	2009amount equal to the commonwealth's proportional contribution from the Facilities Consolidation
2172	2172	2010Fund to the cost of the development through payments made by the state agency making the
2173	2173	2011contract; provided, further, that such repayment shall not be required if the department of 93 of 126
2174	2174	2012housing and community development, in consultation with the department of mental health and
2175	2175	2013the department of developmental services, determines that relevant clients will be better served at
2176	2176	2014an alternative property and the proceeds from the disposition of the property will be used, to the
2177	2177	2015extent necessary for replacement of the housing at the property, for one or more of the following
2178	2178	2016purposes: (A) to acquire such alternative property and (B) to rehabilitate such alternative
2179	2179	2017property;
2180	2180	2018 SECTION 66. Said item 4000-8200 of said section 2E of said chapter 290 is hereby
2181	2181	2019further amended by striking out, in clause (3), the words “provided, that the property shall not be
2182	2182	2020released from such restrictions until the balance of the principal and interest for the loan is repaid
2183	2183	2021in full or until a mortgage foreclosure deed is recorded” and inserting in place thereof the
2184	2184	2022following words:- provided, that the property shall not be released from such restrictions unless:
2185	2185	2023(i) the balance of the principal and interest for the loan is repaid in full; (ii) a mortgage
2186	2186	2024foreclosure deed is recorded; or (iii) the department of housing and community development has
2187	2187	2025determined, pursuant to clause (2) of this item, that repayment to the commonwealth is not
2188	2188	2026required.
2189	2189	2027 SECTION 67. Said item 4000-8200 of said section 2E of said chapter 290 is hereby
2190	2190	2028further amended by striking out, in clause (4), the words “provided, however, that the project
2191	2191	2029shall continue to remain affordable housing for the duration of the loan term, as extended, as set
2192	2192	2030forth in the contract or agreement entered into by the department” and inserting in place thereof
2193	2193	2031the following words:- provided, however, that the project, whether at the original property, or at
2194	2194	2032an alternative property pursuant to clause (3) of this item, shall continue to remain affordable
2195	2195	2033housing for the duration of the loan term, as extended, as set forth in the contract or agreement
2196	2196	2034entered into by the department. 94 of 126
2197	2197	2035 SECTION 68. Said item 4000-8200 of said section 2E of said chapter 290 is hereby
2198	2198	2036amended by striking out clause (6) and clause (7).
2199	2199	2037 SECTION 69. Said item 4000-8200 of said section 2E of said chapter 290 is hereby
2200	2200	2038further amended by striking out the figure “(8)” and inserting in place thereof the following
2201	2201	2039figure:- (6).
2202	2202	2040 SECTION 70. Said item 4000-8200 of said section 2E of said chapter 290 is hereby
2203	2203	2041further amended by striking out the figure “(9)” and inserting in place thereof the following
2204	2204	2042figure:- (7).
2205	2205	2043 SECTION 71. Said item 4000-8200 of said section 2E of said chapter 290 is hereby
2206	2206	2044further amended by striking out the figure “(10)” and inserting in place thereof the following
2207	2207	2045figure:- (8).
2208	2208	2046 SECTION 72. Item 4000-8201 of said section 2E of said chapter 290 is hereby amended
2209	2209	2047by striking out clause (2) and inserting in place thereof the following:-
2210	2210	2048 (2) said loans shall be issued only when any contract or agreement for the use of said
2211	2211	2049property for the purposes of such housing provides for repayment to the commonwealth at the
2212	2212	2050time of disposition of the property if such property will no longer be subject to a recorded deed
2213	2213	2051restriction pursuant to clause (3) of this item; provided, however, that such repayment shall be an
2214	2214	2052amount equal to the commonwealth's proportional contribution from this item to the cost of the
2215	2215	2053development through payments made by the state agency making the contract; provided, further,
2216	2216	2054that such repayment shall not be required if the department of housing and community
2217	2217	2055development, in consultation with the Massachusetts rehabilitation commission, determines that
2218	2218	2056relevant clients will be better served at an alternative property and the proceeds from the 95 of 126
2219	2219	2057disposition of the property will be used, to the extent necessary for replacement of the housing at
2220	2220	2058the property, for one or more of the following purposes: (A) to acquire such alternative property
2221	2221	2059and (B) to rehabilitate such alternative property
2222	2222	2060 SECTION 73. Said item 4000-8201 of said section 2E of said chapter 290 is hereby
2223	2223	2061further amended by striking out in clause (3) the words “provided further, that the property shall
2224	2224	2062not be released from such restrictions until the balance of the principal and interest for the loan is
2225	2225	2063repaid in full or until a mortgage foreclosure deed is recorded” and inserting in place thereof the
2226	2226	2064following:- provided further, that the property shall not be released from such restrictions
2227	2227	2065unless: (A) the balance of the principal and interest for the loan is repaid in full; (B) a mortgage
2228	2228	2066foreclosure deed is recorded; or (C) the department of housing and community development has
2229	2229	2067determined, pursuant to clause (2) of this item, that repayment to the commonwealth is not
2230	2230	2068required
2231	2231	2069 SECTION 74. Said item 4000-8201 of said section 2E of said chapter 290 is hereby
2232	2232	2070further amended by striking out, in clause (4), the words “provided, however, that the project
2233	2233	2071shall continue to remain affordable housing for the duration of the loan term, as extended, as set
2234	2234	2072forth in the contract or agreement entered into by the department” and inserting in place thereof
2235	2235	2073the following:- provided, however, that the project, whether at the original property, or at an
2236	2236	2074alternative property pursuant to clause (2) of this item, shall continue to remain affordable
2237	2237	2075housing for the duration of the loan term, as extended, as set forth in the contract or agreement
2238	2238	2076entered into by the department
2239	2239	2077 SECTION 75. Said item 4000-8201 of said section 2E of said chapter 290 is hereby
2240	2240	2078further amended by striking out clause (6) and (7). 96 of 126
2241	2241	2079 SECTION 76. Said item 4000-8201 of said section 2E of said chapter 290 is hereby
2242	2242	2080further amended by striking out the figure “(8)” and inserting in place thereof the following
2243	2243	2081figure:- (6)
2244	2244	2082 SECTION 77. Said item 4000-8201 of said section 2E of said chapter 290 is hereby
2245	2245	2083further amended by striking out the figure “(9)” and inserting in place thereof the following
2246	2246	2084figure:- (7)
2247	2247	2085 SECTION 78. Said item 4000-8201 of said section 2E of said chapter 290 is hereby
2248	2248	2086further amended by striking out the figure “(10)” and inserting in place thereof the following
2249	2249	2087figure:- (8)
2250	2250	2088 SECTION 79. Item 7004-7013 of section 2E of chapter 290 of the acts of 2004 is hereby
2251	2251	2089amended by inserting after figure “2002” the following words:- , as amended.
2252	2252	2090 SECTION 80. Item 7004-0029 of section 2 of chapter 119 of the acts of 2008 is hereby
2253	2253	2091amended by striking out clause (2) and inserting in place thereof the following:-
2254	2254	2092 (2) be issued only when a contract or agreement for the use of the property for such
2255	2255	2093housing provides for repayment to the commonwealth at the time of disposition of the property if
2256	2256	2094such property will no longer be subject to a recorded deed restriction pursuant to clause (3) of
2257	2257	2095this item; provided, however, that such repayment shall be in an amount equal to the
2258	2258	2096commonwealth's proportional contribution from the Facilities Consolidation Fund to the cost of
2259	2259	2097the development through payments made by the state agency making the contract; provided,
2260	2260	2098further, that such repayment shall not be required if the department of housing and community
2261	2261	2099development, in consultation with the department of mental health and the department of
2262	2262	2100developmental services, determines that relevant clients will be better served at an alternative 97 of 126
2263	2263	2101property and the proceeds from the disposition of the property will be used, to the extent
2264	2264	2102necessary for replacement of the housing at the property, for one or more of the following
2265	2265	2103purposes: (A) to acquire such alternative property and (B) to rehabilitate such alternative
2266	2266	2104property
2267	2267	2105 SECTION 81. Said item 7004-0029 of said section 2 of said chapter 119 is hereby further
2268	2268	2106amended by striking out, in clause (3), the words “provided, that the property shall not be
2269	2269	2107released from such restriction until the balance of the principal and interest for the loan has been
2270	2270	2108repaid in full or until a mortgage foreclosure deed has been recorded” and inserting in place
2271	2271	2109thereof the following words:- provided, that the property shall not be released from such
2272	2272	2110restriction unless: (i) the balance of the principal and interest for the loan has been repaid in
2273	2273	2111full; (ii) a mortgage foreclosure deed has been recorded; or (iii) the department of housing and
2274	2274	2112community development has determined, pursuant to clause (2) of this item, that repayment to
2275	2275	2113the commonwealth is not required.
2276	2276	2114 SECTION 82. Said item 7004-0029 of said section 2 of said chapter 119 is hereby further
2277	2277	2115amended by striking out, in clause (4), the words “provided, however, that the project shall
2278	2278	2116remain affordable housing for the duration of the loan term, including any extension thereof, as
2279	2279	2117set forth in the contract or agreement entered into by the department” and inserting in place
2280	2280	2118thereof the following words:- provided, however, that the project, whether at the original
2281	2281	2119property, or at an alternative property pursuant to clause (3) of this item, shall remain affordable
2282	2282	2120housing for the duration of the loan term, including any extension thereof, as set forth in the
2283	2283	2121contract or agreement entered into by the department. 98 of 126
2284	2284	2122 SECTION 83. Said item 7004-0029 of said section 2 of said chapter 119 is hereby further
2285	2285	2123amended by striking out, in clause (5), the words "; provided further, that expenditures from this
2286	2286	2124item shall not be made for the purpose of refinancing outstanding mortgage loans for
2287	2287	2125community-based housing in existence prior to the effective date of this act; provided further,
2288	2288	2126that community-based housing projects developed pursuant to this item shall not be refinanced
2289	2289	2127during the term of any loan issued pursuant to this item unless the balance of the principal and
2290	2290	2128interest for such loan has been repaid in full at the time of such refinancing; provided further,
2291	2291	2129that the community-based housing projects may be refinanced if the refinancing would result in a
2292	2292	2130reduction of costs paid by the commonwealth; provided further, that a refinanced loan shall be
2293	2293	2131due and payable on a date not later than the date on which the original loan was due and payable,
2294	2294	2132except in accordance with clause (4) when necessary to effect extraordinary repairs or
2295	2295	2133maintenance which shall be approved by the commissioner of mental retardation or the
2296	2296	2134commissioner of mental health, as the case may be, and the department;"
2297	2297	2135 SECTION 84. Said item 7004-0030 of said section 2 of said chapter 119 is hereby further
2298	2298	2136amended by striking out clause (2) and inserting in place thereof the following clause:-
2299	2299	2137 (2) be issued only when a contract or agreement for the use of the property for the
2300	2300	2138purposes of such housing provides for repayment to the commonwealth at the time of disposition
2301	2301	2139of the property if such property will no longer be subject to a recorded deed restriction pursuant
2302	2302	2140to clause (3) of this item; provided, however, that such repayment shall be in an amount equal to
2303	2303	2141the commonwealth’s proportional contribution from community based housing to the cost of the
2304	2304	2142development through payments made by the state agency making the contract; provided, further,
2305	2305	2143that such repayment shall not be required if the department of housing and community
2306	2306	2144development, in consultation with the Massachusetts rehabilitation commission, determines that 99 of 126
2307	2307	2145relevant clients will be better served at an alternative property and the proceeds from the
2308	2308	2146disposition of the property will be used, to the extent necessary for replacement of the housing at
2309	2309	2147the property, for one or more of the following purposes: (A) to acquire such alternative property
2310	2310	2148and (B) to rehabilitate such alternative property;
2311	2311	2149 SECTION 85. Said item 7004-0030 of said section 2 of said chapter 119 is hereby further
2312	2312	2150amended by striking out, in clause (3), the words “provided further, that the property shall not be
2313	2313	2151released from such restrictions until the balance of the principal and interest for the loan has been
2314	2314	2152repaid in full or until a mortgage foreclosure deed has been recorded;” and inserting in place
2315	2315	2153thereof the following words:- provided further, that the property shall not be released from such
2316	2316	2154restrictions unless: (A) the balance of the principal and interest for the loan has been repaid in
2317	2317	2155full; (B) a mortgage foreclosure deed has been recorded; or (C) the department of housing and
2318	2318	2156community development has determined, pursuant to clause (2) of this item, that repayment to
2319	2319	2157the commonwealth is not required
2320	2320	2158 SECTION 86. Said item 7004-0030 of said section 2 of said chapter 119 is hereby further
2321	2321	2159amended by striking out, in clause (4), the words “provided, however, that the project shall
2322	2322	2160continue to remain affordable housing for the duration of the loan term, including any extensions
2323	2323	2161thereof, as set forth in the contract or agreement entered into by the department;” and inserting
2324	2324	2162place thereof the following words:- provided, however, that the project, whether at the original
2325	2325	2163property, or at an alternative property pursuant to clause (2) of this item, shall continue to remain
2326	2326	2164affordable housing for the duration of the loan term, including any extensions thereof, as set
2327	2327	2165forth in the contract or agreement entered into by the department; 100 of 126
2328	2328	2166 SECTION 87. Said item 7004-0030 of said section 2 of said chapter 119 is hereby further
2329	2329	2167amended by striking out clause (5) and inserting in place thereof the following clause:-
2330	2330	2168 (5) have interest rates fixed at a rate, to be determined by the department, in consultation
2331	2331	2169with the state treasurer; provided further, that the loans shall be issued in accordance with an
2332	2332	2170enhancing community-based services plan prepared by the secretary of health and human
2333	2333	2171services, in consultation with the department and filed with the secretary for administration and
2334	2334	2172finance and the house and senate committees on ways and means and the joint committee on
2335	2335	2173housing; provided further, that no expenditure shall be made from this item without the prior
2336	2336	2174approval of the secretary for administration and finance; provided further, that the department
2337	2337	2175shall promulgate regulations pursuant to chapter 30A of the General Laws for the
2338	2338	2176implementation, administration and enforcement of this item, consistent with the enhancing
2339	2339	2177community-based services plan prepared by the secretary of health and human services after
2340	2340	2178consultation with the secretary and the commissioner of capital asset management and
2341	2341	2179maintenance
2342	2342	2180 SECTION 88. Sections 30, 36 and 98 of chapter 238 of the acts of 2012 are hereby
2343	2343	2181repealed.
2344	2344	2182 SECTION 89. Item 7004-0040 of section 2 of chapter 129 of the acts of 2013 is hereby
2345	2345	2183amended by striking out clause (ii) and inserting in place thereof the following clause:-
2346	2346	2184 (ii) be issued only when a contract or agreement for the use of the property for such
2347	2347	2185housing provides for repayment to the commonwealth at the time of disposition of the property if
2348	2348	2186such property will no longer be subject to a recorded deed restriction pursuant to clause (iii) of
2349	2349	2187this item; provided, however, that such repayment shall be in an amount equal to the 101 of 126
2350	2350	2188commonwealth's proportional contribution from the Facilities Consolidation Fund to the cost of
2351	2351	2189the development through payments made by the state agency making the contract; provided,
2352	2352	2190further, that such repayment shall not be required if the department of housing and community
2353	2353	2191development in consultation with the department of mental health and the department of
2354	2354	2192developmental services, determines that relevant clients will be better served at an alternative
2355	2355	2193property and the proceeds from the disposition of the property will be used, to the extent
2356	2356	2194necessary for replacement of the housing at the property, for one or more of the following
2357	2357	2195purposes: (A) to acquire such alternative property and (B) to rehabilitate such alternative
2358	2358	2196property;
2359	2359	2197 SECTION 90. Said item 7004-0040 of said section 2 of said chapter 129 is hereby
2360	2360	2198further amended by striking out, in clause (iii) the words “provided, however, that the property
2361	2361	2199shall not be released from such restriction until the balance of the principal and interest for the
2362	2362	2200loan has been repaid in full or until a mortgage foreclosure deed has been recorded” and inserting
2363	2363	2201in place thereof the following words:- provided, however, that the property shall not be released
2364	2364	2202from such restriction unless: (A) the balance of the principal and interest for the loan has been
2365	2365	2203repaid in full; (B) a mortgage foreclosure deed has been recorded; or (C) the department of
2366	2366	2204housing and community development has determined, pursuant to clause (ii) of this item, that
2367	2367	2205repayment to the commonwealth is not required.
2368	2368	2206 SECTION 91. Said item 7004-0040 of said section 2 of said chapter 129 is hereby further
2369	2369	2207amended by striking out in clause (iv) the words “provided further, that the project shall remain
2370	2370	2208affordable housing for the duration of the loan term, including any extension thereof, as set forth
2371	2371	2209in the contract or agreement entered into by the department” and inserting in place thereof the
2372	2372	2210following words:- provided further, that the project, whether at the original property, or at an 102 of 126
2373	2373	2211alternative property pursuant to clause (iii) of this item, shall remain affordable housing for the
2374	2374	2212duration of the loan term, including any extension thereof, as set forth in the contract or
2375	2375	2213agreement entered into by the department.
2376	2376	2214 SECTION 92. Said item 7004-0041 of said section 2 of said chapter 129 is hereby further
2377	2377	2215amended by striking out clause (ii) and inserting in place thereof the following clause:-
2378	2378	2216 (ii) be issued only when a contract or agreement for the use of the property for the
2379	2379	2217purposes of such housing provides for repayment to the commonwealth at the time of disposition
2380	2380	2218of the property if such property will no longer be subject to a recorded deed restriction pursuant
2381	2381	2219to clause (iii) of this item; provided, however, that such repayment shall be in an amount equal
2382	2382	2220to the commonwealth’s proportional contribution from community based housing to the cost of
2383	2383	2221the development through payments made by the state agency making the contract; provided,
2384	2384	2222further, that such repayment shall not be required if the department of housing and community
2385	2385	2223development, in consultation with the Massachusetts rehabilitation commission, determines that
2386	2386	2224relevant clients will be better served at an alternative property and the proceeds from the
2387	2387	2225disposition of the property will be used, to the extent necessary for replacement of the housing at
2388	2388	2226the property, for one or more of the following purposes: (A) to acquire such alternative property
2389	2389	2227and (B) to rehabilitate such alternative property;
2390	2390	2228 SECTION 93. Said item 7004-0041 of said section 2 of said chapter 129 is hereby further
2391	2391	2229amended by striking out, in clause (iii), the words “provided, however, that the property shall not
2392	2392	2230be released from such restrictions until the balance of the principal and interest for the loan has
2393	2393	2231been repaid in full or until a mortgage foreclosure deed has been recorded;” and inserting in
2394	2394	2232place thereof the following words:- provided however, that the property shall not be released 103 of 126
2395	2395	2233from such restrictions unless: (A) the balance of the principal and interest for the loan has been
2396	2396	2234repaid in full; (B) a mortgage foreclosure deed has been recorded; or (C) the department of
2397	2397	2235housing and community development has determined, pursuant to clause (ii) of this item, that
2398	2398	2236repayment to the commonwealth is not required
2399	2399	2237 SECTION 94. Said item 7004-0041 of said section 2 of said chapter 129 is hereby further
2400	2400	2238amended by striking out, in clause (iv), the words “provided, however, that the project shall
2401	2401	2239continue to remain affordable housing for the duration of the loan term, including any extensions
2402	2402	2240thereof, as set forth in the contract or agreement entered into by the department;” and inserting
2403	2403	2241place thereof the following words:- provided, however, that the project, whether at the original
2404	2404	2242property, or at an alternative property pursuant to clause (ii) of this item, shall continue to remain
2405	2405	2243affordable housing for the duration of the loan term, including any extensions thereof, as set
2406	2406	2244forth in the contract or agreement entered into by the department;
2407	2407	2245 SECTION 95. Item 7004-0050 of section 2 of chapter 99 of the acts of 2018 is hereby
2408	2408	2246amended by striking out clause (ii) and inserting in place thereof the following clause:-
2409	2409	2247 (ii) not be issued unless a contract or agreement for the use of the property for such
2410	2410	2248housing provides for repayment to the commonwealth at the time of disposition of the property if
2411	2411	2249such property will no longer be subject to a recorded deed restriction pursuant to clause (iii) of
2412	2412	2250this item; provided, however, that such repayment shall be in an amount equal to the
2413	2413	2251commonwealth's proportional contribution from the Facilities Consolidation Fund to the cost of
2414	2414	2252the development through payments made by the state agency making the contract; provided,
2415	2415	2253further, that such repayment shall not be required if the department of housing and community
2416	2416	2254development, in consultation with the department of mental health and the department of 104 of 126
2417	2417	2255developmental services, determines that relevant clients will be better served at an alternative
2418	2418	2256property and the proceeds from the disposition of the property will be used, to the extent
2419	2419	2257necessary for replacement of the housing at the property, for one or more of the following
2420	2420	2258purposes: (A) to acquire such alternative property and (B) to rehabilitate such alternative
2421	2421	2259property;
2422	2422	2260 SECTION 96. Said item 7004-0050 of said section 2 of said chapter 99 is hereby further
2423	2423	2261amended by striking out, in clause (iii), the words “provided, however, that the property shall not
2424	2424	2262be released from such restriction until the balance of the principal and interest for the loan has
2425	2425	2263been repaid in full or until a mortgage foreclosure deed has been recorded” and inserting in place
2426	2426	2264thereof the following words:- provided, however, that the property shall not be released from
2427	2427	2265such restriction unless: (A) the balance of the principal and interest for the loan has been repaid
2428	2428	2266in full; (B) a mortgage foreclosure deed has been recorded; or (C) the department of housing and
2429	2429	2267community development has determined, pursuant to clause (ii) of this item, that repayment to
2430	2430	2268the commonwealth is not required.
2431	2431	2269 SECTION 97. Said item 7004-0050 of said section 2 of said chapter 99 is hereby further
2432	2432	2270amended by striking out, in clause (iv), the words “provided further, that the project shall remain
2433	2433	2271affordable housing for the duration of the loan term, including any extension thereof, as set forth
2434	2434	2272in the contract or agreement entered into by the department” and inserting in place thereof the
2435	2435	2273following words:- provided further, that the project, whether at the original property, or at an
2436	2436	2274alternative property pursuant to clause (iii) of this item, shall remain affordable housing for the
2437	2437	2275duration of the loan term, including any extension thereof, as set forth in the contract or
2438	2438	2276agreement entered into by the department. 105 of 126
2439	2439	2277 SECTION 98. Said item 7004-0051 of said section 2 of said chapter 99 is hereby
2440	2440	2278amended by striking out clause (ii) and inserting in place thereof the following clause:-
2441	2441	2279 (ii) not be issued unless a contract or agreement for the use of the property for the
2442	2442	2280purposes of such housing provides for repayment to the commonwealth at the time of disposition
2443	2443	2281of the property if such property will no longer be subject to a recorded deed restriction pursuant
2444	2444	2282to clause (iii) of this item; provided, however, that such repayment shall be in an amount equal
2445	2445	2283to the commonwealth’s proportional contribution from community based housing to the cost of
2446	2446	2284the development through payments made by the state agency making the contract; provided,
2447	2447	2285further, that such repayment shall not be required if the department of housing and community
2448	2448	2286development, in consultation with the Massachusetts rehabilitation commission, determines that
2449	2449	2287relevant clients will be better served at an alternative property and the proceeds from the
2450	2450	2288disposition of the property will be used, to the extent necessary for replacement of the housing at
2451	2451	2289the property, for one or more of the following purposes: (A) to acquire such alternative property
2452	2452	2290and (B) to rehabilitate such alternative property;
2453	2453	2291 SECTION 99. Said item 7004-0051 of said section 2 of said chapter 99 is hereby further
2454	2454	2292amended by striking out, in clause (iii), the words “provided, however, that the property shall not
2455	2455	2293be released from such restrictions until the balance of the principal and interest for the loan has
2456	2456	2294been repaid in full or until a mortgage foreclosure deed has been recorded;” and inserting in
2457	2457	2295place thereof the following words:- provided however, that the property shall not be released
2458	2458	2296from such restrictions unless: (A) the balance of the principal and interest for the loan has been
2459	2459	2297repaid in full; (B) a mortgage foreclosure deed has been recorded; or (C) the department of
2460	2460	2298housing and community development has determined, pursuant to clause (ii) of this item, that
2461	2461	2299repayment to the commonwealth is not required 106 of 126
2462	2462	2300 SECTION 100. Said item 7004-0051 of said section 2 of said chapter 99 is hereby further
2463	2463	2301amended by striking out, in clause (iv), the words “provided, however, that the project shall
2464	2464	2302continue to remain affordable housing for the duration of the loan term, including any extensions
2465	2465	2303thereof, as set forth in the contract or agreement entered into by the department;” and inserting
2466	2466	2304place thereof the following words:- provided, however, that the project, whether at the original
2467	2467	2305property, or at an alternative property pursuant to clause (ii) of this item, shall continue to remain
2468	2468	2306affordable housing for the duration of the loan term, including any extensions thereof, as set
2469	2469	2307forth in the contract or agreement entered into by the department;
2470	2470	2308 SECTION 101. Notwithstanding any general law or special law, or any rule or regulation
2471	2471	2309to the contrary, the architectural access board, established pursuant to section 13A of chapter 22
2472	2472	2310of the General Laws, shall determine the value of any multiple dwelling, as defined in 521 CMR
2473	2473	23115.00, that is owned, constructed or renovated by a housing authority, as defined in section 1 of
2474	2474	2312chapter 121B of the General Laws, by a replacement cost that is determined by and reflected in
2475	2475	2313the executive office of housing and livable communities’ Capital Planning System survey and
2476	2476	2314database for state-funded public housing. For such buildings that are not included in such survey
2477	2477	2315and database, the replacement costs shall be calculated by the executive office based on the
2478	2478	2316replacement costs for comparable facilities that are included in such survey and database. The
2479	2479	2317executive office shall supplement the survey and database on file with the architectural access
2480	2480	2318board, for any such building, by preparing and filing documentation identifying the replacement
2481	2481	2319cost for the building and how it was calculated.
2482	2482	2320 SECTION 102. Notwithstanding any general or special law to the contrary, there shall be
2483	2483	2321established a special commission to make recommendations on expanding the supply of housing
2484	2484	2322available and affordable to tenants with a household income of not more than 30 per cent of the 107 of 126
2485	2485	2323area median income, adjusted for household size, as periodically determined by the United States
2486	2486	2324Department of Housing and Urban Development. The commission shall review and evaluate
2487	2487	2325federal, state and local subsidies that support the creation of housing for such tenants and make
2488	2488	2326policy recommendations to increase the supply of housing that is available and affordable to
2489	2489	2327households earning not more than 30 per cent of the area median income.
2490	2490	2328 (a) Without limitation, the commission shall consider the following: (i) the number of
2491	2491	2329deeply subsidized rental units targeted at families with incomes at or below 30 per cent of the
2492	2492	2330area median income and the percentage of those units that are accessible to persons with
2493	2493	2331disabilities; (ii) the number of families with such incomes per deeply subsidized rental unit; (iii)
2494	2494	2332the gap between median rents and the rent affordable to families with such incomes, and analysis
2495	2495	2333of whether housing subsidies are sufficient to bridge such gap; (iv) the ratio of households with
2496	2496	2334such incomes to unsubsidized units available at rents up to 50 per cent of such income; (v)
2497	2497	2335housing market factors such as vacancy rates, rate of rent increases, conversion of rental housing
2498	2498	2336to homeownership units; and (vi) the impact of non-housing subsidies such as earned income tax
2499	2499	2337credit on cost burden for working families; and barriers to accessing available housing, including
2500	2500	2338racial and ethnic disparities in housing access.
2501	2501	2339 (b) The commission shall consist of the secretary of housing and livable communities or
2502	2502	2340their designee, who shall serve as chair; the house and senate chairs of the joint committee on
2503	2503	2341housing or their designees; the minority leader of the house of representatives or a designee; the
2504	2504	2342minority leader of the senate or a designee; the secretary of administration and finance or a
2505	2505	2343designee; the secretary of health and human services or a designee; a representative of the
2506	2506	2344Citizens’ Housing and Planning Association; a representative of the Massachusetts Housing
2507	2507	2345Partnership; a representative of the Massachusetts Housing Finance Agency; a representative of 108 of 126
2508	2508	2346the Community Economic Development Assistance Corporation; a representative of the
2509	2509	2347Massachusetts Law Reform Institute; a representative of the Massachusetts Association of
2510	2510	2348Community Development Corporations; a representative of the Regional Housing Network; ;
2511	2511	2349and 5 members appointed by the governor: 1 of whom shall be a representative of a local
2512	2512	2350housing authority; 1 of whom shall be a representative of an advocacy organization representing
2513	2513	2351tenants; 1 of whom shall have expertise in affordable housing finance; 1 of whom shall have
2514	2514	2352expertise in nonprofit affordable housing development; and 1 of whom shall have expertise in
2515	2515	2353development of permanent supportive housing.
2516	2516	2354 (c) Not later than June 30, 2025, the commission shall file its recommendations with the
2517	2517	2355clerks of the senate and house of representatives and the joint committee on housing not later
2518	2518	2356than June 30, 2025.
2519	2519	2357 SECTION 103. (a) Notwithstanding any general or special law to the contrary, there shall
2520	2520	2358be a special commission to study and make recommendations on creating affordable and healthy
2521	2521	2359senior housing in the commonwealth. The commission’s review shall include, at a minimum,
2522	2522	2360recommending strategies to better align housing, homecare and healthcare policy and programs
2523	2523	2361to increase access and opportunity for residents of the commonwealth to age in community.
2524	2524	2362 (b) The commission shall consist of the secretary of housing and livable communities or a
2525	2525	2363designee, who shall serve as chair; the secretary of the executive office of elder affairs or a
2526	2526	2364designee; the chairpersons of the joint committee on elder affairs or their designees; the
2527	2527	2365chairpersons of the joint committee on housing or their designees; 1 member who shall be
2528	2528	2366appointed by the minority leader of the house of representatives; 1 member who shall be
2529	2529	2367appointed by the minority leader of the senate; 1 member shall be a representative of Citizens’ 109 of 126
2530	2530	2368Housing and Planning Association, Inc.; 4 members shall be representatives of statewide
2531	2531	2369organizations focusing on aging concerns; and 2 members shall be representatives of nonprofit
2532	2532	2370housing developers with experience developing affordable senior rental housing.
2533	2533	2371 (c) The study shall include, but not be limited to:
2534	2534	2372 i. Mapping out the economic profile of our older adults and determine the gaps in
2535	2535	2373services.
2536	2536	2374 ii.Identifying best practices for creating supportive senior housing with sustainable
2537	2537	2375funding.
2538	2538	2376 iii.Determining strategies for bridging silos for supporting elders in community,
2539	2539	2377including identifying federal waivers or other actions to support integration.
2540	2540	2378 iv.Identifying partners to create opportunities for supportive housing development
2541	2541	2379with health care built in.
2542	2542	2380 v. Estimating the costs and potential impact of programs and recommend
2543	2543	2381comprehensive strategies.
2544	2544	2382 vi.Recommendations for creating academic partnerships to document and evaluate
2545	2545	2383program innovations.
2546	2546	2384 vii.An analysis of the projected demand for senior housing over the next 5 years.
2547	2547	2385 viii.Recommendations to ensure senior housing is physically accessible and ADA
2548	2548	2386compliant. 110 of 126
2549	2549	2387 ix.A review of barriers to necessary housing modifications and potential funding
2550	2550	2388sources.
2551	2551	2389 x. Recommendations to encourage development of senior housing in walkable areas
2552	2552	2390near community amenities and public transportation.
2553	2553	2391 xi.An evaluation of age-restricted housing and intergenerational housing with
2554	2554	2392respect to costs, tenant preferences, accessibility, and safety.
2555	2555	2393 xii.Design and infrastructure recommendations, such as increased ventilation and
2556	2556	2394functional outdoor space, with the intention of preventing the spread of contagious diseases.
2557	2557	2395 (d) Not later than June 30, 2025, the commission shall file a report with the clerks of the
2558	2558	2396senate and house of representatives, the senate and house chairs of the joint committee on elder
2559	2559	2397affairs and the senate and house chairs of the joint committee on housing.
2560	2560	2398 SECTION 104. (a) As used in this section, the following words shall, unless the context
2561	2561	2399clearly requires otherwise, have the following meanings:-
2562	2562	2400 “Affordable housing purposes”, development of multi-family housing, of which either: (i)
2563	2563	2401not less than 25 per cent shall be affordable to households with incomes at or below 80 per cent
2564	2564	2402of the area median income, adjusted for household size; or (ii) not less than 20 per cent shall be
2565	2565	2403affordable to households with incomes at or below 50 per cent of the area median income,
2566	2566	2404adjusted for household size; provided, that affordable housing purposes may include subsequent
2567	2567	2405conveyance by a public agency, as defined in section 1 of chapter 7C of the General Laws, other
2568	2568	2406than a state agency, with a restriction for affordable housing purposes.
2569	2569	2407 “Commissioner”, the commissioner of capital asset management and maintenance. 111 of 126
2570	2570	2408 “Housing purposes”, development of housing for use as the primary residence of the
2571	2571	2409occupant, including, but not limited to: market rate housing, affordable housing and public
2572	2572	2410housing; provided, that housing purposes may include subsequent conveyance by a public
2573	2573	2411agency, as defined in section 1 of chapter 7C of the General Laws, other than a state agency,
2574	2574	2412with a restriction for housing purposes; and provided, further that housing purposes shall include
2575	2575	2413affordable housing purposes.
2576	2576	2414 “Public agency”, as defined in section 1 of chapter 7C of the General Laws; provided,
2577	2577	2415however, that for the purposes of this section, public agency shall not include cities, towns or
2578	2578	2416counties, or any boards, committees, commissions or other instrumentalities thereof.
2579	2579	2417 “Real property”, as defined in said section 1 of said chapter 7C.
2580	2580	2418 “Secretary”, the secretary of administration and finance.
2581	2581	2419 “State agency”, as defined in said section 1 of said chapter 7C; provided, however, that
2582	2582	2420for the purposes of this section, state agency shall not include counties.
2583	2583	2421 “Surplus real property”, (i) real property of the commonwealth that has been determined:
2584	2584	2422(1) by the commissioner to be surplus to the current and foreseeable needs of the commonwealth
2585	2585	2423pursuant to paragraph (2) of subsection (b) or (2) to be surplus to current and foreseeable needs
2586	2586	2424of any state agency pursuant to section 33 or 34 of said chapter 7C or (ii) real property of a
2587	2587	2425public agency determined to be surplus to current and foreseeable needs of said public agency, as
2588	2588	2426determined by said public agency; provided, however, that surplus real property shall not include
2589	2589	2427property subject to Article XCVII of the amendments to the constitution of the commonwealth. 112 of 126
2590	2590	2428 (b)(1) Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the General Laws,
2591	2591	2429or any other general or special law to the contrary, the commissioner may sell, lease for a term
2592	2592	2430not to exceed 99 years, transfer or otherwise dispose of surplus real property of the
2593	2593	2431commonwealth or a public agency for housing purposes, in accordance with this section.
2594	2594	2432 (2) The commissioner may, in consultation with the secretary and the secretary of
2595	2595	2433housing and livable communities, determine that real property of the commonwealth is surplus
2596	2596	2434and shall be disposed of for housing purposes; provided that, prior to determining that said real
2597	2597	2435property is surplus to the current and foreseeable needs of the commonwealth, the commissioner
2598	2598	2436shall provide a suitable written notice and inquiry to the state agency with care and control of
2599	2599	2437said real property, with a date certain for any response. If no written response is timely received
2600	2600	2438from said state agency specifying a current or foreseeable need for such real property, the
2601	2601	2439commissioner shall declare such real property as surplus real property and dispose of such real
2602	2602	2440property for housing purposes pursuant to this section. If a written response is timely received
2603	2603	2441from such state agency specifying a current or foreseeable need for the real property, the
2604	2604	2442commissioner shall, in consultation with the secretary, the secretary of housing and livable
2605	2605	2443communities and such state agency, determine whether the real property shall be declared
2606	2606	2444surplus real property and disposed of for housing purposes pursuant to this section.
2607	2607	2445 The chancellor or president of any public institution of higher education as defined in
2608	2608	2446said section 5 of said chapter 15A may, with the approval of the commissioner of higher
2609	2609	2447education, determine that property of such public institution of higher education is surplus to the
2610	2610	2448current and foreseeable needs of such institution and the commissioner may dispose of such
2611	2611	2449property for housing purposes without approval by such institution’s board of trustees. 113 of 126
2612	2612	2450 (3) Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the General Laws, or
2613	2613	2451any other general or special law to the contrary, if real property of the commonwealth is
2614	2614	2452determined to be surplus to current needs of any state agency but not to foreseeable needs of any
2615	2615	2453state agency, the commissioner shall take such necessary action to ensure that any disposition of
2616	2616	2454the real property is temporary and maintains the commissioner’s ability to make such real
2617	2617	2455property available to a state agency, as needed.
2618	2618	2456 (4) The commissioner may, in consultation with the secretary and the secretary of
2619	2619	2457housing and livable communities, enter into agreements with a public agency to dispose of
2620	2620	2458surplus real property of the public agency for housing purposes, in accordance with this section;
2621	2621	2459provided, that the commissioner shall not be required to determine if the real property of the
2622	2622	2460public agency is surplus to the current and foreseeable needs of the commonwealth and shall not
2623	2623	2461be required to provide written notice and inquiry to any state agency or public agency.
2624	2624	2462 (5) Within 30 days of a receipt of a request by the governor identifying a parcel of land,
2625	2625	2463and any buildings or improvements thereon, as potentially surplus real property, a public agency,
2626	2626	2464including without limitation the Massachusetts Department of Transportation, the Massachusetts
2627	2627	2465Bay Transportation Authority and the University of Massachusetts Building Authority, shall
2628	2628	2466determine whether such real property is surplus to its current and foreseeable needs. If the public
2629	2629	2467agency determines that the real property is not surplus to its current and foreseeable needs, such
2630	2630	2468public agency shall respond in writing within the 30 day period, specifying the reason for its
2631	2631	2469determination.
2632	2632	2470 (6) Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the General Laws, or
2633	2633	2471any other general or special law to the contrary, the commissioner may amend a use restriction 114 of 126
2634	2634	2472held by the commonwealth for general municipal purposes or any other purpose, except those
2635	2635	2473purposes subject to Article XCVII of the amendments to the constitution of the commonwealth,
2636	2636	2474to include housing purposes.
2637	2637	2475 (c) Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the General Laws, or
2638	2638	2476any other general or special law to the contrary, if the commissioner, in consultation with the
2639	2639	2477secretary and the secretary of housing and livable communities, determines that real property is
2640	2640	2478surplus real property pursuant to paragraph (2) of subsection (b) or the commissioner enters into
2641	2641	2479an agreement with a public agency pursuant to paragraph (4) of said subsection (b), the
2642	2642	2480commissioner shall: (i) provide written notice, for each city or town in which the property is
2643	2643	2481located, to the city manager in the case of a city under Plan E form of government, the mayor
2644	2644	2482and city council in the case of all other cities, the chair of the board of selectmen in the case of a
2645	2645	2483town, the county commissioners, the chair of the zoning board of appeals, the chair of the
2646	2646	2484planning board, the regional planning agency and the members of the general court representing
2647	2647	2485the city or town in which the property is located; provided that such notice shall include a
2648	2648	2486statement that the proposed reuse of the property is for housing purposes, with a date certain for
2649	2649	2487any response that shall be not less than 30 days from the date of such notice; (ii) following the
2650	2650	2488date certain set forth in such notice, declare said real property available for disposition and
2651	2651	2489identify all reuse restrictions, including, but not limited to, a restriction for housing purposes; and
2652	2652	2490(iii) ensure that any deed, lease or other disposition agreement shall set forth all reuse
2653	2653	2491restrictions, including but not limited to, a restriction for housing purposes, provide for effective
2654	2654	2492remedies on behalf of the commonwealth and provide, in the event of a failure to comply with
2655	2655	2493the reuse restrictions by the grantee, lessee or other recipient, that title or such lesser interest as
2656	2656	2494may have been conveyed, may revert to the commonwealth. The commissioner shall, in 115 of 126
2657	2657	2495identifying reuse restrictions for such property, consider in good faith any comments presented
2658	2658	2496by local officials and members of the general court representing each city or town in which the
2659	2659	2497property is located. The commissioner may, in consultation with the secretary of housing and
2660	2660	2498livable communities, include a reversionary clause in any deed that stipulates that if the parcel
2661	2661	2499ceases at any time to be used for housing purposes, title to the parcel shall, at the election of the
2662	2662	2500commonwealth, revert to the commonwealth, which clause may be enforceable notwithstanding
2663	2663	2501the time limit set forth in section 7 of chapter 184A of the General Laws.
2664	2664	2502 (d)(1) The commissioner shall establish the value of surplus real property using
2665	2665	2503customarily accepted appraisal methodologies. The value shall be calculated both for: (i) the
2666	2666	2504highest and best use of the property as may be encumbered, and (ii) subject to uses, restrictions
2667	2667	2505and encumbrances defined by the commissioner. In no instance in which the commonwealth
2668	2668	2506retains responsibility for maintaining the said property shall the terms provide for payment of
2669	2669	2507less than the annual maintenance costs.
2670	2670	2508 (2) Notwithstanding paragraph (1), the commissioner may, in consultation with the
2671	2671	2509secretary and the secretary of housing and livable communities, dispose of surplus real property
2672	2672	2510for nominal consideration; provided, that the surplus real property shall be conveyed with a
2673	2673	2511restriction for affordable housing purposes. The deed or other instrument conveying the surplus
2674	2674	2512real property shall provide that said property shall be used solely for affordable housing purposes
2675	2675	2513and may include a reversionary clause that stipulates that if the parcel ceases at any time to be
2676	2676	2514used for affordable housing purposes, title to the parcel shall, at the election of the
2677	2677	2515commonwealth, revert to the commonwealth. The reversionary clause may be enforceable
2678	2678	2516notwithstanding the time limit set forth in section 7 of chapter 184A of the General Laws. 116 of 126
2679	2679	2517 (3) Notwithstanding paragraph (1), the commissioner may, in consultation with the
2680	2680	2518secretary and the secretary of housing and livable communities, amend a use restriction held by
2681	2681	2519the commonwealth to include housing purposes in accordance with paragraph (6) of subsection
2682	2682	2520(b) for nominal consideration.
2683	2683	2521 (4) Notwithstanding paragraph (1), sections 32 to 37, inclusive, of chapter 7C of the
2684	2684	2522General Laws, or any other general or special law to the contrary, the commissioner may, in
2685	2685	2523consultation with the secretary and the secretary of housing and livable communities, make real
2686	2686	2524property of the commonwealth that has been determined to be surplus to current needs of any
2687	2687	2525state agency but not to foreseeable needs of any state agency pursuant to paragraph (3) of
2688	2688	2526subsection (b) available for a period of time not to extend beyond the foreseeable need of any
2689	2689	2527state agency for housing and related purposes to municipalities, public agencies, as defined in
2690	2690	2528section 1 of said chapter 7C, and non-profit organizations for nominal consideration.
2691	2691	2529 (5) Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the General Laws, or
2692	2692	2530any other general or special law to the contrary, the commissioner may, in consultation with the
2693	2693	2531secretary, the secretary of housing and livable communities and the state agency with care and
2694	2694	2532control of the real property, transfer care and control of real property between state agencies for
2695	2695	2533housing and related purposes.
2696	2696	2534 (e) The commissioner shall, in consultation with the secretary of housing and livable
2697	2697	2535communities, dispose of surplus real property: (1) utilizing appropriate competitive processes
2698	2698	2536and procedures; or (2) through a sales-partnership agreement with the municipality wherein said
2699	2699	2537real property is located; provided, that said agreement shall require the municipality to utilize
2700	2700	2538appropriate competitive processes and procedures; provided, further, that said agreement may 117 of 126
2701	2701	2539require the municipality to conduct said competitive process and select a developer prior to
2702	2702	2540disposition of the real property; provided, further, that the commissioner may transfer the real
2703	2703	2541property directly to the selected developer pursuant to said agreement; and provided, further, that
2704	2704	2542the agreement may provide for payment to the municipality in an amount not to exceed 50 per
2705	2705	2543cent of the net sales price paid to the commonwealth, as determined by the commissioner. Such
2706	2706	2544competitive processes may include, but shall not be limited to, absolute auction, sealed bids and
2707	2707	2545requests for price and development proposals. The commissioner may accept any consideration
2708	2708	2546for surplus real property disposed of pursuant to this section deemed appropriate by the
2709	2709	2547commissioner and the secretary of housing and livable communities. The commissioner shall
2710	2710	2548prioritize disposition of surplus real property for affordable housing purposes.
2711	2711	2549 At least 30 days before the date of an auction or the date on which bids or proposals or
2712	2712	2550other offers to purchase or lease surplus real property are due, the commissioner shall place a
2713	2713	2551notice in the central register published by the state secretary pursuant to section 20A of chapter 9
2714	2714	2552of the General Laws stating the availability of such property, the nature of the competitive
2715	2715	2553process and other information deemed relevant, including the time and location of the auction,
2716	2716	2554the submission of bids or proposals and the opening thereof. The commissioner shall not be
2717	2717	2555required to place said notice if the property is conveyed: (1) to a municipality or developer
2718	2718	2556selected by a municipality in accordance with the first paragraph; or (2) for nominal
2719	2719	2557consideration in accordance with subsection (d).
2720	2720	2558 (f) The commissioner shall place a notice in the central register identifying the
2721	2721	2559municipality, public agency, as defined in section 1 of chapter 7C of the General Laws,
2722	2722	2560individual or firm selected as party to such real property transaction, along with the amount of
2723	2723	2561such transaction. If the commissioner accepts an amount below the value calculated pursuant to 118 of 126
2724	2724	2562subsection (d), the commissioner shall include the justification therefore, specifying the
2725	2725	2563difference between the calculated value and the price received.
2726	2726	2564 (g) No agreement for the sale, lease, transfer or other disposition of surplus real property
2727	2727	2565and no deed, executed by or on behalf of the commonwealth, shall be valid unless such
2728	2728	2566agreement or deed contains the following certification, signed by the commissioner:
2729	2729	2567 “The undersigned certifies under penalties of perjury that I have fully complied with
2730	2730	2568section XX of chapter___ of the acts of 2024 in connection with the property described herein.”
2731	2731	2569 (h) No agreement for the sale, lease, transfer or other disposition of surplus real property
2732	2732	2570shall be valid unless the purchaser or lessee has executed and filed with the commissioner the
2733	2733	2571statement required by section 38 of chapter 7C of the General Laws.
2734	2734	2572 (i) The grantee or lessee of any surplus real property shall be responsible for all costs
2735	2735	2573relating to the conveyance including, but not limited to, appraisals, surveys, plans, recordings
2736	2736	2574and any other expenses, as shall be deemed necessary by the commissioner.
2737	2737	2575 (j) The authority granted pursuant to this section shall expire on June 30, 2030; provided,
2738	2738	2576however, that the commissioner may complete any transaction for which agreements have been
2739	2739	2577signed and delivered on or before June 30, 2030.
2740	2740	2578 (k) The commissioner shall deposit the proceeds realized from any disposition of real
2741	2741	2579property pursuant to this section into the surplus real property disposition fund established
2742	2742	2580pursuant to section 106.
2743	2743	2581 (l) The commissioner may, in consultation with the secretary of housing and livable
2744	2744	2582communities, promulgate regulations to implement this section. 119 of 126
2745	2745	2583 SECTION 105. Notwithstanding chapter 40A of the General Laws, or any other general
2746	2746	2584or special law, or any local zoning ordinance or by-law or any municipal ordinance or by-law to
2747	2747	2585the contrary, a city or town shall permit the residential use of real property conveyed by the
2748	2748	2586commissioner pursuant to this section for housing purposes as of right, as defined in section 1A
2749	2749	2587of chapter 40A of the General Laws, notwithstanding any use limitations otherwise applicable in
2750	2750	2588the zoning district in which the real property is located including, but not limited to, commercial,
2751	2751	2589mixed-use development or industrial uses; provided, however, that such city or town may impose
2752	2752	2590reasonable regulations concerning the bulk and height of structures and determining yard sizes,
2753	2753	2591lot area, setbacks, open space and building coverage requirements; provided, further, that the city
2754	2754	2592or town may require site plan review; and provided, further, that the city or town shall permit no
2755	2755	2593fewer than 4 units of housing per acre. Real property conveyed by the commissioner pursuant to
2756	2756	2594this section shall include, without limitation, the amendment of use restrictions held by the
2757	2757	2595commonwealth to allow for the use of such property for housing purposes. The secretary of
2758	2758	2596housing and livable communities may promulgate regulations to implement this section.
2759	2759	2597 SECTION 106. Notwithstanding any general or special law to the contrary, there shall be
2760	2760	2598a surplus real property disposition fund to retain the proceeds realized from property dispositions
2761	2761	2599pursuant to section 104 to be administered by the secretary of administration and finance.
2762	2762	2600 (a) The fund shall be credited with: (i) the proceeds realized from the disposition of real
2763	2763	2601property and the amendment of use restrictions pursuant to section 104; (ii) any appropriation,
2764	2764	2602grant, gift or other contribution made to the fund; and (iii) any interest earned on money in the
2765	2765	2603fund. Amounts credited to the fund shall not be subject to further appropriation and money
2766	2766	2604remaining in the fund at the end of a fiscal year shall not revert to the General Fund and shall be
2767	2767	2605available for expenditure in the subsequent fiscal year. 120 of 126
2768	2768	2606 (b) Amounts credited to the fund may be: (i) transferred by the secretary to the state
2769	2769	2607agency which had care and control of the land conveyed pursuant to section 104 if the real
2770	2770	2608property was conveyed for fair market value consideration in amount equal to the net proceeds of
2771	2771	2609the disposition; (ii) transferred by the secretary to the state agency which had care and control of
2772	2772	2610the real property conveyed pursuant to section 104 if the real property was conveyed for
2773	2773	2611consideration less than fair market value in amount equal to $10,000 per unit of housing
2774	2774	2612permitted by the city or town in which the real property is located or the net proceeds of the
2775	2775	2613disposition, whichever is greater; (iii) transferred by the secretary to a municipality in accordance
2776	2776	2614with a sales partnership agreement pursuant to said section 104; or (iv) expended for costs
2777	2777	2615associated with the disposition of real property pursuant to said section 104, including, but not
2778	2778	2616limited to, demolition, site preparation and environmental remediation; provided, that, all money
2779	2779	2617transferred to a state agency pursuant to clauses (i) and (ii) shall be expended by said agency for
2780	2780	2618capital facility projects, as defined in section 1 of chapter 7C of the General Laws; and provided,
2781	2781	2619however, that all net proceeds from the disposition of surplus real property of a public agency
2782	2782	2620other than a state agency, as determined by the commissioner of capital asset management and
2783	2783	2621maintenance, shall be transferred to such public agency.
2784	2784	2622 SECTION 107. Notwithstanding any general or special law to the contrary, not later than
2785	2785	2623120 days after the expiration of affordability restrictions on housing units assisted under items
2786	2786	26247004-0070 and 7004-0071 of said section 2, the executive office of housing and livable
2787	2787	2625communities or its assignee, who shall be a qualified developer selected pursuant to the terms of
2788	2788	2626said items 7004-0700 and 7004-0071 under the guidelines of the executive office, shall have an
2789	2789	2627option to purchase any such housing units at their current appraised value, reduced by any
2790	2790	2628remaining obligation of the owner, upon the expiration of the affordability restrictions. The 121 of 126
2791	2791	2629executive office or its assignee shall only purchase or acquire such housing units to preserve or
2792	2792	2630provide affordable housing. The executive office or its assignee shall hold such purchase option
2793	2793	2631for the first 120 days after the expiration of the affordability restrictions. Failure to exercise the
2794	2794	2632purchase option within 120 days after the expiration of the affordability restriction shall
2795	2795	2633constitute a waiver of the purchase option by the executive office or its assignee. Not later than
2796	2796	263430 days after the expiration of an affordability restriction, the owner and the executive office
2797	2797	2635shall each designate a professional in the field of multi-unit residential housing. Each
2798	2798	2636professional shall select an impartial appraiser. Not later than 60 days after the expiration of the
2799	2799	2637affordability restriction, the 2 impartial appraisers shall determine the current appraised value in
2800	2800	2638accordance with recognized professional standards. If there is a difference in the valuations, the
2801	2801	2639valuations shall be added together and divided by 2 to determine the current appraised value of
2802	2802	2640the units. No sale, transfer or other disposition of the property shall be completed until either the
2803	2803	2641purchase option period expires or the owner has been notified, in writing, by the executive office
2804	2804	2642or its assignee that the option will not be exercised. The option shall be exercised only by written
2805	2805	2643notice signed by a designated representative of the executive office or its assignee, mailed to the
2806	2806	2644owner by certified mail at the address specified in the notice of intention and recorded with the
2807	2807	2645registry of deeds or the registry district of the land court of the county in which the affected real
2808	2808	2646property is located, within the option period. If the purchase option has been assigned to a
2809	2809	2647qualified developer selected pursuant to said items 7004-0070 and 7004-7071 of said section 2,
2810	2810	2648the written notice shall state the name and address of the developer and the terms and conditions
2811	2811	2649of the assignment.
2812	2812	2650 Before any sale or transfer or other disposition of housing that the executive office has
2813	2813	2651not previously exercised an option to purchase, an owner shall offer the executive office or its 122 of 126
2814	2814	2652assignee, who shall be a qualified developer selected pursuant to said items- 7004-0070 and
2815	2815	26537004-0071 of said section 2, a first refusal option to meet a bona fide offer to purchase the units.
2816	2816	2654The owner shall provide to the executive office or its assignee written notice by regular and
2817	2817	2655certified mail, return receipt requested, of the owner’s intention to sell, transfer or otherwise
2818	2818	2656dispose of the property. The executive office or its assignee shall hold the first refusal option for
2819	2819	2657the first 120 days after receipt of the owner’s written notice of intent to transfer the property.
2820	2820	2658Failure to respond to the written notice of intent to sell, transfer or otherwise dispose of the
2821	2821	2659property within the 120 day period shall constitute a waiver of the right of first refusal by the
2822	2822	2660executive office. No sale, transfer or other disposition of the property shall be completed until
2823	2823	2661either this first refusal option period has expired or the owner has been notified in writing by the
2824	2824	2662executive office or its assignee that the option will not be exercised. The option shall be
2825	2825	2663exercised only by written notice signed by a designated representative of the executive office or
2826	2826	2664its assignee, mailed to the owner by certified mail at the address specified in the notice of
2827	2827	2665intention and recorded with the registry of deeds or the registry district of the land court of the
2828	2828	2666county in which the affected real property is located, within the option period. If the first refusal
2829	2829	2667option has been assigned to a qualified developer selected pursuant to said items 7004-0070 and
2830	2830	26687004-0071 of said section 2, the written notice shall state the name and address of the developer
2831	2831	2669and the terms and conditions of the assignment.
2832	2832	2670 An affidavit before a notary public that the notice of intent was mailed on behalf of an
2833	2833	2671owner shall conclusively establish the manner and time of the giving of notice to sell, transfer or
2834	2834	2672otherwise dispose of the property. The affidavit and notice that the option shall not be exercised
2835	2835	2673shall be recorded with the registry of deeds or the registry district of the land court in the county
2836	2836	2674in which the affected real property is located. Each notice of intention, notice of exercise of the 123 of 126
2837	2837	2675purchase option or first refusal option and notice that the purchase option or first refusal option
2838	2838	2676shall not be exercised shall contain the name of the recorded owner of the property and a
2839	2839	2677reasonable description of the premises to be sold or converted. Each affidavit signed before a
2840	2840	2678notary public shall have attached to it a copy of the notice of intention to which it relates. The
2841	2841	2679notices of intention shall be mailed to the relevant parties in the care of the keeper of the records
2842	2842	2680for the party in question. Upon notifying the owner in writing of its intention to exercise its
2843	2843	2681purchase option or first refusal option during the 120 day period, the executive office or its
2844	2844	2682assignee shall have an additional 120 days, beginning on the date the purchase option period or
2845	2845	2683first refusal option period expires, to purchase the units. Those time periods may be extended by
2846	2846	2684mutual agreement between the executive office or its assignee and the owner of the property.
2847	2847	2685Any extension agreed upon shall be recorded in the registry of deeds or the registry district of the
2848	2848	2686land court of the county in which the affected real property is located. Within a reasonable time
2849	2849	2687after requesting an extension, the owner shall make available to the executive office or its
2850	2850	2688assignee any information that is reasonably necessary for the executive office to exercise its
2851	2851	2689option.
2852	2852	2690 SECTION 108. Notwithstanding any general or special law to the contrary, a private
2853	2853	2691entity engaged in a construction, development, renovation, remodeling, reconstruction,
2854	2854	2692rehabilitation or redevelopment project receiving funds pursuant to this act shall properly classify
2855	2855	2693individuals employed on the project and shall comply with all laws concerning workers’
2856	2856	2694compensation insurance coverage, unemployment insurance, social security taxes and income
2857	2857	2695taxes with respect to all such employees. All construction contractors engaged by an entity on
2858	2858	2696any such project shall furnish documentation to the appointing authority showing that all 124 of 126
2859	2859	2697employees employed on the project have hospitalization and medical benefits that meet the
2860	2860	2698minimum requirements of the connector established in chapter 176Q of the General Laws.
2861	2861	2699 SECTION 109. Notwithstanding any general or special law to the contrary, the
2862	2862	2700unexpended and unencumbered balances of the bond-funded authorizations in the following
2863	2863	2701accounts shall cease to be available for expenditure 180 days after the effective date of this act:
2864	2864	27023000-0410, 7002-8032, 7004-0049, 7004-0050, 7004-0051, 7004-0052, 7004-0053, 7004-0055,
2865	2865	27037004-0056, 7004-0057, 7004-0058, 7004-0059, 7004-0060, 7004-0061, 7004-0062, 7004-0064,
2866	2866	27047004-0065, 7004-0066, 7004-0067, 7004-8016, 7004-8026.
2867	2867	2705 SECTION 110. To meet the expenditures necessary in carrying out sections 2 through 4,
2868	2868	2706inclusive, the state treasurer shall, upon request of the governor, issue and sell bonds of the
2869	2869	2707commonwealth in an amount to be specified by the governor from time to time but not
2870	2870	2708exceeding, in the aggregate, $4,070,000,000. All bonds issued by the commonwealth as aforesaid
2871	2871	2709shall be designated on their face, The Affordable Homes Act of 2023, and shall be issued for a
2872	2872	2710maximum term of years, not exceeding 30 years, as recommended by the governor in a message
2873	2873	2711to the general court dated October 18, 2023 under section 3 of Article LXII of the Amendments
2874	2874	2712to the Constitution; provided, however, that all such bonds shall be payable not later than June
2875	2875	271330, 2059. All interest and payments on account of principal on such obligations shall be payable
2876	2876	2714from the General Fund. Bonds and interest thereon issued under the authority of this section
2877	2877	2715shall, notwithstanding any other provision of this act, be general obligations of the
2878	2878	2716commonwealth. An amount not to exceed 2 per cent of the authorizations may be expended by
2879	2879	2717the executive office of housing and livable communities for administrative costs directly
2880	2880	2718attributable to the purposes of this act, including costs of clerical and support personnel. The
2881	2881	2719secretary of housing and livable communities shall file an annual spending plan with the fiscal 125 of 126
2882	2882	2720affairs division, the house and senate committees on ways and means, the house and senate
2883	2883	2721committees on bonding, capital expenditures and states assets and the joint committee on
2884	2884	2722housing which details, by subsidiary, all personnel costs and any administrative costs charged to
2885	2885	2723expenditures made pursuant to this act.
2886	2886	2724 SECTION 111. To meet the expenditures necessary in carrying out section 5, the state
2887	2887	2725may elect to issue Commonwealth bonds or utilize future appropriations for this express purpose,
2888	2888	2726subject to the conditions specified in this act and subject to the laws regulating the disbursement
2889	2889	2727of public funds for the fiscal year in which the sums are disbursed. The state treasurer shall, upon
2890	2890	2728request of the governor, issue and sell bonds of the commonwealth in an amount to be specified
2891	2891	2729by the governor from time to time but not exceeding, in the aggregate, $50,000,000. All bonds
2892	2892	2730issued by the commonwealth as aforesaid shall be designated on their face The Affordable
2893	2893	2731Homes Act of 2023, and shall be issued for a maximum term of years, not exceeding 30 years, as
2894	2894	2732recommended by the governor in a message to the general court dated October 18, 2023 under
2895	2895	2733section 3 of Article LXII of the Amendments to the Constitution; provided, however, that all
2896	2896	2734such bonds shall be payable not later than June 30,2059. All interest and payments on account of
2897	2897	2735principal on such obligations shall be payable from the General Fund. Bonds and interest thereon
2898	2898	2736issued under the authority of this section shall, notwithstanding any other provision of this act, be
2899	2899	2737general obligations of the commonwealth. An amount not to exceed 2 per cent of the
2900	2900	2738authorizations may be expended by the executive office of housing and livable communities for
2901	2901	2739administrative costs directly attributable to the purposes of this act, including costs of clerical
2902	2902	2740and support personnel. The secretary of housing and livable communities shall file an annual
2903	2903	2741spending plan with the fiscal affairs division, the house and senate committees on ways and
2904	2904	2742means, the house and senate committees on bonding, capital expenditures and states assets and 126 of 126
2905	2905	2743the joint committee on housing which details, by subsidiary, all personnel costs and any
2906	2906	2744administrative costs charged to expenditures made pursuant to this act.
2907	2907	2745 SECTION 112. Section 13, 27 and 47 shall take effect 180 days from the effective date of
2908	2908	2746this act.
2909	2909	2747 SECTION 113. Sections 21, 22, 24 and 25 shall take effect on January 1, 2025.
2910	2910	2748 SECTION 114. Sections 23 and 26 shall take effect on January 1, 2030.
2911	2911	2749 SECTION 115 Section 106 shall be repealed upon the expiration of section 104, as
2912	2912	2750described in subsection (j) of said section 104, and the expenditure or transfer of all funds from
2913	2913	2751the surplus real property disposition fund. The secretary of administration and finance shall file
2914	2914	2752with the state secretary a notice which shall state the effective date of the repeal.