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Massachusetts House Bill H4726

Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H4726 Compare Versions

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11 1 of 177
22 FILED ON: 6/5/2024
33 HOUSE . . . . . . . . . . . . . . . No. 4726
44 House, No. 4707, as changed by the committee on Bills in the Third Reading, and as amended
55 and passed to be engrossed by the House. June 5, 2024.
66 The Commonwealth of Massachusetts
77 _______________
88 In the One Hundred and Ninety-Third General Court
99 (2023-2024)
1010 _______________
1111 An Act relative to the Affordable Homes Act.
1212 Whereas, The deferred operation of this act would tend to defeat its purpose, which is to
1313 authorize forthwith the financing of the production and preservation of housing for low and
1414 moderate income citizens of the commonwealth and to make related changes in certain laws,
1515 therefore it is hereby declared to be an emergency law, necessary for the immediate preservation
1616 of the public convenience.
1717 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
1818 of the same, as follows:
1919 1 SECTION 1. To provide for a capital outlay program to rehabilitate, produce and
2020 2modernize state-aided public housing developments; to preserve the affordability and the income
2121 3mix of state-assisted multifamily developments; to support home ownership and rental housing
2222 4opportunities for low and moderate income citizens; to stem urban blight through the
2323 5implementation of housing stabilization programs; to support housing production for the elderly,
2424 6disabled and homeless; to preserve housing for the elderly, the homeless and low and moderate
2525 7income citizens and persons with disabilities; to develop facilities for licensed early care and
2626 8education and out of school time programs; and to promote economic reinvestment through the
2727 9funding of infrastructure improvements, the sums set forth in sections 2 to 2B, inclusive for the 2 of 177
2828 10several purposes and subject to the conditions specified in this act, are hereby made available
2929 11subject to the laws regulating the disbursement of public funds.
3030 12 SECTION 2.
3131 13 EXECUTIVE OFFICE OF EDUCATION
3232 14 Department of Early Education and Care
3333 15 3000-0411For the purpose of state financial assistance in the form of grants for the
3434 16Early Education and Out of School Time Capital Fund for the development of eligible facilities
3535 17for licensed early care and education and out of school time programs established in section 18
3636 18of chapter 15D of the General Laws; provided, that the department of early education and care
3737 19may contract with quasi-public or non-profit entities to administer the program, including, but
3838 20not limited to, the Community Economic Development Assistance Corporation established in
3939 21chapter 40H of the General Laws; provided further, that the department may develop or finance
4040 22eligible facilities, may enter into subcontracts with nonprofit organizations established pursuant
4141 23to chapter 180 of the General Laws or organizations in which such nonprofit corporations have a
4242 24controlling financial or managerial interest; provided further, that the department shall consider:
4343 25(i) a balanced geographic plan for such eligible facilities when issuing the funding commitments;
4444 26and (ii) funding large group and school age child care centers, as defined by the department;
4545 27provided further, that the services made available pursuant to such grants shall not be construed
4646 28as a right or entitlement for any individual or class of persons to the benefits financing; provided
4747 29further, that no expenditure shall be made from this item without the prior approval of the
4848 30secretary of administration and finance; and provided further, that eligibility shall be established 3 of 177
4949 31by regulations promulgated by the department pursuant to chapter 30A of the General Laws for
5050 32the implementation, administration and enforcement of this item............................... $50,000,000
5151 33 EXECUTIVE OFFICE OF HOUSING AND LIVABLE COMMUNITIES
5252 34 Office of the Secretary
5353 35 7004-0069For a program of loans or grants to assist homeowners or tenants with a
5454 36household member with blindness or severe disabilities in making modifications to their primary
5555 37residence for the purpose of improving accessibility or to allow such individuals to live
5656 38independently in the community or for construction costs to allow for the building of an
5757 39accessory unit, which shall mean a unit constructed as an additional dwelling unit separate from
5858 40the primary dwelling unit, for a person with disabilities or an elder needing assistance with
5959 41activities of daily living; provided, that not more than 10 per cent shall be used for grants to
6060 42assist landlords seeking to make modifications for a current or prospective tenant with
6161 43disabilities, who but for such a grant would be unable to maintain or secure permanent housing;
6262 44provided further, that the secretary of housing and livable communities and the secretary of
6363 45health and human services shall take all steps necessary to minimize the program’s
6464 46administrative costs; provided further, that the secretary of health and human services may
6565 47contract with quasi-public or non-profit entities to administer the program, including, but not
6666 48limited to, the Community Economic Development Assistance Corporation established in
6767 49chapter 40H of the General Laws; provided further, that the program shall be available pursuant
6868 50to income eligibility standards approved by the secretary of health and human services; provided
6969 51further, that the repayment of the loans may be delayed until the sale of the principal residence
7070 52by the homeowner; provided further, that persons residing in a development covered by section 4 4 of 177
7171 53of chapter 151B of the General Laws shall not be eligible for the program unless the owner can
7272 54show that the modification is an undue financial burden or that the landlord is participating in the
7373 55grant program to maintain or secure housing for a tenant with disabilities; provided further, that
7474 56the secretary of health and human services shall consult with the Massachusetts commission for
7575 57the blind and the Massachusetts rehabilitation commission to develop rules, regulations and
7676 58guidelines for the program; provided further, that nothing in this item shall give rise to
7777 59enforceable legal rights in any party or an enforceable entitlement to services; provided further,
7878 60that funds expended from this item shall, to the maximum extent feasible, be prioritized for
7979 61projects that comply with decarbonization and sustainability standards; provided further, that
8080 62prioritization shall be determined through objective scoring criteria in the Qualified Allocation
8181 63Plan developed by the executive office of housing and livable communities; provided further,
8282 64that for new construction projects, the standards set forth in the commonwealth’s Opt-in
8383 65Specialized Energy Code in 225 CMR 22.00 and 23.00 and the Enterprise Green Communities
8484 66standards shall be the applicable standards for prioritization; provided further, that any project
8585 67proposing less than full compliance with said standards shall provide detailed analysis
8686 68demonstrating why full compliance would render the project infeasible notwithstanding
8787 69utilization of all available federal and state incentives, including rebates and tax credits; provided
8888 70further, that for retrofits of existing units, prioritization shall be given to projects that include
8989 71energy efficiency and electrification decarbonization measures, including, but not limited to
9090 72electric or ground source heat pumps, net-zero developments, Passive House or equivalent
9191 73energy efficiency certification, and all-electric buildings and projects that incorporate green,
9292 74sustainable and climate-resilient elements; provided further, that projects that include lower
9393 75embodied carbon construction materials and methods shall be further prioritized; and provided 5 of 177
9494 76further, that the secretary of housing and livable communities shall submit quarterly reports to
9595 77the house and senate committees on ways and means, the joint committee on bonding, capital
9696 78expenditures and state assets and the joint committee on housing detailing the status of the
9797 79program established in this item................................................................................... $60,000,000
9898 80 7004-0070For state financial assistance in the form of loans for the development of
9999 81community-based housing or supportive housing for individuals with mental illness and
100100 82individuals with intellectual disabilities; provided, that the loan program shall be administered by
101101 83the executive office of housing and livable communities through contracts with 1 or more of the
102102 84following agencies: the Massachusetts Development Finance Agency established in chapter 23G
103103 85of the General Laws, the Community Economic Development Assistance Corporation
104104 86established in chapter 40H of the General Laws, operating agencies established pursuant to
105105 87chapter 121B of the General Laws and the Massachusetts Housing Finance Agency established
106106 88in chapter 708 of the acts of 1966; provided further, that those agencies may develop or finance
107107 89community-based housing or supportive housing or may enter into subcontracts with nonprofit
108108 90organizations, established pursuant to chapter 180 of the General Laws, or organizations in
109109 91which such nonprofit corporations have a controlling financial or managerial interest or for-profit
110110 92organizations; provided, however, that preference for the subcontracts shall be given to nonprofit
111111 93organizations; provided further, that the executive office shall consider a balanced geographic
112112 94plan for such community-based housing or supportive housing when issuing the loans; provided
113113 95further, that the executive office shall consider development of a balanced range of housing
114114 96models by prioritizing funds for integrated housing as defined by the appropriate housing and
115115 97service agencies, including, but not limited to, the executive office of housing and livable
116116 98communities, the department of mental health and the department of developmental services, in 6 of 177
117117 99consultation with relevant and interested clients, clients’ families, advocates and other parties as
118118 100necessary; provided further, that loans issued pursuant to this item shall: (i) not exceed 50 per
119119 101cent of the financing of the total development costs; (ii) not be issued unless a contract or
120120 102agreement for the use of the property for such housing provides for repayment to the
121121 103commonwealth at the time of disposition of the property if such property will no longer be
122122 104subject to a recorded deed restriction pursuant to clause (iii) of this item; provided, however, that
123123 105such repayment shall be in an amount equal to the commonwealth’s proportional contribution
124124 106from the Facilities Consolidation Fund to the cost of the development through payments made by
125125 107the state agency making the contract; provided further, that such repayment shall not be required
126126 108if the executive office of housing and livable communities, in consultation with the department
127127 109of mental health and the department of developmental services, determines that relevant clients
128128 110will be better served at an alternative property and the proceeds from the disposition of the
129129 111property will be used, to the extent necessary for replacement of the housing at the property, for
130130 1121 or more of the following purposes: (A) to acquire such alternative property; or (B) to
131131 113rehabilitate such alternative property; (iii) not be issued unless the contract or agreement for the
132132 114use of the property for the purposes of such housing provides for the recording of a deed
133133 115restriction in the registry of deeds or the registry district of the land court of the county in which
134134 116the real property is located, for the benefit of the executive office and the departments, running
135135 117with the land, that the land shall be used to provide community-based housing or supportive
136136 118housing for eligible individuals as determined by the department of mental health and the
137137 119department of developmental services; provided, however, that the property shall not be released
138138 120from such restriction unless: (A) the balance of the principal and interest for the loan has been
139139 121repaid in full; (B) a mortgage foreclosure deed has been recorded; or (C) the executive office of 7 of 177
140140 122housing and livable communities has determined, pursuant to clause (ii) of this item, that
141141 123repayment to the commonwealth is not required; (iv) be issued for a term not to exceed 30 years,
142142 124during which time repayment may be deferred by the loan issuing authority; provided, however,
143143 125that if on the date the loans become due and payable to the commonwealth, an outstanding
144144 126balance exists and if, on such date, the executive office, in consultation with the executive office
145145 127of health and human services, determines that there still exists a need for such housing and that
146146 128there is continued funding available for the provision of services to such development, the
147147 129executive office may, by agreement with the owner of the development, extend the loans for
148148 130such periods, each period not to exceed 10 years, as the executive office shall determine;
149149 131provided further, that the project, whether at the original property, or at an alternative property
150150 132pursuant to clause (ii) of this item, shall remain affordable housing for the duration of the loan
151151 133term, including any extension thereof, as set forth in the contract or agreement entered into by
152152 134the executive office; provided further, that in the event the terms of repayment detailed in this
153153 135item would cause a project authorized by this item to become ineligible to receive federal
154154 136financial assistance which would otherwise assist in the development of that project, the
155155 137executive office may waive the terms of repayment which would cause the project to become
156156 138ineligible; and (v) have interest rates fixed at a rate, to be determined by the executive office, in
157157 139consultation with the state treasurer; provided further, that the loans shall be provided only for
158158 140projects conforming to this item; provided further, that the loans shall be issued in accordance
159159 141with a facilities consolidation plan prepared by the secretary of health and human services,
160160 142reviewed and approved by the executive office and filed with the secretary of administration and
161161 143finance, the house and senate committees on ways and means, the joint committee on bonding,
162162 144capital expenditures and state assets and the joint committee on housing; provided further, that 8 of 177
163163 145no expenditure shall be made from this item without the prior approval of the secretary of
164164 146administration and finance; provided further, that the executive office of housing and livable
165165 147communities, the department of mental health and the Community Economic Development
166166 148Assistance Corporation may identify appropriate financing mechanisms and guidelines for grants
167167 149or loans from this item to promote private development to produce housing, to provide for
168168 150independent integrated living opportunities, to write down building and operating costs and to
169169 151serve households at or below 15 per cent of the area median income for the benefit of department
170170 152of mental health clients; provided further, that funds expended from this item shall, to the
171171 153maximum extent feasible, be prioritized for projects that comply with decarbonization and
172172 154sustainability standards; provided further, that prioritization shall be determined through
173173 155objective scoring criteria in the Qualified Allocation Plan developed by the executive office of
174174 156housing and livable communities; provided further, that for new construction projects, the
175175 157standards set forth in the commonwealth’s Opt-in Specialized Energy Code in 225 CMR 22.00
176176 158and 23.00 and the Enterprise Green Communities standards shall be the applicable standards for
177177 159prioritization; provided further, that any project proposing less than full compliance with said
178178 160standards shall provide detailed analysis demonstrating why full compliance would render the
179179 161project infeasible notwithstanding utilization of all available federal and state incentives,
180180 162including rebates and tax credits; provided further, that for retrofits of existing units,
181181 163prioritization shall be given to projects that include energy efficiency and electrification
182182 164decarbonization measures, including, but not limited to electric or ground source heat pumps,
183183 165net-zero developments, Passive House or equivalent energy efficiency certification, and all-
184184 166electric buildings and projects that incorporate green, sustainable and climate-resilient elements;
185185 167provided further, that projects that include lower embodied carbon construction materials and 9 of 177
186186 168methods shall be further prioritized; provided further, that not more than $10,000,000 may be
187187 169expended from this item for a pilot program of community-based housing or supportive housing
188188 170loans to serve mentally ill homeless individuals in the current or former care of the department of
189189 171mental health; provided further, that in implementing the pilot program, the executive office
190190 172shall consider a balanced geographic plan when establishing community-based residences;
191191 173provided further, that the housing services made available pursuant to such loans shall not be
192192 174construed as a right or an entitlement for any individual or class of persons to the benefits of the
193193 175pilot program; provided further, that eligibility for the pilot program shall be established by
194194 176regulations promulgated by the executive office; and provided further, that the executive office
195195 177shall promulgate regulations under chapter 30A of the General Laws to implement, administer
196196 178and enforce this item, consistent with the facilities consolidation plan prepared by the secretary
197197 179of health and human services and after consultation with the secretary and the commissioner of
198198 180capital asset management and
199199 181maintenance...................................................................................................................$70,000,000
200200 182 7004-0071For state financial assistance in the form of loans for the development and
201201 183redevelopment of community-based housing or supportive housing for persons with disabilities
202202 184who are institutionalized or at risk of being institutionalized and who are not eligible for housing
203203 185developed pursuant to item 7004-0070; provided, that the loan program shall be administered by
204204 186the executive office of housing and livable communities, through contracts with the
205205 187Massachusetts Development Finance Agency established in chapter 23G of the General Laws,
206206 188the Community Economic Development Assistance Corporation established in chapter 40H of
207207 189the General Laws, operating agencies established pursuant to chapter 121B of the General Laws
208208 190and the Massachusetts Housing Finance Agency established in chapter 708 of the acts of 1966; 10 of 177
209209 191provided further, that the agencies may develop or finance community-based housing or
210210 192supportive housing or may enter into subcontracts with nonprofit organizations established
211211 193pursuant to chapter 180 of the General Laws or organizations in which such nonprofit
212212 194corporations have a controlling financial or managerial interest or for-profit organizations;
213213 195provided, however, that preference for such subcontracts shall be given to nonprofit
214214 196organizations; provided further, that the executive office shall consider a balanced geographic
215215 197plan for such community-based housing or supportive housing when issuing the loans; provided
216216 198further, that all housing developed with these funds shall be integrated housing as defined by the
217217 199appropriate state housing and service agencies, including, but not limited to, the executive office,
218218 200the executive office of health and human services and the Massachusetts rehabilitation
219219 201commission, in consultation with relevant and interested clients, clients’ families, advocates and
220220 202other parties as necessary; provided further, that loans issued pursuant to this item shall: (i) not
221221 203exceed 50 per cent of the financing of the total development costs; (ii) not be issued unless a
222222 204contract or agreement for the use of the property for the purposes of such housing provides for
223223 205repayment to the commonwealth at the time of disposition of the property if such property will
224224 206no longer be subject to a recorded deed restriction pursuant to clause (iii) of this item; provided,
225225 207however, that such repayment shall be in an amount equal to the commonwealth’s proportional
226226 208contribution from community-based housing to the cost of the development through payments
227227 209made by the state agency making the contract; provided further, that such repayment shall not be
228228 210required if the executive office of housing and livable communities, in consultation with the
229229 211Massachusetts rehabilitation commission, determines that relevant clients will be better served at
230230 212an alternative property and the proceeds from the disposition of the property will be used, to the
231231 213extent necessary for replacement of the housing at the property, for 1 or both of the following 11 of 177
232232 214purposes: (A) to acquire such alternative property; or (B) to rehabilitate such alternative
233233 215property; (iii) not be issued unless a contract or agreement for the use of the property for the
234234 216purposes of such community-based housing or supportive housing provides for the recording of a
235235 217deed restriction in the registry of deeds or the registry district of the land court of the county in
236236 218which the real property is located, for the benefit of the executive office, running with the land,
237237 219that the land shall be used to provide community-based housing or supportive housing for
238238 220eligible individuals as determined by the Massachusetts rehabilitation commission or other
239239 221agency of the executive office of health and human services; provided, however, that the
240240 222property shall not be released from such restrictions unless: (A) the balance of the principal and
241241 223interest for the loan has been repaid in full; (B) a mortgage foreclosure deed has been recorded;
242242 224or (C) the executive office of housing and livable communities has determined, pursuant to
243243 225clause (ii) of this item, that repayment to the commonwealth is not required; (iv) be issued for a
244244 226term not to exceed 30 years during which time repayment may be deferred by the loan issuing
245245 227authority; provided, however, that if on the date the loans become due and payable to the
246246 228commonwealth, an outstanding balance exists and if, on that date, the executive office, in
247247 229consultation with the executive office of health and human services, determines that there still
248248 230exists a need for such housing, the executive office may, by agreement with the owner of the
249249 231development, extend the loans for such periods, each period not to exceed 10 years, as the
250250 232executive office shall determine; provided further, that the project, whether at the original
251251 233property or at an alternative property pursuant to clause (ii) of this item, shall continue to remain
252252 234affordable housing for the duration of the loan term, including any extensions thereof, as set
253253 235forth in the contract or agreement entered into by the executive office; provided, however, that in
254254 236the event the terms of repayment detailed in this item would cause a project authorized by this 12 of 177
255255 237item to become ineligible to receive federal financial assistance, which would otherwise assist in
256256 238the development of that project, the executive office may waive the terms of repayment which
257257 239would cause the project to become ineligible; and (v) have interest rates fixed at a rate, to be
258258 240determined by the executive office, in consultation with the state treasurer; provided further, the
259259 241loans shall be provided only for projects conforming to this item; provided further, that the loans
260260 242shall be issued in accordance with an enhancing community-based services plan prepared by the
261261 243secretary of health and human services, in consultation with the executive office and filed with
262262 244the secretary of administration and finance, the house and senate committees on ways and means,
263263 245the joint committee on bonding, capital expenditures and state assets and the joint committee on
264264 246housing; provided further, that funds expended from this item shall, to the maximum extent
265265 247feasible, be prioritized for projects that comply with decarbonization and sustainability
266266 248standards; provided further, that prioritization shall be determined through objective scoring
267267 249criteria in the Qualified Allocation Plan developed by the executive office of housing and livable
268268 250communities; provided further, that for new construction projects, the standards set forth in the
269269 251commonwealth’s Opt-in Specialized Energy Code in 225 CMR 22.00 and 23.00 and the
270270 252Enterprise Green Communities standards shall be the applicable standards for prioritization;
271271 253provided further, that any project proposing less than full compliance with said standards shall
272272 254provide detailed analysis demonstrating why full compliance would render the project infeasible
273273 255notwithstanding utilization of all available federal and state incentives, including rebates and tax
274274 256credits; provided further, that for retrofits of existing units, prioritization shall be given to
275275 257projects that include energy efficiency and electrification decarbonization measures, including,
276276 258but not limited to, electric or ground source heat pumps, net-zero developments, Passive House
277277 259or equivalent energy efficiency certification and all-electric buildings and projects that 13 of 177
278278 260incorporate green, sustainable and climate-resilient elements; provided further, that projects that
279279 261include lower embodied carbon construction materials and methods shall be further prioritized;
280280 262provided further, that no expenditure shall be made from this item without the prior approval of
281281 263the secretary of administration and finance; and provided further, that the executive office shall
282282 264promulgate regulations pursuant to chapter 30A of the General Laws for the implementation,
283283 265administration and enforcement of this item, consistent with the enhancing community-based
284284 266services plan prepared by the secretary of health and human services after consultation with the
285285 267secretary and the commissioner of capital asset management and
286286 268maintenance...................................................................................................................$55,000,000
287287 269 7004-0072For the capitalization of the Affordable Housing Trust Fund established in
288288 270section 2 of chapter 121D of the General Laws; provided, that funds expended from this item
289289 271shall, to the maximum extent feasible, be prioritized for projects that comply with
290290 272decarbonization and sustainability standards; provided further, that prioritization shall be
291291 273determined through objective scoring criteria in the Qualified Allocation Plan developed by the
292292 274executive office of housing and livable communities; provided further, that for new construction
293293 275projects, the standards set forth in the commonwealth’s Opt-in Specialized Energy Code in 225
294294 276CMR 22.00 and 23.00 and the Enterprise Green Communities standards shall be the applicable
295295 277standards for prioritization; provided further, that any project proposing less than full compliance
296296 278with said standards shall provide detailed analysis demonstrating why full compliance would
297297 279render the project infeasible notwithstanding utilization of all available federal and state
298298 280incentives, including rebates and tax credits; provided further, that for retrofits of existing units,
299299 281prioritization shall be given to projects that include energy efficiency and electrification
300300 282decarbonization measures, including, but not limited to, electric or ground source heat pumps, 14 of 177
301301 283net-zero developments, Passive House or equivalent energy efficiency certification and all-
302302 284electric buildings and projects that incorporate green, sustainable and climate-resilient elements;
303303 285provided further, that projects that include lower embodied carbon construction materials and
304304 286methods shall be further prioritized; provided further, that not more than $50,000,000 of the
305305 287funds made available in this item may be used to create and maintain opportunities for
306306 288homeownership for first time homebuyers; provided further, that funds shall be expended to
307307 289create and enhance access to homeownership in order to foster long-term benefits for housing
308308 290security, health and economic outcomes and to address a systemic homeownership gap in
309309 291socially disadvantaged communities and among targeted populations; provided further, that
310310 292funds may be expended for down payment assistance programs, mortgage insurance programs
311311 293and mortgage interest subsidy programs administered by the Massachusetts Housing Finance
312312 294Agency and the Massachusetts Housing Partnership; and provided further, that funds may be
313313 295expended to first-time homebuyer counseling and financial literacy
314314 296programs.................................................................................................................$800,000,000
315315 297 7004-0073For state financial assistance in the form of grants or loans for the Housing
316316 298Stabilization and Investment Trust Fund established in section 2 of chapter 121F of the General
317317 299Laws and awarded only pursuant to the criteria established in said section 2 of said chapter 121F;
318318 300provided, that not less than 25 per cent shall be used to fund projects which preserve and produce
319319 301housing for families and individuals with incomes of not more than 30 per cent of the area
320320 302median income, as defined by the United States Department of Housing and Urban
321321 303Development; provided further, that if the executive office of housing and livable communities
322322 304has not spent the amount authorized under the bond cap for this program, at the end of each
323323 305calendar year following the effective date of this act, the executive office may award the 15 of 177
324324 306remaining funds to projects that serve households earning more than 30 per cent of the area
325325 307median income, as defined by the United States Department of Housing and Urban
326326 308Development; provided further, that funds expended from this item shall, to the maximum extent
327327 309feasible, be prioritized for projects that comply with decarbonization and sustainability
328328 310standards; provided further, that prioritization shall be determined through objective scoring
329329 311criteria in the Qualified Allocation Plan developed by the executive office of housing and livable
330330 312communities; provided further, that for new construction projects, the standards set forth in the
331331 313commonwealth’s Opt-in Specialized Energy Code in 225 CMR 22.00 and 23.00 and the
332332 314Enterprise Green Communities standards shall be the applicable standards for prioritization;
333333 315provided further, that any project proposing less than full compliance with said standards shall
334334 316provide detailed analysis demonstrating why full compliance would render the project infeasible
335335 317notwithstanding utilization of all available federal and state incentives, including rebates and tax
336336 318credits; provided further, that for retrofits of existing units, prioritization shall be given to
337337 319projects that include energy efficiency and electrification decarbonization measures, including,
338338 320but not limited to, electric or ground source heat pumps, net-zero developments, Passive House
339339 321or equivalent energy efficiency certification and all-electric buildings and projects that
340340 322incorporate green, sustainable and climate-resilient elements; and provided further, that projects
341341 323that include lower embodied carbon construction materials and methods shall be further
342342 324prioritized..................................................................................................................$425,000,000
343343 325 7004-0074For state financial assistance in the form of grants for projects undertaken
344344 326pursuant to clause (j) of section 26 of chapter 121B of the General Laws; provided, that contracts
345345 327entered into by the executive office of housing and livable communities for those projects may
346346 328include, but shall not be limited to, projects providing for renovation, remodeling, reconstruction, 16 of 177
347347 329redevelopment and hazardous material abatement, including asbestos and lead paint, and for
348348 330compliance with state codes and laws and for adaptations necessary for compliance with the
349349 331federal Americans with Disabilities Act of 1990, the provision of day care facilities, learning
350350 332centers and teen service centers and the adaptation of units for families and persons with
351351 333disabilities; provided further, that priority shall be given to projects undertaken for the purpose of
352352 334compliance with state codes and laws or for other purposes related to the health and safety of
353353 335residents; provided further, that funds may be expended from this item to make such
354354 336modifications to congregate housing units as may be necessary to increase the occupancy rate of
355355 337such units; provided further, that the executive office shall continue to fund a program to provide
356356 338predictable funds to be used flexibly by housing authorities for capital improvements to extend
357357 339the useful life of state-assisted public housing; provided further, that not less than 25 per cent of
358358 340the funds made available in this item shall be used to fund projects which preserve or produce
359359 341housing for families and individuals with incomes of not more than 30 per cent of the area
360360 342median income, as defined by the United States Department of Housing and Urban
361361 343Development; provided further, that not less than $99,000,000 shall be expended by the Boston
362362 344Housing Authority for the development of replacement public housing and additional new
363363 345housing on the Faneuil Gardens site owned by the Boston Housing Authority between Faneuil
364364 346street and North Beacon street, Boston Parcel ID 2202616000, in the city of Boston and the
365365 347adjacent parcel at the southeast corner of North Beacon street and Goodenough street, Boston
366366 348Parcel ID 2202627000, in the city of Boston; provided further, that not less than $15,000,000 of
367367 349the funds made available in this item shall be used to increase accessibility of state-aided public
368368 350housing for persons with disabilities; provided further, that not more than $150,000,000 of the
369369 351funds made available in this item may be used to fund projects that include sustainability 17 of 177
370370 352initiatives to reduce greenhouse gas emissions and make progress towards decarbonization
371371 353through energy efficiency and electrification decarbonization measures, including, but not
372372 354limited to, electric or ground source heat pumps, net-zero developments, Passive House or
373373 355equivalent energy efficiency certification and all-electric buildings and projects that incorporate
374374 356green, sustainable and climate-resilient elements; provided further, that projects that include
375375 357lower embodied carbon construction materials and methods shall be further prioritized; and
376376 358provided further, that funds made available in this item shall, to the extent feasible, be used in
377377 359accordance with the Massachusetts state hazard mitigation and climate adaptation
378378 360plan....................................................................................................................$2,000,000,000
379379 361 7004-0075For state financial assistance in the form of grants for a demonstration
380380 362program, administered by the executive office of housing and livable communities, to
381381 363demonstrate cost effective revitalization methods for state-aided family and elderly-disabled
382382 364public housing that seek to reduce the need for future state modernization funding; provided, that
383383 365housing authorities with state-aided housing developments pursuant to chapter 200 of the acts of
384384 3661948, chapter 667 of the acts of 1954, chapter 705 of the acts of 1966, chapter 689 of the acts of
385385 3671974 or chapter 167 of the acts of 1987 shall be eligible to participate in the demonstration
386386 368program; provided further, that the executive office may exempt a recipient of demonstration
387387 369grants from the requirements of chapters 7C and 121B of the General Laws upon a showing by
388388 370the recipient that such exemptions are necessary to accomplish the effective revitalization of
389389 371public housing and shall not adversely affect public housing residents or applicants of any
390390 372income who are otherwise eligible; provided further, that the executive office may provide to
391391 373recipients of demonstration grants such additional regulatory relief as may be required to further
392392 374the objectives of the demonstration program; provided further, that funds may be made available 18 of 177
393393 375for technical assistance provided by the Community Economic Development Assistance
394394 376Corporation established in chapter 40H of the General Laws or the Massachusetts Housing
395395 377Partnership Fund established in section 35 of chapter 405 of the acts of 1985 to recipients of
396396 378demonstration grants and for evaluation of the demonstration; provided further, that the
397397 379executive office’s regulations for the implementation, administration and enforcement of this
398398 380item shall: (i) require that selected housing authorities demonstrate innovative and replicable
399399 381solutions to the management, marketing or capital needs of state-aided family and elderly-
400400 382disabled public housing developments and contribute to the continued viability of the housing as
401401 383a resource for public housing eligible residents; (ii) encourage proposals that demonstrate
402402 384regional collaborations among housing authorities; and (iii) encourage proposals for new
403403 385affordable housing units on municipally-owned land, underutilized public housing sites or other
404404 386land owned by the housing authority; provided further, that funds expended from this item shall,
405405 387to the maximum extent feasible, be prioritized for projects that comply with decarbonization and
406406 388sustainability standards; provided further, that prioritization shall be determined through
407407 389objective scoring criteria in the Qualified Allocation Plan developed by the executive office of
408408 390housing and livable communities; provided further, that for new construction projects, the
409409 391standards set forth in the commonwealth’s Opt-in Specialized Energy Code in 225 CMR 22.00
410410 392and 23.00 and the Enterprise Green Communities standards shall be the applicable standards for
411411 393prioritization; provided further, that any project proposing less than full compliance with said
412412 394standards shall provide detailed analysis demonstrating why full compliance would render the
413413 395project infeasible notwithstanding utilization of all available federal and state incentives,
414414 396including rebates and tax credits; provided further, that for retrofits of existing units,
415415 397prioritization shall be given to projects that include energy efficiency and electrification 19 of 177
416416 398decarbonization measures, including, but not limited to, electric or ground source heat pumps,
417417 399net-zero developments, Passive House or equivalent energy efficiency certification, and all-
418418 400electric buildings and projects that incorporate green, sustainable and climate-resilient elements;
419419 401and provided further, that projects that include lower embodied carbon construction materials
420420 402and methods shall be further prioritized .....................................................................$200,000,000
421421 403 7004-0076For state financial assistance in the form of grants or loans for the Housing
422422 404Innovations Trust Fund established in section 2 of chapter 121E of the General Laws; provided,
423423 405that not less than 25 per cent of the funds made available in this item shall be used to fund
424424 406projects which preserve and produce housing for families and individuals with incomes of not
425425 407more than 30 per cent of the area median income, as defined by the United States Department of
426426 408Housing and Urban Development; provided further, that funds expended from this item shall, to
427427 409the maximum extent feasible, be prioritized for projects that comply with decarbonization and
428428 410sustainability standards; provided further, that prioritization shall be determined through
429429 411objective scoring criteria in the Qualified Allocation Plan developed by the executive office of
430430 412housing and livable communities; provided further, that for new construction projects, the
431431 413standards set forth in the commonwealth’s Opt-in Specialized Energy Code in 225 CMR 22.00
432432 414and 23.00 and the Enterprise Green Communities standards shall be the applicable standards for
433433 415prioritization; provided further, that any project proposing less than full compliance with said
434434 416standards shall provide detailed analysis demonstrating why full compliance would render the
435435 417project infeasible notwithstanding utilization of all available federal and state incentives,
436436 418including rebates and tax credits; provided further, that for retrofits of existing units,
437437 419prioritization shall be given to projects that include energy efficiency and electrification
438438 420decarbonization measures, including, but not limited to, electric or ground source heat pumps, 20 of 177
439439 421net-zero developments, Passive House or equivalent energy efficiency certification, and all-
440440 422electric buildings and projects that incorporate green, sustainable and climate-resilient elements;
441441 423and provided further, that projects that include lower embodied carbon construction materials
442442 424and methods shall be further prioritized…..................................................................$200,000,000
443443 425 7004-0078For state financial assistance in the form of no interest loans, grants,
444444 426subsidies, credit enhancements and other financial assistance for innovative, sustainable and
445445 427green housing initiatives; provided, that entities eligible to receive financial assistance under this
446446 428item shall include qualified for-profit or non-profit developers, community development
447447 429corporations, local housing authorities, community action agencies, community-based or
448448 430neighborhood-based non-profit housing organizations, other non-profit organizations and for-
449449 431profit entities, and governmental bodies; provided further, that funds may be used to assist units
450450 432occupied by and affordable to persons with incomes not more than 110 per cent of the area
451451 433median income, as defined by the United States Department of Housing and Urban Development
452452 434with priority given to projects that provide higher and deeper levels of affordability; provided
453453 435further, that not less than 25 per cent of the occupants of housing in projects assisted by this item
454454 436shall be persons whose income is not more than 60 per cent of the area median income, as
455455 437defined by the United States Department of Housing and Urban Development; provided further,
456456 438that financial assistance shall be awarded in a manner that promotes geographic, social, racial
457457 439and economic equity; provided further, that funds expended from this item shall, to the
458458 440maximum extent feasible, be prioritized for projects that comply with decarbonization and
459459 441sustainability standards; provided further, that prioritization shall be determined through
460460 442objective scoring criteria in the Qualified Allocation Plan developed by the executive office of
461461 443housing and livable communities; provided further, that for new construction projects, the 21 of 177
462462 444standards set forth in the commonwealth’s Opt-in Specialized Energy Code in 225 CMR 22.00
463463 445and 23.00 and the Enterprise Green Communities standards shall be the applicable standards for
464464 446prioritization; provided further, that any project proposing less than full compliance with said
465465 447standards shall provide detailed analysis demonstrating why full compliance would render the
466466 448project infeasible notwithstanding utilization of all available federal and state incentives,
467467 449including rebates and tax credits; provided further, that for retrofits of existing units,
468468 450prioritization shall be given to projects that include energy efficiency and electrification
469469 451decarbonization measures, including, but not limited to, electric or ground source heat pumps,
470470 452net-zero developments, Passive House or equivalent energy efficiency certification, and all-
471471 453electric buildings and projects that incorporate green, sustainable and climate-resilient elements;
472472 454provided further, that projects that include lower embodied carbon construction materials and
473473 455methods shall be further prioritized; provided further, that financial assistance under this item
474474 456shall be for the following purposes: (a) to accelerate and support innovative strategies for the
475475 457production of affordable and mixed-income housing developments and other market
476476 458transformation activities, including, but not limited to: (i) re-use of commercial space, office
477477 459space, and underutilized state- or locally-controlled land or assets, including, but not limited to,
478478 460brownfield or greyfield sites, or other property that the secretary of housing and livable
479479 461communities has determined is suitable for sustainable residential or mixed-use development; (ii)
480480 462modular construction, manufactured housing, and other innovative housing models that offer
481481 463development or operating cost savings, utilize advanced and applied technologies, provide
482482 464efficiencies to help accelerate production and that incorporate energy efficiency or energy
483483 465conservation into their design, construction or rehabilitation; (iii) accessory dwelling units and
484484 466co-housing models; and (iv) other market transformation efforts to be determined by the 22 of 177
485485 467executive office of housing and livable communities, which may include, but not be limited to,
486486 468any pilot program or demonstration program that is consistent with the purposes of this item;
487487 469provided further, that such strategies may include a mixed income social housing pilot program
488488 470in which a local or regional housing authority or other public or quasi-public entity maintains
489489 471majority ownership or control of such housing; (b) to accelerate and support the creation of low-
490490 472income and moderate-income residential housing units and mixed use developments that include
491491 473both residential housing units and commercial or retail space in close proximity to transit nodes
492492 474or within neighborhood commercial areas, including, but not limited to, those areas designated as
493493 475main street areas and rural villages; provided, that the program shall be administered to: (i)
494494 476maximize the amount of affordable residential and mixed-use space in close proximity to transit
495495 477nodes or within neighborhood commercial areas, resulting in higher density, compact
496496 478development and pedestrian-friendly, inclusive and connected neighborhoods; (ii) increase mass
497497 479transit ridership; (iii) decrease traffic congestion and reduce greenhouse gas emissions; and (iv)
498498 480increase economic opportunity for disadvantaged populations by making it easier for residents of
499499 481affordable housing to access public transportation, including transportation supporting commutes
500500 482to employment centers; provided further, that the program may be administered to include
501501 483projects which have residential units above commercial space located in areas characterized by a
502502 484predominance of commercial land uses, a high daytime or business population or a high
503503 485concentration of daytime traffic and parking, provided, that the financial subsidy for the
504504 486commercial portion of a project shall not exceed the lower of 25 per cent of the total
505505 487development cost of the commercial portion of the project or $1,000,000; provided further, that
506506 488the executive office may provide financial support to non-profit and for-profit developers that
507507 489enter into binding agreements to set aside residential units in existing market-rate, transit- 23 of 177
508508 490oriented housing, over and above any units required to be set aside under local zoning or
509509 491approvals, for rent or sale to income-qualified households at affordable rents or sale prices, as
510510 492applicable; and (c) to accelerate and support the creation and preservation of sustainable and
511511 493climate resilient affordable multifamily housing; provided, that such financial assistance shall be
512512 494made to: (i) incorporate efficient, sustainable and climate resilient design practices in affordable
513513 495residential development to support positive climate mitigation outcomes; (ii) reduce greenhouse
514514 496gas emissions and reliance on fossil fuels; (iii) increase resiliency of existing housing
515515 497developments to mitigate impacts of climate change, including flooding and extreme
516516 498temperatures; and (iv) enhance emergency preparedness, including sustainable means of power
517517 499generation to allow for sheltering vulnerable populations in place; provided further, that financial
518518 500assistance provided pursuant to clause (a) or clause (c) may be administered by the executive
519519 501office of housing and livable communities through contracts with the Massachusetts Housing
520520 502Partnership Fund, established in section 35 of chapter 405 of the acts of 1985, or the
521521 503Massachusetts Housing Finance Agency, established in chapter 708 of the acts of 1966, or both,
522522 504which may, as the case may be, directly offer financial assistance for the purposes set forth
523523 505herein or may enter into subcontracts with non-profit organizations, established pursuant to
524524 506chapter 180 of the General Laws for those purposes; provided further, that financial assistance
525525 507provided pursuant to clause (b) may be administered by the executive office through contracts
526526 508with said Massachusetts Housing Partnership Fund; and provided further, that the executive
527527 509office of housing and livable communities or an administering agency under contract with the
528528 510executive office may establish additional program requirements through regulations or policy
529529 511guidelines............................................................................................................$275,000,000 24 of 177
530530 512 7004-0080For the Middle-Income Housing Fund administered by the Massachusetts
531531 513Housing Finance Agency............................................................................................ $200,000,000
532532 514 SECTION 2A.
533533 515 EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
534534 516 Office of the Secretary
535535 517 1100-2518For costs associated with planning and studies, the preparation of plans
536536 518and specifications, demolition, remediation, construction and relocation of utilities, construction
537537 519and reconstruction of infrastructure, predevelopment, and site preparation; provided, that any
538538 520funds received by a state agency in connection with projects funded from this item may be
539539 521retained by the executive office for administration and finance and expended for the purposes of
540540 522the project, without further appropriation, in addition to the amounts appropriated in this item;
541541 523provided further, that where appropriate, the commissioner of capital asset management and
542542 524maintenance may transfer funds authorized herein in accordance with a delegation of project
543543 525control and supervision process pursuant to section 5 of chapter 7C of the General Laws or for
544544 526the capitalization of the surplus real property disposition fund established in section 107; and
545545 527provided further, that funds from this item shall be distributed in furtherance of affordable
546546 528housing production goals and availability of sites suitable for construction or expansion of
547547 529housing opportunities in the commonwealth in consultation with the secretary of housing and
548548 530livable communities...................................................................................................... $30,000,000
549549 531 1599-1953For local housing initiatives; provided, that not less than $1,000,000 shall
550550 532be expended for the Northern Bristol County Assistance Collaborative, Inc. for development
551551 533costs for the Attleboro affordable senior housing project; provided further, that not less than 25 of 177
552552 534$1,000,000 shall be expended for a new connector road in Shrewsbury for new housing units;
553553 535provided further, that not less than $500,000 shall be expended for Holyoke housing authority for
554554 536phase III of South Holyoke homes; provided further, that not less than $100,000 shall be
555555 537expended for the Care drive senior housing project in the town of Erving; provided further, that
556556 538not less than $500,000 shall be expended for Worcester property insurance cancellation repair
557557 539program; provided further, that not less than $100,000 shall be expended for a feasibility study to
558558 540explore affordable housing opportunities in the town of Orange; provided further, that not less
559559 541than $100,000 shall be expended for a feasibility study to explore affordable housing
560560 542opportunities in the town of Winchendon; provided further, that not less than $300,000 shall be
561561 543expended for the removal or securing of blighted or abandoned property on sites to be used for
562562 544affordable, senior, or mixed-use housing in the town of Athol; provided further, that not less than
563563 545$100,000 shall be expended for the removal or securing of blighted or abandoned property on
564564 546sites to be used for affordable, senior, or mixed-use housing in the town of Orange; provided
565565 547further, that not less than $1,000,000 shall be expended for the renovation of Cassilas Farm for
566566 548affordable housing units in New Marlborough; provided further, that not less than $100,000 shall
567567 549be expended for a feasibility study of St. Martin Hall on the property of Shakespeare and
568568 550Company located in the town of Lenox; provided further, that not less than $5,000,000 shall be
569569 551expended for seasonal supportive housing for the non-profit creative economy in Berkshire
570570 552county; provided further, that not less than $500,000 shall be expended for capital improvements
571571 553to the Revere housing authority; provided further, that not less than $200,000 shall be expended
572572 554for the Revere housing authority gold star families public housing development; provided
573573 555further, that not less than $4,000,000 shall be expended for the construction of a new entrance
574574 556and exit ramp on route 1 for safety improvements and planned access to Malden, Revere and the 26 of 177
575575 557overlook development which includes mixed income housing; provided further, that not less than
576576 558$1,000,000 shall be expended for the demolition of the former Winthrop middle school to
577577 559facilitate the development of a mixed-use property including 55 plus housing; provided further,
578578 560that not less than $500,000 shall be expended for capital improvements to the Tyngsborough
579579 561housing authority; provided further, that not less than $500,000 shall be expended for capital
580580 562improvements to the Dracut housing authority; provided further, that not less than $250,000 shall
581581 563be expended to the Shrewsbury housing authority for capital improvements; provided further,
582582 564that not less than $100,000 shall be expended for the design, permitting and construction of a
583583 565road in Bellingham connecting North Main street and Mechanic street to improve access
584584 566between the downtown community and the Massachusetts Bay Transit Authority terminal link by
585585 567improving road infrastructure to allow for 550 new units of housing; provided further, that not
586586 568less than $1,000,000 shall be expended to the Malden housing authority for repairs to the
587587 569Springdale elderly-disabled public housing facility; provided further, that not less than
588588 570$1,000,000 shall be expended for the Malden housing authority for critical infrastructure repairs
589589 571to the Forestdale elderly-disabled public housing facility; provided further, that not less than
590590 572$500,000 shall be expended for the YWCA Malden for renovations to units within its residency
591591 573program for low-income women; provided further, that not less than $500,000 shall be expended
592592 574for the North Star Family Services, Inc.'s journey home family housing in Leominster; provided
593593 575further, that not less than $1,000,000 shall be expended for Clear Path for Veterans New
594594 576England, Inc. veterans housing in Leominster; provided further, that not less than $250,000 shall
595595 577be expended for the Lunenburg housing authority to improve and renovate site conditions in
596596 578Lunenburg; provided further, that not less than $2,000,000 shall be expended for the
597597 579Neighborhood of Affordable Housing, Inc. for the restoration and production of housing at the 27 of 177
598598 580Union Block building in Taunton; provided further, that not less than $500,000 shall be
599599 581expended for NewVue Communities, Inc. redevelopment, renovation and or repurposing of
600600 582underutilized properties; provided further, that not less than $1,000,000 shall be expended for the
601601 583permitting and engineering costs associated with establishing a connection to the Massachusetts
602602 584water resources authority for the town of Walpole through the town of Norwood; provided
603603 585further, that not less than $2,000,000 shall be expended for the city of Fitchburg to assist with the
604604 586redevelopment, renovation and site improvement of underutilized properties to provide
605605 587additional housing capacity; provided further, that not less than $250,000 shall be expended for
606606 588the Townsend housing authority to improve and renovate site conditions in Townsend; provided
607607 589further, that not less than $100,000 shall be expended for the town of Mansfield for development
608608 590in the parkway from North Main street and Chauncy street; provided further, that not less than
609609 591$2,000,000 shall be expended for the Worcester affordable housing trust fund; provided further,
610610 592that not less than $750,000 shall be expended for improvements to the West Boylston housing
611611 593authority; provided further, that not less than $250,000 shall be expended for the Groton housing
612612 594authority to improve and renovate site conditions in Groton; provided further, that not less than
613613 595$250,000 shall be expended to the Pepperell housing authority to improve and renovate site
614614 596conditions in Pepperell; provided further, that not less than $2,000,000 shall be expended for the
615615 597WHEAT Community Connections’ housing project in the town of Clinton; provided further, that
616616 598not less than $250,000 shall be expended to the town of Ashby to improve and renovate site
617617 599conditions in Ashby; provided further, that not less than $1,000,000 shall be expended for
618618 600improvements to the Leicester housing authority; provided further, that not less than $1,000,000
619619 601shall be expended for facility upgrades at Menotomy Manor and the Arlington housing authority;
620620 602provided further, that not less than $250,000 shall be expended to the affordable housing trust 28 of 177
621621 603fund in Dunstable to improve and renovate site conditions in Dunstable; provided further, that
622622 604not less than $1,000,000 shall be expended for elevator replacement at Chestnut Manor in the
623623 605town of Arlington; provided further, that not less than $500,000 shall be expended for fire alarm
624624 606upgrades at the Arlington housing authority; provided further, that not less than $350,000 shall
625625 607be expended for the Worcester housing authority to renovate and preserve affordable units on
626626 608Oberlin street; provided further, that not less than $10,000,000 shall be expended for the
627627 609Springfield housing authority; provided further, that not less than $500,000 shall be expended for
628628 610Meryl's Safe Haven Inc. to complete and operate supportive housing for youth aging out of the
629629 611foster care system; provided further, that not less than $500,000 shall be expended for the design
630630 612of the Belmont housing authority’s expansion project; provided further, that not less than
631631 613$1,000,000 shall be expended in 5 equal amounts over a consecutive 5 year period to the
632632 614Merrimack Valley Housing Partnership, Inc. to support an affordable home ownership pilot
633633 615program to bring down mortgage rates and to increase affordability for qualifying first time
634634 616home buyers purchasing a home in the city of Lowell; provided further, that not less than
635635 617$1,000,000 shall be expended for Inquilinos Boricuas en Acción, Inc. for redevelopment of 2 San
636636 618Juan street in the city of Boson for the conversion from office space to 44 units of affordable
637637 619housing; provided further, that not less than $1,000,000 shall be expended for the Sudbury
638638 620housing trust to develop affordable housing; provided further, that not less than $500,000 shall
639639 621be expended for the Lincoln affordable housing trust to acquire and maintain affordable housing;
640640 622provided further, that not less than $1,000,000 shall be expended for Inquilinos Boricuas en
641641 623Acción, Inc. to redevelop 403 Shawmut avenue in the city of Boston; provided further, that not
642642 624less than $50,000 shall be expended to the Norwell housing authority to improve and renovate
643643 625site conditions in Norwell; provided further, that not less than $2,000,000 shall be expended for 29 of 177
644644 626the expansion of the Massachusetts water resources authority services to municipalities
645645 627bordering the Wachusett reservoir; provided further, that not less than $50,000 shall be expended
646646 628to the Hanson housing authority to improve and renovate site conditions in Hanson; provided
647647 629further, that not less than $50,000 shall be expended for capital improvements to the Charlton
648648 630housing authority; provided further, that not less than $50,000 shall be expended for capital
649649 631improvements at the Dudley housing authority; provided further, that not less than $75,000 shall
650650 632be expended for capital improvements at the Webster housing authority; provided further, that
651651 633not less than $100,000 shall be expended for building upgrades and improvements at the West
652652 634Brookfield housing authority; provided further, that not less than $75,000 shall be expended for
653653 635capital improvements at the Douglas housing authority; provided further, that not less than
654654 636$75,000 shall be expended for improvements at the Sutton housing authority; provided further,
655655 637that not less than $75,000 shall be expended for capital improvements at the Oxford housing
656656 638authority; provided further, that not less than $1,000,000 shall be expended to the North Shore
657657 639Community Development Corporation for costs associated with the el centro project; provided
658658 640further, that not less than $1,500,000 shall be expended to the city of Worcester to create safe
659659 641and supportive housing programming; provided further, that not less than $500,000 shall be
660660 642expended to the city of Worcester’s elder housing repair program to address deferred
661661 643maintenance concerns and housing code violations at elder-owner occupied residential
662662 644properties; provided further, that not less than $1,500,000 shall be expended for the Watertown
663663 645housing authority for the willow park family public housing development; provided further, that
664664 646not less than $1,000,000 shall be expended to the Norwood housing authority; provided further,
665665 647that not less than $200,000 shall be expended for improvements and other costs for safe,
666666 648affordable housing and supportive services at the Merrimack Valley YMCA; provided further, 30 of 177
667667 649that not less than $100,000 shall be expended to the town of Marshfield for site evaluation,
668668 650assessment and preliminary design of the 25 acre Oak street parcel for multi-family housing;
669669 651provided further, that not less than $200,000 shall be expended for the housing assistance
670670 652program at the Greater Lawrence Community Action Council, Inc.; provided further, that not
671671 653less than $30,000 shall be expended to the town of Marshfield for updates to the existing
672672 654Marshfield housing production plan; provided further, that not less than $2,000,000 shall be
673673 655expended for a joint housing development by the Gardner housing authority, Templeton housing
674674 656authority and Winchendon housing authority that focuses on senior citizen housing; provided
675675 657further, that not less than $500,000 shall be expended to the town of Scituate to convert the old
676676 658Gates middle school into senior housing; provided further, that not less than $5,000,000 shall be
677677 659expended to the city of Boston for the affordable housing component of the redevelopment of the
678678 660Boston water and sewer commission parking lots in Roxbury; provided further, that not less than
679679 661$500,000 shall be expended for the Grafton housing authority for building upgrades and general
680680 662improvements; provided further, that not less than $500,000 shall be expended to the
681681 663Northbridge housing authority for building upgrades and improvements; provided further, that
682682 664not less than $25,900 shall be expended for Scituate to update its affordable housing plan;
683683 665provided further, that not less than $1,000,000 shall be expended for the Melrose housing
684684 666authority to make repairs to CJ McCarthy and Julian Steele facilities; provided further, that not
685685 667less than $500,000 shall be expended for the Southborough housing authority for the purchase,
686686 668acquisition, development and site preparation of new affordable housing projects; provided
687687 669further, that not less than $500,000 shall be expended for the Northborough housing authority for
688688 670capital improvement projects and other projects; provided further, that not less than $500,000
689689 671shall be expended for the Westborough affordable housing trust for capital improvements and 31 of 177
690690 672new housing production; provided further, that not less than $1,000,000 shall be expended to
691691 673Hearth Inc. for vital capital repairs across their various properties in the city of Boston; provided
692692 674further, that not less than $1,500,000 shall be expended to and disbursed equally among the local
693693 675housing authorities of the towns of Canton, Stoughton and Avon for capital improvements to
694694 676public housing properties; provided further, that not less than $500,000 shall be expended to the
695695 677Upton housing authority for building upgrades and general improvements; provided further, that
696696 678not less than $500,000 shall be expended for veteran preference housing in the city of Fall
697697 679River; provided further, that not less than $400,000 shall be expended for supportive housing for
698698 680homeless in the city of Fall River; provided further, that not less than $500,000 shall be
699699 681expended to the Winchester housing authority for the planning, design, renovation, maintenance
700700 682or construction of housing; provided further, that not less than $500,000 shall be expended for
701701 683the replacement of shingles and new siding for the Nashmont development of the New Bedford
702702 684housing authority; provided further, that not less than $1,000,000 shall be expended for the
703703 685Wakefield housing authority for the development of the Hurd school into affordable housing for
704704 686persons with disabilities; provided further, that not less than $500,000 shall be expended for
705705 687required utility upgrades at the New Bedford housing authority; provided further, that not less
706706 688than $500,000 shall be expended for the demolition of the existing building and construction of a
707707 689parking deck at 1204 Purchase street in New Bedford; provided further, that not less than
708708 690$50,000 shall be expended for the Topsfield housing authority for power washing and
709709 691renovations at Little Brook Village in Topsfield; provided further, that not less than $6,100,000
710710 692shall be expended for the Brockton yards project in the city of Brockton; provided further, that
711711 693not less than $500,000 shall be expended for the Stoneham housing authority for the planning,
712712 694design, renovation, maintenance or construction of housing; provided further, that not less than 32 of 177
713713 695$500,000 shall be expended for the Amherst municipal affordable housing trust for planning the
714714 696development of affordable housing projects; provided further, that not less than $2,000,000 shall
715715 697be expended for modernization and retrofitting at the West Broadway apartments in the South
716716 698Boston section of Boston; provided further, that not less than $1,000,000 shall be expended for
717717 699the Amherst housing authority for maintenance or capital improvements; provided further, that
718718 700not less than $25,000 shall be expended to expended to the town of Wayland to assist the town
719719 701with Chapter 40B monitoring costs; provided further, that not less than $1,000,000 shall be
720720 702expended for improvements to properties under the control of the Wayland housing authority;
721721 703provided further, that not less than $1,000,000 shall be expended for modernization and
722722 704retrofitting of the state-assisted South street apartments in the Jamaica Plain section of the
723723 705Boston; provided further, that not less than $2,000,000 shall be expended for the deep energy
724724 706retrofit of the federally-assisted Mildred C. Hailey apartments in the Jamaica Plain neighborhood
725725 707in Boston; provided further, that not less than $500,000 shall be expended for maintenance or
726726 708capital improvements at Granby housing authority; provided further, that not less than
727727 709$1,000,000 shall be expended for the Natick housing authority; provided further, that not less
728728 710than $1,000,000 shall be expended for the Amherst housing authority to implement clean energy
729729 711modifications on properties in Amherst; provided further, that not less than $2,000,000 shall be
730730 712expended for the modernization of the Mary Ellen McCormack development; provided further,
731731 713that not less than $6,000 shall be expended for security cameras at St. Joseph Community, Inc.;
732732 714provided further, that not less than $250,000 shall be expended for the North Reading housing
733733 715authority; provided further, that not less than $3,000,000 shall be expended for the Needham
734734 716housing authority construction costs of affordable housing units at Linden street in Needham;
735735 717provided further, that not less than $250,000 shall be expended for the Lynnfield housing 33 of 177
736736 718authority; provided further, that not less than $3,000,000 shall be expended for the Franklin
737737 719bridge senior housing project in Franklin; provided further, that not less than $1,000,000 shall be
738738 720expended for the Chelmsford housing authority for the redevelopment of the Chelmsford Arms
739739 721senior housing complex; provided further, that not less than $2,000,000 shall be expended for the
740740 722comprehensive modernization and redevelopment of the federally-assisted heritage apartments in
741741 723Boston; provided further, that not less than $500,000 shall be expended for a grant program for
742742 724municipalities that endeavor to establish local offices of housing stability to help tenants in
743743 725housing crises including, but not limited to, unaffordability, fire, natural disaster, eviction or
744744 726condemnation; provided further, that not less than $2,000,000 shall be expended for the
745745 727construction of the transit-oriented development connector parkway in Mansfield from north
746746 728main street to Chauncy street; provided further, that not less than $1,000,000 shall be expended
747747 729for the Resilience Hub in Northampton; provided further, that not less than $2,000,000 shall be
748748 730expended for modernizing the special needs and state-assisted scattered site public housing in
749749 731Boston; provided further, that not less than $50,000 shall be expended for capital improvements
750750 732to the Westfield housing authority; provided further, that not less than $5,000,000 shall be
751751 733expended for the Brooke house, treehouse, and Harvard house projects at the Boston state
752752 734hospital in Boston; provided further, that not less than $2,000,000 shall be expended for the
753753 735state-assisted Gallivan apartments; provided further, that not less than $1,000,000 shall be
754754 736expended for the Brookline housing authority to upgrade kitchens to all-electric appliances;
755755 737provided further, that not less than $200,000 shall be expended for the Brookline Community
756756 738Development Corporation for the development of at least 8 units of affordable housing; provided
757757 739further, that not less than $50,000 shall be expended for an initial survey to develop land for
758758 740affordable housing in Southampton; provided further, that not less than $2,000,000 shall be 34 of 177
759759 741expended for the redevelopment of the federally-assisted Bunker hill apartments in Charlestown;
760760 742provided further, that not less than $100,000 shall be expended to the Abington housing authority
761761 743for building upgrades; provided further, that not less than $500,000 shall be expended to Pioneer
762762 744Valley Habitat for Humanity for the construction of a warehouse for the purpose of expanding
763763 745affordable housing in the Connecticut river valley; provided further, that not less than $100,000
764764 746shall be expended to the Whitman housing authority for building for building upgrades; provided
765765 747further, that not less than $100,000 shall be expended to the East Bridgewater housing authority
766766 748for building upgrades and general improvements; provided further, that not less than $3,000,000
767767 749shall be expended for the redevelopment of the federally-assisted Patricia White apartments in
768768 750the Brighton section of the city of Boston; provided further, that not less than $100,000 shall be
769769 751expended for improvements to the Auburn housing authority; provided further, that not less than
770770 752$100,000 shall be expended for improvements to the Millbury housing authority; provided
771771 753further, that not less than $100,000 shall be expended for improvements to the Leicester housing
772772 754authority; provided further, that not less than $500,000 shall be expended to the Springfield
773773 755housing authority for security camera improvements at the riverview complex; provided further,
774774 756that not less than $10,000,000 shall be expended for grants and loans to developers with not
775775 757more than $2,000,000 in assets under management to facilitate affordable housing production in
776776 758gateway municipalities; provided further, that not less than $1,500,000 shall be expended for the
777777 759Thatcher street project in the city of Brockton; provided further, that not less than $500,000 shall
778778 760be expended to the town of Shutesbury for testing and filtration equipment associated with
779779 761residential wells contaminated by per- and polyfluoroalkyl substances; provided further, that not
780780 762less than $1,000,000 shall be expended to the town of Ludlow for the purpose of planning, pre-
781781 763development, and site preparation for certain buildings located at 63 Chestnut street and 54 35 of 177
782782 764Windsor street to be used for affordable, senior, or mixed-use housing; provided further, that not
783783 765less than $2,500,000 shall be expended for the affordable housing project of the Austin street
784784 766parking lots in the Charlestown neighborhood in the city of Boston; provided further, that not
785785 767less than $500,000 shall be expended for veteran preference housing in the city of Lowell;
786786 768provided further, that not less than $4,000,000 shall be expended for affordable housing
787787 769production for seniors, veterans and persons with disabilities in the town of Braintree; provided
788788 770further, that not less than $2,500,000 shall be expended for housing modernization, water and
789789 771sewage improvements and retrofit of the Fairmount apartments in the Hyde Park neighborhood
790790 772of the city of Boston; provided further, that not less than $500,000 shall be expended to the
791791 773Springfield Tower Square, LLC for a net-zero clean energy mixed-use residential development at
792792 7741500 Main street in the city of Springfield; provided further, that not less than $500,000 shall be
793793 775expended to HLRE Development, LLC for the conversion of the board of trade block building
794794 776into affordable and mixed-use housing in the city of Springfield; provided further, that not less
795795 777than $3,000,000 shall be expended for the creation of supportive housing for those with mental
796796 778health and substance abuse disorders in the city of Boston; provided further, that not less than
797797 779$2,000,000 shall be expended to the town of Middleton for infrastructure improvements on route
798798 780114; provided further, that not less than $10,000,000 shall be expended for the Lawrence housing
799799 781authority for infrastructure and maintenance repairs; provided further, that not less than
800800 782$1,000,000 shall be expended for the city of Haverhill as bridge funding for shovel ready
801801 783housing projects; provided further, that not less than $500,000 shall be expended to the Haverhill
802802 784housing authority 335 Groveland supportive housing project; provided further, that not less than
803803 785$5,000,000 shall be expended to the city of Boston to support the acquisition of tenanted housing
804804 786for the purposes of stabilization tenancies and converting such property into permanent 36 of 177
805805 787affordable housing; provided further, that not less than $1,000,000 shall be expended to provide
806806 788permanent supportive housing for formerly homeless individuals at the 41 LaGrange street
807807 789project in the city of Boston; provided further, that not less than $1,500,000 shall be expended
808808 790for the New Bedford small developer go fund; provided further, that not less than $1,000,000
809809 791shall be expended for the International Veterans Care Services Inc for the veterans safe haven
810810 792project; provided further, that not less than $1,500,000 shall be expended for the New Bedford
811811 793office of housing and community development to provide financial assistance for development
812812 794costs of converting commercial to residential housing; provided further, that not less than
813813 795$2,000,000 shall be expended for roadway improvements to increase access to new housing units
814814 796in the town of Rowley; provided further, that not less than $500,000 shall be expended for the
815815 797Brockton housing authority for the planning, design, renovation, maintenance or construction of
816816 798housing; provided further, that not less than $500,000 shall be expended for the Salem affordable
817817 799housing trust fund; provided further, that not less than $1,000,000 shall be expended for the West
818818 800Springfield housing authority for capital improvement projects and upgrades; provided further,
819819 801that not less than $100,000 shall be expended for a site identification feasibility study for artist
820820 802housing for the Barrington Stage Company, Inc. and Berkshire Theatre Group, Inc. in the city of
821821 803Pittsfield; provided further, that not less than $500,000 shall be expended to the city of
822822 804Greenfield for affordable, senior or mixed-use housing; provided further, that not less than
823823 805$500,000 shall be expended to Rural Development, Inc. for technical assistance; provided
824824 806further, that not less than $1,000,000 shall be expended to Revitalization Effort Toward New
825825 807Urbanism, Inc for the production of more than 100 affordable housing units at Merrimack street
826826 808corridor in the city of Lowell; provided further, that not less than $5,000,000 shall be expended
827827 809for the Suffolk Downs project in the city of Boston and the city of Revere; provided further, that 37 of 177
828828 810not less than $1,000,000 shall be expended to the city of Everett for 4 to 8 affordable housing
829829 811units; provided further, that not less than $5,000,000 shall be expended for the transit-orientated
830830 812development mixed-use housing project at Riverside station; provided further, that not less than
831831 813$2,000,000 shall be expended for the comprehensive modernization of the state-assisted Franklin
832832 814field apartments in the Dorchester section of the city of Boston; and provided further, that not
833833 815less than $700,000 shall be expended for East Boston Community Development Corporation for
834834 816repairs and maintenance of income-restricted and subsidized rental
835835 817properties…………………………………………………………..……………$196,986,900
836836 818 1599-3032 For costs associated with expanding the capacity of the Massachusetts
837837 819Water Resources Authority to serve new cities and towns identified in expansion feasibility
838838 820studies conducted by the authority and published in October 2022 pursuant to item 1599-2032 of
839839 821chapter 102 of the acts of 2021; provided, that the authority shall prioritize expansion
840840 822opportunities with a focus on increasing housing capacity in the commonwealth and improving
841841 823drinking water quality for cities and towns with water supplies contaminated by per- and
842842 824polyfluoroalkyl substances; and provided further, that annually, not later than March 14, the
843843 825authority shall submit a report to the secretary of the executive office for administration and
844844 826finance, the secretary of the executive office of housing and livable communities, the house and
845845 827senate committees on ways and means and the joint committee on housing that shall include: (i)
846846 828the amount of funds allocated in the current fiscal year’s capital improvement program for the
847847 829purposes contained in this item; (ii) a summary of the authority’s outreach efforts, including the
848848 830cities and towns that are interested in joining the authority’s service area; (iii) the timeline and
849849 831implementation process of proposed expansions; and (iv) barriers to proposed
850850 832expansions………………………………………………………………..…….. $1,000,000,000 38 of 177
851851 833 EXECUTIVE OFFICE OF HOUSING AND LIVABLE COMMUNITIES
852852 834 Office of the Secretary
853853 835 7004-0077For a local capital projects grant program to support and encourage
854854 836implementation of the housing choice designation for communities that have demonstrated
855855 837housing production and adoption of housing best practices, including a grant program to assist
856856 838MBTA communities in complying with the multi-family zoning requirement in section 3A of
857857 839chapter 40A of the General Laws..................................................................................$50,000,000
858858 840 7004-0079For the Smart Growth Housing Trust Fund established in section 35AA of
859859 841chapter 10 of the General Laws.................................................................................... $20,000,000
860860 842 7004-0081For a reserve to support the production of for-sale, below-market housing
861861 843to expand homeownership opportunities for first-time homebuyers and socially and economically
862862 844disadvantaged individuals; provided, that grants and loans to developers shall be used to
863863 845facilitate production of affordable homeownership units for households earning up to 120 per
864864 846cent of the area median income; provided further, that projects with units restricted to households
865865 847earning not more than 80 per cent of the area median income shall receive preference; provided
866866 848further, that funds expended from this item shall, to the maximum extent feasible, be prioritized
867867 849for projects that comply with decarbonization and sustainability standards; provided further, that
868868 850prioritization shall be determined through objective scoring criteria in the Qualified Allocation
869869 851Plan developed by the executive office of housing and livable communities; provided further,
870870 852that for new construction projects, the standards set forth in the commonwealth’s Opt-in
871871 853Specialized Energy Code in 225 CMR 22.00 and 23.00 and the Enterprise Green Communities
872872 854standards shall be the applicable standards for prioritization; provided further, that any project 39 of 177
873873 855proposing less than full compliance with said standards shall provide detailed analysis
874874 856demonstrating why full compliance would render the project infeasible notwithstanding
875875 857utilization of all available federal and state incentives, including rebates and tax credits; provided
876876 858further, that for retrofits of existing units, prioritization shall be given to projects that include
877877 859energy efficiency and electrification decarbonization measures, including, but not limited to,
878878 860electric or ground source heat pumps, net-zero developments, Passive House or equivalent
879879 861energy efficiency certification, and all-electric buildings and projects that incorporate green,
880880 862sustainable and climate-resilient elements; provided further, that projects that include lower
881881 863embodied carbon construction materials and methods shall be further prioritized; provided
882882 864further, that the minimum number of units for qualifying projects under the program shall be 10
883883 865units; provided further, that funds in this item shall be distributed in a manner that promotes
884884 866geographic equity; provided further, that grants may include a requirement for matching funds;
885885 867provided further, that the executive office of housing and livable communities may enter into
886886 868such contracts and agreements with the Massachusetts Housing Finance Agency, or such other
887887 869public agencies and instrumentalities as it may determine, for the administration of such
888888 870program; and provided further, that not more than 5 per cent of this item shall be used for the
889889 871reasonable costs of administering the program............................................................$100,000,000
890890 872 7004-0082For grants and technical assistance to be made to municipalities and
891891 873regional applicants to support planning and locally-driven initiatives related to community
892892 874development, housing production, workforce training and economic opportunity, childcare and
893893 875early education initiatives and climate resilience initiatives, including nature-based solutions
894894 876projects, that incorporate these elements, across the commonwealth within individual
895895 877communities, regions or a defined subset of communities therein; provided, that funds may be 40 of 177
896896 878expended for culturally-competent and multi-lingual technical assistance and training to small
897897 879businesses; provided further, that preference for funds shall be given to businesses located in
898898 880low- or moderate-income areas and owned by women, veterans, minorities or immigrants; and
899899 881provided further, that grants shall be awarded in a manner that promotes geographic
900900 882equity..............................................................................................................................$25,000,000
901901 883 7004-0083For the HousingWorks infrastructure program established by section 27½
902902 884of chapter 23B of the General Laws............................................................................$175,000,000
903903 885 7004-0085For state financial assistance to cities and towns or agencies, boards,
904904 886commissions, authorities, departments or instrumentalities thereof or community development
905905 887corporations or non-profit organizations to assist in the revitalization of neighborhoods and
906906 888communities with properties in blighted or substandard conditions by subsidizing the purchase
907907 889price, borrowing costs or costs of demolition or renovation projects of up to 50 units of
908908 890residential rental housing or 1 to 4 units of home ownership residential housing that have been
909909 891cited for building or sanitary code violations or that are subject to cancellation of commercial
910910 892property insurance due to substandard property conditions or are otherwise blighted or
911911 893substandard; provided, that contracts entered into by the executive office of housing and livable
912912 894communities for those projects may include, but shall not be limited to, projects providing for
913913 895demolition, renovation, remodeling, reconstruction, redevelopment and hazardous material
914914 896abatement, including asbestos and lead paint, and for compliance with state codes and laws and
915915 897for adaptations necessary for compliance with the federal Americans with Disabilities Act of
916916 8981990; provided further, that preference shall be given to community development corporations
917917 899and local non-profit organizations, organizations sponsoring projects that secure private funds
918918 900and projects with the greatest impact on community stabilization in weak markets, including, but 41 of 177
919919 901not limited to, rural communities and communities that have been disproportionately affected by
920920 902disinvestment, foreclosure and abandonment; provided further, that financial assistance shall be
921921 903awarded in a manner that promotes geographic, social, racial and economic equity; provided
922922 904further, that funds expended from this item shall, to the maximum extent feasible, be prioritized
923923 905for projects that comply with decarbonization and sustainability standards; provided further, that
924924 906prioritization shall be determined through objective scoring criteria in the Qualified Allocation
925925 907Plan developed by the executive office of housing and livable communities; provided further,
926926 908that for new construction projects, the standards set forth in the commonwealth’s Opt-in
927927 909Specialized Energy Code in 225 CMR 22.00 and 23.00 and the Enterprise Green Communities
928928 910standards shall be the applicable standards for prioritization; provided further, that any project
929929 911proposing less than full compliance with said standards shall provide detailed analysis
930930 912demonstrating why full compliance would render the project infeasible notwithstanding
931931 913utilization of all available federal and state incentives, including rebates and tax credits; provided
932932 914further, that for retrofits of existing units, prioritization shall be given to projects that include
933933 915energy efficiency and electrification decarbonization measures, including, but not limited to,
934934 916electric or ground source heat pumps, net-zero developments, Passive House or equivalent
935935 917energy efficiency certification, and all-electric buildings and projects that incorporate green,
936936 918sustainable and climate-resilient elements; provided further, that projects that include lower
937937 919embodied carbon construction materials and methods shall be further prioritized; provided
938938 920further, that such rehabilitated housing shall remain affordable for such period as shall be
939939 921established by the executive office through guidance taking into account differences in market
940940 922conditions and the type of restrictions best suited to promoting community stabilization in
941941 923different markets; and provided further, that an amount not to exceed 2 per cent of the amount 42 of 177
942942 924expended may pay for administrative costs directly attributable to the purposes of this program,
943943 925including costs of support personnel..............................................................................$50,000,000
944944 926 7004-0092For grants and technical assistance for municipalities for the conversion of
945945 927commercial properties into residential housing pursuant to section 103.....................$150,000,000
946946 928 7004-0093For the Massachusetts Healthy Homes program established in section 34
947947 929of chapter 23B of the General Laws, inserted by section 5…………...........................$50,000,000
948948 930 7004-0094For the veterans supported housing initiative program established in
949949 931section 36 of chapter 23B of the General Laws, inserted by section 5; provided, that the
950950 932executive office of housing and livable communities shall partner with a qualified non-profit
951951 933organization, as defined in said section 36 of said chapter 23B, to implement and operate the
952952 934program; and provided further, that the qualified non-profit organization shall receive not more
953953 935than $20,000 in a 12-month period for each eligible veteran ………………………$20,000,000
954954 936 7004-0095For grants to support remediation efforts at former state-owned buildings;
955955 937provided, that grants shall be to support housing development projects on lands and in buildings
956956 938previously owned by the commonwealth and that require asbestos, lead or hazardous material
957957 939demolition and remediation; provided further, that not less than $15,000,000 shall be expended
958958 940for hazardous materials remediation at the former Medfield State Hospital; and provided further,
959959 941that the secretary of housing and livable communities, in consultation with the department of
960960 942environmental protection, shall report to the clerks of the house of representatives and the senate
961961 943and the house and senate committees on ways and means all grants awarded, including the
962962 944amounts of the grants………….................................................................................…$50,000,000
963963 945 SECTION 2B. 43 of 177
964964 946 EXECUTIVE OFFICE OF HOUSING AND LIVABLE COMMUNITIES
965965 947 Office of the Secretary
966966 948 7004-4784For the Massachusetts Housing Finance Agency, established by section 3
967967 949of chapter 708 of the acts of 1966, to capitalize a permanent, revolving Residential Production
968968 950Momentum Fund for the purpose of accelerating the development of mixed-income and
969969 951workforce multifamily housing production projects by providing financial assistance in the form
970970 952of innovative, low-cost and flexible capital funding, which may be in the form of debt, equity or
971971 953other instruments, depending on individual underwriting needs of the project; provided, that not
972972 954less than 20 per cent of the units in a project that receives such financial assistance shall be
973973 955restricted to households with incomes between 60 per cent and 120 per cent of area median
974974 956income; provided further, that notwithstanding paragraph (f) of section 5 of said chapter 708, the
975975 957Agency may in its discretion set the term and prepayment options for any mortgage or other loan
976976 958or instrument issued to any project receiving such financial assistance based on the individual
977977 959underwriting needs of the project; provided further, that such financial assistance shall be
978978 960awarded in a manner that promotes geographic equity; provided further, that funds expended
979979 961from this item shall, to the maximum extent feasible, be prioritized for projects that comply with
980980 962decarbonization and sustainability standards; provided further, that prioritization shall be
981981 963determined through objective scoring criteria in the Qualified Allocation Plan developed by the
982982 964executive office of housing and livable communities; provided further, that for new construction
983983 965projects, the standards set forth in the commonwealth’s Opt-in Specialized Energy Code in 225
984984 966CMR 22.00 and 23.00 and the Enterprise Green Communities standards shall be the applicable
985985 967standards for prioritization; provided further, that any project proposing less than full compliance
986986 968with said standards shall provide detailed analysis demonstrating why full compliance would 44 of 177
987987 969render the project infeasible notwithstanding utilization of all available federal and state
988988 970incentives, including rebates and tax credits; provided further, that for retrofits of existing units,
989989 971prioritization shall be given to projects that include energy efficiency and electrification
990990 972decarbonization measures, including, but not limited to, electric or ground source heat pumps,
991991 973net-zero developments, Passive House or equivalent energy efficiency certification, and all-
992992 974electric buildings and projects that incorporate green, sustainable and climate-resilient elements;
993993 975provided further, that projects that include lower embodied carbon construction materials and
994994 976methods shall be further prioritized; and provided further, that not more than $13,000,000 shall
995995 977be expended for new affordable housing units at the 1234-1240 Soldiers Field Road Project
996996 978approved by the Boston Redevelopment Authority pursuant to document number 8044 in the city
997997 979of Boston……………………………………………………......................................$250,000,000
998998 980 SECTION 3. The first paragraph of section 13A of chapter 22 of the General Laws, as
999999 981amended by section 60 of chapter 7 of the acts of 2023, is hereby further amended by striking out
10001000 982the second and third sentences and inserting in place thereof the following 3 sentences:- Two of
10011001 983the appointive members shall be architects licensed to practice in the commonwealth. One of the
10021002 984appointive members shall be a licensed building inspector. Three of the appointive members
10031003 985shall be selected after consultation with advocacy groups on behalf of persons with disabilities.
10041004 986 SECTION 3A. Said section 13A of said chapter 22, as so amended, is hereby further
10051005 987amended by striking out the fourth paragraph and inserting in place thereof the following
10061006 988paragraph:-
10071007 989 The board shall make and from time to time alter, amend and repeal, in accordance with
10081008 990the provisions of chapter 30A, rules and regulations designed to make multiple dwellings and 45 of 177
10091009 991public buildings and facilities, including, but not limited to, areas that are not generally in public
10101010 992use, accessible to, functional for and safe for use by persons with disabilities. The board shall
10111011 993also make rules and regulations requiring that any person who has lawful control of improved or
10121012 994enclosed private property used as off-street parking areas where the public has a right of access
10131013 995as invitees or licensees, shall reserve parking spaces in said off-street parking areas for vehicles
10141014 996authorized to display handicapped plates or placards under section 2 of chapter 90; provided, that
10151015 997the parking requirements shall be consistent with the ADA Standards for Accessible Design. The
10161016 998parking spaces reserved for vehicles of such persons with a disability shall be clearly marked as
10171017 999such. The rules and regulations of the board shall establish standards and procedures designed to
10181018 1000make adaptable for persons with physical disabilities for any building, regardless of the date of
10191019 1001construction: (i) all dwelling units in multiple dwellings equipped with an elevator; (ii) all
10201020 1002ground floor dwelling units in multiple dwellings not equipped with an elevator; and (iii) all
10211021 1003public use and common use portions of such multiple dwellings; provided, however, that in any
10221022 1004building constructed before March 13, 1991, such standards and procedures for dwelling units
10231023 1005shall apply only to such units within: (i) any non-residential building undergoing a gut
10241024 1006rehabilitation as part of a change in use into a multiple dwelling facility; or (ii) any residential
10251025 1007building which is vacant undergoing a gut rehabilitation. The rules and regulations of the board
10261026 1008shall establish standards and procedures designed to make accessible to, functional for and safe
10271027 1009for use by persons with physical disabilities residential buildings whenever constructed and
10281028 1010without the restrictions in the above paragraph. Unless otherwise specified, 5 per cent of the
10291029 1011units in lodging or residential facilities for hire, rent or lease, containing 20 or more units, shall
10301030 1012meet this requirement; provided, however, that accessible units shall allow 5 feet of turning
10311031 1013radius for a wheelchair in the kitchens and bathrooms. In the event that the board determines that 46 of 177
10321032 1014the need, in certain areas of the commonwealth, for such units either exceeds or does not require
10331033 1015said 5 per cent, the board may require that, in said areas a percentage of units less than 5 per cent
10341034 1016or not greater than 10 per cent be accessible and safe for persons with disabilities; provided,
10351035 1017however, that said accessible units shall allow 5 feet of turning radius for a wheelchair in the
10361036 1018kitchens and bathrooms. The board may make such determination only if there is sufficient
10371037 1019factual basis, using data from the central registry of the Massachusetts rehabilitation commission,
10381038 1020established in section 74 of chapter 6, and other sources, to establish with a reasonable degree of
10391039 1021certainty the present and future needs for said accessible units in certain areas of the
10401040 1022commonwealth. A percentage of less than 5 per cent shall not be established unless such
10411041 1023accessible units, which are not needed by persons with disabilities cannot be readily hired, rented
10421042 1024or leased to other persons. The rules and regulations of the board shall include, but not be limited
10431043 1025to, detailed architectural standards further defining adaptable and accessible dwelling units and
10441044 1026such other provisions necessary to provide rights and remedies substantially equivalent to or
10451045 1027greater than the rights and remedies provided by the federal Fair Housing Act, the ADA
10461046 1028Standards for Accessible Design and regulations thereunder as pertaining to such multiple
10471047 1029dwellings.
10481048 1030 SECTION 3B. Said section 13A of said chapter 22 is hereby further amended by
10491049 1031inserting after the word “buildings”, in line 67, as appearing in the 2022 Official Edition, the
10501050 1032following words:- and facilities.
10511051 1033 SECTION 3C. Said section 13A of said chapter 22 is hereby further amended by
10521052 1034inserting after the word “section”, in line 75, as so appearing, the following words:- and
10531053 1035facilities. 47 of 177
10541054 1036 SECTION 3D. Said section 13A of said chapter 22 is hereby further amended by striking
10551055 1037out, in lines 80 and 81, as so appearing, the words “handicapped persons,” and inserting in place
10561056 1038thereof the following words:- persons with a disability.
10571057 1039 SECTION 3E. Said section 13A of said chapter 22 is hereby further amended by striking
10581058 1040out, in lines 88 and 89, as so appearing, the word “newspaper” and inserting in place thereof the
10591059 1041following words:- forms of.
10601060 1042 SECTION 3F. Said section 13A of said chapter 22 is hereby further amended by inserting
10611061 1043after the word “building”, in line 93, as so appearing, the following words:- or facility, including
10621062 1044areas not generally in public use,.
10631063 1045 SECTION 3G. Said section 13A of said chapter 22 is hereby further amended by striking
10641064 1046out the words “building be changed to a”, in line 94, as so appearing, and inserting in place
10651065 1047thereof the following words:- building or facility be changed to a residential use or a.
10661066 1048 SECTION 3H. Said section 13A of said chapter 22 is hereby further amended by
10671067 1049inserting after the word “building”, in lines 95 and 96, as so appearing, in each instance, the
10681068 1050following words:- or facility.
10691069 1051 SECTION 3I. Said section 13A of said chapter 22 is hereby further amended by striking
10701070 1052out, in lines 102 and 103, as so appearing, the words “physically handicapped persons” and
10711071 1053inserting in place thereof the following words:- persons with a disability.
10721072 1054 SECTION 3J. Said section 13A of said chapter 22, as so appearing, is hereby further
10731073 1055amended by striking out the eighth paragraph. 48 of 177
10741074 1056 SECTION 3K. Said section 13A of said chapter 22 is hereby further amended by striking
10751075 1057out, in lines 131 and 132, as so appearing, the word “person” and inserting in place thereof the
10761076 1058following words:- building or facility, or portion thereof,.
10771077 1059 SECTION 3L. Said section 13A of said chapter 22 is hereby further amended by
10781078 1060inserting after the word “building”, in line 150, as so appearing, the second time it appears, the
10791079 1061following words:- or facility.
10801080 1062 SECTION 3M. Said section 13A of said chapter 22 is hereby further amended by
10811081 1063inserting after the word “building”, in line 166, as so appearing, the following word:- , facility.
10821082 1064 SECTION 3N. Said section 13A of said chapter 22 is hereby further amended by striking
10831083 1065out, in lines 177, 179 and 187, as so appearing, in each instance, the words “physically
10841084 1066handicapped persons” and inserting in place thereof, in each instance, the following words:-
10851085 1067persons with a disability.
10861086 1068 SECTION 3O. The fourteenth paragraph of said section 13A of said chapter 22, as so
10871087 1069appearing, is hereby amended by inserting after the definition of “Alteration”, the following
10881088 1070definition:-
10891089 1071 “Areas that are not generally in public use”, areas not intended for use by the public, as
10901090 1072designated in the 1991 and 2010 ADA Standards for Accessible Design, and employee work
10911091 1073areas.
10921092 1074 SECTION 3P. Said fourteenth paragraph of said section 13A of said chapter 22, as so
10931093 1075appearing, is hereby further amended by inserting after the definition of “Construction” the
10941094 1076following 3 definitions:- 49 of 177
10951095 1077 “Employee work area”, all or any portion of a space used only by employees and used
10961096 1078only for work, including, but not limited to, corridors, toilet rooms, kitchenettes and break rooms
10971097 1079if said areas constitute the path of travel to or are essential to the use of employees for work;
10981098 1080provided, that all employee work areas shall be made accessible in new construction or where
10991099 1081renovation work being performed is otherwise subject to the jurisdiction of the board. Corridors,
11001100 1082toilet rooms, kitchenettes and break rooms shall not otherwise be considered employee work
11011101 1083areas; provided, however, that where corridors, toilet rooms, kitchenettes and break rooms
11021102 1084constitute the path of travel to or are essential to the use of employees for work, they shall be,
11031103 1085when possible, adaptable.
11041104 1086 “Facility”, all or any portion of a building, structure, site improvement, complex,
11051105 1087equipment, road, walk, passageway, parking lot or other real or personal property, including the
11061106 1088site where the building, property, structure or equipment is located.
11071107 1089 “Gut rehabilitation”, the general replacement of the interior of a building that may or may
11081108 1090not include changes to structural elements such as flooring systems, columns or load bearing
11091109 1091interior or exterior walls.
11101110 1092 SECTION 3Q. Said section 13A of said chapter 22 is hereby further amended by striking
11111111 1093out, in line 200, as so appearing, the words “Physically handicapped person” and inserting in
11121112 1094place thereof the following words:- Person with a disability.
11131113 1095 SECTION 3R. Said section 13A of said chapter 22 is hereby further amended by striking
11141114 1096out, in line 204, as so appearing, the words “Physically handicapped persons” and inserting in
11151115 1097place thereof the following words:- A person with a disability. 50 of 177
11161116 1098 SECTION 3S. Said section 13A of said chapter 22 is hereby further amended by striking
11171117 1099out the definition of “Public building”, in lines 209 through 226, inclusive, as so appearing, and
11181118 1100inserting in place thereof the following definition:-
11191119 1101 “Public building”, (i) a building constructed by the commonwealth or any political
11201120 1102subdivision thereof with public funds and open to public use, including, but not limited to, a
11211121 1103building constructed by a public housing authority, the Massachusetts Port Authority, the
11221122 1104Massachusetts Parking Authority, the Massachusetts Department of Transportation, the
11231123 1105Massachusetts Bay Transportation Authority or a building authority of any public educational
11241124 1106institution, or their successors; or (ii) a privately financed building that is open to and used by the
11251125 1107public, including, but not limited to, places of public accommodation listed in section 92A of
11261126 1108chapter 272 and 42 U.S.C. section 12181(7).
11271127 1109 SECTION 3T. Subsection (b) of section 1 of chapter 23B of the General Laws, as
11281128 1110amended by section 102 of chapter 7 of the acts of 2023, is hereby further amended by inserting
11291129 1111after clause (xvii) the following clause:-
11301130 1112 (xviii) Develop and implement, not less than once every 5 years, a written comprehensive
11311131 1113housing plan for the commonwealth. Such plan shall include, but shall not be limited to, housing
11321132 1114supply and demand data, affordability and affordability gaps, identification of housing
11331133 1115affordability challenges and needs by region and strategies to address such housing needs.
11341134 1116 SECTION 4. Section 27½ of said chapter 23B, inserted by section 117 of said chapter 7,
11351135 1117is hereby amended by striking out subsections (a) and (b) and inserting in place thereof the
11361136 1118following 2 subsections:- 51 of 177
11371137 1119 (a) There shall be in the executive office of housing and livable communities a
11381138 1120HousingWorks infrastructure program to: (i) issue infrastructure grants that support housing to
11391139 1121municipalities and other public entities for design, construction, building, rehabilitation, repair
11401140 1122and other improvements to infrastructure that support the objectives of the secretariat, including,
11411141 1123but not limited to, sewers, utility extensions, streets, roads, curb-cuts, parking, water treatment
11421142 1124systems, telecommunications systems, transit improvements, public parks and spaces that
11431143 1125support planned or proposed housing improvements and pedestrian and bicycle ways; or (ii)
11441144 1126assist municipalities to advance projects that support housing development, preservation or
11451145 1127rehabilitation. Preference for grants or assistance under this section shall be given to: (A)
11461146 1128infrastructure serving locations within 0.5 miles of a transit station or transit route; (B) other
11471147 1129eligible locations as defined in section 1A of chapter 40A; (C) multi-family zoning districts that
11481148 1130comply with section 3A of said chapter 40A; and (D) projects that support housing in rural and
11491149 1131small towns, as defined by the executive office.
11501150 1132 (b)  A project that uses grants to municipalities for public infrastructure provided by this
11511151 1133section shall be procured by a municipality in accordance with chapter 7, section 39M of chapter
11521152 113430, chapter 30B and chapter 149.
11531153 1135 SECTION 5. Said chapter 23B is hereby further amended by adding the following 7
11541154 1136sections:-
11551155 1137 Section 31. (a) There shall be within the executive office of housing and livable
11561156 1138communities an office of fair housing. The secretary of housing and livable communities shall
11571157 1139appoint a director of the office who shall serve at the pleasure of the secretary.
11581158 1140 (b) The office shall: 52 of 177
11591159 1141 (i) collaborate with state agencies on policies and strategies to: (A) advance the
11601160 1142elimination of housing discrimination and increase access to fair housing; (B) overcome patterns
11611161 1143of segregation; (C) foster inclusive communities without barriers that restrict access for
11621162 1144individuals or groups protected from unlawful practices pursuant to chapter 151B; and (D)
11631163 1145support enforcement of and compliance with all fair housing laws, including, but not limited to,
11641164 1146said chapter 151B and the federal Fair Housing Act, 42 U.S.C. 3601 et seq.;
11651165 1147 (ii) facilitate communication and partnership among state agencies and municipalities to
11661166 1148identify the intersections between activities of state agencies, activities of municipalities and fair
11671167 1149housing;
11681168 1150 (iii) facilitate the development of interagency initiatives to examine and address the social
11691169 1151and economic determinants of housing disparities, including, but not limited to: (A) equal access
11701170 1152to quality housing; (B) housing affordability; (C) access and proximity to multimodal
11711171 1153transportation options, including cost of such transportation; (D) air, water and land usage and
11721172 1154quality, including, but not limited to, consideration of environmental justice principles as defined
11731173 1155in section 62 of chapter 30; (E) employment and workforce development; (F) access to
11741174 1156healthcare; (G) access to and quality of education; and (H) language access; and
11751175 1157 (iv) administer the Fair Housing Fund established in section 2EEEEEE of chapter 29.
11761176 1158 (c)(1) Not less than every 5 years, the office shall prepare a report evaluating the progress
11771177 1159of the commonwealth toward eliminating housing discrimination and increasing access to fair
11781178 1160housing. The report shall comply with applicable federal requirements for analysis and reporting.
11791179 1161Where possible, the report shall include quantifiable measures and comparative benchmarks and 53 of 177
11801180 1162shall detail progress on a regional basis. The office shall hold public hearings in geographically
11811181 1163diverse regions of the commonwealth to gather public information on the topics of the report.
11821182 1164 (2) Annually, the office shall prepare a supplemental report describing the activities and
11831183 1165outcomes of the Fair Housing Fund established in section 2EEEEEE of chapter 29.
11841184 1166 (3) Reports pursuant to this subsection shall be filed with the clerks of the house of
11851185 1167representatives and senate and the chairs of the joint committee on housing not later than July 1
11861186 1168in the year in which each such report is due. Each report shall be posted publicly on the office’s
11871187 1169website.
11881188 1170 Section 32. (a) As used in this section and section 33, “seasonal communities” shall mean
11891189 1171cities or towns characterized by significant seasonal fluctuations in population and employment
11901190 1172related to seasonally-based tourism, based on criteria established by the rural and seasonal
11911191 1173communities coordinating council.
11921192 1174 (b) There shall be a rural and seasonal communities coordinating council established
11931193 1175within the executive office of housing and livable communities, which shall consist of the
11941194 1176following members: (i) the secretary, or a designee, who shall serve as chairperson; (ii) the
11951195 1177secretary of labor and workforce development, or a designee; (iii) 1 member appointed by the
11961196 1178secretary; and (iv) 6 members appointed by the governor, 1 of whom shall have expertise in
11971197 1179municipal government, 1 of whom shall have expertise in the tourism industry, 1 of whom shall
11981198 1180have expertise in the hospitality industry, 1 of whom shall have expertise in housing
11991199 1181development and finance, 1 of whom shall be a representative of the developer community and a
12001200 1182resident of a municipality designated as a seasonal community and 1 of whom shall be a licensed
12011201 1183real estate agent with the board of registration of real estate brokers and salespersons and a 54 of 177
12021202 1184resident of a municipality designated as a seasonal community; provided, that members
12031203 1185appointed by the governor shall reflect each of the following regions of the commonwealth:
12041204 1186western, northeastern, southeastern and the Cape and Islands. Each member appointed by the
12051205 1187governor shall serve at the pleasure of the governor. The council shall adopt by-laws to govern
12061206 1188its affairs.
12071207 1189 (c) The rural and seasonal communities coordinating council shall advise and make
12081208 1190recommendations to the executive office, including, but not limited to, regulatory
12091209 1191recommendations related to:
12101210 1192 (i) a process for the executive office to designate cities and towns as seasonal
12111211 1193communities;
12121212 1194 (ii) criteria for the executive office to designate cities and towns as seasonal communities,
12131213 1195including, but not limited to:
12141214 1196 (A) high rates of short-term rentals in relation to the overall housing inventory of the
12151215 1197municipality;
12161216 1198 (B) significant population increases in seasonal visitors;
12171217 1199 (C) a disparity between the area median income and the income required to purchase a
12181218 1200home in the municipality at the median home price of the municipality;
12191219 1201 (D) percentage of housing stock used for seasonal, occasional or recreational use, or that
12201220 1202is otherwise not used as the primary residence by the property owner; and
12211221 1203 (E) high variations in the average monthly variation of employment in the sector over the
12221222 1204full year in relation to the municipality’s minimum employment threshold; 55 of 177
12231223 1205 (iii) policies or programs to serve the distinct needs of seasonal communities, including,
12241224 1206but not limited to, access to specialized grant programs or special consideration under certain
12251225 1207state grant programs of general application; and
12261226 1208 (iv) best practices to incentivize the production of affordable year-round housing in
12271227 1209seasonal communities.
12281228 1210 (d) The rural and seasonal communities coordinating council may seek input from the
12291229 1211rural policy advisory commission established in section 55 of chapter 23A related to policies
12301230 1212pursuant to subsection (c) and shall review, on an as needed basis, the ongoing needs of
12311231 1213municipalities designated as seasonal communities.
12321232 1214 (e) Annually, not later than July 1, the rural and seasonal communities coordinating
12331233 1215council shall submit a report of any recommendations pursuant to subsection (c) to the executive
12341234 1216office, the clerks of the house of representatives and the senate and the joint committee on
12351235 1217housing.
12361236 1218 Section 33. (a) The executive office of housing and livable communities shall designate
12371237 1219cities and towns as seasonal communities consistent with the process and recommendations
12381238 1220established by the rural and seasonal communities coordinating council pursuant to section 32.
12391239 1221 (b) The executive office shall develop a form for applications and determine necessary
12401240 1222information to be submitted to municipalities by the owner of a dwelling qualifying for an
12411241 1223exemption pursuant to clause Fifty-ninth of section 5 of chapter 59.
12421242 1224 (c) The executive office shall promulgate regulations or guidance to carry out this
12431243 1225section. 56 of 177
12441244 1226 Section 34. (a) As used in this section and section 35, the following words shall, unless
12451245 1227the context clearly requires otherwise, have the following meanings:
12461246 1228 “Eligible applicant”, an owner of residential property in the commonwealth who, as
12471247 1229determined by the executive office of housing and livable communities: (i) is an owner-occupant,
12481248 1230small landlord or larger landlord; (ii) meets any income eligibility and other requirements of the
12491249 1231program established by the executive office; and (iii) owns a property with habitability concerns.
12501250 1232 “Existing home repair programs”, financial assistance administered by governmental,
12511251 1233quasi-governmental and nonprofit organizations, or the contractors and assignees of such
12521252 1234entities, that provide services to repair residential housing, including, but not limited to, mixed-
12531253 1235use projects that include residential housing.
12541254 1236 “Habitability concerns”, home repairs that are required to ensure residential units are: (i)
12551255 1237fit for human habitation; (ii) free from defective conditions and health and safety hazards,
12561256 1238including, but not limited to, asbestos, mold, pests and lead; and (iii) free of conditions
12571257 1239preventing installation of measures to improve energy or water efficiency, utilize renewable
12581258 1240energy or lower utility costs.
12591259 1241 “Larger landlord”, an individual who has title to more than 1 residential unit and who
12601260 1242does not meet the definition of owner-occupant or small landlord.
12611261 1243 “Low-income owner-occupant”, an owner-occupant with a household income of not
12621262 1244more than 80 per cent of the area median income.
12631263 1245 “Moderate-income owner-occupant”, an owner-occupant with a household income of at
12641264 1246least 80 per cent but not more than 135 per cent of the area median income. 57 of 177
12651265 1247 “Other eligible owner-occupant”, an owner-occupant who does not meet the definition of
12661266 1248a low-income owner-occupant or moderate-income owner-occupant and leases at least 1 other
12671267 1249residential unit in the building.
12681268 1250 “Owner-occupant”, an individual who has title to a residential building with at least 1 and
12691269 1251not more than 3 units and who resides in at least 1 of the units as their principal residence.
12701270 1252 “Small landlord”, an individual who has title to a building with no more than 3 residential
12711271 1253units and does not live in the building for at least 6 months of any year, or who has title to a
12721272 1254building with 4 or more residential units; provided that, such an individual shall have financial
12731273 1255interest in neither more than 3 buildings nor more than 15 residential units.
12741274 1256 (b) The executive office shall establish a Massachusetts healthy homes program and
12751275 1257make reasonable efforts to coordinate with other governmental, quasi-governmental and
12761276 1258nonprofit organizations administering programs that create a healthier environment for residents,
12771277 1259including, but not limited to, rehabilitating existing housing or making homes lead-safe. The
12781278 1260executive office may contract with other governmental, quasi-governmental and nonprofit
12791279 1261organizations to administer 1 or more of these programs to address habitability concerns.
12801280 1262 (c)(1) The executive office may make grants or loans available to eligible applicants to
12811281 1263ensure owner-occupied and rental units are free of habitability concerns.
12821282 1264 (2) Assistance in the form of grants and loans shall be provided to eligible applicants
12831283 1265consistent with the following requirements to ensure owner-occupied and rental units are free of
12841284 1266habitability concerns:
12851285 1267 (i) For low-income owner-occupants, the assistance shall be provided as a grant. 58 of 177
12861286 1268 (ii) For moderate-income owner-occupants, the assistance shall be provided as a 0 per
12871287 1269cent interest deferred payment loan with no repayment due until sale or refinancing of the
12881288 1270property. If the moderate-income owner-occupant continues to own the property for 3 years after
12891289 1271receiving the loan, the loan shall be forgiven.
12901290 1272 (iii) For small landlords and other eligible owner-occupants, but not including larger
12911291 1273landlords, the assistance shall be provided as a 0 per cent interest deferred payment loan with no
12921292 1274repayment due until sale or refinancing of the property. Small landlords or other eligible owner-
12931293 1275occupants, but not including larger landlords, may apply for loan forgiveness after 3 years
12941294 1276following receipt of the loan. The executive office shall forgive the loan if the executive office
12951295 1277determines that the small landlord or other eligible owner-occupant, but not including larger
12961296 1278landlords, has: (A) owned the property without interruption after having received the loan; (B)
12971297 1279addressed all habitability concerns in a timely fashion; (C) not evicted tenants, other than for
12981298 1280cause; and (D) kept rent increases to not more than 5 per cent per year in each of the past 3 years.
12991299 1281 (iv) For larger landlords, the assistance shall be provided as a below-market-rate loan
13001300 1282with an interest rate and repayment terms determined by the executive office. The executive
13011301 1283office shall provide the below-market-rate loan only to a larger landlord who executes an
13021302 1284agreement with the executive office that, for a term of 3 years, requires the landlord who owns
13031303 1285such property to: (A) maintain ownership of the property without interruption after having
13041304 1286received the loan; (B) address all habitability concerns in a timely fashion; (C) not evict tenants,
13051305 1287other than for cause; and (D) keep rent increases to not more than 5 per cent per year for each of
13061306 1288the 3 years. If a larger landlord does not comply with the requirements of the loan, the executive
13071307 1289office may require immediate repayment of the assistance. 59 of 177
13081308 1290 (d) The executive office, and any entity administering the Massachusetts healthy homes
13091309 1291program on the executive office’s behalf, shall administer the Massachusetts healthy homes
13101310 1292program consistent with guidelines and forms established by the executive office. The executive
13111311 1293office, and any other administering entity, shall strive to, in its administration of the program,
13121312 1294provide grants and loans to address habitability concerns and shall: (i) augment funds from other
13131313 1295home repair programs; (ii) increase retention in workforce development programs associated
13141314 1296with home repairs; (iii) provide technical assistance to address habitability concerns; and (iv)
13151315 1297support outreach, including, but not limited to, minimizing cultural, linguistic or other barriers
13161316 1298and maximizing access to program resources.
13171317 1299 (e)(1) Grants or loans from the Massachusetts healthy homes program shall not exceed
13181318 1300$50,000 per unit, unless the executive office waives this limit upon a determination of the
13191319 1301necessity of such waiver; provided, that the average amount of assistance shall not exceed
13201320 1302$50,000 per unit.
13211321 1303 (2) Not less than 50 per cent of any funds from the Massachusetts healthy homes program
13221322 1304shall be made to owners of buildings located in a gateway municipality as defined in section 3A
13231323 1305of chapter 23A.
13241324 1306 (f) Annually, not later than June 30, the executive office shall report on the Massachusetts
13251325 1307healthy homes program to the clerks of the house of representatives and the senate, the joint
13261326 1308committee on housing and the house and senate committees on ways and means. The report shall
13271327 1309include: (i) the number of projects completed through the Massachusetts healthy homes program
13281328 1310addressing habitability concerns; (ii) the locations of projects completed through the
13291329 1311Massachusetts healthy homes program throughout the commonwealth; (iii) the total amount of 60 of 177
13301330 1312grants or loans authorized; (iv) the number of projects using existing home repair programs; and
13311331 1313(v) the breakdown of landlord owned properties and owner-occupied properties with habitability
13321332 1314concerns addressed through the Massachusetts healthy homes program. The executive office
13331333 1315shall make the report publicly available on its website.
13341334 1316 (g) The executive office shall promulgate guidance or regulations necessary to carry out
13351335 1317this section.
13361336 1318 Section 35. (a) There shall be within the executive office of housing and livable
13371337 1319communities a Massachusetts healthy homes program fund. The fund shall be credited with: (i)
13381338 1320revenue from appropriations or other money authorized by the general court and specifically
13391339 1321designated to be credited to the fund; (ii) interest earned on such revenue; and (iii) funds from
13401340 1322public and private sources and other gifts, grants and donations to support the habitability
13411341 1323concerns, including, but not limited to, funds from governmental, quasi-governmental, nonprofit
13421342 1324organizations, for-profit organizations and individuals; provided, that any funds received from
13431343 1325private organizations and individuals shall be made without conditions and without recourse.
13441344 1326Amounts credited to the fund shall not be subject to further appropriation and any money
13451345 1327remaining in the fund at the end of a fiscal year shall not revert to the General Fund.
13461346 1328 (b) The executive office shall administer the fund consistent with the requirements of the
13471347 1329Massachusetts healthy homes program established in section 34.
13481348 1330 (c) Annually, not later than June 30, the executive office shall report on all expenditures
13491349 1331from the Massachusetts healthy homes program fund to the clerks of the house of representatives
13501350 1332and the senate, the joint committee on housing and the house and senate committees on ways and
13511351 1333means. The executive office shall make the report publicly available on its website. 61 of 177
13521352 1334 Section 36. (a) As used in this section, the following words shall, unless the context
13531353 1335clearly requires otherwise, have the following meanings:
13541354 1336 “Homeless”, a veteran: (i) who is undomiciled and unable to secure permanent and stable
13551355 1337housing without special assistance, including, but not limited to, a veteran who is inappropriately
13561356 1338housed in an institutional facility and can safely live in the community where services are
13571357 1339provided; (ii) in a transitional housing facility without permanent domicile; (iii) in the
13581358 1340community, released or discharged after incarceration and who is without permanent and stable
13591359 1341housing; or (iv) who is in danger of becoming homeless due to circumstances and criteria
13601360 1342established by the secretary, in consultation with the secretary of veterans’ services.
13611361 1343 “Qualified nonprofit organization”, a private nonprofit organization: (i) with
13621362 1344demonstrated success in developing or operating transitional and permanent housing programs
13631363 1345for veterans; and (ii) that is committed to ending veteran homelessness.
13641364 1346 (b) The secretary of housing and livable communities, in consultation with the secretary
13651365 1347of veterans’ services, shall establish a veterans supportive housing program to assist qualified
13661366 1348nonprofit organizations to develop and preserve supportive housing for eligible veterans. The
13671367 1349qualified nonprofit organization shall provide wrap around services to meet the needs of eligible
13681368 1350veterans.
13691369 1351 (c) Eligibility for supportive housing shall include:
13701370 1352 (i) veterans and their families, or individual veterans, who are homeless and have an
13711371 1353unmet housing need as determined by the secretary; and 62 of 177
13721372 1354 (ii) veterans who have 1 or more disabilities or other life challenges, including, but not
13731373 1355limited to: (A) serious mental illness; (B) substance use disorder; (C) living with HIV or AIDS,
13741374 1356or another chronic condition or affliction; (D) being a victim or survivor of domestic violence;
13751375 1357and (E) post-traumatic stress disorder.
13761376 1358 (d)(1) The secretary may contract with a qualified nonprofit organization to establish
13771377 1359veterans supportive housing pursuant to subsection (b) for a term of not more than 5 years and
13781378 1360may renew a contract with a qualified nonprofit organization for like terms in accordance with
13791379 1361the procedures established by the secretary, in consultation with the secretary of veterans’
13801380 1362services, for the development and preservation of supportive housing for veterans.
13811381 1363 (2) The secretary may award up to $20,000 per eligible veteran pursuant to subsection (c)
13821382 1364in a calendar year to a qualified nonprofit organization that enters into a contract pursuant to
13831383 1365paragraph (1).
13841384 1366 (3) The qualified nonprofit organization shall secure funding for the development and
13851385 1367preservation of any supportive housing project within 2 years from the date of the award. The
13861386 1368secretary shall establish procedures for the repayment of funds by qualified nonprofit
13871387 1369organizations that fail to secure funding within the 2-year period.
13881388 1370 (e) The secretary, in consultation with the secretary of veterans’ services, shall
13891389 1371promulgate rules or regulations for the administration of the veterans supportive housing
13901390 1372program.
13911391 1373 Section 37. (a) As used in this section, the following words shall, unless the context
13921392 1374clearly requires otherwise, have the following meanings: 63 of 177
13931393 1375 “Development cost”, an expenditure directly related to the construction or substantial
13941394 1376rehabilitation of a qualified conversion project, including, but not limited to, the cost of site
13951395 1377assessment and remediation of hazardous materials; provided, however, that development cost
13961396 1378shall not include the purchase of the property.
13971397 1379 “Executive office”, the executive office of housing and livable communities.
13981398 1380 “Market rate residential unit”, a residential unit priced consistently with prevailing rents
13991399 1381or sale prices in the municipality as determined by the executive office.
14001400 1382 “Qualified conversion project”, the rehabilitation of a commercial property, including,
14011401 1383but not limited to, commercial centers, office parks and commercial buildings located on main
14021402 1384streets or downtown municipal areas, for primary multi-unit residential use or mixed-use, which
14031403 1385may include retail or other commercial uses, that: (i) contains not less than 2 residential units;
14041404 1386provided, however, that the project may be a mixed-use development that includes commercial
14051405 1387uses in addition to residential units if the building is primarily residential; (ii) contains at least 80
14061406 1388per cent market rate residential units upon completion of the rehabilitation, to be sold or leased;
14071407 1389(iii) prior to conversion, such building was nonresidential real property, as defined in section 168
14081408 1390of the Internal Revenue Code, all or a portion of which was leased, or available for lease, to
14091409 1391office tenants; and (iv) such building was initially placed in service at least 5 years before the
14101410 1392beginning of the conversion.
14111411 1393 “Sponsors”, as defined in section 25 of chapter 23B.
14121412 1394 “Substantial rehabilitation” or “substantially rehabilitated”, the necessary major
14131413 1395redevelopment, repair and renovation of a property, including, but not limited to, site assessment 64 of 177
14141414 1396and remediation of hazardous materials, but excluding the purchase of the property, as
14151415 1397determined by the executive office.
14161416 1398 (b) The executive office shall establish a program for qualified conversion projects,
14171417 1399which shall be administered by the executive office. The purpose of the program shall be to
14181418 1400assist in the conversion of commercial properties into residential properties.
14191419 1401 (c)(1) The executive office may certify 1 or more housing development projects as a
14201420 1402qualified conversion project: (i) upon timely receipt of a project proposal requesting the
14211421 1403designation as a qualified conversion project from a sponsor; provided, that a project proposal
14221422 1404shall be submitted in a form and with information as determined by the executive office, and
14231423 1405shall be supported by independently verifiable information and signed under the penalties of
14241424 1406perjury; and (ii) if the executive office determines that the project, together with any municipal
14251425 1407resources committed to the project, shall have a reasonable chance of increasing residential
14261426 1408growth, diversity of housing supply, supporting economic development and promoting
14271427 1409neighborhood stabilization as advanced in the proposal as a qualified conversion project.
14281428 1410 (2) Prior to construction, the executive office shall certify that the proposed project meets
14291429 1411the definition of a qualified conversion project and the requirements pursuant to paragraph (1).
14301430 1412 (3) The executive office shall evaluate and either grant or deny certification of the
14311431 1413designation as a qualified conversion project to any project proposal not later than 90 days from
14321432 1414the date of its receipt of a complete project proposal. Approval of a project due to the executive
14331433 1415office’s failure to act within 90 days shall not constitute approval by the executive office of any
14341434 1416tax incentives provided under chapters 62 or 63. 65 of 177
14351435 1417 (4) The executive office may impose a fee for the processing of applications for the
14361436 1418certification of any project under this section.
14371437 1419 (5) Prior to construction, the executive office shall certify that all or a portion of the
14381438 1420qualified conversion project costs are for construction or substantial rehabilitation and shall
14391439 1421identify the development costs.
14401440 1422 (d) The executive office shall review each pending certified qualified conversion project,
14411441 1423not yet completed, not less than once every 2 years.
14421442 1424 (e) The executive office shall review each certified qualified conversion project upon
14431443 1425completion and certify that the project is consistent with the requirements of this section,
14441444 1426including the development cost and qualified conversion project requirements.
14451445 1427 (f)(1) The executive office may revoke certification of a project if the executive office
14461446 1428determines, after an independent investigation, that: (i) representations made by the sponsor in its
14471447 1429project proposal are materially different from the conduct of the sponsor subsequent to the
14481448 1430certification and such difference frustrates the public purposes that the certification was intended
14491449 1431to advance; or (ii) the project no longer meets the criteria of this section.
14501450 1432 (2) Upon revocation, the commonwealth may bring a cause of action against the sponsor
14511451 1433for the value of any economic benefit received by the sponsor prior to or subsequent to such
14521452 1434revocation.
14531453 1435 (3) A revocation shall take effect on the first day of the tax year in which the executive
14541454 1436office determines that a material breach commenced. 66 of 177
14551455 1437 (g) There shall be established a tax incentive program for certified qualified conversion
14561456 1438projects. After certification by the executive office upon the completion of the project, pursuant
14571457 1439to subsection (e), the executive office, in consultation with the commissioner of revenue, may
14581458 1440award a tax credit available under subsection (ee) of section 6 of chapter 62 or section 38OO of
14591459 1441chapter 63 of not more than 10 per cent of the development cost allocable to total units in a
14601460 1442project, as determined by the executive office, to the sponsor of a qualified conversion project.
14611461 1443The amount of the credit awarded shall be based on the following factors: (i) the need for
14621462 1444residential development and diversity of housing supply in the municipality; (ii) the extent to
14631463 1445which the certified qualified conversion project will encourage residential development,
14641464 1446expansion of diversity of housing supply, support neighborhood stabilization and promote
14651465 1447economic development in the zone; and (iii) the percentage of market rate residential units
14661466 1448contained in the certified qualified conversion project. The executive office may limit a credit
14671467 1449available to a certified qualified conversion project under subsection (ee) of section 6 of chapter
14681468 145062 and section 38OO of chapter 63 to a dollar amount or in any other manner deemed
14691469 1451appropriate by the executive office.
14701470 1452 (h) Annually, not later than December 1, the executive office shall file a report detailing
14711471 1453its findings of the review of all certified qualified conversion projects evaluated in the prior fiscal
14721472 1454year, including projects evaluated prior to construction, while the project is pending and upon
14731473 1455completion, to the commissioner of revenue, the joint committee on revenue and the joint
14741474 1456committee on housing. The report shall include, but shall not be limited to: (i) a list of qualified
14751475 1457conversion projects that received certification; (ii) information about each qualified conversion
14761476 1458project, including the site address, project sponsor, range of rents of the residential units, type of
14771477 1459residential units, number of each type of residential unit, number of affordable rental units for 67 of 177
14781478 1460persons whose income is not more than 60 per cent of the area median income and the number of
14791479 1461affordable owner-occupied units for persons whose income is not more than 80 per cent of the
14801480 1462area median income; and (iii) the total amount of development costs for which a tax credit was
14811481 1463issued or reserved pursuant to subsection (ee) of section 6 of chapter 62 or section 38OO of
14821482 1464chapter 63 for each certified qualified conversion project the year the credit was issued and the
14831483 1465completion or estimated completion year of the certified qualified conversion projects.
14841484 1466 (i) The executive office shall promulgate guidance or regulations for the administration of
14851485 1467this section.
14861486 1468 SECTION 6. Chapter 29 of the General Laws is hereby amended by inserting after
14871487 1469section 2DDDDDD, inserted by section 17 of chapter 28 of the acts of 2023, the following
14881488 1470section:-
14891489 1471 Section 2EEEEEE. (a) There shall be established and set up on the books of the
14901490 1472commonwealth a separate fund known as the Fair Housing Fund. There shall be credited to the
14911491 1473fund: (i) revenue from appropriations or other funds authorized by the general court and
14921492 1474specifically designated for the fund; (ii) any gifts, grants or private contributions; (iii) any
14931493 1475interest on the fund’s assets; and (iv) any other sources. Amounts credited to the fund shall be
14941494 1476expended without further appropriation. Any balance in the fund at the close of a fiscal year shall
14951495 1477be available for expenditure in subsequent fiscal years and shall not be transferred to any other
14961496 1478fund or revert to the General Fund; provided, that the comptroller shall report the amount
14971497 1479remaining in the fund at the end of each fiscal year to the house and senate committees on ways
14981498 1480and means. 68 of 177
14991499 1481 (b) The fund shall be administered by the office of fair housing established in section 31
15001500 1482of chapter 23B and funds shall be expended for the purpose of eliminating housing
15011501 1483discrimination. Activities eligible for assistance from the fund shall include, but shall not be
15021502 1484limited to: (i) private enforcement initiatives; (ii) education and outreach initiatives; (iii) fair
15031503 1485housing testing; (iv) lending discrimination; (v) affirmatively furthering fair housing; and (vi)
15041504 1486special projects.
15051505 1487 (c) Grantees eligible for assistance shall include, but shall not be limited to, fair housing
15061506 1488assistance programs and fair housing initiative programs, as defined by the United States
15071507 1489Department of Housing and Urban Development, any private, non-profit agency or any state-
15081508 1490funded public housing authority.
15091509 1491 SECTION 7. Section 1A of chapter 40A of the General Laws, as appearing in the 2022
15101510 1492Official Edition, is hereby amended by striking out the definition “Accessory dwelling unit” and
15111511 1493inserting in place thereof the following definition:-
15121512 1494 “Accessory dwelling unit”, a self-contained housing unit, inclusive of sleeping, cooking
15131513 1495and sanitary facilities on the same lot as a principal dwelling, subject to otherwise applicable
15141514 1496dimensional and parking requirements, that: (i) maintains a separate entrance, either directly
15151515 1497from the outside or through an entry hall or corridor shared with the principal dwelling sufficient
15161516 1498to meet the requirements of the state building code for safe egress; (ii) is not larger in gross floor
15171517 1499area than 1/2 the gross floor area of the principal dwelling or 900 square feet, whichever is
15181518 1500smaller; and (iii) is subject to such additional restrictions as may be imposed by a municipality,
15191519 1501including, but not limited to, additional size restrictions and restrictions or prohibitions on short-
15201520 1502term rental, as defined in section 1 of chapter 64G; provided, however, that no municipality shall 69 of 177
15211521 1503unreasonably restrict the creation or rental of an accessory dwelling unit that is not a short-term
15221522 1504rental.
15231523 1505 SECTION 8. Section 3 of said chapter 40A, as so appearing, is hereby amended by
15241524 1506adding the following paragraph:-
15251525 1507 No zoning ordinance or by-law shall prohibit, unreasonably restrict or require a special
15261526 1508permit or other discretionary zoning approval for the use of land or structures for a single
15271527 1509accessory dwelling unit, or the rental thereof, in a single-family residential zoning district;
15281528 1510provided, that the use of land or structures for such accessory dwelling unit under this paragraph
15291529 1511may be subject to reasonable regulations, including, but not limited to, 310 CMR 15.000 et seq.,
15301530 1512if applicable, site plan review, regulations concerning dimensional setbacks and the bulk and
15311531 1513height of structures and may be subject to restrictions and prohibitions on short-term rental, as
15321532 1514defined in section 1 of chapter 64G. The use of land or structures for an accessory dwelling unit
15331533 1515under this paragraph shall not require owner occupancy of either the accessory dwelling unit or
15341534 1516the principal dwelling; provided, that not more than 1 additional parking space shall be required
15351535 1517for an accessory dwelling unit; and provided further, that no additional parking space shall be
15361536 1518required for an accessory dwelling located not more than 0.5 miles from a commuter rail station,
15371537 1519subway station, ferry terminal or bus station. For more than 1 accessory dwelling unit, or rental
15381538 1520thereof, in a single-family residential zoning district there shall be a special permit for the use of
15391539 1521land or structures for an accessory dwelling unit. The executive office of housing and livable
15401540 1522communities may issue guidelines or promulgate regulations to administer this paragraph.
15411541 1523 SECTION 9. Section 3A of said chapter 40A is hereby amended by striking out the
15421542 1524words “section 27”, as appearing in section 152 of chapter 7 of the acts of 2023, and inserting in
15431543 1525place thereof the following words:- section 27½. 70 of 177
15441544 NO SECTION 10.
15451545 1526 SECTION 10A. Said chapter 40A is hereby further amended by adding the following
15461546 1527section:-
15471547 1528 Section 18. (a) Notwithstanding any general or special law to the contrary, a city or town
15481548 1529that permits or adopts inclusionary zoning, incentive zoning, a density bonus ordinance or by-
15491549 1530law pursuant to this chapter or a housing production plan submitted to the executive office of
15501550 1531housing and livable communities may enter into an agreement with a housing developer or
15511551 1532residential development owner to provide a preference for affordable housing to low- or
15521552 1533moderate-income veterans, as defined in clause Forty-third of section 7 of chapter 4. The
15531553 1534preference shall be for up to 10 per cent of the affordable units in a particular development.
15541554 1535 (b) The preference under this section shall be established in the applicant selection
15551555 1536process for available affordable units. Applicants who are veterans and who apply within 90 days
15561556 1537of the initial marketing period of the development shall receive preference for the rental of up to
15571557 153810 per cent of the affordable units. After the first 90 days of the initial marketing period, if any of
15581558 1539the units subject to the preference remain available, applicants from the general public shall be
15591559 1540considered for occupancy. Following the initial marketing period, qualified applicants who are
15601560 1541veterans shall be placed on a waiting list for the preference-occupied units for veterans and on
15611561 1542any general waiting list. The veterans on the preference-occupied waiting list shall be given
15621562 1543preference for affordable units, as the units become available, whenever the percentage of
15631563 1544preference-occupied units falls below 10 per cent.
15641564 1545 (c) Any agreement to provide affordable housing preferences for veterans pursuant to this
15651565 1546section shall not affect a municipality’s ability to receive credit for the unit for affordable 71 of 177
15661566 1547housing pursuant to chapter 40B or any other law. The agreement may be monitored by a third
15671567 1548party assigned by the municipality.
15681568 1549 (d) This section shall not require an increase in the existing amount of affordable units set
15691569 1550by the city or town.
15701570 1551 (e) The city or town may require proof of veteran status and income eligibility as the city
15711571 1552or town deems necessary.
15721572 1553 SECTION 11. Section 9 of chapter 40H of the General Laws, as appearing in the 2022
15731573 1554Official Edition, is hereby amended by striking out, in line 1, the words “section 16G” and
15741574 1555inserting in place thereof the following words:- section 16G½.
15751575 1556 SECTION 12. Said section 9 of said chapter 40H, as so appearing, is hereby further
15761576 1557amended by striking out, in line 2, the words “and section 56 of chapter 23A”.
15771577 1558 SECTION 13. Section 5 of chapter 59 of the General Laws, as so appearing, is hereby
15781578 1559amended by adding the following clause:-
15791579 1560 Fifty-ninth. A city or town designated by the executive office of housing and livable
15801580 1561communities as a seasonal community pursuant to sections 32 and 33 of chapter 23B may, by
15811581 1562vote of its town meeting, town council or city council, and with the approval of the mayor where
15821582 1563required by law, exempt from property taxation a dwelling unit that is rented annually for a term
15831583 1564of not less than 1 year and is occupied year round, in an amount not to exceed 150 per cent of the
15841584 1565fair market rent as established by the United States Department of Housing and Urban
15851585 1566Development for the applicable metropolitan statistical area. The owner of a dwelling qualifying
15861586 1567for the exemption under this clause shall submit to the municipality or its agent documentation 72 of 177
15871587 1568necessary to confirm the eligibility of the rental. The amount of the exemption shall be
15881588 1569determined by the municipality; provided, however, that the amount shall not exceed an amount
15891589 1570equal to the tax otherwise owed on the property based on the assessed value of the property,
15901590 1571including accessory dwelling units, multiplied by the square feet of the living space of all
15911591 1572dwelling units on the property that qualify under this clause, divided by the total square feet of
15921592 1573structures on the property. This clause shall take effect in a city or town upon its acceptance by
15931593 1574the city or town.
15941594 1575 SECTION 14. Section 6 of chapter 62 of the General Laws, as most recently amended by
15951595 1576section 5 of chapter 88 of the acts of 2024, is hereby further amended by adding the following
15961596 1577subsection:-
15971597 1578 (ee)(1) As used in this subsection, the following words shall, unless the context clearly
15981598 1579requires otherwise, have the following meanings:
15991599 1580 “Development cost”, as defined in section 37 of chapter 23B.
16001600 1581 “Executive office”, the executive office of housing and livable communities, established
16011601 1582pursuant to chapter 23B.
16021602 1583 “Qualified conversion project”, as defined in section 37 of chapter 23B.
16031603 1584 “Sponsors”, as defined in section 25 of chapter 23B.
16041604 1585 (2) A credit shall be allowed against the tax liability imposed by this chapter, to the
16051605 1586extent authorized by the executive office, in consultation with the commissioner, for a qualified
16061606 1587conversion project that has been completed and certified by the executive office pursuant to
16071607 1588section 37 of chapter 23B. The credit shall be equal to an amount not more than 10 per cent of 73 of 177
16081608 1589the qualified conversion project development costs. The credit shall be allowed for the taxable
16091609 1590year in which the executive office provides the commissioner written notification of completion
16101610 1591of the certified qualified conversion project. For any certified qualified conversion project,
16111611 1592development costs applicable to this credit shall be treated for purposes of this subsection as
16121612 1593made on the date that the executive office provides the commissioner written notification of
16131613 1594completion of the certified qualified conversion project and any data related to the development
16141614 1595costs.
16151615 1596 (3) A taxpayer eligible for the credit may, with prior notice to the commissioner, transfer
16161616 1597the credit, in whole or in part, to any individual or entity with tax labilities under this chapter or
16171617 1598chapter 63, and the transferee shall be entitled to apply the credit against the tax liability with the
16181618 1599same effect as if the transferee had incurred the development costs itself. Any amount of the tax
16191619 1600credit that exceeds the tax due for a taxable year may be carried forward by the transferee, buyer
16201620 1601or assignee in subsequent taxable years from which a certificate is initially issued by the
16211621 1602executive office; provided, however, that in no event shall the transferee apply the credit to the
16221622 1603tax due for any taxable year beginning more than 10 years after the taxable year in which the
16231623 1604executive office provides the commissioner written notification of completion of the certified
16241624 1605qualified conversion project.
16251625 1606 (4) If the credit allowable for any taxable year exceeds the taxpayer’s tax liability for that
16261626 1607tax year, the taxpayer may carry forward and apply in any subsequent taxable year, the portion,
16271627 1608as reduced from year to year, of the credit which exceed the tax for the taxable year; provided,
16281628 1609however, that in no event shall the taxpayer apply the credit to the tax due for any taxable year
16291629 1610beginning more than 10 years after the taxable year in which the executive office provides the
16301630 1611commissioner written notification of completion of the certified qualified conversion project. 74 of 177
16311631 1612 (5) The commissioner may, as of the effective date of a revocation pursuant to subsection
16321632 1613(f) of section 37 of chapter 23B, disallow any credits allowed under this section.
16331633 1614 (6) The commissioner, in consultation with the executive office, may adopt regulations
16341634 1615necessary to carry out this subsection, including regulations to recapture the value of any tax
16351635 1616credits allowed under this subsection.
16361636 1617 SECTION 14A. Section 6J of said chapter 62, as appearing in the 2022 Official Edition,
16371637 1618is hereby amended by striking out, in line 39, the figure “2027” and inserting in place thereof the
16381638 1619following figure:- 2030.
16391639 1620 SECTION 14B. Said section 6J of said chapter 62, as so appearing, is hereby further
16401640 1621amended by striking out, in line 41, the figure “$55,000,000” and inserting in place thereof the
16411641 1622following figure:- $110,000,000.
16421642 1623 SECTION 15. Section 6M of said chapter 62, as so appearing, is hereby amended by
16431643 1624striking out, in lines 226 and 227, the words “$12,000,000 in each of taxable years 2023 to 2025,
16441644 1625inclusive” and inserting in place thereof the following words:- $15,000,000 in taxable years
16451645 1626beginning on or after January 1, 2025.
16461646 1627 SECTION 16. Said chapter 62 is hereby further amended by inserting after section 6N
16471647 1628the following section:-
16481648 1629 Section 6O. (a) For the purposes of this section, unless the context clearly requires
16491649 1630otherwise, the following words shall have the following meanings: 75 of 177
16501650 1631 “Affordability period”, the 10-year period that commences on the date of the initial sale
16511651 1632of a single-family dwelling constructed as part of a qualified homeownership development
16521652 1633project.
16531653 1634 “Affordability restriction”, a restriction in form and substance approved by the director
16541654 1635and the secretary, imposing resale restrictions on a single-family dwelling constructed as part of
16551655 1636a qualified homeownership development project during the affordability period.
16561656 1637 “Commissioner”, the commissioner of revenue.
16571657 1638 “Credit amount”, the amount computed by the director pursuant to subsection (d) before
16581658 1639issuing an eligibility certificate.
16591659 1640 “Credit award amount”, the amount determined by the director and stipulated in the
16601660 1641notice sent pursuant to paragraph (2) of subsection (c).
16611661 1642 “Director”, the executive director of the Massachusetts Housing Finance Agency,
16621662 1643established pursuant to chapter 708 of the acts of 1966.
16631663 1644 “Eligibility certificate”, a certificate issued to a sponsor pursuant to subsection (d).
16641664 1645 “Eligible location”, a geographic area in which a qualified homeownership development
16651665 1646project may be located, based on criteria established in the qualified homeownership allocation
16661666 1647plan.
16671667 1648 “Maximum credit amount”, the amount equal to 35 per cent of the lesser of: (i) the total
16681668 1649qualified project expenditures calculated on a per single-family dwelling basis; or (ii) 80 per cent
16691669 1650of the area median new single-family dwelling sales price, subject to such further limitations as
16701670 1651may be established under the qualified homeownership credit allocation plan. 76 of 177
16711671 1652 “Project development team”, the group of entities that develops, constructs, reports,
16721672 1653appraises, finances and services the associated properties of a qualified homeownership
16731673 1654development project in partnership with the project development owner.
16741674 1655 “Qualified buyer”, an individual that is a first-time homebuyer with an annual income not
16751675 1656exceeding 120 per cent of the area median income, as determined by the United States
16761676 1657Department of Housing and Urban Development, for the location in which the single-family
16771677 1658dwelling being purchased is located, and who satisfies any additional qualifications established
16781678 1659by the director under the qualified homeownership credit allocation plan.
16791679 1660 “Qualified homeownership credit allocation plan”, a plan adopted by the director with the
16801680 1661approval of the secretary establishing: (i) criteria and metrics under which homeownership
16811681 1662development projects shall be assessed for qualification and the geographic areas in which
16821682 1663qualified homeownership development projects may be located; (ii) criteria for approving and
16831683 1664ranking applications for credits; (iii) a methodology to determine applicable median new single-
16841684 1665family dwelling sales prices for the area in which the project is located; (iv) mechanisms to
16851685 1666maintain affordability of each single-family dwelling that is created as part of a qualified
16861686 1667homeownership development project and restricted for sale to qualified buyers, throughout the
16871687 1668affordability period; (v) criteria to be used in determining qualification as a qualified buyer; (vi)
16881688 1669criteria governing the purchase, ownership and sale of completed qualified homeownership
16891689 1670development project single-family dwellings; and (vii) the manner of determining qualified
16901690 1671project expenditures.
16911691 1672 “Qualified homeownership development project”, a project to develop for sale single-
16921692 1673family dwellings in the commonwealth that satisfies any qualifications established by the 77 of 177
16931693 1674director with the approval of the secretary in the qualified homeownership credit allocation plan;
16941694 1675provided, that the proposed project shall: (i) involve the new construction of not less than 10
16951695 1676single-family dwellings; (ii) be located in an eligible location; and (iii) result in not less than 20
16961696 1677per cent of the single-family dwellings being sold to qualified buyers, subject to an affordability
16971697 1678restriction in accordance with the qualified homeownership credit allocation plan.
16981698 1679 “Qualified project expenditure”, an expenditure directly related to the construction of a
16991699 1680qualified homeownership development project, including, but not limited to, the cost of
17001700 1681acquiring land, site assessment and remediation of hazardous materials and as further provided in
17011701 1682the qualified homeownership credit allocation plan; provided, however, that: (i) the director has
17021702 1683certified that the proposed project meets the definition of a qualified homeownership
17031703 1684development project; (ii) prior to construction, the director has certified that all or a portion of
17041704 1685the project costs are for new construction; and (iii) after the construction of the project has been
17051705 1686completed, the director has certified that the project has been completed in compliance with this
17061706 1687section and the requirements and conditions of any prior certifications.
17071707 1688 “Secretary”, the secretary of housing and livable communities.
17081708 1689 “Single-family dwelling”, (i) a residential property containing not more than 4 residential
17091709 1690units; provided, that all units shall comprise a single property, to be sold to and owned by a
17101710 1691single homeowner; or (ii) a condominium unit in a professionally managed condominium
17111711 1692development.
17121712 1693 “Sponsor”, a sponsor, as defined in section 25 of chapter 23B, of a qualified
17131713 1694homeownership development project or owner of a qualified homeownership development
17141714 1695project. 78 of 177
17151715 1696 “Taxpayer”, a taxpayer subject to the income tax under this chapter.
17161716 1697 (b)(1) There shall be a Massachusetts homeownership tax credit. The director, in
17171717 1698consultation with the secretary, may authorize annually under this section and section 38PP of
17181718 1699chapter 63 a total sum not exceeding: (i) $10,000,000; (ii) the amount, if any, not authorized in
17191719 1700the preceding taxable year; and (iii) any Massachusetts homeownership tax credits returned to
17201720 1701the director by a sponsor.
17211721 1702 (2) A taxpayer may be allowed a nonrefundable tax credit with respect to a qualified
17221722 1703homeownership development project under this section equal to the credit amount listed on the
17231723 1704eligibility certificate pursuant to subsection (d). If the credit allowable for any taxable year is
17241724 1705unused by the taxpayer or exceeds the taxpayer’s tax liability under this chapter for the taxable
17251725 1706year, the taxpayer may carry forward and apply in any subsequent taxable year, the portion, as
17261726 1707reduced from year to year, of the credit which exceeds the tax for the taxable year; provided,
17271727 1708however, that in no event shall the taxpayer apply the credit to the tax due for any taxable year
17281728 1709beginning after the affordability period.
17291729 1710 (3) To be eligible to receive a credit pursuant to this section, a sponsor shall submit an
17301730 1711application to the director on a form and in a manner prescribed by the director, in consultation
17311731 1712with the secretary; provided, that said application shall include, but shall not be limited to: (i) the
17321732 1713name and address of the sponsor; (ii) the names and addresses of all members of the project
17331733 1714development team; (iii) an estimate of the total qualified project expenditures; and (iv) any other
17341734 1715information as the director, in consultation with the secretary, may require pursuant to the
17351735 1716qualified homeownership credit allocation plan. 79 of 177
17361736 1717 (c)(1) The director, in consultation with the secretary, shall competitively evaluate and
17371737 1718approve applications and award tax credits under this section for a qualified homeownership
17381738 1719development project in accordance with the qualified homeownership credit allocation plan. The
17391739 1720director, in consultation with the secretary, shall determine the credit amount awarded for each
17401740 1721qualified homeownership development project, which shall not exceed the maximum credit
17411741 1722amount.
17421742 1723 (2) The director shall send written notice of the tax credit award to the sponsor of a
17431743 1724qualified homeownership development project. The notice shall stipulate that receipt of the tax
17441744 1725credit is contingent upon the sale of all single-family dwellings that are required to be sold to
17451745 1726qualified buyers and issuance of an eligibility certificate.
17461746 1727 (d)(1) Upon completion of a qualified homeownership development project for which a
17471747 1728tax credit was awarded under this section and the sale of all single-family dwellings that are
17481748 1729required to be sold to qualified buyers, the sponsor shall provide the director a final qualified
17491749 1730project expenditures certification for approval. Immediately after approving the final cost
17501750 1731certification, the director shall compute the credit amount and issue an eligibility certificate to
17511751 1732the project development owner. The credit amount, which shall be stated on the certificate, shall
17521752 1733equal the credit award amount stated in the notice issued under paragraph (2) of subsection (c),
17531753 1734subject to any reduction or increase as the result of the approval of the final qualified project
17541754 1735expenditures certification; provided, that such amount shall not exceed the maximum credit
17551755 1736amount.
17561756 1737 (2) Each eligibility certificate shall state the credit amount, the years that comprise the
17571757 1738affordability period, the name, address and taxpayer identification number of the sponsor and all 80 of 177
17581758 1739members of the project development team, the date the certificate is issued, a unique identifying
17591759 1740number and any additional information the director, in consultation with the secretary and the
17601760 1741commissioner, may require. The director shall certify a copy of each eligibility certificate to the
17611761 1742secretary and the commissioner.
17621762 1743 (e)(1) The sponsor shall maintain ownership of a qualified homeownership development
17631763 1744project and all single-family dwellings that are required to be sold to qualified buyers until such
17641764 1745dwellings are sold to qualified buyers.
17651765 1746 (2) The qualified buyer of a single-family dwelling constructed as part of a qualified
17661766 1747homeownership development project for which a tax credit was issued under this section shall
17671767 1748occupy such single-family dwelling as the qualified buyer’s primary residence during the
17681768 1749affordability period; provided, that a qualified buyer of a single-family dwelling that includes
17691769 1750more than 1 residential unit need only occupy a single residential unit within the single-family
17701770 1751dwelling as the qualified buyer’s primary residence during the affordability period and may lease
17711771 1752any additional units to third-party lessees.
17721772 1753 (3) If a single-family dwelling constructed as part of a qualified homeownership
17731773 1754development project is sold during the affordability period, the seller shall transfer to the director
17741774 1755an amount equal to 90 per cent of the gain from such resale, reduced by 10 per cent for each year
17751775 1756of the affordability period which ends before the date of such sale, subject to such additional
17761776 1757criteria as may be established under the qualified homeownership credit allocation plan. The
17771777 1758director shall use any amount received pursuant to a repayment under this paragraph for the
17781778 1759purpose of providing financial assistance to first-time homebuyers and offsetting the costs of
17791779 1760administering this section. The director may place a lien on each single-family dwelling 81 of 177
17801780 1761constructed as part of a qualified homeownership development project for an amount it deems
17811781 1762necessary to ensure potential repayment pursuant to this paragraph.
17821782 1763 (4) During the affordability period, a qualified buyer of a single-family dwelling that
17831783 1764includes more than 1 residential unit shall not separate the ownership of individual residential
17841784 1765units within the single-family dwelling.
17851785 1766 (f)(1) All or any portion of a tax credit issued in accordance with this section may be
17861786 1767transferred, sold or assigned to any individual or entity and the transferee shall be entitled to
17871787 1768claim the credit pursuant to paragraph (2) of subsection (b) with the same effect as if the
17881788 1769transferee had incurred the qualified project expenditures itself.
17891789 1770 (2) A sponsor or transferee desiring to make a transfer, sale or assignment as described in
17901790 1771paragraph (1) shall submit to the commissioner a statement that describes the amount of the tax
17911791 1772credit for which such transfer, sale or assignment of the tax credit is eligible. The sponsor shall
17921792 1773provide to the commissioner appropriate information for proper allocation of the tax credit.
17931793 1774 (3) If the recapture of a tax credit is required pursuant to subsection (g), any statement
17941794 1775submitted to the commissioner pursuant to paragraph (2) shall include the proportion of the tax
17951795 1776credit required to be recaptured, the identity of each transferee subject to recapture and the
17961796 1777amount of the tax credit previously transferred to such transferee.
17971797 1778 (g) The director, in consultation with the secretary, shall determine whether a sponsor or
17981798 1779qualified homeownership development project: (i) does not qualify for the credit; (ii) ceases to
17991799 1780qualify for the credit; or (iii) did not qualify for the credit at the time the credit was claimed.
18001800 1781Notwithstanding the time limitations on assessments pursuant to chapter 62C, the commissioner
18011801 1782shall determine the taxpayer or taxpayers that claimed the credit, the tax against which the credit 82 of 177
18021802 1783was claimed and the amount to be recaptured and shall make an assessment against the taxpayer
18031803 1784or taxpayers for the amount to be recaptured under this section.
18041804 1785 (h) The director may assess application, processing and reporting fees to cover the cost of
18051805 1786administering this section.
18061806 1787 (i) The credit under this section shall be attributed on a pro rata basis to the owners,
18071807 1788partners or members of the legal entity entitled to the credit under this section and shall be
18081808 1789allowed as a credit against the tax due under this chapter from such owners, partners or members
18091809 1790in a manner determined by the commissioner.
18101810 1791 (j) The secretary, in consultation with the commissioner and director, shall adopt any
18111811 1792rules and promulgate any regulations necessary to administer this section.
18121812 1793 SECTION 17. Subsection (b) of section 6O of said chapter 62, inserted by section 16, is
18131813 1794hereby amended by striking out paragraph (1) and inserting in place thereof the following
18141814 1795paragraph:-
18151815 1796 (1) There shall be a Massachusetts homeownership tax credit. The director, in
18161816 1797consultation with the secretary, may authorize annually under this section and section 38PP of
18171817 1798chapter 63 a total sum not exceeding: (i) the amount, if any, not authorized in the preceding
18181818 1799taxable year; and (ii) any Massachusetts homeownership tax credits returned to the director by a
18191819 1800sponsor.
18201820 1801 SECTION 17A. Section 38R of chapter 63 of the General Laws, as appearing in the 2022
18211821 1802Official Edition, is hereby amended by striking out, in line 38, the figure “2027” and inserting in
18221822 1803place thereof the following figure:- 2030. 83 of 177
18231823 1804 SECTION 17B. Said section 38R of said chapter 63, as so appearing, is hereby further
18241824 1805amended by striking out, in line 40, the figure “$55,000,000” and inserting in place thereof the
18251825 1806following figure:- $110,000,000.
18261826 1807 SECTION 18. Section 38EE of said chapter 63, as so appearing, is hereby amended by
18271827 1808striking out, in lines 213 and 214, the words “$12,000,000 in each of taxable years 2023 to 2025,
18281828 1809inclusive” and inserting in place thereof the following words:- $15,000,000 in taxable years
18291829 1810beginning on or after January 1, 2025.
18301830 1811 SECTION 19. Said chapter 63 is hereby further amended by inserting after section
18311831 181238NN, inserted by section 7 of chapter 88 of the acts of 2024, the following 2 sections:-
18321832 1813 Section 38OO. (a) As used in this section, the following words shall, unless the context
18331833 1814clearly requires otherwise, have the following meanings:
18341834 1815 “Development cost”, as defined in section 37 of chapter 23B.
18351835 1816 “Executive office”, the executive office of housing and livable communities, established
18361836 1817pursuant to chapter 23B.
18371837 1818 “Qualified conversion project”, as defined in section 37 of chapter 23B.
18381838 1819 “Sponsors”, as defined in section 25 of chapter 23B.
18391839 1820 (b) A credit shall be allowed against the tax liability imposed by this chapter, to the
18401840 1821extent authorized by the executive office, in consultation with the commissioner, for a qualified
18411841 1822conversion project that has been completed and certified by the executive office pursuant to
18421842 1823section 37 of chapter 23B. The credit shall be equal to an amount not more than 10 per cent of
18431843 1824the qualified conversion project development costs. The credit shall be allowed for the taxable 84 of 177
18441844 1825year in which the executive office provides the commissioner written notification of completion
18451845 1826of the certified qualified conversion project. For any certified qualified conversion project,
18461846 1827development costs applicable to this credit shall be treated for purposes of this section as made
18471847 1828on the date that the executive office provides the commissioner written notification of
18481848 1829completion of the certified qualified conversion project and any data related to the development
18491849 1830costs.
18501850 1831 (c) A taxpayer eligible for the credit may, with prior notice to the commissioner, transfer
18511851 1832the credit, in whole or in part, to any individual or entity with tax labilities under this chapter or
18521852 1833chapter 62, and the transferee shall be entitled to apply the credit against the tax with the same
18531853 1834effect as if the transferee had incurred the development costs itself. If the sponsor of the certified
18541854 1835housing development qualified conversion project is a partnership or a limited liability company
18551855 1836taxed as a partnership, the credit, if transferred, must be transferred by the partnership or the
18561856 1837limited liability company. If the credit allowed to a partnership, a limited liability company taxed
18571857 1838as a partnership or multiple owners of property are not transferred they shall be passed through to
18581858 1839the persons designated as partners, members or owners, respectively, pro rata or pursuant to an
18591859 1840executed agreement among the persons designated as partners, members or owners documenting
18601860 1841an alternative distribution method without regard to their sharing of other tax or economic
18611861 1842attributes of the entity. Credits passed through to individual partners and members shall not be
18621862 1843transferable. Any amount of the tax credit that exceeds the tax due for a taxable year may be
18631863 1844carried forward by the transferee, buyer or assignee subsequent taxable years from which a
18641864 1845certificate is initially issued by the executive office; provided, however, that in no event shall the
18651865 1846transferee apply the credit to the tax due for any taxable year beginning more than 10 years after 85 of 177
18661866 1847the taxable year in which the executive office provides the commissioner written notification of
18671867 1848completion of the certified qualified conversion project.
18681868 1849 (d) If the credit allowable for any taxable year exceeds the taxpayer’s tax liability for that
18691869 1850tax year, the taxpayer may carry forward and apply in any subsequent taxable year, the portion,
18701870 1851as reduced from year to year, of the credit which exceed the tax for the taxable year; provided,
18711871 1852however, that in no event shall the taxpayer apply the credit to the tax due for any taxable year
18721872 1853beginning more than 10 years after the taxable year in which the executive office provides the
18731873 1854commissioner written notification of completion of the certified qualified conversion project.
18741874 1855 (e) The commissioner of revenue may, as of the effective date of a revocation pursuant to
18751875 1856subsection (f) of section 37 of chapter 23B, disallow any credits allowed under this section.
18761876 1857 (f) The commissioner, in consultation with the executive office, may adopt regulations
18771877 1858necessary to carry out this section, including regulations to recapture the value of any tax credits
18781878 1859allowed under this section.
18791879 1860 Section 38PP. (a) For the purposes of this section, unless the context clearly requires
18801880 1861otherwise, the following words shall have the following meanings:
18811881 1862 “Affordability period”, the 10-year period that commences on the date of the initial sale
18821882 1863of a single-family dwelling constructed as part of a qualified homeownership development
18831883 1864project.
18841884 1865 “Affordability restriction”, a restriction in form and substance approved by the director
18851885 1866and the secretary, imposing resale restrictions on a single-family dwelling constructed as part of
18861886 1867a qualified homeownership development project during the affordability period. 86 of 177
18871887 1868 “Commissioner”, the commissioner of revenue.
18881888 1869 “Credit amount”, the amount computed by the director pursuant to subsection (d) before
18891889 1870issuing an eligibility certificate.
18901890 1871 “Credit award amount”, the amount determined by the director and stipulated in the
18911891 1872notice sent pursuant to paragraph (2) of subsection (c).
18921892 1873 “Director”, the executive director of the Massachusetts Housing Finance Agency,
18931893 1874established pursuant to chapter 708 of the acts of 1966.
18941894 1875 “Eligibility certificate”, a certificate issued to a sponsor pursuant to subsection (d).
18951895 1876 “Eligible location”, a geographic area in which a qualified homeownership development
18961896 1877project may be located, based on criteria established in the qualified homeownership allocation
18971897 1878plan.
18981898 1879 “Maximum credit amount”, the amount equal to 35 per cent of the lesser of: (i) the total
18991899 1880qualified project expenditures calculated on a per single-family dwelling basis; or (ii) 80 per cent
19001900 1881of the area median new single-family dwelling sales price, subject to such further limitations as
19011901 1882may be established under the qualified homeownership credit allocation plan.
19021902 1883 “Project development team”, the group of entities that develops, constructs, reports,
19031903 1884appraises, finances and services the associated properties of a qualified homeownership
19041904 1885development project in partnership with the project development owner.
19051905 1886 “Qualified buyer”, an individual that is a first-time homebuyer with an annual income not
19061906 1887exceeding 120 per cent of the area median income, as determined by the United States
19071907 1888Department of Housing and Urban Development, for the location in which the single-family 87 of 177
19081908 1889dwelling being purchased is located, and who satisfies any additional qualifications established
19091909 1890by the director under the qualified homeownership credit allocation plan.
19101910 1891 “Qualified homeownership credit allocation plan”, a plan adopted by the director with the
19111911 1892approval of the secretary, establishing: (i) criteria and metrics under which homeownership
19121912 1893development projects shall be assessed for qualification and the geographic areas in which
19131913 1894qualified homeownership development projects may be located; (ii) criteria for approving and
19141914 1895ranking applications for credits; (iii) a methodology to determine applicable median new single-
19151915 1896family dwelling sales prices for the area in which the project is located; (iv) mechanisms to
19161916 1897maintain affordability of each single-family dwelling that is created as part of a qualified
19171917 1898homeownership development project and restricted for sale to qualified buyers, throughout the
19181918 1899affordability period; (v) criteria to be used in determining qualification as a qualified buyer; (vi)
19191919 1900criteria governing the purchase, ownership and sale of completed qualified homeownership
19201920 1901development project single-family dwellings; and (vii) the manner of determining qualified
19211921 1902project expenditures.
19221922 1903 “Qualified homeownership development project”, a project to develop for sale single-
19231923 1904family dwellings in the commonwealth that satisfies any qualifications established by the
19241924 1905director with the approval of the secretary in the qualified homeownership credit allocation plan;
19251925 1906provided, that the proposed project shall: (i) involve the new construction of not less than 10
19261926 1907single-family dwellings; (ii) be located in an eligible location; and (iii) result in not less than 20
19271927 1908per cent of the single-family dwellings being sold to qualified buyers, subject to an affordability
19281928 1909restriction in accordance with the qualified homeownership credit allocation plan. 88 of 177
19291929 1910 “Qualified project expenditure”, an expenditure directly related to the construction of a
19301930 1911qualified homeownership development project, including, but not limited to, the cost of
19311931 1912acquiring land, site assessment and remediation of hazardous materials and as further provided in
19321932 1913the qualified homeownership credit allocation plan; provided, however, that: (i) the director has
19331933 1914certified that the proposed project meets the definition of a qualified homeownership
19341934 1915development project; (ii) prior to construction, the director has certified that all or a portion of
19351935 1916the project costs are for new construction; and (iii) after the construction of the project has been
19361936 1917completed, the director has certified that the project has been completed in compliance with this
19371937 1918section and the requirements and conditions of any prior certifications.
19381938 1919 “Secretary”, the secretary of housing and livable communities.
19391939 1920 “Single-family dwelling”, (i) a residential property containing not more than 4 residential
19401940 1921units; provided, that all units shall comprise a single property, to be sold to and owned by a
19411941 1922single homeowner; or (ii) a condominium unit in a professionally managed condominium
19421942 1923development.
19431943 1924 “Sponsor”, a sponsor, as defined in section 25 of chapter 23B, of a qualified
19441944 1925homeownership development project or owner of a qualified homeownership development
19451945 1926project.
19461946 1927 “Taxpayer”, a taxpayer subject to the income tax under this chapter.
19471947 1928 (b)(1) There shall be a Massachusetts homeownership tax credit. The director, in
19481948 1929consultation with the secretary, may authorize annually under this section and section 6O of
19491949 1930chapter 62 a total sum not exceeding: (i) $10,000,000; (ii) the amount, if any, not authorized in 89 of 177
19501950 1931the preceding taxable year; and (iii) any Massachusetts homeownership tax credits returned to
19511951 1932the director by a sponsor.
19521952 1933 (2) A taxpayer may be allowed a nonrefundable tax credit with respect to a qualified
19531953 1934homeownership development project under this section equal to the credit amount listed on the
19541954 1935eligibility certificate pursuant to subsection (d). If the credit allowable for any taxable year is
19551955 1936unused by the taxpayer or exceeds the taxpayer’s tax liability under this chapter for the taxable
19561956 1937year, the taxpayer may carry forward and apply in any subsequent taxable year, the portion, as
19571957 1938reduced from year to year, of the credit which exceeds the tax for the taxable year; provided,
19581958 1939however, that in no event shall the taxpayer apply the credit to the tax due for any taxable year
19591959 1940beginning after the affordability period.
19601960 1941 (3) To be eligible to receive a credit pursuant to this section, a sponsor shall submit an
19611961 1942application to the director on a form and in a manner prescribed by the director, in consultation
19621962 1943with the secretary; provided, that said application shall include, but shall not be limited to: (i) the
19631963 1944name and address of the sponsor; (ii) the names and addresses of all members of the project
19641964 1945development team; (iii) an estimate of the total qualified project expenditures; and (iv) any other
19651965 1946information as the director, in consultation with the secretary, may require pursuant to the
19661966 1947qualified homeownership credit allocation plan.
19671967 1948 (c)(1) The director, in consultation with the secretary, shall competitively evaluate and
19681968 1949approve applications and award tax credits under this section for a qualified homeownership
19691969 1950development project in accordance with the qualified homeownership credit allocation plan. The
19701970 1951director, in consultation with the secretary, shall determine the credit amount awarded for each 90 of 177
19711971 1952qualified homeownership development project, which shall not exceed the maximum credit
19721972 1953amount.
19731973 1954 (2) The director shall send written notice of the tax credit award to the sponsor of a
19741974 1955qualified homeownership development project. The notice shall stipulate that receipt of the tax
19751975 1956credit is contingent upon the sale of all single-family dwellings that are required to be sold to
19761976 1957qualified buyers and issuance of an eligibility certificate.
19771977 1958 (d)(1) Upon completion of a qualified homeownership development project for which a
19781978 1959tax credit was awarded under this section and the sale of all single-family dwellings that are
19791979 1960required to be sold to qualified buyers, the sponsor shall provide the director a final qualified
19801980 1961project expenditures certification for approval. Immediately after approving the final cost
19811981 1962certification, the director shall compute the credit amount and issue an eligibility certificate to
19821982 1963the project development owner. The credit amount, which shall be stated on the certificate, shall
19831983 1964equal the credit award amount stated in the notice issued under paragraph (2) of subsection (c),
19841984 1965subject to any reduction or increase as the result of the approval of the final qualified project
19851985 1966expenditures certification; provided, that such amount shall not exceed the maximum credit
19861986 1967amount.
19871987 1968 (2) Each eligibility certificate shall state the credit amount, the years that comprise the
19881988 1969affordability period, the name, address and taxpayer identification number of the sponsor and all
19891989 1970members of the project development team, the date the certificate is issued, a unique identifying
19901990 1971number and any additional information the director, in consultation with the secretary and the
19911991 1972commissioner, may require. The director shall certify a copy of each eligibility certificate to the
19921992 1973secretary and the commissioner. 91 of 177
19931993 1974 (e)(1) The sponsor shall maintain ownership of a qualified homeownership development
19941994 1975project and all single-family dwellings that are required to be sold to qualified buyers until such
19951995 1976dwellings are sold to qualified buyers.
19961996 1977 (2) The qualified buyer of a single-family dwelling constructed as part of a qualified
19971997 1978homeownership development project for which a tax credit was issued under this section shall
19981998 1979occupy such single-family dwelling as the qualified buyer’s primary residence during the
19991999 1980affordability period; provided, that a qualified buyer of a single-family dwelling that includes
20002000 1981more than 1 residential unit need only occupy a single residential unit within the single-family
20012001 1982dwelling as the qualified buyer’s primary residence during the affordability period and may lease
20022002 1983any additional units to third-party lessees.
20032003 1984 (3) If a single-family dwelling constructed as part of a qualified homeownership
20042004 1985development project is sold during the affordability period, the seller shall transfer to the director
20052005 1986an amount equal to 90 per cent of the gain from such resale, reduced by 10 per cent for each year
20062006 1987of the affordability period which ends before the date of such sale, subject to such additional
20072007 1988criteria as may be established under the qualified homeownership credit allocation plan. The
20082008 1989director shall use any amount received pursuant to a repayment under this paragraph for the
20092009 1990purpose of providing financial assistance to first-time homebuyers and offsetting the costs of
20102010 1991administering this section. The director may place a lien on each single-family dwelling
20112011 1992constructed as part of a qualified homeownership development project for an amount it deems
20122012 1993necessary to ensure potential repayment pursuant to this paragraph. 92 of 177
20132013 1994 (4) During the affordability period, a qualified buyer of a single-family dwelling that
20142014 1995includes more than 1 residential unit shall not separate the ownership of individual residential
20152015 1996units within the single-family dwelling.
20162016 1997 (f)(1) All or any portion of a tax credit issued in accordance with this section may be
20172017 1998transferred, sold or assigned to any individual or entity and the transferee shall be entitled to
20182018 1999claim the credit pursuant to paragraph (2) of subsection (b) with the same effect as if the
20192019 2000transferee had incurred the qualified project expenditures itself.
20202020 2001 (2) A sponsor or transferee desiring to make a transfer, sale or assignment as described in
20212021 2002paragraph (1) shall submit to the commissioner a statement that describes the amount of the tax
20222022 2003credit for which such transfer, sale or assignment of the tax credit is eligible. The sponsor shall
20232023 2004provide to the commissioner appropriate information for proper allocation of the tax credit.
20242024 2005 (3) If the recapture of a tax credit is required pursuant to subsection (g), any statement
20252025 2006submitted to the commissioner pursuant to paragraph (2) shall include the proportion of the tax
20262026 2007credit required to be recaptured, the identity of each transferee subject to recapture and the
20272027 2008amount of the tax credit previously transferred to such transferee.
20282028 2009 (g) The director, in consultation with the secretary, shall determine whether a sponsor or
20292029 2010qualified homeownership development project: (i) does not qualify for the credit; (ii) ceases to
20302030 2011qualify for the credit; or (iii) did not qualify for the credit at the time the credit was claimed.
20312031 2012Notwithstanding the time limitations on assessments pursuant to chapter 62C, the commissioner
20322032 2013shall determine the taxpayer or taxpayers that claimed the credit, the tax against which the credit
20332033 2014was claimed and the amount to be recaptured and shall make an assessment against the taxpayer
20342034 2015or taxpayers for the amount to be recaptured under this section. 93 of 177
20352035 2016 (h) The director may assess application, processing and reporting fees to cover the cost of
20362036 2017administering this section.
20372037 2018 (i) The credit under this section shall be attributed on a pro rata basis to the owners,
20382038 2019partners or members of the legal entity entitled to the credit under this section and shall be
20392039 2020allowed as a credit against the tax due under this chapter from such owners, partners or members
20402040 2021in a manner determined by the commissioner.
20412041 2022 (j) The secretary, in consultation with the commissioner and director, shall adopt any
20422042 2023rules and promulgate any regulations necessary to administer this section.
20432043 2024 SECTION 20. Subsection (b) of section 38PP of said chapter 63, inserted by section 19,
20442044 2025is hereby amended by striking out paragraph (1) and inserting in place thereof the following
20452045 2026paragraph:-
20462046 2027 (1) There shall be a Massachusetts homeownership tax credit. The director, in
20472047 2028consultation with the secretary, may authorize annually under this section and section 6O of
20482048 2029chapter 62 a total sum not exceeding: (i) the amount, if any, not authorized in the preceding
20492049 2030taxable year; and (ii) any Massachusetts homeownership tax credits returned to the director by a
20502050 2031sponsor.
20512051 2032 SECTION 21. Section 127I of chapter 111 of the General Laws, as appearing in the 2022
20522052 2033Official Edition, is hereby amended by adding the following paragraph:-
20532053 2034 Notwithstanding the fourth paragraph, following the appointment of a receiver for a
20542054 2035vacant residential property, the court, upon motion by the receiver with notice to the owner,
20552055 2036mortgagee and all interested parties, may allow the sale of the property to a nonprofit entity for 94 of 177
20562056 2037fair market value in its then current condition. Any such sale shall be conditioned upon the court
20572057 2038finding that the nonprofit agrees to correct all outstanding state sanitary code violations and
20582058 2039rehabilitate the property for sale to a first-time homebuyer whose income is not more than 120
20592059 2040per cent of the area median income as determined by the United States Department of Housing
20602060 2041and Urban Development; provided, that a nonprofit entity shall demonstrate to the court adequate
20612061 2042expertise and resources necessary to rehabilitate the property and correct outstanding state
20622062 2043sanitary code violations. Any such motion filed by a receiver pursuant to this paragraph shall be
20632063 2044heard by the court not less than 30 days following the filing date, during which period the owner,
20642064 2045mortgagee and any other interested parties may join a motion for leave to correct all outstanding
20652065 2046state sanitary code violations at the property. Upon a finding by the court that the owner,
20662066 2047mortgagee or other interested party has the intention and ability to correct all outstanding state
20672067 2048sanitary code violations, the court shall stay the hearing on the receiver’s motion for a reasonable
20682068 2049period of time to allow the owner, mortgagee or other interested party to correct such outstanding
20692069 2050sanitary code violations.
20702070 2051 SECTION 22. Section 11 of chapter 121B of the General Laws, as so appearing, is
20712071 2052hereby amended by striking out paragraphs (n) and (o) and inserting in place thereof the
20722072 2053following 3 paragraphs:-
20732073 2054 (n) To join or cooperate with 1 or more other operating agencies in the exercise, either
20742074 2055jointly or otherwise, of any of their powers for the purpose of financing, including the issuance
20752075 2056of bonds, notes or other obligations and the giving of security therefor, planning, undertaking,
20762076 2057owning, constructing, operating or contracting with respect to any project or projects authorized
20772077 2058by this chapter located within the area within which 1 or more of such authorities are authorized
20782078 2059to exercise their powers; and for such purpose to prescribe and authorize, by resolution, any 95 of 177
20792079 2060operating agency so joining and cooperating with it to act in its behalf in the exercise of any of
20802080 2061such powers;
20812081 2062 (o) To lease energy saving systems that replace non-renewable fuels with renewable
20822082 2063energy such as solar powered systems; and
20832083 2064 (p) To secure, with the approval of the department, in consultation with the executive
20842084 2065office for administration and finance, indebtedness incurred for the preservation, modernization
20852085 2066and maintenance of 1 or more of its low rent housing developments assisted under section 32 or
20862086 206734 by a pledge of a portion of capital funds awarded to it for improvements to be carried out
20872087 2068pursuant to a capital improvement plan, approved by the department and in accordance with
20882088 2069department regulations governing capital projects. The department, in consultation with the
20892089 2070executive office for administration and finance, shall promulgate regulations to establish
20902090 2071limitations on the percentage of awarded capital funds that may be pledged to secure
20912091 2072indebtedness, describe permitted terms for borrowing and repayment and establish criteria for
20922092 2073operating agencies permitted to incur indebtedness secured by a pledge of capital funds. Any
20932093 2074pledge of future year capital funds pursuant to this section shall be subject to the availability of
20942094 2075funds under the department’s capital spending plan. All financing documents related to future
20952095 2076year capital fund amounts shall include a statement that the credit of the commonwealth is not
20962096 2077pledged and that the pledging of funds shall be subject to the availability of funds under the
20972097 2078department’s capital spending plan.
20982098 2079 SECTION 23. Section 26C of said chapter 121B, as amended by section 256 of chapter 7
20992099 2080of the acts of 2023, is hereby further amended by striking out the words “provided, however, that
21002100 2081the capital assistance team shall provide services to the housing authority without requiring 96 of 177
21012101 2082payment for the services by the housing authority” and inserting in place thereof the following
21022102 2083words:- provided, however, that the capital assistance team shall provide services to a housing
21032103 2084authority with 500 or fewer state-aided units without requiring payment for services by the
21042104 2085housing authority; and provided further, that the capital assistance team may require payment for
21052105 2086services provided to a housing authority with more than 500 state-aided units and for additional
21062106 2087services not covered by this section and approved by the department.
21072107 2088 SECTION 24. Said section 26C of said chapter 121B, as so amended, is hereby further
21082108 2089amended by striking out subsection (e) and inserting in place thereof the following subsection:-
21092109 2090 (e) There shall be a capital assistance advisory board consisting of 7 members. Each
21102110 2091capital assistance team shall appoint 2 members to the advisory board and the department shall
21112111 2092appoint 1 member, who shall have at least 5 years of experience as the manager of not less than
21122112 2093200 units of privately owned housing. Only members of participating housing authorities in the
21132113 2094region shall be eligible for appointment to the advisory board. The advisory board shall meet on
21142114 2095an annual basis with the capital assistance team directors, host housing authority directors and
21152115 2096the secretary of housing and livable communities, or a designee, and shall discuss issues of
21162116 2097program performance and coordination.
21172117 2098 SECTION 25. The first paragraph of section 29 of said chapter 121B, as appearing in the
21182118 20992022 Official Edition, is hereby amended by striking out the first sentence and inserting in place
21192119 2100thereof the following sentence:- The members of a housing authority shall biennially, or more
21202120 2101frequently as required by the department, and at a time to be determined by the department, file
21212121 2102with the department a written report for its preceding fiscal years since its last previously filed
21222122 2103written report. 97 of 177
21232123 2104 SECTION 26. Said first paragraph of said section 29 of said chapter 121B, as so
21242124 2105appearing, is hereby further amended by adding the following sentence:- Notwithstanding the
21252125 2106foregoing, nothing in this section shall exempt a housing authority from submitting an annual
21262126 2107plan pursuant to section 28A and this section.
21272127 2108 SECTION 27. Section 34 of said chapter 121B, as so appearing, is hereby amended by
21282128 2109adding the following paragraph:-
21292129 2110 Notwithstanding any general or special law to the contrary, the tenants of a state-aided or
21302130 2111federally-aided public housing project transferred or conveyed pursuant to the fourteenth
21312131 2112paragraph shall maintain all rights pursuant to federal, state and local subsidy programs
21322132 2113originally applicable to the project, including tenant contribution, lease terms, eviction, right to
21332133 2114return, grievance, resident participation, preference in hiring and privacy rights, except as may be
21342134 2115required to secure financing necessary for the feasibility of the project or to meet associated
21352135 2116programmatic eligibility requirements after notice to affected tenants with an opportunity to
21362136 2117comment. The redevelopment of such public housing project shall not be the basis for: (i)
21372137 2118termination of assistance or eviction of any tenant; (ii) reduction of assistance or eviction of any
21382138 2119tenant; or (iii) re-screening any existing tenant; provided, that no existing tenant shall be
21392139 2120considered a new admission for any purpose, including, but not limited to, compliance with any
21402140 2121income targeting requirements. Any such project shall have at least the same number of low rent
21412141 2122housing units as the number of low rent housing units in the existing project. The requirements
21422142 2123of this paragraph shall be implemented through contracts, use agreements, regulations or other
21432143 2124means, as determined by the department. Any contracts, use agreements, regulations or other
21442144 2125means shall be in compliance with all local, state and federal subsidy programs applicable and
21452145 2126shall delineate: (i) the roles of the housing authority and other agencies in monitoring and 98 of 177
21462146 2127enforcing compliance, including tracking temporary and permanent displacement; (ii) how the
21472147 2128housing authority shall rehouse tenants so there shall be no displacement from affordable
21482148 2129housing programs operated by the housing authority; and (iii) how tenants shall be provided with
21492149 2130technical assistance to facilitate meaningful input related to the redevelopment of the proposed
21502150 2131project. The benefits of any contracts, use agreements, regulations or other means shall inure to
21512151 2132any tenant who occupied a unit within the project at the time of the transfer or conveyance of the
21522152 2133project. Protections relating to tenant contribution, lease terms, eviction, grievance, resident
21532153 2134participation, preference in hiring and privacy rights, except as may be required to secure
21542154 2135financing necessary for the feasibility of the project or to meet associated programmatic
21552155 2136eligibility requirements, shall inure to both present or future tenants or applicants of the project,
21562156 2137who shall have the right to enforce the same as third-party beneficiaries. Nothing in this section
21572157 2138shall create a separate or new administrative process of appeal or review for any grievance
21582158 2139governed by the lease of any tenant. Tenants shall have an opportunity for comment on a project
21592159 2140proposed under the fourteenth paragraph and an opportunity for public comment to be organized
21602160 2141by the owners, controlled entities, designated private entities or public housing authorities
21612161 2142responsible for such projects with adequate notice.
21622162 2143 SECTION 28. The third sentence of subsection (b) of section 3 of chapter 121E of the
21632163 2144General Laws, as so appearing, is hereby amended by striking out clause (3) and inserting in
21642164 2145place thereof the following clause:-
21652165 2146 (3) issued only if a contract or agreement for the use of the property for housing purposes
21662166 2147provides for the recording of a restriction in the registry of deeds or the registry district of the
21672167 2148land court in the county in which the affected real property is located, for the benefit of the
21682168 2149department, running with the land, that the land be used for providing alternative forms of rental 99 of 177
21692169 2150and ownership housing; provided, that the property shall not be released from the restriction
21702170 2151until: (i) the balance of the principal and interest for the loan has been repaid in full; (ii) a
21712171 2152mortgage foreclosure deed has been recorded; or (iii) there has been a disposition of the
21722172 2153property; provided, that the department determines that relevant clients will be better served at an
21732173 2154alternative property and the proceeds from the disposition of the property will be used, to the
21742174 2155extent necessary for replacement of the housing at the property, for 1 or both of the following
21752175 2156purposes: (A) to acquire such alternative property; or (B) to rehabilitate such alternative
21762176 2157property;.
21772177 2158 SECTION 29. Said section 3 of said chapter 121E, as so appearing, is hereby further
21782178 2159amended by striking out, in lines 41 to 44, inclusive, the words “, provided that the project
21792179 2160continues to remain affordable housing as set forth in the contract or agreement entered into for
21802180 2161the duration of the project by the department” and inserting in place thereof the following
21812181 2162words:- ; provided, that the project, whether at the original property, or at an alternative property
21822182 2163pursuant to clause (3), continues to remain affordable housing as set forth in the contract or
21832183 2164agreement entered into for the duration of the project by the department.
21842184 2165 SECTION 30. Section 2 of chapter 121F of the General Laws, as so appearing, is hereby
21852185 2166amended by striking out subsection (a) and inserting in place thereof the following subsection:-
21862186 2167 (a) There shall be within the department a separate fund to be known as the Housing
21872187 2168Stabilization and Investment Trust Fund. The department shall administer the fund and shall
21882188 2169ensure that funds are distributed among urban, suburban and rural areas with a particular
21892189 2170emphasis on the development of alternative forms of housing and local and regional needs. Such
21902190 2171funds shall be used for the purpose of undertaking projects to develop and support affordable 100 of 177
21912191 2172housing developments and homeownership affordability through the acquisition, preservation,
21922192 2173new construction and rehabilitation of affordable housing, including, but not limited to, the
21932193 2174preservation and improvement of existing privately-owned and state or federally-assisted
21942194 2175housing. Uses of the fund may include: (i) assistance for projects to stabilize and promote
21952195 2176reinvestment in cities and towns, including, but not limited to, preserving and improving existing
21962196 2177privately-owned and state or federally-assisted housing and any other techniques necessary to
21972197 2178achieve reinvestment; provided, that funds may be expended for energy audits and housing
21982198 2179modifications to achieve energy efficiency and conservation; and (ii) assistance for housing
21992199 2180where the expiration of federal or state low-income housing tax credits or other federal or state
22002200 2181subsidies would lead or has led to the termination of a use agreement for low-income housing or
22012201 2182in which a project-based rental assistance contract is expiring or has expired. The fund shall be
22022202 2183an expendable trust fund and shall not be subject to appropriation.
22032203 2184 SECTION 31. Said section 2 of said chapter 121F, as so appearing, is hereby further
22042204 2185amended by striking out, in line 28, the words “nonprofit or for-profit organizations” and
22052205 2186inserting in place thereof the following words:- eligible entities pursuant to subsection (a) of
22062206 2187section 3.
22072207 2188 SECTION 32. Said section 2 of said chapter 121F, as so appearing, is hereby further
22082208 2189amended by striking out, in lines 35 to 38, inclusive, the words “or the Community Economic
22092209 2190Development Assistance Corporation established in chapter 40H to provide assistance from the
22102210 2191fund for projects owned or sponsored by nonprofit organizations” and inserting in place thereof
22112211 2192the following words:- to provide assistance from the fund. 101 of 177
22122212 2193 SECTION 33. Section 3 of said chapter 121F, as so appearing, is hereby amended by
22132213 2194striking out subsections (a) and (b) and inserting in place thereof the following 2 subsections:-
22142214 2195 (a) The fund shall finance low and no-interest loans, grants, subsidies, credit
22152215 2196enhancements and other financial assistance for rental and ownership housing; provided, that any
22162216 2197assistance provided shall be the minimum amount necessary to make a project feasible; provided
22172217 2198further, that loans, grants, subsidies, credit enhancements and other financial assistance pursuant
22182218 2199to this chapter may be provided to qualified for-profit or non-profit developers, community
22192219 2200development corporations, local housing authorities, community action agencies, community-
22202220 2201based or neighborhood-based non-profit housing organizations, other non-profit organizations
22212221 2202and for-profit entities and governmental bodies; provided further, that recipients may enter into
22222222 2203subcontracts to administer the contracts with other for-profit or nonprofit organizations; provided
22232223 2204further, that loans, grants, subsidies, credit enhancements and other financial assistance pursuant
22242224 2205to this chapter may be provided for the acquisition of property to provide or preserve affordable
22252225 2206housing; provided further, that the loan program may be administered by the department through
22262226 2207contracts with the Massachusetts Housing Partnership Fund established in section 35 of chapter
22272227 2208405 of the acts of 1985; provided further, that the program may include acquisition, financing
22282228 2209and other holding costs, interim management costs and operating costs and may be used by the
22292229 2210Massachusetts Housing Partnership Fund to secure, collateralize or reserve against other
22302230 2211financing obtained by the Massachusetts Housing Partnership Fund to support such costs; and
22312231 2212provided further, that not less than 75 per cent of the beneficiaries of the housing shall be persons
22322232 2213whose income is not more than 60 per cent of the area median income and not less than 13 per
22332233 2214cent of the beneficiaries of the housing shall be persons whose income is not more than 30 per
22342234 2215cent of the area median income. 102 of 177
22352235 2216 (b)(1) Activities eligible for assistance from the fund shall include, but shall not be
22362236 2217limited to: (i) projects to develop and support affordable housing developments and
22372237 2218homeownership affordability through the acquisition, preservation, new construction and
22382238 2219rehabilitation of affordable housing; and (ii) the preservation of affordable housing developments
22392239 2220that: (A) are currently, or were previously, subject to prepayment or payment of a state or
22402240 2221federally-assisted mortgage; (B) are receiving project-based rental assistance under section 8 of
22412241 2222the United States Housing Act of 1937, 42 U.S.C. 1437f, and the rental assistance is expiring; or
22422242 2223(C) have received other project-based federal or state subsidies which are terminating or have
22432243 2224terminated.
22442244 2225 (2) Property eligible for assistance shall include, but shall not be limited to, housing
22452245 2226where the prepayment or payment of a state or federally-assisted mortgage or the expiration of
22462246 2227federal low income housing tax credits or other federal or state subsidies would lead or has led to
22472247 2228the termination of a use agreement for low income housing or in which a project-based rental
22482248 2229assistance contract is expiring or has expired; provided, that a property eligible for assistance that
22492249 2230has been acquired for the purpose of preserving or improving the property shall not lose
22502250 2231eligibility due to actions by the purchaser to renew or extend state or federal contracts or
22512251 2232subsidies.
22522252 2233 (3) The department, in consultation with nonprofit organizations, the Community
22532253 2234Economic Development Assistance Corporation, the Massachusetts Housing Finance Agency
22542254 2235and the Massachusetts Housing Partnership Fund, shall identify projects at greatest risk of
22552255 2236prepayment, payment, termination of subsidies and use restrictions or nonrenewal of rental
22562256 2237assistance. Funding priority shall be based on at-risk criteria to be determined by the department
22572257 2238and set forth in regulations promulgated by the department. 103 of 177
22582258 2239 SECTION 34. Said section 3 of said chapter 121F, as so appearing, is hereby further
22592259 2240amended by striking out subsection (d) and inserting in place thereof the following subsection:-
22602260 2241 (d) Prior to providing assistance, the department shall determine that: (i) the housing
22612261 2242would not, by private enterprise alone and without government assistance, be available to lower
22622262 2243income families and individuals; and (ii) the amount of assistance is the minimum amount
22632263 2244necessary to make the housing development feasible. The department shall require, as a
22642264 2245condition of receiving assistance, that: (A) the housing remain affordable for its useful life as
22652265 2246determined by the department; and (B) with respect to rental housing, the operations of the
22662266 2247owner and its articles of organization and by-laws, and any changes to the articles of
22672267 2248organization and by-laws, shall be subject to regulation by the department.
22682268 2249 SECTION 35. Section 5 of said chapter 121F, as so appearing, is hereby amended by
22692269 2250striking out, in lines 2 to 5, inclusive, the words “including, but not limited to, regulations
22702270 2251relative to grants to cities and towns for the demolition of certain vacant and abandoned
22712271 2252buildings and procedures for neighborhood revitalization plans”.
22722272 2253 SECTION 36. The General Laws are hereby amended by inserting after chapter 121G the
22732273 2254following chapter:-
22742274 2255 CHAPTER 121H
22752275 2256 SUPPORTIVE HOUSING POOL FUND
22762276 2257 Section 1. As used in this chapter, the following words shall, unless the context clearly
22772277 2258requires otherwise, have the following meanings: 104 of 177
22782278 2259 “Chronically homeless”, a person who has been homeless for at least 1 year or has been
22792279 2260repeatedly homeless.
22802280 2261 “Executive office”, the executive office of housing and livable communities.
22812281 2262 “Fund”, the Supportive Housing Pool Fund established in section 2.
22822282 2263 “Permanent supportive housing”, rental housing that includes supportive services for
22832283 2264individuals and families who may be homeless or chronically homeless, individuals and families
22842284 2265with behavioral health needs or substance addiction needs, survivors of domestic violence,
22852285 2266survivors of human trafficking, survivors of sexual violence, individuals and families at risk of
22862286 2267entering or transitioning out of the foster care system, youth and young adults, seniors and
22872287 2268veterans or other individuals with similar needs, as determined by the executive office.
22882288 2269 Section 2. (a) There shall be a Supportive Housing Pool Fund to support the production
22892289 2270of permanent supportive housing. The fund shall be administered by the executive office directly
22902290 2271or through contracts with 1 or more of the following administering agencies: (i) the Community
22912291 2272Economic Development Assistance Corporation, established in chapter 40H; (ii) the
22922292 2273Massachusetts Housing Partnership Fund, established in section 35 of chapter 405 of the acts of
22932293 22741985; or (iii) the Massachusetts Housing Finance Agency, established in chapter 708 of the acts
22942294 2275of 1966; provided, that an administering agency may directly offer financial assistance for the
22952295 2276purposes pursuant to this section or may enter into subcontracts with non-profit organizations
22962296 2277established pursuant to chapter 180 for those purposes; and provided further, that the
22972297 2278administering agency may establish additional program requirements through regulations or
22982298 2279policy guidelines. 105 of 177
22992299 2280 (b) There shall be credited to the fund: (i) revenue from appropriations or other money
23002300 2281authorized by the general court and specifically designated for the fund; (ii) any gifts, grants,
23012301 2282private contributions, repayment of loans, fees and charges imposed relative to the making of
23022302 2283loans, grants, subsidies, credit enhancements and other financial assistance; (iii) any investment
23032303 2284income earned on the fund’s assets; and (iv) any other sources. Money remaining in the fund at
23042304 2285the end of a fiscal year shall not revert to the General Fund.
23052305 2286 Section 3. Funds expended pursuant to this chapter shall be in the form of grants, loans or
23062306 2287other financial assistance to projects and organizations that shall provide stable housing options
23072307 2288and supportive services to residents of permanent supportive housing, which may include, but
23082308 2289shall not be limited to, staffing, case management, service coordination or other tenancy-related
23092309 2290services provided by a project sponsor or through a third party, or other services or activities that
23102310 2291the executive office has determined are essential to the day-to-day operation of permanent
23112311 2292supportive housing.
23122312 2293 Section 4. The executive office may promulgate regulations for the implementation,
23132313 2294administration and enforcement of this chapter and may, in consultation with the executive office
23142314 2295of health and human services, the executive office of elder affairs, the department of children and
23152315 2296families and the office for victim assistance, issue guidelines for the fund.
23162316 2297 SECTION 36A. Chapter 183A of the General Laws is hereby amended by striking out
23172317 2298section 16 and inserting in place thereof the following section:-
23182318 2299 Section 16. The owners of any land may submit the land under this chapter by the
23192319 2300recording in the registry of deeds of a master deed or, if the title to the land is registered under
23202320 2301chapter 185, by filing the master deed under said chapter 185. 106 of 177
23212321 2302 SECTION 36B. Section 14 of chapter 183B of the General Laws, as appearing in the
23222322 23032022 Official Edition, is hereby amended by striking out, in line 3, the words “subsection (d)”
23232323 2304and inserting in place thereof the following words:- paragraph (3) of subsection (b).
23242324 2305 SECTION 36C. Said chapter 183B is hereby further amended by striking out section 15
23252325 2306and inserting in place thereof the following section:-
23262326 2307 Section 15. (a) This section shall apply to time-share licenses only to the extent expressly
23272327 2308provided by the time-share instrument.
23282328 2309 (b) A time-share may be terminated in accordance with the following:
23292329 2310 (1) After the occurrence of a duly noticed and called meeting of the association convened
23302330 2311for the purpose of discussion of the possible termination of the time-share plan, all time-shares in
23312331 2312a time-share property may be terminated by written agreement of the time-share owners having
23322332 2313at least 60 per cent of all eligible beneficial interests.
23332333 2314 (2) An agreement to terminate all time-shares in a time-share property shall be evidenced
23342334 2315by the execution, in the same manner as a deed, of a termination agreement, or ratifications
23352335 2316thereof, by the requisite number of time-share owners. The termination agreement shall specify a
23362336 2317date after which it shall be void unless it is recorded on or before said date, and it may provide
23372337 2318for the establishment of a termination trust to carry out its terms and effect a sale as hereinafter
23382338 2319provided. A termination agreement and all ratifications thereof shall be recorded in the registry
23392339 2320of deeds or land registration office in every district in which a portion of the time-share property
23402340 2321is situated and shall be effective only upon such recording. 107 of 177
23412341 2322 (3) Unless the termination agreement sets forth the material terms of a contract or
23422342 2323proposed contract under which an estate or interest in each time-share unit, equal to the sum of
23432343 2324the time-shares therein, is to be sold and designates a trustee or board of trustees to effect the
23442344 2325sale, title to an estate or interest in each time-share unit equal to the sum of the time-shares
23452345 2326therein vests upon termination in the time-share owners thereof in proportion to the respective
23462346 2327interests of the time-share owners, as provided in paragraphs (7) and (8), and liens on the time-
23472347 2328shares shall attach to and encumber any interests. Any co-owner of said estate or interest in a unit
23482348 2329may thereafter maintain an action for partition or for allotment or sale in lieu of partition.
23492349 2330 (4) If the termination agreement sets forth parameters for the material terms of a contract
23502350 2331or proposed contract under which an estate or interest in each time-share unit, equal to the sum of
23512351 2332the time-shares therein, is to be sold and designates the board of the time-share owners
23522352 2333association as trustees, or other individual or group of individuals as trustees, to effect the sale,
23532353 2334title to the estate or interest vests upon termination in the trustees for the benefit of the time-share
23542354 2335owners, to be transferred pursuant to the contract of sale. Net proceeds of the sale shall be
23552355 2336distributed to time-share owners and lienholders as their interests may appear, as provided in
23562356 2337paragraphs (7) and (8).
23572357 2338 (5) The termination of a time-share plan shall not change the status of the underlying
23582358 2339owners’ association. Upon termination of the time-share plan, the association shall continue to
23592359 2340exist, but only for the purposes of concluding its affairs, prosecuting and defending actions by or
23602360 2341against it, collecting and discharging obligations, disposing of and conveying its property,
23612361 2342collecting and dividing its assets and otherwise complying with this section. 108 of 177
23622362 2343 (6) All reasonable expenses incurred by the termination trustee relating to the
23632363 2344performance of their duties pursuant to this subsection, including the reasonable fees of attorneys
23642364 2345and other professionals, must be paid by the termination trustee.
23652365 2346 (7) The termination trustee shall adopt reasonable procedures to implement the timely
23662366 2347sale of the time-share property and comply with the requirements of this section.
23672367 2348 (8) Except as otherwise provided in the termination agreement, so long as the time-share
23682368 2349owners or their termination trustee hold title to an estate or interest equal to the sum of the time-
23692369 2350shares, each former time-share owner and their successors in interest shall have the same rights
23702370 2351with respect to occupancy in the time-share unit that they would have had if termination had not
23712371 2352occurred, together with the same liabilities and other obligations imposed by this chapter or the
23722372 2353time-share instrument.
23732373 2354 (9) After termination of all time-shares in a time-share property and adequate provision
23742374 2355for the payment of the claims of the creditors for time-share expenses, distribution of: (i) the
23752375 2356proceeds of any sale pursuant to this section; (ii) the proceeds of any personalty held for the use
23762376 2357and benefit of the former time-share owners; and (iii) any other funds held for the use and benefit
23772377 2358of the former time-share owners shall be made to the former time-share owners and their
23782378 2359successors in interest in proportion to their respective interests as provided in paragraph (8).
23792379 2360Following termination, creditors of the association holding liens perfected against the time-share
23802380 2361property prior to the termination may enforce said liens in the same manner as any other lien
23812381 2362holder. All other creditors of the association shall be treated as if they had perfected liens on the
23822382 2363time-share property immediately prior to termination. 109 of 177
23832383 2364 (10) The time-share instrument may specify the respective fractional or percentage
23842384 2365interest in the estate or interest in each unit or in the time-share property equal to the sum of the
23852385 2366time-shares therein that will be owned by each former time-share owner upon termination of the
23862386 2367time-shares. If the time-share instrument fails to so specify, then upon termination, each time-
23872387 2368share owner’s beneficial interest in the termination trust shall be equal to such owner’s prior
23882388 2369beneficial interest in the time-share property as set forth in the time-share instrument and any
23892389 2370underlying condominium master deed.
23902390 2371 SECTION 36D. Chapter 184 of the General Laws is hereby amended adding the
23912391 2372following section:-
23922392 2373 Section 36. (a) For the purposes of this section, the following words shall, unless the
23932393 2374context clearly requires otherwise, have the following meanings:
23942394 2375 “Affiliate”, an entity owned or controlled by an owner or under common control with an
23952395 2376owner.
23962396 2377 “Auction” or “public auction”, the sale of a housing accommodation under power of sale
23972397 2378in a mortgage loan by public bidding.
23982398 2379 “Borrower”, a mortgagor of a mortgage loan.
23992399 2380 “Deed in lieu,” a deed for the collateral property or the housing accommodation that the
24002400 2381mortgagee accepts from the borrower in exchange for the release of the borrower’s obligation
24012401 2382under the mortgage loan.
24022402 2383 “Designee”, a nonprofit organization, established pursuant to chapter 180, which is
24032403 2384selected by members of a tenant association. 110 of 177
24042404 2385 “Elderly tenant household”, a tenant household in which 1 or more of the residents are
24052405 2386age 65 or older.
24062406 2387 “Executive office”, the executive office of housing and livable communities established
24072407 2388in chapter 23B.
24082408 2389“Foreclosure”, a legal proceeding to terminate a borrower’s interest in property instituted by a
24092409 2390mortgagee and regulated under chapter 244.
24102410 2391 “Housing accommodation”, a building, structure or part thereof, rented or offered for rent
24112411 2392for living or dwelling purposes, including, but not limited to, a house, apartment, condominium
24122412 2393unit, cooperative unit and other multi-family residential dwelling; provided, that a housing
24132413 2394accommodation shall not include a group residence, homeless shelter, lodging house, orphanage,
24142414 2395temporary dwelling structure or transitional housing; and provided further, that a housing
24152415 2396accommodation shall not include a borrower-occupied housing accommodation if the borrower
24162416 2397is domiciled in the housing accommodation at the initiation of the short-sale, deed in lieu or
24172417 2398foreclosure process.
24182418 2399 “Member”, a natural person who is a member of a tenant association.
24192419 2400 “Minimum tenant participation percentage”, the minimum percentage of tenants who
24202420 2401shall participate as members of a tenant association as defined by the city or town in a municipal
24212421 2402ordinance or by-law; provided, that the minimum tenant participation percentage shall be not less
24222422 2403than 51 per cent of the tenant-occupied housing units. The percentage shall be calculated based
24232423 2404on the number of tenant-occupied housing units in a property. If more than 1 person is a lessee in
24242424 2405a unit, all of the tenants who are lessees for that unit shall participate as members of the tenant
24252425 2406association for the unit to be counted toward the participating percentage of units. 111 of 177
24262426 2407 “Mortgagee”, an entity to whom property is mortgaged, including, but not limited to,
24272427 2408mortgage servicers, lenders in a mortgage agreement and any agent, servant or employee of the
24282428 2409mortgagee or any successor in interest or assignee of the mortgagee's rights, interests or
24292429 2410obligations under the mortgage agreement.
24302430 2411 “Mortgage loan”, a loan secured wholly or partially by a mortgage on a housing
24312431 2412accommodation.
24322432 2413 “Owner”, a person, firm, partnership, corporation, trust, organization, limited liability
24332433 2414company or other entity, or its successors or assigns that holds title to real property.
24342434 2415 “Purchase contract”, a binding written agreement whereby an owner agrees to sell
24352435 2416property, including, but not limited to, a purchase and sale agreement, contract of sale, purchase
24362436 2417option or other similar instrument.
24372437 2418 “Purchaser”, a party who has entered into a purchase contract with an owner and who
24382438 2419will, upon performance of the purchase contract, become the new owner of the property.
24392439 2420 “Sale”, an act by which an owner conveys, transfers or disposes of property by deed or
24402440 2421otherwise, whether through a single transaction or a series of transactions; provided, that a
24412441 2422disposition of housing by an owner to an affiliate of such owner shall not constitute a sale.
24422442 2423 “Short-sale”, a sale approved by the mortgagee to a bona fide purchaser at a price that is
24432443 2424less than the borrower’s existing debt on the housing accommodation.
24442444 2425 “Successor”, an entity through which a tenant association may take title to the property,
24452445 2426which may be a corporation with the sole stockholder being the tenant association, a housing
24462446 2427cooperative organized under chapter 157B, a limited liability company in which the tenant 112 of 177
24472447 2428association is the member, a limited partnership in which the tenant association is a general
24482448 2429partner or when permitted by the municipality’s ordinance, a joint venture between any of such
24492449 2430entities and another party with: (i) the requisite experience in acquiring, developing and owning
24502450 2431residential property; and (ii) the financial capacity to guaranty financing of the purchase
24512451 2432transaction.
24522452 2433 “Tenant”, a natural person who has: (i) entered into an express written lease or rental
24532453 2434agreement with the owner for exclusive possession of the premises for at least 6 months; or (ii)
24542454 2435paid rent to the owner and the owner has accepted said rent for at least 6 months.
24552455 2436 “Tenant association”, an organization with a membership limited to present tenants of a
24562456 2437property that is: (i) registered with the municipality that has adopted an ordinance or by-law
24572457 2438consistent with this section; or (ii) a non-profit organization incorporated under chapter 180.
24582458 2439 “Third-party offer”, an offer to purchase the mortgaged property for valuable
24592459 2440consideration by an arm’s length purchaser; provided, that a third-party offer shall not include an
24602460 2441offer by the borrower or tenants.
24612461 2442 “Third-party purchaser”, a purchaser who is not a tenant association, a designee or an
24622462 2443affiliate.
24632463 2444 (b)(1) A city or town may accept this section, in the manner provided in section 4 of
24642464 2445chapter 4, through ordinance or by-law, to establish a tenant right to purchase property. This
24652465 2446section shall take effect no later than 180 days after such acceptance. A city or town may at any
24662466 2447time revoke its acceptance of this section by vote of the legislative body, subject to the charter of
24672467 2448the municipality. The revocation shall not affect agreements relative to tenants’ right to purchase
24682468 2449that have already been asserted prior to the revocation. 113 of 177
24692469 2450 (2) A municipal ordinance or by-law may contain provisions that establish:
24702470 2451 (i) tenancy protections for non-elderly tenant households that do not participate in the
24712471 2452tenant association;
24722472 2453 (ii) exclusion of applicability to properties with fewer than a designated number of units;
24732473 2454provided, that different exclusion numbers may be adopted for owner-occupied properties and
24742474 2455properties with no owner occupancy;
24752475 2456 (iii) criteria for designees;
24762476 2457 (iv) a tenant association’s ability to exercise rights pursuant to this section through a joint
24772477 2458venture or partnership with another entity with experience in developing, owning or operating
24782478 2459residential real estate or an entity that has the financial capacity to guaranty the financing of the
24792479 2460purchase transaction; and
24802480 2461 (v) exclusion of classes of properties in addition to the classes of properties enumerated
24812481 2462in subsection (k).
24822482 2463 (c) In any city or town that votes to adopt this section, an owner of a residential building
24832483 2464shall: (i) notify the municipality and each tenant household, in writing by hand delivery and
24842484 2465United States mail, of the owner’s intention to sell the property, with copy of the municipality’s
24852485 2466prepared summary of the ordinance adopted hereunder; and (ii) provide a tenant association with
24862486 2467the minimum tenant participation percentage an opportunity to make an offer to purchase the
24872487 2468property prior to entering into an agreement to sell such property pursuant to the time periods in
24882488 2469this section; provided, that no owner shall be under any obligation to enter into an agreement to
24892489 2470sell such property to the tenants. 114 of 177
24902490 2471 (d) A tenant association with the minimum tenant participation percentage may select a
24912491 2472successor or a designee to act on its behalf as purchaser of the property and shall give the owner
24922492 2473and the municipality notice of its selection.
24932493 2474 (e)(1) A tenant association with the minimum tenant participation percentage, or its
24942494 2475successor or designee, may, within 15 days after receipt of the notice of the owner’s intention to
24952495 2476sell, submit an offer to the owner to purchase the property.
24962496 2477 (2) A tenant association, successor or designee’s failure to submit a timely offer under
24972497 2478paragraph (1) shall constitute an irrevocable waiver of the tenants’ rights under this section. If
24982498 2479the owner and the tenant association, successor or designee, have not entered into an agreement
24992499 2480within 15 days after receipt of the notice of the owner’s intent to sell, the owner may enter into
25002500 2481an agreement to sell the property to a third party, subject to subsections (f) to (i), inclusive.
25012501 2482 (f) Upon execution of any purchase contract with a third party, the owner shall, within 7
25022502 2483days, submit a copy of the contract along with a proposed purchase contract for execution by the
25032503 2484tenant association, successor or designee. If the tenant association, successor or designee elect to
25042504 2485purchase the property, the tenant association, successor or designee shall within 30 days after the
25052505 2486receipt of the third-party purchase contract and the proposed purchase contract, execute the
25062506 2487proposed purchase contract or such other agreement as is acceptable to both parties. The time
25072507 2488periods set forth in this subsection may be extended by agreement between the owner and the
25082508 2489tenant association, successor or designee. Except as otherwise specified in subsection (h), the
25092509 2490terms and conditions of the proposed purchase contract offered to the tenant association,
25102510 2491successor or designee shall be the same as those of the executed third-party purchase contract. 115 of 177
25112511 2492 (g) After receipt of the third-party purchase contract pursuant to subsection (f), the tenant
25122512 2493association, successor or designee may, within the 15-day time period prescribed in said
25132513 2494subsection (f), make a counteroffer by executing and submitting to the owner an amended
25142514 2495proposed purchase contract. Failure by the tenant association, successor or designee to execute
25152515 2496the purchase contract or submit a counteroffer within the 15-day period in subsection (f) shall
25162516 2497constitute a waiver of the tenants’ right to purchase. If the tenant association, successor or
25172517 2498designee submits a counteroffer, the owner shall have 15 days from the date it receives the
25182518 2499amended proposed purchase contract to execute the amended proposed purchase contract or
25192519 2500reject, in writing, the counteroffer; provided, however, that if the owner rejects a counteroffer, it
25202520 2501shall not subsequently enter into any purchase contract with a third party on terms that are the
25212521 2502same as, or materially more favorable to the proposed third party purchaser, than the economic
25222522 2503terms and conditions in the counteroffer proposed by the tenant association, successor or
25232523 2504designee, unless the owner first provides a copy of such new third-party purchase contract and a
25242524 2505new proposed purchase contract for execution by the tenant association, successor or designee,
25252525 2506which shall contain the same terms and conditions as the newly executed third party purchase
25262526 2507contract, except as otherwise specified by subsection (h), and the tenant association, successor or
25272527 2508designee shall have 30 days from the date they receive the third-party purchase contract and the
25282528 2509proposed purchase contract to execute the proposed purchase contract or such other agreement as
25292529 2510is acceptable to the owner and the tenant association, successor or designee.
25302530 2511 (h) Any purchase contract offered to, or proposed by, the tenant association, successor or
25312531 2512designee shall include at a minimum the following terms:
25322532 2513 (i) the earnest money deposit shall not exceed the lesser of: (A) the deposit in the third-
25332533 2514party purchase contract; (B) 5 per cent of the sale price; or (C) $250,000; provided, however, that 116 of 177
25342534 2515the owner and the tenant association, successor or designee may agree to modify the terms of the
25352535 2516earnest money deposit; and provided, further, that the earnest money deposit shall be held under
25362536 2517commercially-reasonable terms by an escrow agent selected jointly by the owner and the tenant
25372537 2518association, successor or designee;
25382538 2519 (ii) the earnest money deposit shall be refundable for not less than 90 days from the date
25392539 2520of execution of the purchase contract or such greater period as provided for in the third-party
25402540 2521purchase contract; provided, however, that if the owner unreasonably delays the buyer’s ability
25412541 2522to conduct due diligence during the 90-day period, the earnest money deposit shall continue to be
25422542 2523refundable for a period greater than 90 days. After the expiration of the specified time period, the
25432543 2524earnest money deposit shall be forfeited and the right to purchase of the tenant association,
25442544 2525successor or designee shall be irrevocably waived.
25452545 2526 (i) The tenant association, successor or designee shall have 160 days from execution of
25462546 2527the purchase and sale agreement to perform all due diligence, secure financing and close on the
25472547 2528purchase of the property. Failure to exercise the purchase option within 160 days shall constitute
25482548 2529a waiver of the purchase option by the tenant association, successor or designee.
25492549 2530 (j) Any notice required by this section shall be deemed to have been provided when
25502550 2531delivered in person or mailed by certified or registered mail, return receipt requested, to the party
25512551 2532to whom notice is required. Notice shall be deemed to have been provided when either: (i) the
25522552 2533notice is delivered in hand to the tenant or an adult member of the tenant’s household; or (ii) the
25532553 2534notice is sent by first class mail and a copy is left in, or under the door of, the tenant’s dwelling
25542554 2535unit. A notice to the affected municipality shall be sent to the chief executive officer of the
25552555 2536municipality. 117 of 177
25562556 2537 (k) This section shall not apply to:
25572557 2538 (i) property that is the subject of a government taking by eminent domain or a negotiated
25582558 2539purchase in lieu of eminent domain;
25592559 2540 (ii) a proposed sale to a purchaser pursuant to terms and conditions that preserve
25602560 2541affordability, as determined by the executive office;
25612561 2542 (iii) any sale of publicly-assisted housing, as defined in section 1 of chapter 40T;
25622562 2543 (iv) rental units in any hospital, skilled nursing facility or health facility;
25632563 2544 (v) rental units in a nonprofit facility that has the primary purpose of providing short-term
25642564 2545treatment, assistance or therapy for alcohol, drug or other substance abuse; provided, that such
25652565 2546housing is incident to the recovery program; and provided further, that the client has been
25662566 2547informed in writing of the temporary or transitional nature of the housing;
25672567 2548 (vi) rental units in a nonprofit facility: (A) that provides a structured living environment
25682568 2549that has the primary purpose of helping homeless persons obtain the skills necessary for
25692569 2550independent living in permanent housing; (B) where occupancy is restricted to a limited and
25702570 2551specific period of time of not more than 24 months; and (C) where the client has been informed
25712571 2552in writing of the temporary or transitional nature of the housing at its inception;
25722572 2553 (vii) public housing units managed by the local housing authority;
25732573 2554 (viii) federal public housing units that are subsidized and regulated under federal law, to
25742574 2555the extent such applicable federal law expressly preempts this section; 118 of 177
25752575 2556 (ix) any residential property where the owner is a natural person who owns not more than
25762576 25576 residential rental units in the municipality and who resides in the commonwealth;
25772577 2558 (x) any unit that is held in trust on behalf of a disabled individual who permanently
25782578 2559occupies the unit, or a unit that is permanently occupied by a disabled parent, sibling, child or
25792579 2560grandparent of the owner of that unit; or
25802580 2561 (xi) any rental unit that is owned or managed by a college or university for the express
25812581 2562purpose of housing students.
25822582 2563 (l) The tenant association, successor or designee shall ensure that its purchase of the
25832583 2564property will not result in the displacement of any elderly tenant households that choose not to
25842584 2565participate in the purchase of the property.
25852585 2566 (m)(1) An owner shall give notice to each tenant household of a housing accommodation
25862586 2567of the intention to sell the housing accommodation by way of short-sale to avoid foreclosure or
25872587 2568its intention of accepting a deed in lieu. Such notice shall be mailed by regular and certified mail,
25882588 2569with a simultaneous copy to the attorney general, the secretary of the executive office and to the
25892589 2570municipality adopting this section, within 2 business days of the owner’s submission of a request
25902590 2571or application to the mortgagee for permission to sell the housing accommodation by way of
25912591 2572short-sale or to accept a deed in lieu. This notice shall also include a statement of the rights
25922592 2573provided by this section.
25932593 2574 (2) No mortgagee shall accept any third party offers or deem the owner’s application for
25942594 2575short-sale submitted for review unless and until the mortgagee receives documentation in a form
25952595 2576approved by the attorney general demonstrating that the tenants of the housing accommodation
25962596 2577have been informed of the owner’s intent to seek a short-sale or deed in lieu and the tenants have 119 of 177
25972597 2578expressed their interest in exercising a right of first refusal within 60 days, assigning that right of
25982598 2579first refusal, or the tenants have waived those rights. If the tenants have not affirmatively
25992599 2580expressed their interest in exercising a right of first refusal or in assigning that right within 60
26002600 2581days or have not affirmatively waived that right within 60 days, the tenants’ rights shall be
26012601 2582deemed waived.
26022602 2583 (3) Before a housing accommodation may be transferred by short-sale or deed in lieu, the
26032603 2584owner shall notify each tenant household, with a simultaneous copy to the attorney general, the
26042604 2585secretary of the executive office and the municipality adopting this section, by regular and
26052605 2586certified mail, of any bona fide offer that the mortgagee intends to accept. Before any short-sale
26062606 2587or transfer by deed in lieu, the owner shall give each tenant household such a notice of the offer
26072607 2588only if households constituting at least 51 per cent of the households occupying the housing
26082608 2589accommodation notify the owner, in writing, that they collectively desire to receive information
26092609 2590relating to the proposed sale. Tenants may indicate this desire within the same notice described
26102610 2591in paragraph (2). Any notice of the offer required to be given under this subsection shall include
26112611 2592the price, calculated as a single lump sum amount, of any promissory notes offered in lieu of
26122612 2593cash payment.
26132613 2594 (4) A group of tenants representing at least 51 per cent of the households occupying the
26142614 2595housing accommodation that are entitled to notice under paragraph (3) shall have the collective
26152615 2596right to purchase, in the case of a third party offer that the mortgagee intends to accept, provided
26162616 2597that the group of tenants shall: 120 of 177
26172617 2598 (A) submit to the owner reasonable evidence that the tenants of at least 51 per cent of the
26182618 2599occupied units in the housing accommodation have approved the purchase of the housing
26192619 2600accommodation;
26202620 2601 (B) submit to the owner a proposed purchase and sale agreement on substantially
26212621 2602equivalent terms and conditions within 60 days of receipt of notice of the offer made under
26222622 2603paragraph (3);
26232623 2604 (C) obtain a binding commitment for any necessary financing or guarantees within an
26242624 2605additional 90 days after execution of the purchase and sale agreement; and
26252625 2606 (D) close on such purchase within an additional 90 days after the end of the 90-day
26262626 2607period in clause (C).
26272627 2608 (5) No owner shall unreasonably refuse to enter into, or unreasonably delay the execution
26282628 2609or closing on a purchase and sale with tenants who have made a bona fide offer to meet the price
26292629 2610and substantially equivalent terms and conditions of an offer for which notice is required to be
26302630 2611given pursuant to paragraph (3). Failure of the tenants to submit such a purchase and sale
26312631 2612agreement within the first 60-day period, to obtain a binding commitment for financing within
26322632 2613the additional 90-day period or to close on the purchase within the second 90-day period, shall
26332633 2614serve to terminate the rights of such tenants to purchase. The time periods provided in this
26342634 2615paragraph may be extended by agreement. Nothing herein shall be construed to require an owner
26352635 2616to provide financing to such tenants. A group or association of tenants that has the right to
26362636 2617purchase pursuant to this subsection, at its election, may assign its purchase right pursuant to this
26372637 2618subsection to the city or town in which the housing accommodation is located, or the housing
26382638 2619authority of the city or town in which the housing accommodation is located, or an agency of the 121 of 177
26392639 2620commonwealth, nonprofit, community development corporation, affordable housing developer,
26402640 2621or land trust, for the purpose of permanently continuing the use of the housing accommodation as
26412641 2622affordable rental housing.
26422642 2623 (6) The right of first refusal created in this subsection shall inure to the tenants for the
26432643 2624time periods provided in paragraph (4), beginning on the date of notice to the tenants under
26442644 2625paragraph (1). The effective period for such right of first refusal shall begin anew for each
26452645 2626different offer to purchase that the mortgagee intends to accept. The right of first refusal shall not
26462646 2627apply with respect to any offer received by the owner for which a notice is not required pursuant
26472647 2628to paragraph (3).
26482648 2629 (7) In any instance where the tenants are not the successful purchaser of the housing
26492649 2630accommodation, the mortgagee shall provide evidence of compliance with this section by filing
26502650 2631an affidavit of compliance with the attorney general, the secretary of the executive office and the
26512651 2632registry of deeds for the county and district where the property is located within 7 days of the
26522652 2633sale.
26532653 2634 (8) An owner shall not evict a tenant to avoid application of this subsection.
26542654 2635 (9) An aggrieved tenant may seek damages under chapter 93A and may file a complaint
26552655 2636with the attorney general. A tenant may seek damages, including compensatory relief in the form
26562656 2637of a percentage of the sales price, injunctive relief in the form of specific performance to compel
26572657 2638transfer of the property or both compensatory and injunctive relief. Nothing in this subsection
26582658 2639shall be construed to limit or constrain the rights tenants currently have under applicable laws,
26592659 2640including, but not limited to, chapters 186 and 186A. At all times, all parties shall negotiate in
26602660 2641good faith. 122 of 177
26612661 2642 (10) The attorney general shall enforce this subsection and shall promulgate rules and
26622662 2643regulations necessary for enforcement. The attorney general may seek injunctive, declaratory and
26632663 2644compensatory relief on behalf of tenants and the commonwealth in a court of competent
26642664 2645jurisdiction. The attorney general shall post a sample intent to sell notice, sample proof of notice
26652665 2646to tenants, sample notice of offer and other necessary documents.
26662666 2647 (n)(1) When a mortgagee seeks judicial determination of the right to foreclose, the
26672667 2648mortgagee shall provide a copy of the complaint by regular and certified mail to the tenants of
26682668 2649the housing accommodation and to the municipality adopting this section. The mortgagee shall
26692669 2650also provide tenants and the municipality, by regular and certified mail, with a copy of any order
26702670 2651of notice issued by the land court, if applicable, within 5 days of issuance.
26712671 2652 (2) The mortgagee shall provide each tenant household and the municipality adopting this
26722672 2653section, by regular and certified mail, a copy of all notices of sale published pursuant to section
26732673 265414 of chapter 244. A copy shall be provided simultaneously with the successive publication
26742674 2655notices.
26752675 2656 (3) Not later than 5 business days before the auction of a housing accommodation, the
26762676 2657tenants shall inform the mortgagee, in writing, if a group of tenants representing at least 51 per
26772677 2658cent of the households occupying the housing accommodation or an entity to which they have
26782678 2659assigned their right of first refusal intend to exercise their right of first refusal at auction and
26792679 2660desire to receive information relating to the proposed auction.
26802680 2661 (4) A group of tenants representing at least 51 per cent of the households occupying the
26812681 2662housing accommodation or an entity to which they have assigned their right of first refusal may 123 of 177
26822682 2663exercise their collective right to purchase the housing accommodation, in the event of a third
26832683 2664party offer at auction that the mortgagee receives; provided, that the group of tenants shall:
26842684 2665 (i) submit to the mortgagee reasonable evidence that the tenants of at least 51 per cent of
26852685 2666the occupied homes in the housing accommodation have approved the purchase of the housing
26862686 2667accommodation;
26872687 2668 (ii) submit to the mortgagee a proposed purchase and sale agreement on substantially
26882688 2669equivalent terms and conditions to that received by the mortgagee in the third-party offer within
26892689 267060 days of receipt of notice of the bid made under paragraph (3);
26902690 2671 (iii) obtain a binding commitment for any necessary financing or guarantees within an
26912691 2672additional 90 days after execution of the purchase and sale agreement; and
26922692 2673 (iv) close on such purchase within an additional 90 days after the end of the 90-day
26932693 2674period under clause (iii).
26942694 2675 No mortgagee shall unreasonably refuse to enter into, or unreasonably delay the
26952695 2676execution or closing on a purchase and sale with tenants who have made a bona fide offer to
26962696 2677meet the price and substantially equivalent terms and conditions of a bid received at auction.
26972697 2678Failure of the tenants to submit such a purchase and sale agreement within the first 60-day
26982698 2679period, to obtain a binding commitment for financing within the additional 90-day period or to
26992699 2680close on the purchase within the second 90-day period, shall serve to terminate the rights of such
27002700 2681tenants to purchase. The time periods provided in this paragraph may be extended by agreement.
27012701 2682 Nothing herein shall be construed to require a mortgagee to provide financing to such
27022702 2683tenants. A group or association of tenants that has the right to purchase hereunder, at its election, 124 of 177
27032703 2684may assign its purchase right hereunder to the city, town, housing authority, or agency of the
27042704 2685commonwealth, nonprofit, community development corporation, affordable housing developer,
27052705 2686or land trust for the purpose of permanently continuing the use of the housing accommodation as
27062706 2687affordable rental housing.
27072707 2688 If there are no third-party bids at auction for the housing accommodation, the tenants
27082708 2689shall have a right of first refusal whenever the mortgagee seeks to sell the housing
27092709 2690accommodation. The tenants shall be notified of any offers the mortgagee intends to accept and
27102710 2691shall be given an opportunity to meet the price and substantially the terms of a third-party offer
27112711 2692based on the same timeline described in paragraph (4).
27122712 2693 (5) The right of first refusal created herein shall inure to the tenants for the time periods
27132713 2694herein before provided, beginning on the date of notice to the tenants under paragraph (1).
27142714 2695 (6) In any instance where the tenants are not the successful purchaser of the housing
27152715 2696accommodation, the seller of such unit shall provide evidence of compliance with this section by
27162716 2697filing an affidavit of compliance with the attorney general, the secretary of the executive office
27172717 2698and the registry of deeds for the county and district where the property is located within 7 days of
27182718 2699the sale.
27192719 2700 (7) An owner shall not evict a tenant to avoid application of this subsection.
27202720 2701 (8) An aggrieved tenant may seek damages under chapter 93A and may file a complaint
27212721 2702with the attorney general. A tenant may seek damages including a percentage of the sales price
27222722 2703or injunctive relief in the form of specific performance to compel transfer of property, or both
27232723 2704compensatory and injunctive relief. Nothing in this subsection shall be construed to limit or 125 of 177
27242724 2705constrain in any way the rights tenants currently have under applicable laws, including, but not
27252725 2706limited to, chapters 186 and 186A. At all times, all parties shall negotiate in good faith.
27262726 2707 (9) The attorney general shall enforce this subsection and shall promulgate rules and
27272727 2708regulations necessary for enforcement. The attorney general may seek injunctive, declaratory,
27282728 2709and compensatory relief on behalf of tenants and the commonwealth in a court of competent
27292729 2710jurisdiction. The attorney general shall post a sample intent to sell notice, sample proof of notice
27302730 2711to tenants, sample notice of offer, and other necessary documents.
27312731 2712 SECTION 36E. Chapter 185 of the General Laws is hereby amended by striking out
27322732 2713section 52 and inserting in place thereof the following section:-
27332733 2714 Section 52. (a) As used in this section, “notice of voluntary withdrawal” shall mean an
27342734 2715instrument in writing signed and acknowledged by all owners of the land to be voluntarily
27352735 2716withdrawn and that contains the following information: (i) names and addresses of all owners;
27362736 2717(ii) the certificate of title number with the registration book and page numbers; (iii) a description
27372737 2718of the land in the form contained in the certificate of title or a description incorporating by
27382738 2719reference the lot numbers, if numbered and the land court plan, together with a reference to the
27392739 2720certificate with which the plan is filed; and (iv) the street address of the land, if any. The notice
27402740 2721of voluntary withdrawal shall include warning to all interest holders entitled to notice that any
27412741 2722objection to the requested withdrawal shall be filed with the court not later than 30 days
27422742 2723following the service of the notice or shall be waived.
27432743 2724 (b) A judgment of registration and the entry of a certificate of title shall be
27442744 2725regarded as an agreement running with the land and binding upon the plaintiff and the plaintiff's
27452745 2726successors in title that the land shall be and forever remain registered land and subject to this 126 of 177
27462746 2727chapter unless withdrawn under this section and except as provided in section 26.
27472747 2728 (c) If all of a parcel of land, the title to which is registered under this chapter, is acquired
27482748 2729by the commonwealth, any agency, department, board, commission or authority of the
27492749 2730commonwealth, any political subdivision of the commonwealth or any agency, department,
27502750 2731board, commission or authority of any political subdivision of the commonwealth, the
27512751 2732acquisition shall be a sufficient ground for withdrawal of the registered land from this chapter.
27522752 2733The land so acquired shall be withdrawn upon the filing with the land court of a complaint for
27532753 2734voluntary withdrawal by the public entity and the endorsement by a justice of the land court of a
27542754 2735notice of withdrawal by the public entity, which shall be filed in the registry district where the
27552755 2736land is located.
27562756 2737 (d) The owners of the fee simple estate in a parcel of land, the title to which has been
27572757 2738registered under this chapter, may voluntarily withdraw the registered land from this chapter by
27582758 2739filing with the land court a complaint for voluntary withdrawal naming themselves as all of the
27592759 2740owners of the fee simple estate in the entire parcel of land, and identifying any mortgagees,
27602760 2741lessees or option holders of record having an interest in the registered land, together with a notice
27612761 2742of voluntary withdrawal. The plaintiff shall file with the complaint documentation sufficient to
27622762 2743establish conclusively their ownership of the fee simple estate in the entire parcel of land that is
27632763 2744the subject of the complaint, including, but not limited to, a last-prepared certificate of title,
27642764 2745deeds, conveyance records or other documents or instruments that demonstrate their ownership
27652765 2746interest. The plaintiff also may file with the court written and signed assents from any interest
27662766 2747holders entitled to notice who have agreed to the withdrawal. Upon the request of the plaintiff or
27672767 2748the court’s determination of reasonable need, the court may appoint an examiner of title, whose
27682768 2749fees shall be paid by the plaintiff, to prepare a report sufficient to identify the current owners and 127 of 177
27692769 2750all current mortgagees, lessees, or option holders with interests in the land who are entitled to
27702770 2751notice. The court’s order of appointment shall be made not later than 30 days after receipt of the
27712771 2752complaint or request for appointment, if later made, unless the court, for good cause, determines
27722772 2753that appointment at a later time is indicated, and shall direct such report to be prepared and filed
27732773 2754with the court not later than 14 days after the appointment is made, unless the court, for good
27742774 2755cause, then or thereafter allows further time. All interest holders entitled to notice who have not
27752775 2756assented shall be served by certified mail with a file-stamped copy of the complaint and notice of
27762776 2757voluntary withdrawal. The court may order further notice to be given, including by additional
27772777 2758means, if the court determines it necessary or desirable to accomplish effective service. The
27782778 2759plaintiff shall file with the court an affidavit certifying that such notice by certified mail or other
27792779 2760means ordered by the court has been given, together with proof of service. Where the plaintiff is
27802780 2761represented by counsel, the affidavit shall be executed by counsel.
27812781 2762 (e) If no objection has been filed by any interest holder entitled to notice not later than 30
27822782 2763days following service, a justice of the court shall approve and endorse the notice of voluntary
27832783 2764withdrawal not later than 30 days following receipt of all required information and
27842784 2765documentation unless the court, for good cause, determines that further time is indicated.
27852785 2766Notwithstanding the filing of an objection not later than 30 days, the notice of voluntary
27862786 2767withdrawal shall be endorsed by a justice of the land court unless the court determines that there
27872787 2768is good cause for the objection. Upon endorsement by a justice of the land court, the notice of
27882788 2769voluntary withdrawal shall be filed for registration and noted on the memorandum of
27892789 2770encumbrances for the certificate of title and may be recorded with the registry of deeds for the
27902790 2771district within which the land lies, whereupon the land shall be withdrawn from this chapter and
27912791 2772shall become unregistered land. The owners shall hold title to the land free of all liens and 128 of 177
27922792 2773encumbrances, including adverse possession and prescriptive rights, existing as of the date the
27932793 2774judicially-endorsed notice of voluntary withdrawal is noted on the memorandum of
27942794 2775encumbrances, as though a judgment of confirmation without registration had been recorded
27952795 2776under section 56A; provided, however, that the owners shall not hold title free of the
27962796 2777encumbrances set forth or referred to in section 46 and those noted on the certificate of title or
27972797 2778filed for registration before the date the endorsed notice of voluntary withdrawal is noted on the
27982798 2779memorandum of encumbrances.
27992799 2780 (f) The chief justice of the land court or a designee may promulgate or establish rules,
28002800 2781practices, guidelines, forms or procedures, including an appropriate filing fee for the complaint
28012801 2782and notice of voluntary withdrawal, as necessary to implement this section.
28022802 2783 SECTION 36F. Said chapter 185 is hereby further amended by striking out section 114
28032803 2784and inserting in place thereof the following section:-
28042804 2785 Section 114. (a) No erasure, alteration or amendment shall be made upon the registration
28052805 2786book after the entry of a certificate of title or of a memorandum thereon and the attestation of the
28062806 2787same by the recorder or an assistant recorder without court order, except in an instance in which
28072807 2788the assistant recorder, upon approval of the chief title examiner of the land court or their
28082808 2789designee, determines that a clerical error or omission has been made in the entry of the certificate
28092809 2790of title or memorandum thereon.
28102810 2791 (b) A registered owner or other person in interest may apply by complaint to the court
28112811 2792upon the grounds that: (i) registered interests of any description, whether vested, contingent,
28122812 2793expectant or inchoate, have terminated and ceased; (ii) new interests not appearing upon the
28132813 2794certificate have arisen or been created; (iii) an error or omission was made in entering a 129 of 177
28142814 2795certificate or any memorandum thereon; (iv) the name of any person on the certificate has been
28152815 2796changed; (v) the registered owner has married, or if registered as married, that the marriage has
28162816 2797been terminated; (vi) a corporation which owned registered land and has been dissolved has not
28172817 2798conveyed the same within 3 years after its dissolution; or (vii) upon any other reasonable ground,
28182818 2799and the court may hear and determine the complaint after notice to all parties in interest, and may
28192819 2800order the entry of a new certificate, the entry or cancellation of a memorandum upon a
28202820 2801certificate, or grant any other relief upon such terms, requiring security if necessary, as it may
28212821 2802consider proper; provided, however, that this section shall not authorize the court to open the
28222822 2803original judgment of registration; and provided further, that nothing shall be done by the assistant
28232823 2804recorder or ordered by the court that shall impair the title or other interest of a purchaser holding
28242824 2805a certificate for value and in good faith, or their heirs or assigns, without their written consent.
28252825 2806 SECTION 37. Section 1 of chapter 188 of the General Laws, as appearing in the 2022
28262826 2807Official Edition, is hereby amended by striking out, in lines 15, 21, 25, 41 and 47, each time it
28272827 2808appears, the figure “$500,000” and inserting in place thereof, in each instance, the following
28282828 2809figure:- $1,000,000.
28292829 2810 SECTION 38. Section 3 of chapter 708 of the acts of 1966, as amended by section 43 of
28302830 2811chapter 204 of the acts of 1996, is hereby further amended by striking out, in the first sentence,
28312831 2812the words “department of housing and community development” and inserting in place thereof
28322832 2813the following words:- executive office of housing and livable communities.
28332833 2814 SECTION 39. The first paragraph of said section 3 of said chapter 708, as most recently
28342834 2815amended by sections 43 and 44 of said chapter 204, is hereby further amended by striking out the
28352835 2816third sentence and inserting in place thereof the following sentence:- Any law to the contrary 130 of 177
28362836 2817notwithstanding the MHFA shall not be subject to the provisions of chapter 30A, sections 24
28372837 2818through 28, inclusive, of chapter 93, chapter 255E or chapter 255F of the General Laws.
28382838 2819 SECTION 40. The first sentence of the second paragraph of said section 3 of said chapter
28392839 2820708, as amended, is hereby further amended by striking out the words “director of housing and
28402840 2821community development” and inserting in place thereof the following words:- secretary of
28412841 2822housing and livable communities.
28422842 2823 SECTION 41. Paragraph (b) of section 8 of said chapter 708, is hereby amended by
28432843 2824striking out the sixth sentence, as most recently amended by chapter 34 of the acts of 2003, and
28442844 2825inserting in place thereof the following sentence:- The aggregate principal amount of notes and
28452845 2826bonds of the MHFA issued to make mortgage loans pursuant to section 5 and to make or
28462846 2827purchase loans pursuant to section 5A, outstanding at any 1 time, shall not exceed the sum of
28472847 2828$10,800,000,000.
28482848 2829 SECTION 42. Paragraph (a) of section 35 of chapter 405 of the acts of 1985 is hereby
28492849 2830further amended by striking out the words “department of housing and community
28502850 2831development”, as appearing in section 47 of chapter 204 of the acts of 1996, and inserting in
28512851 2832place thereof the following words:-  executive office of housing and livable communities.
28522852 2833 SECTION 43. Said paragraph (a) of said section 35 of said chapter 405 is hereby further
28532853 2834amended by striking out the words “communities and development”, as appearing in section 36
28542854 2835of chapter 102 of the acts of 1990, and inserting in place thereof the following words:- housing
28552855 2836and livable communities. 131 of 177
28562856 2837 SECTION 44. Section 2 of chapter 52 of the acts of 1993 is hereby amended by striking
28572857 2838out item 4000-8200, most recently amended by sections 15 to 18, inclusive, of chapter 244 of the
28582858 2839acts of 2002, and inserting in place thereof the following item:-
28592859 2840 4000-8200For state financial assistance to implement the recommendations of the
28602860 2841special commission in the form of loans for the development of community-based housing for
28612861 2842individuals with mental health or intellectual or developmental disabilities; provided, that said
28622862 2843loan program shall be administered by the executive office of housing and livable communities
28632863 2844through contracts with authorities which shall be limited to housing authorities and
28642864 2845redevelopment authorities duly organized and existing in accordance with chapter 121B of the
28652865 2846General Laws, community development corporations duly organized and existing in accordance
28662866 2847with chapter 40F of the General Laws, the Massachusetts Housing Finance Agency, a body
28672867 2848politic and corporate entity established by chapter 708 of the acts of 1966, as amended, the
28682868 2849Massachusetts community economic development assistance corporation (CEDAC), a body
28692869 2850politic and corporate entity established by chapter 40H of the General Laws, and the
28702870 2851Massachusetts Government Land Bank, a body politic and corporate entity established by
28712871 2852chapter 212 of the acts of 1975; provided, that said loan issuing authorities may develop or
28722872 2853finance said community-based housing, or may enter into subcontracts with non-profit
28732873 2854organizations established pursuant to chapter 180 of the General Laws or organizations in which
28742874 2855such non-profit corporations have a controlling financial or managerial interest; provided,
28752875 2856however, that said department shall take due consideration of a balanced geographic plan for
28762876 2857such community-based housing when issuing said loans; provided further, that loans issued
28772877 2858pursuant to this item shall be subject to the following provisions: (1) said loans shall be limited
28782878 2859to not more than 50 per cent of the financing of the total development costs; (2) said loans shall 132 of 177
28792879 2860only be issued for a community-based housing project contingent on the title to said real property
28802880 2861reverting to the commonwealth when said loan becomes due and payable except as provided by
28812881 2862section 3; (3) said loans shall only be issued when any contract or agreement for the use of said
28822882 2863property for the purposes of such community-based housing provides for the recording of a
28832883 2864restriction in the registry of deeds or the registry district of the land court of the county in which
28842884 2865the affected real property is located, for the benefit of the said departments, running with the
28852885 2866land, that the land be used for the purpose of providing community-based housing for eligible
28862886 2867individuals as determined by the departments of mental health; provided, that the property shall
28872887 2868not be released from such restrictions unless: (i) the balance of the principal and interest for the
28882888 2869loan has been repaid in full; (ii) a mortgage foreclosure deed has been recorded; or (iii) there has
28892889 2870been a disposition of the property; provided, that the executive office of housing and livable
28902890 2871communities, in consultation with the department of mental health and the department of
28912891 2872developmental services, determines that relevant clients will be better served at an alternative
28922892 2873property and the proceeds from the disposition of the property will be used, to the extent
28932893 2874necessary for replacement of the housing at the property, for 1 or both of the following purposes:
28942894 2875(A) to acquire such alternative property; or (B) to rehabilitate such alternative property; (4) said
28952895 2876loans shall be issued for a term of up to 30 years during which time repayment may be deferred
28962896 2877by the loan issuing authority unless at the end of any fiscal year, cash collections from all sources
28972897 2878in connection with a community-based housing project, except for contributions, donations, or
28982898 2879grant monies, exceed 105 per cent of cash expenditures on behalf of said project, including debt
28992899 2880service, operating expenses, and capital reserves, in which event such excess cash shall be paid
29002900 2881to the commonwealth within 45 days of the end of said fiscal year, payable first to interest due
29012901 2882hereunder and thereafter to principal advanced pursuant to said loan; provided, that if on the date 133 of 177
29022902 2883said loans become due and payable to the commonwealth an outstanding balance exists and if, on
29032903 2884such date, the executive office of housing and livable communities in consultation with the
29042904 2885executive office of health and human services, determines that there still exists a need for such
29052905 2886housing and that there is continued funding available for the provision of services to such
29062906 2887development, said executive office may, by agreement with the owner of the development,
29072907 2888extend the loans for such periods, each period not to extend beyond 10 years, as the executive
29082908 2889office determines; provided, however, that the project, whether at the original property, or at an
29092909 2890alternative property pursuant to clause (3), shall remain affordable housing for the duration of the
29102910 2891loan term, as extended, as set forth in the contract or agreement entered into by the executive
29112911 2892office; and provided, further, that, in the event that the terms of repayment detailed in this item
29122912 2893would cause a project authorized by this item to become ineligible to receive federal funds which
29132913 2894would otherwise assist in the development of that project, the secretary may waive the terms of
29142914 2895repayment which would cause the project to become ineligible; (5) interest rates for said loans
29152915 2896shall be fixed at a rate, to be determined by the secretary for housing and livable communities in
29162916 2897consultation with the treasurer of the commonwealth, that shall be equal to the rate anticipated to
29172917 2898be that paid by the commonwealth for bonds issued pursuant to section 8 of this act; which
29182918 2899financing shall not exceed terms of 30 years; (6) said loans shall be provided only for projects
29192919 2900conforming to the provisions of this act; and (7) said loans shall be issued in accordance with a
29202920 2901facilities consolidation plan prepared by the secretary of health and human services, reviewed
29212921 2902and approved by the secretary of housing and livable communities and filed with the secretary
29222922 2903for administration and finance and the house and senate committees on ways and means;
29232923 2904provided, that no expenditures shall be made pursuant to this item without the prior approval of
29242924 2905the secretary for administration and finance; provided further, that not more than $10,000,000 134 of 177
29252925 2906shall be expended from this item for a pilot program of community-based housing loans to serve
29262926 2907mentally-ill homeless individuals in the current or former care of said department of mental
29272927 2908health; provided further, that in implementing said pilot program, said executive office shall take
29282928 2909due consideration of a balanced geographic plan when establishing community-based residences;
29292929 2910provided further, that said housing services made available pursuant to such loans shall not be
29302930 2911construed as a right or an entitlement for any individual or class of persons to the benefits of said
29312931 2912pilot program; and provided further, that eligibility for said pilot program shall be established by
29322932 2913regulations promulgated by said executive office. The executive office of housing and livable
29332933 2914communities is hereby authorized and directed to promulgate emergency regulations pursuant to
29342934 2915section 2 of chapter 30A of the General Laws for the implementation of the community-based
29352935 2916housing loan program and the mentally ill homeless pilot loan program authorized by this item,
29362936 2917consistent with the facilities consolidation plan prepared by the secretary of health and human
29372937 2918services and after consultation with said secretary and the commissioner of the division of capital
29382938 2919asset management and maintenance.……………………………………………….$50,000,000
29392939 2920 SECTION 45. Clause (2) of item 3722-8899 of section 2 of chapter 494 of the acts of
29402940 29211993 is hereby amended by striking out the words “provided, that said property shall not be
29412941 2922released from such restriction unless and until the balance of the principal and interest for said
29422942 2923loan is repaid in full or unless and until a mortgage foreclosure deed is recorded” and inserting in
29432943 2924place thereof the following words:- provided, that said property shall not be released from such
29442944 2925restriction unless and until: (i) the balance of the principal and interest for said loan has been
29452945 2926repaid in full; (ii) a mortgage foreclosure deed has been recorded; or (iii) there has been a
29462946 2927disposition of the property; provided, further that the executive office of housing and livable
29472947 2928communities shall determine that relevant clients will be better served at an alternative property 135 of 177
29482948 2929and the proceeds from the disposition of the property shall be used, to the extent necessary for
29492949 2930replacement of the housing at the property, for 1 or both of the following purposes: (A) to
29502950 2931acquire such alternative property; or (B) to rehabilitate such alternative property.
29512951 2932 SECTION 46. Clause (4) of said item 3722-8899 of said section 2 of said chapter 494 is
29522952 2933hereby amended by striking out the words “provided, that the project continues to remain
29532953 2934affordable housing as set forth in the contract or agreement entered into for the duration of the
29542954 2935project by the department” and inserting in place thereof the following words:- provided, that
29552955 2936that the project, whether at the original property, or at an alternative property pursuant to clause
29562956 2937(2), continues to remain affordable housing as set forth in the contract or agreement entered into
29572957 2938for the duration of the project by the executive office.
29582958 2939 SECTION 47. Said item 3722-8899 of said section 2 of said chapter 494 is hereby further
29592959 2940amended by striking out clauses (6) to (8), inclusive, and inserting in place thereof the following
29602960 2941clause:- and (6) the executive office shall take due consideration of a balanced geographic plan
29612961 2942for such alternative forms of housing when issuing said loans;.
29622962 2943 SECTION 48. The first paragraph of section 16 of chapter 179 of the acts of 1995 is
29632963 2944hereby amended by striking out the words “in the form of mobile vouchers” and inserting in
29642964 2945place thereof the following words:- in the form of either mobile vouchers or project-based
29652965 2946vouchers.
29662966 2947 SECTION 49. The second paragraph of section 12 of chapter 257 of the acts of 1998, as
29672967 2948amended by section 52 of chapter 235 of the acts of 2000, is hereby further amended by striking
29682968 2949out clause (2) and inserting in place thereof the following clause:- 136 of 177
29692969 2950 (2) such loans shall only be issued when a contract or agreement for the use of the
29702970 2951property for the purposes of such housing provides for the recording of a restriction in the
29712971 2952registry of deeds or the registry district of the land court in the county in which the affected real
29722972 2953property is located, for the benefit of the executive office of housing and livable communities,
29732973 2954running with the land, that the land be used for the purpose of providing alternative forms of
29742974 2955rental and ownership housing. Such property shall not be released from such restriction until: (i)
29752975 2956the balance of the principal and interest for any such loan has been repaid in full; (ii) a mortgage
29762976 2957foreclosure deed has been recorded; or (iii) there has been a disposition of the property;
29772977 2958provided, that the executive office shall determine that relevant clients will be better served at an
29782978 2959alternative property and the proceeds from the disposition of the property will be used, to the
29792979 2960extent necessary for replacement of the housing at the property, for 1 or both of the following
29802980 2961purposes: (A) to acquire such alternative property; or (B) to rehabilitate such alternative
29812981 2962property;.
29822982 2963 SECTION 50. Clause (3) of said section 12 of said chapter 257 , as so amended, is hereby
29832983 2964further amended by striking out the words “, provided that the project continues to remain
29842984 2965affordable housing as set forth in the contract or agreement entered into for the duration of the
29852985 2966project by the department” and inserting in place thereof the following words:- ; provided, that
29862986 2967the project, whether at the original property, or at an alternative property pursuant to clause (2),
29872987 2968continues to remain affordable housing as set forth in the contract or agreement entered into for
29882988 2969the duration of the project by the executive office.
29892989 2970 SECTION 51. Said section 12 of said chapter 257, as so amended, is hereby further
29902990 2971amended by striking out clauses (5) to (7), inclusive, and inserting in place thereof the following 137 of 177
29912991 2972clause:- and (5) said executive office shall take due consideration of a balanced geographic plan
29922992 2973for such alternative forms of housing when issuing such loans.
29932993 2974 SECTION 52. The second paragraph of section 5 of chapter 244 of the acts of 2002 is
29942994 2975hereby amended by striking out clause (2) and inserting in place thereof the following clause:-
29952995 2976 (2) such loans shall only be issued when a contract or agreement for the use of the
29962996 2977property for the purposes of such housing provides for the recording of a restriction in the
29972997 2978registry of deeds or the registry district of the land court in the county in which the affected real
29982998 2979property is located, for the benefit of the executive office of housing and livable communities,
29992999 2980running with the land, that the land be used for the purpose of providing alternative forms of
30003000 2981rental and ownership housing. Such property shall not be released from such restriction until: (i)
30013001 2982the balance of the principal and interest for any such loan has been repaid in full; (ii) a mortgage
30023002 2983foreclosure deed has been recorded; or (iii) there has been a disposition of the property;
30033003 2984provided, that the executive office shall determine that relevant clients will be better served at an
30043004 2985alternative property and the proceeds from the disposition of the property will be used, to the
30053005 2986extent necessary for replacement of the housing at the property, for 1 or both of the following
30063006 2987purposes: (A) to acquire such alternative property; or (B) to rehabilitate such alternative
30073007 2988property;.
30083008 2989 SECTION 53. Said second paragraph of said section 5 of said chapter 244 is hereby
30093009 2990further amended by striking out, in clause (3), the words “provided that the project continues to
30103010 2991remain affordable housing as set forth in the contract or agreement entered into for the duration
30113011 2992of the project by the department” and inserting in place thereof the following words:- ; provided,
30123012 2993that the project, whether at the original property, or at an alternative property pursuant to clause 138 of 177
30133013 2994(2), continues to remain affordable housing as set forth in the contract or agreement entered into
30143014 2995for the duration of the project by the executive office.
30153015 2996 SECTION 54. Said second paragraph of said section 5 of said chapter 244 is hereby
30163016 2997further amended by striking out clauses (5) to (7), inclusive, and inserting in place thereof the
30173017 2998following clause:- and (5) said executive office shall take due consideration of a balanced
30183018 2999geographic plan for such alternative forms of housing when issuing such loans.
30193019 3000 SECTION 55. Item 4000-8200 of section 2E of chapter 290 of the acts of 2004, as
30203020 3001amended by section 20 of chapter 6 of the acts of 2005, is hereby further amended by striking out
30213021 3002clause (2) and inserting in place thereof the following clause:-
30223022 3003 (2) said loans shall be issued only when any contract or agreement for the use of said
30233023 3004property for the purposes of such housing provides for repayment to the commonwealth at the
30243024 3005time of disposition of the property if such property will no longer be subject to a recorded deed
30253025 3006restriction pursuant to clause (3); provided, however, that such repayment shall be an amount
30263026 3007equal to the commonwealth’s proportional contribution from the Facilities Consolidation Fund to
30273027 3008the cost of the development through payments made by the state agency making the contract;
30283028 3009provided, further, that such repayment shall not be required if the executive office of housing and
30293029 3010livable communities, in consultation with the department of mental health and the department of
30303030 3011developmental services, determines that relevant clients will be better served at an alternative
30313031 3012property and the proceeds from the disposition of the property will be used, to the extent
30323032 3013necessary for replacement of the housing at the property, for 1 or both of the following purposes:
30333033 3014(A) to acquire such alternative property; or (B) to rehabilitate such alternative property;. 139 of 177
30343034 3015 SECTION 56. Clause (3) of said item 4000-8200 of said section 2E of said chapter 290,
30353035 3016as so amended, is hereby amended by striking out the words “provided, that the property shall
30363036 3017not be released from such restrictions until the balance of the principal and interest for the loan is
30373037 3018repaid in full or until a mortgage foreclosure deed is recorded” and inserting in place thereof the
30383038 3019following words:- provided, that the property shall not be released from such restrictions unless:
30393039 3020(i) the balance of the principal and interest for the loan has been repaid in full; (ii) a mortgage
30403040 3021foreclosure deed has been recorded; or (iii) the executive office of housing and livable
30413041 3022communities has determined, pursuant to clause (2), that repayment to the commonwealth is not
30423042 3023required.
30433043 3024 SECTION 57. Clause (4) of said item 4000-8200 of said section 2E of said chapter 290,
30443044 3025as so amended, is hereby amended by striking out the words “provided, however, that the project
30453045 3026shall continue to remain affordable housing for the duration of the loan term, as extended, as set
30463046 3027forth in the contract or agreement entered into by the department” and inserting in place thereof
30473047 3028the following words:- provided, however, that the project, whether at the original property, or at
30483048 3029an alternative property pursuant to clause (3), shall continue to remain affordable housing for the
30493049 3030duration of the loan term, as extended, as set forth in the contract or agreement entered into by
30503050 3031the executive office.
30513051 3032 SECTION 58. Said item 4000-8200 of said section 2E of said chapter 290, as so
30523052 3033amended, is hereby further amended by striking out clauses (6) and (7).
30533053 3034 SECTION 59. Said item 4000-8200 of said section 2E of said chapter 290, as so
30543054 3035amended, is hereby further amended by striking out the figure “(8)” and inserting in place thereof
30553055 3036the following figure:- (6). 140 of 177
30563056 3037 SECTION 60. Said item 4000-8200 of said section 2E of said chapter 290, as so
30573057 3038amended, is hereby further amended by striking out the figure “(9)” and inserting in place thereof
30583058 3039the following figure:- (7).
30593059 3040 SECTION 61. Said item 4000-8200 of said section 2E of said chapter 290, as so
30603060 3041amended, is hereby further amended by striking out the figure “(10)” and inserting in place
30613061 3042thereof the following figure:- (8).
30623062 3043 SECTION 62. Item 4000-8201 of said section 2E of said chapter 290 is hereby amended
30633063 3044by striking out clause (2) and inserting in place thereof the following clause:-
30643064 3045 (2) said loans shall be issued only when any contract or agreement for the use of said
30653065 3046property for the purposes of such housing provides for repayment to the commonwealth at the
30663066 3047time of disposition of the property if such property will no longer be subject to a recorded deed
30673067 3048restriction pursuant to clause (3); provided, however, that such repayment shall be an amount
30683068 3049equal to the commonwealth’s proportional contribution from this item to the cost of the
30693069 3050development through payments made by the state agency making the contract; provided, further,
30703070 3051that such repayment shall not be required if the executive office of housing and livable
30713071 3052communities, in consultation with the Massachusetts rehabilitation commission, determines that
30723072 3053relevant clients will be better served at an alternative property and the proceeds from the
30733073 3054disposition of the property will be used, to the extent necessary for replacement of the housing at
30743074 3055the property, for 1 or both of the following purposes: (A) to acquire such alternative property; or
30753075 3056(B) to rehabilitate such alternative property.
30763076 3057 SECTION 63. Clause (3) of said item 4000-8201 of said section 2E of said chapter 290 is
30773077 3058hereby amended by striking out the words “provided further, that the property shall not be 141 of 177
30783078 3059released from such restrictions until the balance of the principal and interest for the loan is repaid
30793079 3060in full or until a mortgage foreclosure deed is recorded” and inserting in place thereof the
30803080 3061following words:- provided further, that the property shall not be released from such restrictions
30813081 3062unless: (A) the balance of the principal and interest for the loan has been repaid in full; (B) a
30823082 3063mortgage foreclosure deed has been recorded; or (C) the executive office of housing and livable
30833083 3064communities has determined, pursuant to clause (2), that repayment to the commonwealth is not
30843084 3065required.
30853085 3066 SECTION 64. Clause (4) of said item 4000-8201 of said section 2E of said chapter 290 is
30863086 3067hereby amended by striking out the words “provided, however, that the project shall continue to
30873087 3068remain affordable housing for the duration of the loan term, as extended, as set forth in the
30883088 3069contract or agreement entered into by the department” and inserting in place thereof the
30893089 3070following words:- provided, however, that the project, whether at the original property, or at an
30903090 3071alternative property pursuant to clause (2), shall continue to remain affordable housing for the
30913091 3072duration of the loan term, as extended, as set forth in the contract or agreement entered into by
30923092 3073the executive office.
30933093 3074 SECTION 65. Said item 4000-8201 of said section 2E of said chapter 290 is hereby
30943094 3075further amended by striking out clauses (6) and (7).
30953095 3076 SECTION 66. Said item 4000-8201 of said section 2E of said chapter 290 is hereby
30963096 3077further amended by striking out the figure “(8)” and inserting in place thereof the following
30973097 3078figure:- (6). 142 of 177
30983098 3079 SECTION 67. Said item 4000-8201 of said section 2E of said chapter 290 is hereby
30993099 3080further amended by striking out the figure “(9)” and inserting in place thereof the following
31003100 3081figure:- (7).
31013101 3082 SECTION 68. Said item 4000-8201 of said section 2E of said chapter 290 is hereby
31023102 3083further amended by striking out the figure “(10)” and inserting in place thereof the following
31033103 3084figure:- (8).
31043104 3085 SECTION 69. Item 7004-7013 of said section 2E of said chapter 290, as amended by
31053105 3086section 21 of chapter 6 of the acts of 2005, is hereby further amended by inserting after the figure
31063106 3087“2002” the following words:- , as amended.
31073107 3088 SECTION 70. Section 5 of chapter 293 of the acts of 2006is hereby amended by inserting
31083108 3089after the definition of “Economic development project” the following definition:-
31093109 3090 “Eligible housing increment”, a new residential unit that may either be a single-family
31103110 3091house or 1 dwelling unit in a building or development containing 2 or more dwelling units,
31113111 3092which dwelling units may be rental units or units in a condominium or cooperative, or a
31123112 3093combination of any of the foregoing, and that is created as part of an economic development
31133113 3094project and pursuant to an infrastructure development assistance agreement approved by the
31143114 3095secretary under this act.
31153115 3096 SECTION 71. Said section 5 of said chapter 293 is hereby further amended by striking
31163116 3097out the definition of “New revenue” and inserting in place thereof the following definition:-
31173117 3098 “New revenue”, revenue derived from a commercial or residential component of an
31183118 3099economic development project by the creation of any eligible new jobs or eligible housing 143 of 177
31193119 3100increments or by new economic activity that would otherwise not have taken place in the
31203120 3101commonwealth on said commercial component or on, or as a result of, said residential
31213121 3102component, as each may be more fully defined by any rules, regulations or guidelines
31223122 3103promulgated by the secretary or the commissioner.
31233123 3104 SECTION 72. The definition of “New state tax revenues” in said section 5 of said chapter
31243124 3105293 is hereby amended by inserting after the word “components” the following words:- or on
31253125 3106account of the residential components.
31263126 3107 SECTION 73. Said section 5 of said chapter 293, is hereby further amended by inserting
31273127 3108after the definition of “Public infrastructure improvements” the following definition:-
31283128 3109 “Residential component”, any component of an economic development project
31293129 3110comprising 1 or more eligible housing increments, as more fully described in, or determined in
31303130 3111accordance with, a certified economic development project.
31313131 3112 SECTION 74. Clause (iv) of subsection (a) of section 7 of said chapter 293 is hereby
31323132 3113amended by inserting after the words “each commercial” the following words:- or residential.
31333133 3114 SECTION 75. Said clause (iv) of said subsection (a) of said section 7 of said chapter 293
31343134 3115is hereby further amended by inserting after the words “all commercial” the following words:-
31353135 3116and residential.
31363136 3117 SECTION 76. Clause (i) of subsection (c) of said section 7 of said chapter 293 is hereby
31373137 3118amended by inserting after the word “commercial” the following words:- and residential.
31383138 3119 SECTION 77. Subsection (e) of said section 7 of said chapter 293, inserted by section 7
31393139 3120of chapter 129 of the acts of 2008, is hereby amended by inserting after the word “met” the 144 of 177
31403140 3121following words:- , and with respect to projects which include a residential component, shall give
31413141 3122priority to projects within any MBTA community as defined in section 1A of chapter 40A of the
31423142 3123General Laws; provided, that such MBTA community is in compliance with the requirements of
31433143 3124section 3A of said chapter 40A.
31443144 3125 SECTION 78. Subsection (a) of section 10 of said chapter 293, as amended by section 10
31453145 3126of said chapter 129, is hereby further amended by inserting after the words “the commercial” the
31463146 3127following words:- or residential.
31473147 3128 SECTION 79. Said subsection (a) of said section 10 of said chapter 293, as so amended,
31483148 3129is hereby further amended by inserting after the words “each commercial”, each time they
31493149 3130appear, the following words:- or residential.
31503150 3131 SECTION 80. Subsection (b) of said section 10 of said chapter 293, as amended by
31513151 3132section 11 of said chapter 129, is hereby further amended by inserting after the word
31523152 3133“commercial”, each time it appears, the following words:- or residential.
31533153 3134 SECTION 81. Subsection (c) of said section 10 of said chapter 293 is hereby amended by
31543154 3135inserting after the words “commercial components”, each time they appear, the following
31553155 3136words:- or residential components.
31563156 3137 SECTION 82. Item 7004-0029 of section 2 of chapter 119 of the acts of 2008 is hereby
31573157 3138amended by striking out clause (2) and inserting in place thereof the following clause:-
31583158 3139 (2) be issued only when a contract or agreement for the use of the property for such
31593159 3140housing provides for repayment to the commonwealth at the time of disposition of the property if
31603160 3141such property will no longer be subject to a recorded deed restriction pursuant to clause (3); 145 of 177
31613161 3142provided, however, that such repayment shall be in an amount equal to the commonwealth’s
31623162 3143proportional contribution from the Facilities Consolidation Fund to the cost of the development
31633163 3144through payments made by the state agency making the contract; provided, further, that such
31643164 3145repayment shall not be required if the executive office of housing and livable communities, in
31653165 3146consultation with the department of mental health and the department of developmental services,
31663166 3147determines that relevant clients will be better served at an alternative property and the proceeds
31673167 3148from the disposition of the property will be used, to the extent necessary for replacement of the
31683168 3149housing at the property, for 1 or both of the following purposes: (A) to acquire such alternative
31693169 3150property; or (B) to rehabilitate such alternative property.
31703170 3151 SECTION 83. Clause (3) of said item 7004-0029 of said section 2 of said chapter 119 is
31713171 3152hereby amended by striking out the words “provided, that the property shall not be released from
31723172 3153such restriction until the balance of the principal and interest for the loan has been repaid in full
31733173 3154or until a mortgage foreclosure deed has been recorded” and inserting in place thereof the
31743174 3155following words:- provided, that the property shall not be released from such restriction unless:
31753175 3156(i) the balance of the principal and interest for the loan has been repaid in full; (ii) a mortgage
31763176 3157foreclosure deed has been recorded; or (iii) the executive office of housing and livable
31773177 3158communities has determined, pursuant to clause (2), that repayment to the commonwealth is not
31783178 3159required.
31793179 3160 SECTION 84. Clause (4) of said item 7004-0029 of said section 2 of said chapter 119 is
31803180 3161hereby amended by striking out the words “provided, however, that the project shall remain
31813181 3162affordable housing for the duration of the loan term, including any extension thereof, as set forth
31823182 3163in the contract or agreement entered into by the department” and inserting in place thereof the
31833183 3164following words:- provided, however, that the project, whether at the original property, or at an 146 of 177
31843184 3165alternative property pursuant to clause (3), shall remain affordable housing for the duration of the
31853185 3166loan term, including any extension thereof, as set forth in the contract or agreement entered into
31863186 3167by the executive office.
31873187 3168 SECTION 85. Clause (5) of said item 7004-0029 of said section 2 of said chapter 119 is
31883188 3169hereby amended by striking out the following words:- provided further, that expenditures from
31893189 3170this item shall not be made for the purpose of refinancing outstanding mortgage loans for
31903190 3171community-based housing in existence prior to the effective date of this act; provided further,
31913191 3172that community-based housing projects developed pursuant to this item shall not be refinanced
31923192 3173during the term of any loan issued pursuant to this item unless the balance of the principal and
31933193 3174interest for such loan has been repaid in full at the time of such refinancing; provided further,
31943194 3175that the community-based housing projects may be refinanced if the refinancing would result in a
31953195 3176reduction of costs paid by the commonwealth; provided further, that a refinanced loan shall be
31963196 3177due and payable on a date not later than the date on which the original loan was due and payable,
31973197 3178except in accordance with clause (4) when necessary to effect extraordinary repairs or
31983198 3179maintenance which shall be approved by the commissioner of mental retardation or the
31993199 3180commissioner of mental health, as the case may be, and the department;.
32003200 3181 SECTION 86. Item 7004-0030 of said section 2 of said chapter 119 is hereby amended
32013201 3182by striking out clause (2) and inserting in place thereof the following clause:-
32023202 3183 (2) be issued only when a contract or agreement for the use of the property for the
32033203 3184purposes of such housing provides for repayment to the commonwealth at the time of disposition
32043204 3185of the property if such property will no longer be subject to a recorded deed restriction pursuant
32053205 3186to clause (3); provided, however, that such repayment shall be in an amount equal to the 147 of 177
32063206 3187commonwealth’s proportional contribution from community-based housing to the cost of the
32073207 3188development through payments made by the state agency making the contract; provided, further,
32083208 3189that such repayment shall not be required if the executive office of housing and livable
32093209 3190communities, in consultation with the Massachusetts rehabilitation commission, determines that
32103210 3191relevant clients will be better served at an alternative property and the proceeds from the
32113211 3192disposition of the property will be used, to the extent necessary for replacement of the housing at
32123212 3193the property, for 1 or both of the following purposes: (A) to acquire such alternative property; or
32133213 3194(B) to rehabilitate such alternative property;.
32143214 3195 SECTION 87. Clause (3) of said item 7004-0030 of said section 2 of said chapter 119 is
32153215 3196hereby amended by striking out the words “provided further, that the property shall not be
32163216 3197released from such restrictions until the balance of the principal and interest for the loan has been
32173217 3198repaid in full or until a mortgage foreclosure deed has been recorded” and inserting in place
32183218 3199thereof the following words:- provided further, that the property shall not be released from such
32193219 3200restrictions unless: (A) the balance of the principal and interest for the loan has been repaid in
32203220 3201full; (B) a mortgage foreclosure deed has been recorded; or (C) the executive office of housing
32213221 3202and livable communities has determined, pursuant to clause (2), that repayment to the
32223222 3203commonwealth is not required.
32233223 3204 SECTION 88. Clause (4) of said item 7004-0030 of said section 2 of said chapter 119 is
32243224 3205hereby amended by striking out the words “provided, however, that the project shall continue to
32253225 3206remain affordable housing for the duration of the loan term, including any extensions thereof, as
32263226 3207set forth in the contract or agreement entered into by the department” and inserting place thereof
32273227 3208the following words:- provided, however, that the project, whether at the original property, or at
32283228 3209an alternative property pursuant to clause (2), shall continue to remain affordable housing for the 148 of 177
32293229 3210duration of the loan term, including any extensions thereof, as set forth in the contract or
32303230 3211agreement entered into by the executive office.
32313231 3212 SECTION 89. Said item 7004-0030 of said section 2 of said chapter 119 is hereby further
32323232 3213amended by striking out clause (5) and inserting in place thereof the following clause:-
32333233 3214 (5) have interest rates fixed at a rate, to be determined by the executive office, in
32343234 3215consultation with the state treasurer; provided, that the loans shall be issued in accordance with
32353235 3216an enhancing community-based services plan prepared by the secretary of health and human
32363236 3217services, in consultation with the executive office and filed with the secretary for administration
32373237 3218and finance and the house and senate committees on ways and means and the joint committee on
32383238 3219housing; provided further, that no expenditure shall be made from this item without the prior
32393239 3220approval of the secretary for administration and finance; provided further, that the executive
32403240 3221office shall promulgate regulations pursuant to chapter 30A of the General Laws for the
32413241 3222implementation, administration and enforcement of this item, consistent with the enhancing
32423242 3223community-based services plan prepared by the secretary of health and human services after
32433243 3224consultation with the secretary and the commissioner of capital asset management and
32443244 3225maintenance.
32453245 3226 SECTION 90. Sections 30, 36 and 98 of chapter 238 of the acts of 2012 are hereby
32463246 3227repealed.
32473247 3228 SECTION 91. Item 7004-0040 of section 2 of chapter 129 of the acts of 2013 is hereby
32483248 3229amended by striking out clause (ii) and inserting in place thereof the following clause:-
32493249 3230 (ii) be issued only when a contract or agreement for the use of the property for such
32503250 3231housing provides for repayment to the commonwealth at the time of disposition of the property if 149 of 177
32513251 3232such property will no longer be subject to a recorded deed restriction pursuant to clause (iii);
32523252 3233provided, however, that such repayment shall be in an amount equal to the commonwealth’s
32533253 3234proportional contribution from the Facilities Consolidation Fund to the cost of the development
32543254 3235through payments made by the state agency making the contract; provided, further, that such
32553255 3236repayment shall not be required if the executive office of housing and livable communities, in
32563256 3237consultation with the department of mental health and the department of developmental services,
32573257 3238determines that relevant clients will be better served at an alternative property and the proceeds
32583258 3239from the disposition of the property will be used, to the extent necessary for replacement of the
32593259 3240housing at the property, for 1 or both of the following purposes: (A) to acquire such alternative
32603260 3241property; or (B) to rehabilitate such alternative property;.
32613261 3242 SECTION 92. Clause (iii) of said item 7004-0040 of said section 2 of said chapter 129 is
32623262 3243hereby amended by striking out the words “provided, however, that the property shall not be
32633263 3244released from such restriction until the balance of the principal and interest for the loan has been
32643264 3245repaid in full or until a mortgage foreclosure deed has been recorded” and inserting in place
32653265 3246thereof the following words:- provided, however, that the property shall not be released from
32663266 3247such restriction unless: (A) the balance of the principal and interest for the loan has been repaid
32673267 3248in full; (B) a mortgage foreclosure deed has been recorded; or (C) the executive office of housing
32683268 3249and livable communities has determined, pursuant to clause (ii), that repayment to the
32693269 3250commonwealth is not required.
32703270 3251 SECTION 93. Clause (iv) of said item 7004-0040 of said section 2 of said chapter 129 is
32713271 3252hereby amended by striking out, in clause (iv), the words “provided further, that the project shall
32723272 3253remain affordable housing for the duration of the loan term, including any extension thereof, as
32733273 3254set forth in the contract or agreement entered into by the department” and inserting in place 150 of 177
32743274 3255thereof the following words:- provided further, that the project, whether at the original property,
32753275 3256or at an alternative property pursuant to clause (iii), shall remain affordable housing for the
32763276 3257duration of the loan term, including any extension thereof, as set forth in the contract or
32773277 3258agreement entered into by the executive office.
32783278 3259 SECTION 94. Item 7004-0041 of said section 2 of said chapter 129 is hereby amended
32793279 3260by striking out clause (ii) and inserting in place thereof the following clause:-
32803280 3261 (ii) be issued only when a contract or agreement for the use of the property for the
32813281 3262purposes of such housing provides for repayment to the commonwealth at the time of disposition
32823282 3263of the property if such property will no longer be subject to a recorded deed restriction pursuant
32833283 3264to clause (iii); provided, however, that such repayment shall be in an amount equal to the
32843284 3265commonwealth’s proportional contribution from community-based housing to the cost of the
32853285 3266development through payments made by the state agency making the contract; provided, further,
32863286 3267that such repayment shall not be required if the executive office of housing and livable
32873287 3268communities, in consultation with the Massachusetts rehabilitation commission, determines that
32883288 3269relevant clients will be better served at an alternative property and the proceeds from the
32893289 3270disposition of the property will be used, to the extent necessary for replacement of the housing at
32903290 3271the property, for 1 or both of the following purposes: (A) to acquire such alternative property; or
32913291 3272(B) to rehabilitate such alternative property;.
32923292 3273 SECTION 95. Clause (iii) of said item 7004-0041 of said section 2 of said chapter 129 is
32933293 3274hereby amended by striking out the words “provided, however, that the property shall not be
32943294 3275released from such restrictions until the balance of the principal and interest for the loan has been
32953295 3276repaid in full or until a mortgage foreclosure deed has been recorded” and inserting in place 151 of 177
32963296 3277thereof the following words:- provided however, that the property shall not be released from
32973297 3278such restrictions unless: (A) the balance of the principal and interest for the loan has been repaid
32983298 3279in full; (B) a mortgage foreclosure deed has been recorded; or (C) the executive office of housing
32993299 3280and livable communities has determined, pursuant to clause (ii), that repayment to the
33003300 3281commonwealth is not required.
33013301 3282 SECTION 96. Clause (iv) of said item 7004-0041 of said section 2 of said chapter 129 is
33023302 3283hereby amended by striking out the words “provided, however, that the project shall continue to
33033303 3284remain affordable housing for the duration of the loan term, including any extensions thereof, as
33043304 3285set forth in the contract or agreement entered into by the department” and inserting place thereof
33053305 3286the following words:- provided, however, that the project, whether at the original property, or at
33063306 3287an alternative property pursuant to clause (ii), shall continue to remain affordable housing for the
33073307 3288duration of the loan term, including any extensions thereof, as set forth in the contract or
33083308 3289agreement entered into by the executive office.
33093309 3290 SECTION 97. Item 7004-0050 of section 2 of chapter 99 of the acts of 2018 is hereby
33103310 3291amended by striking out clause (ii) and inserting in place thereof the following clause:-
33113311 3292 (ii) not be issued unless a contract or agreement for the use of the property for such
33123312 3293housing provides for repayment to the commonwealth at the time of disposition of the property if
33133313 3294such property will no longer be subject to a recorded deed restriction pursuant to clause (iii);
33143314 3295provided, however, that such repayment shall be in an amount equal to the commonwealth’s
33153315 3296proportional contribution from the Facilities Consolidation Fund to the cost of the development
33163316 3297through payments made by the state agency making the contract; provided, further, that such
33173317 3298repayment shall not be required if the executive office of housing and livable communities, in 152 of 177
33183318 3299consultation with the department of mental health and the department of developmental services,
33193319 3300determines that relevant clients will be better served at an alternative property and the proceeds
33203320 3301from the disposition of the property will be used, to the extent necessary for replacement of the
33213321 3302housing at the property, for 1 or both of the following purposes: (A) to acquire such alternative
33223322 3303property; or (B) to rehabilitate such alternative property.
33233323 3304 SECTION 98. Said item 7004-0050 of said section 2 of said chapter 99 is hereby further
33243324 3305amended by striking out the words “until the balance of the principal and interest for the loan has
33253325 3306been repaid in full or until a mortgage foreclosure deed has been recorded” and inserting in place
33263326 3307thereof the following words:- unless: (A) the balance of the principal and interest for the loan has
33273327 3308been repaid in full; (B) a mortgage foreclosure deed has been recorded; or (C) the executive
33283328 3309office of housing and livable communities has determined, pursuant to clause (ii) of this item,
33293329 3310that repayment to the commonwealth is not required.
33303330 3311 SECTION 99. Said item 7004-0050 of said section 2 of said chapter 99 is hereby further
33313331 3312amended by striking out the words “shall remain affordable housing for the duration of the loan
33323332 3313term, including any extension thereof, as set forth in the contract or agreement entered into by
33333333 3314the department” and inserting in place thereof the following words:-, whether at the original
33343334 3315property, or at an alternative property pursuant to clause (iii), shall remain affordable housing for
33353335 3316the duration of the loan term, including any extension thereof, as set forth in the contract or
33363336 3317agreement entered into by the executive office.
33373337 3318 SECTION 100. Item 7004-0051 of said section 2 of said chapter 99 is hereby amended
33383338 3319by striking out clause (ii) and inserting in place thereof the following clause:- 153 of 177
33393339 3320 (ii) not be issued unless a contract or agreement for the use of the property for the
33403340 3321purposes of such housing provides for repayment to the commonwealth at the time of disposition
33413341 3322of the property if such property will no longer be subject to a recorded deed restriction pursuant
33423342 3323to clause (iii); provided, however, that such repayment shall be in an amount equal to the
33433343 3324commonwealth’s proportional contribution from community-based housing to the cost of the
33443344 3325development through payments made by the state agency making the contract; provided, further,
33453345 3326that such repayment shall not be required if the executive office of housing and livable
33463346 3327communities, in consultation with the Massachusetts rehabilitation commission, determines that
33473347 3328relevant clients will be better served at an alternative property and the proceeds from the
33483348 3329disposition of the property will be used, to the extent necessary for replacement of the housing at
33493349 3330the property, for 1 or both of the following purposes: (A) to acquire such alternative property; or
33503350 3331(B) to rehabilitate such alternative property;.
33513351 3332 SECTION 101. Said item 7004-0051 of said section 2 of said chapter 99 is hereby further
33523352 3333amended by striking out the words “until the balance of the principal and interest for the loan has
33533353 3334been repaid in full or until a mortgage foreclosure deed has been recorded” and inserting in place
33543354 3335thereof the following words:- unless: (A) the balance of the principal and interest for the loan has
33553355 3336been repaid in full; (B) a mortgage foreclosure deed has been recorded; or (C) the executive
33563356 3337office of housing and livable communities has determined, pursuant to clause (ii), that repayment
33573357 3338to the commonwealth is not required.
33583358 3339 SECTION 102. Said item 7004-0051 of said section 2 of said chapter 99 is hereby further
33593359 3340amended by striking out the words “shall continue to remain affordable housing for the duration
33603360 3341of the loan term, including any extensions thereof, as set forth in the contract or agreement
33613361 3342entered into by the department” and inserting place thereof the following words:-, whether at the 154 of 177
33623362 3343original property, or at an alternative property pursuant to clause (ii), shall continue to remain
33633363 3344affordable housing for the duration of the loan term, including any extensions thereof, as set
33643364 3345forth in the contract or agreement entered into by the executive office.
33653365 3346 SECTION 103. (a) For the purposes of this section, the following words shall, unless the
33663366 3347context clearly requires otherwise, have the following meanings:
33673367 3348 “Development cost”, an expenditure directly related to the construction or substantial
33683368 3349rehabilitation of a municipal conversion project, including the cost of site assessment and
33693369 3350remediation of hazardous materials, but excluding the purchase of the property.
33703370 3351 “Executive office”, the executive office of housing and livable communities.
33713371 3352 “Substantial rehabilitation”, the necessary major redevelopment, repair and renovation of
33723372 3353a property, including, but not limited to, site assessment and remediation of hazardous materials,
33733373 3354but excluding the purchase of the property, as determined by the executive office.
33743374 3355 (b) The executive office shall establish a municipal conversion project competitive grant
33753375 3356program for municipalities to apply for grants to assist with the development costs of converting
33763376 3357commercial property into residential housing, including, but not limited to, commercial buildings
33773377 3358located on main streets or in downtown municipal areas, commercial centers and office parks.
33783378 3359 (c)(1) A municipality may apply to the executive office for funds for the development
33793379 3360costs of capital projects to convert commercial properties.
33803380 3361 (2) The executive office shall determine the criteria for the award of grants to
33813381 3362municipalities pursuant to subsection (b), including, but not limited to, criteria for: (i) the
33823382 3363substantial rehabilitation to convert a building for primary multi-unit residential use; (ii) the 155 of 177
33833383 3364amount of market rate units, upon completion of the conversion, to be sold or leased; and (iii)
33843384 3365additional factors to be considered, including, but not limited to: (A) proximity to transportation
33853385 3366and transit; and (B) parking, if applicable.
33863386 3367 (3) The executive office shall review applications from a municipality for a grant for the
33873387 3368development costs of municipal conversion projects, on a form prescribed by the executive
33883388 3369office.
33893389 3370 (d) The executive office shall promulgate rules or regulations for administering the grant
33903390 3371program, including, but not limited to, regulations pertaining to: (i) criteria pursuant to paragraph
33913391 3372(2) of subsection (c); (ii) the amounts of each award of funds to a municipality; (iii) the use of
33923392 3373funds for conversion projects; (iv) the eligibility of developers to conduct such projects; and (v)
33933393 3374the revocation of a grant for an uncompleted project.
33943394 3375 (e) Annually, not later than December 1, the executive office shall report to the clerks of
33953395 3376the house of representatives and the senate, the house and senate committees on ways and means,
33963396 3377the joint committee on housing and the joint committee on bonding, capital expenditures and
33973397 3378state assets on amounts awarded to municipalities for qualified projects pursuant to subsection
33983398 3379(b), delineated by municipality and including for each qualified project, the total grant amount, a
33993399 3380description of the project and the status of the project.
34003400 3381 SECTION 104. Notwithstanding any general or special law, or any rule or regulation to
34013401 3382the contrary, the architectural access board, established pursuant to section 13A of chapter 22 of
34023402 3383the General Laws, shall determine the value of any multiple dwelling, as defined in 521 CMR
34033403 33845.00, that is owned, constructed or renovated by a housing authority, as defined in section 1 of
34043404 3385chapter 121B of the General Laws, by a replacement cost that is determined by and reflected in 156 of 177
34053405 3386the executive office of housing and livable communities’ Capital Planning System survey and
34063406 3387database for state-funded public housing. For such buildings that are not included in the survey
34073407 3388and database, the replacement cost shall be calculated by the executive office based on the
34083408 3389replacement cost for comparable facilities that are included in the survey and database. The
34093409 3390executive office shall supplement the survey and database on file with the architectural access
34103410 3391board for any such building by preparing and filing documentation identifying the replacement
34113411 3392cost for the building and the method by which it was calculated.
34123412 3393 SECTION 105. (a) As used in this section and sections 106 and 107, the following words
34133413 3394shall, unless the context clearly requires otherwise, have the following meanings:
34143414 3395 “Affordable housing purposes”, development of multi-family housing, of which either: (i)
34153415 3396not less than 25 per cent shall be affordable to households with incomes at or below 80 per cent
34163416 3397of the area median income, adjusted for household size; or (ii) not less than 20 per cent shall be
34173417 3398affordable to households with incomes at or below 50 per cent of the area median income,
34183418 3399adjusted for household size; provided, that affordable housing purposes may include subsequent
34193419 3400conveyance by a public agency, other than a state agency, with a restriction for affordable
34203420 3401housing purposes.
34213421 3402 “Commissioner”, the commissioner of capital asset management and maintenance.
34223422 3403 “Housing purposes”, development of housing for use as the primary residence of the
34233423 3404occupant, including, but not limited to, market rate housing, affordable housing and public
34243424 3405housing; provided, that housing purposes may include subsequent conveyance by a public
34253425 3406agency, other than a state agency, with a restriction for housing purposes; and provided further,
34263426 3407that housing purposes shall include affordable housing purposes. 157 of 177
34273427 3408 “Public agency”, as defined in section 1 of chapter 7C of the General Laws; provided,
34283428 3409that “public agency” shall include the Massachusetts Department of Transportation, the
34293429 3410Massachusetts Bay Transportation Authority and the University of Massachusetts Building
34303430 3411Authority; provided, however, that public agency shall not include cities, towns or counties, or
34313431 3412any boards, committees, commissions or other instrumentalities thereof; and provided further,
34323432 3413that public agency shall not include any agency that is a state agency.
34333433 3414 “Public institution of higher education”, as set forth in section 5 of chapter 15A of the
34343434 3415General Laws.
34353435 3416 “Real property”, as defined in said section 1 of said chapter 7C.
34363436 3417 “Real property of the commonwealth”, real property of a state agency consistent with
34373437 3418chapter 7C.
34383438 3419 “Real property of a public agency”, as defined in section 32 of chapter 7C.
34393439 3420 “Secretary”, the secretary of administration and finance.
34403440 3421 “State agency”, as defined in said section 1 of said chapter 7C; provided, however, that
34413441 3422state agency shall not include counties.
34423442 3423 “Surplus real property”, (i) real property of the commonwealth that has been determined
34433443 3424by the commissioner: (A) to be surplus to the current and foreseeable needs of the
34443444 3425commonwealth pursuant to clause (i) of paragraph (2) of subsection (b); or (B) to be surplus to
34453445 3426the current and foreseeable needs of any state agency pursuant to section 33 or 34 of said chapter
34463446 34277C; or (ii) real property of a public agency determined by the commissioner to be surplus to the
34473447 3428current and foreseeable needs of the public agency, as determined by the public agency; 158 of 177
34483448 3429provided, however, that surplus real property shall not include property subject to Article XCVII
34493449 3430of the Amendments to the Constitution of the Commonwealth.
34503450 3431 (b)(1) Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the General Laws,
34513451 3432or any other general or special law to the contrary, the commissioner may sell, lease for a term
34523452 3433not to exceed 99 years, transfer or otherwise dispose of surplus real property of the
34533453 3434commonwealth or surplus real property of a public agency for housing purposes.
34543454 3435 (2)(i) The commissioner may, in consultation with the secretary and the secretary of
34553455 3436housing and livable communities, determine that real property of the commonwealth is surplus
34563456 3437real property and shall be disposed of for housing purposes; provided, that prior to determining
34573457 3438that the real property is surplus real property, the commissioner shall provide a suitable written
34583458 3439notice and inquiry to the state agency with care and control of the real property, with a date
34593459 3440certain required for any response. If no written response is timely received from the state agency
34603460 3441specifying a current or foreseeable need for the real property, the commissioner shall declare
34613461 3442such real property as surplus real property and dispose of such real property for housing
34623462 3443purposes. If a written response is timely received from the state agency specifying a current or
34633463 3444foreseeable need for the real property, the commissioner shall, in consultation with the secretary,
34643464 3445the secretary of housing and livable communities and such state agency, determine whether the
34653465 3446real property shall be declared surplus real property and disposed of for housing purposes.
34663466 3447 (ii) Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the General Laws, or
34673467 3448any other general or special law to the contrary, if real property of the commonwealth is
34683468 3449determined to be surplus to the current needs, but not to the foreseeable needs, of any state
34693469 3450agency, the commissioner shall take such necessary action to ensure that any disposition of the 159 of 177
34703470 3451real property is temporary and maintains the commissioner’s ability to make such real property
34713471 3452available to a state agency, as needed.
34723472 3453 (iii) Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the General Laws, or
34733473 3454any other general or special law to the contrary, the commissioner may, in consultation with the
34743474 3455secretary and the secretary of housing and livable communities, make real property of the
34753475 3456commonwealth that has been determined to be surplus to the current needs, but not the
34763476 3457foreseeable needs, of any state agency available for a period of time not to extend beyond the
34773477 3458foreseeable need of any state agency for housing and related purposes to municipalities, public
34783478 3459agencies and non-profit organizations for nominal consideration.
34793479 3460 (3) The chancellor or president of any public institution of higher education may, with the
34803480 3461approval of the commissioner of higher education, determine that property of any public
34813481 3462institution of higher education is surplus to the current and foreseeable needs of such institution
34823482 3463and the commissioner may dispose of such property for housing purposes without approval by
34833483 3464the institution’s board of trustees.
34843484 3465 (4)(i) The governor may identify parcels of land owned or controlled by a public agency,
34853485 3466and any buildings or improvements thereon, as potentially surplus real property by submitting a
34863486 3467written notice to the public agency. Within 30 days of receipt of the notice, the public agency
34873487 3468shall determine whether such real property is surplus to its current and foreseeable needs. If the
34883488 3469public agency determines that the real property is not surplus to its current and foreseeable needs,
34893489 3470such public agency shall respond in writing not later than 30 days after receipt of a request by the
34903490 3471governor, specifying the reason for its determination. 160 of 177
34913491 3472 (ii) The commissioner may, in consultation with the secretary and the secretary of
34923492 3473housing and livable communities, enter into agreements with a public agency to dispose of
34933493 3474surplus real property of the public agency for housing purposes; provided, that the commissioner
34943494 3475shall not be required to determine if the real property of the public agency is surplus to the
34953495 3476current and foreseeable needs of the commonwealth and shall not be required to provide written
34963496 3477notice and inquiry to any public agency.
34973497 3478 (c) Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the General Laws, or
34983498 3479any other general or special law to the contrary, the commissioner may amend a use restriction
34993499 3480held by the commonwealth for general municipal purposes or any other purpose, except those
35003500 3481purposes subject to Article XCVII of the Amendments to the Constitution of the Commonwealth,
35013501 3482to include housing purposes.
35023502 3483 (d)(1) Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the General Laws,
35033503 3484or any other general or special law to the contrary, if the commissioner, in consultation with the
35043504 3485secretary and the secretary of housing and livable communities, determines that real property is
35053505 3486surplus real property pursuant to clause (i) of paragraph (2) of subsection (b) or the
35063506 3487commissioner enters into an agreement with a public agency pursuant to clause (ii) of paragraph
35073507 3488(4) of subsection (b), the commissioner shall: (i) provide written notice, for each city or town in
35083508 3489which the property is located, to the city manager in the case of a city under Plan E form of
35093509 3490government, the mayor and city council in the case of all other cities, the chair of the board of
35103510 3491selectmen or the select board in the case of a town, the county commissioners, the chair of the
35113511 3492zoning board of appeals, the chair of the planning board, the regional planning agency and the
35123512 3493members of the general court representing the city or town in which the property is located;
35133513 3494provided, that such notice shall include a statement that the proposed reuse of the property is for 161 of 177
35143514 3495housing purposes, with a date certain for any response that shall be not less than 30 days from
35153515 3496the date of such notice; (ii) following the date certain set forth in such notice, declare said real
35163516 3497property available for disposition and identify all reuse restrictions, including, but not limited to,
35173517 3498a restriction for housing purposes; and (iii) ensure that any deed, lease or other disposition
35183518 3499agreement shall set forth all reuse restrictions, including, but not limited to, a restriction for
35193519 3500housing purposes, provide for effective remedies on behalf of the commonwealth and provide, in
35203520 3501the event of a failure to comply with the reuse restrictions by the grantee, lessee or other
35213521 3502recipient, that title or such lesser interest as may have been conveyed, may revert to the
35223522 3503commonwealth. The commissioner shall, in identifying reuse restrictions for such property,
35233523 3504consider in good faith any comments presented by local officials and members of the general
35243524 3505court representing each city or town in which the property is located.
35253525 3506 (2) The commissioner shall, in consultation with the secretary of housing and livable
35263526 3507communities, dispose of surplus real property: (i) by utilizing appropriate competitive processes
35273527 3508and procedures; or (ii) through a sales-partnership agreement with the municipality wherein said
35283528 3509real property is located; provided, that the sales-partnership agreement shall require the
35293529 3510municipality to utilize appropriate competitive processes and procedures; provided, further, that
35303530 3511the sales-partnership agreement may require the municipality to conduct said competitive
35313531 3512processes and select a developer prior to disposition of the real property; provided, further, that
35323532 3513the commissioner may transfer the real property directly to the selected developer pursuant to the
35333533 3514sale-partnership agreement; and provided, further, that the sales-partnership agreement may
35343534 3515provide for payment to the municipality in an amount not to exceed 50 per cent of the net sales
35353535 3516price paid to the commonwealth, as determined by the commissioner. A competitive process
35363536 3517pursuant to clause (i) may include, but shall not be limited to, absolute auction, sealed bids and 162 of 177
35373537 3518requests for price and development proposals. The commissioner may accept any consideration
35383538 3519for surplus real property disposed of pursuant to this section deemed appropriate by the
35393539 3520commissioner and the secretary of housing and livable communities. The commissioner shall
35403540 3521prioritize disposition of surplus real property for affordable housing purposes.
35413541 3522 (3) Not less than 30 days before the date of an auction or the date on which bids or
35423542 3523proposals or other offers to purchase or lease surplus real property are due, the commissioner
35433543 3524shall place a notice in the central register published by the state secretary pursuant to section 20A
35443544 3525of chapter 9 of the General Laws stating the availability of such property, the nature of the
35453545 3526competitive process and other information deemed relevant, including the time and location of
35463546 3527the auction, the submission of bids or proposals and the opening thereof. The commissioner shall
35473547 3528not be required to place said notice if the property is conveyed: (i) to a municipality or developer
35483548 3529selected by a municipality in accordance with paragraph (2); or (ii) for nominal consideration in
35493549 3530accordance with clause (ii) of paragraph (2) of subsection (e).
35503550 3531 (4) All surplus real property shall be conveyed with a restriction for housing purposes.
35513551 3532The deed or other instrument conveying the surplus real property shall provide that said real
35523552 3533property shall be used solely for housing purposes.
35533553 3534 (5) The commissioner shall place a notice in the central register identifying the
35543554 3535municipality, public agency, individual or firm selected as party to such real property transaction,
35553555 3536along with the amount of such transaction. If the commissioner accepts an amount below the
35563556 3537value calculated pursuant to paragraph (1) of subsection (e), the commissioner shall include the
35573557 3538justification therefore, specifying the difference between the calculated value and the price
35583558 3539received. 163 of 177
35593559 3540 (e)(1) The commissioner shall establish the value of surplus real property using
35603560 3541customarily accepted appraisal methodologies. The value shall be calculated both for: (i) the
35613561 3542highest and best use of the property as may be encumbered; and (ii) subject to uses, restrictions
35623562 3543and encumbrances defined by the commissioner. In no instance in which the commonwealth
35633563 3544retains responsibility for maintaining the property shall the terms provide for payment of less
35643564 3545than the annual maintenance costs.
35653565 3546 (2)(i) Notwithstanding paragraph (1), the commissioner may, in consultation with the
35663566 3547secretary and the secretary of housing and livable communities, dispose of surplus real property
35673567 3548for nominal consideration; provided, that the surplus real property shall be conveyed with a
35683568 3549restriction for affordable housing purposes. The deed or other instrument conveying the surplus
35693569 3550real property shall provide that said property shall be used solely for affordable housing purposes
35703570 3551and may include a reversionary clause that stipulates that if the parcel ceases at any time to be
35713571 3552used for affordable housing purposes, title and the parcel shall, at the election of the
35723572 3553commonwealth, revert to the commonwealth.
35733573 3554 (ii) Notwithstanding any time limit established pursuant to section 7 of chapter 184A of
35743574 3555the General Laws, or any general or special law to the contrary, the reversionary clause may be
35753575 3556enforceable.
35763576 3557 (iii) The commissioner may, in consultation with the secretary and the secretary of
35773577 3558housing and livable communities, amend a use restriction held by the commonwealth to include
35783578 3559housing purposes.
35793579 3560 (f) Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the General Laws, or
35803580 3561any other general or special law to the contrary, the commissioner may, in consultation with the 164 of 177
35813581 3562secretary, the secretary of housing and livable communities and the state agency with care and
35823582 3563control of the real property, transfer care and control of real property between state agencies for
35833583 3564housing purposes.
35843584 3565 (g)(1) No agreement for the sale, lease, transfer or other disposition of surplus real
35853585 3566property and no deed, executed by or on behalf of the commonwealth, shall be valid unless such
35863586 3567agreement or deed contains the following certification, signed by the commissioner:
35873587 3568 “The undersigned certifies under penalties of perjury that I have fully complied with
35883588 3569requirements of law related to any real property described.”
35893589 3570 (2) No agreement for the sale, lease, transfer or other disposition of surplus real property
35903590 3571shall be valid unless the purchaser or lessee has executed and filed with the commissioner the
35913591 3572statement required by section 38 of chapter 7C of the General Laws.
35923592 3573 (h) The grantee or lessee of any surplus real property shall be responsible for all costs
35933593 3574relating to the conveyance, including, but not limited to, appraisals, surveys, plans, recordings
35943594 3575and any other expenses, as shall be deemed necessary by the commissioner.
35953595 3576 (i) The commissioner shall deposit the proceeds from any disposition of real property
35963596 3577pursuant to this section into the surplus real property disposition fund established in section 107.
35973597 3578 (j) The commissioner may, in consultation with the secretary of housing and livable
35983598 3579communities, promulgate regulations to implement this section.
35993599 3580 SECTION 106. (a) Notwithstanding chapter 40A of the General Laws, or any other
36003600 3581general or special law, or any local zoning ordinance or by-law or any municipal ordinance or
36013601 3582by-law to the contrary, a city or town shall permit the residential use of real property conveyed 165 of 177
36023602 3583by the commissioner pursuant to section 105 for housing purposes as of right, as defined in
36033603 3584section 1A of said chapter 40A, notwithstanding any use limitations otherwise applicable in the
36043604 3585zoning district in which the real property is located, including, but not limited to, commercial,
36053605 3586mixed-use development or industrial uses; provided, however, that the city or town may impose
36063606 3587reasonable regulations concerning the bulk and height of structures and determining yard sizes,
36073607 3588lot area, setbacks, open space and building coverage requirements; provided, further, that the city
36083608 3589or town may require site plan review; and provided, further, that the city or town shall permit no
36093609 3590fewer than 4 units of housing per acre.
36103610 3591 (b) Real property conveyed by the commissioner pursuant to section 105 shall include,
36113611 3592but shall not be limited to, the amendment of use restrictions held by the commonwealth to allow
36123612 3593for the use of such real property for housing purposes.
36133613 3594 (c) The secretary of housing and livable communities may promulgate regulations to
36143614 3595implement this section.
36153615 3596 SECTION 107. (a) There is hereby established a surplus real property disposition fund
36163616 3597for the proceeds from property dispositions pursuant to section 105, to be administered by the
36173617 3598secretary of administration and finance.
36183618 3599 (b) The fund shall be credited with: (i) the proceeds realized from the disposition of
36193619 3600surplus real property and the amendment of use restrictions pursuant to section 105; (ii) any
36203620 3601appropriation, grant, gift or other contribution made to the fund; and (iii) any interest earned on
36213621 3602money in the fund. Amounts credited to the fund shall not be subject to further appropriation and
36223622 3603money remaining in the fund at the end of a fiscal year shall not revert to the General Fund and
36233623 3604shall be available for expenditure in the subsequent fiscal year. 166 of 177
36243624 3605 (c) Amounts credited to the fund may be: (i) transferred by the secretary to the state
36253625 3606agency that had care and control of the land conveyed pursuant to section 105 if the real property
36263626 3607was conveyed for fair market value consideration in an amount equal to the net proceeds of the
36273627 3608disposition; (ii) transferred by the secretary to the state agency that had care and control of the
36283628 3609real property conveyed pursuant to section 105 if the real property was conveyed for
36293629 3610consideration less than fair market value in an amount equal to $10,000 per unit of housing
36303630 3611permitted by the city or town in which the real property is located or the net proceeds of the
36313631 3612disposition, whichever is greater; (iii) transferred by the secretary to a municipality in accordance
36323632 3613with a sales partnership agreement pursuant to section 105; or (iv) expended for costs associated
36333633 3614with the disposition of real property pursuant to section 105, including, but not limited to,
36343634 3615demolition, site preparation and environmental remediation; provided, that all money transferred
36353635 3616to a state agency pursuant to clauses (i) and (ii) shall be expended by the agency for capital
36363636 3617facility projects, as defined in section 1 of chapter 7C of the General Laws; and provided,
36373637 3618further, that all net proceeds from the disposition of surplus real property of a public agency
36383638 3619other than a state agency, as determined by the commissioner of capital asset management and
36393639 3620maintenance, shall be transferred to such public agency.
36403640 3621 SECTION 108. (a) Notwithstanding any general or special law to the contrary, not later
36413641 3622than 120 days after the expiration of affordability restrictions on housing units assisted under
36423642 3623items 7004-0070 and 7004-0071 of section 2, the executive office of housing and livable
36433643 3624communities or its assignee, who shall be a qualified developer selected pursuant to the terms of
36443644 3625said items 7004-0700 and 7004-0071 under the guidelines of the executive office, shall have an
36453645 3626option to purchase any such housing units at their current appraised value, reduced by any
36463646 3627remaining obligation of the owner, upon the expiration of the affordability restrictions. The 167 of 177
36473647 3628executive office or its assignee shall only purchase or acquire such housing units to preserve or
36483648 3629provide affordable housing. The executive office or its assignee shall hold such purchase option
36493649 3630for the first 120 days after the expiration of the affordability restrictions. Failure to exercise the
36503650 3631purchase option within 120 days after the expiration of the affordability restriction shall
36513651 3632constitute a waiver of the purchase option by the executive office or its assignee.
36523652 3633 (b) Not later than 30 days after the expiration of an affordability restriction pursuant to
36533653 3634subsection (a), the owner and the executive office shall each designate a professional in the field
36543654 3635of multi-unit residential housing. Each professional shall select an impartial appraiser. Not later
36553655 3636than 60 days after the expiration of the affordability restriction, the 2 impartial appraisers shall
36563656 3637determine the current appraised value in accordance with recognized professional standards. If
36573657 3638there is a difference in the valuations, the valuations shall be added together and divided by 2 to
36583658 3639determine the current appraised value of the units.
36593659 3640 (c) No sale, transfer or other disposition of the property shall be completed until either the
36603660 3641purchase option period has expired or the owner has been notified, in writing, by the executive
36613661 3642office or its assignee that the option will not be exercised. The option shall be exercised only by
36623662 3643written notice signed by a designated representative of the executive office or its assignee, sent to
36633663 3644the owner by certified mail at the address specified in the notice of intention and recorded with
36643664 3645the registry of deeds or the registry district of the land court of the county in which the affected
36653665 3646real property is located, within the option period. If the purchase option has been assigned to a
36663666 3647qualified developer selected pursuant to said items 7004-0070 and 7004-7071 of said section 2,
36673667 3648the written notice shall state the name and address of the developer and the terms and conditions
36683668 3649of the assignment. 168 of 177
36693669 3650 (d) Before any sale, transfer or other disposition of property for which the executive
36703670 3651office has not previously exercised an option to purchase, an owner shall offer the executive
36713671 3652office or its assignee, who shall be a qualified developer selected pursuant to said items 7004-
36723672 36530070 and 7004-0071 of said section 2, a first refusal option to meet a bona fide offer to purchase
36733673 3654the units. The owner shall provide to the executive office or its assignee written notice by regular
36743674 3655and certified mail, return receipt requested, of the owner’s intention to sell, transfer or otherwise
36753675 3656dispose of the property. The executive office or its assignee shall hold the first refusal option for
36763676 3657the first 120 days after receipt of the owner’s written notice of intent to transfer the property.
36773677 3658Failure to respond to the written notice of intent to sell, transfer or otherwise dispose of the
36783678 3659property within the 120-day period shall constitute a waiver of the right of first refusal by the
36793679 3660executive office. No sale, transfer or other disposition of the property shall be completed until
36803680 3661either the first refusal option period has expired or the owner has been notified in writing by the
36813681 3662executive office or its assignee that the option will not be exercised. The option shall be
36823682 3663exercised only by written notice signed by a designated representative of the executive office or
36833683 3664its assignee, sent to the owner by certified mail at the address specified in the notice of intention
36843684 3665and recorded with the registry of deeds or the registry district of the land court of the county in
36853685 3666which the affected real property is located, within the option period. If the first refusal option has
36863686 3667been assigned to a qualified developer selected pursuant to said items 7004-0070 and 7004-0071
36873687 3668of said section 2, the written notice shall state the name and address of the developer and the
36883688 3669terms and conditions of the assignment.
36893689 3670 (e) An affidavit before a notary public that the notice of intent was mailed on behalf of an
36903690 3671owner shall conclusively establish the manner and time of the giving of notice to sell, transfer or
36913691 3672otherwise dispose of the property. The affidavit and notice that the option shall not be exercised 169 of 177
36923692 3673shall be recorded with the registry of deeds or the registry district of the land court in the county
36933693 3674in which the affected real property is located. Each notice of intention, notice of exercise of the
36943694 3675purchase option or first refusal option and notice that the purchase option or first refusal option
36953695 3676shall not be exercised shall contain the name of the recorded owner of the property and a
36963696 3677reasonable description of the property to be sold or converted. Each affidavit signed before a
36973697 3678notary public shall have attached to it a copy of the notice of intention to which it relates. The
36983698 3679notices of intention shall be mailed to the relevant parties in the care of the keeper of the records
36993699 3680for the party in question. Upon notifying the owner in writing of its intention to exercise its
37003700 3681purchase option or first refusal option during the 120-day period, the executive office or its
37013701 3682assignee shall have an additional 120 days, beginning on the date the purchase option period or
37023702 3683first refusal option period expires, to purchase the units. The time periods may be extended by
37033703 3684mutual agreement between the executive office or its assignee and the owner of the property.
37043704 3685Any extension agreed upon shall be recorded in the registry of deeds or the registry district of the
37053705 3686land court of the county in which the affected real property is located. Within a reasonable time
37063706 3687after requesting an extension, the owner shall make available to the executive office or its
37073707 3688assignee any information that is reasonably necessary for the executive office to exercise its
37083708 3689option.
37093709 3690 SECTION 109. Notwithstanding any general or special law to the contrary, a private
37103710 3691entity engaged in a construction, development, renovation, remodeling, reconstruction,
37113711 3692rehabilitation or redevelopment project receiving funds pursuant to this act shall properly classify
37123712 3693individuals employed on the project and shall comply with all laws concerning workers’
37133713 3694compensation insurance coverage, unemployment insurance, social security taxes and income
37143714 3695taxes with respect to all such employees. All construction contractors engaged by a private entity 170 of 177
37153715 3696on any such project shall furnish documentation to the appointing authority showing that all
37163716 3697employees employed on the project have hospitalization and medical benefits that meet the
37173717 3698minimum requirements of the commonwealth health insurance connector established in chapter
37183718 3699176Q of the General Laws.
37193719 3700 SECTION 109A. (a) Notwithstanding any general or special law to the contrary, there
37203720 3701shall be a special commission to study and make recommendations on accessibility in housing
37213721 3702for persons with disabilities and seniors to increase the ability of individuals to live in a safe,
37223722 3703dignified and healthy environment in their residences. The special commission shall consider the
37233723 3704scope and positive impacts of longstanding accessibility standards.
37243724 3705 (b) The commission shall consist of: the secretary of housing and livable communities, or
37253725 3706a designee, who shall serve as chair; the executive director of the architectural access board
37263726 3707established in section 13A of chapter 22 of the General Laws, or a designee; the chairs of the
37273727 3708joint committee on housing; the executive director of the Massachusetts office on disability
37283728 3709established in section 185 of chapter 6 of the General Laws, or a designees; a representative
37293729 3710appointed by the statewide Independent Living Council; a representative of the Institute for
37303730 3711Human Centered Design, Inc.; a representative of NAIOP Massachusetts, Inc.; a representative
37313731 3712of the Disability Law Center, Inc.; a representative of the Arc Massachusetts, Inc.; and a
37323732 3713representative of the Massachusetts Association for Mental Health, Inc.
37333733 3714 (c) The commission shall: (i) examine accessibility features in residential housing that
37343734 3715benefit persons with disabilities and seniors, including, but not limited to, features for individuals
37353735 3716with physical, sensory, intellectual, mental health and neurodivergent disabilities; and (ii) review
37363736 3717the definition of accessibility in housing for persons with disabilities and seniors. The 171 of 177
37373737 3718commission shall review and consider the potential financial barriers and any impacts on
37383738 3719programs and consider the impact of climate change on housing for people with disabilities The
37393739 3720commission shall make recommendations, if any, including any recommendations related to 780
37403740 3721CMR.
37413741 3722 (d) Not later than June 30, 2025, the commission shall file a report and recommendations,
37423742 3723if any, with the clerks of the house of representatives and the senate and the joint committee on
37433743 3724housing.
37443744 3725 SECTION 109B. (a) There is hereby established a special commission to study and make
37453745 3726recommendations on expanding the supply of housing available and affordable to tenants with a
37463746 3727household income of not more than 30 per cent of the area median income, adjusted for
37473747 3728household size, as periodically determined by the United States Department of Housing and
37483748 3729Urban Development. The commission shall review and evaluate federal, state and local subsidies
37493749 3730that support the creation of housing for such tenants and make recommendations to increase the
37503750 3731supply of housing that is available and affordable to households earning not more than 30 per
37513751 3732cent of the area median income.
37523752 3733 (b) The commission shall review and consider the following: (i) the number of deeply
37533753 3734subsidized rental units targeted at families with incomes at or below 30 per cent of the area
37543754 3735median income and the percentage of those units that are accessible to persons with disabilities;
37553755 3736(ii) the number of families with such incomes per deeply subsidized rental unit; (iii) the gap
37563756 3737between median rents and the rent affordable to families with such incomes and an analysis of
37573757 3738whether existing housing subsidies are sufficient to bridge such gap; (iv) the ratio of households
37583758 3739with such incomes to unsubsidized units available at rents up to 50 per cent of such income; (v) 172 of 177
37593759 3740housing market factors such as vacancy rates, rate of rent increases and conversion of rental
37603760 3741housing to homeownership units; (vi) the impact of non-housing subsidies, including, but not
37613761 3742limited to, the earned income tax credit on cost burdens for working families; (vii) barriers to
37623762 3743accessing available housing, including racial and ethnic disparities in housing access; and (viii)
37633763 3744any other factors that the commission deems relevant.
37643764 3745 (c) The commission shall consist of the secretary of housing and livable communities, or
37653765 3746their designee, who shall serve as chair; the chairs of the joint committee on housing, or their
37663766 3747designees; the minority leader of the house of representatives, or a designee; the minority leader
37673767 3748of the senate, or a designee; the secretary of administration and finance, or a designee; the
37683768 3749secretary of health and human services, or a designee; a representative of the Citizens’ Housing
37693769 3750and Planning Association, Inc.; a representative of the Massachusetts Housing Partnership; a
37703770 3751representative of the Massachusetts Housing Finance Agency; a representative of the
37713771 3752Community Economic Development Assistance Corporation; a representative of the
37723772 3753Massachusetts Law Reform Institute; a representative of the Massachusetts Association of
37733773 3754Community Development Corporations; a representative of the Regional Housing Network; and
37743774 37555 members appointed by the governor, 1 of whom shall be a representative of a local housing
37753775 3756authority, 1 of whom shall be a representative of an advocacy organization representing tenants,
37763776 37571 of whom shall have expertise in affordable housing finance, 1 of whom shall have expertise in
37773777 3758nonprofit affordable housing development and 1 of whom shall have expertise in development of
37783778 3759permanent supportive housing.
37793779 3760 (d) Not later than June 30, 2025, the commission shall file its recommendations with the
37803780 3761clerks of the house of representatives and the senate and the joint committee on housing. 173 of 177
37813781 3762 SECTION 109C. Notwithstanding any general or special law to the contrary, all
37823782 3763contractors and subcontractors at any level engaged in a construction, development, renovation,
37833783 3764remodeling, reconstruction, rehabilitation or redevelopment project receiving funds pursuant to
37843784 3765items 7004-0074 and 7004-0075 of this act shall, at the time of bidding for the project, maintain
37853785 3766or participate in a bona fide apprentice program, as defined in section 11H of chapter 23 of the
37863786 3767General Laws and described in section 11I of said chapter 23, for each eligible apprenticeship
37873787 3768trade or occupation represented in their workforce that is approved by the division of apprentice
37883788 3769standards within the executive office of labor and workforce development, and shall register all
37893789 3770apprentices with the division and abide by the apprentice to journeyman ratio for each trade
37903790 3771prescribed therein in the performance of any work on the project. This provision does not require
37913791 3772the program to qualify as an employee welfare benefit plan under the federal Employee
37923792 3773Retirement Income Security Act of 1974, 29 U.S.C. §§1001-1461.
37933793 3774 SECTION 110. Notwithstanding any general or special law to the contrary, the
37943794 3775unexpended and unencumbered balances of the bond-funded authorizations in the following
37953795 3776accounts shall cease to be available for expenditure 180 days after the effective date of this act:
37963796 37773000-0410, 7002-8032, 7004-0049, 7004-0050, 7004-0051, 7004-0052, 7004-0053, 7004-0055,
37973797 37787004-0056, 7004-0057, 7004-0058, 7004-0059, 7004-0060, 7004-0061, 7004-0062, 7004-0064,
37983798 37797004-0065, 7004-0066, 7004-0067, 7004-8016, 7004-8026.
37993799 3780 SECTION 111. To meet the expenditures necessary in carrying out sections 2 and 2A,
38003800 3781inclusive, the state treasurer shall, upon request of the governor, issue and sell bonds of the
38013801 3782commonwealth in an amount to be specified by the governor from time to time but not
38023802 3783exceeding, in the aggregate, $6,251,986,900. All bonds issued by the commonwealth as aforesaid
38033803 3784shall be designated on their face, The Affordable Homes Act of 2024, and shall be issued for a 174 of 177
38043804 3785maximum term of years, not exceeding 30 years, as the governor may recommend to the general
38053805 3786court under section 3 of Article LXII of the Amendments to the Constitution; provided, however,
38063806 3787that all such bonds shall be payable not later than June 30, 2059. All interest and payments on
38073807 3788account of principal on such obligations shall be payable from the General Fund. Bonds and
38083808 3789interest thereon issued under the authority of this section shall, notwithstanding any other
38093809 3790provision of this act, be general obligations of the commonwealth. An amount not to exceed 2
38103810 3791per cent of the authorizations may be expended by the executive office of housing and livable
38113811 3792communities for administrative costs directly attributable to the purposes of this act, including
38123812 3793costs of clerical and support personnel. The secretary of housing and livable communities shall
38133813 3794file an annual spending plan detailing, by subsidiary, all personnel costs and any administrative
38143814 3795costs charged to expenditures made pursuant to this act with the fiscal affairs division within the
38153815 3796executive office for administration and finance, the house and senate committees on ways and
38163816 3797means, the joint committee on bonding, capital expenditures and state assets and the joint
38173817 3798committee on housing.
38183818 3799 SECTION 112. To meet the expenditures necessary in carrying out section 2B, the state
38193819 3800treasurer shall, upon request of the governor, issue and sell bonds in an amount to be specified by
38203820 3801the governor from time to time but not exceeding, in the aggregate, $250,000,000. All bonds
38213821 3802issued by the commonwealth as aforesaid shall be designated on their face The Affordable
38223822 3803Homes Act of 2024, and shall be issued for a maximum term of years, not exceeding 30 years, as
38233823 3804the governor may recommend to the general court pursuant to section 3 of Article LXII of the
38243824 3805Amendments to the Constitution; provided, however, that all such bonds shall be payable not
38253825 3806later than June 30, 2059. All interest and payments on account of principal on such obligations
38263826 3807shall be payable from the General Fund. Bonds and interest thereon issued under the authority of 175 of 177
38273827 3808this section shall, notwithstanding any other provision of this act, be general obligations of the
38283828 3809commonwealth. An amount not to exceed 2 per cent of the authorizations may be expended by
38293829 3810the executive office of housing and livable communities for administrative costs directly
38303830 3811attributable to the purposes of this act, including costs of clerical and support personnel. The
38313831 3812secretary of housing and livable communities shall file an annual spending plan with the fiscal
38323832 3813affairs division, the house and senate committees on ways and means, the house and senate
38333833 3814committees on bonding, capital expenditures and states assets and the joint committee on
38343834 3815housing which details, by subsidiary, all personnel costs and any administrative costs charged to
38353835 3816expenditures made pursuant to this act.
38363836 3817 SECTION 113. The rural and seasonal communities coordinating council, established in
38373837 3818section 32 of chapter 23B of the General Laws, inserted by section 5, shall submit an initial
38383838 3819report to the executive office of housing and livable communities and the joint committee on
38393839 3820housing not later than 180 days following appointment of its members.
38403840 3821 SECTION 114. Not later than 90 days after the effective date of this act, the secretary of
38413841 3822housing and livable communities, in consultation with the secretary of veterans’ services, shall
38423842 3823promulgate rules or regulations pursuant to subsection (e) of section 36 of chapter 23B of the
38433843 3824General Laws, inserted by section 5.
38443844 3825 SECTION 115. The executive office of housing and livable communities shall report on
38453845 3826all expenditures from the Massachusetts healthy homes program established pursuant to section
38463846 382734 of chapter 23B of the General Laws, inserted by section 5, and the Massachusetts healthy
38473847 3828homes program fund established pursuant to section 35 of said chapter 23B, inserted by section
38483848 38295, to the clerks of the house of representatives and the senate, the joint committee on housing and 176 of 177
38493849 3830the house and senate committees on ways and means not later than 18 months after the effective
38503850 3831date of this act. The report shall include: (i) the number of projects completed through the
38513851 3832Massachusetts healthy homes program addressing habitability concerns; (ii) the locations
38523852 3833throughout the commonwealth; (iii) the total amount of grants or loans authorized; (iv) the
38533853 3834number of projects using existing home repair programs; and (v) the breakdown of landlord-
38543854 3835owned properties and owner-occupied properties. The executive office shall make the report
38553855 3836publicly available on its website.
38563856 3837 SECTION 116. Not later than 180 days after the effective date of this act, the executive
38573857 3838office of housing and livable communities shall promulgate guidance or regulations pursuant to
38583858 3839subsection (g) of section 34 of chapter 23B of the General Laws, as inserted by section 5.
38593859 3840 SECTION 117. Section 37 of chapter 23B of the General Laws, inserted by section 5,
38603860 3841subsection (ee) of section 6 of chapter 62 of the General Laws, inserted by section 14, sections
38613861 384215, 16, and 18 and sections 38OO and 38PP of chapter 63 of the General Laws, inserted by
38623862 3843section 19, shall take effect for tax years beginning on or after January 1, 2025.
38633863 3844 SECTION 118. Section 37 of chapter 23B of the General Laws, inserted by section 5,
38643864 3845subsection (ee) of section 6 of chapter 62 of the General Laws, inserted by section 14, and
38653865 3846section 38OO of chapter 63 of the General Laws, inserted by section 19 are hereby repealed.
38663866 3847 SECTION 119. Section 103 is hereby repealed.
38673867 3848 SECTION 120. Section 105 is hereby repealed.
38683868 3849 SECTION 120A. Sections 36B and 36C shall apply to all time-share plans in the
38693869 3850commonwealth existing before and subsequent to the effective date of this act. 177 of 177
38703870 3851 SECTION 121. Sections 8 and 10 shall take effect 180 days after the effective date of this
38713871 3852act.
38723872 3853 SECTION 121A. Sections 14B and 17B shall be effective for tax years beginning on or
38733873 3854after January 1, 2024.
38743874 3855 SECTION 122. Sections 17, 20, 118 and 119 shall take effect on January 1, 2030.
38753875 3856 SECTION 123. Section 120 shall take effect on June 30, 2030; provided, however, that
38763876 3857the commissioner of capital asset management and maintenance may complete any transaction
38773877 3858for which agreements have been signed and delivered on or before June 30, 2030.