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FILED ON: 6/5/2024
HOUSE . . . . . . . . . . . . . . . No. 4726
House, No. 4707, as changed by the committee on Bills in the Third Reading, and as amended
and passed to be engrossed by the House. June 5, 2024.
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
An Act relative to the Affordable Homes Act.
Whereas, The deferred operation of this act would tend to defeat its purpose, which is to
authorize forthwith the financing of the production and preservation of housing for low and
moderate income citizens of the commonwealth and to make related changes in certain laws,
therefore it is hereby declared to be an emergency law, necessary for the immediate preservation
of the public convenience.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. To provide for a capital outlay program to rehabilitate, produce and
2modernize state-aided public housing developments; to preserve the affordability and the income
3mix of state-assisted multifamily developments; to support home ownership and rental housing
4opportunities for low and moderate income citizens; to stem urban blight through the
5implementation of housing stabilization programs; to support housing production for the elderly,
6disabled and homeless; to preserve housing for the elderly, the homeless and low and moderate
7income citizens and persons with disabilities; to develop facilities for licensed early care and
8education and out of school time programs; and to promote economic reinvestment through the
9funding of infrastructure improvements, the sums set forth in sections 2 to 2B, inclusive for the 2 of 177
10several purposes and subject to the conditions specified in this act, are hereby made available
11subject to the laws regulating the disbursement of public funds.
12 SECTION 2.
13 EXECUTIVE OFFICE OF EDUCATION
14 Department of Early Education and Care
15 3000-0411For the purpose of state financial assistance in the form of grants for the
16Early Education and Out of School Time Capital Fund for the development of eligible facilities
17for licensed early care and education and out of school time programs established in section 18
18of chapter 15D of the General Laws; provided, that the department of early education and care
19may contract with quasi-public or non-profit entities to administer the program, including, but
20not limited to, the Community Economic Development Assistance Corporation established in
21chapter 40H of the General Laws; provided further, that the department may develop or finance
22eligible facilities, may enter into subcontracts with nonprofit organizations established pursuant
23to chapter 180 of the General Laws or organizations in which such nonprofit corporations have a
24controlling financial or managerial interest; provided further, that the department shall consider:
25(i) a balanced geographic plan for such eligible facilities when issuing the funding commitments;
26and (ii) funding large group and school age child care centers, as defined by the department;
27provided further, that the services made available pursuant to such grants shall not be construed
28as a right or entitlement for any individual or class of persons to the benefits financing; provided
29further, that no expenditure shall be made from this item without the prior approval of the
30secretary of administration and finance; and provided further, that eligibility shall be established 3 of 177
31by regulations promulgated by the department pursuant to chapter 30A of the General Laws for
32the implementation, administration and enforcement of this item............................... $50,000,000
33 EXECUTIVE OFFICE OF HOUSING AND LIVABLE COMMUNITIES
34 Office of the Secretary
35 7004-0069For a program of loans or grants to assist homeowners or tenants with a
36household member with blindness or severe disabilities in making modifications to their primary
37residence for the purpose of improving accessibility or to allow such individuals to live
38independently in the community or for construction costs to allow for the building of an
39accessory unit, which shall mean a unit constructed as an additional dwelling unit separate from
40the primary dwelling unit, for a person with disabilities or an elder needing assistance with
41activities of daily living; provided, that not more than 10 per cent shall be used for grants to
42assist landlords seeking to make modifications for a current or prospective tenant with
43disabilities, who but for such a grant would be unable to maintain or secure permanent housing;
44provided further, that the secretary of housing and livable communities and the secretary of
45health and human services shall take all steps necessary to minimize the program’s
46administrative costs; provided further, that the secretary of health and human services may
47contract with quasi-public or non-profit entities to administer the program, including, but not
48limited to, the Community Economic Development Assistance Corporation established in
49chapter 40H of the General Laws; provided further, that the program shall be available pursuant
50to income eligibility standards approved by the secretary of health and human services; provided
51further, that the repayment of the loans may be delayed until the sale of the principal residence
52by the homeowner; provided further, that persons residing in a development covered by section 4 4 of 177
53of chapter 151B of the General Laws shall not be eligible for the program unless the owner can
54show that the modification is an undue financial burden or that the landlord is participating in the
55grant program to maintain or secure housing for a tenant with disabilities; provided further, that
56the secretary of health and human services shall consult with the Massachusetts commission for
57the blind and the Massachusetts rehabilitation commission to develop rules, regulations and
58guidelines for the program; provided further, that nothing in this item shall give rise to
59enforceable legal rights in any party or an enforceable entitlement to services; provided further,
60that funds expended from this item shall, to the maximum extent feasible, be prioritized for
61projects that comply with decarbonization and sustainability standards; provided further, that
62prioritization shall be determined through objective scoring criteria in the Qualified Allocation
63Plan developed by the executive office of housing and livable communities; provided further,
64that for new construction projects, the standards set forth in the commonwealth’s Opt-in
65Specialized Energy Code in 225 CMR 22.00 and 23.00 and the Enterprise Green Communities
66standards shall be the applicable standards for prioritization; provided further, that any project
67proposing less than full compliance with said standards shall provide detailed analysis
68demonstrating why full compliance would render the project infeasible notwithstanding
69utilization of all available federal and state incentives, including rebates and tax credits; provided
70further, that for retrofits of existing units, prioritization shall be given to projects that include
71energy efficiency and electrification decarbonization measures, including, but not limited to
72electric or ground source heat pumps, net-zero developments, Passive House or equivalent
73energy efficiency certification, and all-electric buildings and projects that incorporate green,
74sustainable and climate-resilient elements; provided further, that projects that include lower
75embodied carbon construction materials and methods shall be further prioritized; and provided 5 of 177
76further, that the secretary of housing and livable communities shall submit quarterly reports to
77the house and senate committees on ways and means, the joint committee on bonding, capital
78expenditures and state assets and the joint committee on housing detailing the status of the
79program established in this item................................................................................... $60,000,000
80 7004-0070For state financial assistance in the form of loans for the development of
81community-based housing or supportive housing for individuals with mental illness and
82individuals with intellectual disabilities; provided, that the loan program shall be administered by
83the executive office of housing and livable communities through contracts with 1 or more of the
84following agencies: the Massachusetts Development Finance Agency established in chapter 23G
85of the General Laws, the Community Economic Development Assistance Corporation
86established in chapter 40H of the General Laws, operating agencies established pursuant to
87chapter 121B of the General Laws and the Massachusetts Housing Finance Agency established
88in chapter 708 of the acts of 1966; provided further, that those agencies may develop or finance
89community-based housing or supportive housing or may enter into subcontracts with nonprofit
90organizations, established pursuant to chapter 180 of the General Laws, or organizations in
91which such nonprofit corporations have a controlling financial or managerial interest or for-profit
92organizations; provided, however, that preference for the subcontracts shall be given to nonprofit
93organizations; provided further, that the executive office shall consider a balanced geographic
94plan for such community-based housing or supportive housing when issuing the loans; provided
95further, that the executive office shall consider development of a balanced range of housing
96models by prioritizing funds for integrated housing as defined by the appropriate housing and
97service agencies, including, but not limited to, the executive office of housing and livable
98communities, the department of mental health and the department of developmental services, in 6 of 177
99consultation with relevant and interested clients, clients’ families, advocates and other parties as
100necessary; provided further, that loans issued pursuant to this item shall: (i) not exceed 50 per
101cent of the financing of the total development costs; (ii) not be issued unless a contract or
102agreement for the use of the property for such housing provides for repayment to the
103commonwealth at the time of disposition of the property if such property will no longer be
104subject to a recorded deed restriction pursuant to clause (iii) of this item; provided, however, that
105such repayment shall be in an amount equal to the commonwealth’s proportional contribution
106from the Facilities Consolidation Fund to the cost of the development through payments made by
107the state agency making the contract; provided further, that such repayment shall not be required
108if the executive office of housing and livable communities, in consultation with the department
109of mental health and the department of developmental services, determines that relevant clients
110will be better served at an alternative property and the proceeds from the disposition of the
111property will be used, to the extent necessary for replacement of the housing at the property, for
1121 or more of the following purposes: (A) to acquire such alternative property; or (B) to
113rehabilitate such alternative property; (iii) not be issued unless the contract or agreement for the
114use of the property for the purposes of such housing provides for the recording of a deed
115restriction in the registry of deeds or the registry district of the land court of the county in which
116the real property is located, for the benefit of the executive office and the departments, running
117with the land, that the land shall be used to provide community-based housing or supportive
118housing for eligible individuals as determined by the department of mental health and the
119department of developmental services; provided, however, that the property shall not be released
120from such restriction unless: (A) the balance of the principal and interest for the loan has been
121repaid in full; (B) a mortgage foreclosure deed has been recorded; or (C) the executive office of 7 of 177
122housing and livable communities has determined, pursuant to clause (ii) of this item, that
123repayment to the commonwealth is not required; (iv) be issued for a term not to exceed 30 years,
124during which time repayment may be deferred by the loan issuing authority; provided, however,
125that if on the date the loans become due and payable to the commonwealth, an outstanding
126balance exists and if, on such date, the executive office, in consultation with the executive office
127of health and human services, determines that there still exists a need for such housing and that
128there is continued funding available for the provision of services to such development, the
129executive office may, by agreement with the owner of the development, extend the loans for
130such periods, each period not to exceed 10 years, as the executive office shall determine;
131provided further, that the project, whether at the original property, or at an alternative property
132pursuant to clause (ii) of this item, shall remain affordable housing for the duration of the loan
133term, including any extension thereof, as set forth in the contract or agreement entered into by
134the executive office; provided further, that in the event the terms of repayment detailed in this
135item would cause a project authorized by this item to become ineligible to receive federal
136financial assistance which would otherwise assist in the development of that project, the
137executive office may waive the terms of repayment which would cause the project to become
138ineligible; and (v) have interest rates fixed at a rate, to be determined by the executive office, in
139consultation with the state treasurer; provided further, that the loans shall be provided only for
140projects conforming to this item; provided further, that the loans shall be issued in accordance
141with a facilities consolidation plan prepared by the secretary of health and human services,
142reviewed and approved by the executive office and filed with the secretary of administration and
143finance, the house and senate committees on ways and means, the joint committee on bonding,
144capital expenditures and state assets and the joint committee on housing; provided further, that 8 of 177
145no expenditure shall be made from this item without the prior approval of the secretary of
146administration and finance; provided further, that the executive office of housing and livable
147communities, the department of mental health and the Community Economic Development
148Assistance Corporation may identify appropriate financing mechanisms and guidelines for grants
149or loans from this item to promote private development to produce housing, to provide for
150independent integrated living opportunities, to write down building and operating costs and to
151serve households at or below 15 per cent of the area median income for the benefit of department
152of mental health clients; provided further, that funds expended from this item shall, to the
153maximum extent feasible, be prioritized for projects that comply with decarbonization and
154sustainability standards; provided further, that prioritization shall be determined through
155objective scoring criteria in the Qualified Allocation Plan developed by the executive office of
156housing and livable communities; provided further, that for new construction projects, the
157standards set forth in the commonwealth’s Opt-in Specialized Energy Code in 225 CMR 22.00
158and 23.00 and the Enterprise Green Communities standards shall be the applicable standards for
159prioritization; provided further, that any project proposing less than full compliance with said
160standards shall provide detailed analysis demonstrating why full compliance would render the
161project infeasible notwithstanding utilization of all available federal and state incentives,
162including rebates and tax credits; provided further, that for retrofits of existing units,
163prioritization shall be given to projects that include energy efficiency and electrification
164decarbonization measures, including, but not limited to electric or ground source heat pumps,
165net-zero developments, Passive House or equivalent energy efficiency certification, and all-
166electric buildings and projects that incorporate green, sustainable and climate-resilient elements;
167provided further, that projects that include lower embodied carbon construction materials and 9 of 177
168methods shall be further prioritized; provided further, that not more than $10,000,000 may be
169expended from this item for a pilot program of community-based housing or supportive housing
170loans to serve mentally ill homeless individuals in the current or former care of the department of
171mental health; provided further, that in implementing the pilot program, the executive office
172shall consider a balanced geographic plan when establishing community-based residences;
173provided further, that the housing services made available pursuant to such loans shall not be
174construed as a right or an entitlement for any individual or class of persons to the benefits of the
175pilot program; provided further, that eligibility for the pilot program shall be established by
176regulations promulgated by the executive office; and provided further, that the executive office
177shall promulgate regulations under chapter 30A of the General Laws to implement, administer
178and enforce this item, consistent with the facilities consolidation plan prepared by the secretary
179of health and human services and after consultation with the secretary and the commissioner of
180capital asset management and
181maintenance...................................................................................................................$70,000,000
182 7004-0071For state financial assistance in the form of loans for the development and
183redevelopment of community-based housing or supportive housing for persons with disabilities
184who are institutionalized or at risk of being institutionalized and who are not eligible for housing
185developed pursuant to item 7004-0070; provided, that the loan program shall be administered by
186the executive office of housing and livable communities, through contracts with the
187Massachusetts Development Finance Agency established in chapter 23G of the General Laws,
188the Community Economic Development Assistance Corporation established in chapter 40H of
189the General Laws, operating agencies established pursuant to chapter 121B of the General Laws
190and the Massachusetts Housing Finance Agency established in chapter 708 of the acts of 1966; 10 of 177
191provided further, that the agencies may develop or finance community-based housing or
192supportive housing or may enter into subcontracts with nonprofit organizations established
193pursuant to chapter 180 of the General Laws or organizations in which such nonprofit
194corporations have a controlling financial or managerial interest or for-profit organizations;
195provided, however, that preference for such subcontracts shall be given to nonprofit
196organizations; provided further, that the executive office shall consider a balanced geographic
197plan for such community-based housing or supportive housing when issuing the loans; provided
198further, that all housing developed with these funds shall be integrated housing as defined by the
199appropriate state housing and service agencies, including, but not limited to, the executive office,
200the executive office of health and human services and the Massachusetts rehabilitation
201commission, in consultation with relevant and interested clients, clients’ families, advocates and
202other parties as necessary; provided further, that loans issued pursuant to this item shall: (i) not
203exceed 50 per cent of the financing of the total development costs; (ii) not be issued unless a
204contract or agreement for the use of the property for the purposes of such housing provides for
205repayment to the commonwealth at the time of disposition of the property if such property will
206no longer be subject to a recorded deed restriction pursuant to clause (iii) of this item; provided,
207however, that such repayment shall be in an amount equal to the commonwealth’s proportional
208contribution from community-based housing to the cost of the development through payments
209made by the state agency making the contract; provided further, that such repayment shall not be
210required if the executive office of housing and livable communities, in consultation with the
211Massachusetts rehabilitation commission, determines that relevant clients will be better served at
212an alternative property and the proceeds from the disposition of the property will be used, to the
213extent necessary for replacement of the housing at the property, for 1 or both of the following 11 of 177
214purposes: (A) to acquire such alternative property; or (B) to rehabilitate such alternative
215property; (iii) not be issued unless a contract or agreement for the use of the property for the
216purposes of such community-based housing or supportive housing provides for the recording of a
217deed restriction in the registry of deeds or the registry district of the land court of the county in
218which the real property is located, for the benefit of the executive office, running with the land,
219that the land shall be used to provide community-based housing or supportive housing for
220eligible individuals as determined by the Massachusetts rehabilitation commission or other
221agency of the executive office of health and human services; provided, however, that the
222property shall not be released from such restrictions unless: (A) the balance of the principal and
223interest for the loan has been repaid in full; (B) a mortgage foreclosure deed has been recorded;
224or (C) the executive office of housing and livable communities has determined, pursuant to
225clause (ii) of this item, that repayment to the commonwealth is not required; (iv) be issued for a
226term not to exceed 30 years during which time repayment may be deferred by the loan issuing
227authority; provided, however, that if on the date the loans become due and payable to the
228commonwealth, an outstanding balance exists and if, on that date, the executive office, in
229consultation with the executive office of health and human services, determines that there still
230exists a need for such housing, the executive office may, by agreement with the owner of the
231development, extend the loans for such periods, each period not to exceed 10 years, as the
232executive office shall determine; provided further, that the project, whether at the original
233property or at an alternative property pursuant to clause (ii) of this item, shall continue to remain
234affordable housing for the duration of the loan term, including any extensions thereof, as set
235forth in the contract or agreement entered into by the executive office; provided, however, that in
236the event the terms of repayment detailed in this item would cause a project authorized by this 12 of 177
237item to become ineligible to receive federal financial assistance, which would otherwise assist in
238the development of that project, the executive office may waive the terms of repayment which
239would cause the project to become ineligible; and (v) have interest rates fixed at a rate, to be
240determined by the executive office, in consultation with the state treasurer; provided further, the
241loans shall be provided only for projects conforming to this item; provided further, that the loans
242shall be issued in accordance with an enhancing community-based services plan prepared by the
243secretary of health and human services, in consultation with the executive office and filed with
244the secretary of administration and finance, the house and senate committees on ways and means,
245the joint committee on bonding, capital expenditures and state assets and the joint committee on
246housing; provided further, that funds expended from this item shall, to the maximum extent
247feasible, be prioritized for projects that comply with decarbonization and sustainability
248standards; provided further, that prioritization shall be determined through objective scoring
249criteria in the Qualified Allocation Plan developed by the executive office of housing and livable
250communities; provided further, that for new construction projects, the standards set forth in the
251commonwealth’s Opt-in Specialized Energy Code in 225 CMR 22.00 and 23.00 and the
252Enterprise Green Communities standards shall be the applicable standards for prioritization;
253provided further, that any project proposing less than full compliance with said standards shall
254provide detailed analysis demonstrating why full compliance would render the project infeasible
255notwithstanding utilization of all available federal and state incentives, including rebates and tax
256credits; provided further, that for retrofits of existing units, prioritization shall be given to
257projects that include energy efficiency and electrification decarbonization measures, including,
258but not limited to, electric or ground source heat pumps, net-zero developments, Passive House
259or equivalent energy efficiency certification and all-electric buildings and projects that 13 of 177
260incorporate green, sustainable and climate-resilient elements; provided further, that projects that
261include lower embodied carbon construction materials and methods shall be further prioritized;
262provided further, that no expenditure shall be made from this item without the prior approval of
263the secretary of administration and finance; and provided further, that the executive office shall
264promulgate regulations pursuant to chapter 30A of the General Laws for the implementation,
265administration and enforcement of this item, consistent with the enhancing community-based
266services plan prepared by the secretary of health and human services after consultation with the
267secretary and the commissioner of capital asset management and
268maintenance...................................................................................................................$55,000,000
269 7004-0072For the capitalization of the Affordable Housing Trust Fund established in
270section 2 of chapter 121D of the General Laws; provided, that funds expended from this item
271shall, to the maximum extent feasible, be prioritized for projects that comply with
272decarbonization and sustainability standards; provided further, that prioritization shall be
273determined through objective scoring criteria in the Qualified Allocation Plan developed by the
274executive office of housing and livable communities; provided further, that for new construction
275projects, the standards set forth in the commonwealth’s Opt-in Specialized Energy Code in 225
276CMR 22.00 and 23.00 and the Enterprise Green Communities standards shall be the applicable
277standards for prioritization; provided further, that any project proposing less than full compliance
278with said standards shall provide detailed analysis demonstrating why full compliance would
279render the project infeasible notwithstanding utilization of all available federal and state
280incentives, including rebates and tax credits; provided further, that for retrofits of existing units,
281prioritization shall be given to projects that include energy efficiency and electrification
282decarbonization measures, including, but not limited to, electric or ground source heat pumps, 14 of 177
283net-zero developments, Passive House or equivalent energy efficiency certification and all-
284electric buildings and projects that incorporate green, sustainable and climate-resilient elements;
285provided further, that projects that include lower embodied carbon construction materials and
286methods shall be further prioritized; provided further, that not more than $50,000,000 of the
287funds made available in this item may be used to create and maintain opportunities for
288homeownership for first time homebuyers; provided further, that funds shall be expended to
289create and enhance access to homeownership in order to foster long-term benefits for housing
290security, health and economic outcomes and to address a systemic homeownership gap in
291socially disadvantaged communities and among targeted populations; provided further, that
292funds may be expended for down payment assistance programs, mortgage insurance programs
293and mortgage interest subsidy programs administered by the Massachusetts Housing Finance
294Agency and the Massachusetts Housing Partnership; and provided further, that funds may be
295expended to first-time homebuyer counseling and financial literacy
296programs.................................................................................................................$800,000,000
297 7004-0073For state financial assistance in the form of grants or loans for the Housing
298Stabilization and Investment Trust Fund established in section 2 of chapter 121F of the General
299Laws and awarded only pursuant to the criteria established in said section 2 of said chapter 121F;
300provided, that not less than 25 per cent shall be used to fund projects which preserve and produce
301housing for families and individuals with incomes of not more than 30 per cent of the area
302median income, as defined by the United States Department of Housing and Urban
303Development; provided further, that if the executive office of housing and livable communities
304has not spent the amount authorized under the bond cap for this program, at the end of each
305calendar year following the effective date of this act, the executive office may award the 15 of 177
306remaining funds to projects that serve households earning more than 30 per cent of the area
307median income, as defined by the United States Department of Housing and Urban
308Development; provided further, that funds expended from this item shall, to the maximum extent
309feasible, be prioritized for projects that comply with decarbonization and sustainability
310standards; provided further, that prioritization shall be determined through objective scoring
311criteria in the Qualified Allocation Plan developed by the executive office of housing and livable
312communities; provided further, that for new construction projects, the standards set forth in the
313commonwealth’s Opt-in Specialized Energy Code in 225 CMR 22.00 and 23.00 and the
314Enterprise Green Communities standards shall be the applicable standards for prioritization;
315provided further, that any project proposing less than full compliance with said standards shall
316provide detailed analysis demonstrating why full compliance would render the project infeasible
317notwithstanding utilization of all available federal and state incentives, including rebates and tax
318credits; provided further, that for retrofits of existing units, prioritization shall be given to
319projects that include energy efficiency and electrification decarbonization measures, including,
320but not limited to, electric or ground source heat pumps, net-zero developments, Passive House
321or equivalent energy efficiency certification and all-electric buildings and projects that
322incorporate green, sustainable and climate-resilient elements; and provided further, that projects
323that include lower embodied carbon construction materials and methods shall be further
324prioritized..................................................................................................................$425,000,000
325 7004-0074For state financial assistance in the form of grants for projects undertaken
326pursuant to clause (j) of section 26 of chapter 121B of the General Laws; provided, that contracts
327entered into by the executive office of housing and livable communities for those projects may
328include, but shall not be limited to, projects providing for renovation, remodeling, reconstruction, 16 of 177
329redevelopment and hazardous material abatement, including asbestos and lead paint, and for
330compliance with state codes and laws and for adaptations necessary for compliance with the
331federal Americans with Disabilities Act of 1990, the provision of day care facilities, learning
332centers and teen service centers and the adaptation of units for families and persons with
333disabilities; provided further, that priority shall be given to projects undertaken for the purpose of
334compliance with state codes and laws or for other purposes related to the health and safety of
335residents; provided further, that funds may be expended from this item to make such
336modifications to congregate housing units as may be necessary to increase the occupancy rate of
337such units; provided further, that the executive office shall continue to fund a program to provide
338predictable funds to be used flexibly by housing authorities for capital improvements to extend
339the useful life of state-assisted public housing; provided further, that not less than 25 per cent of
340the funds made available in this item shall be used to fund projects which preserve or produce
341housing for families and individuals with incomes of not more than 30 per cent of the area
342median income, as defined by the United States Department of Housing and Urban
343Development; provided further, that not less than $99,000,000 shall be expended by the Boston
344Housing Authority for the development of replacement public housing and additional new
345housing on the Faneuil Gardens site owned by the Boston Housing Authority between Faneuil
346street and North Beacon street, Boston Parcel ID 2202616000, in the city of Boston and the
347adjacent parcel at the southeast corner of North Beacon street and Goodenough street, Boston
348Parcel ID 2202627000, in the city of Boston; provided further, that not less than $15,000,000 of
349the funds made available in this item shall be used to increase accessibility of state-aided public
350housing for persons with disabilities; provided further, that not more than $150,000,000 of the
351funds made available in this item may be used to fund projects that include sustainability 17 of 177
352initiatives to reduce greenhouse gas emissions and make progress towards decarbonization
353through energy efficiency and electrification decarbonization measures, including, but not
354limited to, electric or ground source heat pumps, net-zero developments, Passive House or
355equivalent energy efficiency certification and all-electric buildings and projects that incorporate
356green, sustainable and climate-resilient elements; provided further, that projects that include
357lower embodied carbon construction materials and methods shall be further prioritized; and
358provided further, that funds made available in this item shall, to the extent feasible, be used in
359accordance with the Massachusetts state hazard mitigation and climate adaptation
360plan....................................................................................................................$2,000,000,000
361 7004-0075For state financial assistance in the form of grants for a demonstration
362program, administered by the executive office of housing and livable communities, to
363demonstrate cost effective revitalization methods for state-aided family and elderly-disabled
364public housing that seek to reduce the need for future state modernization funding; provided, that
365housing authorities with state-aided housing developments pursuant to chapter 200 of the acts of
3661948, chapter 667 of the acts of 1954, chapter 705 of the acts of 1966, chapter 689 of the acts of
3671974 or chapter 167 of the acts of 1987 shall be eligible to participate in the demonstration
368program; provided further, that the executive office may exempt a recipient of demonstration
369grants from the requirements of chapters 7C and 121B of the General Laws upon a showing by
370the recipient that such exemptions are necessary to accomplish the effective revitalization of
371public housing and shall not adversely affect public housing residents or applicants of any
372income who are otherwise eligible; provided further, that the executive office may provide to
373recipients of demonstration grants such additional regulatory relief as may be required to further
374the objectives of the demonstration program; provided further, that funds may be made available 18 of 177
375for technical assistance provided by the Community Economic Development Assistance
376Corporation established in chapter 40H of the General Laws or the Massachusetts Housing
377Partnership Fund established in section 35 of chapter 405 of the acts of 1985 to recipients of
378demonstration grants and for evaluation of the demonstration; provided further, that the
379executive office’s regulations for the implementation, administration and enforcement of this
380item shall: (i) require that selected housing authorities demonstrate innovative and replicable
381solutions to the management, marketing or capital needs of state-aided family and elderly-
382disabled public housing developments and contribute to the continued viability of the housing as
383a resource for public housing eligible residents; (ii) encourage proposals that demonstrate
384regional collaborations among housing authorities; and (iii) encourage proposals for new
385affordable housing units on municipally-owned land, underutilized public housing sites or other
386land owned by the housing authority; provided further, that funds expended from this item shall,
387to the maximum extent feasible, be prioritized for projects that comply with decarbonization and
388sustainability standards; provided further, that prioritization shall be determined through
389objective scoring criteria in the Qualified Allocation Plan developed by the executive office of
390housing and livable communities; provided further, that for new construction projects, the
391standards set forth in the commonwealth’s Opt-in Specialized Energy Code in 225 CMR 22.00
392and 23.00 and the Enterprise Green Communities standards shall be the applicable standards for
393prioritization; provided further, that any project proposing less than full compliance with said
394standards shall provide detailed analysis demonstrating why full compliance would render the
395project infeasible notwithstanding utilization of all available federal and state incentives,
396including rebates and tax credits; provided further, that for retrofits of existing units,
397prioritization shall be given to projects that include energy efficiency and electrification 19 of 177
398decarbonization measures, including, but not limited to, electric or ground source heat pumps,
399net-zero developments, Passive House or equivalent energy efficiency certification, and all-
400electric buildings and projects that incorporate green, sustainable and climate-resilient elements;
401and provided further, that projects that include lower embodied carbon construction materials
402and methods shall be further prioritized .....................................................................$200,000,000
403 7004-0076For state financial assistance in the form of grants or loans for the Housing
404Innovations Trust Fund established in section 2 of chapter 121E of the General Laws; provided,
405that not less than 25 per cent of the funds made available in this item shall be used to fund
406projects which preserve and produce housing for families and individuals with incomes of not
407more than 30 per cent of the area median income, as defined by the United States Department of
408Housing and Urban Development; provided further, that funds expended from this item shall, to
409the maximum extent feasible, be prioritized for projects that comply with decarbonization and
410sustainability standards; provided further, that prioritization shall be determined through
411objective scoring criteria in the Qualified Allocation Plan developed by the executive office of
412housing and livable communities; provided further, that for new construction projects, the
413standards set forth in the commonwealth’s Opt-in Specialized Energy Code in 225 CMR 22.00
414and 23.00 and the Enterprise Green Communities standards shall be the applicable standards for
415prioritization; provided further, that any project proposing less than full compliance with said
416standards shall provide detailed analysis demonstrating why full compliance would render the
417project infeasible notwithstanding utilization of all available federal and state incentives,
418including rebates and tax credits; provided further, that for retrofits of existing units,
419prioritization shall be given to projects that include energy efficiency and electrification
420decarbonization measures, including, but not limited to, electric or ground source heat pumps, 20 of 177
421net-zero developments, Passive House or equivalent energy efficiency certification, and all-
422electric buildings and projects that incorporate green, sustainable and climate-resilient elements;
423and provided further, that projects that include lower embodied carbon construction materials
424and methods shall be further prioritized…..................................................................$200,000,000
425 7004-0078For state financial assistance in the form of no interest loans, grants,
426subsidies, credit enhancements and other financial assistance for innovative, sustainable and
427green housing initiatives; provided, that entities eligible to receive financial assistance under this
428item shall include qualified for-profit or non-profit developers, community development
429corporations, local housing authorities, community action agencies, community-based or
430neighborhood-based non-profit housing organizations, other non-profit organizations and for-
431profit entities, and governmental bodies; provided further, that funds may be used to assist units
432occupied by and affordable to persons with incomes not more than 110 per cent of the area
433median income, as defined by the United States Department of Housing and Urban Development
434with priority given to projects that provide higher and deeper levels of affordability; provided
435further, that not less than 25 per cent of the occupants of housing in projects assisted by this item
436shall be persons whose income is not more than 60 per cent of the area median income, as
437defined by the United States Department of Housing and Urban Development; provided further,
438that financial assistance shall be awarded in a manner that promotes geographic, social, racial
439and economic equity; provided further, that funds expended from this item shall, to the
440maximum extent feasible, be prioritized for projects that comply with decarbonization and
441sustainability standards; provided further, that prioritization shall be determined through
442objective scoring criteria in the Qualified Allocation Plan developed by the executive office of
443housing and livable communities; provided further, that for new construction projects, the 21 of 177
444standards set forth in the commonwealth’s Opt-in Specialized Energy Code in 225 CMR 22.00
445and 23.00 and the Enterprise Green Communities standards shall be the applicable standards for
446prioritization; provided further, that any project proposing less than full compliance with said
447standards shall provide detailed analysis demonstrating why full compliance would render the
448project infeasible notwithstanding utilization of all available federal and state incentives,
449including rebates and tax credits; provided further, that for retrofits of existing units,
450prioritization shall be given to projects that include energy efficiency and electrification
451decarbonization measures, including, but not limited to, electric or ground source heat pumps,
452net-zero developments, Passive House or equivalent energy efficiency certification, and all-
453electric buildings and projects that incorporate green, sustainable and climate-resilient elements;
454provided further, that projects that include lower embodied carbon construction materials and
455methods shall be further prioritized; provided further, that financial assistance under this item
456shall be for the following purposes: (a) to accelerate and support innovative strategies for the
457production of affordable and mixed-income housing developments and other market
458transformation activities, including, but not limited to: (i) re-use of commercial space, office
459space, and underutilized state- or locally-controlled land or assets, including, but not limited to,
460brownfield or greyfield sites, or other property that the secretary of housing and livable
461communities has determined is suitable for sustainable residential or mixed-use development; (ii)
462modular construction, manufactured housing, and other innovative housing models that offer
463development or operating cost savings, utilize advanced and applied technologies, provide
464efficiencies to help accelerate production and that incorporate energy efficiency or energy
465conservation into their design, construction or rehabilitation; (iii) accessory dwelling units and
466co-housing models; and (iv) other market transformation efforts to be determined by the 22 of 177
467executive office of housing and livable communities, which may include, but not be limited to,
468any pilot program or demonstration program that is consistent with the purposes of this item;
469provided further, that such strategies may include a mixed income social housing pilot program
470in which a local or regional housing authority or other public or quasi-public entity maintains
471majority ownership or control of such housing; (b) to accelerate and support the creation of low-
472income and moderate-income residential housing units and mixed use developments that include
473both residential housing units and commercial or retail space in close proximity to transit nodes
474or within neighborhood commercial areas, including, but not limited to, those areas designated as
475main street areas and rural villages; provided, that the program shall be administered to: (i)
476maximize the amount of affordable residential and mixed-use space in close proximity to transit
477nodes or within neighborhood commercial areas, resulting in higher density, compact
478development and pedestrian-friendly, inclusive and connected neighborhoods; (ii) increase mass
479transit ridership; (iii) decrease traffic congestion and reduce greenhouse gas emissions; and (iv)
480increase economic opportunity for disadvantaged populations by making it easier for residents of
481affordable housing to access public transportation, including transportation supporting commutes
482to employment centers; provided further, that the program may be administered to include
483projects which have residential units above commercial space located in areas characterized by a
484predominance of commercial land uses, a high daytime or business population or a high
485concentration of daytime traffic and parking, provided, that the financial subsidy for the
486commercial portion of a project shall not exceed the lower of 25 per cent of the total
487development cost of the commercial portion of the project or $1,000,000; provided further, that
488the executive office may provide financial support to non-profit and for-profit developers that
489enter into binding agreements to set aside residential units in existing market-rate, transit- 23 of 177
490oriented housing, over and above any units required to be set aside under local zoning or
491approvals, for rent or sale to income-qualified households at affordable rents or sale prices, as
492applicable; and (c) to accelerate and support the creation and preservation of sustainable and
493climate resilient affordable multifamily housing; provided, that such financial assistance shall be
494made to: (i) incorporate efficient, sustainable and climate resilient design practices in affordable
495residential development to support positive climate mitigation outcomes; (ii) reduce greenhouse
496gas emissions and reliance on fossil fuels; (iii) increase resiliency of existing housing
497developments to mitigate impacts of climate change, including flooding and extreme
498temperatures; and (iv) enhance emergency preparedness, including sustainable means of power
499generation to allow for sheltering vulnerable populations in place; provided further, that financial
500assistance provided pursuant to clause (a) or clause (c) may be administered by the executive
501office of housing and livable communities through contracts with the Massachusetts Housing
502Partnership Fund, established in section 35 of chapter 405 of the acts of 1985, or the
503Massachusetts Housing Finance Agency, established in chapter 708 of the acts of 1966, or both,
504which may, as the case may be, directly offer financial assistance for the purposes set forth
505herein or may enter into subcontracts with non-profit organizations, established pursuant to
506chapter 180 of the General Laws for those purposes; provided further, that financial assistance
507provided pursuant to clause (b) may be administered by the executive office through contracts
508with said Massachusetts Housing Partnership Fund; and provided further, that the executive
509office of housing and livable communities or an administering agency under contract with the
510executive office may establish additional program requirements through regulations or policy
511guidelines............................................................................................................$275,000,000 24 of 177
512 7004-0080For the Middle-Income Housing Fund administered by the Massachusetts
513Housing Finance Agency............................................................................................ $200,000,000
514 SECTION 2A.
515 EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
516 Office of the Secretary
517 1100-2518For costs associated with planning and studies, the preparation of plans
518and specifications, demolition, remediation, construction and relocation of utilities, construction
519and reconstruction of infrastructure, predevelopment, and site preparation; provided, that any
520funds received by a state agency in connection with projects funded from this item may be
521retained by the executive office for administration and finance and expended for the purposes of
522the project, without further appropriation, in addition to the amounts appropriated in this item;
523provided further, that where appropriate, the commissioner of capital asset management and
524maintenance may transfer funds authorized herein in accordance with a delegation of project
525control and supervision process pursuant to section 5 of chapter 7C of the General Laws or for
526the capitalization of the surplus real property disposition fund established in section 107; and
527provided further, that funds from this item shall be distributed in furtherance of affordable
528housing production goals and availability of sites suitable for construction or expansion of
529housing opportunities in the commonwealth in consultation with the secretary of housing and
530livable communities...................................................................................................... $30,000,000
531 1599-1953For local housing initiatives; provided, that not less than $1,000,000 shall
532be expended for the Northern Bristol County Assistance Collaborative, Inc. for development
533costs for the Attleboro affordable senior housing project; provided further, that not less than 25 of 177
534$1,000,000 shall be expended for a new connector road in Shrewsbury for new housing units;
535provided further, that not less than $500,000 shall be expended for Holyoke housing authority for
536phase III of South Holyoke homes; provided further, that not less than $100,000 shall be
537expended for the Care drive senior housing project in the town of Erving; provided further, that
538not less than $500,000 shall be expended for Worcester property insurance cancellation repair
539program; provided further, that not less than $100,000 shall be expended for a feasibility study to
540explore affordable housing opportunities in the town of Orange; provided further, that not less
541than $100,000 shall be expended for a feasibility study to explore affordable housing
542opportunities in the town of Winchendon; provided further, that not less than $300,000 shall be
543expended for the removal or securing of blighted or abandoned property on sites to be used for
544affordable, senior, or mixed-use housing in the town of Athol; provided further, that not less than
545$100,000 shall be expended for the removal or securing of blighted or abandoned property on
546sites to be used for affordable, senior, or mixed-use housing in the town of Orange; provided
547further, that not less than $1,000,000 shall be expended for the renovation of Cassilas Farm for
548affordable housing units in New Marlborough; provided further, that not less than $100,000 shall
549be expended for a feasibility study of St. Martin Hall on the property of Shakespeare and
550Company located in the town of Lenox; provided further, that not less than $5,000,000 shall be
551expended for seasonal supportive housing for the non-profit creative economy in Berkshire
552county; provided further, that not less than $500,000 shall be expended for capital improvements
553to the Revere housing authority; provided further, that not less than $200,000 shall be expended
554for the Revere housing authority gold star families public housing development; provided
555further, that not less than $4,000,000 shall be expended for the construction of a new entrance
556and exit ramp on route 1 for safety improvements and planned access to Malden, Revere and the 26 of 177
557overlook development which includes mixed income housing; provided further, that not less than
558$1,000,000 shall be expended for the demolition of the former Winthrop middle school to
559facilitate the development of a mixed-use property including 55 plus housing; provided further,
560that not less than $500,000 shall be expended for capital improvements to the Tyngsborough
561housing authority; provided further, that not less than $500,000 shall be expended for capital
562improvements to the Dracut housing authority; provided further, that not less than $250,000 shall
563be expended to the Shrewsbury housing authority for capital improvements; provided further,
564that not less than $100,000 shall be expended for the design, permitting and construction of a
565road in Bellingham connecting North Main street and Mechanic street to improve access
566between the downtown community and the Massachusetts Bay Transit Authority terminal link by
567improving road infrastructure to allow for 550 new units of housing; provided further, that not
568less than $1,000,000 shall be expended to the Malden housing authority for repairs to the
569Springdale elderly-disabled public housing facility; provided further, that not less than
570$1,000,000 shall be expended for the Malden housing authority for critical infrastructure repairs
571to the Forestdale elderly-disabled public housing facility; provided further, that not less than
572$500,000 shall be expended for the YWCA Malden for renovations to units within its residency
573program for low-income women; provided further, that not less than $500,000 shall be expended
574for the North Star Family Services, Inc.'s journey home family housing in Leominster; provided
575further, that not less than $1,000,000 shall be expended for Clear Path for Veterans New
576England, Inc. veterans housing in Leominster; provided further, that not less than $250,000 shall
577be expended for the Lunenburg housing authority to improve and renovate site conditions in
578Lunenburg; provided further, that not less than $2,000,000 shall be expended for the
579Neighborhood of Affordable Housing, Inc. for the restoration and production of housing at the 27 of 177
580Union Block building in Taunton; provided further, that not less than $500,000 shall be
581expended for NewVue Communities, Inc. redevelopment, renovation and or repurposing of
582underutilized properties; provided further, that not less than $1,000,000 shall be expended for the
583permitting and engineering costs associated with establishing a connection to the Massachusetts
584water resources authority for the town of Walpole through the town of Norwood; provided
585further, that not less than $2,000,000 shall be expended for the city of Fitchburg to assist with the
586redevelopment, renovation and site improvement of underutilized properties to provide
587additional housing capacity; provided further, that not less than $250,000 shall be expended for
588the Townsend housing authority to improve and renovate site conditions in Townsend; provided
589further, that not less than $100,000 shall be expended for the town of Mansfield for development
590in the parkway from North Main street and Chauncy street; provided further, that not less than
591$2,000,000 shall be expended for the Worcester affordable housing trust fund; provided further,
592that not less than $750,000 shall be expended for improvements to the West Boylston housing
593authority; provided further, that not less than $250,000 shall be expended for the Groton housing
594authority to improve and renovate site conditions in Groton; provided further, that not less than
595$250,000 shall be expended to the Pepperell housing authority to improve and renovate site
596conditions in Pepperell; provided further, that not less than $2,000,000 shall be expended for the
597WHEAT Community Connections’ housing project in the town of Clinton; provided further, that
598not less than $250,000 shall be expended to the town of Ashby to improve and renovate site
599conditions in Ashby; provided further, that not less than $1,000,000 shall be expended for
600improvements to the Leicester housing authority; provided further, that not less than $1,000,000
601shall be expended for facility upgrades at Menotomy Manor and the Arlington housing authority;
602provided further, that not less than $250,000 shall be expended to the affordable housing trust 28 of 177
603fund in Dunstable to improve and renovate site conditions in Dunstable; provided further, that
604not less than $1,000,000 shall be expended for elevator replacement at Chestnut Manor in the
605town of Arlington; provided further, that not less than $500,000 shall be expended for fire alarm
606upgrades at the Arlington housing authority; provided further, that not less than $350,000 shall
607be expended for the Worcester housing authority to renovate and preserve affordable units on
608Oberlin street; provided further, that not less than $10,000,000 shall be expended for the
609Springfield housing authority; provided further, that not less than $500,000 shall be expended for
610Meryl's Safe Haven Inc. to complete and operate supportive housing for youth aging out of the
611foster care system; provided further, that not less than $500,000 shall be expended for the design
612of the Belmont housing authority’s expansion project; provided further, that not less than
613$1,000,000 shall be expended in 5 equal amounts over a consecutive 5 year period to the
614Merrimack Valley Housing Partnership, Inc. to support an affordable home ownership pilot
615program to bring down mortgage rates and to increase affordability for qualifying first time
616home buyers purchasing a home in the city of Lowell; provided further, that not less than
617$1,000,000 shall be expended for Inquilinos Boricuas en Acción, Inc. for redevelopment of 2 San
618Juan street in the city of Boson for the conversion from office space to 44 units of affordable
619housing; provided further, that not less than $1,000,000 shall be expended for the Sudbury
620housing trust to develop affordable housing; provided further, that not less than $500,000 shall
621be expended for the Lincoln affordable housing trust to acquire and maintain affordable housing;
622provided further, that not less than $1,000,000 shall be expended for Inquilinos Boricuas en
623Acción, Inc. to redevelop 403 Shawmut avenue in the city of Boston; provided further, that not
624less than $50,000 shall be expended to the Norwell housing authority to improve and renovate
625site conditions in Norwell; provided further, that not less than $2,000,000 shall be expended for 29 of 177
626the expansion of the Massachusetts water resources authority services to municipalities
627bordering the Wachusett reservoir; provided further, that not less than $50,000 shall be expended
628to the Hanson housing authority to improve and renovate site conditions in Hanson; provided
629further, that not less than $50,000 shall be expended for capital improvements to the Charlton
630housing authority; provided further, that not less than $50,000 shall be expended for capital
631improvements at the Dudley housing authority; provided further, that not less than $75,000 shall
632be expended for capital improvements at the Webster housing authority; provided further, that
633not less than $100,000 shall be expended for building upgrades and improvements at the West
634Brookfield housing authority; provided further, that not less than $75,000 shall be expended for
635capital improvements at the Douglas housing authority; provided further, that not less than
636$75,000 shall be expended for improvements at the Sutton housing authority; provided further,
637that not less than $75,000 shall be expended for capital improvements at the Oxford housing
638authority; provided further, that not less than $1,000,000 shall be expended to the North Shore
639Community Development Corporation for costs associated with the el centro project; provided
640further, that not less than $1,500,000 shall be expended to the city of Worcester to create safe
641and supportive housing programming; provided further, that not less than $500,000 shall be
642expended to the city of Worcester’s elder housing repair program to address deferred
643maintenance concerns and housing code violations at elder-owner occupied residential
644properties; provided further, that not less than $1,500,000 shall be expended for the Watertown
645housing authority for the willow park family public housing development; provided further, that
646not less than $1,000,000 shall be expended to the Norwood housing authority; provided further,
647that not less than $200,000 shall be expended for improvements and other costs for safe,
648affordable housing and supportive services at the Merrimack Valley YMCA; provided further, 30 of 177
649that not less than $100,000 shall be expended to the town of Marshfield for site evaluation,
650assessment and preliminary design of the 25 acre Oak street parcel for multi-family housing;
651provided further, that not less than $200,000 shall be expended for the housing assistance
652program at the Greater Lawrence Community Action Council, Inc.; provided further, that not
653less than $30,000 shall be expended to the town of Marshfield for updates to the existing
654Marshfield housing production plan; provided further, that not less than $2,000,000 shall be
655expended for a joint housing development by the Gardner housing authority, Templeton housing
656authority and Winchendon housing authority that focuses on senior citizen housing; provided
657further, that not less than $500,000 shall be expended to the town of Scituate to convert the old
658Gates middle school into senior housing; provided further, that not less than $5,000,000 shall be
659expended to the city of Boston for the affordable housing component of the redevelopment of the
660Boston water and sewer commission parking lots in Roxbury; provided further, that not less than
661$500,000 shall be expended for the Grafton housing authority for building upgrades and general
662improvements; provided further, that not less than $500,000 shall be expended to the
663Northbridge housing authority for building upgrades and improvements; provided further, that
664not less than $25,900 shall be expended for Scituate to update its affordable housing plan;
665provided further, that not less than $1,000,000 shall be expended for the Melrose housing
666authority to make repairs to CJ McCarthy and Julian Steele facilities; provided further, that not
667less than $500,000 shall be expended for the Southborough housing authority for the purchase,
668acquisition, development and site preparation of new affordable housing projects; provided
669further, that not less than $500,000 shall be expended for the Northborough housing authority for
670capital improvement projects and other projects; provided further, that not less than $500,000
671shall be expended for the Westborough affordable housing trust for capital improvements and 31 of 177
672new housing production; provided further, that not less than $1,000,000 shall be expended to
673Hearth Inc. for vital capital repairs across their various properties in the city of Boston; provided
674further, that not less than $1,500,000 shall be expended to and disbursed equally among the local
675housing authorities of the towns of Canton, Stoughton and Avon for capital improvements to
676public housing properties; provided further, that not less than $500,000 shall be expended to the
677Upton housing authority for building upgrades and general improvements; provided further, that
678not less than $500,000 shall be expended for veteran preference housing in the city of Fall
679River; provided further, that not less than $400,000 shall be expended for supportive housing for
680homeless in the city of Fall River; provided further, that not less than $500,000 shall be
681expended to the Winchester housing authority for the planning, design, renovation, maintenance
682or construction of housing; provided further, that not less than $500,000 shall be expended for
683the replacement of shingles and new siding for the Nashmont development of the New Bedford
684housing authority; provided further, that not less than $1,000,000 shall be expended for the
685Wakefield housing authority for the development of the Hurd school into affordable housing for
686persons with disabilities; provided further, that not less than $500,000 shall be expended for
687required utility upgrades at the New Bedford housing authority; provided further, that not less
688than $500,000 shall be expended for the demolition of the existing building and construction of a
689parking deck at 1204 Purchase street in New Bedford; provided further, that not less than
690$50,000 shall be expended for the Topsfield housing authority for power washing and
691renovations at Little Brook Village in Topsfield; provided further, that not less than $6,100,000
692shall be expended for the Brockton yards project in the city of Brockton; provided further, that
693not less than $500,000 shall be expended for the Stoneham housing authority for the planning,
694design, renovation, maintenance or construction of housing; provided further, that not less than 32 of 177
695$500,000 shall be expended for the Amherst municipal affordable housing trust for planning the
696development of affordable housing projects; provided further, that not less than $2,000,000 shall
697be expended for modernization and retrofitting at the West Broadway apartments in the South
698Boston section of Boston; provided further, that not less than $1,000,000 shall be expended for
699the Amherst housing authority for maintenance or capital improvements; provided further, that
700not less than $25,000 shall be expended to expended to the town of Wayland to assist the town
701with Chapter 40B monitoring costs; provided further, that not less than $1,000,000 shall be
702expended for improvements to properties under the control of the Wayland housing authority;
703provided further, that not less than $1,000,000 shall be expended for modernization and
704retrofitting of the state-assisted South street apartments in the Jamaica Plain section of the
705Boston; provided further, that not less than $2,000,000 shall be expended for the deep energy
706retrofit of the federally-assisted Mildred C. Hailey apartments in the Jamaica Plain neighborhood
707in Boston; provided further, that not less than $500,000 shall be expended for maintenance or
708capital improvements at Granby housing authority; provided further, that not less than
709$1,000,000 shall be expended for the Natick housing authority; provided further, that not less
710than $1,000,000 shall be expended for the Amherst housing authority to implement clean energy
711modifications on properties in Amherst; provided further, that not less than $2,000,000 shall be
712expended for the modernization of the Mary Ellen McCormack development; provided further,
713that not less than $6,000 shall be expended for security cameras at St. Joseph Community, Inc.;
714provided further, that not less than $250,000 shall be expended for the North Reading housing
715authority; provided further, that not less than $3,000,000 shall be expended for the Needham
716housing authority construction costs of affordable housing units at Linden street in Needham;
717provided further, that not less than $250,000 shall be expended for the Lynnfield housing 33 of 177
718authority; provided further, that not less than $3,000,000 shall be expended for the Franklin
719bridge senior housing project in Franklin; provided further, that not less than $1,000,000 shall be
720expended for the Chelmsford housing authority for the redevelopment of the Chelmsford Arms
721senior housing complex; provided further, that not less than $2,000,000 shall be expended for the
722comprehensive modernization and redevelopment of the federally-assisted heritage apartments in
723Boston; provided further, that not less than $500,000 shall be expended for a grant program for
724municipalities that endeavor to establish local offices of housing stability to help tenants in
725housing crises including, but not limited to, unaffordability, fire, natural disaster, eviction or
726condemnation; provided further, that not less than $2,000,000 shall be expended for the
727construction of the transit-oriented development connector parkway in Mansfield from north
728main street to Chauncy street; provided further, that not less than $1,000,000 shall be expended
729for the Resilience Hub in Northampton; provided further, that not less than $2,000,000 shall be
730expended for modernizing the special needs and state-assisted scattered site public housing in
731Boston; provided further, that not less than $50,000 shall be expended for capital improvements
732to the Westfield housing authority; provided further, that not less than $5,000,000 shall be
733expended for the Brooke house, treehouse, and Harvard house projects at the Boston state
734hospital in Boston; provided further, that not less than $2,000,000 shall be expended for the
735state-assisted Gallivan apartments; provided further, that not less than $1,000,000 shall be
736expended for the Brookline housing authority to upgrade kitchens to all-electric appliances;
737provided further, that not less than $200,000 shall be expended for the Brookline Community
738Development Corporation for the development of at least 8 units of affordable housing; provided
739further, that not less than $50,000 shall be expended for an initial survey to develop land for
740affordable housing in Southampton; provided further, that not less than $2,000,000 shall be 34 of 177
741expended for the redevelopment of the federally-assisted Bunker hill apartments in Charlestown;
742provided further, that not less than $100,000 shall be expended to the Abington housing authority
743for building upgrades; provided further, that not less than $500,000 shall be expended to Pioneer
744Valley Habitat for Humanity for the construction of a warehouse for the purpose of expanding
745affordable housing in the Connecticut river valley; provided further, that not less than $100,000
746shall be expended to the Whitman housing authority for building for building upgrades; provided
747further, that not less than $100,000 shall be expended to the East Bridgewater housing authority
748for building upgrades and general improvements; provided further, that not less than $3,000,000
749shall be expended for the redevelopment of the federally-assisted Patricia White apartments in
750the Brighton section of the city of Boston; provided further, that not less than $100,000 shall be
751expended for improvements to the Auburn housing authority; provided further, that not less than
752$100,000 shall be expended for improvements to the Millbury housing authority; provided
753further, that not less than $100,000 shall be expended for improvements to the Leicester housing
754authority; provided further, that not less than $500,000 shall be expended to the Springfield
755housing authority for security camera improvements at the riverview complex; provided further,
756that not less than $10,000,000 shall be expended for grants and loans to developers with not
757more than $2,000,000 in assets under management to facilitate affordable housing production in
758gateway municipalities; provided further, that not less than $1,500,000 shall be expended for the
759Thatcher street project in the city of Brockton; provided further, that not less than $500,000 shall
760be expended to the town of Shutesbury for testing and filtration equipment associated with
761residential wells contaminated by per- and polyfluoroalkyl substances; provided further, that not
762less than $1,000,000 shall be expended to the town of Ludlow for the purpose of planning, pre-
763development, and site preparation for certain buildings located at 63 Chestnut street and 54 35 of 177
764Windsor street to be used for affordable, senior, or mixed-use housing; provided further, that not
765less than $2,500,000 shall be expended for the affordable housing project of the Austin street
766parking lots in the Charlestown neighborhood in the city of Boston; provided further, that not
767less than $500,000 shall be expended for veteran preference housing in the city of Lowell;
768provided further, that not less than $4,000,000 shall be expended for affordable housing
769production for seniors, veterans and persons with disabilities in the town of Braintree; provided
770further, that not less than $2,500,000 shall be expended for housing modernization, water and
771sewage improvements and retrofit of the Fairmount apartments in the Hyde Park neighborhood
772of the city of Boston; provided further, that not less than $500,000 shall be expended to the
773Springfield Tower Square, LLC for a net-zero clean energy mixed-use residential development at
7741500 Main street in the city of Springfield; provided further, that not less than $500,000 shall be
775expended to HLRE Development, LLC for the conversion of the board of trade block building
776into affordable and mixed-use housing in the city of Springfield; provided further, that not less
777than $3,000,000 shall be expended for the creation of supportive housing for those with mental
778health and substance abuse disorders in the city of Boston; provided further, that not less than
779$2,000,000 shall be expended to the town of Middleton for infrastructure improvements on route
780114; provided further, that not less than $10,000,000 shall be expended for the Lawrence housing
781authority for infrastructure and maintenance repairs; provided further, that not less than
782$1,000,000 shall be expended for the city of Haverhill as bridge funding for shovel ready
783housing projects; provided further, that not less than $500,000 shall be expended to the Haverhill
784housing authority 335 Groveland supportive housing project; provided further, that not less than
785$5,000,000 shall be expended to the city of Boston to support the acquisition of tenanted housing
786for the purposes of stabilization tenancies and converting such property into permanent 36 of 177
787affordable housing; provided further, that not less than $1,000,000 shall be expended to provide
788permanent supportive housing for formerly homeless individuals at the 41 LaGrange street
789project in the city of Boston; provided further, that not less than $1,500,000 shall be expended
790for the New Bedford small developer go fund; provided further, that not less than $1,000,000
791shall be expended for the International Veterans Care Services Inc for the veterans safe haven
792project; provided further, that not less than $1,500,000 shall be expended for the New Bedford
793office of housing and community development to provide financial assistance for development
794costs of converting commercial to residential housing; provided further, that not less than
795$2,000,000 shall be expended for roadway improvements to increase access to new housing units
796in the town of Rowley; provided further, that not less than $500,000 shall be expended for the
797Brockton housing authority for the planning, design, renovation, maintenance or construction of
798housing; provided further, that not less than $500,000 shall be expended for the Salem affordable
799housing trust fund; provided further, that not less than $1,000,000 shall be expended for the West
800Springfield housing authority for capital improvement projects and upgrades; provided further,
801that not less than $100,000 shall be expended for a site identification feasibility study for artist
802housing for the Barrington Stage Company, Inc. and Berkshire Theatre Group, Inc. in the city of
803Pittsfield; provided further, that not less than $500,000 shall be expended to the city of
804Greenfield for affordable, senior or mixed-use housing; provided further, that not less than
805$500,000 shall be expended to Rural Development, Inc. for technical assistance; provided
806further, that not less than $1,000,000 shall be expended to Revitalization Effort Toward New
807Urbanism, Inc for the production of more than 100 affordable housing units at Merrimack street
808corridor in the city of Lowell; provided further, that not less than $5,000,000 shall be expended
809for the Suffolk Downs project in the city of Boston and the city of Revere; provided further, that 37 of 177
810not less than $1,000,000 shall be expended to the city of Everett for 4 to 8 affordable housing
811units; provided further, that not less than $5,000,000 shall be expended for the transit-orientated
812development mixed-use housing project at Riverside station; provided further, that not less than
813$2,000,000 shall be expended for the comprehensive modernization of the state-assisted Franklin
814field apartments in the Dorchester section of the city of Boston; and provided further, that not
815less than $700,000 shall be expended for East Boston Community Development Corporation for
816repairs and maintenance of income-restricted and subsidized rental
817properties…………………………………………………………..……………$196,986,900
818 1599-3032 For costs associated with expanding the capacity of the Massachusetts
819Water Resources Authority to serve new cities and towns identified in expansion feasibility
820studies conducted by the authority and published in October 2022 pursuant to item 1599-2032 of
821chapter 102 of the acts of 2021; provided, that the authority shall prioritize expansion
822opportunities with a focus on increasing housing capacity in the commonwealth and improving
823drinking water quality for cities and towns with water supplies contaminated by per- and
824polyfluoroalkyl substances; and provided further, that annually, not later than March 14, the
825authority shall submit a report to the secretary of the executive office for administration and
826finance, the secretary of the executive office of housing and livable communities, the house and
827senate committees on ways and means and the joint committee on housing that shall include: (i)
828the amount of funds allocated in the current fiscal year’s capital improvement program for the
829purposes contained in this item; (ii) a summary of the authority’s outreach efforts, including the
830cities and towns that are interested in joining the authority’s service area; (iii) the timeline and
831implementation process of proposed expansions; and (iv) barriers to proposed
832expansions………………………………………………………………..…….. $1,000,000,000 38 of 177
833 EXECUTIVE OFFICE OF HOUSING AND LIVABLE COMMUNITIES
834 Office of the Secretary
835 7004-0077For a local capital projects grant program to support and encourage
836implementation of the housing choice designation for communities that have demonstrated
837housing production and adoption of housing best practices, including a grant program to assist
838MBTA communities in complying with the multi-family zoning requirement in section 3A of
839chapter 40A of the General Laws..................................................................................$50,000,000
840 7004-0079For the Smart Growth Housing Trust Fund established in section 35AA of
841chapter 10 of the General Laws.................................................................................... $20,000,000
842 7004-0081For a reserve to support the production of for-sale, below-market housing
843to expand homeownership opportunities for first-time homebuyers and socially and economically
844disadvantaged individuals; provided, that grants and loans to developers shall be used to
845facilitate production of affordable homeownership units for households earning up to 120 per
846cent of the area median income; provided further, that projects with units restricted to households
847earning not more than 80 per cent of the area median income shall receive preference; provided
848further, that funds expended from this item shall, to the maximum extent feasible, be prioritized
849for projects that comply with decarbonization and sustainability standards; provided further, that
850prioritization shall be determined through objective scoring criteria in the Qualified Allocation
851Plan developed by the executive office of housing and livable communities; provided further,
852that for new construction projects, the standards set forth in the commonwealth’s Opt-in
853Specialized Energy Code in 225 CMR 22.00 and 23.00 and the Enterprise Green Communities
854standards shall be the applicable standards for prioritization; provided further, that any project 39 of 177
855proposing less than full compliance with said standards shall provide detailed analysis
856demonstrating why full compliance would render the project infeasible notwithstanding
857utilization of all available federal and state incentives, including rebates and tax credits; provided
858further, that for retrofits of existing units, prioritization shall be given to projects that include
859energy efficiency and electrification decarbonization measures, including, but not limited to,
860electric or ground source heat pumps, net-zero developments, Passive House or equivalent
861energy efficiency certification, and all-electric buildings and projects that incorporate green,
862sustainable and climate-resilient elements; provided further, that projects that include lower
863embodied carbon construction materials and methods shall be further prioritized; provided
864further, that the minimum number of units for qualifying projects under the program shall be 10
865units; provided further, that funds in this item shall be distributed in a manner that promotes
866geographic equity; provided further, that grants may include a requirement for matching funds;
867provided further, that the executive office of housing and livable communities may enter into
868such contracts and agreements with the Massachusetts Housing Finance Agency, or such other
869public agencies and instrumentalities as it may determine, for the administration of such
870program; and provided further, that not more than 5 per cent of this item shall be used for the
871reasonable costs of administering the program............................................................$100,000,000
872 7004-0082For grants and technical assistance to be made to municipalities and
873regional applicants to support planning and locally-driven initiatives related to community
874development, housing production, workforce training and economic opportunity, childcare and
875early education initiatives and climate resilience initiatives, including nature-based solutions
876projects, that incorporate these elements, across the commonwealth within individual
877communities, regions or a defined subset of communities therein; provided, that funds may be 40 of 177
878expended for culturally-competent and multi-lingual technical assistance and training to small
879businesses; provided further, that preference for funds shall be given to businesses located in
880low- or moderate-income areas and owned by women, veterans, minorities or immigrants; and
881provided further, that grants shall be awarded in a manner that promotes geographic
882equity..............................................................................................................................$25,000,000
883 7004-0083For the HousingWorks infrastructure program established by section 27½
884of chapter 23B of the General Laws............................................................................$175,000,000
885 7004-0085For state financial assistance to cities and towns or agencies, boards,
886commissions, authorities, departments or instrumentalities thereof or community development
887corporations or non-profit organizations to assist in the revitalization of neighborhoods and
888communities with properties in blighted or substandard conditions by subsidizing the purchase
889price, borrowing costs or costs of demolition or renovation projects of up to 50 units of
890residential rental housing or 1 to 4 units of home ownership residential housing that have been
891cited for building or sanitary code violations or that are subject to cancellation of commercial
892property insurance due to substandard property conditions or are otherwise blighted or
893substandard; provided, that contracts entered into by the executive office of housing and livable
894communities for those projects may include, but shall not be limited to, projects providing for
895demolition, renovation, remodeling, reconstruction, redevelopment and hazardous material
896abatement, including asbestos and lead paint, and for compliance with state codes and laws and
897for adaptations necessary for compliance with the federal Americans with Disabilities Act of
8981990; provided further, that preference shall be given to community development corporations
899and local non-profit organizations, organizations sponsoring projects that secure private funds
900and projects with the greatest impact on community stabilization in weak markets, including, but 41 of 177
901not limited to, rural communities and communities that have been disproportionately affected by
902disinvestment, foreclosure and abandonment; provided further, that financial assistance shall be
903awarded in a manner that promotes geographic, social, racial and economic equity; provided
904further, that funds expended from this item shall, to the maximum extent feasible, be prioritized
905for projects that comply with decarbonization and sustainability standards; provided further, that
906prioritization shall be determined through objective scoring criteria in the Qualified Allocation
907Plan developed by the executive office of housing and livable communities; provided further,
908that for new construction projects, the standards set forth in the commonwealth’s Opt-in
909Specialized Energy Code in 225 CMR 22.00 and 23.00 and the Enterprise Green Communities
910standards shall be the applicable standards for prioritization; provided further, that any project
911proposing less than full compliance with said standards shall provide detailed analysis
912demonstrating why full compliance would render the project infeasible notwithstanding
913utilization of all available federal and state incentives, including rebates and tax credits; provided
914further, that for retrofits of existing units, prioritization shall be given to projects that include
915energy efficiency and electrification decarbonization measures, including, but not limited to,
916electric or ground source heat pumps, net-zero developments, Passive House or equivalent
917energy efficiency certification, and all-electric buildings and projects that incorporate green,
918sustainable and climate-resilient elements; provided further, that projects that include lower
919embodied carbon construction materials and methods shall be further prioritized; provided
920further, that such rehabilitated housing shall remain affordable for such period as shall be
921established by the executive office through guidance taking into account differences in market
922conditions and the type of restrictions best suited to promoting community stabilization in
923different markets; and provided further, that an amount not to exceed 2 per cent of the amount 42 of 177
924expended may pay for administrative costs directly attributable to the purposes of this program,
925including costs of support personnel..............................................................................$50,000,000
926 7004-0092For grants and technical assistance for municipalities for the conversion of
927commercial properties into residential housing pursuant to section 103.....................$150,000,000
928 7004-0093For the Massachusetts Healthy Homes program established in section 34
929of chapter 23B of the General Laws, inserted by section 5…………...........................$50,000,000
930 7004-0094For the veterans supported housing initiative program established in
931section 36 of chapter 23B of the General Laws, inserted by section 5; provided, that the
932executive office of housing and livable communities shall partner with a qualified non-profit
933organization, as defined in said section 36 of said chapter 23B, to implement and operate the
934program; and provided further, that the qualified non-profit organization shall receive not more
935than $20,000 in a 12-month period for each eligible veteran ………………………$20,000,000
936 7004-0095For grants to support remediation efforts at former state-owned buildings;
937provided, that grants shall be to support housing development projects on lands and in buildings
938previously owned by the commonwealth and that require asbestos, lead or hazardous material
939demolition and remediation; provided further, that not less than $15,000,000 shall be expended
940for hazardous materials remediation at the former Medfield State Hospital; and provided further,
941that the secretary of housing and livable communities, in consultation with the department of
942environmental protection, shall report to the clerks of the house of representatives and the senate
943and the house and senate committees on ways and means all grants awarded, including the
944amounts of the grants………….................................................................................…$50,000,000
945 SECTION 2B. 43 of 177
946 EXECUTIVE OFFICE OF HOUSING AND LIVABLE COMMUNITIES
947 Office of the Secretary
948 7004-4784For the Massachusetts Housing Finance Agency, established by section 3
949of chapter 708 of the acts of 1966, to capitalize a permanent, revolving Residential Production
950Momentum Fund for the purpose of accelerating the development of mixed-income and
951workforce multifamily housing production projects by providing financial assistance in the form
952of innovative, low-cost and flexible capital funding, which may be in the form of debt, equity or
953other instruments, depending on individual underwriting needs of the project; provided, that not
954less than 20 per cent of the units in a project that receives such financial assistance shall be
955restricted to households with incomes between 60 per cent and 120 per cent of area median
956income; provided further, that notwithstanding paragraph (f) of section 5 of said chapter 708, the
957Agency may in its discretion set the term and prepayment options for any mortgage or other loan
958or instrument issued to any project receiving such financial assistance based on the individual
959underwriting needs of the project; provided further, that such financial assistance shall be
960awarded in a manner that promotes geographic equity; provided further, that funds expended
961from this item shall, to the maximum extent feasible, be prioritized for projects that comply with
962decarbonization and sustainability standards; provided further, that prioritization shall be
963determined through objective scoring criteria in the Qualified Allocation Plan developed by the
964executive office of housing and livable communities; provided further, that for new construction
965projects, the standards set forth in the commonwealth’s Opt-in Specialized Energy Code in 225
966CMR 22.00 and 23.00 and the Enterprise Green Communities standards shall be the applicable
967standards for prioritization; provided further, that any project proposing less than full compliance
968with said standards shall provide detailed analysis demonstrating why full compliance would 44 of 177
969render the project infeasible notwithstanding utilization of all available federal and state
970incentives, including rebates and tax credits; provided further, that for retrofits of existing units,
971prioritization shall be given to projects that include energy efficiency and electrification
972decarbonization measures, including, but not limited to, electric or ground source heat pumps,
973net-zero developments, Passive House or equivalent energy efficiency certification, and all-
974electric buildings and projects that incorporate green, sustainable and climate-resilient elements;
975provided further, that projects that include lower embodied carbon construction materials and
976methods shall be further prioritized; and provided further, that not more than $13,000,000 shall
977be expended for new affordable housing units at the 1234-1240 Soldiers Field Road Project
978approved by the Boston Redevelopment Authority pursuant to document number 8044 in the city
979of Boston……………………………………………………......................................$250,000,000
980 SECTION 3. The first paragraph of section 13A of chapter 22 of the General Laws, as
981amended by section 60 of chapter 7 of the acts of 2023, is hereby further amended by striking out
982the second and third sentences and inserting in place thereof the following 3 sentences:- Two of
983the appointive members shall be architects licensed to practice in the commonwealth. One of the
984appointive members shall be a licensed building inspector. Three of the appointive members
985shall be selected after consultation with advocacy groups on behalf of persons with disabilities.
986 SECTION 3A. Said section 13A of said chapter 22, as so amended, is hereby further
987amended by striking out the fourth paragraph and inserting in place thereof the following
988paragraph:-
989 The board shall make and from time to time alter, amend and repeal, in accordance with
990the provisions of chapter 30A, rules and regulations designed to make multiple dwellings and 45 of 177
991public buildings and facilities, including, but not limited to, areas that are not generally in public
992use, accessible to, functional for and safe for use by persons with disabilities. The board shall
993also make rules and regulations requiring that any person who has lawful control of improved or
994enclosed private property used as off-street parking areas where the public has a right of access
995as invitees or licensees, shall reserve parking spaces in said off-street parking areas for vehicles
996authorized to display handicapped plates or placards under section 2 of chapter 90; provided, that
997the parking requirements shall be consistent with the ADA Standards for Accessible Design. The
998parking spaces reserved for vehicles of such persons with a disability shall be clearly marked as
999such. The rules and regulations of the board shall establish standards and procedures designed to
1000make adaptable for persons with physical disabilities for any building, regardless of the date of
1001construction: (i) all dwelling units in multiple dwellings equipped with an elevator; (ii) all
1002ground floor dwelling units in multiple dwellings not equipped with an elevator; and (iii) all
1003public use and common use portions of such multiple dwellings; provided, however, that in any
1004building constructed before March 13, 1991, such standards and procedures for dwelling units
1005shall apply only to such units within: (i) any non-residential building undergoing a gut
1006rehabilitation as part of a change in use into a multiple dwelling facility; or (ii) any residential
1007building which is vacant undergoing a gut rehabilitation. The rules and regulations of the board
1008shall establish standards and procedures designed to make accessible to, functional for and safe
1009for use by persons with physical disabilities residential buildings whenever constructed and
1010without the restrictions in the above paragraph. Unless otherwise specified, 5 per cent of the
1011units in lodging or residential facilities for hire, rent or lease, containing 20 or more units, shall
1012meet this requirement; provided, however, that accessible units shall allow 5 feet of turning
1013radius for a wheelchair in the kitchens and bathrooms. In the event that the board determines that 46 of 177
1014the need, in certain areas of the commonwealth, for such units either exceeds or does not require
1015said 5 per cent, the board may require that, in said areas a percentage of units less than 5 per cent
1016or not greater than 10 per cent be accessible and safe for persons with disabilities; provided,
1017however, that said accessible units shall allow 5 feet of turning radius for a wheelchair in the
1018kitchens and bathrooms. The board may make such determination only if there is sufficient
1019factual basis, using data from the central registry of the Massachusetts rehabilitation commission,
1020established in section 74 of chapter 6, and other sources, to establish with a reasonable degree of
1021certainty the present and future needs for said accessible units in certain areas of the
1022commonwealth. A percentage of less than 5 per cent shall not be established unless such
1023accessible units, which are not needed by persons with disabilities cannot be readily hired, rented
1024or leased to other persons. The rules and regulations of the board shall include, but not be limited
1025to, detailed architectural standards further defining adaptable and accessible dwelling units and
1026such other provisions necessary to provide rights and remedies substantially equivalent to or
1027greater than the rights and remedies provided by the federal Fair Housing Act, the ADA
1028Standards for Accessible Design and regulations thereunder as pertaining to such multiple
1029dwellings.
1030 SECTION 3B. Said section 13A of said chapter 22 is hereby further amended by
1031inserting after the word “buildings”, in line 67, as appearing in the 2022 Official Edition, the
1032following words:- and facilities.
1033 SECTION 3C. Said section 13A of said chapter 22 is hereby further amended by
1034inserting after the word “section”, in line 75, as so appearing, the following words:- and
1035facilities. 47 of 177
1036 SECTION 3D. Said section 13A of said chapter 22 is hereby further amended by striking
1037out, in lines 80 and 81, as so appearing, the words “handicapped persons,” and inserting in place
1038thereof the following words:- persons with a disability.
1039 SECTION 3E. Said section 13A of said chapter 22 is hereby further amended by striking
1040out, in lines 88 and 89, as so appearing, the word “newspaper” and inserting in place thereof the
1041following words:- forms of.
1042 SECTION 3F. Said section 13A of said chapter 22 is hereby further amended by inserting
1043after the word “building”, in line 93, as so appearing, the following words:- or facility, including
1044areas not generally in public use,.
1045 SECTION 3G. Said section 13A of said chapter 22 is hereby further amended by striking
1046out the words “building be changed to a”, in line 94, as so appearing, and inserting in place
1047thereof the following words:- building or facility be changed to a residential use or a.
1048 SECTION 3H. Said section 13A of said chapter 22 is hereby further amended by
1049inserting after the word “building”, in lines 95 and 96, as so appearing, in each instance, the
1050following words:- or facility.
1051 SECTION 3I. Said section 13A of said chapter 22 is hereby further amended by striking
1052out, in lines 102 and 103, as so appearing, the words “physically handicapped persons” and
1053inserting in place thereof the following words:- persons with a disability.
1054 SECTION 3J. Said section 13A of said chapter 22, as so appearing, is hereby further
1055amended by striking out the eighth paragraph. 48 of 177
1056 SECTION 3K. Said section 13A of said chapter 22 is hereby further amended by striking
1057out, in lines 131 and 132, as so appearing, the word “person” and inserting in place thereof the
1058following words:- building or facility, or portion thereof,.
1059 SECTION 3L. Said section 13A of said chapter 22 is hereby further amended by
1060inserting after the word “building”, in line 150, as so appearing, the second time it appears, the
1061following words:- or facility.
1062 SECTION 3M. Said section 13A of said chapter 22 is hereby further amended by
1063inserting after the word “building”, in line 166, as so appearing, the following word:- , facility.
1064 SECTION 3N. Said section 13A of said chapter 22 is hereby further amended by striking
1065out, in lines 177, 179 and 187, as so appearing, in each instance, the words “physically
1066handicapped persons” and inserting in place thereof, in each instance, the following words:-
1067persons with a disability.
1068 SECTION 3O. The fourteenth paragraph of said section 13A of said chapter 22, as so
1069appearing, is hereby amended by inserting after the definition of “Alteration”, the following
1070definition:-
1071 “Areas that are not generally in public use”, areas not intended for use by the public, as
1072designated in the 1991 and 2010 ADA Standards for Accessible Design, and employee work
1073areas.
1074 SECTION 3P. Said fourteenth paragraph of said section 13A of said chapter 22, as so
1075appearing, is hereby further amended by inserting after the definition of “Construction” the
1076following 3 definitions:- 49 of 177
1077 “Employee work area”, all or any portion of a space used only by employees and used
1078only for work, including, but not limited to, corridors, toilet rooms, kitchenettes and break rooms
1079if said areas constitute the path of travel to or are essential to the use of employees for work;
1080provided, that all employee work areas shall be made accessible in new construction or where
1081renovation work being performed is otherwise subject to the jurisdiction of the board. Corridors,
1082toilet rooms, kitchenettes and break rooms shall not otherwise be considered employee work
1083areas; provided, however, that where corridors, toilet rooms, kitchenettes and break rooms
1084constitute the path of travel to or are essential to the use of employees for work, they shall be,
1085when possible, adaptable.
1086 “Facility”, all or any portion of a building, structure, site improvement, complex,
1087equipment, road, walk, passageway, parking lot or other real or personal property, including the
1088site where the building, property, structure or equipment is located.
1089 “Gut rehabilitation”, the general replacement of the interior of a building that may or may
1090not include changes to structural elements such as flooring systems, columns or load bearing
1091interior or exterior walls.
1092 SECTION 3Q. Said section 13A of said chapter 22 is hereby further amended by striking
1093out, in line 200, as so appearing, the words “Physically handicapped person” and inserting in
1094place thereof the following words:- Person with a disability.
1095 SECTION 3R. Said section 13A of said chapter 22 is hereby further amended by striking
1096out, in line 204, as so appearing, the words “Physically handicapped persons” and inserting in
1097place thereof the following words:- A person with a disability. 50 of 177
1098 SECTION 3S. Said section 13A of said chapter 22 is hereby further amended by striking
1099out the definition of “Public building”, in lines 209 through 226, inclusive, as so appearing, and
1100inserting in place thereof the following definition:-
1101 “Public building”, (i) a building constructed by the commonwealth or any political
1102subdivision thereof with public funds and open to public use, including, but not limited to, a
1103building constructed by a public housing authority, the Massachusetts Port Authority, the
1104Massachusetts Parking Authority, the Massachusetts Department of Transportation, the
1105Massachusetts Bay Transportation Authority or a building authority of any public educational
1106institution, or their successors; or (ii) a privately financed building that is open to and used by the
1107public, including, but not limited to, places of public accommodation listed in section 92A of
1108chapter 272 and 42 U.S.C. section 12181(7).
1109 SECTION 3T. Subsection (b) of section 1 of chapter 23B of the General Laws, as
1110amended by section 102 of chapter 7 of the acts of 2023, is hereby further amended by inserting
1111after clause (xvii) the following clause:-
1112 (xviii) Develop and implement, not less than once every 5 years, a written comprehensive
1113housing plan for the commonwealth. Such plan shall include, but shall not be limited to, housing
1114supply and demand data, affordability and affordability gaps, identification of housing
1115affordability challenges and needs by region and strategies to address such housing needs.
1116 SECTION 4. Section 27½ of said chapter 23B, inserted by section 117 of said chapter 7,
1117is hereby amended by striking out subsections (a) and (b) and inserting in place thereof the
1118following 2 subsections:- 51 of 177
1119 (a) There shall be in the executive office of housing and livable communities a
1120HousingWorks infrastructure program to: (i) issue infrastructure grants that support housing to
1121municipalities and other public entities for design, construction, building, rehabilitation, repair
1122and other improvements to infrastructure that support the objectives of the secretariat, including,
1123but not limited to, sewers, utility extensions, streets, roads, curb-cuts, parking, water treatment
1124systems, telecommunications systems, transit improvements, public parks and spaces that
1125support planned or proposed housing improvements and pedestrian and bicycle ways; or (ii)
1126assist municipalities to advance projects that support housing development, preservation or
1127rehabilitation. Preference for grants or assistance under this section shall be given to: (A)
1128infrastructure serving locations within 0.5 miles of a transit station or transit route; (B) other
1129eligible locations as defined in section 1A of chapter 40A; (C) multi-family zoning districts that
1130comply with section 3A of said chapter 40A; and (D) projects that support housing in rural and
1131small towns, as defined by the executive office.
1132 (b) A project that uses grants to municipalities for public infrastructure provided by this
1133section shall be procured by a municipality in accordance with chapter 7, section 39M of chapter
113430, chapter 30B and chapter 149.
1135 SECTION 5. Said chapter 23B is hereby further amended by adding the following 7
1136sections:-
1137 Section 31. (a) There shall be within the executive office of housing and livable
1138communities an office of fair housing. The secretary of housing and livable communities shall
1139appoint a director of the office who shall serve at the pleasure of the secretary.
1140 (b) The office shall: 52 of 177
1141 (i) collaborate with state agencies on policies and strategies to: (A) advance the
1142elimination of housing discrimination and increase access to fair housing; (B) overcome patterns
1143of segregation; (C) foster inclusive communities without barriers that restrict access for
1144individuals or groups protected from unlawful practices pursuant to chapter 151B; and (D)
1145support enforcement of and compliance with all fair housing laws, including, but not limited to,
1146said chapter 151B and the federal Fair Housing Act, 42 U.S.C. 3601 et seq.;
1147 (ii) facilitate communication and partnership among state agencies and municipalities to
1148identify the intersections between activities of state agencies, activities of municipalities and fair
1149housing;
1150 (iii) facilitate the development of interagency initiatives to examine and address the social
1151and economic determinants of housing disparities, including, but not limited to: (A) equal access
1152to quality housing; (B) housing affordability; (C) access and proximity to multimodal
1153transportation options, including cost of such transportation; (D) air, water and land usage and
1154quality, including, but not limited to, consideration of environmental justice principles as defined
1155in section 62 of chapter 30; (E) employment and workforce development; (F) access to
1156healthcare; (G) access to and quality of education; and (H) language access; and
1157 (iv) administer the Fair Housing Fund established in section 2EEEEEE of chapter 29.
1158 (c)(1) Not less than every 5 years, the office shall prepare a report evaluating the progress
1159of the commonwealth toward eliminating housing discrimination and increasing access to fair
1160housing. The report shall comply with applicable federal requirements for analysis and reporting.
1161Where possible, the report shall include quantifiable measures and comparative benchmarks and 53 of 177
1162shall detail progress on a regional basis. The office shall hold public hearings in geographically
1163diverse regions of the commonwealth to gather public information on the topics of the report.
1164 (2) Annually, the office shall prepare a supplemental report describing the activities and
1165outcomes of the Fair Housing Fund established in section 2EEEEEE of chapter 29.
1166 (3) Reports pursuant to this subsection shall be filed with the clerks of the house of
1167representatives and senate and the chairs of the joint committee on housing not later than July 1
1168in the year in which each such report is due. Each report shall be posted publicly on the office’s
1169website.
1170 Section 32. (a) As used in this section and section 33, “seasonal communities” shall mean
1171cities or towns characterized by significant seasonal fluctuations in population and employment
1172related to seasonally-based tourism, based on criteria established by the rural and seasonal
1173communities coordinating council.
1174 (b) There shall be a rural and seasonal communities coordinating council established
1175within the executive office of housing and livable communities, which shall consist of the
1176following members: (i) the secretary, or a designee, who shall serve as chairperson; (ii) the
1177secretary of labor and workforce development, or a designee; (iii) 1 member appointed by the
1178secretary; and (iv) 6 members appointed by the governor, 1 of whom shall have expertise in
1179municipal government, 1 of whom shall have expertise in the tourism industry, 1 of whom shall
1180have expertise in the hospitality industry, 1 of whom shall have expertise in housing
1181development and finance, 1 of whom shall be a representative of the developer community and a
1182resident of a municipality designated as a seasonal community and 1 of whom shall be a licensed
1183real estate agent with the board of registration of real estate brokers and salespersons and a 54 of 177
1184resident of a municipality designated as a seasonal community; provided, that members
1185appointed by the governor shall reflect each of the following regions of the commonwealth:
1186western, northeastern, southeastern and the Cape and Islands. Each member appointed by the
1187governor shall serve at the pleasure of the governor. The council shall adopt by-laws to govern
1188its affairs.
1189 (c) The rural and seasonal communities coordinating council shall advise and make
1190recommendations to the executive office, including, but not limited to, regulatory
1191recommendations related to:
1192 (i) a process for the executive office to designate cities and towns as seasonal
1193communities;
1194 (ii) criteria for the executive office to designate cities and towns as seasonal communities,
1195including, but not limited to:
1196 (A) high rates of short-term rentals in relation to the overall housing inventory of the
1197municipality;
1198 (B) significant population increases in seasonal visitors;
1199 (C) a disparity between the area median income and the income required to purchase a
1200home in the municipality at the median home price of the municipality;
1201 (D) percentage of housing stock used for seasonal, occasional or recreational use, or that
1202is otherwise not used as the primary residence by the property owner; and
1203 (E) high variations in the average monthly variation of employment in the sector over the
1204full year in relation to the municipality’s minimum employment threshold; 55 of 177
1205 (iii) policies or programs to serve the distinct needs of seasonal communities, including,
1206but not limited to, access to specialized grant programs or special consideration under certain
1207state grant programs of general application; and
1208 (iv) best practices to incentivize the production of affordable year-round housing in
1209seasonal communities.
1210 (d) The rural and seasonal communities coordinating council may seek input from the
1211rural policy advisory commission established in section 55 of chapter 23A related to policies
1212pursuant to subsection (c) and shall review, on an as needed basis, the ongoing needs of
1213municipalities designated as seasonal communities.
1214 (e) Annually, not later than July 1, the rural and seasonal communities coordinating
1215council shall submit a report of any recommendations pursuant to subsection (c) to the executive
1216office, the clerks of the house of representatives and the senate and the joint committee on
1217housing.
1218 Section 33. (a) The executive office of housing and livable communities shall designate
1219cities and towns as seasonal communities consistent with the process and recommendations
1220established by the rural and seasonal communities coordinating council pursuant to section 32.
1221 (b) The executive office shall develop a form for applications and determine necessary
1222information to be submitted to municipalities by the owner of a dwelling qualifying for an
1223exemption pursuant to clause Fifty-ninth of section 5 of chapter 59.
1224 (c) The executive office shall promulgate regulations or guidance to carry out this
1225section. 56 of 177
1226 Section 34. (a) As used in this section and section 35, the following words shall, unless
1227the context clearly requires otherwise, have the following meanings:
1228 “Eligible applicant”, an owner of residential property in the commonwealth who, as
1229determined by the executive office of housing and livable communities: (i) is an owner-occupant,
1230small landlord or larger landlord; (ii) meets any income eligibility and other requirements of the
1231program established by the executive office; and (iii) owns a property with habitability concerns.
1232 “Existing home repair programs”, financial assistance administered by governmental,
1233quasi-governmental and nonprofit organizations, or the contractors and assignees of such
1234entities, that provide services to repair residential housing, including, but not limited to, mixed-
1235use projects that include residential housing.
1236 “Habitability concerns”, home repairs that are required to ensure residential units are: (i)
1237fit for human habitation; (ii) free from defective conditions and health and safety hazards,
1238including, but not limited to, asbestos, mold, pests and lead; and (iii) free of conditions
1239preventing installation of measures to improve energy or water efficiency, utilize renewable
1240energy or lower utility costs.
1241 “Larger landlord”, an individual who has title to more than 1 residential unit and who
1242does not meet the definition of owner-occupant or small landlord.
1243 “Low-income owner-occupant”, an owner-occupant with a household income of not
1244more than 80 per cent of the area median income.
1245 “Moderate-income owner-occupant”, an owner-occupant with a household income of at
1246least 80 per cent but not more than 135 per cent of the area median income. 57 of 177
1247 “Other eligible owner-occupant”, an owner-occupant who does not meet the definition of
1248a low-income owner-occupant or moderate-income owner-occupant and leases at least 1 other
1249residential unit in the building.
1250 “Owner-occupant”, an individual who has title to a residential building with at least 1 and
1251not more than 3 units and who resides in at least 1 of the units as their principal residence.
1252 “Small landlord”, an individual who has title to a building with no more than 3 residential
1253units and does not live in the building for at least 6 months of any year, or who has title to a
1254building with 4 or more residential units; provided that, such an individual shall have financial
1255interest in neither more than 3 buildings nor more than 15 residential units.
1256 (b) The executive office shall establish a Massachusetts healthy homes program and
1257make reasonable efforts to coordinate with other governmental, quasi-governmental and
1258nonprofit organizations administering programs that create a healthier environment for residents,
1259including, but not limited to, rehabilitating existing housing or making homes lead-safe. The
1260executive office may contract with other governmental, quasi-governmental and nonprofit
1261organizations to administer 1 or more of these programs to address habitability concerns.
1262 (c)(1) The executive office may make grants or loans available to eligible applicants to
1263ensure owner-occupied and rental units are free of habitability concerns.
1264 (2) Assistance in the form of grants and loans shall be provided to eligible applicants
1265consistent with the following requirements to ensure owner-occupied and rental units are free of
1266habitability concerns:
1267 (i) For low-income owner-occupants, the assistance shall be provided as a grant. 58 of 177
1268 (ii) For moderate-income owner-occupants, the assistance shall be provided as a 0 per
1269cent interest deferred payment loan with no repayment due until sale or refinancing of the
1270property. If the moderate-income owner-occupant continues to own the property for 3 years after
1271receiving the loan, the loan shall be forgiven.
1272 (iii) For small landlords and other eligible owner-occupants, but not including larger
1273landlords, the assistance shall be provided as a 0 per cent interest deferred payment loan with no
1274repayment due until sale or refinancing of the property. Small landlords or other eligible owner-
1275occupants, but not including larger landlords, may apply for loan forgiveness after 3 years
1276following receipt of the loan. The executive office shall forgive the loan if the executive office
1277determines that the small landlord or other eligible owner-occupant, but not including larger
1278landlords, has: (A) owned the property without interruption after having received the loan; (B)
1279addressed all habitability concerns in a timely fashion; (C) not evicted tenants, other than for
1280cause; and (D) kept rent increases to not more than 5 per cent per year in each of the past 3 years.
1281 (iv) For larger landlords, the assistance shall be provided as a below-market-rate loan
1282with an interest rate and repayment terms determined by the executive office. The executive
1283office shall provide the below-market-rate loan only to a larger landlord who executes an
1284agreement with the executive office that, for a term of 3 years, requires the landlord who owns
1285such property to: (A) maintain ownership of the property without interruption after having
1286received the loan; (B) address all habitability concerns in a timely fashion; (C) not evict tenants,
1287other than for cause; and (D) keep rent increases to not more than 5 per cent per year for each of
1288the 3 years. If a larger landlord does not comply with the requirements of the loan, the executive
1289office may require immediate repayment of the assistance. 59 of 177
1290 (d) The executive office, and any entity administering the Massachusetts healthy homes
1291program on the executive office’s behalf, shall administer the Massachusetts healthy homes
1292program consistent with guidelines and forms established by the executive office. The executive
1293office, and any other administering entity, shall strive to, in its administration of the program,
1294provide grants and loans to address habitability concerns and shall: (i) augment funds from other
1295home repair programs; (ii) increase retention in workforce development programs associated
1296with home repairs; (iii) provide technical assistance to address habitability concerns; and (iv)
1297support outreach, including, but not limited to, minimizing cultural, linguistic or other barriers
1298and maximizing access to program resources.
1299 (e)(1) Grants or loans from the Massachusetts healthy homes program shall not exceed
1300$50,000 per unit, unless the executive office waives this limit upon a determination of the
1301necessity of such waiver; provided, that the average amount of assistance shall not exceed
1302$50,000 per unit.
1303 (2) Not less than 50 per cent of any funds from the Massachusetts healthy homes program
1304shall be made to owners of buildings located in a gateway municipality as defined in section 3A
1305of chapter 23A.
1306 (f) Annually, not later than June 30, the executive office shall report on the Massachusetts
1307healthy homes program to the clerks of the house of representatives and the senate, the joint
1308committee on housing and the house and senate committees on ways and means. The report shall
1309include: (i) the number of projects completed through the Massachusetts healthy homes program
1310addressing habitability concerns; (ii) the locations of projects completed through the
1311Massachusetts healthy homes program throughout the commonwealth; (iii) the total amount of 60 of 177
1312grants or loans authorized; (iv) the number of projects using existing home repair programs; and
1313(v) the breakdown of landlord owned properties and owner-occupied properties with habitability
1314concerns addressed through the Massachusetts healthy homes program. The executive office
1315shall make the report publicly available on its website.
1316 (g) The executive office shall promulgate guidance or regulations necessary to carry out
1317this section.
1318 Section 35. (a) There shall be within the executive office of housing and livable
1319communities a Massachusetts healthy homes program fund. The fund shall be credited with: (i)
1320revenue from appropriations or other money authorized by the general court and specifically
1321designated to be credited to the fund; (ii) interest earned on such revenue; and (iii) funds from
1322public and private sources and other gifts, grants and donations to support the habitability
1323concerns, including, but not limited to, funds from governmental, quasi-governmental, nonprofit
1324organizations, for-profit organizations and individuals; provided, that any funds received from
1325private organizations and individuals shall be made without conditions and without recourse.
1326Amounts credited to the fund shall not be subject to further appropriation and any money
1327remaining in the fund at the end of a fiscal year shall not revert to the General Fund.
1328 (b) The executive office shall administer the fund consistent with the requirements of the
1329Massachusetts healthy homes program established in section 34.
1330 (c) Annually, not later than June 30, the executive office shall report on all expenditures
1331from the Massachusetts healthy homes program fund to the clerks of the house of representatives
1332and the senate, the joint committee on housing and the house and senate committees on ways and
1333means. The executive office shall make the report publicly available on its website. 61 of 177
1334 Section 36. (a) As used in this section, the following words shall, unless the context
1335clearly requires otherwise, have the following meanings:
1336 “Homeless”, a veteran: (i) who is undomiciled and unable to secure permanent and stable
1337housing without special assistance, including, but not limited to, a veteran who is inappropriately
1338housed in an institutional facility and can safely live in the community where services are
1339provided; (ii) in a transitional housing facility without permanent domicile; (iii) in the
1340community, released or discharged after incarceration and who is without permanent and stable
1341housing; or (iv) who is in danger of becoming homeless due to circumstances and criteria
1342established by the secretary, in consultation with the secretary of veterans’ services.
1343 “Qualified nonprofit organization”, a private nonprofit organization: (i) with
1344demonstrated success in developing or operating transitional and permanent housing programs
1345for veterans; and (ii) that is committed to ending veteran homelessness.
1346 (b) The secretary of housing and livable communities, in consultation with the secretary
1347of veterans’ services, shall establish a veterans supportive housing program to assist qualified
1348nonprofit organizations to develop and preserve supportive housing for eligible veterans. The
1349qualified nonprofit organization shall provide wrap around services to meet the needs of eligible
1350veterans.
1351 (c) Eligibility for supportive housing shall include:
1352 (i) veterans and their families, or individual veterans, who are homeless and have an
1353unmet housing need as determined by the secretary; and 62 of 177
1354 (ii) veterans who have 1 or more disabilities or other life challenges, including, but not
1355limited to: (A) serious mental illness; (B) substance use disorder; (C) living with HIV or AIDS,
1356or another chronic condition or affliction; (D) being a victim or survivor of domestic violence;
1357and (E) post-traumatic stress disorder.
1358 (d)(1) The secretary may contract with a qualified nonprofit organization to establish
1359veterans supportive housing pursuant to subsection (b) for a term of not more than 5 years and
1360may renew a contract with a qualified nonprofit organization for like terms in accordance with
1361the procedures established by the secretary, in consultation with the secretary of veterans’
1362services, for the development and preservation of supportive housing for veterans.
1363 (2) The secretary may award up to $20,000 per eligible veteran pursuant to subsection (c)
1364in a calendar year to a qualified nonprofit organization that enters into a contract pursuant to
1365paragraph (1).
1366 (3) The qualified nonprofit organization shall secure funding for the development and
1367preservation of any supportive housing project within 2 years from the date of the award. The
1368secretary shall establish procedures for the repayment of funds by qualified nonprofit
1369organizations that fail to secure funding within the 2-year period.
1370 (e) The secretary, in consultation with the secretary of veterans’ services, shall
1371promulgate rules or regulations for the administration of the veterans supportive housing
1372program.
1373 Section 37. (a) As used in this section, the following words shall, unless the context
1374clearly requires otherwise, have the following meanings: 63 of 177
1375 “Development cost”, an expenditure directly related to the construction or substantial
1376rehabilitation of a qualified conversion project, including, but not limited to, the cost of site
1377assessment and remediation of hazardous materials; provided, however, that development cost
1378shall not include the purchase of the property.
1379 “Executive office”, the executive office of housing and livable communities.
1380 “Market rate residential unit”, a residential unit priced consistently with prevailing rents
1381or sale prices in the municipality as determined by the executive office.
1382 “Qualified conversion project”, the rehabilitation of a commercial property, including,
1383but not limited to, commercial centers, office parks and commercial buildings located on main
1384streets or downtown municipal areas, for primary multi-unit residential use or mixed-use, which
1385may include retail or other commercial uses, that: (i) contains not less than 2 residential units;
1386provided, however, that the project may be a mixed-use development that includes commercial
1387uses in addition to residential units if the building is primarily residential; (ii) contains at least 80
1388per cent market rate residential units upon completion of the rehabilitation, to be sold or leased;
1389(iii) prior to conversion, such building was nonresidential real property, as defined in section 168
1390of the Internal Revenue Code, all or a portion of which was leased, or available for lease, to
1391office tenants; and (iv) such building was initially placed in service at least 5 years before the
1392beginning of the conversion.
1393 “Sponsors”, as defined in section 25 of chapter 23B.
1394 “Substantial rehabilitation” or “substantially rehabilitated”, the necessary major
1395redevelopment, repair and renovation of a property, including, but not limited to, site assessment 64 of 177
1396and remediation of hazardous materials, but excluding the purchase of the property, as
1397determined by the executive office.
1398 (b) The executive office shall establish a program for qualified conversion projects,
1399which shall be administered by the executive office. The purpose of the program shall be to
1400assist in the conversion of commercial properties into residential properties.
1401 (c)(1) The executive office may certify 1 or more housing development projects as a
1402qualified conversion project: (i) upon timely receipt of a project proposal requesting the
1403designation as a qualified conversion project from a sponsor; provided, that a project proposal
1404shall be submitted in a form and with information as determined by the executive office, and
1405shall be supported by independently verifiable information and signed under the penalties of
1406perjury; and (ii) if the executive office determines that the project, together with any municipal
1407resources committed to the project, shall have a reasonable chance of increasing residential
1408growth, diversity of housing supply, supporting economic development and promoting
1409neighborhood stabilization as advanced in the proposal as a qualified conversion project.
1410 (2) Prior to construction, the executive office shall certify that the proposed project meets
1411the definition of a qualified conversion project and the requirements pursuant to paragraph (1).
1412 (3) The executive office shall evaluate and either grant or deny certification of the
1413designation as a qualified conversion project to any project proposal not later than 90 days from
1414the date of its receipt of a complete project proposal. Approval of a project due to the executive
1415office’s failure to act within 90 days shall not constitute approval by the executive office of any
1416tax incentives provided under chapters 62 or 63. 65 of 177
1417 (4) The executive office may impose a fee for the processing of applications for the
1418certification of any project under this section.
1419 (5) Prior to construction, the executive office shall certify that all or a portion of the
1420qualified conversion project costs are for construction or substantial rehabilitation and shall
1421identify the development costs.
1422 (d) The executive office shall review each pending certified qualified conversion project,
1423not yet completed, not less than once every 2 years.
1424 (e) The executive office shall review each certified qualified conversion project upon
1425completion and certify that the project is consistent with the requirements of this section,
1426including the development cost and qualified conversion project requirements.
1427 (f)(1) The executive office may revoke certification of a project if the executive office
1428determines, after an independent investigation, that: (i) representations made by the sponsor in its
1429project proposal are materially different from the conduct of the sponsor subsequent to the
1430certification and such difference frustrates the public purposes that the certification was intended
1431to advance; or (ii) the project no longer meets the criteria of this section.
1432 (2) Upon revocation, the commonwealth may bring a cause of action against the sponsor
1433for the value of any economic benefit received by the sponsor prior to or subsequent to such
1434revocation.
1435 (3) A revocation shall take effect on the first day of the tax year in which the executive
1436office determines that a material breach commenced. 66 of 177
1437 (g) There shall be established a tax incentive program for certified qualified conversion
1438projects. After certification by the executive office upon the completion of the project, pursuant
1439to subsection (e), the executive office, in consultation with the commissioner of revenue, may
1440award a tax credit available under subsection (ee) of section 6 of chapter 62 or section 38OO of
1441chapter 63 of not more than 10 per cent of the development cost allocable to total units in a
1442project, as determined by the executive office, to the sponsor of a qualified conversion project.
1443The amount of the credit awarded shall be based on the following factors: (i) the need for
1444residential development and diversity of housing supply in the municipality; (ii) the extent to
1445which the certified qualified conversion project will encourage residential development,
1446expansion of diversity of housing supply, support neighborhood stabilization and promote
1447economic development in the zone; and (iii) the percentage of market rate residential units
1448contained in the certified qualified conversion project. The executive office may limit a credit
1449available to a certified qualified conversion project under subsection (ee) of section 6 of chapter
145062 and section 38OO of chapter 63 to a dollar amount or in any other manner deemed
1451appropriate by the executive office.
1452 (h) Annually, not later than December 1, the executive office shall file a report detailing
1453its findings of the review of all certified qualified conversion projects evaluated in the prior fiscal
1454year, including projects evaluated prior to construction, while the project is pending and upon
1455completion, to the commissioner of revenue, the joint committee on revenue and the joint
1456committee on housing. The report shall include, but shall not be limited to: (i) a list of qualified
1457conversion projects that received certification; (ii) information about each qualified conversion
1458project, including the site address, project sponsor, range of rents of the residential units, type of
1459residential units, number of each type of residential unit, number of affordable rental units for 67 of 177
1460persons whose income is not more than 60 per cent of the area median income and the number of
1461affordable owner-occupied units for persons whose income is not more than 80 per cent of the
1462area median income; and (iii) the total amount of development costs for which a tax credit was
1463issued or reserved pursuant to subsection (ee) of section 6 of chapter 62 or section 38OO of
1464chapter 63 for each certified qualified conversion project the year the credit was issued and the
1465completion or estimated completion year of the certified qualified conversion projects.
1466 (i) The executive office shall promulgate guidance or regulations for the administration of
1467this section.
1468 SECTION 6. Chapter 29 of the General Laws is hereby amended by inserting after
1469section 2DDDDDD, inserted by section 17 of chapter 28 of the acts of 2023, the following
1470section:-
1471 Section 2EEEEEE. (a) There shall be established and set up on the books of the
1472commonwealth a separate fund known as the Fair Housing Fund. There shall be credited to the
1473fund: (i) revenue from appropriations or other funds authorized by the general court and
1474specifically designated for the fund; (ii) any gifts, grants or private contributions; (iii) any
1475interest on the fund’s assets; and (iv) any other sources. Amounts credited to the fund shall be
1476expended without further appropriation. Any balance in the fund at the close of a fiscal year shall
1477be available for expenditure in subsequent fiscal years and shall not be transferred to any other
1478fund or revert to the General Fund; provided, that the comptroller shall report the amount
1479remaining in the fund at the end of each fiscal year to the house and senate committees on ways
1480and means. 68 of 177
1481 (b) The fund shall be administered by the office of fair housing established in section 31
1482of chapter 23B and funds shall be expended for the purpose of eliminating housing
1483discrimination. Activities eligible for assistance from the fund shall include, but shall not be
1484limited to: (i) private enforcement initiatives; (ii) education and outreach initiatives; (iii) fair
1485housing testing; (iv) lending discrimination; (v) affirmatively furthering fair housing; and (vi)
1486special projects.
1487 (c) Grantees eligible for assistance shall include, but shall not be limited to, fair housing
1488assistance programs and fair housing initiative programs, as defined by the United States
1489Department of Housing and Urban Development, any private, non-profit agency or any state-
1490funded public housing authority.
1491 SECTION 7. Section 1A of chapter 40A of the General Laws, as appearing in the 2022
1492Official Edition, is hereby amended by striking out the definition “Accessory dwelling unit” and
1493inserting in place thereof the following definition:-
1494 “Accessory dwelling unit”, a self-contained housing unit, inclusive of sleeping, cooking
1495and sanitary facilities on the same lot as a principal dwelling, subject to otherwise applicable
1496dimensional and parking requirements, that: (i) maintains a separate entrance, either directly
1497from the outside or through an entry hall or corridor shared with the principal dwelling sufficient
1498to meet the requirements of the state building code for safe egress; (ii) is not larger in gross floor
1499area than 1/2 the gross floor area of the principal dwelling or 900 square feet, whichever is
1500smaller; and (iii) is subject to such additional restrictions as may be imposed by a municipality,
1501including, but not limited to, additional size restrictions and restrictions or prohibitions on short-
1502term rental, as defined in section 1 of chapter 64G; provided, however, that no municipality shall 69 of 177
1503unreasonably restrict the creation or rental of an accessory dwelling unit that is not a short-term
1504rental.
1505 SECTION 8. Section 3 of said chapter 40A, as so appearing, is hereby amended by
1506adding the following paragraph:-
1507 No zoning ordinance or by-law shall prohibit, unreasonably restrict or require a special
1508permit or other discretionary zoning approval for the use of land or structures for a single
1509accessory dwelling unit, or the rental thereof, in a single-family residential zoning district;
1510provided, that the use of land or structures for such accessory dwelling unit under this paragraph
1511may be subject to reasonable regulations, including, but not limited to, 310 CMR 15.000 et seq.,
1512if applicable, site plan review, regulations concerning dimensional setbacks and the bulk and
1513height of structures and may be subject to restrictions and prohibitions on short-term rental, as
1514defined in section 1 of chapter 64G. The use of land or structures for an accessory dwelling unit
1515under this paragraph shall not require owner occupancy of either the accessory dwelling unit or
1516the principal dwelling; provided, that not more than 1 additional parking space shall be required
1517for an accessory dwelling unit; and provided further, that no additional parking space shall be
1518required for an accessory dwelling located not more than 0.5 miles from a commuter rail station,
1519subway station, ferry terminal or bus station. For more than 1 accessory dwelling unit, or rental
1520thereof, in a single-family residential zoning district there shall be a special permit for the use of
1521land or structures for an accessory dwelling unit. The executive office of housing and livable
1522communities may issue guidelines or promulgate regulations to administer this paragraph.
1523 SECTION 9. Section 3A of said chapter 40A is hereby amended by striking out the
1524words “section 27”, as appearing in section 152 of chapter 7 of the acts of 2023, and inserting in
1525place thereof the following words:- section 27½. 70 of 177
NO SECTION 10.
1526 SECTION 10A. Said chapter 40A is hereby further amended by adding the following
1527section:-
1528 Section 18. (a) Notwithstanding any general or special law to the contrary, a city or town
1529that permits or adopts inclusionary zoning, incentive zoning, a density bonus ordinance or by-
1530law pursuant to this chapter or a housing production plan submitted to the executive office of
1531housing and livable communities may enter into an agreement with a housing developer or
1532residential development owner to provide a preference for affordable housing to low- or
1533moderate-income veterans, as defined in clause Forty-third of section 7 of chapter 4. The
1534preference shall be for up to 10 per cent of the affordable units in a particular development.
1535 (b) The preference under this section shall be established in the applicant selection
1536process for available affordable units. Applicants who are veterans and who apply within 90 days
1537of the initial marketing period of the development shall receive preference for the rental of up to
153810 per cent of the affordable units. After the first 90 days of the initial marketing period, if any of
1539the units subject to the preference remain available, applicants from the general public shall be
1540considered for occupancy. Following the initial marketing period, qualified applicants who are
1541veterans shall be placed on a waiting list for the preference-occupied units for veterans and on
1542any general waiting list. The veterans on the preference-occupied waiting list shall be given
1543preference for affordable units, as the units become available, whenever the percentage of
1544preference-occupied units falls below 10 per cent.
1545 (c) Any agreement to provide affordable housing preferences for veterans pursuant to this
1546section shall not affect a municipality’s ability to receive credit for the unit for affordable 71 of 177
1547housing pursuant to chapter 40B or any other law. The agreement may be monitored by a third
1548party assigned by the municipality.
1549 (d) This section shall not require an increase in the existing amount of affordable units set
1550by the city or town.
1551 (e) The city or town may require proof of veteran status and income eligibility as the city
1552or town deems necessary.
1553 SECTION 11. Section 9 of chapter 40H of the General Laws, as appearing in the 2022
1554Official Edition, is hereby amended by striking out, in line 1, the words “section 16G” and
1555inserting in place thereof the following words:- section 16G½.
1556 SECTION 12. Said section 9 of said chapter 40H, as so appearing, is hereby further
1557amended by striking out, in line 2, the words “and section 56 of chapter 23A”.
1558 SECTION 13. Section 5 of chapter 59 of the General Laws, as so appearing, is hereby
1559amended by adding the following clause:-
1560 Fifty-ninth. A city or town designated by the executive office of housing and livable
1561communities as a seasonal community pursuant to sections 32 and 33 of chapter 23B may, by
1562vote of its town meeting, town council or city council, and with the approval of the mayor where
1563required by law, exempt from property taxation a dwelling unit that is rented annually for a term
1564of not less than 1 year and is occupied year round, in an amount not to exceed 150 per cent of the
1565fair market rent as established by the United States Department of Housing and Urban
1566Development for the applicable metropolitan statistical area. The owner of a dwelling qualifying
1567for the exemption under this clause shall submit to the municipality or its agent documentation 72 of 177
1568necessary to confirm the eligibility of the rental. The amount of the exemption shall be
1569determined by the municipality; provided, however, that the amount shall not exceed an amount
1570equal to the tax otherwise owed on the property based on the assessed value of the property,
1571including accessory dwelling units, multiplied by the square feet of the living space of all
1572dwelling units on the property that qualify under this clause, divided by the total square feet of
1573structures on the property. This clause shall take effect in a city or town upon its acceptance by
1574the city or town.
1575 SECTION 14. Section 6 of chapter 62 of the General Laws, as most recently amended by
1576section 5 of chapter 88 of the acts of 2024, is hereby further amended by adding the following
1577subsection:-
1578 (ee)(1) As used in this subsection, the following words shall, unless the context clearly
1579requires otherwise, have the following meanings:
1580 “Development cost”, as defined in section 37 of chapter 23B.
1581 “Executive office”, the executive office of housing and livable communities, established
1582pursuant to chapter 23B.
1583 “Qualified conversion project”, as defined in section 37 of chapter 23B.
1584 “Sponsors”, as defined in section 25 of chapter 23B.
1585 (2) A credit shall be allowed against the tax liability imposed by this chapter, to the
1586extent authorized by the executive office, in consultation with the commissioner, for a qualified
1587conversion project that has been completed and certified by the executive office pursuant to
1588section 37 of chapter 23B. The credit shall be equal to an amount not more than 10 per cent of 73 of 177
1589the qualified conversion project development costs. The credit shall be allowed for the taxable
1590year in which the executive office provides the commissioner written notification of completion
1591of the certified qualified conversion project. For any certified qualified conversion project,
1592development costs applicable to this credit shall be treated for purposes of this subsection as
1593made on the date that the executive office provides the commissioner written notification of
1594completion of the certified qualified conversion project and any data related to the development
1595costs.
1596 (3) A taxpayer eligible for the credit may, with prior notice to the commissioner, transfer
1597the credit, in whole or in part, to any individual or entity with tax labilities under this chapter or
1598chapter 63, and the transferee shall be entitled to apply the credit against the tax liability with the
1599same effect as if the transferee had incurred the development costs itself. Any amount of the tax
1600credit that exceeds the tax due for a taxable year may be carried forward by the transferee, buyer
1601or assignee in subsequent taxable years from which a certificate is initially issued by the
1602executive office; provided, however, that in no event shall the transferee apply the credit to the
1603tax due for any taxable year beginning more than 10 years after the taxable year in which the
1604executive office provides the commissioner written notification of completion of the certified
1605qualified conversion project.
1606 (4) If the credit allowable for any taxable year exceeds the taxpayer’s tax liability for that
1607tax year, the taxpayer may carry forward and apply in any subsequent taxable year, the portion,
1608as reduced from year to year, of the credit which exceed the tax for the taxable year; provided,
1609however, that in no event shall the taxpayer apply the credit to the tax due for any taxable year
1610beginning more than 10 years after the taxable year in which the executive office provides the
1611commissioner written notification of completion of the certified qualified conversion project. 74 of 177
1612 (5) The commissioner may, as of the effective date of a revocation pursuant to subsection
1613(f) of section 37 of chapter 23B, disallow any credits allowed under this section.
1614 (6) The commissioner, in consultation with the executive office, may adopt regulations
1615necessary to carry out this subsection, including regulations to recapture the value of any tax
1616credits allowed under this subsection.
1617 SECTION 14A. Section 6J of said chapter 62, as appearing in the 2022 Official Edition,
1618is hereby amended by striking out, in line 39, the figure “2027” and inserting in place thereof the
1619following figure:- 2030.
1620 SECTION 14B. Said section 6J of said chapter 62, as so appearing, is hereby further
1621amended by striking out, in line 41, the figure “$55,000,000” and inserting in place thereof the
1622following figure:- $110,000,000.
1623 SECTION 15. Section 6M of said chapter 62, as so appearing, is hereby amended by
1624striking out, in lines 226 and 227, the words “$12,000,000 in each of taxable years 2023 to 2025,
1625inclusive” and inserting in place thereof the following words:- $15,000,000 in taxable years
1626beginning on or after January 1, 2025.
1627 SECTION 16. Said chapter 62 is hereby further amended by inserting after section 6N
1628the following section:-
1629 Section 6O. (a) For the purposes of this section, unless the context clearly requires
1630otherwise, the following words shall have the following meanings: 75 of 177
1631 “Affordability period”, the 10-year period that commences on the date of the initial sale
1632of a single-family dwelling constructed as part of a qualified homeownership development
1633project.
1634 “Affordability restriction”, a restriction in form and substance approved by the director
1635and the secretary, imposing resale restrictions on a single-family dwelling constructed as part of
1636a qualified homeownership development project during the affordability period.
1637 “Commissioner”, the commissioner of revenue.
1638 “Credit amount”, the amount computed by the director pursuant to subsection (d) before
1639issuing an eligibility certificate.
1640 “Credit award amount”, the amount determined by the director and stipulated in the
1641notice sent pursuant to paragraph (2) of subsection (c).
1642 “Director”, the executive director of the Massachusetts Housing Finance Agency,
1643established pursuant to chapter 708 of the acts of 1966.
1644 “Eligibility certificate”, a certificate issued to a sponsor pursuant to subsection (d).
1645 “Eligible location”, a geographic area in which a qualified homeownership development
1646project may be located, based on criteria established in the qualified homeownership allocation
1647plan.
1648 “Maximum credit amount”, the amount equal to 35 per cent of the lesser of: (i) the total
1649qualified project expenditures calculated on a per single-family dwelling basis; or (ii) 80 per cent
1650of the area median new single-family dwelling sales price, subject to such further limitations as
1651may be established under the qualified homeownership credit allocation plan. 76 of 177
1652 “Project development team”, the group of entities that develops, constructs, reports,
1653appraises, finances and services the associated properties of a qualified homeownership
1654development project in partnership with the project development owner.
1655 “Qualified buyer”, an individual that is a first-time homebuyer with an annual income not
1656exceeding 120 per cent of the area median income, as determined by the United States
1657Department of Housing and Urban Development, for the location in which the single-family
1658dwelling being purchased is located, and who satisfies any additional qualifications established
1659by the director under the qualified homeownership credit allocation plan.
1660 “Qualified homeownership credit allocation plan”, a plan adopted by the director with the
1661approval of the secretary establishing: (i) criteria and metrics under which homeownership
1662development projects shall be assessed for qualification and the geographic areas in which
1663qualified homeownership development projects may be located; (ii) criteria for approving and
1664ranking applications for credits; (iii) a methodology to determine applicable median new single-
1665family dwelling sales prices for the area in which the project is located; (iv) mechanisms to
1666maintain affordability of each single-family dwelling that is created as part of a qualified
1667homeownership development project and restricted for sale to qualified buyers, throughout the
1668affordability period; (v) criteria to be used in determining qualification as a qualified buyer; (vi)
1669criteria governing the purchase, ownership and sale of completed qualified homeownership
1670development project single-family dwellings; and (vii) the manner of determining qualified
1671project expenditures.
1672 “Qualified homeownership development project”, a project to develop for sale single-
1673family dwellings in the commonwealth that satisfies any qualifications established by the 77 of 177
1674director with the approval of the secretary in the qualified homeownership credit allocation plan;
1675provided, that the proposed project shall: (i) involve the new construction of not less than 10
1676single-family dwellings; (ii) be located in an eligible location; and (iii) result in not less than 20
1677per cent of the single-family dwellings being sold to qualified buyers, subject to an affordability
1678restriction in accordance with the qualified homeownership credit allocation plan.
1679 “Qualified project expenditure”, an expenditure directly related to the construction of a
1680qualified homeownership development project, including, but not limited to, the cost of
1681acquiring land, site assessment and remediation of hazardous materials and as further provided in
1682the qualified homeownership credit allocation plan; provided, however, that: (i) the director has
1683certified that the proposed project meets the definition of a qualified homeownership
1684development project; (ii) prior to construction, the director has certified that all or a portion of
1685the project costs are for new construction; and (iii) after the construction of the project has been
1686completed, the director has certified that the project has been completed in compliance with this
1687section and the requirements and conditions of any prior certifications.
1688 “Secretary”, the secretary of housing and livable communities.
1689 “Single-family dwelling”, (i) a residential property containing not more than 4 residential
1690units; provided, that all units shall comprise a single property, to be sold to and owned by a
1691single homeowner; or (ii) a condominium unit in a professionally managed condominium
1692development.
1693 “Sponsor”, a sponsor, as defined in section 25 of chapter 23B, of a qualified
1694homeownership development project or owner of a qualified homeownership development
1695project. 78 of 177
1696 “Taxpayer”, a taxpayer subject to the income tax under this chapter.
1697 (b)(1) There shall be a Massachusetts homeownership tax credit. The director, in
1698consultation with the secretary, may authorize annually under this section and section 38PP of
1699chapter 63 a total sum not exceeding: (i) $10,000,000; (ii) the amount, if any, not authorized in
1700the preceding taxable year; and (iii) any Massachusetts homeownership tax credits returned to
1701the director by a sponsor.
1702 (2) A taxpayer may be allowed a nonrefundable tax credit with respect to a qualified
1703homeownership development project under this section equal to the credit amount listed on the
1704eligibility certificate pursuant to subsection (d). If the credit allowable for any taxable year is
1705unused by the taxpayer or exceeds the taxpayer’s tax liability under this chapter for the taxable
1706year, the taxpayer may carry forward and apply in any subsequent taxable year, the portion, as
1707reduced from year to year, of the credit which exceeds the tax for the taxable year; provided,
1708however, that in no event shall the taxpayer apply the credit to the tax due for any taxable year
1709beginning after the affordability period.
1710 (3) To be eligible to receive a credit pursuant to this section, a sponsor shall submit an
1711application to the director on a form and in a manner prescribed by the director, in consultation
1712with the secretary; provided, that said application shall include, but shall not be limited to: (i) the
1713name and address of the sponsor; (ii) the names and addresses of all members of the project
1714development team; (iii) an estimate of the total qualified project expenditures; and (iv) any other
1715information as the director, in consultation with the secretary, may require pursuant to the
1716qualified homeownership credit allocation plan. 79 of 177
1717 (c)(1) The director, in consultation with the secretary, shall competitively evaluate and
1718approve applications and award tax credits under this section for a qualified homeownership
1719development project in accordance with the qualified homeownership credit allocation plan. The
1720director, in consultation with the secretary, shall determine the credit amount awarded for each
1721qualified homeownership development project, which shall not exceed the maximum credit
1722amount.
1723 (2) The director shall send written notice of the tax credit award to the sponsor of a
1724qualified homeownership development project. The notice shall stipulate that receipt of the tax
1725credit is contingent upon the sale of all single-family dwellings that are required to be sold to
1726qualified buyers and issuance of an eligibility certificate.
1727 (d)(1) Upon completion of a qualified homeownership development project for which a
1728tax credit was awarded under this section and the sale of all single-family dwellings that are
1729required to be sold to qualified buyers, the sponsor shall provide the director a final qualified
1730project expenditures certification for approval. Immediately after approving the final cost
1731certification, the director shall compute the credit amount and issue an eligibility certificate to
1732the project development owner. The credit amount, which shall be stated on the certificate, shall
1733equal the credit award amount stated in the notice issued under paragraph (2) of subsection (c),
1734subject to any reduction or increase as the result of the approval of the final qualified project
1735expenditures certification; provided, that such amount shall not exceed the maximum credit
1736amount.
1737 (2) Each eligibility certificate shall state the credit amount, the years that comprise the
1738affordability period, the name, address and taxpayer identification number of the sponsor and all 80 of 177
1739members of the project development team, the date the certificate is issued, a unique identifying
1740number and any additional information the director, in consultation with the secretary and the
1741commissioner, may require. The director shall certify a copy of each eligibility certificate to the
1742secretary and the commissioner.
1743 (e)(1) The sponsor shall maintain ownership of a qualified homeownership development
1744project and all single-family dwellings that are required to be sold to qualified buyers until such
1745dwellings are sold to qualified buyers.
1746 (2) The qualified buyer of a single-family dwelling constructed as part of a qualified
1747homeownership development project for which a tax credit was issued under this section shall
1748occupy such single-family dwelling as the qualified buyer’s primary residence during the
1749affordability period; provided, that a qualified buyer of a single-family dwelling that includes
1750more than 1 residential unit need only occupy a single residential unit within the single-family
1751dwelling as the qualified buyer’s primary residence during the affordability period and may lease
1752any additional units to third-party lessees.
1753 (3) If a single-family dwelling constructed as part of a qualified homeownership
1754development project is sold during the affordability period, the seller shall transfer to the director
1755an amount equal to 90 per cent of the gain from such resale, reduced by 10 per cent for each year
1756of the affordability period which ends before the date of such sale, subject to such additional
1757criteria as may be established under the qualified homeownership credit allocation plan. The
1758director shall use any amount received pursuant to a repayment under this paragraph for the
1759purpose of providing financial assistance to first-time homebuyers and offsetting the costs of
1760administering this section. The director may place a lien on each single-family dwelling 81 of 177
1761constructed as part of a qualified homeownership development project for an amount it deems
1762necessary to ensure potential repayment pursuant to this paragraph.
1763 (4) During the affordability period, a qualified buyer of a single-family dwelling that
1764includes more than 1 residential unit shall not separate the ownership of individual residential
1765units within the single-family dwelling.
1766 (f)(1) All or any portion of a tax credit issued in accordance with this section may be
1767transferred, sold or assigned to any individual or entity and the transferee shall be entitled to
1768claim the credit pursuant to paragraph (2) of subsection (b) with the same effect as if the
1769transferee had incurred the qualified project expenditures itself.
1770 (2) A sponsor or transferee desiring to make a transfer, sale or assignment as described in
1771paragraph (1) shall submit to the commissioner a statement that describes the amount of the tax
1772credit for which such transfer, sale or assignment of the tax credit is eligible. The sponsor shall
1773provide to the commissioner appropriate information for proper allocation of the tax credit.
1774 (3) If the recapture of a tax credit is required pursuant to subsection (g), any statement
1775submitted to the commissioner pursuant to paragraph (2) shall include the proportion of the tax
1776credit required to be recaptured, the identity of each transferee subject to recapture and the
1777amount of the tax credit previously transferred to such transferee.
1778 (g) The director, in consultation with the secretary, shall determine whether a sponsor or
1779qualified homeownership development project: (i) does not qualify for the credit; (ii) ceases to
1780qualify for the credit; or (iii) did not qualify for the credit at the time the credit was claimed.
1781Notwithstanding the time limitations on assessments pursuant to chapter 62C, the commissioner
1782shall determine the taxpayer or taxpayers that claimed the credit, the tax against which the credit 82 of 177
1783was claimed and the amount to be recaptured and shall make an assessment against the taxpayer
1784or taxpayers for the amount to be recaptured under this section.
1785 (h) The director may assess application, processing and reporting fees to cover the cost of
1786administering this section.
1787 (i) The credit under this section shall be attributed on a pro rata basis to the owners,
1788partners or members of the legal entity entitled to the credit under this section and shall be
1789allowed as a credit against the tax due under this chapter from such owners, partners or members
1790in a manner determined by the commissioner.
1791 (j) The secretary, in consultation with the commissioner and director, shall adopt any
1792rules and promulgate any regulations necessary to administer this section.
1793 SECTION 17. Subsection (b) of section 6O of said chapter 62, inserted by section 16, is
1794hereby amended by striking out paragraph (1) and inserting in place thereof the following
1795paragraph:-
1796 (1) There shall be a Massachusetts homeownership tax credit. The director, in
1797consultation with the secretary, may authorize annually under this section and section 38PP of
1798chapter 63 a total sum not exceeding: (i) the amount, if any, not authorized in the preceding
1799taxable year; and (ii) any Massachusetts homeownership tax credits returned to the director by a
1800sponsor.
1801 SECTION 17A. Section 38R of chapter 63 of the General Laws, as appearing in the 2022
1802Official Edition, is hereby amended by striking out, in line 38, the figure “2027” and inserting in
1803place thereof the following figure:- 2030. 83 of 177
1804 SECTION 17B. Said section 38R of said chapter 63, as so appearing, is hereby further
1805amended by striking out, in line 40, the figure “$55,000,000” and inserting in place thereof the
1806following figure:- $110,000,000.
1807 SECTION 18. Section 38EE of said chapter 63, as so appearing, is hereby amended by
1808striking out, in lines 213 and 214, the words “$12,000,000 in each of taxable years 2023 to 2025,
1809inclusive” and inserting in place thereof the following words:- $15,000,000 in taxable years
1810beginning on or after January 1, 2025.
1811 SECTION 19. Said chapter 63 is hereby further amended by inserting after section
181238NN, inserted by section 7 of chapter 88 of the acts of 2024, the following 2 sections:-
1813 Section 38OO. (a) As used in this section, the following words shall, unless the context
1814clearly requires otherwise, have the following meanings:
1815 “Development cost”, as defined in section 37 of chapter 23B.
1816 “Executive office”, the executive office of housing and livable communities, established
1817pursuant to chapter 23B.
1818 “Qualified conversion project”, as defined in section 37 of chapter 23B.
1819 “Sponsors”, as defined in section 25 of chapter 23B.
1820 (b) A credit shall be allowed against the tax liability imposed by this chapter, to the
1821extent authorized by the executive office, in consultation with the commissioner, for a qualified
1822conversion project that has been completed and certified by the executive office pursuant to
1823section 37 of chapter 23B. The credit shall be equal to an amount not more than 10 per cent of
1824the qualified conversion project development costs. The credit shall be allowed for the taxable 84 of 177
1825year in which the executive office provides the commissioner written notification of completion
1826of the certified qualified conversion project. For any certified qualified conversion project,
1827development costs applicable to this credit shall be treated for purposes of this section as made
1828on the date that the executive office provides the commissioner written notification of
1829completion of the certified qualified conversion project and any data related to the development
1830costs.
1831 (c) A taxpayer eligible for the credit may, with prior notice to the commissioner, transfer
1832the credit, in whole or in part, to any individual or entity with tax labilities under this chapter or
1833chapter 62, and the transferee shall be entitled to apply the credit against the tax with the same
1834effect as if the transferee had incurred the development costs itself. If the sponsor of the certified
1835housing development qualified conversion project is a partnership or a limited liability company
1836taxed as a partnership, the credit, if transferred, must be transferred by the partnership or the
1837limited liability company. If the credit allowed to a partnership, a limited liability company taxed
1838as a partnership or multiple owners of property are not transferred they shall be passed through to
1839the persons designated as partners, members or owners, respectively, pro rata or pursuant to an
1840executed agreement among the persons designated as partners, members or owners documenting
1841an alternative distribution method without regard to their sharing of other tax or economic
1842attributes of the entity. Credits passed through to individual partners and members shall not be
1843transferable. Any amount of the tax credit that exceeds the tax due for a taxable year may be
1844carried forward by the transferee, buyer or assignee subsequent taxable years from which a
1845certificate is initially issued by the executive office; provided, however, that in no event shall the
1846transferee apply the credit to the tax due for any taxable year beginning more than 10 years after 85 of 177
1847the taxable year in which the executive office provides the commissioner written notification of
1848completion of the certified qualified conversion project.
1849 (d) If the credit allowable for any taxable year exceeds the taxpayer’s tax liability for that
1850tax year, the taxpayer may carry forward and apply in any subsequent taxable year, the portion,
1851as reduced from year to year, of the credit which exceed the tax for the taxable year; provided,
1852however, that in no event shall the taxpayer apply the credit to the tax due for any taxable year
1853beginning more than 10 years after the taxable year in which the executive office provides the
1854commissioner written notification of completion of the certified qualified conversion project.
1855 (e) The commissioner of revenue may, as of the effective date of a revocation pursuant to
1856subsection (f) of section 37 of chapter 23B, disallow any credits allowed under this section.
1857 (f) The commissioner, in consultation with the executive office, may adopt regulations
1858necessary to carry out this section, including regulations to recapture the value of any tax credits
1859allowed under this section.
1860 Section 38PP. (a) For the purposes of this section, unless the context clearly requires
1861otherwise, the following words shall have the following meanings:
1862 “Affordability period”, the 10-year period that commences on the date of the initial sale
1863of a single-family dwelling constructed as part of a qualified homeownership development
1864project.
1865 “Affordability restriction”, a restriction in form and substance approved by the director
1866and the secretary, imposing resale restrictions on a single-family dwelling constructed as part of
1867a qualified homeownership development project during the affordability period. 86 of 177
1868 “Commissioner”, the commissioner of revenue.
1869 “Credit amount”, the amount computed by the director pursuant to subsection (d) before
1870issuing an eligibility certificate.
1871 “Credit award amount”, the amount determined by the director and stipulated in the
1872notice sent pursuant to paragraph (2) of subsection (c).
1873 “Director”, the executive director of the Massachusetts Housing Finance Agency,
1874established pursuant to chapter 708 of the acts of 1966.
1875 “Eligibility certificate”, a certificate issued to a sponsor pursuant to subsection (d).
1876 “Eligible location”, a geographic area in which a qualified homeownership development
1877project may be located, based on criteria established in the qualified homeownership allocation
1878plan.
1879 “Maximum credit amount”, the amount equal to 35 per cent of the lesser of: (i) the total
1880qualified project expenditures calculated on a per single-family dwelling basis; or (ii) 80 per cent
1881of the area median new single-family dwelling sales price, subject to such further limitations as
1882may be established under the qualified homeownership credit allocation plan.
1883 “Project development team”, the group of entities that develops, constructs, reports,
1884appraises, finances and services the associated properties of a qualified homeownership
1885development project in partnership with the project development owner.
1886 “Qualified buyer”, an individual that is a first-time homebuyer with an annual income not
1887exceeding 120 per cent of the area median income, as determined by the United States
1888Department of Housing and Urban Development, for the location in which the single-family 87 of 177
1889dwelling being purchased is located, and who satisfies any additional qualifications established
1890by the director under the qualified homeownership credit allocation plan.
1891 “Qualified homeownership credit allocation plan”, a plan adopted by the director with the
1892approval of the secretary, establishing: (i) criteria and metrics under which homeownership
1893development projects shall be assessed for qualification and the geographic areas in which
1894qualified homeownership development projects may be located; (ii) criteria for approving and
1895ranking applications for credits; (iii) a methodology to determine applicable median new single-
1896family dwelling sales prices for the area in which the project is located; (iv) mechanisms to
1897maintain affordability of each single-family dwelling that is created as part of a qualified
1898homeownership development project and restricted for sale to qualified buyers, throughout the
1899affordability period; (v) criteria to be used in determining qualification as a qualified buyer; (vi)
1900criteria governing the purchase, ownership and sale of completed qualified homeownership
1901development project single-family dwellings; and (vii) the manner of determining qualified
1902project expenditures.
1903 “Qualified homeownership development project”, a project to develop for sale single-
1904family dwellings in the commonwealth that satisfies any qualifications established by the
1905director with the approval of the secretary in the qualified homeownership credit allocation plan;
1906provided, that the proposed project shall: (i) involve the new construction of not less than 10
1907single-family dwellings; (ii) be located in an eligible location; and (iii) result in not less than 20
1908per cent of the single-family dwellings being sold to qualified buyers, subject to an affordability
1909restriction in accordance with the qualified homeownership credit allocation plan. 88 of 177
1910 “Qualified project expenditure”, an expenditure directly related to the construction of a
1911qualified homeownership development project, including, but not limited to, the cost of
1912acquiring land, site assessment and remediation of hazardous materials and as further provided in
1913the qualified homeownership credit allocation plan; provided, however, that: (i) the director has
1914certified that the proposed project meets the definition of a qualified homeownership
1915development project; (ii) prior to construction, the director has certified that all or a portion of
1916the project costs are for new construction; and (iii) after the construction of the project has been
1917completed, the director has certified that the project has been completed in compliance with this
1918section and the requirements and conditions of any prior certifications.
1919 “Secretary”, the secretary of housing and livable communities.
1920 “Single-family dwelling”, (i) a residential property containing not more than 4 residential
1921units; provided, that all units shall comprise a single property, to be sold to and owned by a
1922single homeowner; or (ii) a condominium unit in a professionally managed condominium
1923development.
1924 “Sponsor”, a sponsor, as defined in section 25 of chapter 23B, of a qualified
1925homeownership development project or owner of a qualified homeownership development
1926project.
1927 “Taxpayer”, a taxpayer subject to the income tax under this chapter.
1928 (b)(1) There shall be a Massachusetts homeownership tax credit. The director, in
1929consultation with the secretary, may authorize annually under this section and section 6O of
1930chapter 62 a total sum not exceeding: (i) $10,000,000; (ii) the amount, if any, not authorized in 89 of 177
1931the preceding taxable year; and (iii) any Massachusetts homeownership tax credits returned to
1932the director by a sponsor.
1933 (2) A taxpayer may be allowed a nonrefundable tax credit with respect to a qualified
1934homeownership development project under this section equal to the credit amount listed on the
1935eligibility certificate pursuant to subsection (d). If the credit allowable for any taxable year is
1936unused by the taxpayer or exceeds the taxpayer’s tax liability under this chapter for the taxable
1937year, the taxpayer may carry forward and apply in any subsequent taxable year, the portion, as
1938reduced from year to year, of the credit which exceeds the tax for the taxable year; provided,
1939however, that in no event shall the taxpayer apply the credit to the tax due for any taxable year
1940beginning after the affordability period.
1941 (3) To be eligible to receive a credit pursuant to this section, a sponsor shall submit an
1942application to the director on a form and in a manner prescribed by the director, in consultation
1943with the secretary; provided, that said application shall include, but shall not be limited to: (i) the
1944name and address of the sponsor; (ii) the names and addresses of all members of the project
1945development team; (iii) an estimate of the total qualified project expenditures; and (iv) any other
1946information as the director, in consultation with the secretary, may require pursuant to the
1947qualified homeownership credit allocation plan.
1948 (c)(1) The director, in consultation with the secretary, shall competitively evaluate and
1949approve applications and award tax credits under this section for a qualified homeownership
1950development project in accordance with the qualified homeownership credit allocation plan. The
1951director, in consultation with the secretary, shall determine the credit amount awarded for each 90 of 177
1952qualified homeownership development project, which shall not exceed the maximum credit
1953amount.
1954 (2) The director shall send written notice of the tax credit award to the sponsor of a
1955qualified homeownership development project. The notice shall stipulate that receipt of the tax
1956credit is contingent upon the sale of all single-family dwellings that are required to be sold to
1957qualified buyers and issuance of an eligibility certificate.
1958 (d)(1) Upon completion of a qualified homeownership development project for which a
1959tax credit was awarded under this section and the sale of all single-family dwellings that are
1960required to be sold to qualified buyers, the sponsor shall provide the director a final qualified
1961project expenditures certification for approval. Immediately after approving the final cost
1962certification, the director shall compute the credit amount and issue an eligibility certificate to
1963the project development owner. The credit amount, which shall be stated on the certificate, shall
1964equal the credit award amount stated in the notice issued under paragraph (2) of subsection (c),
1965subject to any reduction or increase as the result of the approval of the final qualified project
1966expenditures certification; provided, that such amount shall not exceed the maximum credit
1967amount.
1968 (2) Each eligibility certificate shall state the credit amount, the years that comprise the
1969affordability period, the name, address and taxpayer identification number of the sponsor and all
1970members of the project development team, the date the certificate is issued, a unique identifying
1971number and any additional information the director, in consultation with the secretary and the
1972commissioner, may require. The director shall certify a copy of each eligibility certificate to the
1973secretary and the commissioner. 91 of 177
1974 (e)(1) The sponsor shall maintain ownership of a qualified homeownership development
1975project and all single-family dwellings that are required to be sold to qualified buyers until such
1976dwellings are sold to qualified buyers.
1977 (2) The qualified buyer of a single-family dwelling constructed as part of a qualified
1978homeownership development project for which a tax credit was issued under this section shall
1979occupy such single-family dwelling as the qualified buyer’s primary residence during the
1980affordability period; provided, that a qualified buyer of a single-family dwelling that includes
1981more than 1 residential unit need only occupy a single residential unit within the single-family
1982dwelling as the qualified buyer’s primary residence during the affordability period and may lease
1983any additional units to third-party lessees.
1984 (3) If a single-family dwelling constructed as part of a qualified homeownership
1985development project is sold during the affordability period, the seller shall transfer to the director
1986an amount equal to 90 per cent of the gain from such resale, reduced by 10 per cent for each year
1987of the affordability period which ends before the date of such sale, subject to such additional
1988criteria as may be established under the qualified homeownership credit allocation plan. The
1989director shall use any amount received pursuant to a repayment under this paragraph for the
1990purpose of providing financial assistance to first-time homebuyers and offsetting the costs of
1991administering this section. The director may place a lien on each single-family dwelling
1992constructed as part of a qualified homeownership development project for an amount it deems
1993necessary to ensure potential repayment pursuant to this paragraph. 92 of 177
1994 (4) During the affordability period, a qualified buyer of a single-family dwelling that
1995includes more than 1 residential unit shall not separate the ownership of individual residential
1996units within the single-family dwelling.
1997 (f)(1) All or any portion of a tax credit issued in accordance with this section may be
1998transferred, sold or assigned to any individual or entity and the transferee shall be entitled to
1999claim the credit pursuant to paragraph (2) of subsection (b) with the same effect as if the
2000transferee had incurred the qualified project expenditures itself.
2001 (2) A sponsor or transferee desiring to make a transfer, sale or assignment as described in
2002paragraph (1) shall submit to the commissioner a statement that describes the amount of the tax
2003credit for which such transfer, sale or assignment of the tax credit is eligible. The sponsor shall
2004provide to the commissioner appropriate information for proper allocation of the tax credit.
2005 (3) If the recapture of a tax credit is required pursuant to subsection (g), any statement
2006submitted to the commissioner pursuant to paragraph (2) shall include the proportion of the tax
2007credit required to be recaptured, the identity of each transferee subject to recapture and the
2008amount of the tax credit previously transferred to such transferee.
2009 (g) The director, in consultation with the secretary, shall determine whether a sponsor or
2010qualified homeownership development project: (i) does not qualify for the credit; (ii) ceases to
2011qualify for the credit; or (iii) did not qualify for the credit at the time the credit was claimed.
2012Notwithstanding the time limitations on assessments pursuant to chapter 62C, the commissioner
2013shall determine the taxpayer or taxpayers that claimed the credit, the tax against which the credit
2014was claimed and the amount to be recaptured and shall make an assessment against the taxpayer
2015or taxpayers for the amount to be recaptured under this section. 93 of 177
2016 (h) The director may assess application, processing and reporting fees to cover the cost of
2017administering this section.
2018 (i) The credit under this section shall be attributed on a pro rata basis to the owners,
2019partners or members of the legal entity entitled to the credit under this section and shall be
2020allowed as a credit against the tax due under this chapter from such owners, partners or members
2021in a manner determined by the commissioner.
2022 (j) The secretary, in consultation with the commissioner and director, shall adopt any
2023rules and promulgate any regulations necessary to administer this section.
2024 SECTION 20. Subsection (b) of section 38PP of said chapter 63, inserted by section 19,
2025is hereby amended by striking out paragraph (1) and inserting in place thereof the following
2026paragraph:-
2027 (1) There shall be a Massachusetts homeownership tax credit. The director, in
2028consultation with the secretary, may authorize annually under this section and section 6O of
2029chapter 62 a total sum not exceeding: (i) the amount, if any, not authorized in the preceding
2030taxable year; and (ii) any Massachusetts homeownership tax credits returned to the director by a
2031sponsor.
2032 SECTION 21. Section 127I of chapter 111 of the General Laws, as appearing in the 2022
2033Official Edition, is hereby amended by adding the following paragraph:-
2034 Notwithstanding the fourth paragraph, following the appointment of a receiver for a
2035vacant residential property, the court, upon motion by the receiver with notice to the owner,
2036mortgagee and all interested parties, may allow the sale of the property to a nonprofit entity for 94 of 177
2037fair market value in its then current condition. Any such sale shall be conditioned upon the court
2038finding that the nonprofit agrees to correct all outstanding state sanitary code violations and
2039rehabilitate the property for sale to a first-time homebuyer whose income is not more than 120
2040per cent of the area median income as determined by the United States Department of Housing
2041and Urban Development; provided, that a nonprofit entity shall demonstrate to the court adequate
2042expertise and resources necessary to rehabilitate the property and correct outstanding state
2043sanitary code violations. Any such motion filed by a receiver pursuant to this paragraph shall be
2044heard by the court not less than 30 days following the filing date, during which period the owner,
2045mortgagee and any other interested parties may join a motion for leave to correct all outstanding
2046state sanitary code violations at the property. Upon a finding by the court that the owner,
2047mortgagee or other interested party has the intention and ability to correct all outstanding state
2048sanitary code violations, the court shall stay the hearing on the receiver’s motion for a reasonable
2049period of time to allow the owner, mortgagee or other interested party to correct such outstanding
2050sanitary code violations.
2051 SECTION 22. Section 11 of chapter 121B of the General Laws, as so appearing, is
2052hereby amended by striking out paragraphs (n) and (o) and inserting in place thereof the
2053following 3 paragraphs:-
2054 (n) To join or cooperate with 1 or more other operating agencies in the exercise, either
2055jointly or otherwise, of any of their powers for the purpose of financing, including the issuance
2056of bonds, notes or other obligations and the giving of security therefor, planning, undertaking,
2057owning, constructing, operating or contracting with respect to any project or projects authorized
2058by this chapter located within the area within which 1 or more of such authorities are authorized
2059to exercise their powers; and for such purpose to prescribe and authorize, by resolution, any 95 of 177
2060operating agency so joining and cooperating with it to act in its behalf in the exercise of any of
2061such powers;
2062 (o) To lease energy saving systems that replace non-renewable fuels with renewable
2063energy such as solar powered systems; and
2064 (p) To secure, with the approval of the department, in consultation with the executive
2065office for administration and finance, indebtedness incurred for the preservation, modernization
2066and maintenance of 1 or more of its low rent housing developments assisted under section 32 or
206734 by a pledge of a portion of capital funds awarded to it for improvements to be carried out
2068pursuant to a capital improvement plan, approved by the department and in accordance with
2069department regulations governing capital projects. The department, in consultation with the
2070executive office for administration and finance, shall promulgate regulations to establish
2071limitations on the percentage of awarded capital funds that may be pledged to secure
2072indebtedness, describe permitted terms for borrowing and repayment and establish criteria for
2073operating agencies permitted to incur indebtedness secured by a pledge of capital funds. Any
2074pledge of future year capital funds pursuant to this section shall be subject to the availability of
2075funds under the department’s capital spending plan. All financing documents related to future
2076year capital fund amounts shall include a statement that the credit of the commonwealth is not
2077pledged and that the pledging of funds shall be subject to the availability of funds under the
2078department’s capital spending plan.
2079 SECTION 23. Section 26C of said chapter 121B, as amended by section 256 of chapter 7
2080of the acts of 2023, is hereby further amended by striking out the words “provided, however, that
2081the capital assistance team shall provide services to the housing authority without requiring 96 of 177
2082payment for the services by the housing authority” and inserting in place thereof the following
2083words:- provided, however, that the capital assistance team shall provide services to a housing
2084authority with 500 or fewer state-aided units without requiring payment for services by the
2085housing authority; and provided further, that the capital assistance team may require payment for
2086services provided to a housing authority with more than 500 state-aided units and for additional
2087services not covered by this section and approved by the department.
2088 SECTION 24. Said section 26C of said chapter 121B, as so amended, is hereby further
2089amended by striking out subsection (e) and inserting in place thereof the following subsection:-
2090 (e) There shall be a capital assistance advisory board consisting of 7 members. Each
2091capital assistance team shall appoint 2 members to the advisory board and the department shall
2092appoint 1 member, who shall have at least 5 years of experience as the manager of not less than
2093200 units of privately owned housing. Only members of participating housing authorities in the
2094region shall be eligible for appointment to the advisory board. The advisory board shall meet on
2095an annual basis with the capital assistance team directors, host housing authority directors and
2096the secretary of housing and livable communities, or a designee, and shall discuss issues of
2097program performance and coordination.
2098 SECTION 25. The first paragraph of section 29 of said chapter 121B, as appearing in the
20992022 Official Edition, is hereby amended by striking out the first sentence and inserting in place
2100thereof the following sentence:- The members of a housing authority shall biennially, or more
2101frequently as required by the department, and at a time to be determined by the department, file
2102with the department a written report for its preceding fiscal years since its last previously filed
2103written report. 97 of 177
2104 SECTION 26. Said first paragraph of said section 29 of said chapter 121B, as so
2105appearing, is hereby further amended by adding the following sentence:- Notwithstanding the
2106foregoing, nothing in this section shall exempt a housing authority from submitting an annual
2107plan pursuant to section 28A and this section.
2108 SECTION 27. Section 34 of said chapter 121B, as so appearing, is hereby amended by
2109adding the following paragraph:-
2110 Notwithstanding any general or special law to the contrary, the tenants of a state-aided or
2111federally-aided public housing project transferred or conveyed pursuant to the fourteenth
2112paragraph shall maintain all rights pursuant to federal, state and local subsidy programs
2113originally applicable to the project, including tenant contribution, lease terms, eviction, right to
2114return, grievance, resident participation, preference in hiring and privacy rights, except as may be
2115required to secure financing necessary for the feasibility of the project or to meet associated
2116programmatic eligibility requirements after notice to affected tenants with an opportunity to
2117comment. The redevelopment of such public housing project shall not be the basis for: (i)
2118termination of assistance or eviction of any tenant; (ii) reduction of assistance or eviction of any
2119tenant; or (iii) re-screening any existing tenant; provided, that no existing tenant shall be
2120considered a new admission for any purpose, including, but not limited to, compliance with any
2121income targeting requirements. Any such project shall have at least the same number of low rent
2122housing units as the number of low rent housing units in the existing project. The requirements
2123of this paragraph shall be implemented through contracts, use agreements, regulations or other
2124means, as determined by the department. Any contracts, use agreements, regulations or other
2125means shall be in compliance with all local, state and federal subsidy programs applicable and
2126shall delineate: (i) the roles of the housing authority and other agencies in monitoring and 98 of 177
2127enforcing compliance, including tracking temporary and permanent displacement; (ii) how the
2128housing authority shall rehouse tenants so there shall be no displacement from affordable
2129housing programs operated by the housing authority; and (iii) how tenants shall be provided with
2130technical assistance to facilitate meaningful input related to the redevelopment of the proposed
2131project. The benefits of any contracts, use agreements, regulations or other means shall inure to
2132any tenant who occupied a unit within the project at the time of the transfer or conveyance of the
2133project. Protections relating to tenant contribution, lease terms, eviction, grievance, resident
2134participation, preference in hiring and privacy rights, except as may be required to secure
2135financing necessary for the feasibility of the project or to meet associated programmatic
2136eligibility requirements, shall inure to both present or future tenants or applicants of the project,
2137who shall have the right to enforce the same as third-party beneficiaries. Nothing in this section
2138shall create a separate or new administrative process of appeal or review for any grievance
2139governed by the lease of any tenant. Tenants shall have an opportunity for comment on a project
2140proposed under the fourteenth paragraph and an opportunity for public comment to be organized
2141by the owners, controlled entities, designated private entities or public housing authorities
2142responsible for such projects with adequate notice.
2143 SECTION 28. The third sentence of subsection (b) of section 3 of chapter 121E of the
2144General Laws, as so appearing, is hereby amended by striking out clause (3) and inserting in
2145place thereof the following clause:-
2146 (3) issued only if a contract or agreement for the use of the property for housing purposes
2147provides for the recording of a restriction in the registry of deeds or the registry district of the
2148land court in the county in which the affected real property is located, for the benefit of the
2149department, running with the land, that the land be used for providing alternative forms of rental 99 of 177
2150and ownership housing; provided, that the property shall not be released from the restriction
2151until: (i) the balance of the principal and interest for the loan has been repaid in full; (ii) a
2152mortgage foreclosure deed has been recorded; or (iii) there has been a disposition of the
2153property; provided, that the department determines that relevant clients will be better served at an
2154alternative property and the proceeds from the disposition of the property will be used, to the
2155extent necessary for replacement of the housing at the property, for 1 or both of the following
2156purposes: (A) to acquire such alternative property; or (B) to rehabilitate such alternative
2157property;.
2158 SECTION 29. Said section 3 of said chapter 121E, as so appearing, is hereby further
2159amended by striking out, in lines 41 to 44, inclusive, the words “, provided that the project
2160continues to remain affordable housing as set forth in the contract or agreement entered into for
2161the duration of the project by the department” and inserting in place thereof the following
2162words:- ; provided, that the project, whether at the original property, or at an alternative property
2163pursuant to clause (3), continues to remain affordable housing as set forth in the contract or
2164agreement entered into for the duration of the project by the department.
2165 SECTION 30. Section 2 of chapter 121F of the General Laws, as so appearing, is hereby
2166amended by striking out subsection (a) and inserting in place thereof the following subsection:-
2167 (a) There shall be within the department a separate fund to be known as the Housing
2168Stabilization and Investment Trust Fund. The department shall administer the fund and shall
2169ensure that funds are distributed among urban, suburban and rural areas with a particular
2170emphasis on the development of alternative forms of housing and local and regional needs. Such
2171funds shall be used for the purpose of undertaking projects to develop and support affordable 100 of 177
2172housing developments and homeownership affordability through the acquisition, preservation,
2173new construction and rehabilitation of affordable housing, including, but not limited to, the
2174preservation and improvement of existing privately-owned and state or federally-assisted
2175housing. Uses of the fund may include: (i) assistance for projects to stabilize and promote
2176reinvestment in cities and towns, including, but not limited to, preserving and improving existing
2177privately-owned and state or federally-assisted housing and any other techniques necessary to
2178achieve reinvestment; provided, that funds may be expended for energy audits and housing
2179modifications to achieve energy efficiency and conservation; and (ii) assistance for housing
2180where the expiration of federal or state low-income housing tax credits or other federal or state
2181subsidies would lead or has led to the termination of a use agreement for low-income housing or
2182in which a project-based rental assistance contract is expiring or has expired. The fund shall be
2183an expendable trust fund and shall not be subject to appropriation.
2184 SECTION 31. Said section 2 of said chapter 121F, as so appearing, is hereby further
2185amended by striking out, in line 28, the words “nonprofit or for-profit organizations” and
2186inserting in place thereof the following words:- eligible entities pursuant to subsection (a) of
2187section 3.
2188 SECTION 32. Said section 2 of said chapter 121F, as so appearing, is hereby further
2189amended by striking out, in lines 35 to 38, inclusive, the words “or the Community Economic
2190Development Assistance Corporation established in chapter 40H to provide assistance from the
2191fund for projects owned or sponsored by nonprofit organizations” and inserting in place thereof
2192the following words:- to provide assistance from the fund. 101 of 177
2193 SECTION 33. Section 3 of said chapter 121F, as so appearing, is hereby amended by
2194striking out subsections (a) and (b) and inserting in place thereof the following 2 subsections:-
2195 (a) The fund shall finance low and no-interest loans, grants, subsidies, credit
2196enhancements and other financial assistance for rental and ownership housing; provided, that any
2197assistance provided shall be the minimum amount necessary to make a project feasible; provided
2198further, that loans, grants, subsidies, credit enhancements and other financial assistance pursuant
2199to this chapter may be provided to qualified for-profit or non-profit developers, community
2200development corporations, local housing authorities, community action agencies, community-
2201based or neighborhood-based non-profit housing organizations, other non-profit organizations
2202and for-profit entities and governmental bodies; provided further, that recipients may enter into
2203subcontracts to administer the contracts with other for-profit or nonprofit organizations; provided
2204further, that loans, grants, subsidies, credit enhancements and other financial assistance pursuant
2205to this chapter may be provided for the acquisition of property to provide or preserve affordable
2206housing; provided further, that the loan program may be administered by the department through
2207contracts with the Massachusetts Housing Partnership Fund established in section 35 of chapter
2208405 of the acts of 1985; provided further, that the program may include acquisition, financing
2209and other holding costs, interim management costs and operating costs and may be used by the
2210Massachusetts Housing Partnership Fund to secure, collateralize or reserve against other
2211financing obtained by the Massachusetts Housing Partnership Fund to support such costs; and
2212provided further, that not less than 75 per cent of the beneficiaries of the housing shall be persons
2213whose income is not more than 60 per cent of the area median income and not less than 13 per
2214cent of the beneficiaries of the housing shall be persons whose income is not more than 30 per
2215cent of the area median income. 102 of 177
2216 (b)(1) Activities eligible for assistance from the fund shall include, but shall not be
2217limited to: (i) projects to develop and support affordable housing developments and
2218homeownership affordability through the acquisition, preservation, new construction and
2219rehabilitation of affordable housing; and (ii) the preservation of affordable housing developments
2220that: (A) are currently, or were previously, subject to prepayment or payment of a state or
2221federally-assisted mortgage; (B) are receiving project-based rental assistance under section 8 of
2222the United States Housing Act of 1937, 42 U.S.C. 1437f, and the rental assistance is expiring; or
2223(C) have received other project-based federal or state subsidies which are terminating or have
2224terminated.
2225 (2) Property eligible for assistance shall include, but shall not be limited to, housing
2226where the prepayment or payment of a state or federally-assisted mortgage or the expiration of
2227federal low income housing tax credits or other federal or state subsidies would lead or has led to
2228the termination of a use agreement for low income housing or in which a project-based rental
2229assistance contract is expiring or has expired; provided, that a property eligible for assistance that
2230has been acquired for the purpose of preserving or improving the property shall not lose
2231eligibility due to actions by the purchaser to renew or extend state or federal contracts or
2232subsidies.
2233 (3) The department, in consultation with nonprofit organizations, the Community
2234Economic Development Assistance Corporation, the Massachusetts Housing Finance Agency
2235and the Massachusetts Housing Partnership Fund, shall identify projects at greatest risk of
2236prepayment, payment, termination of subsidies and use restrictions or nonrenewal of rental
2237assistance. Funding priority shall be based on at-risk criteria to be determined by the department
2238and set forth in regulations promulgated by the department. 103 of 177
2239 SECTION 34. Said section 3 of said chapter 121F, as so appearing, is hereby further
2240amended by striking out subsection (d) and inserting in place thereof the following subsection:-
2241 (d) Prior to providing assistance, the department shall determine that: (i) the housing
2242would not, by private enterprise alone and without government assistance, be available to lower
2243income families and individuals; and (ii) the amount of assistance is the minimum amount
2244necessary to make the housing development feasible. The department shall require, as a
2245condition of receiving assistance, that: (A) the housing remain affordable for its useful life as
2246determined by the department; and (B) with respect to rental housing, the operations of the
2247owner and its articles of organization and by-laws, and any changes to the articles of
2248organization and by-laws, shall be subject to regulation by the department.
2249 SECTION 35. Section 5 of said chapter 121F, as so appearing, is hereby amended by
2250striking out, in lines 2 to 5, inclusive, the words “including, but not limited to, regulations
2251relative to grants to cities and towns for the demolition of certain vacant and abandoned
2252buildings and procedures for neighborhood revitalization plans”.
2253 SECTION 36. The General Laws are hereby amended by inserting after chapter 121G the
2254following chapter:-
2255 CHAPTER 121H
2256 SUPPORTIVE HOUSING POOL FUND
2257 Section 1. As used in this chapter, the following words shall, unless the context clearly
2258requires otherwise, have the following meanings: 104 of 177
2259 “Chronically homeless”, a person who has been homeless for at least 1 year or has been
2260repeatedly homeless.
2261 “Executive office”, the executive office of housing and livable communities.
2262 “Fund”, the Supportive Housing Pool Fund established in section 2.
2263 “Permanent supportive housing”, rental housing that includes supportive services for
2264individuals and families who may be homeless or chronically homeless, individuals and families
2265with behavioral health needs or substance addiction needs, survivors of domestic violence,
2266survivors of human trafficking, survivors of sexual violence, individuals and families at risk of
2267entering or transitioning out of the foster care system, youth and young adults, seniors and
2268veterans or other individuals with similar needs, as determined by the executive office.
2269 Section 2. (a) There shall be a Supportive Housing Pool Fund to support the production
2270of permanent supportive housing. The fund shall be administered by the executive office directly
2271or through contracts with 1 or more of the following administering agencies: (i) the Community
2272Economic Development Assistance Corporation, established in chapter 40H; (ii) the
2273Massachusetts Housing Partnership Fund, established in section 35 of chapter 405 of the acts of
22741985; or (iii) the Massachusetts Housing Finance Agency, established in chapter 708 of the acts
2275of 1966; provided, that an administering agency may directly offer financial assistance for the
2276purposes pursuant to this section or may enter into subcontracts with non-profit organizations
2277established pursuant to chapter 180 for those purposes; and provided further, that the
2278administering agency may establish additional program requirements through regulations or
2279policy guidelines. 105 of 177
2280 (b) There shall be credited to the fund: (i) revenue from appropriations or other money
2281authorized by the general court and specifically designated for the fund; (ii) any gifts, grants,
2282private contributions, repayment of loans, fees and charges imposed relative to the making of
2283loans, grants, subsidies, credit enhancements and other financial assistance; (iii) any investment
2284income earned on the fund’s assets; and (iv) any other sources. Money remaining in the fund at
2285the end of a fiscal year shall not revert to the General Fund.
2286 Section 3. Funds expended pursuant to this chapter shall be in the form of grants, loans or
2287other financial assistance to projects and organizations that shall provide stable housing options
2288and supportive services to residents of permanent supportive housing, which may include, but
2289shall not be limited to, staffing, case management, service coordination or other tenancy-related
2290services provided by a project sponsor or through a third party, or other services or activities that
2291the executive office has determined are essential to the day-to-day operation of permanent
2292supportive housing.
2293 Section 4. The executive office may promulgate regulations for the implementation,
2294administration and enforcement of this chapter and may, in consultation with the executive office
2295of health and human services, the executive office of elder affairs, the department of children and
2296families and the office for victim assistance, issue guidelines for the fund.
2297 SECTION 36A. Chapter 183A of the General Laws is hereby amended by striking out
2298section 16 and inserting in place thereof the following section:-
2299 Section 16. The owners of any land may submit the land under this chapter by the
2300recording in the registry of deeds of a master deed or, if the title to the land is registered under
2301chapter 185, by filing the master deed under said chapter 185. 106 of 177
2302 SECTION 36B. Section 14 of chapter 183B of the General Laws, as appearing in the
23032022 Official Edition, is hereby amended by striking out, in line 3, the words “subsection (d)”
2304and inserting in place thereof the following words:- paragraph (3) of subsection (b).
2305 SECTION 36C. Said chapter 183B is hereby further amended by striking out section 15
2306and inserting in place thereof the following section:-
2307 Section 15. (a) This section shall apply to time-share licenses only to the extent expressly
2308provided by the time-share instrument.
2309 (b) A time-share may be terminated in accordance with the following:
2310 (1) After the occurrence of a duly noticed and called meeting of the association convened
2311for the purpose of discussion of the possible termination of the time-share plan, all time-shares in
2312a time-share property may be terminated by written agreement of the time-share owners having
2313at least 60 per cent of all eligible beneficial interests.
2314 (2) An agreement to terminate all time-shares in a time-share property shall be evidenced
2315by the execution, in the same manner as a deed, of a termination agreement, or ratifications
2316thereof, by the requisite number of time-share owners. The termination agreement shall specify a
2317date after which it shall be void unless it is recorded on or before said date, and it may provide
2318for the establishment of a termination trust to carry out its terms and effect a sale as hereinafter
2319provided. A termination agreement and all ratifications thereof shall be recorded in the registry
2320of deeds or land registration office in every district in which a portion of the time-share property
2321is situated and shall be effective only upon such recording. 107 of 177
2322 (3) Unless the termination agreement sets forth the material terms of a contract or
2323proposed contract under which an estate or interest in each time-share unit, equal to the sum of
2324the time-shares therein, is to be sold and designates a trustee or board of trustees to effect the
2325sale, title to an estate or interest in each time-share unit equal to the sum of the time-shares
2326therein vests upon termination in the time-share owners thereof in proportion to the respective
2327interests of the time-share owners, as provided in paragraphs (7) and (8), and liens on the time-
2328shares shall attach to and encumber any interests. Any co-owner of said estate or interest in a unit
2329may thereafter maintain an action for partition or for allotment or sale in lieu of partition.
2330 (4) If the termination agreement sets forth parameters for the material terms of a contract
2331or proposed contract under which an estate or interest in each time-share unit, equal to the sum of
2332the time-shares therein, is to be sold and designates the board of the time-share owners
2333association as trustees, or other individual or group of individuals as trustees, to effect the sale,
2334title to the estate or interest vests upon termination in the trustees for the benefit of the time-share
2335owners, to be transferred pursuant to the contract of sale. Net proceeds of the sale shall be
2336distributed to time-share owners and lienholders as their interests may appear, as provided in
2337paragraphs (7) and (8).
2338 (5) The termination of a time-share plan shall not change the status of the underlying
2339owners’ association. Upon termination of the time-share plan, the association shall continue to
2340exist, but only for the purposes of concluding its affairs, prosecuting and defending actions by or
2341against it, collecting and discharging obligations, disposing of and conveying its property,
2342collecting and dividing its assets and otherwise complying with this section. 108 of 177
2343 (6) All reasonable expenses incurred by the termination trustee relating to the
2344performance of their duties pursuant to this subsection, including the reasonable fees of attorneys
2345and other professionals, must be paid by the termination trustee.
2346 (7) The termination trustee shall adopt reasonable procedures to implement the timely
2347sale of the time-share property and comply with the requirements of this section.
2348 (8) Except as otherwise provided in the termination agreement, so long as the time-share
2349owners or their termination trustee hold title to an estate or interest equal to the sum of the time-
2350shares, each former time-share owner and their successors in interest shall have the same rights
2351with respect to occupancy in the time-share unit that they would have had if termination had not
2352occurred, together with the same liabilities and other obligations imposed by this chapter or the
2353time-share instrument.
2354 (9) After termination of all time-shares in a time-share property and adequate provision
2355for the payment of the claims of the creditors for time-share expenses, distribution of: (i) the
2356proceeds of any sale pursuant to this section; (ii) the proceeds of any personalty held for the use
2357and benefit of the former time-share owners; and (iii) any other funds held for the use and benefit
2358of the former time-share owners shall be made to the former time-share owners and their
2359successors in interest in proportion to their respective interests as provided in paragraph (8).
2360Following termination, creditors of the association holding liens perfected against the time-share
2361property prior to the termination may enforce said liens in the same manner as any other lien
2362holder. All other creditors of the association shall be treated as if they had perfected liens on the
2363time-share property immediately prior to termination. 109 of 177
2364 (10) The time-share instrument may specify the respective fractional or percentage
2365interest in the estate or interest in each unit or in the time-share property equal to the sum of the
2366time-shares therein that will be owned by each former time-share owner upon termination of the
2367time-shares. If the time-share instrument fails to so specify, then upon termination, each time-
2368share owner’s beneficial interest in the termination trust shall be equal to such owner’s prior
2369beneficial interest in the time-share property as set forth in the time-share instrument and any
2370underlying condominium master deed.
2371 SECTION 36D. Chapter 184 of the General Laws is hereby amended adding the
2372following section:-
2373 Section 36. (a) For the purposes of this section, the following words shall, unless the
2374context clearly requires otherwise, have the following meanings:
2375 “Affiliate”, an entity owned or controlled by an owner or under common control with an
2376owner.
2377 “Auction” or “public auction”, the sale of a housing accommodation under power of sale
2378in a mortgage loan by public bidding.
2379 “Borrower”, a mortgagor of a mortgage loan.
2380 “Deed in lieu,” a deed for the collateral property or the housing accommodation that the
2381mortgagee accepts from the borrower in exchange for the release of the borrower’s obligation
2382under the mortgage loan.
2383 “Designee”, a nonprofit organization, established pursuant to chapter 180, which is
2384selected by members of a tenant association. 110 of 177
2385 “Elderly tenant household”, a tenant household in which 1 or more of the residents are
2386age 65 or older.
2387 “Executive office”, the executive office of housing and livable communities established
2388in chapter 23B.
2389“Foreclosure”, a legal proceeding to terminate a borrower’s interest in property instituted by a
2390mortgagee and regulated under chapter 244.
2391 “Housing accommodation”, a building, structure or part thereof, rented or offered for rent
2392for living or dwelling purposes, including, but not limited to, a house, apartment, condominium
2393unit, cooperative unit and other multi-family residential dwelling; provided, that a housing
2394accommodation shall not include a group residence, homeless shelter, lodging house, orphanage,
2395temporary dwelling structure or transitional housing; and provided further, that a housing
2396accommodation shall not include a borrower-occupied housing accommodation if the borrower
2397is domiciled in the housing accommodation at the initiation of the short-sale, deed in lieu or
2398foreclosure process.
2399 “Member”, a natural person who is a member of a tenant association.
2400 “Minimum tenant participation percentage”, the minimum percentage of tenants who
2401shall participate as members of a tenant association as defined by the city or town in a municipal
2402ordinance or by-law; provided, that the minimum tenant participation percentage shall be not less
2403than 51 per cent of the tenant-occupied housing units. The percentage shall be calculated based
2404on the number of tenant-occupied housing units in a property. If more than 1 person is a lessee in
2405a unit, all of the tenants who are lessees for that unit shall participate as members of the tenant
2406association for the unit to be counted toward the participating percentage of units. 111 of 177
2407 “Mortgagee”, an entity to whom property is mortgaged, including, but not limited to,
2408mortgage servicers, lenders in a mortgage agreement and any agent, servant or employee of the
2409mortgagee or any successor in interest or assignee of the mortgagee's rights, interests or
2410obligations under the mortgage agreement.
2411 “Mortgage loan”, a loan secured wholly or partially by a mortgage on a housing
2412accommodation.
2413 “Owner”, a person, firm, partnership, corporation, trust, organization, limited liability
2414company or other entity, or its successors or assigns that holds title to real property.
2415 “Purchase contract”, a binding written agreement whereby an owner agrees to sell
2416property, including, but not limited to, a purchase and sale agreement, contract of sale, purchase
2417option or other similar instrument.
2418 “Purchaser”, a party who has entered into a purchase contract with an owner and who
2419will, upon performance of the purchase contract, become the new owner of the property.
2420 “Sale”, an act by which an owner conveys, transfers or disposes of property by deed or
2421otherwise, whether through a single transaction or a series of transactions; provided, that a
2422disposition of housing by an owner to an affiliate of such owner shall not constitute a sale.
2423 “Short-sale”, a sale approved by the mortgagee to a bona fide purchaser at a price that is
2424less than the borrower’s existing debt on the housing accommodation.
2425 “Successor”, an entity through which a tenant association may take title to the property,
2426which may be a corporation with the sole stockholder being the tenant association, a housing
2427cooperative organized under chapter 157B, a limited liability company in which the tenant 112 of 177
2428association is the member, a limited partnership in which the tenant association is a general
2429partner or when permitted by the municipality’s ordinance, a joint venture between any of such
2430entities and another party with: (i) the requisite experience in acquiring, developing and owning
2431residential property; and (ii) the financial capacity to guaranty financing of the purchase
2432transaction.
2433 “Tenant”, a natural person who has: (i) entered into an express written lease or rental
2434agreement with the owner for exclusive possession of the premises for at least 6 months; or (ii)
2435paid rent to the owner and the owner has accepted said rent for at least 6 months.
2436 “Tenant association”, an organization with a membership limited to present tenants of a
2437property that is: (i) registered with the municipality that has adopted an ordinance or by-law
2438consistent with this section; or (ii) a non-profit organization incorporated under chapter 180.
2439 “Third-party offer”, an offer to purchase the mortgaged property for valuable
2440consideration by an arm’s length purchaser; provided, that a third-party offer shall not include an
2441offer by the borrower or tenants.
2442 “Third-party purchaser”, a purchaser who is not a tenant association, a designee or an
2443affiliate.
2444 (b)(1) A city or town may accept this section, in the manner provided in section 4 of
2445chapter 4, through ordinance or by-law, to establish a tenant right to purchase property. This
2446section shall take effect no later than 180 days after such acceptance. A city or town may at any
2447time revoke its acceptance of this section by vote of the legislative body, subject to the charter of
2448the municipality. The revocation shall not affect agreements relative to tenants’ right to purchase
2449that have already been asserted prior to the revocation. 113 of 177
2450 (2) A municipal ordinance or by-law may contain provisions that establish:
2451 (i) tenancy protections for non-elderly tenant households that do not participate in the
2452tenant association;
2453 (ii) exclusion of applicability to properties with fewer than a designated number of units;
2454provided, that different exclusion numbers may be adopted for owner-occupied properties and
2455properties with no owner occupancy;
2456 (iii) criteria for designees;
2457 (iv) a tenant association’s ability to exercise rights pursuant to this section through a joint
2458venture or partnership with another entity with experience in developing, owning or operating
2459residential real estate or an entity that has the financial capacity to guaranty the financing of the
2460purchase transaction; and
2461 (v) exclusion of classes of properties in addition to the classes of properties enumerated
2462in subsection (k).
2463 (c) In any city or town that votes to adopt this section, an owner of a residential building
2464shall: (i) notify the municipality and each tenant household, in writing by hand delivery and
2465United States mail, of the owner’s intention to sell the property, with copy of the municipality’s
2466prepared summary of the ordinance adopted hereunder; and (ii) provide a tenant association with
2467the minimum tenant participation percentage an opportunity to make an offer to purchase the
2468property prior to entering into an agreement to sell such property pursuant to the time periods in
2469this section; provided, that no owner shall be under any obligation to enter into an agreement to
2470sell such property to the tenants. 114 of 177
2471 (d) A tenant association with the minimum tenant participation percentage may select a
2472successor or a designee to act on its behalf as purchaser of the property and shall give the owner
2473and the municipality notice of its selection.
2474 (e)(1) A tenant association with the minimum tenant participation percentage, or its
2475successor or designee, may, within 15 days after receipt of the notice of the owner’s intention to
2476sell, submit an offer to the owner to purchase the property.
2477 (2) A tenant association, successor or designee’s failure to submit a timely offer under
2478paragraph (1) shall constitute an irrevocable waiver of the tenants’ rights under this section. If
2479the owner and the tenant association, successor or designee, have not entered into an agreement
2480within 15 days after receipt of the notice of the owner’s intent to sell, the owner may enter into
2481an agreement to sell the property to a third party, subject to subsections (f) to (i), inclusive.
2482 (f) Upon execution of any purchase contract with a third party, the owner shall, within 7
2483days, submit a copy of the contract along with a proposed purchase contract for execution by the
2484tenant association, successor or designee. If the tenant association, successor or designee elect to
2485purchase the property, the tenant association, successor or designee shall within 30 days after the
2486receipt of the third-party purchase contract and the proposed purchase contract, execute the
2487proposed purchase contract or such other agreement as is acceptable to both parties. The time
2488periods set forth in this subsection may be extended by agreement between the owner and the
2489tenant association, successor or designee. Except as otherwise specified in subsection (h), the
2490terms and conditions of the proposed purchase contract offered to the tenant association,
2491successor or designee shall be the same as those of the executed third-party purchase contract. 115 of 177
2492 (g) After receipt of the third-party purchase contract pursuant to subsection (f), the tenant
2493association, successor or designee may, within the 15-day time period prescribed in said
2494subsection (f), make a counteroffer by executing and submitting to the owner an amended
2495proposed purchase contract. Failure by the tenant association, successor or designee to execute
2496the purchase contract or submit a counteroffer within the 15-day period in subsection (f) shall
2497constitute a waiver of the tenants’ right to purchase. If the tenant association, successor or
2498designee submits a counteroffer, the owner shall have 15 days from the date it receives the
2499amended proposed purchase contract to execute the amended proposed purchase contract or
2500reject, in writing, the counteroffer; provided, however, that if the owner rejects a counteroffer, it
2501shall not subsequently enter into any purchase contract with a third party on terms that are the
2502same as, or materially more favorable to the proposed third party purchaser, than the economic
2503terms and conditions in the counteroffer proposed by the tenant association, successor or
2504designee, unless the owner first provides a copy of such new third-party purchase contract and a
2505new proposed purchase contract for execution by the tenant association, successor or designee,
2506which shall contain the same terms and conditions as the newly executed third party purchase
2507contract, except as otherwise specified by subsection (h), and the tenant association, successor or
2508designee shall have 30 days from the date they receive the third-party purchase contract and the
2509proposed purchase contract to execute the proposed purchase contract or such other agreement as
2510is acceptable to the owner and the tenant association, successor or designee.
2511 (h) Any purchase contract offered to, or proposed by, the tenant association, successor or
2512designee shall include at a minimum the following terms:
2513 (i) the earnest money deposit shall not exceed the lesser of: (A) the deposit in the third-
2514party purchase contract; (B) 5 per cent of the sale price; or (C) $250,000; provided, however, that 116 of 177
2515the owner and the tenant association, successor or designee may agree to modify the terms of the
2516earnest money deposit; and provided, further, that the earnest money deposit shall be held under
2517commercially-reasonable terms by an escrow agent selected jointly by the owner and the tenant
2518association, successor or designee;
2519 (ii) the earnest money deposit shall be refundable for not less than 90 days from the date
2520of execution of the purchase contract or such greater period as provided for in the third-party
2521purchase contract; provided, however, that if the owner unreasonably delays the buyer’s ability
2522to conduct due diligence during the 90-day period, the earnest money deposit shall continue to be
2523refundable for a period greater than 90 days. After the expiration of the specified time period, the
2524earnest money deposit shall be forfeited and the right to purchase of the tenant association,
2525successor or designee shall be irrevocably waived.
2526 (i) The tenant association, successor or designee shall have 160 days from execution of
2527the purchase and sale agreement to perform all due diligence, secure financing and close on the
2528purchase of the property. Failure to exercise the purchase option within 160 days shall constitute
2529a waiver of the purchase option by the tenant association, successor or designee.
2530 (j) Any notice required by this section shall be deemed to have been provided when
2531delivered in person or mailed by certified or registered mail, return receipt requested, to the party
2532to whom notice is required. Notice shall be deemed to have been provided when either: (i) the
2533notice is delivered in hand to the tenant or an adult member of the tenant’s household; or (ii) the
2534notice is sent by first class mail and a copy is left in, or under the door of, the tenant’s dwelling
2535unit. A notice to the affected municipality shall be sent to the chief executive officer of the
2536municipality. 117 of 177
2537 (k) This section shall not apply to:
2538 (i) property that is the subject of a government taking by eminent domain or a negotiated
2539purchase in lieu of eminent domain;
2540 (ii) a proposed sale to a purchaser pursuant to terms and conditions that preserve
2541affordability, as determined by the executive office;
2542 (iii) any sale of publicly-assisted housing, as defined in section 1 of chapter 40T;
2543 (iv) rental units in any hospital, skilled nursing facility or health facility;
2544 (v) rental units in a nonprofit facility that has the primary purpose of providing short-term
2545treatment, assistance or therapy for alcohol, drug or other substance abuse; provided, that such
2546housing is incident to the recovery program; and provided further, that the client has been
2547informed in writing of the temporary or transitional nature of the housing;
2548 (vi) rental units in a nonprofit facility: (A) that provides a structured living environment
2549that has the primary purpose of helping homeless persons obtain the skills necessary for
2550independent living in permanent housing; (B) where occupancy is restricted to a limited and
2551specific period of time of not more than 24 months; and (C) where the client has been informed
2552in writing of the temporary or transitional nature of the housing at its inception;
2553 (vii) public housing units managed by the local housing authority;
2554 (viii) federal public housing units that are subsidized and regulated under federal law, to
2555the extent such applicable federal law expressly preempts this section; 118 of 177
2556 (ix) any residential property where the owner is a natural person who owns not more than
25576 residential rental units in the municipality and who resides in the commonwealth;
2558 (x) any unit that is held in trust on behalf of a disabled individual who permanently
2559occupies the unit, or a unit that is permanently occupied by a disabled parent, sibling, child or
2560grandparent of the owner of that unit; or
2561 (xi) any rental unit that is owned or managed by a college or university for the express
2562purpose of housing students.
2563 (l) The tenant association, successor or designee shall ensure that its purchase of the
2564property will not result in the displacement of any elderly tenant households that choose not to
2565participate in the purchase of the property.
2566 (m)(1) An owner shall give notice to each tenant household of a housing accommodation
2567of the intention to sell the housing accommodation by way of short-sale to avoid foreclosure or
2568its intention of accepting a deed in lieu. Such notice shall be mailed by regular and certified mail,
2569with a simultaneous copy to the attorney general, the secretary of the executive office and to the
2570municipality adopting this section, within 2 business days of the owner’s submission of a request
2571or application to the mortgagee for permission to sell the housing accommodation by way of
2572short-sale or to accept a deed in lieu. This notice shall also include a statement of the rights
2573provided by this section.
2574 (2) No mortgagee shall accept any third party offers or deem the owner’s application for
2575short-sale submitted for review unless and until the mortgagee receives documentation in a form
2576approved by the attorney general demonstrating that the tenants of the housing accommodation
2577have been informed of the owner’s intent to seek a short-sale or deed in lieu and the tenants have 119 of 177
2578expressed their interest in exercising a right of first refusal within 60 days, assigning that right of
2579first refusal, or the tenants have waived those rights. If the tenants have not affirmatively
2580expressed their interest in exercising a right of first refusal or in assigning that right within 60
2581days or have not affirmatively waived that right within 60 days, the tenants’ rights shall be
2582deemed waived.
2583 (3) Before a housing accommodation may be transferred by short-sale or deed in lieu, the
2584owner shall notify each tenant household, with a simultaneous copy to the attorney general, the
2585secretary of the executive office and the municipality adopting this section, by regular and
2586certified mail, of any bona fide offer that the mortgagee intends to accept. Before any short-sale
2587or transfer by deed in lieu, the owner shall give each tenant household such a notice of the offer
2588only if households constituting at least 51 per cent of the households occupying the housing
2589accommodation notify the owner, in writing, that they collectively desire to receive information
2590relating to the proposed sale. Tenants may indicate this desire within the same notice described
2591in paragraph (2). Any notice of the offer required to be given under this subsection shall include
2592the price, calculated as a single lump sum amount, of any promissory notes offered in lieu of
2593cash payment.
2594 (4) A group of tenants representing at least 51 per cent of the households occupying the
2595housing accommodation that are entitled to notice under paragraph (3) shall have the collective
2596right to purchase, in the case of a third party offer that the mortgagee intends to accept, provided
2597that the group of tenants shall: 120 of 177
2598 (A) submit to the owner reasonable evidence that the tenants of at least 51 per cent of the
2599occupied units in the housing accommodation have approved the purchase of the housing
2600accommodation;
2601 (B) submit to the owner a proposed purchase and sale agreement on substantially
2602equivalent terms and conditions within 60 days of receipt of notice of the offer made under
2603paragraph (3);
2604 (C) obtain a binding commitment for any necessary financing or guarantees within an
2605additional 90 days after execution of the purchase and sale agreement; and
2606 (D) close on such purchase within an additional 90 days after the end of the 90-day
2607period in clause (C).
2608 (5) No owner shall unreasonably refuse to enter into, or unreasonably delay the execution
2609or closing on a purchase and sale with tenants who have made a bona fide offer to meet the price
2610and substantially equivalent terms and conditions of an offer for which notice is required to be
2611given pursuant to paragraph (3). Failure of the tenants to submit such a purchase and sale
2612agreement within the first 60-day period, to obtain a binding commitment for financing within
2613the additional 90-day period or to close on the purchase within the second 90-day period, shall
2614serve to terminate the rights of such tenants to purchase. The time periods provided in this
2615paragraph may be extended by agreement. Nothing herein shall be construed to require an owner
2616to provide financing to such tenants. A group or association of tenants that has the right to
2617purchase pursuant to this subsection, at its election, may assign its purchase right pursuant to this
2618subsection to the city or town in which the housing accommodation is located, or the housing
2619authority of the city or town in which the housing accommodation is located, or an agency of the 121 of 177
2620commonwealth, nonprofit, community development corporation, affordable housing developer,
2621or land trust, for the purpose of permanently continuing the use of the housing accommodation as
2622affordable rental housing.
2623 (6) The right of first refusal created in this subsection shall inure to the tenants for the
2624time periods provided in paragraph (4), beginning on the date of notice to the tenants under
2625paragraph (1). The effective period for such right of first refusal shall begin anew for each
2626different offer to purchase that the mortgagee intends to accept. The right of first refusal shall not
2627apply with respect to any offer received by the owner for which a notice is not required pursuant
2628to paragraph (3).
2629 (7) In any instance where the tenants are not the successful purchaser of the housing
2630accommodation, the mortgagee shall provide evidence of compliance with this section by filing
2631an affidavit of compliance with the attorney general, the secretary of the executive office and the
2632registry of deeds for the county and district where the property is located within 7 days of the
2633sale.
2634 (8) An owner shall not evict a tenant to avoid application of this subsection.
2635 (9) An aggrieved tenant may seek damages under chapter 93A and may file a complaint
2636with the attorney general. A tenant may seek damages, including compensatory relief in the form
2637of a percentage of the sales price, injunctive relief in the form of specific performance to compel
2638transfer of the property or both compensatory and injunctive relief. Nothing in this subsection
2639shall be construed to limit or constrain the rights tenants currently have under applicable laws,
2640including, but not limited to, chapters 186 and 186A. At all times, all parties shall negotiate in
2641good faith. 122 of 177
2642 (10) The attorney general shall enforce this subsection and shall promulgate rules and
2643regulations necessary for enforcement. The attorney general may seek injunctive, declaratory and
2644compensatory relief on behalf of tenants and the commonwealth in a court of competent
2645jurisdiction. The attorney general shall post a sample intent to sell notice, sample proof of notice
2646to tenants, sample notice of offer and other necessary documents.
2647 (n)(1) When a mortgagee seeks judicial determination of the right to foreclose, the
2648mortgagee shall provide a copy of the complaint by regular and certified mail to the tenants of
2649the housing accommodation and to the municipality adopting this section. The mortgagee shall
2650also provide tenants and the municipality, by regular and certified mail, with a copy of any order
2651of notice issued by the land court, if applicable, within 5 days of issuance.
2652 (2) The mortgagee shall provide each tenant household and the municipality adopting this
2653section, by regular and certified mail, a copy of all notices of sale published pursuant to section
265414 of chapter 244. A copy shall be provided simultaneously with the successive publication
2655notices.
2656 (3) Not later than 5 business days before the auction of a housing accommodation, the
2657tenants shall inform the mortgagee, in writing, if a group of tenants representing at least 51 per
2658cent of the households occupying the housing accommodation or an entity to which they have
2659assigned their right of first refusal intend to exercise their right of first refusal at auction and
2660desire to receive information relating to the proposed auction.
2661 (4) A group of tenants representing at least 51 per cent of the households occupying the
2662housing accommodation or an entity to which they have assigned their right of first refusal may 123 of 177
2663exercise their collective right to purchase the housing accommodation, in the event of a third
2664party offer at auction that the mortgagee receives; provided, that the group of tenants shall:
2665 (i) submit to the mortgagee reasonable evidence that the tenants of at least 51 per cent of
2666the occupied homes in the housing accommodation have approved the purchase of the housing
2667accommodation;
2668 (ii) submit to the mortgagee a proposed purchase and sale agreement on substantially
2669equivalent terms and conditions to that received by the mortgagee in the third-party offer within
267060 days of receipt of notice of the bid made under paragraph (3);
2671 (iii) obtain a binding commitment for any necessary financing or guarantees within an
2672additional 90 days after execution of the purchase and sale agreement; and
2673 (iv) close on such purchase within an additional 90 days after the end of the 90-day
2674period under clause (iii).
2675 No mortgagee shall unreasonably refuse to enter into, or unreasonably delay the
2676execution or closing on a purchase and sale with tenants who have made a bona fide offer to
2677meet the price and substantially equivalent terms and conditions of a bid received at auction.
2678Failure of the tenants to submit such a purchase and sale agreement within the first 60-day
2679period, to obtain a binding commitment for financing within the additional 90-day period or to
2680close on the purchase within the second 90-day period, shall serve to terminate the rights of such
2681tenants to purchase. The time periods provided in this paragraph may be extended by agreement.
2682 Nothing herein shall be construed to require a mortgagee to provide financing to such
2683tenants. A group or association of tenants that has the right to purchase hereunder, at its election, 124 of 177
2684may assign its purchase right hereunder to the city, town, housing authority, or agency of the
2685commonwealth, nonprofit, community development corporation, affordable housing developer,
2686or land trust for the purpose of permanently continuing the use of the housing accommodation as
2687affordable rental housing.
2688 If there are no third-party bids at auction for the housing accommodation, the tenants
2689shall have a right of first refusal whenever the mortgagee seeks to sell the housing
2690accommodation. The tenants shall be notified of any offers the mortgagee intends to accept and
2691shall be given an opportunity to meet the price and substantially the terms of a third-party offer
2692based on the same timeline described in paragraph (4).
2693 (5) The right of first refusal created herein shall inure to the tenants for the time periods
2694herein before provided, beginning on the date of notice to the tenants under paragraph (1).
2695 (6) In any instance where the tenants are not the successful purchaser of the housing
2696accommodation, the seller of such unit shall provide evidence of compliance with this section by
2697filing an affidavit of compliance with the attorney general, the secretary of the executive office
2698and the registry of deeds for the county and district where the property is located within 7 days of
2699the sale.
2700 (7) An owner shall not evict a tenant to avoid application of this subsection.
2701 (8) An aggrieved tenant may seek damages under chapter 93A and may file a complaint
2702with the attorney general. A tenant may seek damages including a percentage of the sales price
2703or injunctive relief in the form of specific performance to compel transfer of property, or both
2704compensatory and injunctive relief. Nothing in this subsection shall be construed to limit or 125 of 177
2705constrain in any way the rights tenants currently have under applicable laws, including, but not
2706limited to, chapters 186 and 186A. At all times, all parties shall negotiate in good faith.
2707 (9) The attorney general shall enforce this subsection and shall promulgate rules and
2708regulations necessary for enforcement. The attorney general may seek injunctive, declaratory,
2709and compensatory relief on behalf of tenants and the commonwealth in a court of competent
2710jurisdiction. The attorney general shall post a sample intent to sell notice, sample proof of notice
2711to tenants, sample notice of offer, and other necessary documents.
2712 SECTION 36E. Chapter 185 of the General Laws is hereby amended by striking out
2713section 52 and inserting in place thereof the following section:-
2714 Section 52. (a) As used in this section, “notice of voluntary withdrawal” shall mean an
2715instrument in writing signed and acknowledged by all owners of the land to be voluntarily
2716withdrawn and that contains the following information: (i) names and addresses of all owners;
2717(ii) the certificate of title number with the registration book and page numbers; (iii) a description
2718of the land in the form contained in the certificate of title or a description incorporating by
2719reference the lot numbers, if numbered and the land court plan, together with a reference to the
2720certificate with which the plan is filed; and (iv) the street address of the land, if any. The notice
2721of voluntary withdrawal shall include warning to all interest holders entitled to notice that any
2722objection to the requested withdrawal shall be filed with the court not later than 30 days
2723following the service of the notice or shall be waived.
2724 (b) A judgment of registration and the entry of a certificate of title shall be
2725regarded as an agreement running with the land and binding upon the plaintiff and the plaintiff's
2726successors in title that the land shall be and forever remain registered land and subject to this 126 of 177
2727chapter unless withdrawn under this section and except as provided in section 26.
2728 (c) If all of a parcel of land, the title to which is registered under this chapter, is acquired
2729by the commonwealth, any agency, department, board, commission or authority of the
2730commonwealth, any political subdivision of the commonwealth or any agency, department,
2731board, commission or authority of any political subdivision of the commonwealth, the
2732acquisition shall be a sufficient ground for withdrawal of the registered land from this chapter.
2733The land so acquired shall be withdrawn upon the filing with the land court of a complaint for
2734voluntary withdrawal by the public entity and the endorsement by a justice of the land court of a
2735notice of withdrawal by the public entity, which shall be filed in the registry district where the
2736land is located.
2737 (d) The owners of the fee simple estate in a parcel of land, the title to which has been
2738registered under this chapter, may voluntarily withdraw the registered land from this chapter by
2739filing with the land court a complaint for voluntary withdrawal naming themselves as all of the
2740owners of the fee simple estate in the entire parcel of land, and identifying any mortgagees,
2741lessees or option holders of record having an interest in the registered land, together with a notice
2742of voluntary withdrawal. The plaintiff shall file with the complaint documentation sufficient to
2743establish conclusively their ownership of the fee simple estate in the entire parcel of land that is
2744the subject of the complaint, including, but not limited to, a last-prepared certificate of title,
2745deeds, conveyance records or other documents or instruments that demonstrate their ownership
2746interest. The plaintiff also may file with the court written and signed assents from any interest
2747holders entitled to notice who have agreed to the withdrawal. Upon the request of the plaintiff or
2748the court’s determination of reasonable need, the court may appoint an examiner of title, whose
2749fees shall be paid by the plaintiff, to prepare a report sufficient to identify the current owners and 127 of 177
2750all current mortgagees, lessees, or option holders with interests in the land who are entitled to
2751notice. The court’s order of appointment shall be made not later than 30 days after receipt of the
2752complaint or request for appointment, if later made, unless the court, for good cause, determines
2753that appointment at a later time is indicated, and shall direct such report to be prepared and filed
2754with the court not later than 14 days after the appointment is made, unless the court, for good
2755cause, then or thereafter allows further time. All interest holders entitled to notice who have not
2756assented shall be served by certified mail with a file-stamped copy of the complaint and notice of
2757voluntary withdrawal. The court may order further notice to be given, including by additional
2758means, if the court determines it necessary or desirable to accomplish effective service. The
2759plaintiff shall file with the court an affidavit certifying that such notice by certified mail or other
2760means ordered by the court has been given, together with proof of service. Where the plaintiff is
2761represented by counsel, the affidavit shall be executed by counsel.
2762 (e) If no objection has been filed by any interest holder entitled to notice not later than 30
2763days following service, a justice of the court shall approve and endorse the notice of voluntary
2764withdrawal not later than 30 days following receipt of all required information and
2765documentation unless the court, for good cause, determines that further time is indicated.
2766Notwithstanding the filing of an objection not later than 30 days, the notice of voluntary
2767withdrawal shall be endorsed by a justice of the land court unless the court determines that there
2768is good cause for the objection. Upon endorsement by a justice of the land court, the notice of
2769voluntary withdrawal shall be filed for registration and noted on the memorandum of
2770encumbrances for the certificate of title and may be recorded with the registry of deeds for the
2771district within which the land lies, whereupon the land shall be withdrawn from this chapter and
2772shall become unregistered land. The owners shall hold title to the land free of all liens and 128 of 177
2773encumbrances, including adverse possession and prescriptive rights, existing as of the date the
2774judicially-endorsed notice of voluntary withdrawal is noted on the memorandum of
2775encumbrances, as though a judgment of confirmation without registration had been recorded
2776under section 56A; provided, however, that the owners shall not hold title free of the
2777encumbrances set forth or referred to in section 46 and those noted on the certificate of title or
2778filed for registration before the date the endorsed notice of voluntary withdrawal is noted on the
2779memorandum of encumbrances.
2780 (f) The chief justice of the land court or a designee may promulgate or establish rules,
2781practices, guidelines, forms or procedures, including an appropriate filing fee for the complaint
2782and notice of voluntary withdrawal, as necessary to implement this section.
2783 SECTION 36F. Said chapter 185 is hereby further amended by striking out section 114
2784and inserting in place thereof the following section:-
2785 Section 114. (a) No erasure, alteration or amendment shall be made upon the registration
2786book after the entry of a certificate of title or of a memorandum thereon and the attestation of the
2787same by the recorder or an assistant recorder without court order, except in an instance in which
2788the assistant recorder, upon approval of the chief title examiner of the land court or their
2789designee, determines that a clerical error or omission has been made in the entry of the certificate
2790of title or memorandum thereon.
2791 (b) A registered owner or other person in interest may apply by complaint to the court
2792upon the grounds that: (i) registered interests of any description, whether vested, contingent,
2793expectant or inchoate, have terminated and ceased; (ii) new interests not appearing upon the
2794certificate have arisen or been created; (iii) an error or omission was made in entering a 129 of 177
2795certificate or any memorandum thereon; (iv) the name of any person on the certificate has been
2796changed; (v) the registered owner has married, or if registered as married, that the marriage has
2797been terminated; (vi) a corporation which owned registered land and has been dissolved has not
2798conveyed the same within 3 years after its dissolution; or (vii) upon any other reasonable ground,
2799and the court may hear and determine the complaint after notice to all parties in interest, and may
2800order the entry of a new certificate, the entry or cancellation of a memorandum upon a
2801certificate, or grant any other relief upon such terms, requiring security if necessary, as it may
2802consider proper; provided, however, that this section shall not authorize the court to open the
2803original judgment of registration; and provided further, that nothing shall be done by the assistant
2804recorder or ordered by the court that shall impair the title or other interest of a purchaser holding
2805a certificate for value and in good faith, or their heirs or assigns, without their written consent.
2806 SECTION 37. Section 1 of chapter 188 of the General Laws, as appearing in the 2022
2807Official Edition, is hereby amended by striking out, in lines 15, 21, 25, 41 and 47, each time it
2808appears, the figure “$500,000” and inserting in place thereof, in each instance, the following
2809figure:- $1,000,000.
2810 SECTION 38. Section 3 of chapter 708 of the acts of 1966, as amended by section 43 of
2811chapter 204 of the acts of 1996, is hereby further amended by striking out, in the first sentence,
2812the words “department of housing and community development” and inserting in place thereof
2813the following words:- executive office of housing and livable communities.
2814 SECTION 39. The first paragraph of said section 3 of said chapter 708, as most recently
2815amended by sections 43 and 44 of said chapter 204, is hereby further amended by striking out the
2816third sentence and inserting in place thereof the following sentence:- Any law to the contrary 130 of 177
2817notwithstanding the MHFA shall not be subject to the provisions of chapter 30A, sections 24
2818through 28, inclusive, of chapter 93, chapter 255E or chapter 255F of the General Laws.
2819 SECTION 40. The first sentence of the second paragraph of said section 3 of said chapter
2820708, as amended, is hereby further amended by striking out the words “director of housing and
2821community development” and inserting in place thereof the following words:- secretary of
2822housing and livable communities.
2823 SECTION 41. Paragraph (b) of section 8 of said chapter 708, is hereby amended by
2824striking out the sixth sentence, as most recently amended by chapter 34 of the acts of 2003, and
2825inserting in place thereof the following sentence:- The aggregate principal amount of notes and
2826bonds of the MHFA issued to make mortgage loans pursuant to section 5 and to make or
2827purchase loans pursuant to section 5A, outstanding at any 1 time, shall not exceed the sum of
2828$10,800,000,000.
2829 SECTION 42. Paragraph (a) of section 35 of chapter 405 of the acts of 1985 is hereby
2830further amended by striking out the words “department of housing and community
2831development”, as appearing in section 47 of chapter 204 of the acts of 1996, and inserting in
2832place thereof the following words:- executive office of housing and livable communities.
2833 SECTION 43. Said paragraph (a) of said section 35 of said chapter 405 is hereby further
2834amended by striking out the words “communities and development”, as appearing in section 36
2835of chapter 102 of the acts of 1990, and inserting in place thereof the following words:- housing
2836and livable communities. 131 of 177
2837 SECTION 44. Section 2 of chapter 52 of the acts of 1993 is hereby amended by striking
2838out item 4000-8200, most recently amended by sections 15 to 18, inclusive, of chapter 244 of the
2839acts of 2002, and inserting in place thereof the following item:-
2840 4000-8200For state financial assistance to implement the recommendations of the
2841special commission in the form of loans for the development of community-based housing for
2842individuals with mental health or intellectual or developmental disabilities; provided, that said
2843loan program shall be administered by the executive office of housing and livable communities
2844through contracts with authorities which shall be limited to housing authorities and
2845redevelopment authorities duly organized and existing in accordance with chapter 121B of the
2846General Laws, community development corporations duly organized and existing in accordance
2847with chapter 40F of the General Laws, the Massachusetts Housing Finance Agency, a body
2848politic and corporate entity established by chapter 708 of the acts of 1966, as amended, the
2849Massachusetts community economic development assistance corporation (CEDAC), a body
2850politic and corporate entity established by chapter 40H of the General Laws, and the
2851Massachusetts Government Land Bank, a body politic and corporate entity established by
2852chapter 212 of the acts of 1975; provided, that said loan issuing authorities may develop or
2853finance said community-based housing, or may enter into subcontracts with non-profit
2854organizations established pursuant to chapter 180 of the General Laws or organizations in which
2855such non-profit corporations have a controlling financial or managerial interest; provided,
2856however, that said department shall take due consideration of a balanced geographic plan for
2857such community-based housing when issuing said loans; provided further, that loans issued
2858pursuant to this item shall be subject to the following provisions: (1) said loans shall be limited
2859to not more than 50 per cent of the financing of the total development costs; (2) said loans shall 132 of 177
2860only be issued for a community-based housing project contingent on the title to said real property
2861reverting to the commonwealth when said loan becomes due and payable except as provided by
2862section 3; (3) said loans shall only be issued when any contract or agreement for the use of said
2863property for the purposes of such community-based housing provides for the recording of a
2864restriction in the registry of deeds or the registry district of the land court of the county in which
2865the affected real property is located, for the benefit of the said departments, running with the
2866land, that the land be used for the purpose of providing community-based housing for eligible
2867individuals as determined by the departments of mental health; provided, that the property shall
2868not be released from such restrictions unless: (i) the balance of the principal and interest for the
2869loan has been repaid in full; (ii) a mortgage foreclosure deed has been recorded; or (iii) there has
2870been a disposition of the property; provided, that the executive office of housing and livable
2871communities, in consultation with the department of mental health and the department of
2872developmental services, determines that relevant clients will be better served at an alternative
2873property and the proceeds from the disposition of the property will be used, to the extent
2874necessary for replacement of the housing at the property, for 1 or both of the following purposes:
2875(A) to acquire such alternative property; or (B) to rehabilitate such alternative property; (4) said
2876loans shall be issued for a term of up to 30 years during which time repayment may be deferred
2877by the loan issuing authority unless at the end of any fiscal year, cash collections from all sources
2878in connection with a community-based housing project, except for contributions, donations, or
2879grant monies, exceed 105 per cent of cash expenditures on behalf of said project, including debt
2880service, operating expenses, and capital reserves, in which event such excess cash shall be paid
2881to the commonwealth within 45 days of the end of said fiscal year, payable first to interest due
2882hereunder and thereafter to principal advanced pursuant to said loan; provided, that if on the date 133 of 177
2883said loans become due and payable to the commonwealth an outstanding balance exists and if, on
2884such date, the executive office of housing and livable communities in consultation with the
2885executive office of health and human services, determines that there still exists a need for such
2886housing and that there is continued funding available for the provision of services to such
2887development, said executive office may, by agreement with the owner of the development,
2888extend the loans for such periods, each period not to extend beyond 10 years, as the executive
2889office determines; provided, however, that the project, whether at the original property, or at an
2890alternative property pursuant to clause (3), shall remain affordable housing for the duration of the
2891loan term, as extended, as set forth in the contract or agreement entered into by the executive
2892office; and provided, further, that, in the event that the terms of repayment detailed in this item
2893would cause a project authorized by this item to become ineligible to receive federal funds which
2894would otherwise assist in the development of that project, the secretary may waive the terms of
2895repayment which would cause the project to become ineligible; (5) interest rates for said loans
2896shall be fixed at a rate, to be determined by the secretary for housing and livable communities in
2897consultation with the treasurer of the commonwealth, that shall be equal to the rate anticipated to
2898be that paid by the commonwealth for bonds issued pursuant to section 8 of this act; which
2899financing shall not exceed terms of 30 years; (6) said loans shall be provided only for projects
2900conforming to the provisions of this act; and (7) said loans shall be issued in accordance with a
2901facilities consolidation plan prepared by the secretary of health and human services, reviewed
2902and approved by the secretary of housing and livable communities and filed with the secretary
2903for administration and finance and the house and senate committees on ways and means;
2904provided, that no expenditures shall be made pursuant to this item without the prior approval of
2905the secretary for administration and finance; provided further, that not more than $10,000,000 134 of 177
2906shall be expended from this item for a pilot program of community-based housing loans to serve
2907mentally-ill homeless individuals in the current or former care of said department of mental
2908health; provided further, that in implementing said pilot program, said executive office shall take
2909due consideration of a balanced geographic plan when establishing community-based residences;
2910provided further, that said housing services made available pursuant to such loans shall not be
2911construed as a right or an entitlement for any individual or class of persons to the benefits of said
2912pilot program; and provided further, that eligibility for said pilot program shall be established by
2913regulations promulgated by said executive office. The executive office of housing and livable
2914communities is hereby authorized and directed to promulgate emergency regulations pursuant to
2915section 2 of chapter 30A of the General Laws for the implementation of the community-based
2916housing loan program and the mentally ill homeless pilot loan program authorized by this item,
2917consistent with the facilities consolidation plan prepared by the secretary of health and human
2918services and after consultation with said secretary and the commissioner of the division of capital
2919asset management and maintenance.……………………………………………….$50,000,000
2920 SECTION 45. Clause (2) of item 3722-8899 of section 2 of chapter 494 of the acts of
29211993 is hereby amended by striking out the words “provided, that said property shall not be
2922released from such restriction unless and until the balance of the principal and interest for said
2923loan is repaid in full or unless and until a mortgage foreclosure deed is recorded” and inserting in
2924place thereof the following words:- provided, that said property shall not be released from such
2925restriction unless and until: (i) the balance of the principal and interest for said loan has been
2926repaid in full; (ii) a mortgage foreclosure deed has been recorded; or (iii) there has been a
2927disposition of the property; provided, further that the executive office of housing and livable
2928communities shall determine that relevant clients will be better served at an alternative property 135 of 177
2929and the proceeds from the disposition of the property shall be used, to the extent necessary for
2930replacement of the housing at the property, for 1 or both of the following purposes: (A) to
2931acquire such alternative property; or (B) to rehabilitate such alternative property.
2932 SECTION 46. Clause (4) of said item 3722-8899 of said section 2 of said chapter 494 is
2933hereby amended by striking out the words “provided, that the project continues to remain
2934affordable housing as set forth in the contract or agreement entered into for the duration of the
2935project by the department” and inserting in place thereof the following words:- provided, that
2936that the project, whether at the original property, or at an alternative property pursuant to clause
2937(2), continues to remain affordable housing as set forth in the contract or agreement entered into
2938for the duration of the project by the executive office.
2939 SECTION 47. Said item 3722-8899 of said section 2 of said chapter 494 is hereby further
2940amended by striking out clauses (6) to (8), inclusive, and inserting in place thereof the following
2941clause:- and (6) the executive office shall take due consideration of a balanced geographic plan
2942for such alternative forms of housing when issuing said loans;.
2943 SECTION 48. The first paragraph of section 16 of chapter 179 of the acts of 1995 is
2944hereby amended by striking out the words “in the form of mobile vouchers” and inserting in
2945place thereof the following words:- in the form of either mobile vouchers or project-based
2946vouchers.
2947 SECTION 49. The second paragraph of section 12 of chapter 257 of the acts of 1998, as
2948amended by section 52 of chapter 235 of the acts of 2000, is hereby further amended by striking
2949out clause (2) and inserting in place thereof the following clause:- 136 of 177
2950 (2) such loans shall only be issued when a contract or agreement for the use of the
2951property for the purposes of such housing provides for the recording of a restriction in the
2952registry of deeds or the registry district of the land court in the county in which the affected real
2953property is located, for the benefit of the executive office of housing and livable communities,
2954running with the land, that the land be used for the purpose of providing alternative forms of
2955rental and ownership housing. Such property shall not be released from such restriction until: (i)
2956the balance of the principal and interest for any such loan has been repaid in full; (ii) a mortgage
2957foreclosure deed has been recorded; or (iii) there has been a disposition of the property;
2958provided, that the executive office shall determine that relevant clients will be better served at an
2959alternative property and the proceeds from the disposition of the property will be used, to the
2960extent necessary for replacement of the housing at the property, for 1 or both of the following
2961purposes: (A) to acquire such alternative property; or (B) to rehabilitate such alternative
2962property;.
2963 SECTION 50. Clause (3) of said section 12 of said chapter 257 , as so amended, is hereby
2964further amended by striking out the words “, provided that the project continues to remain
2965affordable housing as set forth in the contract or agreement entered into for the duration of the
2966project by the department” and inserting in place thereof the following words:- ; provided, that
2967the project, whether at the original property, or at an alternative property pursuant to clause (2),
2968continues to remain affordable housing as set forth in the contract or agreement entered into for
2969the duration of the project by the executive office.
2970 SECTION 51. Said section 12 of said chapter 257, as so amended, is hereby further
2971amended by striking out clauses (5) to (7), inclusive, and inserting in place thereof the following 137 of 177
2972clause:- and (5) said executive office shall take due consideration of a balanced geographic plan
2973for such alternative forms of housing when issuing such loans.
2974 SECTION 52. The second paragraph of section 5 of chapter 244 of the acts of 2002 is
2975hereby amended by striking out clause (2) and inserting in place thereof the following clause:-
2976 (2) such loans shall only be issued when a contract or agreement for the use of the
2977property for the purposes of such housing provides for the recording of a restriction in the
2978registry of deeds or the registry district of the land court in the county in which the affected real
2979property is located, for the benefit of the executive office of housing and livable communities,
2980running with the land, that the land be used for the purpose of providing alternative forms of
2981rental and ownership housing. Such property shall not be released from such restriction until: (i)
2982the balance of the principal and interest for any such loan has been repaid in full; (ii) a mortgage
2983foreclosure deed has been recorded; or (iii) there has been a disposition of the property;
2984provided, that the executive office shall determine that relevant clients will be better served at an
2985alternative property and the proceeds from the disposition of the property will be used, to the
2986extent necessary for replacement of the housing at the property, for 1 or both of the following
2987purposes: (A) to acquire such alternative property; or (B) to rehabilitate such alternative
2988property;.
2989 SECTION 53. Said second paragraph of said section 5 of said chapter 244 is hereby
2990further amended by striking out, in clause (3), the words “provided that the project continues to
2991remain affordable housing as set forth in the contract or agreement entered into for the duration
2992of the project by the department” and inserting in place thereof the following words:- ; provided,
2993that the project, whether at the original property, or at an alternative property pursuant to clause 138 of 177
2994(2), continues to remain affordable housing as set forth in the contract or agreement entered into
2995for the duration of the project by the executive office.
2996 SECTION 54. Said second paragraph of said section 5 of said chapter 244 is hereby
2997further amended by striking out clauses (5) to (7), inclusive, and inserting in place thereof the
2998following clause:- and (5) said executive office shall take due consideration of a balanced
2999geographic plan for such alternative forms of housing when issuing such loans.
3000 SECTION 55. Item 4000-8200 of section 2E of chapter 290 of the acts of 2004, as
3001amended by section 20 of chapter 6 of the acts of 2005, is hereby further amended by striking out
3002clause (2) and inserting in place thereof the following clause:-
3003 (2) said loans shall be issued only when any contract or agreement for the use of said
3004property for the purposes of such housing provides for repayment to the commonwealth at the
3005time of disposition of the property if such property will no longer be subject to a recorded deed
3006restriction pursuant to clause (3); provided, however, that such repayment shall be an amount
3007equal to the commonwealth’s proportional contribution from the Facilities Consolidation Fund to
3008the cost of the development through payments made by the state agency making the contract;
3009provided, further, that such repayment shall not be required if the executive office of housing and
3010livable communities, in consultation with the department of mental health and the department of
3011developmental services, determines that relevant clients will be better served at an alternative
3012property and the proceeds from the disposition of the property will be used, to the extent
3013necessary for replacement of the housing at the property, for 1 or both of the following purposes:
3014(A) to acquire such alternative property; or (B) to rehabilitate such alternative property;. 139 of 177
3015 SECTION 56. Clause (3) of said item 4000-8200 of said section 2E of said chapter 290,
3016as so amended, is hereby amended by striking out the words “provided, that the property shall
3017not be released from such restrictions until the balance of the principal and interest for the loan is
3018repaid in full or until a mortgage foreclosure deed is recorded” and inserting in place thereof the
3019following words:- provided, that the property shall not be released from such restrictions unless:
3020(i) the balance of the principal and interest for the loan has been repaid in full; (ii) a mortgage
3021foreclosure deed has been recorded; or (iii) the executive office of housing and livable
3022communities has determined, pursuant to clause (2), that repayment to the commonwealth is not
3023required.
3024 SECTION 57. Clause (4) of said item 4000-8200 of said section 2E of said chapter 290,
3025as so amended, is hereby amended by striking out the words “provided, however, that the project
3026shall continue to remain affordable housing for the duration of the loan term, as extended, as set
3027forth in the contract or agreement entered into by the department” and inserting in place thereof
3028the following words:- provided, however, that the project, whether at the original property, or at
3029an alternative property pursuant to clause (3), shall continue to remain affordable housing for the
3030duration of the loan term, as extended, as set forth in the contract or agreement entered into by
3031the executive office.
3032 SECTION 58. Said item 4000-8200 of said section 2E of said chapter 290, as so
3033amended, is hereby further amended by striking out clauses (6) and (7).
3034 SECTION 59. Said item 4000-8200 of said section 2E of said chapter 290, as so
3035amended, is hereby further amended by striking out the figure “(8)” and inserting in place thereof
3036the following figure:- (6). 140 of 177
3037 SECTION 60. Said item 4000-8200 of said section 2E of said chapter 290, as so
3038amended, is hereby further amended by striking out the figure “(9)” and inserting in place thereof
3039the following figure:- (7).
3040 SECTION 61. Said item 4000-8200 of said section 2E of said chapter 290, as so
3041amended, is hereby further amended by striking out the figure “(10)” and inserting in place
3042thereof the following figure:- (8).
3043 SECTION 62. Item 4000-8201 of said section 2E of said chapter 290 is hereby amended
3044by striking out clause (2) and inserting in place thereof the following clause:-
3045 (2) said loans shall be issued only when any contract or agreement for the use of said
3046property for the purposes of such housing provides for repayment to the commonwealth at the
3047time of disposition of the property if such property will no longer be subject to a recorded deed
3048restriction pursuant to clause (3); provided, however, that such repayment shall be an amount
3049equal to the commonwealth’s proportional contribution from this item to the cost of the
3050development through payments made by the state agency making the contract; provided, further,
3051that such repayment shall not be required if the executive office of housing and livable
3052communities, in consultation with the Massachusetts rehabilitation commission, determines that
3053relevant clients will be better served at an alternative property and the proceeds from the
3054disposition of the property will be used, to the extent necessary for replacement of the housing at
3055the property, for 1 or both of the following purposes: (A) to acquire such alternative property; or
3056(B) to rehabilitate such alternative property.
3057 SECTION 63. Clause (3) of said item 4000-8201 of said section 2E of said chapter 290 is
3058hereby amended by striking out the words “provided further, that the property shall not be 141 of 177
3059released from such restrictions until the balance of the principal and interest for the loan is repaid
3060in full or until a mortgage foreclosure deed is recorded” and inserting in place thereof the
3061following words:- provided further, that the property shall not be released from such restrictions
3062unless: (A) the balance of the principal and interest for the loan has been repaid in full; (B) a
3063mortgage foreclosure deed has been recorded; or (C) the executive office of housing and livable
3064communities has determined, pursuant to clause (2), that repayment to the commonwealth is not
3065required.
3066 SECTION 64. Clause (4) of said item 4000-8201 of said section 2E of said chapter 290 is
3067hereby amended by striking out the words “provided, however, that the project shall continue to
3068remain affordable housing for the duration of the loan term, as extended, as set forth in the
3069contract or agreement entered into by the department” and inserting in place thereof the
3070following words:- provided, however, that the project, whether at the original property, or at an
3071alternative property pursuant to clause (2), shall continue to remain affordable housing for the
3072duration of the loan term, as extended, as set forth in the contract or agreement entered into by
3073the executive office.
3074 SECTION 65. Said item 4000-8201 of said section 2E of said chapter 290 is hereby
3075further amended by striking out clauses (6) and (7).
3076 SECTION 66. Said item 4000-8201 of said section 2E of said chapter 290 is hereby
3077further amended by striking out the figure “(8)” and inserting in place thereof the following
3078figure:- (6). 142 of 177
3079 SECTION 67. Said item 4000-8201 of said section 2E of said chapter 290 is hereby
3080further amended by striking out the figure “(9)” and inserting in place thereof the following
3081figure:- (7).
3082 SECTION 68. Said item 4000-8201 of said section 2E of said chapter 290 is hereby
3083further amended by striking out the figure “(10)” and inserting in place thereof the following
3084figure:- (8).
3085 SECTION 69. Item 7004-7013 of said section 2E of said chapter 290, as amended by
3086section 21 of chapter 6 of the acts of 2005, is hereby further amended by inserting after the figure
3087“2002” the following words:- , as amended.
3088 SECTION 70. Section 5 of chapter 293 of the acts of 2006is hereby amended by inserting
3089after the definition of “Economic development project” the following definition:-
3090 “Eligible housing increment”, a new residential unit that may either be a single-family
3091house or 1 dwelling unit in a building or development containing 2 or more dwelling units,
3092which dwelling units may be rental units or units in a condominium or cooperative, or a
3093combination of any of the foregoing, and that is created as part of an economic development
3094project and pursuant to an infrastructure development assistance agreement approved by the
3095secretary under this act.
3096 SECTION 71. Said section 5 of said chapter 293 is hereby further amended by striking
3097out the definition of “New revenue” and inserting in place thereof the following definition:-
3098 “New revenue”, revenue derived from a commercial or residential component of an
3099economic development project by the creation of any eligible new jobs or eligible housing 143 of 177
3100increments or by new economic activity that would otherwise not have taken place in the
3101commonwealth on said commercial component or on, or as a result of, said residential
3102component, as each may be more fully defined by any rules, regulations or guidelines
3103promulgated by the secretary or the commissioner.
3104 SECTION 72. The definition of “New state tax revenues” in said section 5 of said chapter
3105293 is hereby amended by inserting after the word “components” the following words:- or on
3106account of the residential components.
3107 SECTION 73. Said section 5 of said chapter 293, is hereby further amended by inserting
3108after the definition of “Public infrastructure improvements” the following definition:-
3109 “Residential component”, any component of an economic development project
3110comprising 1 or more eligible housing increments, as more fully described in, or determined in
3111accordance with, a certified economic development project.
3112 SECTION 74. Clause (iv) of subsection (a) of section 7 of said chapter 293 is hereby
3113amended by inserting after the words “each commercial” the following words:- or residential.
3114 SECTION 75. Said clause (iv) of said subsection (a) of said section 7 of said chapter 293
3115is hereby further amended by inserting after the words “all commercial” the following words:-
3116and residential.
3117 SECTION 76. Clause (i) of subsection (c) of said section 7 of said chapter 293 is hereby
3118amended by inserting after the word “commercial” the following words:- and residential.
3119 SECTION 77. Subsection (e) of said section 7 of said chapter 293, inserted by section 7
3120of chapter 129 of the acts of 2008, is hereby amended by inserting after the word “met” the 144 of 177
3121following words:- , and with respect to projects which include a residential component, shall give
3122priority to projects within any MBTA community as defined in section 1A of chapter 40A of the
3123General Laws; provided, that such MBTA community is in compliance with the requirements of
3124section 3A of said chapter 40A.
3125 SECTION 78. Subsection (a) of section 10 of said chapter 293, as amended by section 10
3126of said chapter 129, is hereby further amended by inserting after the words “the commercial” the
3127following words:- or residential.
3128 SECTION 79. Said subsection (a) of said section 10 of said chapter 293, as so amended,
3129is hereby further amended by inserting after the words “each commercial”, each time they
3130appear, the following words:- or residential.
3131 SECTION 80. Subsection (b) of said section 10 of said chapter 293, as amended by
3132section 11 of said chapter 129, is hereby further amended by inserting after the word
3133“commercial”, each time it appears, the following words:- or residential.
3134 SECTION 81. Subsection (c) of said section 10 of said chapter 293 is hereby amended by
3135inserting after the words “commercial components”, each time they appear, the following
3136words:- or residential components.
3137 SECTION 82. Item 7004-0029 of section 2 of chapter 119 of the acts of 2008 is hereby
3138amended by striking out clause (2) and inserting in place thereof the following clause:-
3139 (2) be issued only when a contract or agreement for the use of the property for such
3140housing provides for repayment to the commonwealth at the time of disposition of the property if
3141such property will no longer be subject to a recorded deed restriction pursuant to clause (3); 145 of 177
3142provided, however, that such repayment shall be in an amount equal to the commonwealth’s
3143proportional contribution from the Facilities Consolidation Fund to the cost of the development
3144through payments made by the state agency making the contract; provided, further, that such
3145repayment shall not be required if the executive office of housing and livable communities, in
3146consultation with the department of mental health and the department of developmental services,
3147determines that relevant clients will be better served at an alternative property and the proceeds
3148from the disposition of the property will be used, to the extent necessary for replacement of the
3149housing at the property, for 1 or both of the following purposes: (A) to acquire such alternative
3150property; or (B) to rehabilitate such alternative property.
3151 SECTION 83. Clause (3) of said item 7004-0029 of said section 2 of said chapter 119 is
3152hereby amended by striking out the words “provided, that the property shall not be released from
3153such restriction until the balance of the principal and interest for the loan has been repaid in full
3154or until a mortgage foreclosure deed has been recorded” and inserting in place thereof the
3155following words:- provided, that the property shall not be released from such restriction unless:
3156(i) the balance of the principal and interest for the loan has been repaid in full; (ii) a mortgage
3157foreclosure deed has been recorded; or (iii) the executive office of housing and livable
3158communities has determined, pursuant to clause (2), that repayment to the commonwealth is not
3159required.
3160 SECTION 84. Clause (4) of said item 7004-0029 of said section 2 of said chapter 119 is
3161hereby amended by striking out the words “provided, however, that the project shall remain
3162affordable housing for the duration of the loan term, including any extension thereof, as set forth
3163in the contract or agreement entered into by the department” and inserting in place thereof the
3164following words:- provided, however, that the project, whether at the original property, or at an 146 of 177
3165alternative property pursuant to clause (3), shall remain affordable housing for the duration of the
3166loan term, including any extension thereof, as set forth in the contract or agreement entered into
3167by the executive office.
3168 SECTION 85. Clause (5) of said item 7004-0029 of said section 2 of said chapter 119 is
3169hereby amended by striking out the following words:- provided further, that expenditures from
3170this item shall not be made for the purpose of refinancing outstanding mortgage loans for
3171community-based housing in existence prior to the effective date of this act; provided further,
3172that community-based housing projects developed pursuant to this item shall not be refinanced
3173during the term of any loan issued pursuant to this item unless the balance of the principal and
3174interest for such loan has been repaid in full at the time of such refinancing; provided further,
3175that the community-based housing projects may be refinanced if the refinancing would result in a
3176reduction of costs paid by the commonwealth; provided further, that a refinanced loan shall be
3177due and payable on a date not later than the date on which the original loan was due and payable,
3178except in accordance with clause (4) when necessary to effect extraordinary repairs or
3179maintenance which shall be approved by the commissioner of mental retardation or the
3180commissioner of mental health, as the case may be, and the department;.
3181 SECTION 86. Item 7004-0030 of said section 2 of said chapter 119 is hereby amended
3182by striking out clause (2) and inserting in place thereof the following clause:-
3183 (2) be issued only when a contract or agreement for the use of the property for the
3184purposes of such housing provides for repayment to the commonwealth at the time of disposition
3185of the property if such property will no longer be subject to a recorded deed restriction pursuant
3186to clause (3); provided, however, that such repayment shall be in an amount equal to the 147 of 177
3187commonwealth’s proportional contribution from community-based housing to the cost of the
3188development through payments made by the state agency making the contract; provided, further,
3189that such repayment shall not be required if the executive office of housing and livable
3190communities, in consultation with the Massachusetts rehabilitation commission, determines that
3191relevant clients will be better served at an alternative property and the proceeds from the
3192disposition of the property will be used, to the extent necessary for replacement of the housing at
3193the property, for 1 or both of the following purposes: (A) to acquire such alternative property; or
3194(B) to rehabilitate such alternative property;.
3195 SECTION 87. Clause (3) of said item 7004-0030 of said section 2 of said chapter 119 is
3196hereby amended by striking out the words “provided further, that the property shall not be
3197released from such restrictions until the balance of the principal and interest for the loan has been
3198repaid in full or until a mortgage foreclosure deed has been recorded” and inserting in place
3199thereof the following words:- provided further, that the property shall not be released from such
3200restrictions unless: (A) the balance of the principal and interest for the loan has been repaid in
3201full; (B) a mortgage foreclosure deed has been recorded; or (C) the executive office of housing
3202and livable communities has determined, pursuant to clause (2), that repayment to the
3203commonwealth is not required.
3204 SECTION 88. Clause (4) of said item 7004-0030 of said section 2 of said chapter 119 is
3205hereby amended by striking out the words “provided, however, that the project shall continue to
3206remain affordable housing for the duration of the loan term, including any extensions thereof, as
3207set forth in the contract or agreement entered into by the department” and inserting place thereof
3208the following words:- provided, however, that the project, whether at the original property, or at
3209an alternative property pursuant to clause (2), shall continue to remain affordable housing for the 148 of 177
3210duration of the loan term, including any extensions thereof, as set forth in the contract or
3211agreement entered into by the executive office.
3212 SECTION 89. Said item 7004-0030 of said section 2 of said chapter 119 is hereby further
3213amended by striking out clause (5) and inserting in place thereof the following clause:-
3214 (5) have interest rates fixed at a rate, to be determined by the executive office, in
3215consultation with the state treasurer; provided, that the loans shall be issued in accordance with
3216an enhancing community-based services plan prepared by the secretary of health and human
3217services, in consultation with the executive office and filed with the secretary for administration
3218and finance and the house and senate committees on ways and means and the joint committee on
3219housing; provided further, that no expenditure shall be made from this item without the prior
3220approval of the secretary for administration and finance; provided further, that the executive
3221office shall promulgate regulations pursuant to chapter 30A of the General Laws for the
3222implementation, administration and enforcement of this item, consistent with the enhancing
3223community-based services plan prepared by the secretary of health and human services after
3224consultation with the secretary and the commissioner of capital asset management and
3225maintenance.
3226 SECTION 90. Sections 30, 36 and 98 of chapter 238 of the acts of 2012 are hereby
3227repealed.
3228 SECTION 91. Item 7004-0040 of section 2 of chapter 129 of the acts of 2013 is hereby
3229amended by striking out clause (ii) and inserting in place thereof the following clause:-
3230 (ii) be issued only when a contract or agreement for the use of the property for such
3231housing provides for repayment to the commonwealth at the time of disposition of the property if 149 of 177
3232such property will no longer be subject to a recorded deed restriction pursuant to clause (iii);
3233provided, however, that such repayment shall be in an amount equal to the commonwealth’s
3234proportional contribution from the Facilities Consolidation Fund to the cost of the development
3235through payments made by the state agency making the contract; provided, further, that such
3236repayment shall not be required if the executive office of housing and livable communities, in
3237consultation with the department of mental health and the department of developmental services,
3238determines that relevant clients will be better served at an alternative property and the proceeds
3239from the disposition of the property will be used, to the extent necessary for replacement of the
3240housing at the property, for 1 or both of the following purposes: (A) to acquire such alternative
3241property; or (B) to rehabilitate such alternative property;.
3242 SECTION 92. Clause (iii) of said item 7004-0040 of said section 2 of said chapter 129 is
3243hereby amended by striking out the words “provided, however, that the property shall not be
3244released from such restriction until the balance of the principal and interest for the loan has been
3245repaid in full or until a mortgage foreclosure deed has been recorded” and inserting in place
3246thereof the following words:- provided, however, that the property shall not be released from
3247such restriction unless: (A) the balance of the principal and interest for the loan has been repaid
3248in full; (B) a mortgage foreclosure deed has been recorded; or (C) the executive office of housing
3249and livable communities has determined, pursuant to clause (ii), that repayment to the
3250commonwealth is not required.
3251 SECTION 93. Clause (iv) of said item 7004-0040 of said section 2 of said chapter 129 is
3252hereby amended by striking out, in clause (iv), the words “provided further, that the project shall
3253remain affordable housing for the duration of the loan term, including any extension thereof, as
3254set forth in the contract or agreement entered into by the department” and inserting in place 150 of 177
3255thereof the following words:- provided further, that the project, whether at the original property,
3256or at an alternative property pursuant to clause (iii), shall remain affordable housing for the
3257duration of the loan term, including any extension thereof, as set forth in the contract or
3258agreement entered into by the executive office.
3259 SECTION 94. Item 7004-0041 of said section 2 of said chapter 129 is hereby amended
3260by striking out clause (ii) and inserting in place thereof the following clause:-
3261 (ii) be issued only when a contract or agreement for the use of the property for the
3262purposes of such housing provides for repayment to the commonwealth at the time of disposition
3263of the property if such property will no longer be subject to a recorded deed restriction pursuant
3264to clause (iii); provided, however, that such repayment shall be in an amount equal to the
3265commonwealth’s proportional contribution from community-based housing to the cost of the
3266development through payments made by the state agency making the contract; provided, further,
3267that such repayment shall not be required if the executive office of housing and livable
3268communities, in consultation with the Massachusetts rehabilitation commission, determines that
3269relevant clients will be better served at an alternative property and the proceeds from the
3270disposition of the property will be used, to the extent necessary for replacement of the housing at
3271the property, for 1 or both of the following purposes: (A) to acquire such alternative property; or
3272(B) to rehabilitate such alternative property;.
3273 SECTION 95. Clause (iii) of said item 7004-0041 of said section 2 of said chapter 129 is
3274hereby amended by striking out the words “provided, however, that the property shall not be
3275released from such restrictions until the balance of the principal and interest for the loan has been
3276repaid in full or until a mortgage foreclosure deed has been recorded” and inserting in place 151 of 177
3277thereof the following words:- provided however, that the property shall not be released from
3278such restrictions unless: (A) the balance of the principal and interest for the loan has been repaid
3279in full; (B) a mortgage foreclosure deed has been recorded; or (C) the executive office of housing
3280and livable communities has determined, pursuant to clause (ii), that repayment to the
3281commonwealth is not required.
3282 SECTION 96. Clause (iv) of said item 7004-0041 of said section 2 of said chapter 129 is
3283hereby amended by striking out the words “provided, however, that the project shall continue to
3284remain affordable housing for the duration of the loan term, including any extensions thereof, as
3285set forth in the contract or agreement entered into by the department” and inserting place thereof
3286the following words:- provided, however, that the project, whether at the original property, or at
3287an alternative property pursuant to clause (ii), shall continue to remain affordable housing for the
3288duration of the loan term, including any extensions thereof, as set forth in the contract or
3289agreement entered into by the executive office.
3290 SECTION 97. Item 7004-0050 of section 2 of chapter 99 of the acts of 2018 is hereby
3291amended by striking out clause (ii) and inserting in place thereof the following clause:-
3292 (ii) not be issued unless a contract or agreement for the use of the property for such
3293housing provides for repayment to the commonwealth at the time of disposition of the property if
3294such property will no longer be subject to a recorded deed restriction pursuant to clause (iii);
3295provided, however, that such repayment shall be in an amount equal to the commonwealth’s
3296proportional contribution from the Facilities Consolidation Fund to the cost of the development
3297through payments made by the state agency making the contract; provided, further, that such
3298repayment shall not be required if the executive office of housing and livable communities, in 152 of 177
3299consultation with the department of mental health and the department of developmental services,
3300determines that relevant clients will be better served at an alternative property and the proceeds
3301from the disposition of the property will be used, to the extent necessary for replacement of the
3302housing at the property, for 1 or both of the following purposes: (A) to acquire such alternative
3303property; or (B) to rehabilitate such alternative property.
3304 SECTION 98. Said item 7004-0050 of said section 2 of said chapter 99 is hereby further
3305amended by striking out the words “until the balance of the principal and interest for the loan has
3306been repaid in full or until a mortgage foreclosure deed has been recorded” and inserting in place
3307thereof the following words:- unless: (A) the balance of the principal and interest for the loan has
3308been repaid in full; (B) a mortgage foreclosure deed has been recorded; or (C) the executive
3309office of housing and livable communities has determined, pursuant to clause (ii) of this item,
3310that repayment to the commonwealth is not required.
3311 SECTION 99. Said item 7004-0050 of said section 2 of said chapter 99 is hereby further
3312amended by striking out the words “shall remain affordable housing for the duration of the loan
3313term, including any extension thereof, as set forth in the contract or agreement entered into by
3314the department” and inserting in place thereof the following words:-, whether at the original
3315property, or at an alternative property pursuant to clause (iii), shall remain affordable housing for
3316the duration of the loan term, including any extension thereof, as set forth in the contract or
3317agreement entered into by the executive office.
3318 SECTION 100. Item 7004-0051 of said section 2 of said chapter 99 is hereby amended
3319by striking out clause (ii) and inserting in place thereof the following clause:- 153 of 177
3320 (ii) not be issued unless a contract or agreement for the use of the property for the
3321purposes of such housing provides for repayment to the commonwealth at the time of disposition
3322of the property if such property will no longer be subject to a recorded deed restriction pursuant
3323to clause (iii); provided, however, that such repayment shall be in an amount equal to the
3324commonwealth’s proportional contribution from community-based housing to the cost of the
3325development through payments made by the state agency making the contract; provided, further,
3326that such repayment shall not be required if the executive office of housing and livable
3327communities, in consultation with the Massachusetts rehabilitation commission, determines that
3328relevant clients will be better served at an alternative property and the proceeds from the
3329disposition of the property will be used, to the extent necessary for replacement of the housing at
3330the property, for 1 or both of the following purposes: (A) to acquire such alternative property; or
3331(B) to rehabilitate such alternative property;.
3332 SECTION 101. Said item 7004-0051 of said section 2 of said chapter 99 is hereby further
3333amended by striking out the words “until the balance of the principal and interest for the loan has
3334been repaid in full or until a mortgage foreclosure deed has been recorded” and inserting in place
3335thereof the following words:- unless: (A) the balance of the principal and interest for the loan has
3336been repaid in full; (B) a mortgage foreclosure deed has been recorded; or (C) the executive
3337office of housing and livable communities has determined, pursuant to clause (ii), that repayment
3338to the commonwealth is not required.
3339 SECTION 102. Said item 7004-0051 of said section 2 of said chapter 99 is hereby further
3340amended by striking out the words “shall continue to remain affordable housing for the duration
3341of the loan term, including any extensions thereof, as set forth in the contract or agreement
3342entered into by the department” and inserting place thereof the following words:-, whether at the 154 of 177
3343original property, or at an alternative property pursuant to clause (ii), shall continue to remain
3344affordable housing for the duration of the loan term, including any extensions thereof, as set
3345forth in the contract or agreement entered into by the executive office.
3346 SECTION 103. (a) For the purposes of this section, the following words shall, unless the
3347context clearly requires otherwise, have the following meanings:
3348 “Development cost”, an expenditure directly related to the construction or substantial
3349rehabilitation of a municipal conversion project, including the cost of site assessment and
3350remediation of hazardous materials, but excluding the purchase of the property.
3351 “Executive office”, the executive office of housing and livable communities.
3352 “Substantial rehabilitation”, the necessary major redevelopment, repair and renovation of
3353a property, including, but not limited to, site assessment and remediation of hazardous materials,
3354but excluding the purchase of the property, as determined by the executive office.
3355 (b) The executive office shall establish a municipal conversion project competitive grant
3356program for municipalities to apply for grants to assist with the development costs of converting
3357commercial property into residential housing, including, but not limited to, commercial buildings
3358located on main streets or in downtown municipal areas, commercial centers and office parks.
3359 (c)(1) A municipality may apply to the executive office for funds for the development
3360costs of capital projects to convert commercial properties.
3361 (2) The executive office shall determine the criteria for the award of grants to
3362municipalities pursuant to subsection (b), including, but not limited to, criteria for: (i) the
3363substantial rehabilitation to convert a building for primary multi-unit residential use; (ii) the 155 of 177
3364amount of market rate units, upon completion of the conversion, to be sold or leased; and (iii)
3365additional factors to be considered, including, but not limited to: (A) proximity to transportation
3366and transit; and (B) parking, if applicable.
3367 (3) The executive office shall review applications from a municipality for a grant for the
3368development costs of municipal conversion projects, on a form prescribed by the executive
3369office.
3370 (d) The executive office shall promulgate rules or regulations for administering the grant
3371program, including, but not limited to, regulations pertaining to: (i) criteria pursuant to paragraph
3372(2) of subsection (c); (ii) the amounts of each award of funds to a municipality; (iii) the use of
3373funds for conversion projects; (iv) the eligibility of developers to conduct such projects; and (v)
3374the revocation of a grant for an uncompleted project.
3375 (e) Annually, not later than December 1, the executive office shall report to the clerks of
3376the house of representatives and the senate, the house and senate committees on ways and means,
3377the joint committee on housing and the joint committee on bonding, capital expenditures and
3378state assets on amounts awarded to municipalities for qualified projects pursuant to subsection
3379(b), delineated by municipality and including for each qualified project, the total grant amount, a
3380description of the project and the status of the project.
3381 SECTION 104. Notwithstanding any general or special law, or any rule or regulation to
3382the contrary, the architectural access board, established pursuant to section 13A of chapter 22 of
3383the General Laws, shall determine the value of any multiple dwelling, as defined in 521 CMR
33845.00, that is owned, constructed or renovated by a housing authority, as defined in section 1 of
3385chapter 121B of the General Laws, by a replacement cost that is determined by and reflected in 156 of 177
3386the executive office of housing and livable communities’ Capital Planning System survey and
3387database for state-funded public housing. For such buildings that are not included in the survey
3388and database, the replacement cost shall be calculated by the executive office based on the
3389replacement cost for comparable facilities that are included in the survey and database. The
3390executive office shall supplement the survey and database on file with the architectural access
3391board for any such building by preparing and filing documentation identifying the replacement
3392cost for the building and the method by which it was calculated.
3393 SECTION 105. (a) As used in this section and sections 106 and 107, the following words
3394shall, unless the context clearly requires otherwise, have the following meanings:
3395 “Affordable housing purposes”, development of multi-family housing, of which either: (i)
3396not less than 25 per cent shall be affordable to households with incomes at or below 80 per cent
3397of the area median income, adjusted for household size; or (ii) not less than 20 per cent shall be
3398affordable to households with incomes at or below 50 per cent of the area median income,
3399adjusted for household size; provided, that affordable housing purposes may include subsequent
3400conveyance by a public agency, other than a state agency, with a restriction for affordable
3401housing purposes.
3402 “Commissioner”, the commissioner of capital asset management and maintenance.
3403 “Housing purposes”, development of housing for use as the primary residence of the
3404occupant, including, but not limited to, market rate housing, affordable housing and public
3405housing; provided, that housing purposes may include subsequent conveyance by a public
3406agency, other than a state agency, with a restriction for housing purposes; and provided further,
3407that housing purposes shall include affordable housing purposes. 157 of 177
3408 “Public agency”, as defined in section 1 of chapter 7C of the General Laws; provided,
3409that “public agency” shall include the Massachusetts Department of Transportation, the
3410Massachusetts Bay Transportation Authority and the University of Massachusetts Building
3411Authority; provided, however, that public agency shall not include cities, towns or counties, or
3412any boards, committees, commissions or other instrumentalities thereof; and provided further,
3413that public agency shall not include any agency that is a state agency.
3414 “Public institution of higher education”, as set forth in section 5 of chapter 15A of the
3415General Laws.
3416 “Real property”, as defined in said section 1 of said chapter 7C.
3417 “Real property of the commonwealth”, real property of a state agency consistent with
3418chapter 7C.
3419 “Real property of a public agency”, as defined in section 32 of chapter 7C.
3420 “Secretary”, the secretary of administration and finance.
3421 “State agency”, as defined in said section 1 of said chapter 7C; provided, however, that
3422state agency shall not include counties.
3423 “Surplus real property”, (i) real property of the commonwealth that has been determined
3424by the commissioner: (A) to be surplus to the current and foreseeable needs of the
3425commonwealth pursuant to clause (i) of paragraph (2) of subsection (b); or (B) to be surplus to
3426the current and foreseeable needs of any state agency pursuant to section 33 or 34 of said chapter
34277C; or (ii) real property of a public agency determined by the commissioner to be surplus to the
3428current and foreseeable needs of the public agency, as determined by the public agency; 158 of 177
3429provided, however, that surplus real property shall not include property subject to Article XCVII
3430of the Amendments to the Constitution of the Commonwealth.
3431 (b)(1) Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the General Laws,
3432or any other general or special law to the contrary, the commissioner may sell, lease for a term
3433not to exceed 99 years, transfer or otherwise dispose of surplus real property of the
3434commonwealth or surplus real property of a public agency for housing purposes.
3435 (2)(i) The commissioner may, in consultation with the secretary and the secretary of
3436housing and livable communities, determine that real property of the commonwealth is surplus
3437real property and shall be disposed of for housing purposes; provided, that prior to determining
3438that the real property is surplus real property, the commissioner shall provide a suitable written
3439notice and inquiry to the state agency with care and control of the real property, with a date
3440certain required for any response. If no written response is timely received from the state agency
3441specifying a current or foreseeable need for the real property, the commissioner shall declare
3442such real property as surplus real property and dispose of such real property for housing
3443purposes. If a written response is timely received from the state agency specifying a current or
3444foreseeable need for the real property, the commissioner shall, in consultation with the secretary,
3445the secretary of housing and livable communities and such state agency, determine whether the
3446real property shall be declared surplus real property and disposed of for housing purposes.
3447 (ii) Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the General Laws, or
3448any other general or special law to the contrary, if real property of the commonwealth is
3449determined to be surplus to the current needs, but not to the foreseeable needs, of any state
3450agency, the commissioner shall take such necessary action to ensure that any disposition of the 159 of 177
3451real property is temporary and maintains the commissioner’s ability to make such real property
3452available to a state agency, as needed.
3453 (iii) Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the General Laws, or
3454any other general or special law to the contrary, the commissioner may, in consultation with the
3455secretary and the secretary of housing and livable communities, make real property of the
3456commonwealth that has been determined to be surplus to the current needs, but not the
3457foreseeable needs, of any state agency available for a period of time not to extend beyond the
3458foreseeable need of any state agency for housing and related purposes to municipalities, public
3459agencies and non-profit organizations for nominal consideration.
3460 (3) The chancellor or president of any public institution of higher education may, with the
3461approval of the commissioner of higher education, determine that property of any public
3462institution of higher education is surplus to the current and foreseeable needs of such institution
3463and the commissioner may dispose of such property for housing purposes without approval by
3464the institution’s board of trustees.
3465 (4)(i) The governor may identify parcels of land owned or controlled by a public agency,
3466and any buildings or improvements thereon, as potentially surplus real property by submitting a
3467written notice to the public agency. Within 30 days of receipt of the notice, the public agency
3468shall determine whether such real property is surplus to its current and foreseeable needs. If the
3469public agency determines that the real property is not surplus to its current and foreseeable needs,
3470such public agency shall respond in writing not later than 30 days after receipt of a request by the
3471governor, specifying the reason for its determination. 160 of 177
3472 (ii) The commissioner may, in consultation with the secretary and the secretary of
3473housing and livable communities, enter into agreements with a public agency to dispose of
3474surplus real property of the public agency for housing purposes; provided, that the commissioner
3475shall not be required to determine if the real property of the public agency is surplus to the
3476current and foreseeable needs of the commonwealth and shall not be required to provide written
3477notice and inquiry to any public agency.
3478 (c) Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the General Laws, or
3479any other general or special law to the contrary, the commissioner may amend a use restriction
3480held by the commonwealth for general municipal purposes or any other purpose, except those
3481purposes subject to Article XCVII of the Amendments to the Constitution of the Commonwealth,
3482to include housing purposes.
3483 (d)(1) Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the General Laws,
3484or any other general or special law to the contrary, if the commissioner, in consultation with the
3485secretary and the secretary of housing and livable communities, determines that real property is
3486surplus real property pursuant to clause (i) of paragraph (2) of subsection (b) or the
3487commissioner enters into an agreement with a public agency pursuant to clause (ii) of paragraph
3488(4) of subsection (b), the commissioner shall: (i) provide written notice, for each city or town in
3489which the property is located, to the city manager in the case of a city under Plan E form of
3490government, the mayor and city council in the case of all other cities, the chair of the board of
3491selectmen or the select board in the case of a town, the county commissioners, the chair of the
3492zoning board of appeals, the chair of the planning board, the regional planning agency and the
3493members of the general court representing the city or town in which the property is located;
3494provided, that such notice shall include a statement that the proposed reuse of the property is for 161 of 177
3495housing purposes, with a date certain for any response that shall be not less than 30 days from
3496the date of such notice; (ii) following the date certain set forth in such notice, declare said real
3497property available for disposition and identify all reuse restrictions, including, but not limited to,
3498a restriction for housing purposes; and (iii) ensure that any deed, lease or other disposition
3499agreement shall set forth all reuse restrictions, including, but not limited to, a restriction for
3500housing purposes, provide for effective remedies on behalf of the commonwealth and provide, in
3501the event of a failure to comply with the reuse restrictions by the grantee, lessee or other
3502recipient, that title or such lesser interest as may have been conveyed, may revert to the
3503commonwealth. The commissioner shall, in identifying reuse restrictions for such property,
3504consider in good faith any comments presented by local officials and members of the general
3505court representing each city or town in which the property is located.
3506 (2) The commissioner shall, in consultation with the secretary of housing and livable
3507communities, dispose of surplus real property: (i) by utilizing appropriate competitive processes
3508and procedures; or (ii) through a sales-partnership agreement with the municipality wherein said
3509real property is located; provided, that the sales-partnership agreement shall require the
3510municipality to utilize appropriate competitive processes and procedures; provided, further, that
3511the sales-partnership agreement may require the municipality to conduct said competitive
3512processes and select a developer prior to disposition of the real property; provided, further, that
3513the commissioner may transfer the real property directly to the selected developer pursuant to the
3514sale-partnership agreement; and provided, further, that the sales-partnership agreement may
3515provide for payment to the municipality in an amount not to exceed 50 per cent of the net sales
3516price paid to the commonwealth, as determined by the commissioner. A competitive process
3517pursuant to clause (i) may include, but shall not be limited to, absolute auction, sealed bids and 162 of 177
3518requests for price and development proposals. The commissioner may accept any consideration
3519for surplus real property disposed of pursuant to this section deemed appropriate by the
3520commissioner and the secretary of housing and livable communities. The commissioner shall
3521prioritize disposition of surplus real property for affordable housing purposes.
3522 (3) Not less than 30 days before the date of an auction or the date on which bids or
3523proposals or other offers to purchase or lease surplus real property are due, the commissioner
3524shall place a notice in the central register published by the state secretary pursuant to section 20A
3525of chapter 9 of the General Laws stating the availability of such property, the nature of the
3526competitive process and other information deemed relevant, including the time and location of
3527the auction, the submission of bids or proposals and the opening thereof. The commissioner shall
3528not be required to place said notice if the property is conveyed: (i) to a municipality or developer
3529selected by a municipality in accordance with paragraph (2); or (ii) for nominal consideration in
3530accordance with clause (ii) of paragraph (2) of subsection (e).
3531 (4) All surplus real property shall be conveyed with a restriction for housing purposes.
3532The deed or other instrument conveying the surplus real property shall provide that said real
3533property shall be used solely for housing purposes.
3534 (5) The commissioner shall place a notice in the central register identifying the
3535municipality, public agency, individual or firm selected as party to such real property transaction,
3536along with the amount of such transaction. If the commissioner accepts an amount below the
3537value calculated pursuant to paragraph (1) of subsection (e), the commissioner shall include the
3538justification therefore, specifying the difference between the calculated value and the price
3539received. 163 of 177
3540 (e)(1) The commissioner shall establish the value of surplus real property using
3541customarily accepted appraisal methodologies. The value shall be calculated both for: (i) the
3542highest and best use of the property as may be encumbered; and (ii) subject to uses, restrictions
3543and encumbrances defined by the commissioner. In no instance in which the commonwealth
3544retains responsibility for maintaining the property shall the terms provide for payment of less
3545than the annual maintenance costs.
3546 (2)(i) Notwithstanding paragraph (1), the commissioner may, in consultation with the
3547secretary and the secretary of housing and livable communities, dispose of surplus real property
3548for nominal consideration; provided, that the surplus real property shall be conveyed with a
3549restriction for affordable housing purposes. The deed or other instrument conveying the surplus
3550real property shall provide that said property shall be used solely for affordable housing purposes
3551and may include a reversionary clause that stipulates that if the parcel ceases at any time to be
3552used for affordable housing purposes, title and the parcel shall, at the election of the
3553commonwealth, revert to the commonwealth.
3554 (ii) Notwithstanding any time limit established pursuant to section 7 of chapter 184A of
3555the General Laws, or any general or special law to the contrary, the reversionary clause may be
3556enforceable.
3557 (iii) The commissioner may, in consultation with the secretary and the secretary of
3558housing and livable communities, amend a use restriction held by the commonwealth to include
3559housing purposes.
3560 (f) Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the General Laws, or
3561any other general or special law to the contrary, the commissioner may, in consultation with the 164 of 177
3562secretary, the secretary of housing and livable communities and the state agency with care and
3563control of the real property, transfer care and control of real property between state agencies for
3564housing purposes.
3565 (g)(1) No agreement for the sale, lease, transfer or other disposition of surplus real
3566property and no deed, executed by or on behalf of the commonwealth, shall be valid unless such
3567agreement or deed contains the following certification, signed by the commissioner:
3568 “The undersigned certifies under penalties of perjury that I have fully complied with
3569requirements of law related to any real property described.”
3570 (2) No agreement for the sale, lease, transfer or other disposition of surplus real property
3571shall be valid unless the purchaser or lessee has executed and filed with the commissioner the
3572statement required by section 38 of chapter 7C of the General Laws.
3573 (h) The grantee or lessee of any surplus real property shall be responsible for all costs
3574relating to the conveyance, including, but not limited to, appraisals, surveys, plans, recordings
3575and any other expenses, as shall be deemed necessary by the commissioner.
3576 (i) The commissioner shall deposit the proceeds from any disposition of real property
3577pursuant to this section into the surplus real property disposition fund established in section 107.
3578 (j) The commissioner may, in consultation with the secretary of housing and livable
3579communities, promulgate regulations to implement this section.
3580 SECTION 106. (a) Notwithstanding chapter 40A of the General Laws, or any other
3581general or special law, or any local zoning ordinance or by-law or any municipal ordinance or
3582by-law to the contrary, a city or town shall permit the residential use of real property conveyed 165 of 177
3583by the commissioner pursuant to section 105 for housing purposes as of right, as defined in
3584section 1A of said chapter 40A, notwithstanding any use limitations otherwise applicable in the
3585zoning district in which the real property is located, including, but not limited to, commercial,
3586mixed-use development or industrial uses; provided, however, that the city or town may impose
3587reasonable regulations concerning the bulk and height of structures and determining yard sizes,
3588lot area, setbacks, open space and building coverage requirements; provided, further, that the city
3589or town may require site plan review; and provided, further, that the city or town shall permit no
3590fewer than 4 units of housing per acre.
3591 (b) Real property conveyed by the commissioner pursuant to section 105 shall include,
3592but shall not be limited to, the amendment of use restrictions held by the commonwealth to allow
3593for the use of such real property for housing purposes.
3594 (c) The secretary of housing and livable communities may promulgate regulations to
3595implement this section.
3596 SECTION 107. (a) There is hereby established a surplus real property disposition fund
3597for the proceeds from property dispositions pursuant to section 105, to be administered by the
3598secretary of administration and finance.
3599 (b) The fund shall be credited with: (i) the proceeds realized from the disposition of
3600surplus real property and the amendment of use restrictions pursuant to section 105; (ii) any
3601appropriation, grant, gift or other contribution made to the fund; and (iii) any interest earned on
3602money in the fund. Amounts credited to the fund shall not be subject to further appropriation and
3603money remaining in the fund at the end of a fiscal year shall not revert to the General Fund and
3604shall be available for expenditure in the subsequent fiscal year. 166 of 177
3605 (c) Amounts credited to the fund may be: (i) transferred by the secretary to the state
3606agency that had care and control of the land conveyed pursuant to section 105 if the real property
3607was conveyed for fair market value consideration in an amount equal to the net proceeds of the
3608disposition; (ii) transferred by the secretary to the state agency that had care and control of the
3609real property conveyed pursuant to section 105 if the real property was conveyed for
3610consideration less than fair market value in an amount equal to $10,000 per unit of housing
3611permitted by the city or town in which the real property is located or the net proceeds of the
3612disposition, whichever is greater; (iii) transferred by the secretary to a municipality in accordance
3613with a sales partnership agreement pursuant to section 105; or (iv) expended for costs associated
3614with the disposition of real property pursuant to section 105, including, but not limited to,
3615demolition, site preparation and environmental remediation; provided, that all money transferred
3616to a state agency pursuant to clauses (i) and (ii) shall be expended by the agency for capital
3617facility projects, as defined in section 1 of chapter 7C of the General Laws; and provided,
3618further, that all net proceeds from the disposition of surplus real property of a public agency
3619other than a state agency, as determined by the commissioner of capital asset management and
3620maintenance, shall be transferred to such public agency.
3621 SECTION 108. (a) Notwithstanding any general or special law to the contrary, not later
3622than 120 days after the expiration of affordability restrictions on housing units assisted under
3623items 7004-0070 and 7004-0071 of section 2, the executive office of housing and livable
3624communities or its assignee, who shall be a qualified developer selected pursuant to the terms of
3625said items 7004-0700 and 7004-0071 under the guidelines of the executive office, shall have an
3626option to purchase any such housing units at their current appraised value, reduced by any
3627remaining obligation of the owner, upon the expiration of the affordability restrictions. The 167 of 177
3628executive office or its assignee shall only purchase or acquire such housing units to preserve or
3629provide affordable housing. The executive office or its assignee shall hold such purchase option
3630for the first 120 days after the expiration of the affordability restrictions. Failure to exercise the
3631purchase option within 120 days after the expiration of the affordability restriction shall
3632constitute a waiver of the purchase option by the executive office or its assignee.
3633 (b) Not later than 30 days after the expiration of an affordability restriction pursuant to
3634subsection (a), the owner and the executive office shall each designate a professional in the field
3635of multi-unit residential housing. Each professional shall select an impartial appraiser. Not later
3636than 60 days after the expiration of the affordability restriction, the 2 impartial appraisers shall
3637determine the current appraised value in accordance with recognized professional standards. If
3638there is a difference in the valuations, the valuations shall be added together and divided by 2 to
3639determine the current appraised value of the units.
3640 (c) No sale, transfer or other disposition of the property shall be completed until either the
3641purchase option period has expired or the owner has been notified, in writing, by the executive
3642office or its assignee that the option will not be exercised. The option shall be exercised only by
3643written notice signed by a designated representative of the executive office or its assignee, sent to
3644the owner by certified mail at the address specified in the notice of intention and recorded with
3645the registry of deeds or the registry district of the land court of the county in which the affected
3646real property is located, within the option period. If the purchase option has been assigned to a
3647qualified developer selected pursuant to said items 7004-0070 and 7004-7071 of said section 2,
3648the written notice shall state the name and address of the developer and the terms and conditions
3649of the assignment. 168 of 177
3650 (d) Before any sale, transfer or other disposition of property for which the executive
3651office has not previously exercised an option to purchase, an owner shall offer the executive
3652office or its assignee, who shall be a qualified developer selected pursuant to said items 7004-
36530070 and 7004-0071 of said section 2, a first refusal option to meet a bona fide offer to purchase
3654the units. The owner shall provide to the executive office or its assignee written notice by regular
3655and certified mail, return receipt requested, of the owner’s intention to sell, transfer or otherwise
3656dispose of the property. The executive office or its assignee shall hold the first refusal option for
3657the first 120 days after receipt of the owner’s written notice of intent to transfer the property.
3658Failure to respond to the written notice of intent to sell, transfer or otherwise dispose of the
3659property within the 120-day period shall constitute a waiver of the right of first refusal by the
3660executive office. No sale, transfer or other disposition of the property shall be completed until
3661either the first refusal option period has expired or the owner has been notified in writing by the
3662executive office or its assignee that the option will not be exercised. The option shall be
3663exercised only by written notice signed by a designated representative of the executive office or
3664its assignee, sent to the owner by certified mail at the address specified in the notice of intention
3665and recorded with the registry of deeds or the registry district of the land court of the county in
3666which the affected real property is located, within the option period. If the first refusal option has
3667been assigned to a qualified developer selected pursuant to said items 7004-0070 and 7004-0071
3668of said section 2, the written notice shall state the name and address of the developer and the
3669terms and conditions of the assignment.
3670 (e) An affidavit before a notary public that the notice of intent was mailed on behalf of an
3671owner shall conclusively establish the manner and time of the giving of notice to sell, transfer or
3672otherwise dispose of the property. The affidavit and notice that the option shall not be exercised 169 of 177
3673shall be recorded with the registry of deeds or the registry district of the land court in the county
3674in which the affected real property is located. Each notice of intention, notice of exercise of the
3675purchase option or first refusal option and notice that the purchase option or first refusal option
3676shall not be exercised shall contain the name of the recorded owner of the property and a
3677reasonable description of the property to be sold or converted. Each affidavit signed before a
3678notary public shall have attached to it a copy of the notice of intention to which it relates. The
3679notices of intention shall be mailed to the relevant parties in the care of the keeper of the records
3680for the party in question. Upon notifying the owner in writing of its intention to exercise its
3681purchase option or first refusal option during the 120-day period, the executive office or its
3682assignee shall have an additional 120 days, beginning on the date the purchase option period or
3683first refusal option period expires, to purchase the units. The time periods may be extended by
3684mutual agreement between the executive office or its assignee and the owner of the property.
3685Any extension agreed upon shall be recorded in the registry of deeds or the registry district of the
3686land court of the county in which the affected real property is located. Within a reasonable time
3687after requesting an extension, the owner shall make available to the executive office or its
3688assignee any information that is reasonably necessary for the executive office to exercise its
3689option.
3690 SECTION 109. Notwithstanding any general or special law to the contrary, a private
3691entity engaged in a construction, development, renovation, remodeling, reconstruction,
3692rehabilitation or redevelopment project receiving funds pursuant to this act shall properly classify
3693individuals employed on the project and shall comply with all laws concerning workers’
3694compensation insurance coverage, unemployment insurance, social security taxes and income
3695taxes with respect to all such employees. All construction contractors engaged by a private entity 170 of 177
3696on any such project shall furnish documentation to the appointing authority showing that all
3697employees employed on the project have hospitalization and medical benefits that meet the
3698minimum requirements of the commonwealth health insurance connector established in chapter
3699176Q of the General Laws.
3700 SECTION 109A. (a) Notwithstanding any general or special law to the contrary, there
3701shall be a special commission to study and make recommendations on accessibility in housing
3702for persons with disabilities and seniors to increase the ability of individuals to live in a safe,
3703dignified and healthy environment in their residences. The special commission shall consider the
3704scope and positive impacts of longstanding accessibility standards.
3705 (b) The commission shall consist of: the secretary of housing and livable communities, or
3706a designee, who shall serve as chair; the executive director of the architectural access board
3707established in section 13A of chapter 22 of the General Laws, or a designee; the chairs of the
3708joint committee on housing; the executive director of the Massachusetts office on disability
3709established in section 185 of chapter 6 of the General Laws, or a designees; a representative
3710appointed by the statewide Independent Living Council; a representative of the Institute for
3711Human Centered Design, Inc.; a representative of NAIOP Massachusetts, Inc.; a representative
3712of the Disability Law Center, Inc.; a representative of the Arc Massachusetts, Inc.; and a
3713representative of the Massachusetts Association for Mental Health, Inc.
3714 (c) The commission shall: (i) examine accessibility features in residential housing that
3715benefit persons with disabilities and seniors, including, but not limited to, features for individuals
3716with physical, sensory, intellectual, mental health and neurodivergent disabilities; and (ii) review
3717the definition of accessibility in housing for persons with disabilities and seniors. The 171 of 177
3718commission shall review and consider the potential financial barriers and any impacts on
3719programs and consider the impact of climate change on housing for people with disabilities The
3720commission shall make recommendations, if any, including any recommendations related to 780
3721CMR.
3722 (d) Not later than June 30, 2025, the commission shall file a report and recommendations,
3723if any, with the clerks of the house of representatives and the senate and the joint committee on
3724housing.
3725 SECTION 109B. (a) There is hereby established a special commission to study and make
3726recommendations on expanding the supply of housing available and affordable to tenants with a
3727household income of not more than 30 per cent of the area median income, adjusted for
3728household size, as periodically determined by the United States Department of Housing and
3729Urban Development. The commission shall review and evaluate federal, state and local subsidies
3730that support the creation of housing for such tenants and make recommendations to increase the
3731supply of housing that is available and affordable to households earning not more than 30 per
3732cent of the area median income.
3733 (b) The commission shall review and consider the following: (i) the number of deeply
3734subsidized rental units targeted at families with incomes at or below 30 per cent of the area
3735median income and the percentage of those units that are accessible to persons with disabilities;
3736(ii) the number of families with such incomes per deeply subsidized rental unit; (iii) the gap
3737between median rents and the rent affordable to families with such incomes and an analysis of
3738whether existing housing subsidies are sufficient to bridge such gap; (iv) the ratio of households
3739with such incomes to unsubsidized units available at rents up to 50 per cent of such income; (v) 172 of 177
3740housing market factors such as vacancy rates, rate of rent increases and conversion of rental
3741housing to homeownership units; (vi) the impact of non-housing subsidies, including, but not
3742limited to, the earned income tax credit on cost burdens for working families; (vii) barriers to
3743accessing available housing, including racial and ethnic disparities in housing access; and (viii)
3744any other factors that the commission deems relevant.
3745 (c) The commission shall consist of the secretary of housing and livable communities, or
3746their designee, who shall serve as chair; the chairs of the joint committee on housing, or their
3747designees; the minority leader of the house of representatives, or a designee; the minority leader
3748of the senate, or a designee; the secretary of administration and finance, or a designee; the
3749secretary of health and human services, or a designee; a representative of the Citizens’ Housing
3750and Planning Association, Inc.; a representative of the Massachusetts Housing Partnership; a
3751representative of the Massachusetts Housing Finance Agency; a representative of the
3752Community Economic Development Assistance Corporation; a representative of the
3753Massachusetts Law Reform Institute; a representative of the Massachusetts Association of
3754Community Development Corporations; a representative of the Regional Housing Network; and
37555 members appointed by the governor, 1 of whom shall be a representative of a local housing
3756authority, 1 of whom shall be a representative of an advocacy organization representing tenants,
37571 of whom shall have expertise in affordable housing finance, 1 of whom shall have expertise in
3758nonprofit affordable housing development and 1 of whom shall have expertise in development of
3759permanent supportive housing.
3760 (d) Not later than June 30, 2025, the commission shall file its recommendations with the
3761clerks of the house of representatives and the senate and the joint committee on housing. 173 of 177
3762 SECTION 109C. Notwithstanding any general or special law to the contrary, all
3763contractors and subcontractors at any level engaged in a construction, development, renovation,
3764remodeling, reconstruction, rehabilitation or redevelopment project receiving funds pursuant to
3765items 7004-0074 and 7004-0075 of this act shall, at the time of bidding for the project, maintain
3766or participate in a bona fide apprentice program, as defined in section 11H of chapter 23 of the
3767General Laws and described in section 11I of said chapter 23, for each eligible apprenticeship
3768trade or occupation represented in their workforce that is approved by the division of apprentice
3769standards within the executive office of labor and workforce development, and shall register all
3770apprentices with the division and abide by the apprentice to journeyman ratio for each trade
3771prescribed therein in the performance of any work on the project. This provision does not require
3772the program to qualify as an employee welfare benefit plan under the federal Employee
3773Retirement Income Security Act of 1974, 29 U.S.C. §§1001-1461.
3774 SECTION 110. Notwithstanding any general or special law to the contrary, the
3775unexpended and unencumbered balances of the bond-funded authorizations in the following
3776accounts shall cease to be available for expenditure 180 days after the effective date of this act:
37773000-0410, 7002-8032, 7004-0049, 7004-0050, 7004-0051, 7004-0052, 7004-0053, 7004-0055,
37787004-0056, 7004-0057, 7004-0058, 7004-0059, 7004-0060, 7004-0061, 7004-0062, 7004-0064,
37797004-0065, 7004-0066, 7004-0067, 7004-8016, 7004-8026.
3780 SECTION 111. To meet the expenditures necessary in carrying out sections 2 and 2A,
3781inclusive, the state treasurer shall, upon request of the governor, issue and sell bonds of the
3782commonwealth in an amount to be specified by the governor from time to time but not
3783exceeding, in the aggregate, $6,251,986,900. All bonds issued by the commonwealth as aforesaid
3784shall be designated on their face, The Affordable Homes Act of 2024, and shall be issued for a 174 of 177
3785maximum term of years, not exceeding 30 years, as the governor may recommend to the general
3786court under section 3 of Article LXII of the Amendments to the Constitution; provided, however,
3787that all such bonds shall be payable not later than June 30, 2059. All interest and payments on
3788account of principal on such obligations shall be payable from the General Fund. Bonds and
3789interest thereon issued under the authority of this section shall, notwithstanding any other
3790provision of this act, be general obligations of the commonwealth. An amount not to exceed 2
3791per cent of the authorizations may be expended by the executive office of housing and livable
3792communities for administrative costs directly attributable to the purposes of this act, including
3793costs of clerical and support personnel. The secretary of housing and livable communities shall
3794file an annual spending plan detailing, by subsidiary, all personnel costs and any administrative
3795costs charged to expenditures made pursuant to this act with the fiscal affairs division within the
3796executive office for administration and finance, the house and senate committees on ways and
3797means, the joint committee on bonding, capital expenditures and state assets and the joint
3798committee on housing.
3799 SECTION 112. To meet the expenditures necessary in carrying out section 2B, the state
3800treasurer shall, upon request of the governor, issue and sell bonds in an amount to be specified by
3801the governor from time to time but not exceeding, in the aggregate, $250,000,000. All bonds
3802issued by the commonwealth as aforesaid shall be designated on their face The Affordable
3803Homes Act of 2024, and shall be issued for a maximum term of years, not exceeding 30 years, as
3804the governor may recommend to the general court pursuant to section 3 of Article LXII of the
3805Amendments to the Constitution; provided, however, that all such bonds shall be payable not
3806later than June 30, 2059. All interest and payments on account of principal on such obligations
3807shall be payable from the General Fund. Bonds and interest thereon issued under the authority of 175 of 177
3808this section shall, notwithstanding any other provision of this act, be general obligations of the
3809commonwealth. An amount not to exceed 2 per cent of the authorizations may be expended by
3810the executive office of housing and livable communities for administrative costs directly
3811attributable to the purposes of this act, including costs of clerical and support personnel. The
3812secretary of housing and livable communities shall file an annual spending plan with the fiscal
3813affairs division, the house and senate committees on ways and means, the house and senate
3814committees on bonding, capital expenditures and states assets and the joint committee on
3815housing which details, by subsidiary, all personnel costs and any administrative costs charged to
3816expenditures made pursuant to this act.
3817 SECTION 113. The rural and seasonal communities coordinating council, established in
3818section 32 of chapter 23B of the General Laws, inserted by section 5, shall submit an initial
3819report to the executive office of housing and livable communities and the joint committee on
3820housing not later than 180 days following appointment of its members.
3821 SECTION 114. Not later than 90 days after the effective date of this act, the secretary of
3822housing and livable communities, in consultation with the secretary of veterans’ services, shall
3823promulgate rules or regulations pursuant to subsection (e) of section 36 of chapter 23B of the
3824General Laws, inserted by section 5.
3825 SECTION 115. The executive office of housing and livable communities shall report on
3826all expenditures from the Massachusetts healthy homes program established pursuant to section
382734 of chapter 23B of the General Laws, inserted by section 5, and the Massachusetts healthy
3828homes program fund established pursuant to section 35 of said chapter 23B, inserted by section
38295, to the clerks of the house of representatives and the senate, the joint committee on housing and 176 of 177
3830the house and senate committees on ways and means not later than 18 months after the effective
3831date of this act. The report shall include: (i) the number of projects completed through the
3832Massachusetts healthy homes program addressing habitability concerns; (ii) the locations
3833throughout the commonwealth; (iii) the total amount of grants or loans authorized; (iv) the
3834number of projects using existing home repair programs; and (v) the breakdown of landlord-
3835owned properties and owner-occupied properties. The executive office shall make the report
3836publicly available on its website.
3837 SECTION 116. Not later than 180 days after the effective date of this act, the executive
3838office of housing and livable communities shall promulgate guidance or regulations pursuant to
3839subsection (g) of section 34 of chapter 23B of the General Laws, as inserted by section 5.
3840 SECTION 117. Section 37 of chapter 23B of the General Laws, inserted by section 5,
3841subsection (ee) of section 6 of chapter 62 of the General Laws, inserted by section 14, sections
384215, 16, and 18 and sections 38OO and 38PP of chapter 63 of the General Laws, inserted by
3843section 19, shall take effect for tax years beginning on or after January 1, 2025.
3844 SECTION 118. Section 37 of chapter 23B of the General Laws, inserted by section 5,
3845subsection (ee) of section 6 of chapter 62 of the General Laws, inserted by section 14, and
3846section 38OO of chapter 63 of the General Laws, inserted by section 19 are hereby repealed.
3847 SECTION 119. Section 103 is hereby repealed.
3848 SECTION 120. Section 105 is hereby repealed.
3849 SECTION 120A. Sections 36B and 36C shall apply to all time-share plans in the
3850commonwealth existing before and subsequent to the effective date of this act. 177 of 177
3851 SECTION 121. Sections 8 and 10 shall take effect 180 days after the effective date of this
3852act.
3853 SECTION 121A. Sections 14B and 17B shall be effective for tax years beginning on or
3854after January 1, 2024.
3855 SECTION 122. Sections 17, 20, 118 and 119 shall take effect on January 1, 2030.
3856 SECTION 123. Section 120 shall take effect on June 30, 2030; provided, however, that
3857the commissioner of capital asset management and maintenance may complete any transaction
3858for which agreements have been signed and delivered on or before June 30, 2030.