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Massachusetts House Bill H4977

Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H4977 Compare Versions

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11 HOUSE . . . . . . . . . . . . . . No. 4977
22 The Commonwealth of Massachusetts
33 _______________
44 The committee of conference on the disagreeing votes of the two branches with reference
55 to the Senate amendment (striking out all after the enacting clause and inserting in place thereof
66 the text contained in Senate document numbered 2850) of the House Bill relative to the
77 Affordable Homes Act (House, No. 4726), reports recommending passage of the accompanying
88 bill (House, No. 4977) [Bond Issue: General Obligation Bonds: $5,160,756,900.00]. August 1,
99 2024.
1010 James ArcieroWilliam N. BrownsbergerAaron MichlewitzLydia Edwards 1 of 181
1111 FILED ON: 8/1/2024
1212 HOUSE . . . . . . . . . . . . . . . No. 4977
1313 The Commonwealth of Massachusetts
1414 _______________
1515 In the One Hundred and Ninety-Third General Court
1616 (2023-2024)
1717 _______________
1818 An Act relative to the Affordable Homes Act.
1919 Whereas, The deferred operation of this act would tend to defeat its purpose, which is to
2020 authorize forthwith the financing of the production and preservation of housing for low and
2121 moderate income citizens of the commonwealth and to make related changes in certain laws,
2222 therefore it is hereby declared to be an emergency law, necessary for the immediate preservation
2323 of the public convenience.
2424 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
2525 of the same, as follows:
2626 1 SECTION 1. To provide for a capital outlay program to rehabilitate, produce and
2727 2modernize state-aided public housing developments, to preserve the affordability and the income
2828 3mix of state-assisted multifamily developments, to support home ownership and rental housing
2929 4opportunities for low- and moderate-income citizens, to stem urban blight through the
3030 5implementation of housing stabilization programs, to support housing production for the elderly,
3131 6disabled and homeless, to preserve housing for the elderly, homeless, low- and moderate-income
3232 7citizens and persons with disabilities, to develop facilities for licensed early care and education
3333 8and out of school time programs; and to promote economic reinvestment through the funding of
3434 9infrastructure improvements, the sums set forth in sections 2 to 2B, inclusive, for the several 2 of 181
3535 10purposes and subject to the conditions specified in this act, are hereby made available subject to
3636 11the laws regulating the disbursement of public funds.
3737 12 SECTION 2.
3838 13 EXECUTIVE OFFICE OF EDUCATION
3939 14 Department of Early Education and Care
4040 15 3000-0411For the purpose of state financial assistance in the form of grants for the
4141 16Early Education and Out of School Time Capital Fund for the development of eligible facilities
4242 17for licensed early care and education and out of school time programs established in section 18
4343 18of chapter 15D of the General Laws; provided, that the department of early education and care
4444 19may contract with quasi-public or nonprofit entities to administer the program including, but not
4545 20limited to, the Community Economic Development Assistance Corporation established in
4646 21chapter 40H of the General Laws; provided further, that the department may develop or finance
4747 22eligible facilities and may enter into subcontracts with nonprofit organizations established
4848 23pursuant to chapter 180 of the General Laws or organizations in which such nonprofit
4949 24corporations have a controlling financial or managerial interest; provided further, that the
5050 25department shall consider: (i) a balanced geographic plan for such eligible facilities when issuing
5151 26the funding commitments; and (ii) funding large group and school age child care centers as
5252 27defined by the department; provided further, that the services made available pursuant to such
5353 28grants shall not be construed as a right or entitlement for any individual or class of persons to the
5454 29benefits financing; provided further, that no expenditure shall be made from this item without the
5555 30prior approval of the secretary of administration and finance; and provided further, that eligibility
5656 31shall be established by regulations promulgated by the department pursuant to chapter 30A of the 3 of 181
5757 32General Laws for the implementation, administration and enforcement of this
5858 33item............................................................................................................................... $50,000,000
5959 34 EXECUTIVE OFFICE OF HOUSING AND LIVABLE COMMUNITIES
6060 35 Office of the Secretary
6161 36 7004-0069For a program of loans or grants to assist homeowners or tenants with a
6262 37household member with blindness or severe disabilities in making modifications to their primary
6363 38residence for the purpose of improving accessibility or to allow such individuals to live
6464 39independently in the community or for construction costs to allow for the building of an
6565 40accessory unit, which shall mean a unit constructed as an additional dwelling unit separate from
6666 41the primary dwelling unit, for a person with disabilities or an elder needing assistance with
6767 42activities of daily living; provided, that not more than 10 per cent shall be used for grants to
6868 43assist landlords seeking to make modifications for a current or prospective tenant with
6969 44disabilities, who but for such a grant would be unable to maintain or secure permanent housing;
7070 45provided further, that the secretary of housing and livable communities and the secretary of
7171 46health and human services shall take all steps necessary to minimize the program’s
7272 47administrative costs; provided further, that the secretary of health and human services may
7373 48contract with quasi-public or nonprofit entities to administer the program, including, but not
7474 49limited to, the Community Economic Development Assistance Corporation established in
7575 50chapter 40H of the General Laws; provided further, that the program shall be available pursuant
7676 51to income eligibility standards approved by the secretary of health and human services; provided
7777 52further, that the repayment of the loans may be delayed until the sale of the principal residence
7878 53by the homeowner; provided further, that persons residing in a development covered by section 4 4 of 181
7979 54of chapter 151B of the General Laws shall not be eligible for the program unless the owner can
8080 55show that the modification is an undue financial burden or that the landlord is participating in the
8181 56grant program to maintain or secure housing for a tenant with disabilities; provided further, that
8282 57the secretary of health and human services shall consult with the Massachusetts commission for
8383 58the blind and the Massachusetts rehabilitation commission to develop rules, regulations and
8484 59guidelines for the program; provided further, that nothing in this item shall give rise to
8585 60enforceable legal rights in any party or an enforceable entitlement to services; provided further,
8686 61that funds expended from this item shall, to the maximum extent feasible, be prioritized for
8787 62projects that comply with decarbonization and sustainability standards; and provided further, that
8888 63the secretary of housing and livable communities shall submit quarterly reports to the house and
8989 64senate committees on ways and means, the joint committee on bonding, capital expenditures and
9090 65state assets and the joint committee on housing detailing the status of the program established in
9191 66this item....................................................................................................................... $60,000,000
9292 67 7004-0070For state financial assistance in the form of loans for the development of
9393 68community-based housing or supportive housing for individuals with mental illness and
9494 69individuals with intellectual disabilities; provided, that the loan program shall be administered by
9595 70the executive office of housing and livable communities through contracts with 1 or more of the
9696 71following agencies: the Massachusetts Development Finance Agency established under chapter
9797 7223G of the General Laws, the Community Economic Development Assistance Corporation
9898 73established under chapter 40H of the General Laws, operating agencies established under chapter
9999 74121B of the General Laws and the Massachusetts Housing Finance Agency established under
100100 75chapter 708 of the acts of 1966; provided further, that those agencies may develop or finance
101101 76community-based housing or supportive housing or may enter into subcontracts with nonprofit 5 of 181
102102 77organizations, established under chapter 180 of the General Laws, or organizations in which such
103103 78nonprofit corporations have a controlling financial or managerial interest or for-profit
104104 79organizations; provided further, that preference for the subcontracts shall be given to nonprofit
105105 80organizations; provided further, that the executive office shall consider a balanced geographic
106106 81plan for such community-based housing or supportive housing when issuing the loans; provided
107107 82further, that the executive office shall consider development of a balanced range of housing
108108 83models by prioritizing funds for integrated housing as defined by the appropriate housing and
109109 84service agencies, including, but not limited to, the executive office of housing and livable
110110 85communities, the department of mental health and the department of developmental services, in
111111 86consultation with relevant and interested clients, clients’ families, advocates and other parties as
112112 87necessary; provided further, that loans issued pursuant to this item shall: (i) not exceed 50 per
113113 88cent of the financing of the total development costs; (ii) not be issued unless a contract or
114114 89agreement for the use of the property for such housing provides for repayment to the
115115 90commonwealth at the time of disposition of the property if such property will no longer be
116116 91subject to a recorded deed restriction pursuant to clause (iii) of this item; provided further, that
117117 92such repayment shall: (1) be in an amount equal to the commonwealth’s proportional
118118 93contribution from the Facilities Consolidation Fund to the cost of the development through
119119 94payments made by the state agency making the contract; and (2) not be required if the executive
120120 95office of housing and livable communities, in consultation with the department of mental health
121121 96and the department of developmental services, determines that relevant clients will be better
122122 97served at an alternative property and the proceeds from the disposition of the property will be
123123 98used, to the extent necessary for replacement of the housing at the property, to: (A) acquire such
124124 99alternative property; or (B) rehabilitate such alternative property; (iii) not be issued unless the 6 of 181
125125 100contract or agreement for the use of the property for the purposes of such housing provides for
126126 101the recording of a deed restriction in the registry of deeds or the registry district of the land court
127127 102of the county in which the real property is located, for the benefit of the executive office and the
128128 103departments, running with the land, that the land shall be used to provide community-based
129129 104housing or supportive housing for eligible individuals as determined by the department of mental
130130 105health and the department of developmental services; provided further, that the property shall not
131131 106be released from such restriction unless: (1) the balance of the principal and interest for the loan
132132 107has been repaid in full; (2) a mortgage foreclosure deed has been recorded; or (3) the executive
133133 108office of housing and livable communities has determined, pursuant to subclause (2) of clause
134134 109(ii) of this item, that repayment to the commonwealth is not required; (iv) be issued for a term
135135 110not to exceed 30 years, during which time repayment may be deferred by the loan issuing
136136 111authority; provided further, that if on the date the loans become due and payable to the
137137 112commonwealth, an outstanding balance exists and if, on such date, the executive office of
138138 113housing and livable communities, in consultation with the executive office of health and human
139139 114services, determines that there still exists a need for such housing and that there is continued
140140 115funding available for the provision of services to such development, the executive office of
141141 116housing and livable communities may, by agreement with the owner of the development, extend
142142 117the loans for such periods not to exceed 10 years, as the executive office shall determine;
143143 118provided further, that the project, whether at the original property, or at an alternative property
144144 119pursuant to subclause (2) of clause (ii) of this item, shall remain affordable housing for the
145145 120duration of the loan term, including any extension thereof, as set forth in the contract or
146146 121agreement entered into by the executive office; provided further, that in the event the terms of
147147 122repayment detailed in this item would cause a project authorized by this item to become 7 of 181
148148 123ineligible to receive federal financial assistance which would otherwise assist in the development
149149 124of that project, the executive office may waive the terms of repayment which would cause the
150150 125project to become ineligible; and (v) have interest rates fixed at a rate, to be determined by the
151151 126executive office, in consultation with the state treasurer; provided further, that the loans shall be
152152 127provided only for projects conforming to this item; provided further, that the loans shall be
153153 128issued in accordance with a facilities consolidation plan prepared by the secretary of health and
154154 129human services, reviewed and approved by the executive office of housing and livable
155155 130communities and filed with the secretary of administration and finance, the house and senate
156156 131committees on ways and means, the joint committee on bonding, capital expenditures and state
157157 132assets and the joint committee on housing; provided further, that no expenditure shall be made
158158 133from this item without the prior approval of the secretary of administration and finance; provided
159159 134further, that the executive office of housing and livable communities, the department of mental
160160 135health and the Community Economic Development Assistance Corporation may identify
161161 136appropriate financing mechanisms and guidelines for grants or loans from this item to promote
162162 137private development to produce housing, provide for independent integrated living opportunities,
163163 138write down building and operating costs and serve households at or below 15 per cent of the area
164164 139median income for the benefit of department of mental health clients; provided further, that
165165 140funds expended from this item shall, to the maximum extent feasible, be prioritized for projects
166166 141that comply with decarbonization and sustainability standards; provided further, that
167167 142prioritization shall be determined through objective scoring criteria in the Qualified Allocation
168168 143Plan developed by the executive office of housing and livable communities; provided further,
169169 144that for new construction projects, the standards set forth in the commonwealth’s Opt-in
170170 145Specialized Energy Code under 225 CMR 22.00 and 23.00 and the Enterprise Green 8 of 181
171171 146Communities standards shall be the applicable standards for prioritization; provided further, that
172172 147any project proposing less than full compliance with said standards shall provide detailed
173173 148analysis demonstrating why full compliance would render the project infeasible notwithstanding
174174 149utilization of all available federal and state incentives, including rebates and tax credits; provided
175175 150further, that for retrofits of existing units, prioritization shall be given to projects that include
176176 151energy efficiency and electrification decarbonization measures, including, but not limited to,
177177 152electric or ground source heat pumps, net-zero developments, Passive House Institute
178178 153certification or an equivalent energy efficiency certification, and all-electric buildings and
179179 154projects that incorporate green, sustainable and climate-resilient elements; provided further, that
180180 155projects that include lower embodied carbon construction materials and methods shall be further
181181 156prioritized; provided further, that not more than $10,000,000 may be expended from this item for
182182 157a pilot program of community-based housing or supportive housing loans to serve mentally ill
183183 158homeless individuals in the current or former care of the department of mental health; provided
184184 159further, that in implementing the pilot program, the executive office shall consider a balanced
185185 160geographic plan when establishing community-based residences; provided further, that the
186186 161housing services made available pursuant to such loans shall not be construed as a right or an
187187 162entitlement for any individual or class of persons to the benefits of the pilot program; provided
188188 163further, that eligibility for the pilot program shall be established by regulations promulgated by
189189 164the executive office; and provided further, that the executive office shall promulgate regulations
190190 165under chapter 30A of the General Laws to implement, administer and enforce this item,
191191 166consistent with the facilities consolidation plan prepared by the secretary of health and human
192192 167services and after consultation with the secretary and the commissioner of capital asset
193193 168management and maintenance…...................................................................................$70,000,000 9 of 181
194194 169 7004-0071For state financial assistance in the form of loans for the development and
195195 170redevelopment of community-based housing or supportive housing for persons with disabilities
196196 171who are institutionalized or at risk of being institutionalized and who are not eligible for housing
197197 172developed pursuant to item 7004-0070; provided, that the loan program shall be administered by
198198 173the executive office of housing and livable communities, through contracts with the
199199 174Massachusetts Development Finance Agency established under chapter 23G of the General
200200 175Laws, the Community Economic Development Assistance Corporation established under chapter
201201 17640H of the General Laws, operating agencies established under chapter 121B of the General
202202 177Laws and the Massachusetts Housing Finance Agency established under chapter 708 of the acts
203203 178of 1966; provided further, that the agencies may develop or finance community-based housing or
204204 179supportive housing or may enter into subcontracts with nonprofit organizations established under
205205 180chapter 180 of the General Laws or organizations in which such nonprofit corporations have a
206206 181controlling financial or managerial interest or for-profit organizations; provided further, that
207207 182preference for such subcontracts shall be given to nonprofit organizations; provided further, that
208208 183the executive office shall consider a balanced geographic plan for such community-based
209209 184housing or supportive housing when issuing the loans; provided further, that all housing
210210 185developed with these funds shall be integrated housing as defined by the appropriate state
211211 186housing and service agencies, including, but not limited to, the executive office of housing and
212212 187livable communities, the executive office of health and human services and the Massachusetts
213213 188rehabilitation commission, in consultation with relevant and interested clients, clients’ families,
214214 189advocates and other parties as necessary; provided further, that loans issued pursuant to this item
215215 190shall: (i) not exceed 50 per cent of the financing of the total development costs; (ii) not be issued
216216 191unless a contract or agreement for the use of the property for the purposes of such housing 10 of 181
217217 192provides for repayment to the commonwealth at the time of disposition of the property if such
218218 193property will no longer be subject to a recorded deed restriction pursuant to clause (iii) of this
219219 194item; provided further, that such repayment shall: (1) be in an amount equal to the
220220 195commonwealth’s proportional contribution from community-based housing to the cost of the
221221 196development through payments made by the state agency making the contract; and (2) not be
222222 197required if the executive office of housing and livable communities, in consultation with the
223223 198Massachusetts rehabilitation commission, determines that relevant clients will be better served at
224224 199an alternative property and the proceeds from the disposition of the property will be used, to the
225225 200extent necessary for replacement of the housing at the property, to: (A) acquire such alternative
226226 201property; or (B) rehabilitate such alternative property; (iii) not be issued unless a contract or
227227 202agreement for the use of the property for the purposes of such community-based housing or
228228 203supportive housing provides for the recording of a deed restriction in the registry of deeds or the
229229 204registry district of the land court of the county in which the real property is located, for the
230230 205benefit of the executive office, running with the land, that the land shall be used to provide
231231 206community-based housing or supportive housing for eligible individuals as determined by the
232232 207Massachusetts rehabilitation commission or other agency of the executive office of health and
233233 208human services; provided further, that the property shall not be released from such restrictions
234234 209unless: (1) the balance of the principal and interest for the loan has been repaid in full; (2) a
235235 210mortgage foreclosure deed has been recorded; or (3) the executive office of housing and livable
236236 211communities has determined, pursuant to subclause (2) of clause (ii) of this item, that repayment
237237 212to the commonwealth is not required; (iv) be issued for a term not to exceed 30 years during
238238 213which time repayment may be deferred by the loan issuing authority; provided further, that if, on
239239 214the date the loans become due and payable to the commonwealth, an outstanding balance exists 11 of 181
240240 215and if, on that date, the executive office of housing and livable communities, in consultation with
241241 216the executive office of health and human services, determines that there still exists a need for
242242 217such housing, the executive office may, by agreement with the owner of the development, extend
243243 218the loans for such periods not to exceed 10 years, as the executive office shall determine;
244244 219provided further, that the project, whether at the original property or at an alternative property
245245 220pursuant to clause subclause (2) of (ii) of this item, shall continue to remain affordable housing
246246 221for the duration of the loan term, including any extensions thereof, as set forth in the contract or
247247 222agreement entered into by the executive office; provided further, that in the event the terms of
248248 223repayment detailed in this item would cause a project authorized by this item to become
249249 224ineligible to receive federal financial assistance, which would otherwise assist in the
250250 225development of that project, the executive office may waive the terms of repayment which would
251251 226cause the project to become ineligible; and (v) have interest rates fixed at a rate, to be determined
252252 227by the executive office, in consultation with the state treasurer; provided further, the loans shall
253253 228be provided only for projects conforming to this item; provided further, that the loans shall be
254254 229issued in accordance with an enhancing community-based services plan prepared by the
255255 230secretary of health and human services, in consultation with the executive office of housing and
256256 231livable communities and filed with the secretary of administration and finance, the house and
257257 232senate committees on ways and means, the joint committee on bonding, capital expenditures and
258258 233state assets and the joint committee on housing; provided further, that funds expended from this
259259 234item shall, to the maximum extent feasible, be prioritized for projects that comply with
260260 235decarbonization and sustainability standards; provided further, that prioritization shall be
261261 236determined through objective scoring criteria in the Qualified Allocation Plan developed by the
262262 237executive office of housing and livable communities; provided further, that for new construction 12 of 181
263263 238projects, the standards set forth in the commonwealth’s Opt-in Specialized Energy Code under
264264 239225 CMR 22.00 and 23.00 and the Enterprise Green Communities standards shall be the
265265 240applicable standards for prioritization; provided further, that any project proposing less than full
266266 241compliance with said standards shall provide detailed analysis demonstrating why full
267267 242compliance would render the project infeasible notwithstanding utilization of all available
268268 243federal and state incentives, including rebates and tax credits; provided further, that for retrofits
269269 244of existing units, prioritization shall be given to projects that include energy efficiency and
270270 245electrification decarbonization measures, including, but not limited to, electric or ground source
271271 246heat pumps, net-zero developments, Passive House Institute certification or an equivalent energy
272272 247efficiency certification, and all-electric buildings and projects that incorporate green, sustainable
273273 248and climate-resilient elements; provided further, that projects that include lower embodied
274274 249carbon construction materials and methods shall be further prioritized; provided further, that no
275275 250expenditure shall be made from this item without the prior approval of the secretary of
276276 251administration and finance; and provided further, that the executive office shall promulgate
277277 252regulations pursuant to chapter 30A of the General Laws for the implementation, administration
278278 253and enforcement of this item, consistent with the enhancing community-based services plan
279279 254prepared by the secretary of health and human services after consultation with the secretary and
280280 255the commissioner of capital asset management and maintenance.................................$55,000,000
281281 256 7004-0072For the capitalization of the Affordable Housing Trust Fund established in
282282 257section 2 of chapter 121D of the General Laws; provided, that funds expended from this item
283283 258shall, to the maximum extent feasible, be prioritized for projects that comply with
284284 259decarbonization and sustainability standards; provided further, that prioritization shall be
285285 260determined through objective scoring criteria in the Qualified Allocation Plan developed by the 13 of 181
286286 261executive office of housing and livable communities; provided further, that the executive office
287287 262shall consider geographic equity in awarding funds from this item; provided further, that for new
288288 263construction projects, the standards set forth in the commonwealth’s Opt-in Specialized Energy
289289 264Code under 225 CMR 22.00 and 23.00 and the Enterprise Green Communities standards shall be
290290 265the applicable standards for prioritization; provided further, that any project proposing less than
291291 266full compliance with said standards shall provide detailed analysis demonstrating why full
292292 267compliance would render the project infeasible notwithstanding utilization of all available
293293 268federal and state incentives, including rebates and tax credits; provided further, that for retrofits
294294 269of existing units, prioritization shall be given to projects that include energy efficiency and
295295 270electrification decarbonization measures, including, but not limited to, electric or ground source
296296 271heat pumps, net-zero developments, Passive House Institute certification or an equivalent energy
297297 272efficiency certification, and all-electric buildings and projects that incorporate green, sustainable
298298 273and climate-resilient elements; provided further, that projects that include lower embodied
299299 274carbon construction materials and methods shall be further prioritized; provided further, that not
300300 275more than $50,000,000 of the funds made available in this item may be used to create and
301301 276maintain opportunities for homeownership for first-time homebuyers; provided further, that
302302 277funds shall be expended to create and enhance access to homeownership in order to foster long-
303303 278term benefits for housing security, health and economic outcomes and to address a systemic
304304 279homeownership gap in socially disadvantaged communities and among targeted populations;
305305 280provided further, that funds may be expended for down payment assistance programs, mortgage
306306 281insurance programs and mortgage interest subsidy programs administered by the Massachusetts
307307 282Housing Finance Agency and the Massachusetts Housing Partnership; and provided further, that 14 of 181
308308 283funds may be expended to first-time homebuyer counseling and financial literacy
309309 284programs......................................................................................................................$800,000,000
310310 285 7004-0073For state financial assistance in the form of grants or loans for the Housing
311311 286Stabilization and Investment Trust Fund established in section 2 of chapter 121F of the General
312312 287Laws and awarded only pursuant to the criteria established in said section 2 of said chapter 121F;
313313 288provided, that not less than 25 per cent shall be used to fund projects that preserve and produce
314314 289housing for families and individuals with incomes of not more than 30 per cent of the area
315315 290median income, as defined by the United States Department of Housing and Urban
316316 291Development; provided further, that if the executive office of housing and livable communities
317317 292has not spent the amount authorized under the bond cap for this program, at the end of each
318318 293fiscal year following the effective date of this act, the executive office may award the remaining
319319 294funds to projects that serve households earning more than 30 per cent of the area median income,
320320 295as defined by the United States Department of Housing and Urban Development; provided
321321 296further, that funds expended from this item shall, to the maximum extent feasible, be prioritized
322322 297for projects that comply with decarbonization and sustainability standards; provided further, that
323323 298prioritization shall be determined through objective scoring criteria in the Qualified Allocation
324324 299Plan developed by the executive office of housing and livable communities; provided further,
325325 300that the executive office shall consider geographic equity in awarding funds from this item;
326326 301provided further, that for new construction projects, the standards set forth in the
327327 302commonwealth’s Opt-in Specialized Energy Code under 225 CMR 22.00 and 23.00 and the
328328 303Enterprise Green Communities standards shall be the applicable standards for prioritization;
329329 304provided further, that any project proposing less than full compliance with said standards shall
330330 305provide detailed analysis demonstrating why full compliance would render the project infeasible 15 of 181
331331 306notwithstanding utilization of all available federal and state incentives, including rebates and tax
332332 307credits; provided further, that for retrofits of existing units, prioritization shall be given to
333333 308projects that include energy efficiency and electrification decarbonization measures, including,
334334 309but not limited to, electric or ground source heat pumps, net-zero developments, Passive House
335335 310Institute certification or an equivalent energy efficiency certification, and all-electric buildings
336336 311and projects that incorporate green, sustainable and climate-resilient elements; provided further,
337337 312that projects that include lower embodied carbon construction materials and methods shall be
338338 313further prioritized; provided further, that not less than $10,000,000 shall be expended for the
339339 314Small Properties State Acquisition Funding Pilot established in item 1599-6084 of section 2A of
340340 315chapter 268 of the acts of 2022; provided further, that the fund shall issue soft loans to
341341 316supplement other acquisition soft loans administered by municipal or other affordable housing
342342 317acquisition lenders on a rolling basis; provided further, that acquisitions pursuant to this pilot
343343 318shall follow the affordability restrictions of the affordable housing acquisition lenders; and
344344 319provided further, that loans under this program shall be used for the acquisition of: (i) buildings
345345 320of 1 to 8 units, inclusive, of residential housing for rental or ownership; or (ii) mixed-use
346346 321buildings for a term of not less than 30 years............................................................$425,000,000
347347 322 7004-0074For state financial assistance in the form of grants for projects undertaken
348348 323pursuant to clause (j) of section 26 of chapter 121B of the General Laws; provided, that contracts
349349 324entered into by the executive office of housing and livable communities for those projects may
350350 325include, but shall not be limited to, projects providing for renovation, remodeling, reconstruction,
351351 326redevelopment and hazardous material abatement, including asbestos and lead paint, and for
352352 327compliance with state codes and laws and for adaptations necessary for compliance with the
353353 328Americans with Disabilities Act of 1990, the provision of day care facilities, learning centers and 16 of 181
354354 329teen service centers and the adaptation of units for families and persons with disabilities;
355355 330provided further, that priority shall be given to projects undertaken for the purpose of compliance
356356 331with state codes and laws or for other purposes related to the health and safety of residents;
357357 332provided further, that funds may be expended from this item to make such modifications to
358358 333congregate housing units as may be necessary to increase the occupancy rate of such units;
359359 334provided further, that the executive office shall continue to fund a program to provide predictable
360360 335funds to be used flexibly by housing authorities for capital improvements to extend the useful
361361 336life of state-assisted public housing; provided further, that not less than 25 per cent of the funds
362362 337made available in this item shall be used to fund projects that preserve or produce housing for
363363 338families and individuals with incomes of not more than 30 per cent of the area median income, as
364364 339defined by the United States Department of Housing and Urban Development; provided further,
365365 340that not less than $99,000,000 shall be expended by the Boston Housing Authority for the
366366 341development of replacement public housing and additional new housing on the Faneuil Gardens
367367 342site owned by the Boston Housing Authority between Faneuil street and North Beacon street,
368368 343Boston Parcel ID 2202616000, in the city of Boston and the adjacent parcel at the southeast
369369 344corner of North Beacon street and Goodenough street, Boston Parcel ID 2202627000, in the city
370370 345of Boston; provided further, that not less than $15,000,000 of the funds made available in this
371371 346item shall be used to increase accessibility of state-aided public housing for persons with
372372 347disabilities; provided further, that not more than $150,000,000 of the funds made available in this
373373 348item may be used to fund projects that include sustainability initiatives to reduce greenhouse gas
374374 349emissions and make progress towards decarbonization through energy efficiency and
375375 350electrification decarbonization measures, including, but not limited to, electric or ground source
376376 351heat pumps, net-zero developments, Passive House Institute certification or an equivalent energy 17 of 181
377377 352efficiency certification, and all-electric buildings and projects that incorporate green, sustainable
378378 353and climate-resilient elements; provided further, that projects that include lower embodied
379379 354carbon construction materials and methods shall be further prioritized; and provided further, that
380380 355funds made available in this item shall, to the extent feasible, be used in accordance with the
381381 356Massachusetts state hazard mitigation and climate adaptation plan….....................$2,000,000,000
382382 357 7004-0075For state financial assistance in the form of grants for a demonstration
383383 358program, administered by the executive office of housing and livable communities, to
384384 359demonstrate cost effective revitalization methods for state-aided family and elderly-disabled
385385 360public housing that seek to reduce the need for future state modernization funding; provided, that
386386 361housing authorities with state-aided housing developments pursuant to chapter 200 of the acts of
387387 3621948, chapter 667 of the acts of 1954, chapter 705 of the acts of 1966, chapter 689 of the acts of
388388 3631974 or chapter 167 of the acts of 1987 shall be eligible to participate in the demonstration
389389 364program; provided further, that the executive office may exempt a recipient of demonstration
390390 365grants from the requirements of chapters 7C and 121B of the General Laws upon a showing by
391391 366the recipient that such exemptions are necessary to accomplish the effective revitalization of
392392 367public housing and shall not adversely affect public housing residents or applicants of any
393393 368income who are otherwise eligible; provided further, that the executive office may provide to
394394 369recipients of demonstration grants such additional regulatory relief as may be required to further
395395 370the objectives of the demonstration program; provided further, that funds may be made available
396396 371for technical assistance provided by the Community Economic Development Assistance
397397 372Corporation established under chapter 40H of the General Laws or the Massachusetts Housing
398398 373Partnership Fund established under section 35 of chapter 405 of the acts of 1985 to recipients of
399399 374demonstration grants and for evaluation of the demonstration; provided further, that the 18 of 181
400400 375executive office’s regulations for the implementation, administration and enforcement of this
401401 376item shall: (i) require that selected housing authorities demonstrate innovative and replicable
402402 377solutions to the management, marketing or capital needs of state-aided family and elderly-
403403 378disabled public housing developments and contribute to the continued viability of the housing as
404404 379a resource for public housing eligible residents; (ii) encourage proposals that demonstrate
405405 380regional collaborations among housing authorities; and (iii) encourage proposals for new
406406 381affordable housing units on municipally-owned land, underutilized public housing sites or other
407407 382land owned by the housing authority; provided further, that funds expended from this item shall,
408408 383to the maximum extent feasible, be prioritized for projects that comply with decarbonization and
409409 384sustainability standards; provided further, that prioritization shall be determined through
410410 385objective scoring criteria in the Qualified Allocation Plan developed by the executive office of
411411 386housing and livable communities; provided further, that the executive office shall consider
412412 387geographic equity in awarding funds from this item; provided further, that for new construction
413413 388projects, the standards set forth in the commonwealth’s Opt-in Specialized Energy Code under
414414 389225 CMR 22.00 and 23.00 and the Enterprise Green Communities standards shall be the
415415 390applicable standards for prioritization; provided further, that any project proposing less than full
416416 391compliance with said standards shall provide detailed analysis demonstrating why full
417417 392compliance would render the project infeasible notwithstanding utilization of all available
418418 393federal and state incentives, including rebates and tax credits; provided further, that for retrofits
419419 394of existing units, prioritization shall be given to projects that include energy efficiency and
420420 395electrification decarbonization measures, including, but not limited to, electric or ground source
421421 396heat pumps, net-zero developments, Passive House Institute or equivalent energy efficiency
422422 397certification, and all-electric buildings and projects that incorporate green, sustainable and 19 of 181
423423 398climate-resilient elements; and provided further, that projects that include lower embodied
424424 399carbon construction materials and methods shall be further prioritized .....................$200,000,000
425425 400 7004-0076For state financial assistance in the form of grants or loans for the Housing
426426 401Innovations Trust Fund established in section 2 of chapter 121E of the General Laws; provided,
427427 402that not less than 25 per cent of the funds made available in this item shall be used to fund
428428 403projects that preserve and produce housing for families and individuals with incomes of not more
429429 404than 30 per cent of the area median income, as defined by the United States Department of
430430 405Housing and Urban Development; provided further, that funds expended from this item shall, to
431431 406the maximum extent feasible, be prioritized for projects that comply with decarbonization and
432432 407sustainability standards; provided further, that prioritization shall be determined through
433433 408objective scoring criteria in the Qualified Allocation Plan developed by the executive office of
434434 409housing and livable communities; provided further, that the executive office shall consider
435435 410geographic equity in awarding funds from this item; provided further, that for new construction
436436 411projects, the standards set forth in the commonwealth’s Opt-in Specialized Energy Code under
437437 412225 CMR 22.00 and 23.00 and the Enterprise Green Communities standards shall be the
438438 413applicable standards for prioritization; provided further, that any project proposing less than full
439439 414compliance with said standards shall provide detailed analysis demonstrating why full
440440 415compliance would render the project infeasible notwithstanding utilization of all available
441441 416federal and state incentives, including rebates and tax credits; provided further, that for retrofits
442442 417of existing units, prioritization shall be given to projects that include energy efficiency and
443443 418electrification decarbonization measures, including, but not limited to, electric or ground source
444444 419heat pumps, net-zero developments, Passive House Institute certification or an equivalent energy
445445 420efficiency certification, and all-electric buildings and projects that incorporate green, sustainable 20 of 181
446446 421and climate-resilient elements; and provided further, that projects that include lower embodied
447447 422carbon construction materials and methods shall be further prioritized….................$200,000,000
448448 423 7004-0078For state financial assistance in the form of no interest loans, grants,
449449 424subsidies, credit enhancements and other financial assistance for innovative, sustainable and
450450 425green housing initiatives; provided, that entities eligible to receive financial assistance under this
451451 426item shall include qualified for-profit or nonprofit developers, community development
452452 427corporations, local housing authorities, community action agencies, community-based or
453453 428neighborhood-based nonprofit housing organizations, other nonprofit organizations and for-
454454 429profit entities, and governmental bodies; provided further, that funds may be used to assist units
455455 430occupied by and affordable to persons with incomes not more than 110 per cent of the area
456456 431median income, as defined by the United States Department of Housing and Urban Development
457457 432with priority given to projects that provide higher and deeper levels of affordability; provided
458458 433further, that not less than 25 per cent of the occupants of housing in projects assisted by this item
459459 434shall be persons whose income is not more than 60 per cent of the area median income, as
460460 435defined by the United States Department of Housing and Urban Development; provided further,
461461 436that financial assistance shall be awarded in a manner that promotes geographic, social, racial
462462 437and economic equity; provided further, that funds expended from this item shall, to the
463463 438maximum extent feasible, be prioritized for projects that comply with decarbonization and
464464 439sustainability standards; provided further, that prioritization shall be determined through
465465 440objective scoring criteria in the Qualified Allocation Plan developed by the executive office of
466466 441housing and livable communities; provided further, that for new construction projects, the
467467 442standards set forth in the commonwealth’s Opt-in Specialized Energy Code under 225 CMR
468468 44322.00 and 23.00 and the Enterprise Green Communities standards shall be the applicable 21 of 181
469469 444standards for prioritization; provided further, that any project proposing less than full compliance
470470 445with said standards shall provide detailed analysis demonstrating why full compliance would
471471 446render the project infeasible notwithstanding utilization of all available federal and state
472472 447incentives, including rebates and tax credits; provided further, that for retrofits of existing units,
473473 448prioritization shall be given to projects that include energy efficiency and electrification
474474 449decarbonization measures, including, but not limited to, electric or ground source heat pumps,
475475 450net-zero developments, Passive House Institute certification or an equivalent energy efficiency
476476 451certification, and all-electric buildings and projects that incorporate green, sustainable and
477477 452climate-resilient elements; provided further, that projects that include lower embodied carbon
478478 453construction materials and methods shall be further prioritized; provided further, that financial
479479 454assistance under this item shall be to accelerate and support: (i) innovative strategies for the
480480 455production of affordable and mixed-income housing developments and other market
481481 456transformation activities, including but not limited to: (a) re-use of commercial space, office
482482 457space, and underutilized state- or locally-controlled land or assets, including, but not limited to,
483483 458brownfield or greyfield sites, or other property that the secretary of housing and livable
484484 459communities has determined is suitable for sustainable residential or mixed-use development; (b)
485485 460modular construction, manufactured housing, and other innovative housing models that offer
486486 461development or operating cost savings, utilize advanced and applied technologies, provide
487487 462efficiencies to help accelerate production and incorporate energy efficiency or energy
488488 463conservation into their design, construction or rehabilitation; (c) accessory dwelling units and co-
489489 464housing models; and (d) other market transformation efforts to be determined by the executive
490490 465office of housing and livable communities, which may include, but shall not be limited to, any
491491 466pilot program or demonstration program that is consistent with the purposes of this item; 22 of 181
492492 467provided further, that such strategies may include a mixed income social housing pilot program
493493 468in which a local or regional housing authority or other public or quasi-public entity maintains
494494 469majority ownership or control of such housing; (ii) the creation of low-income and moderate-
495495 470income residential housing units and mixed use developments that include both residential
496496 471housing units and commercial or retail space in close proximity to transit nodes or within
497497 472neighborhood commercial areas including, but not limited to, those areas designated as main
498498 473street areas and rural villages; provided further, that the program shall be administered to: (a)
499499 474maximize the amount of affordable residential and mixed-use space in close proximity to transit
500500 475nodes or within neighborhood commercial areas, resulting in higher density, compact
501501 476development and pedestrian-friendly, inclusive and connected neighborhoods; (b) increase mass
502502 477transit ridership; (c) decrease traffic congestion and reduce greenhouse gas emissions; and (d)
503503 478increase economic opportunity for disadvantaged populations by making it easier for residents of
504504 479affordable housing to access public transportation, including transportation supporting commutes
505505 480to employment centers; provided further, that the program may be administered to include
506506 481projects that have residential units above commercial space located in areas characterized by a
507507 482predominance of commercial land uses, a high daytime or business population or a high
508508 483concentration of daytime traffic and parking; provided further, that the financial subsidy for the
509509 484commercial portion of a project shall not exceed 25 per cent of the total development cost of the
510510 485commercial portion of the project or $1,000,000, whichever is lesser; provided further, that the
511511 486executive office may provide financial support to nonprofit and for-profit developers that enter
512512 487into binding agreements to set aside residential units in existing market-rate, transit-oriented
513513 488housing, over and above any units required to be set aside under local zoning or approvals, for
514514 489rent or sale to income-qualified households at affordable rents or sale prices, as applicable; and 23 of 181
515515 490(iii) the creation and preservation of sustainable and climate resilient affordable multifamily
516516 491housing; provided further, that such financial assistance shall be made to: (a) incorporate
517517 492efficient, sustainable and climate resilient design practices in affordable residential development
518518 493to support positive climate mitigation outcomes; (b) reduce greenhouse gas emissions and
519519 494reliance on fossil fuels; (c) increase resiliency of existing housing developments to mitigate
520520 495impacts of climate change, including flooding and extreme temperatures; and (d) enhance
521521 496emergency preparedness, including sustainable means of power generation to allow for
522522 497sheltering vulnerable populations in place; provided further, that financial assistance provided
523523 498pursuant to clause (i) or clause (iii) may be administered by the executive office of housing and
524524 499livable communities through contracts with the Massachusetts Housing Partnership Fund,
525525 500established in section 35 of chapter 405 of the acts of 1985, or the Massachusetts Housing
526526 501Finance Agency, established in chapter 708 of the acts of 1966, or both, which may, as the case
527527 502may be, directly offer financial assistance for the purposes set forth herein or may enter into
528528 503subcontracts with nonprofit organizations, established pursuant to chapter 180 of the General
529529 504Laws for those purposes; provided further, that financial assistance provided pursuant to clause
530530 505(ii) may be administered by the executive office through contracts with said Massachusetts
531531 506Housing Partnership Fund; provided further, that the executive office of housing and livable
532532 507communities or an administering agency under contract with the executive office may establish
533533 508additional program requirements through regulations or policy guidelines; and provided further,
534534 509that funds may be made available under this item to fund, finance or refinance limited equity
535535 510housing cooperatives pursuant to chapter 157B of the General Laws, including assisting first-
536536 511time buyers to purchase shares of stock in such cooperatives ………………..…....$275,000,000 24 of 181
537537 512 7004-0080For the Middle-Income Housing Fund administered by the Massachusetts
538538 513Housing Finance Agency............................................................................................ $100,000,000
539539 514 SECTION 2A.
540540 515 EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
541541 516 Office of the Secretary
542542 517 1100-2518For costs associated with planning and studies, the preparation of plans
543543 518and specifications, demolition, remediation, construction and relocation of utilities, construction
544544 519and reconstruction of infrastructure, predevelopment, and site preparation; provided, that any
545545 520funds received by a state agency in connection with projects funded from this item may be
546546 521retained by the executive office for administration and finance and expended for the purposes of
547547 522the project, without further appropriation, in addition to the amounts appropriated in this item;
548548 523provided further, that where appropriate, the commissioner of capital asset management and
549549 524maintenance may transfer funds authorized herein in accordance with a delegation of project
550550 525control and supervision process pursuant to section 5 of chapter 7C of the General Laws or for
551551 526the capitalization of the Surplus Real Property Disposition Trust Fund established in section 123;
552552 527and provided further, that funds from this item shall be distributed in furtherance of affordable
553553 528housing production goals and availability of sites suitable for construction or expansion of
554554 529housing opportunities in the commonwealth in consultation with the secretary of housing and
555555 530livable communities...................................................................................................... $30,000,000
556556 531 1599-1953For local housing initiatives; provided, that not less than $1,000,000 shall
557557 532be expended for the Northern Bristol County Assistance Collaborative, Inc. for development
558558 533costs for the Attleboro affordable senior housing project; provided further, that not less than 25 of 181
559559 534$1,000,000 shall be expended for a new connector road in Shrewsbury for new housing units;
560560 535provided further, that not less than $500,000 shall be expended for Holyoke housing authority for
561561 536phase III of South Holyoke homes; provided further, that not less than $100,000 shall be
562562 537expended for the Care drive senior housing project in the town of Erving; provided further, that
563563 538not less than $500,000 shall be expended for Worcester property insurance cancellation repair
564564 539program; provided further, that not less than $100,000 shall be expended for a feasibility study to
565565 540explore affordable housing opportunities in the town of Orange; provided further, that not less
566566 541than $100,000 shall be expended for a feasibility study to explore affordable housing
567567 542opportunities in the town of Winchendon; provided further, that not less than $300,000 shall be
568568 543expended for the removal or securing of blighted or abandoned property on sites to be used for
569569 544affordable, senior, or mixed-use housing in the town of Athol; provided further, that not less than
570570 545$100,000 shall be expended for the removal or securing of blighted or abandoned property on
571571 546sites to be used for affordable, senior, or mixed-use housing in the town of Orange; provided
572572 547further, that not less than $1,000,000 shall be expended for the renovation of Cassilas Farm for
573573 548affordable housing units in New Marlborough; provided further, that not less than $100,000 shall
574574 549be expended for a feasibility study of St. Martin Hall on the property of Shakespeare and
575575 550Company located in the town of Lenox; provided further, that not less than $5,000,000 shall be
576576 551expended for seasonal supportive housing for the non-profit creative economy in Berkshire
577577 552county; provided further, that not less than $500,000 shall be expended for capital improvements
578578 553to the Revere housing authority; provided further, that not less than $200,000 shall be expended
579579 554for the Revere housing authority gold star families public housing development; provided
580580 555further, that not less than $4,000,000 shall be expended for the construction of a new entrance
581581 556and exit ramp on route 1 for safety improvements and planned access to Malden, Revere and the 26 of 181
582582 557overlook development which includes mixed income housing; provided further, that not less than
583583 558$1,000,000 shall be expended for the demolition of the former Winthrop middle school to
584584 559facilitate the development of a mixed-use property including 55 plus housing; provided further,
585585 560that not less than $500,000 shall be expended for capital improvements to the Tyngsborough
586586 561housing authority; provided further, that not less than $500,000 shall be expended for capital
587587 562improvements to the Dracut housing authority; provided further, that not less than $250,000 shall
588588 563be expended to the Shrewsbury housing authority for capital improvements; provided further,
589589 564that not less than $100,000 shall be expended for the design, permitting and construction of a
590590 565road in Bellingham connecting North Main street and Mechanic street to improve access
591591 566between the downtown community and the Massachusetts Bay Transit Authority terminal link by
592592 567improving road infrastructure to allow for 550 new units of housing; provided further, that not
593593 568less than $1,000,000 shall be expended to the Malden housing authority for repairs to the
594594 569Springdale elderly-disabled public housing facility; provided further, that not less than
595595 570$1,000,000 shall be expended for the Malden housing authority for critical infrastructure repairs
596596 571to the Forestdale elderly-disabled public housing facility; provided further, that not less than
597597 572$500,000 shall be expended for the YWCA Malden for renovations to units within its residency
598598 573program for low-income women; provided further, that not less than $500,000 shall be expended
599599 574for the North Star Family Services, Inc.'s journey home family housing in Leominster; provided
600600 575further, that not less than $1,000,000 shall be expended for Clear Path for Veterans New
601601 576England, Inc. veterans housing in Leominster; provided further, that not less than $250,000 shall
602602 577be expended for the Lunenburg housing authority to improve and renovate site conditions in
603603 578Lunenburg; provided further, that not less than $2,000,000 shall be expended for the
604604 579Neighborhood of Affordable Housing, Inc. for the restoration and production of housing at the 27 of 181
605605 580Union Block building in Taunton; provided further, that not less than $500,000 shall be
606606 581expended for NewVue Communities, Inc. redevelopment, renovation and or repurposing of
607607 582underutilized properties; provided further, that not less than $1,000,000 shall be expended for the
608608 583permitting and engineering costs associated with establishing a connection to the Massachusetts
609609 584water resources authority for the town of Walpole through the town of Norwood; provided
610610 585further, that not less than $2,000,000 shall be expended for the city of Fitchburg to assist with the
611611 586redevelopment, renovation and site improvement of underutilized properties to provide
612612 587additional housing capacity; provided further, that not less than $250,000 shall be expended for
613613 588the Townsend housing authority to improve and renovate site conditions in Townsend; provided
614614 589further, that not less than $100,000 shall be expended for the town of Mansfield for development
615615 590in the parkway from North Main street and Chauncy street; provided further, that not less than
616616 591$2,000,000 shall be expended for the Worcester affordable housing trust fund; provided further,
617617 592that not less than $750,000 shall be expended for improvements to the West Boylston housing
618618 593authority; provided further, that not less than $250,000 shall be expended for the Groton housing
619619 594authority to improve and renovate site conditions in Groton; provided further, that not less than
620620 595$250,000 shall be expended to the Pepperell housing authority to improve and renovate site
621621 596conditions in Pepperell; provided further, that not less than $2,000,000 shall be expended for the
622622 597WHEAT Community Connections’ housing project in the town of Clinton; provided further, that
623623 598not less than $250,000 shall be expended to the town of Ashby to improve and renovate site
624624 599conditions in Ashby; provided further, that not less than $1,000,000 shall be expended for
625625 600improvements to the Leicester housing authority; provided further, that not less than $1,000,000
626626 601shall be expended for facility upgrades at Menotomy Manor and the Arlington housing authority;
627627 602provided further, that not less than $250,000 shall be expended to the affordable housing trust 28 of 181
628628 603fund in Dunstable to improve and renovate site conditions in Dunstable; provided further, that
629629 604not less than $1,000,000 shall be expended for elevator replacement at Chestnut Manor in the
630630 605town of Arlington; provided further, that not less than $500,000 shall be expended for fire alarm
631631 606upgrades at the Arlington housing authority; provided further, that not less than $350,000 shall
632632 607be expended for the Worcester housing authority to renovate and preserve affordable units on
633633 608Oberlin street; provided further, that not less than $10,000,000 shall be expended for the
634634 609Springfield housing authority; provided further, that not less than $500,000 shall be expended for
635635 610Meryl's Safe Haven Inc. to complete and operate supportive housing for youth aging out of the
636636 611foster care system; provided further, that not less than $500,000 shall be expended for the design
637637 612of the Belmont housing authority’s expansion project; provided further, that not less than
638638 613$1,000,000 shall be expended in 5 equal amounts over a consecutive 5 year period to the
639639 614Merrimack Valley Housing Partnership, Inc. to support an affordable home ownership pilot
640640 615program to bring down mortgage rates and to increase affordability for qualifying first time
641641 616home buyers purchasing a home in the city of Lowell; provided further, that not less than
642642 617$1,000,000 shall be expended for Inquilinos Boricuas en Acción, Inc. for redevelopment of 2 San
643643 618Juan street in the city of Boson for the conversion from office space to 44 units of affordable
644644 619housing; provided further, that not less than $1,000,000 shall be expended for the Sudbury
645645 620housing trust to develop affordable housing; provided further, that not less than $500,000 shall
646646 621be expended for the Lincoln affordable housing trust to acquire and maintain affordable housing;
647647 622provided further, that not less than $1,000,000 shall be expended for Inquilinos Boricuas en
648648 623Acción, Inc. to redevelop 403 Shawmut avenue in the city of Boston; provided further, that not
649649 624less than $50,000 shall be expended to the Norwell housing authority to improve and renovate
650650 625site conditions in Norwell; provided further, that not less than $2,000,000 shall be expended for 29 of 181
651651 626the expansion of the Massachusetts water resources authority services to municipalities
652652 627bordering the Wachusett reservoir; provided further, that not less than $50,000 shall be expended
653653 628to the Hanson housing authority to improve and renovate site conditions in Hanson; provided
654654 629further, that not less than $50,000 shall be expended for capital improvements to the Charlton
655655 630housing authority; provided further, that not less than $50,000 shall be expended for capital
656656 631improvements at the Dudley housing authority; provided further, that not less than $75,000 shall
657657 632be expended for capital improvements at the Webster housing authority; provided further, that
658658 633not less than $100,000 shall be expended for building upgrades and improvements at the West
659659 634Brookfield housing authority; provided further, that not less than $75,000 shall be expended for
660660 635capital improvements at the Douglas housing authority; provided further, that not less than
661661 636$75,000 shall be expended for improvements at the Sutton housing authority; provided further,
662662 637that not less than $75,000 shall be expended for capital improvements at the Oxford housing
663663 638authority; provided further, that not less than $1,000,000 shall be expended to the North Shore
664664 639Community Development Corporation for costs associated with the el centro project; provided
665665 640further, that not less than $1,500,000 shall be expended to the city of Worcester to create safe
666666 641and supportive housing programming; provided further, that not less than $500,000 shall be
667667 642expended to the city of Worcester’s elder housing repair program to address deferred
668668 643maintenance concerns and housing code violations at elder-owner occupied residential
669669 644properties; provided further, that not less than $1,500,000 shall be expended for the Watertown
670670 645housing authority for the willow park family public housing development; provided further, that
671671 646not less than $1,000,000 shall be expended to the Norwood housing authority; provided further,
672672 647that not less than $200,000 shall be expended for improvements and other costs for safe,
673673 648affordable housing and supportive services at the Merrimack Valley YMCA; provided further, 30 of 181
674674 649that not less than $100,000 shall be expended to the town of Marshfield for site evaluation,
675675 650assessment and preliminary design of the 25 acre Oak street parcel for multi-family housing;
676676 651provided further, that not less than $200,000 shall be expended for the housing assistance
677677 652program at the Greater Lawrence Community Action Council, Inc.; provided further, that not
678678 653less than $30,000 shall be expended to the town of Marshfield for updates to the existing
679679 654Marshfield housing production plan; provided further, that not less than $2,000,000 shall be
680680 655expended for a joint housing development by the Gardner housing authority, Templeton housing
681681 656authority and Winchendon housing authority that focuses on senior citizen housing; provided
682682 657further, that not less than $500,000 shall be expended to the town of Scituate to convert the old
683683 658Gates middle school into senior housing; provided further, that not less than $5,000,000 shall be
684684 659expended to the city of Boston for the affordable housing component of the redevelopment of the
685685 660Boston water and sewer commission parking lots in Roxbury; provided further, that not less than
686686 661$500,000 shall be expended for the Grafton housing authority for building upgrades and general
687687 662improvements; provided further, that not less than $500,000 shall be expended to the
688688 663Northbridge housing authority for building upgrades and improvements; provided further, that
689689 664not less than $25,900 shall be expended for Scituate to update its affordable housing plan;
690690 665provided further, that not less than $1,000,000 shall be expended for the Melrose housing
691691 666authority to make repairs to CJ McCarthy and Julian Steele facilities; provided further, that not
692692 667less than $500,000 shall be expended for the Southborough housing authority for the purchase,
693693 668acquisition, development and site preparation of new affordable housing projects; provided
694694 669further, that not less than $500,000 shall be expended for the Northborough housing authority for
695695 670capital improvement projects and other projects; provided further, that not less than $500,000
696696 671shall be expended for the Westborough affordable housing trust for capital improvements and 31 of 181
697697 672new housing production; provided further, that not less than $1,000,000 shall be expended to
698698 673Hearth Inc. for vital capital repairs across their various properties in the city of Boston; provided
699699 674further, that not less than $1,500,000 shall be expended to and disbursed equally among the local
700700 675housing authorities of the towns of Canton, Stoughton and Avon for capital improvements to
701701 676public housing properties; provided further, that not less than $500,000 shall be expended to the
702702 677Upton housing authority for building upgrades and general improvements; provided further, that
703703 678not less than $500,000 shall be expended for veteran preference housing in the city of Fall River;
704704 679provided further, that not less than $400,000 shall be expended for supportive housing for
705705 680homeless in the city of Fall River; provided further, that not less than $500,000 shall be
706706 681expended to the Winchester housing authority for the planning, design, renovation, maintenance
707707 682or construction of housing; provided further, that not less than $500,000 shall be expended for
708708 683the replacement of shingles and new siding for the Nashmont development of the New Bedford
709709 684housing authority; provided further, that not less than $1,000,000 shall be expended for the
710710 685Wakefield housing authority for the development of the Hurd school into affordable housing for
711711 686persons with disabilities; provided further, that not less than $500,000 shall be expended for
712712 687required utility upgrades at the New Bedford housing authority; provided further, that not less
713713 688than $500,000 shall be expended for the demolition of the existing building and construction of a
714714 689parking deck at 1204 Purchase street in New Bedford; provided further, that not less than
715715 690$50,000 shall be expended for the Topsfield housing authority for power washing and
716716 691renovations at Little Brook Village in Topsfield; provided further, that not less than $6,100,000
717717 692shall be expended for the Brockton yards project in the city of Brockton; provided further, that
718718 693not less than $500,000 shall be expended for the Stoneham housing authority for the planning,
719719 694design, renovation, maintenance or construction of housing; provided further, that not less than 32 of 181
720720 695$500,000 shall be expended for the Amherst municipal affordable housing trust for planning the
721721 696development of affordable housing projects; provided further, that not less than $2,000,000 shall
722722 697be expended for modernization and retrofitting at the West Broadway apartments in the South
723723 698Boston section of Boston; provided further, that not less than $1,000,000 shall be expended for
724724 699the Amherst housing authority for maintenance or capital improvements; provided further, that
725725 700not less than $25,000 shall be expended to the town of Wayland to assist the town with Chapter
726726 70140B monitoring costs; provided further, that not less than $1,000,000 shall be expended for
727727 702improvements to properties under the control of the Wayland housing authority; provided
728728 703further, that not less than $1,000,000 shall be expended for modernization and retrofitting of the
729729 704state-assisted South street apartments in the Jamaica Plain section of the Boston; provided
730730 705further, that not less than $2,000,000 shall be expended for the deep energy retrofit of the
731731 706federally-assisted Mildred C. Hailey apartments in the Jamaica Plain neighborhood in Boston;
732732 707provided further, that not less than $500,000 shall be expended for maintenance or capital
733733 708improvements at Granby housing authority; provided further, that not less than $1,000,000 shall
734734 709be expended for the Natick housing authority; provided further, that not less than $1,000,000
735735 710shall be expended for the Amherst housing authority to implement clean energy modifications on
736736 711properties in Amherst; provided further, that not less than $2,000,000 shall be expended for the
737737 712modernization of the Mary Ellen McCormack development; provided further, that not less than
738738 713$6,000 shall be expended for security cameras at St. Joseph Community, Inc.; provided further,
739739 714that not less than $250,000 shall be expended for the North Reading housing authority; provided
740740 715further, that not less than $3,000,000 shall be expended for the Needham housing authority
741741 716construction costs of affordable housing units at Linden street in Needham; provided further, that
742742 717not less than $250,000 shall be expended for the Lynnfield housing authority; provided further, 33 of 181
743743 718that not less than $3,000,000 shall be expended for the Franklin bridge senior housing project in
744744 719Franklin; provided further, that not less than $1,000,000 shall be expended for the Chelmsford
745745 720housing authority for the redevelopment of the Chelmsford Arms senior housing complex;
746746 721provided further, that not less than $2,000,000 shall be expended for the comprehensive
747747 722modernization and redevelopment of the federally-assisted heritage apartments in Boston;
748748 723provided further, that not less than $500,000 shall be expended for a grant program for
749749 724municipalities that endeavor to establish local offices of housing stability to help tenants in
750750 725housing crises including, but not limited to, unaffordability, fire, natural disaster, eviction or
751751 726condemnation; provided further, that not less than $2,000,000 shall be expended for the
752752 727construction of the transit-oriented development connector parkway in Mansfield from north
753753 728main street to Chauncy street; provided further, that not less than $1,000,000 shall be expended
754754 729for the Resilience Hub in Northampton; provided further, that not less than $2,000,000 shall be
755755 730expended for modernizing the special needs and state-assisted scattered site public housing in
756756 731Boston; provided further, that not less than $50,000 shall be expended for capital improvements
757757 732to the Westfield housing authority; provided further, that not less than $5,000,000 shall be
758758 733expended for the Brooke house, treehouse, and Harvard house projects at the Boston state
759759 734hospital in Boston; provided further, that not less than $2,000,000 shall be expended for the
760760 735state-assisted Gallivan apartments; provided further, that not less than $1,000,000 shall be
761761 736expended for the Brookline housing authority to upgrade kitchens to all-electric appliances;
762762 737provided further, that not less than $200,000 shall be expended for the Brookline Community
763763 738Development Corporation for the development of at least 8 units of affordable housing; provided
764764 739further, that not less than $50,000 shall be expended for an initial survey to develop land for
765765 740affordable housing in Southampton; provided further, that not less than $2,000,000 shall be 34 of 181
766766 741expended for the redevelopment of the federally-assisted Bunker hill apartments in Charlestown;
767767 742provided further, that not less than $100,000 shall be expended to the Abington housing authority
768768 743for building upgrades; provided further, that not less than $500,000 shall be expended to Pioneer
769769 744Valley Habitat for Humanity, Inc. for the construction of a warehouse for the purpose of
770770 745expanding affordable housing in the Connecticut river valley; provided further, that not less than
771771 746$100,000 shall be expended to the Whitman housing authority for building for building
772772 747upgrades; provided further, that not less than $100,000 shall be expended to the East Bridgewater
773773 748housing authority for building upgrades and general improvements; provided further, that not
774774 749less than $3,000,000 shall be expended for the redevelopment of the federally-assisted Patricia
775775 750White apartments in the Brighton section of the city of Boston; provided further, that not less
776776 751than $100,000 shall be expended for improvements to the Auburn housing authority; provided
777777 752further, that not less than $100,000 shall be expended for improvements to the Millbury housing
778778 753authority; provided further, that not less than $100,000 shall be expended for improvements to
779779 754the Leicester housing authority; provided further, that not less than $500,000 shall be expended
780780 755to the Springfield housing authority for security camera improvements at the riverview complex;
781781 756provided further, that not less than $10,000,000 shall be expended for grants and loans to
782782 757developers with not more than $2,000,000 in assets under management to facilitate affordable
783783 758housing production in gateway municipalities; provided further, that not less than $1,500,000
784784 759shall be expended for the Thatcher street project in the city of Brockton; provided further, that
785785 760not less than $500,000 shall be expended to the town of Shutesbury for testing and filtration
786786 761equipment associated with residential wells contaminated by per- and polyfluoroalkyl
787787 762substances; provided further, that not less than $1,000,000 shall be expended to the town of
788788 763Ludlow for the purpose of planning, pre-development, and site preparation for certain buildings 35 of 181
789789 764located at 63 Chestnut street and 54 Windsor street to be used for affordable, senior, or mixed-
790790 765use housing; provided further, that not less than $2,500,000 shall be expended for the affordable
791791 766housing project of the Austin street parking lots in the Charlestown neighborhood in the city of
792792 767Boston; provided further, that not less than $500,000 shall be expended for veteran preference
793793 768housing in the city of Lowell; provided further, that not less than $4,000,000 shall be expended
794794 769for affordable housing production for seniors, veterans and persons with disabilities in the town
795795 770of Braintree; provided further, that not less than $2,500,000 shall be expended for housing
796796 771modernization, water and sewage improvements and retrofit of the Fairmount apartments in the
797797 772Hyde Park neighborhood of the city of Boston; provided further, that not less than $500,000 shall
798798 773be expended to the Springfield Tower Square, LLC for a net-zero clean energy mixed-use
799799 774residential development at 1500 Main street in the city of Springfield; provided further, that not
800800 775less than $500,000 shall be expended to HLRE Development, LLC for the conversion of the
801801 776board of trade block building into affordable and mixed-use housing in the city of Springfield;
802802 777provided further, that not less than $3,000,000 shall be expended for the creation of supportive
803803 778housing for those with mental health and substance abuse disorders in the city of Boston;
804804 779provided further, that not less than $2,000,000 shall be expended to the town of Middleton for
805805 780infrastructure improvements on route 114; provided further, that not less than $10,000,000 shall
806806 781be expended for the Lawrence housing authority for infrastructure and maintenance repairs;
807807 782provided further, that not less than $1,000,000 shall be expended for the city of Haverhill as
808808 783bridge funding for shovel ready housing projects; provided further, that not less than $500,000
809809 784shall be expended to the Haverhill housing authority 335 Groveland supportive housing project;
810810 785provided further, that not less than $5,000,000 shall be expended to the city of Boston to support
811811 786the acquisition of tenanted housing for the purposes of stabilization tenancies and converting 36 of 181
812812 787such property into permanent affordable housing; provided further, that not less than $1,000,000
813813 788shall be expended to provide permanent supportive housing for formerly homeless individuals at
814814 789the 41 LaGrange street project in the city of Boston; provided further, that not less than
815815 790$1,500,000 shall be expended for the New Bedford small developer go fund; provided further,
816816 791that not less than $1,000,000 shall be expended for the International Veterans Care Services Inc
817817 792for the veterans safe haven project; provided further, that not less than $1,500,000 shall be
818818 793expended for the New Bedford office of housing and community development to provide
819819 794financial assistance for development costs of converting commercial to residential housing;
820820 795provided further, that not less than $2,000,000 shall be expended for roadway improvements to
821821 796increase access to new housing units in the town of Rowley; provided further, that not less than
822822 797$500,000 shall be expended for the Brockton housing authority for the planning, design,
823823 798renovation, maintenance or construction of housing; provided further, that not less than $500,000
824824 799shall be expended for the Salem affordable housing trust fund; provided further, that not less than
825825 800$1,000,000 shall be expended for the West Springfield housing authority for capital
826826 801improvement projects and upgrades; provided further, that not less than $100,000 shall be
827827 802expended for a site identification feasibility study for artist housing for the Barrington Stage
828828 803Company, Inc. and Berkshire Theatre Group, Inc. in the city of Pittsfield; provided further, that
829829 804not less than $500,000 shall be expended to the city of Greenfield for affordable, senior or
830830 805mixed-use housing; provided further, that not less than $500,000 shall be expended to Rural
831831 806Development, Inc. for technical assistance; provided further, that not less than $1,000,000 shall
832832 807be expended to Revitalization Effort Toward New Urbanism, Inc for the production of more than
833833 808100 affordable housing units at Merrimack street corridor in the city of Lowell; provided further,
834834 809that not less than $5,000,000 shall be expended for the Suffolk Downs project in the city of 37 of 181
835835 810Boston and the city of Revere; provided further, that not less than $1,000,000 shall be expended
836836 811to the city of Everett for 4 to 8 affordable housing units; provided further, that not less than
837837 812$5,000,000 shall be expended for the transit-orientated development mixed-use housing project
838838 813at Riverside station; provided further, that not less than $2,000,000 shall be expended for the
839839 814comprehensive modernization of the state-assisted Franklin field apartments in the Dorchester
840840 815section of the city of Boston; provided further, that not less than $700,000 shall be expended for
841841 816East Boston Community Development Corporation for repairs and maintenance of income-
842842 817restricted and subsidized rental properties; provided further, that not less than $1,000,000 shall
843843 818be expended to the Belmont Housing Authority for capital improvements to the Sherman
844844 819Gardens public housing development in the town of Belmont; provided further, that not less than
845845 820$500,000 shall be expended to the Watertown Housing Authority for construction of a group
846846 821home at 103 Nichols avenue in the city of Watertown; provided further, that not less than
847847 822$6,500,000 shall be allocated to the comprehensive modernization and redevelopment of the
848848 823federally-assisted Patricia White apartments in the Brighton section of the city of Boston;
849849 824provided further, that not less than $25,000 shall be expended to the town of Hubbardston for the
850850 825redevelopment of the sand pit sites in the town of Hubbardston; provided further, that not less
851851 826than $100,000 shall be expended for improvements to the Holden Housing Authority; provided
852852 827further, that not less than $100,000 shall be expended for improvements to the Leicester Housing
853853 828Authority; provided further, that not less than $500,000 shall be expended to the West Brookfield
854854 829Housing Authority for building upgrades and general improvements; provided further, that not
855855 830less than $1,000,000 shall be expended to the Spencer Housing Authority for facility upgrades;
856856 831provided further, that not less than $2,000,000 shall be expended to the Barre Housing Authority
857857 832for building expansions; provided further, that not less than $5,000,000 shall be expended to the 38 of 181
858858 833Fitchburg Redevelopment Authority for downtown housing development; provided further, that
859859 834not less than $500,000 shall be expended to the Bellingham Housing Authority; provided further,
860860 835that not less than $250,000 shall be expended to the Dover Housing Partnership Committee;
861861 836provided further, that not less than $1,000,000 shall be expended to the Franklin Housing
862862 837Authority; provided further, that not less than $500,000 shall be expended to the Medfield
863863 838Housing Authority; provided further, that not less than $1,000,000 shall be expended to the
864864 839Milford Housing Authority; provided further, than not less than $500,000 hall be expended to the
865865 840Millis Housing Authority; provided further, that not less than $1,000,000 shall be expended to
866866 841the Needham Housing Authority; provided further, than not less than $500,000 shall be
867867 842expended to the Norfolk Housing Authority; provided further, than not less than $500,000 shall
868868 843be expended to the Plainville Housing Authority; provided further, than not less than $250,000
869869 844shall be expended to the Sherborn Housing Trust; provided further, than not less than $500,000
870870 845shall be expended to the Wrentham Housing Authority; provided further, that not less than
871871 846$2,500,000 shall be expended to the Boston Housing Authority for housing modernization, water
872872 847and sewer improvements and retrofitting the Fairmount public housing projects in the Hyde Park
873873 848section of the city of Boston; provided further, that not less than $8,000,000 shall be expended to
874874 849the Lowell Housing Authority for the development of new affordable housing units and new
875875 850veterans supportive housing units; provided further, that not less than $1,000,000 shall be
876876 851expended to the Brockton Housing Authority for the planning, design, renovation, maintenance
877877 852or construction of housing; provided further, that not less than $4,500,000 shall be expended to
878878 853Westmass Area Development Corporation to support the predevelopment, demolition and
879879 854stabilization of properties and expenses associated with the preparation of affordable housing at
880880 855the Ludlow Mills in the town of Ludlow; provided further, that not less than $15,000,000 shall 39 of 181
881881 856be expended to the Disabled American Veterans Department of Massachusetts Service Fund, Inc.
882882 857for the renovation, rehabilitation, construction and establishment of housing for veterans and
883883 858their families; provided further, that not less than $1,000,000 shall be expended to Double Edge
884884 859Theatre Productions Incorporated in the town of Ashfield for the development of affordable
885885 860housing and workforce housing with a community space on a currently underutilized property;
886886 861provided further, that not less than $1,000,000 shall be expended to Berkshire Natural Resources
887887 862Council, Inc. for the construction of new workforce housing and conservation of land and natural
888888 863resources in the town of Egremont on the 225-acre former Egremont Golf Club property;
889889 864provided further, that not less than $1,000,000 shall be expended to the Community
890890 865Development Corporation of South Berkshire, Inc. for the redevelopment and remediation costs
891891 866of new housing projects at the former Thornewood Inn and 100 Bridge street in the town of
892892 867Great Barrington; provided further, that not less than $500,000 shall be expended to Central
893893 868Berkshire Habitat for Humanity, Inc. for the creation of affordable housing projects in Berkshire
894894 869county in collaboration with local communities; provided further, that not less than $1,000,000
895895 870shall be expended to Hilltown Community Development Corporation for the creation of new
896896 871housing and redevelopment of vacant properties in the rural hill towns of Berkshire, Hampden
897897 872and Hampshire counties; provided further, that not less than $500,000 shall be expended to the
898898 873North Adams Housing Authority; provided further, that not less than $500,000 shall be expended
899899 874to Westside Legends, Inc. in the city of Pittsfield for the construction of new affordable
900900 875homeownership units in 5 multifamily residential buildings constructed on a currently vacant lot;
901901 876provided further, that not less than $500,000 shall be expended to the Southwick Housing
902902 877Authority; provided further, that not less than $1,000,000 shall be expended to the Massachusetts
903903 878Housing Finance Agency to be administered as grants to certified sober homes for sprinklers 40 of 181
904904 879installed in accordance with the state building code; provided further, that not less than
905905 880$1,000,000 shall be expended for the town of Harvard to purchase, rehabilitate and make
906906 881improvements to the Bromfield House located at 39 Massachusetts avenue in the town of
907907 882Harvard to provide public housing to immigrant families; provided further, that not less than
908908 883$1,000,000 shall be expended for the Marlborough Housing Authority; provided further, that not
909909 884less than $500,000 shall be expended for the Haverhill Housing Authority for construction of a
910910 88534-unit affordable rental multi-family development at 230 Hilldale avenue in the city of
911911 886Haverhill; provided further, that not less than $500,000 shall be expended for the Hudson
912912 887Housing Authority; provided further, that not less than $1,500,000 shall be expended to the
913913 888Methuen Housing Authority for capital improvements; provided further, that not less than
914914 889$1,500,000 shall be expended to Way Finders, Inc. for a multi-phase housing development on
915915 890South High street in the city of Holyoke; provided further, that not less than $500,000 shall be
916916 891expended for the Acton Housing Authority; provided further, that not less than $500,000 shall be
917917 892expended to the Easthampton Housing Authority for capital improvement projects and upgrades;
918918 893provided further, that not less than $500,000 shall be expended for the Ayer Housing Authority;
919919 894provided further, that not less than $1,500,000 shall be expended to the Melrose Housing
920920 895Authority for critical infrastructure repairs to the CJ McCarthy and Julian Steele elderly-disabled
921921 896public housing facilities; provided further, that not less than $5,000,000 shall be expended for the
922922 897Arlington Housing Authority for envelope repairs and improvements at Menotomy Manor in the
923923 898town of Arlington; provided further, that not less than $1,200,000 shall be expended to the
924924 899Holyoke Housing Authority for capital improvement projects and upgrades; provided further,
925925 900that not less than $1,550,000 shall be expended to the Chicopee Housing Authority for capital
926926 901improvement projects and upgrades; provided further, that not less than $5,000,000 shall be 41 of 181
927927 902expended to the Springfield Housing Authority for capital improvements; provided further, that
928928 903not less than $2,250,000 shall be expended to New North Citizens Council, Inc. for pre-
929929 904development and construction activities related to the redevelopment of the former Brightwood
930930 905School at 471 Plainfield street in the city of Springfield; provided further, that not less than
931931 906$275,000 shall be expended to Way Finders, Inc. for capital improvement projects and upgrades
932932 907to the Southampton Meadows apartments; provided further, that not less than $1,000,000 shall be
933933 908expended to the Wakefield Housing Authority for the development of the former Hurd school
934934 909into affordable housing for individuals with disabilities; provided further, that not less than
935935 910$500,000 shall be expended to the Westfield Housing Authority for capital improvement projects
936936 911and upgrades; provided further, that not less than $1,000,000 shall be expended to the Agawam
937937 912Housing Authority for capital improvement projects and upgrades; provided further, that not less
938938 913than $500,000 shall be expended to the Valley Community Development Corporation for design
939939 914and construction of solar energy systems and development at the Amherst Community Homes
940940 915project in the city known as the town of Amherst; provided further, that not less than $1,000,000
941941 916shall be expended to the West Springfield Housing Authority for capital improvement projects
942942 917and upgrades; provided further, that not less than $500,000 shall be expended for the Littleton
943943 918Housing Authority; provided further, that not less than $2,000,000 shall be expended to Way
944944 919Finders, Inc. for the East Street and the Belchertown Road affordable housing projects in the city
945945 920known as the town of Amherst; provided further, that not less than $1,000,000 shall be expended
946946 921to the Avon Housing Authority to make necessary capital and accessibility improvements to the
947947 922resident community center; provided further, that not less than $1,000,000 shall be expended for
948948 923the town of Leverett for housing development or redevelopment efforts in accordance with the
949949 924town’s comprehensive plan, existing town needs and coordination with neighboring 42 of 181
950950 925municipalities on housing developments that impact both municipalities; provided further, that
951951 926not less than $500,000 shall be expended for the Maynard Housing Authority; provided further,
952952 927that not less than $50,000 shall be expended to the Dedham Housing Authority for maintenance
953953 928and improvements; provided further, that not less than $50,000 shall be expended to the
954954 929Norwood Housing Authority for maintenance and improvements; provided further, that not less
955955 930than $50,000 shall be expended to the Walpole Housing Authority for maintenance and
956956 931improvements; provided further, that not less than $50,000 shall be expended to the Westwood
957957 932Housing Authority for maintenance and improvements; provided further, that not less than
958958 933$2,000,000 shall be expended to the city of Worcester for a lead abatement program; provided
959959 934further, that not less than $500,000 shall be expended to Worcester Common Ground Inc., to
960960 935renovate 9 May street, a nonprofit affordable housing property; provided further, that not less
961961 936than $2,000,000 shall be expended to the city of Worcester for an affordable housing
962962 937preservation program; provided further, that not less than $2,500,000 shall be expended to the
963963 938Main South Community Development Corporation for the development of 100 new affordable
964964 939housing units; provided further, that not less than $500,000 shall be expended for the
965965 940Southborough Housing Authority; provided further, that not less than $2,500,000 shall be
966966 941expended to the Newton Housing Authority for window replacement, energy efficiency upgrades
967967 942to deteriorating existing units and the addition of new affordable units; provided further, that not
968968 943less than $1,000,000 shall be expended to the Wellesley Housing Authority for infrastructure
969969 944updates, maintenance and accessibility projects; provided further, that not less than $500,000
970970 945shall be expended for the Sudbury Housing Authority; provided further, that not less than
971971 946$5,000,000 shall be expended for the development of affordable housing in the city of Lawrence
972972 947for unhoused families, families impacted by domestic violence, veterans and victims of human 43 of 181
973973 948trafficking; provided further, that not less than $500,000 shall be expended for the Wayland
974974 949Housing Authority; provided further, that not less than $500,000 shall be expended to the Dalton
975975 950Housing Authority; provided further, that not less than $1,000,000 shall be expended to the
976976 951Quincy Housing Authority for purposes including, but not limited to, planning, design,
977977 952engineering and construction of public housing units, site and building infrastructure repairs and
978978 953property acquisition; provided further, that not less than $500,000 shall be expended to the
979979 954Abington Housing Authority for purposes including, but not limited to, planning, design,
980980 955engineering and construction of public housing units, site and building infrastructure repairs and
981981 956property acquisition; provided further, that not less than $500,000 shall be expended to the
982982 957Hanover Housing Authority for purposes including, but not limited to, planning, design,
983983 958engineering and construction of public housing units, site and building infrastructure repairs and
984984 959property acquisition; provided further, that not less than $500,000 shall be expended to the
985985 960Holbrook Housing Authority for purposes including, but not limited to, planning, design,
986986 961engineering and construction of public housing units, site and building infrastructure repairs and
987987 962property acquisition; provided further, that not less than $500,000 shall be expended to the
988988 963Rockland Housing Authority for purposes including, but not limited to, planning, design,
989989 964engineering and construction of public housing units, site and building infrastructure repairs and
990990 965property acquisition; provided further, that not less than $600,000 shall be expended for People
991991 966Acting in Community Endeavors, Inc. in the city of New Bedford for the rehabilitation of
992992 967residential units into affordable housing for renters and first-time homebuyers; provided further,
993993 968that not less than $1,000,000 shall be expended for the demolition of the existing building and
994994 969construction of a parking deck at 1204 Purchase street in the city of New Bedford to enable local
995995 970housing development; provided further, that not less than $5,000,000 shall be expended to the 44 of 181
996996 971New Bedford Housing Authority for renovations, repairs and remodeling projects to preserve
997997 972housing stock and improve tenant quality of living; provided further, that not less than $500,000
998998 973shall be expended for Partners in Housing, Inc. for affordable senior housing at the Mendes-
999999 974Monteiro House in the town of Dartmouth; provided further, that not less than $2,000,000 shall
10001000 975be expended for the Brookline Housing Authority; provided further, that not less than $2,500,000
10011001 976shall be expended to the city of Salem for the redevelopment of the former historic Salem
10021002 977superior court and county commissioner's building for mixed; provided further, that not less than
10031003 978$1,000,000 shall be expended to the Salem Housing Authority for purposes, including, but not
10041004 979limited to, housing-related infrastructure improvements, unit modernization and maintenance;
10051005 980provided further, that not less than $1,000,000 shall be expended to the Danvers Housing
10061006 981Authority for purposes, including, but not limited to, housing-related infrastructure
10071007 982improvements, unit modernization and maintenance; provided further, that not less than
10081008 983$1,000,000 shall be expended to the Peabody Housing Authority for purposes, including, but not
10091009 984limited to, housing-related infrastructure improvements, unit modernization and maintenance;
10101010 985provided further, that not less than $1,000,000 shall be expended to the Beverly Housing
10111011 986Authority for purposes, including, but not limited to, housing-related infrastructure
10121012 987improvements, unit modernization and maintenance; provided further, that not less than
10131013 988$4,500,000 shall be expended to the Malden Housing Authority for critical infrastructure repairs
10141014 989to public housing units for seniors and individuals with disabilities; provided further, that not less
10151015 990than $500,000 shall be expended to the Braintree Housing Authority; provided further, that not
10161016 991less than $500,000 shall be expended to the Bridgewater Housing Authority; provided further,
10171017 992that not less than $500,000 shall be expended to the Easton Housing Authority; provided further,
10181018 993that not less than $500,000 shall be expended to the Milton Housing Authority; provided further, 45 of 181
10191019 994that not less than $500,000 shall be expended to the Randolph Housing Authority; provided
10201020 995further, that not less than $500,000 shall be expended to the Stoughton Housing Authority;
10211021 996provided further, that not less than $500,000 shall be expended to the West Bridgewater Housing
10221022 997Authority; provided further, that not less than $1,000,000 shall be expended to the Bridgewater
10231023 998Housing Authority to support a sewer line replacement project; provided further, that not less
10241024 999than $1,470,000 shall be expended to Valley Community Land Trust, Incorporated for land
10251025 1000acquisition and construction and development of affordable housing in Franklin county; provided
10261026 1001further, that not less than $1,000,000 shall be expended to the city of Gloucester for workforce
10271027 1002development and affordable housing purposes; provided further, that not less than $250,000 shall
10281028 1003be expended for public housing redevelopment at the Monson Developmental Center in the town
10291029 1004of Monson; provided further, that not less than $1,000,000 shall be expended for the creation of
10301030 1005affordable housing units in the Stevens Linen Mill public housing development project in the
10311031 1006town of Dudley; provided further, that not less than $500,000 shall be expended to the town of
10321032 1007Northbridge for housing redevelopment projects; provided further, that not less than $500,000
10331033 1008shall be expended to the town of Upton for housing infrastructure improvements; provided
10341034 1009further, that not less than $1,000,000 shall be expended for sewer, septic, water, storm water
10351035 1010management, roads, sidewalks, traffic controls and public safety infrastructure upgrades and
10361036 1011expansions that advance projects that support housing development, preservation or
10371037 1012rehabilitation in the town of Auburn; provided further, that not less than $1,000,000 shall be
10381038 1013expended for sewer, septic, water, storm water management, roads, sidewalks, traffic controls
10391039 1014and public safety infrastructure upgrades and expansions that advance projects that support
10401040 1015housing development, preservation or rehabilitation in the town of Grafton; provided further, that
10411041 1016not less than $1,000,000 shall be expended for sewer, septic, water, storm water management, 46 of 181
10421042 1017roads, sidewalks, traffic controls and public safety infrastructure upgrades and expansions that
10431043 1018advance projects that support housing development, preservation or rehabilitation in the town of
10441044 1019Millbury; provided further, that not less than $1,000,000 shall be expended for sewer, septic,
10451045 1020water, storm water management, roads, sidewalks, traffic controls and public safety
10461046 1021infrastructure upgrades and expansions that advance projects that support housing development,
10471047 1022preservation or rehabilitation in the town of Shrewsbury; provided further, that not less than
10481048 1023$1,000,000 shall be expended for sewer, septic, water, storm water management, roads,
10491049 1024sidewalks, traffic controls and public safety infrastructure upgrades and expansions that advance
10501050 1025projects that support housing development, preservation or rehabilitation in the town of
10511051 1026Westborough; provided further, that not less than $2,000,000 shall be expended for sewer, septic,
10521052 1027water, storm water management, roads, sidewalks, traffic controls and public safety
10531053 1028infrastructure upgrades and expansions that advance projects that support housing development,
10541054 1029preservation or rehabilitation in the city of Worcester; provided further, that not less than
10551055 1030$500,000 shall be expended to the town of Middleton for infrastructure improvements to support
10561056 1031housing and public safety; provided further, that not less than $2,000,000 shall be expended for
10571057 1032infrastructure improvement to facilitate housing production along the United States highway
10581058 1033route 1 corridor between the town of Topsfield and the town of Salisbury; provided further, that
10591059 1034not less than $500,000 shall be expended to the city of Newburyport for the development of
10601060 1035housing at the former Brown school located at 40 Milk street in the city of Newburyport;
10611061 1036provided further, that not less than $250,000 shall be expended to the town of North Reading for
10621062 1037infrastructure improvements to support housing production; provided further, that not less than
10631063 1038$250,000 shall be expended to the Rockport Affordable Housing Trust for the production of
10641064 1039affordable housing; provided further, that not less than $500,000 shall be expended to Housing 47 of 181
10651065 1040Support Inc. in the city of Newburyport for the creation of housing to support populations, which
10661066 1041may include, but shall not be limited to, low-income individuals, homeless individuals, people
10671067 1042with disabilities, veterans and individuals in recovery in the Merrimack valley; provided further,
10681068 1043that not less than $1,000,000 shall be expended to the Greater Boston Community Land Trust for
10691069 1044the acquisition, development and rehabilitation of property to be preserved for long-term
10701070 1045affordable housing; provided further, that not less than $7,000,000 shall be expended to
10711071 1046Children’s Services of Roxbury, Inc. to develop affordable, supportive housing for transition-
10721072 1047aged youth facing homelessness or aging out of systems and for homeless families coping with
10731073 1048trauma and mental health needs; provided further, that not less than $500,000 shall be expended
10741074 1049to the Winchester Housing Authority; provided further, that not less than $500,000 shall be
10751075 1050expended to the Cape Cod Chamber of Commerce for the construction of new accessory
10761076 1051dwelling units to increase affordable workforce housing through an employer housing
10771077 1052partnership program; provided further, that not less than $1,000,000 shall be expended to the
10781078 1053Housing Assistance Corporation for the construction and build-out of a regional housing
10791079 1054resource center; provided further, that not less than $500,000 shall be expended to the Stoneham
10801080 1055Housing Authority; provided further, that not less than $1,000,000 shall be expended to the
10811081 1056Canton Housing Authority; provided further, that not less than $1,000,000 shall be expended to
10821082 1057the Foxborough Housing Authority; provided further, that not less than $1,000,000 shall be
10831083 1058expended to the Sharon Housing Authority; provided further, that not less than $1,000,000 shall
10841084 1059be expended to the Norton Housing Authority; provided further, that not less than $1,000,000
10851085 1060shall be expended to the North Attleboro Housing Authority; provided further, that not less than
10861086 1061$3,000,000 shall be expended to Northern Bristol County Assistance Collaborative, Inc. for
10871087 1062development costs for the Attleboro affordable senior housing project; provided further, that not 48 of 181
10881088 1063less than $500,000 shall be expended to the Rehoboth Housing Authority for the design and
10891089 1064construction of new senior housing units; provided further, that not less than $500,000 shall be
10901090 1065expended to the Carver Housing Authority for housing improvements, including, but not limited
10911091 1066to, modernization, energy efficiencies and sustainability; provided further, that not less than
10921092 1067$500,000 shall be expended to the Dighton Housing Authority for housing improvements,
10931093 1068including, but not limited to, modernization, energy efficiencies and sustainability; provided
10941094 1069further, that not less than $1,000,000 shall be expended to the Middleborough Housing Authority
10951095 1070for housing improvements, including, but not limited to, modernization, energy efficiencies and
10961096 1071sustainability; provided further, that not less than $500,000 shall be expended to the Raynham
10971097 1072Housing Authority for housing improvements, including, but not limited to, modernization,
10981098 1073energy efficiencies and sustainability; provided further, that not less than $3,500,000 shall be
10991099 1074expended to the Taunton Housing Authority for housing improvements, including, but not
11001100 1075limited to, modernization, energy efficiencies and sustainability; provided further, that not less
11011101 1076than $500,000 shall be expended to the Wareham Housing Authority for new senior housing
11021102 1077construction and housing improvements, including, but not limited to, modernization, energy
11031103 1078efficiencies and sustainability; provided further, that not less than $3,000,000 shall be expended
11041104 1079for planning and design of water infrastructure interconnections between municipalities and
11051105 1080other public water suppliers affected by the Ipswich river watershed to support current and future
11061106 1081housing stock; provided further, that not less than $750,000 shall be expended for the Simonelli
11071107 1082Innovation Center at the Hamilton Mills building for an affordable housing development project
11081108 1083in the town of Southbridge; provided further, that not less than $1,000,000 shall be expended for
11091109 1084the modernization of elevators at the Ruth Lillian Barkley development in the South End section
11101110 1085of the city of Boston; provided further, that not less than $1,000,000 shall be expended to the 49 of 181
11111111 1086Boston Housing Authority for the modernization of the St. Botolph apartments in the city of
11121112 1087Boston; provided further, that not less than $1,000,000 shall be expended to Codman Square
11131113 1088Neighborhood Development Corporation for design, construction and maintenance of affordable
11141114 1089housing; provided further, that not less than $1,000,000 shall be expended to South Boston
11151115 1090Neighborhood Development Corporation for design, construction and maintenance of affordable
11161116 1091housing; provided further, that not less than $1,000,000 shall be expended to Caribbean
11171117 1092Integration Community Development, Inc. for design, construction and maintenance of
11181118 1093affordable housing; provided further, that not less $1,000,000 shall be expended to St. Mary’s
11191119 1094Center for Women and Children, Inc. for renovation and construction of supportive housing
11201120 1095units; provided further, that not less than $2,000,000 shall be expended to the Boston Housing
11211121 1096Authority for the modernization and maintenance of the Monsignor Powers apartments, West
11221122 1097Ninth Street apartments and Foley apartments in the South Boston section of the city of Boston;
11231123 1098provided further, that not less than $15,000,000 shall be expended to the Boston Housing
11241124 1099Authority for the creation of federally-assisted housing in the city of Boston pursuant to the
11251125 1100United States Department of Housing and Urban Development’s Rental Assistance
11261126 1101Demonstration program or related federal housing programs; provided further, that not less than
11271127 1102$5,000,000 shall be expended to the town of Truro to complete water main extension and road
11281128 1103work improvements related to the construction of housing at the Walsh Property project;
11291129 1104provided further, that not less than $1,000,000 shall be expended to the Somerset Housing
11301130 1105Authority for critical infrastructure repairs, maintenance and capital improvement projects;
11311131 1106provided further, that not less than $1,000,000 shall be expended to the Swansea Housing
11321132 1107Authority for critical infrastructure repairs, maintenance and capital improvement projects;
11331133 1108provided further, that not less than $1,000,000 shall be expended to the Westport Housing 50 of 181
11341134 1109Authority for critical infrastructure repairs, maintenance and capital improvement projects;
11351135 1110provided further, that not less than $5,000,000 shall be expended to the Fall River Housing
11361136 1111Authority for facility renovations and security improvements; provided further, that not less than
11371137 1112$5,000,000 shall be expended to the city of Boston to automate the ground water monitoring
11381138 1113system; provided further, that not less than $2,000,000 shall be expended to the city known as
11391139 1114the town of Winthrop for infrastructure and demolition of the former middle school located at
11401140 1115141 Pauline street; and provided further, that not less than $1,000,000 shall be expended to the
11411141 1116city of Revere for senior housing upgrades and improvements to Revere Housing Authority
11421142 1117properties…………………………………………………………………………….$425,756,900
11431143 1118 EXECUTIVE OFFICE OF HOUSING AND LIVABLE COMMUNITIES
11441144 1119 Office of the Secretary
11451145 1120 7004-0077For a local capital projects grant program to support and encourage
11461146 1121implementation of the housing choice designation for communities that have demonstrated
11471147 1122housing production and adoption of housing best practices, including a grant program to assist
11481148 1123MBTA communities in complying with the multi-family zoning requirement in section 3A of
11491149 1124chapter 40A of the General Laws..................................................................................$50,000,000
11501150 1125 7004-0079For the Smart Growth Housing Trust Fund established in section 35AA of
11511151 1126chapter 10 of the General Laws…………………………...…………………………..$20,000,000
11521152 1127 7004-0081For a reserve to support the production of for-sale, below market housing
11531153 1128to expand homeownership opportunities for first-time homebuyers and socially and economically
11541154 1129disadvantaged individuals; provided, that grants and loans to developers shall be used to
11551155 1130facilitate production of affordable homeownership units for households earning not more than 51 of 181
11561156 1131120 per cent of the area median income; provided further, that projects with units restricted to
11571157 1132households with incomes of not more than 80 per cent of the area median income shall receive
11581158 1133preference; provided further, that funds expended from this item shall, to the maximum extent
11591159 1134feasible, be prioritized for projects that comply with decarbonization and sustainability
11601160 1135standards; provided further, that prioritization shall be determined through objective scoring
11611161 1136criteria in the Qualified Allocation Plan developed by the executive office of housing and livable
11621162 1137communities; provided further, that for new construction projects, the standards set forth in the
11631163 1138commonwealth’s Opt-in Specialized Energy Code under 225 CMR 22.00 and 23.00 and the
11641164 1139Enterprise Green Communities standards shall be the applicable standards for prioritization;
11651165 1140provided further, that any project proposing less than full compliance with said standards shall
11661166 1141provide detailed analysis demonstrating why full compliance would render the project infeasible
11671167 1142notwithstanding utilization of all available federal and state incentives, including rebates and tax
11681168 1143credits; provided further, that for retrofits of existing units, prioritization shall be given to
11691169 1144projects that include energy efficiency and electrification decarbonization measures, including,
11701170 1145but not limited to, electric or ground source heat pumps, net-zero developments, Passive House
11711171 1146Institute certification or an equivalent energy efficiency certification, and all-electric buildings
11721172 1147and projects that incorporate green, sustainable and climate-resilient elements; provided further,
11731173 1148that projects that include lower embodied carbon construction materials and methods shall be
11741174 1149further prioritized; provided further, that the minimum number of units for qualifying projects
11751175 1150under the program shall be 10 units unless otherwise approved by the secretary of housing and
11761176 1151livable communities; provided further, that funds in this item shall be distributed in a manner that
11771177 1152promotes geographic equity; provided further, that grants may include a requirement for
11781178 1153matching funds; provided further, that the executive office of housing and livable communities 52 of 181
11791179 1154may enter into such contracts and agreements with the Massachusetts Housing Finance Agency,
11801180 1155or such other public agencies and instrumentalities as it may determine, for the administration of
11811181 1156such program; and provided further, that not more than 5 per cent of this item shall be used for
11821182 1157the reasonable costs of administering the program......................................................$100,000,000
11831183 1158 7004-0082For grants and technical assistance for municipalities and regional
11841184 1159applicants to support planning and locally-driven initiatives related to community development,
11851185 1160housing production, workforce training and economic opportunity, childcare and early education
11861186 1161initiatives and climate resilience initiatives, including nature-based solutions projects, that
11871187 1162incorporate these elements, across the commonwealth within individual communities, regions or
11881188 1163a defined subset of communities therein; provided, that funds may be expended for culturally
11891189 1164competent and multi-lingual technical assistance and training to small businesses; provided
11901190 1165further, that preference for such funds shall be given to businesses located in low- or moderate-
11911191 1166income areas and owned by socially and economically disadvantaged individuals; and provided
11921192 1167further, that grants shall be awarded in a manner that promotes geographic equity.....$25,000,000
11931193 1168 7004-0083For the HousingWorks infrastructure program established in section 27½
11941194 1169of chapter 23B of the General Laws; provided, that the executive office shall consider
11951195 1170geographic equity in awarding funds from this item ………………………………..$175,000,000
11961196 1171 7004-0085For state financial assistance to cities and towns or agencies, boards,
11971197 1172commissions, authorities, departments or instrumentalities thereof or community development
11981198 1173corporations or nonprofit organizations to assist in the revitalization of neighborhoods and
11991199 1174communities with properties in blighted or substandard conditions by subsidizing the purchase
12001200 1175price, borrowing costs or costs of demolition or renovation projects of not more than 50 units of 53 of 181
12011201 1176residential rental housing or 1 to 4 units, inclusive, of home ownership residential housing that
12021202 1177have been cited for building or sanitary code violations or that are subject to cancellation of
12031203 1178commercial property insurance due to substandard property conditions or are otherwise blighted
12041204 1179or substandard; provided, that contracts entered into by the executive office of housing and
12051205 1180livable communities for those projects may include, but shall not be limited to, projects
12061206 1181providing for demolition, renovation, remodeling, reconstruction, redevelopment and hazardous
12071207 1182material abatement, including asbestos and lead paint, and for compliance with state codes and
12081208 1183laws and for adaptations necessary for compliance with the Americans with Disabilities Act of
12091209 11841990; provided further, that preference shall be given to community development corporations
12101210 1185and local non-profit organizations, organizations sponsoring projects that secure private funds
12111211 1186and projects with the greatest impact on community stabilization in weak markets, including, but
12121212 1187not limited to, rural communities and communities that have been disproportionately affected by
12131213 1188disinvestment, foreclosure and abandonment; provided further, that financial assistance shall be
12141214 1189awarded in a manner that promotes geographic, social, racial and economic equity; provided
12151215 1190further, that funds expended from this item shall, to the maximum extent feasible, be prioritized
12161216 1191for projects that comply with decarbonization and sustainability standards; provided further, that
12171217 1192prioritization shall be determined through objective scoring criteria in the Qualified Allocation
12181218 1193Plan developed by the executive office of housing and livable communities; provided further,
12191219 1194that for new construction projects, the standards set forth in the commonwealth’s Opt-in
12201220 1195Specialized Energy Code under 225 CMR 22.00 and 23.00 and the Enterprise Green
12211221 1196Communities standards shall be the applicable standards for prioritization; provided further, that
12221222 1197any project proposing less than full compliance with said standards shall provide detailed
12231223 1198analysis demonstrating why full compliance would render the project infeasible notwithstanding 54 of 181
12241224 1199utilization of all available federal and state incentives, including rebates and tax credits; provided
12251225 1200further, that for retrofits of existing units, prioritization shall be given to projects that include
12261226 1201energy efficiency and electrification decarbonization measures, including, but not limited to,
12271227 1202electric or ground source heat pumps, net-zero developments, Passive House Institute
12281228 1203compliance or an equivalent energy efficiency certification, and all-electric buildings and
12291229 1204projects that incorporate green, sustainable and climate-resilient elements; provided further, that
12301230 1205projects that include lower embodied carbon construction materials and methods shall be further
12311231 1206prioritized; provided further, that such rehabilitated housing shall remain affordable for such
12321232 1207period as shall be established by the executive office through guidance taking into account
12331233 1208differences in market conditions and the type of restrictions best suited to promoting community
12341234 1209stabilization in different markets; and provided further, that an amount not to exceed 2 per cent
12351235 1210of the amount expended may be used for administrative costs directly attributable to the purposes
12361236 1211of this program, including costs of support personnel...................................................$50,000,000
12371237 1212 SECTION 2B.
12381238 1213 EXECUTIVE OFFICE OF HOUSING AND LIVABLE COMMUNITIES
12391239 1214 Office of the Secretary
12401240 1215 7004-4784For the Massachusetts Housing Finance Agency established in section 3 of
12411241 1216chapter 708 of the acts of 1966, to capitalize a permanent, revolving Residential Production
12421242 1217Momentum Fund for the purpose of accelerating the development of mixed-income and
12431243 1218workforce multifamily housing production projects by providing financial assistance in the form
12441244 1219of innovative, low-cost, and flexible capital funding, which may be in the form of debt, equity, or
12451245 1220other instruments, depending on individual underwriting needs of the project; provided, that not 55 of 181
12461246 1221less than 20 per cent of the units in a project that receives financial assistance under this item
12471247 1222shall be restricted to households with incomes between 60 per cent and 120 per cent, inclusive,
12481248 1223of the area median income; provided further, that, notwithstanding paragraph (f) of section 5 of
12491249 1224said chapter 708, the Agency may in its discretion set the term and prepayment options for any
12501250 1225mortgage or other loan or instrument issued to any project receiving such financial assistance
12511251 1226based on the individual underwriting needs of the project; provided further, that such financial
12521252 1227assistance shall be awarded in a manner that promotes geographic equity; provided further, that
12531253 1228funds expended from this item shall, to the maximum extent feasible, be prioritized for projects
12541254 1229that comply with decarbonization and sustainability standards; provided further, that
12551255 1230prioritization shall be determined through objective scoring criteria in the Qualified Allocation
12561256 1231Plan developed by the executive office of housing and livable communities; provided further,
12571257 1232that for new construction projects, the standards set forth in the commonwealth’s Opt-in
12581258 1233Specialized Energy Code under 225 CMR 22.00 and 23.00 and the Enterprise Green
12591259 1234Communities standards shall be the applicable standards for prioritization; provided further, that
12601260 1235any project proposing less than full compliance with said standards shall provide detailed
12611261 1236analysis demonstrating why full compliance would render the project infeasible notwithstanding
12621262 1237utilization of all available federal and state incentives, including rebates and tax credits; provided
12631263 1238further, that for retrofits of existing units, prioritization shall be given to projects that include
12641264 1239energy efficiency and electrification decarbonization measures, including, but not limited to,
12651265 1240electric or ground source heat pumps, net-zero developments, Passive House Institute
12661266 1241certification or an equivalent energy efficiency certification, and all-electric buildings and
12671267 1242projects that incorporate green, sustainable and climate-resilient elements; provided further, that
12681268 1243projects that include lower embodied carbon construction materials and methods shall be further 56 of 181
12691269 1244prioritized; and provided further, that not more than $13,000,000 shall be expended for new
12701270 1245affordable housing units at the 1234-1240 Soldiers Field Road Project approved by the Boston
12711271 1246Redevelopment Authority pursuant to document number 8044 in the city of
12721272 1247Boston............................................................................................................................$50,000,000
12731273 1248 SECTION 3. The first paragraph of subsection (b) of section 1 of chapter 23B of the
12741274 1249General Laws, as appearing in section 102 of chapter 7 of the acts of 2023, is hereby amended by
12751275 1250inserting after clause (xvii) the following clause:-
12761276 1251 (xviii) Develop and implement, not less than once every 5 years, a written comprehensive
12771277 1252housing plan for the commonwealth, which shall include, but not be limited to, housing supply
12781278 1253and demand data, affordability and affordability gaps, identification of housing affordability
12791279 1254challenges and needs by region, an analysis of local zoning and strategies to address such
12801280 1255housing needs.
12811281 1256 SECTION 4. Section 27½ of said chapter 23B, inserted by section 117 of said chapter 7,
12821282 1257is hereby amended by striking out subsections (a) and (b) and inserting in place thereof the
12831283 1258following 2 subsections:-
12841284 1259 (a) There shall be in the executive office of housing and livable communities a
12851285 1260HousingWorks infrastructure program to: (i) issue infrastructure grants that support housing to
12861286 1261municipalities and other public entities for design, construction, building, rehabilitation, repair
12871287 1262and other improvements to infrastructure that support the objectives of the secretariat, including,
12881288 1263but not limited to, sewers, utility extensions, streets, roads, curb-cuts, parking, water treatment
12891289 1264systems, telecommunications systems, transit improvements, public parks and spaces that
12901290 1265support planned or proposed housing improvements and pedestrian and bicycle ways; or (ii) 57 of 181
12911291 1266assist municipalities to advance projects that support housing development, preservation or
12921292 1267rehabilitation. Preference for grants or assistance under this section shall be given to: (A)
12931293 1268infrastructure serving locations within 0.5 miles of a transit station or transit route; (B) other
12941294 1269eligible locations as defined in section 1A of chapter 40A; (C) multi-family zoning districts that
12951295 1270comply with section 3A of said chapter 40A; and (D) projects that support housing in rural and
12961296 1271small towns, as defined by the executive office.
12971297 1272 (b)  A project that uses grants to municipalities for public infrastructure provided by this
12981298 1273section shall be procured by a municipality in accordance with chapter 7, section 39M of chapter
12991299 127430, chapter 30B and chapter 149.
13001300 1275 SECTION 5. Said chapter 23B is hereby further amended by adding the following 6
13011301 1276sections:-
13021302 1277 Section 31. (a) There shall be within the executive office of housing and livable
13031303 1278communities an office of fair housing. The secretary of housing and livable communities shall
13041304 1279appoint a director of the office who shall serve at the pleasure of the secretary.
13051305 1280 (b) The office shall:
13061306 1281 (i) collaborate with state agencies on policies and strategies to: (A) advance the
13071307 1282elimination of housing discrimination and increase access to fair housing; (B) overcome patterns
13081308 1283of segregation; (C) foster inclusive communities without barriers that restrict access for
13091309 1284individuals or groups protected from unlawful practices pursuant to chapter 151B; and (D)
13101310 1285support enforcement of and compliance with all fair housing laws, including, but not limited to,
13111311 1286said chapter 151B and the federal Fair Housing Act, 42 U.S.C. 3601 et seq.; 58 of 181
13121312 1287 (ii) facilitate communication and partnership among state agencies and municipalities to
13131313 1288identify the intersections between activities of state agencies, activities of municipalities and fair
13141314 1289housing;
13151315 1290 (iii) facilitate the development of interagency initiatives to examine and address the social
13161316 1291and economic determinants of housing disparities, including, but not limited to: (A) equal access
13171317 1292to quality housing; (B) housing affordability; (C) access and proximity to multimodal
13181318 1293transportation options, including cost of such transportation; (D) air, water and land usage and
13191319 1294quality, including, but not limited to, consideration of environmental justice principles as defined
13201320 1295in section 62 of chapter 30; (E) employment and workforce development; (F) access to
13211321 1296healthcare; (G) access to and quality of education; and (H) language access; and
13221322 1297 (iv) administer the Fair Housing Fund established in section 2FFFFFF of chapter 29.
13231323 1298 (c)(1) Not less than every 5 years, the office shall prepare a report evaluating the progress
13241324 1299of the commonwealth toward eliminating housing discrimination and increasing access to fair
13251325 1300housing. The report shall comply with applicable federal requirements for analysis and reporting.
13261326 1301Where possible, the report shall include quantifiable measures and comparative benchmarks and
13271327 1302shall detail progress on a regional basis. The office shall hold public hearings in geographically
13281328 1303diverse regions of the commonwealth to gather public information on the topics of the report.
13291329 1304 (2) Annually, the office shall prepare a supplemental report describing the activities and
13301330 1305outcomes of the Fair Housing Fund established in section 2FFFFFF of chapter 29.
13311331 1306 (3) Reports pursuant to this subsection shall be filed with the clerks of the house of
13321332 1307representatives and senate and the chairs of the joint committee on housing not later than July 1 59 of 181
13331333 1308in the year in which each such report is due. Each report shall be posted publicly on the office’s
13341334 1309website.
13351335 1310 Section 32. (a) For the purposes of this section “year-round housing”, shall mean housing
13361336 1311for occupancy by persons or families who occupy either rental or other housing as their principal
13371337 1312residence for not less than 10 months a year and “attainable housing” shall mean housing that is
13381338 1313affordable for year-round residents with incomes under a level set by the undersecretary in
13391339 1314consultation with the seasonal communities advisory council.
13401340 1315 (b) The secretary may designate a municipality as a seasonal community; provided,
13411341 1316however, that all municipalities in the counties of Dukes and Nantucket and all municipalities
13421342 1317with over 35 per cent seasonal housing units in the county of Barnstable, as determined by the
13431343 1318executive office in consultation with the Cape Cod commission established in chapter 716 of the
13441344 1319acts of 1989 and all municipalities with more than 40 per cent seasonal housing units in the
13451345 1320county of Berkshire, as determined by the executive office in consultation with the Berkshire
13461346 1321regional planning commission, shall receive such designation. The executive office may
13471347 1322designate additional municipalities as seasonal communities based on consideration of the
13481348 1323following factors: (i) a high rate of short-term rentals in relation to the overall housing inventory;
13491349 1324(ii) a significant population increase in seasonal visitors; (iii) an excessive disparity between the
13501350 1325area median income and the income required to purchase the municipality’s median home price;
13511351 1326(iv) the percentage of housing stock that is used for seasonal, occasional or recreational use or is
13521352 1327otherwise not used as a primary residence by the property’s owner; and (v) high variations in the
13531353 1328average monthly variation of employment in the sector over the full year, in relation to the
13541354 1329municipality’s minimum employment threshold. A municipality designated by the executive
13551355 1330office as a seasonal community pursuant to this section shall accept or deny the designation by 60 of 181
13561356 1331vote of its legislative body. The secretary shall consult with the advisory council established in
13571357 1332subsection (c) to review additional municipalities under consideration to receive the seasonal
13581358 1333community designation.
13591359 1334 (c) The executive office shall convene an advisory council to offer expertise in issues
13601360 1335pertaining to municipal government, the hospitality industry, the tourism industry, housing law
13611361 1336and housing development and finance in seasonal communities. The council shall consist of: the
13621362 1337secretary or a designee, who shall serve as chair; 1 member of the senate appointed by the senate
13631363 1338president, who represents a district in which at least 1 municipality is designated as a seasonal
13641364 1339community; 1 member of the house of representatives appointed by the speaker of the house of
13651365 1340representatives, who represents a district in which at least 1 municipality is designated as a
13661366 1341seasonal community; 1 person appointed by the Massachusetts Municipal Association, Inc.; and
13671367 1342the following persons to be appointed by the secretary: 1 person who shall be a representative of
13681368 1343the developer community and is a resident of a municipality designated as a seasonal
13691369 1344community; 1 person who shall be a licensed real estate agent with the board of registration of
13701370 1345real estate brokers and salespersons and is a resident of a municipality designated as a seasonal
13711371 1346community; 1 person to represent each regional planning agency whose jurisdiction encompasses
13721372 1347at least 1 municipality designated as a seasonal community; 1 licensed attorney who practices in
13731373 1348the area of land use and who is a resident of a municipality designated as a seasonal community;
13741374 1349and 1 person who shall be a representative of the lending and banking community and who is a
13751375 1350resident of a municipality designated as a seasonal community. The secretary may appoint
13761376 1351additional members with knowledge and with expertise in land use law, fair housing law,
13771377 1352municipal law and operations or the housing needs of seasonal communities. The council shall
13781378 1353adopt by-laws to govern its affairs. The council shall provide advice and recommendations to the 61 of 181
13791379 1354executive office regarding policies or programs necessary to serve the distinct needs of seasonal
13801380 1355communities, including, but not limited to, accessing specialized or general application grant
13811381 1356programs and best practices on incentivizing the production of attainable year-round housing in
13821382 1357seasonal communities. Annually, not later than December 31, the council shall submit a report of
13831383 1358any recommendations to the executive office, the clerks of the house of representatives and the
13841384 1359senate and the joint committee on housing.
13851385 1360 The executive office shall review, on an as-needed basis, the ongoing needs of
13861386 1361municipalities designated as seasonal communities and may deny a municipality’s continued
13871387 1362seasonal community designation based on the municipality’s ongoing needs and eligibility.
13881388 1363 (d) A seasonal community may: (i) acquire year-round housing occupancy restrictions for
13891389 1364rental or other housing; provided, however, that any such year-round housing occupancy
13901390 1365restriction held by a city or town shall be construed as a restriction held by a governmental body
13911391 1366with the benefit of section 26 of chapter 184; (ii) acquire and develop housing units with
13921392 1367preference for housing seasonal community public employees that are necessary to the health
13931393 1368and safety of maintaining a year-round community, including teachers, public works employees,
13941394 1369public safety employees, first responders, town administrators and other employees essential for
13951395 1370municipal operations as described under section 42(g)(9)(B) of the Internal Revenue Code; (iii)
13961396 1371expend funds to develop, on a biannual basis, a comprehensive housing needs assessment; (iv)
13971397 1372establish a Year-Round Housing Trust Fund, individually or with other seasonal communities, to
13981398 1373provide for the creation and preservation of affordable and attainable housing in seasonal
13991399 1374communities for the benefit of year-round residents; provided, however, that the executive office
14001400 1375of housing and livable communities, in consultation with the seasonal communities advisory
14011401 1376council established in subsection (c), shall promulgate regulations pertaining to the membership, 62 of 181
14021402 1377powers and duties of the trust; and (v) expend funds designated for the creation and preservation
14031403 1378of year-round affordable and attainable housing for individuals who, by vocation, produce or
14041404 1379support artistic and literary activities.
14051405 1380 (e) For the purposes of this section, “tiny house” shall mean a detached structure
14061406 1381containing a dwelling unit containing 400 square feet or less in floor area, excluding lofts. A
14071407 1382seasonal community shall: (i) adopt by-laws or zoning ordinances to permit undersized lots to be
14081408 1383used for the creation of attainable year-round housing; provided, however, that the lot, at the time
14091409 1384of recording or endorsement, shall be located in a zoning district that allows for single-family
14101410 1385residential use; provided further, that any single-family residential structure constructed on said
14111411 1386lot shall adhere to the municipality’s floor area ratio by-laws and shall comply with all laws
14121412 1387governing wastewater and sewer systems; and provided further, that any residential housing built
14131413 1388upon undersized lots shall not be used as a seasonal home or short-term rental of less than 6
14141414 1389months and shall be used as year-round housing; and (ii) adopt by-laws to permit the
14151415 1390construction of tiny houses provided that such tiny houses are designated for use as year-round
14161416 1391housing units and meet all requirements of the state building code and local building code. A
14171417 1392movable tiny house shall be registered with the registry of motor vehicles, as applicable.
14181418 1393 (f) A seasonal community may increase the exemption established in section 5C of
14191419 1394chapter 59, at the option of the board of selectmen in a town or the mayor, with the approval of
14201420 1395the city council, in a city 50 per cent of the average assessed value of all Class One, residential
14211421 1396parcels within such city or town; provided, however, that the exemption shall be applied only to
14221422 1397the principal residence of the taxpayer as used by the taxpayer for income tax purposes. 63 of 181
14231423 1398 (g) A seasonal community designated pursuant to this section may apply to the executive
14241424 1399office of housing and livable communities for a waiver from any of the requirements of this
14251425 1400section. In deciding whether to grant the municipality’s request for a waiver, the executive office
14261426 1401may consider whether the requirements of this section can reasonably be carried out by existing
14271427 1402town staff or a regional staff person performing equivalent duties.
14281428 1403 (h) The executive office shall promulgate regulations or guidance to carry out this
14291429 1404section.
14301430 1405 Section 33. (a) As used in this section and section 34, the following words shall, unless
14311431 1406the context clearly requires otherwise, have the following meanings:
14321432 1407 “Eligible applicant”, an owner of residential property in the commonwealth who, as
14331433 1408determined by the executive office of housing and livable communities: (i) is an owner-occupant,
14341434 1409small landlord or larger landlord; (ii) meets any income eligibility and other requirements of the
14351435 1410program established by the executive office; and (iii) owns a property with habitability concerns.
14361436 1411 “Existing home repair programs”, financial assistance administered by governmental,
14371437 1412quasi-governmental and nonprofit organizations, or the contractors and assignees of such
14381438 1413entities, that provide services to repair residential housing, including, but not limited to, mixed-
14391439 1414use projects that include residential housing.
14401440 1415 “Habitability concerns”, home repairs that are required to ensure residential units are: (i)
14411441 1416fit for human habitation; (ii) free from defective conditions and health and safety hazards,
14421442 1417including, but not limited to, asbestos, mold, pests and lead; and (iii) free of conditions
14431443 1418preventing installation of measures to improve energy or water efficiency, utilize renewable
14441444 1419energy or lower utility costs. 64 of 181
14451445 1420 “Larger landlord”, an individual who has title to more than 1 residential unit and who
14461446 1421does not meet the definition of owner-occupant or small landlord.
14471447 1422 “Low-income owner-occupant”, an owner-occupant with a household income of not
14481448 1423more than 80 per cent of the area median income.
14491449 1424 “Moderate-income owner-occupant”, an owner-occupant with a household income of at
14501450 1425least 80 per cent but not more than 135 per cent of the area median income.
14511451 1426 “Other eligible owner-occupant”, an owner-occupant who does not meet the definition of
14521452 1427a low-income owner-occupant or moderate-income owner-occupant and leases at least 1 other
14531453 1428residential unit in the building.
14541454 1429 “Owner-occupant”, an individual who has title to a residential building with at least 1 and
14551455 1430not more than 3 units and who resides in at least 1 of the units as their principal residence.
14561456 1431 “Small landlord”, an individual who has title to a building with no more than 3 residential
14571457 1432units and does not live in the building for at least 6 months of any year, or who has title to a
14581458 1433building with 4 or more residential units; provided that, such an individual shall have financial
14591459 1434interest in neither more than 3 buildings nor more than 15 residential units.
14601460 1435 (b) The executive office shall establish a Massachusetts healthy homes program and
14611461 1436make reasonable efforts to coordinate with other governmental, quasi-governmental and
14621462 1437nonprofit organizations administering programs that create a healthier environment for residents,
14631463 1438including, but not limited to, rehabilitating existing housing or making homes lead-safe. The
14641464 1439executive office may contract with other governmental, quasi-governmental and nonprofit
14651465 1440organizations to administer 1 or more of these programs to address habitability concerns. 65 of 181
14661466 1441 (c)(1) The executive office may make grants or loans available to eligible applicants to
14671467 1442ensure owner-occupied and rental units are free of habitability concerns.
14681468 1443 (2) Assistance in the form of grants and loans shall be provided to eligible applicants
14691469 1444consistent with the following requirements to ensure owner-occupied and rental units are free of
14701470 1445habitability concerns:
14711471 1446 (i) For low-income owner-occupants, the assistance shall be provided as a grant.
14721472 1447 (ii) For moderate-income owner-occupants, the assistance shall be provided as a 0 per
14731473 1448cent interest deferred payment loan with no repayment due until sale or refinancing of the
14741474 1449property. If the moderate-income owner-occupant continues to own the property for 3 years after
14751475 1450receiving the loan, the loan shall be forgiven.
14761476 1451 (iii) For small landlords and other eligible owner-occupants, but not including larger
14771477 1452landlords, the assistance shall be provided as a 0 per cent interest deferred payment loan with no
14781478 1453repayment due until sale or refinancing of the property. Small landlords or other eligible owner-
14791479 1454occupants, but not including larger landlords, may apply for loan forgiveness after 3 years
14801480 1455following receipt of the loan. The executive office shall forgive the loan if the executive office
14811481 1456determines that the small landlord or other eligible owner-occupant, but not including larger
14821482 1457landlords, has: (A) owned the property without interruption after having received the loan; (B)
14831483 1458addressed all habitability concerns in a timely fashion; (C) not evicted tenants, other than for
14841484 1459cause; and (D) kept rent increases to not more than 5 per cent per year in each of the past 3 years.
14851485 1460 (iv) For larger landlords, the assistance shall be provided as a below-market-rate loan
14861486 1461with an interest rate and repayment terms determined by the executive office. The executive
14871487 1462office shall provide the below-market-rate loan only to a larger landlord who executes an 66 of 181
14881488 1463agreement with the executive office that, for a term of 3 years, requires the landlord who owns
14891489 1464such property to: (A) maintain ownership of the property without interruption after having
14901490 1465received the loan; (B) address all habitability concerns in a timely fashion; (C) not evict tenants,
14911491 1466other than for cause; and (D) keep rent increases to not more than 5 per cent per year for each of
14921492 1467the 3 years. If a larger landlord does not comply with the requirements of the loan, the executive
14931493 1468office may require immediate repayment of the assistance.
14941494 1469 (d) The executive office, and any entity administering the Massachusetts healthy homes
14951495 1470program on the executive office’s behalf, shall administer the Massachusetts healthy homes
14961496 1471program consistent with guidelines and forms established by the executive office. The executive
14971497 1472office, and any other administering entity, shall strive to, in its administration of the program,
14981498 1473provide grants and loans to address habitability concerns and shall: (i) augment funds from other
14991499 1474home repair programs; (ii) increase retention in workforce development programs associated
15001500 1475with home repairs; (iii) provide technical assistance to address habitability concerns; and (iv)
15011501 1476support outreach, including, but not limited to, minimizing cultural, linguistic or other barriers
15021502 1477and maximizing access to program resources.
15031503 1478 (e)(1) Grants or loans from the Massachusetts healthy homes program shall not exceed
15041504 1479$50,000 per unit, unless the executive office waives this limit upon a determination of the
15051505 1480necessity of such waiver; provided, that the average amount of assistance shall not exceed
15061506 1481$50,000 per unit.
15071507 1482 (2) Not less than 50 per cent of any funds from the Massachusetts healthy homes program
15081508 1483shall be made to owners of buildings located in a gateway municipality as defined in section 3A
15091509 1484of chapter 23A. 67 of 181
15101510 1485 (f) Annually, not later than June 30, the executive office shall report on the Massachusetts
15111511 1486healthy homes program to the clerks of the house of representatives and the senate, the joint
15121512 1487committee on housing and the house and senate committees on ways and means. The report shall
15131513 1488include: (i) the number of projects completed through the Massachusetts healthy homes program
15141514 1489addressing habitability concerns; (ii) the locations of projects completed through the
15151515 1490Massachusetts healthy homes program throughout the commonwealth; (iii) the total amount of
15161516 1491grants or loans authorized; (iv) the number of projects using existing home repair programs; and
15171517 1492(v) the breakdown of landlord owned properties and owner-occupied properties with habitability
15181518 1493concerns addressed through the Massachusetts healthy homes program. The executive office
15191519 1494shall make the report publicly available on its website.
15201520 1495 (g) The executive office shall promulgate guidance or regulations necessary to carry out
15211521 1496this section.
15221522 1497 Section 34. (a) There shall be within the executive office of housing and livable
15231523 1498communities a Massachusetts healthy homes program fund. The fund shall be credited with: (i)
15241524 1499revenue from appropriations or other money authorized by the general court and specifically
15251525 1500designated to be credited to the fund; (ii) interest earned on such revenue; and (iii) funds from
15261526 1501public and private sources and other gifts, grants and donations to support the habitability
15271527 1502concerns, including, but not limited to, funds from governmental, quasi-governmental, nonprofit
15281528 1503organizations, for-profit organizations and individuals; provided, that any funds received from
15291529 1504private organizations and individuals shall be made without conditions and without recourse.
15301530 1505Amounts credited to the fund shall not be subject to further appropriation and any money
15311531 1506remaining in the fund at the end of a fiscal year shall not revert to the General Fund. 68 of 181
15321532 1507 (b) The executive office shall administer the fund consistent with the requirements of the
15331533 1508Massachusetts healthy homes program established in section 33.
15341534 1509 (c) Annually, not later than June 30, the executive office shall report on all expenditures
15351535 1510from the Massachusetts healthy homes program fund to the clerks of the house of representatives
15361536 1511and the senate, the joint committee on housing and the house and senate committees on ways and
15371537 1512means. The executive office shall make the report publicly available on its website.
15381538 1513 Section 35. (a) As used in this section, the following words shall, unless the context
15391539 1514clearly requires otherwise, have the following meanings:
15401540 1515 “Homeless”, a veteran: (i) who is undomiciled and unable to secure permanent and stable
15411541 1516housing without special assistance, including, but not limited to, a veteran who is inappropriately
15421542 1517housed in an institutional facility and can safely live in the community where services are
15431543 1518provided; (ii) in a transitional housing facility without permanent domicile; (iii) in the
15441544 1519community, released or discharged after incarceration and who is without permanent and stable
15451545 1520housing; or (iv) who is in danger of becoming homeless due to circumstances and criteria
15461546 1521established by the secretary, in consultation with the secretary of veterans’ services.
15471547 1522 “Qualified nonprofit organization”, a private nonprofit organization: (i) with
15481548 1523demonstrated success in developing or operating transitional and permanent housing programs
15491549 1524for veterans; and (ii) that is committed to ending veteran homelessness.
15501550 1525 (b) The secretary of housing and livable communities, in consultation with the secretary
15511551 1526of veterans’ services, shall establish a veterans supportive housing program to assist qualified
15521552 1527nonprofit organizations to develop and preserve supportive housing for eligible veterans. The 69 of 181
15531553 1528qualified nonprofit organization shall provide wrap around services to meet the needs of eligible
15541554 1529veterans.
15551555 1530 (c) Eligibility for supportive housing shall include:
15561556 1531 (i) veterans and their families, or individual veterans, who are homeless and have an
15571557 1532unmet housing need as determined by the secretary; and
15581558 1533 (ii) veterans who have 1 or more disabilities or other life challenges, including, but not
15591559 1534limited to: (A) serious mental illness; (B) substance use disorder; (C) living with HIV or AIDS,
15601560 1535or another chronic condition or affliction; (D) being a victim or survivor of domestic violence;
15611561 1536and (E) post-traumatic stress disorder.
15621562 1537 (d)(1) The secretary may contract with a qualified nonprofit organization to establish
15631563 1538veterans supportive housing pursuant to subsection (b) for a term of not more than 5 years and
15641564 1539may renew a contract with a qualified nonprofit organization for like terms in accordance with
15651565 1540the procedures established by the secretary, in consultation with the secretary of veterans’
15661566 1541services, for the development and preservation of supportive housing for veterans.
15671567 1542 (2) The secretary may award up to $20,000 per eligible veteran pursuant to subsection (c)
15681568 1543in a calendar year to a qualified nonprofit organization that enters into a contract pursuant to
15691569 1544paragraph (1).
15701570 1545 (3) The qualified nonprofit organization shall secure funding for the development and
15711571 1546preservation of any supportive housing project within 2 years from the date of the award. The
15721572 1547secretary shall establish procedures for the repayment of funds by qualified nonprofit
15731573 1548organizations that fail to secure funding within the 2-year period. 70 of 181
15741574 1549 (e) The secretary, in consultation with the secretary of veterans’ services, shall
15751575 1550promulgate rules or regulations for the administration of the veterans supportive housing
15761576 1551program.
15771577 1552 Section 36. (a) As used in this section, the following words shall, unless the context
15781578 1553clearly requires otherwise, have the following meanings:
15791579 1554 “Development cost”, an expenditure directly related to the construction or substantial
15801580 1555rehabilitation of a qualified conversion project, including, but not limited to, the cost of site
15811581 1556assessment and remediation of hazardous materials; provided, however, that development cost
15821582 1557shall not include the purchase of the property.
15831583 1558 “Executive office”, the executive office of housing and livable communities.
15841584 1559 “Market rate residential unit”, a residential unit priced consistently with prevailing rents
15851585 1560or sale prices in the municipality as determined by the executive office.
15861586 1561 “Qualified conversion project”, the rehabilitation of a commercial property, including,
15871587 1562but not limited to, commercial centers, office parks and commercial buildings located on main
15881588 1563streets or downtown municipal areas, for primary multi-unit residential use or mixed-use, which
15891589 1564may include retail or other commercial uses, that: (i) contains not less than 2 residential units;
15901590 1565provided, however, that the project may be a mixed-use development that includes commercial
15911591 1566uses in addition to residential units if the building is primarily residential; (ii) contains at least 80
15921592 1567per cent market rate residential units upon completion of the rehabilitation, to be sold or leased;
15931593 1568(iii) prior to conversion, such building was nonresidential real property, as defined in section 168
15941594 1569of the Internal Revenue Code, all or a portion of which was leased, or available for lease, to 71 of 181
15951595 1570office tenants; and (iv) such building was initially placed in service at least 5 years before the
15961596 1571beginning of the conversion.
15971597 1572 “Sponsors”, as defined in section 25 of chapter 23B.
15981598 1573 “Substantial rehabilitation” or “substantially rehabilitated”, the necessary major
15991599 1574redevelopment, repair and renovation of a property, including, but not limited to, site assessment
16001600 1575and remediation of hazardous materials, but excluding the purchase of the property, as
16011601 1576determined by the executive office.
16021602 1577 (b) The executive office shall establish a program for qualified conversion projects,
16031603 1578which shall be administered by the executive office. The purpose of the program shall be to
16041604 1579assist in the conversion of commercial properties into residential properties.
16051605 1580 (c)(1) The executive office may certify 1 or more housing development projects as a
16061606 1581qualified conversion project: (i) upon timely receipt of a project proposal requesting the
16071607 1582designation as a qualified conversion project from a sponsor; provided, that a project proposal
16081608 1583shall be submitted in a form and with information as determined by the executive office, and
16091609 1584shall be supported by independently verifiable information and signed under the penalties of
16101610 1585perjury; and (ii) if the executive office determines that the project, together with any municipal
16111611 1586resources committed to the project, shall have a reasonable chance of increasing residential
16121612 1587growth, diversity of housing supply, supporting economic development and promoting
16131613 1588neighborhood stabilization as advanced in the proposal as a qualified conversion project.
16141614 1589 (2) Prior to construction, the executive office shall certify that the proposed project meets
16151615 1590the definition of a qualified conversion project and the requirements pursuant to paragraph (1). 72 of 181
16161616 1591 (3) The executive office shall evaluate and either grant or deny certification of the
16171617 1592designation as a qualified conversion project to any project proposal not later than 90 days from
16181618 1593the date of its receipt of a complete project proposal. Approval of a project due to the executive
16191619 1594office’s failure to act within 90 days shall not constitute approval by the executive office of any
16201620 1595tax incentives provided under chapters 62 or 63.
16211621 1596 (4) The executive office may impose a fee for the processing of applications for the
16221622 1597certification of any project under this section.
16231623 1598 (5) Prior to construction, the executive office shall certify that all or a portion of the
16241624 1599qualified conversion project costs are for construction or substantial rehabilitation and shall
16251625 1600identify the development costs.
16261626 1601 (d) The executive office shall review each pending certified qualified conversion project,
16271627 1602not yet completed, not less than once every 2 years.
16281628 1603 (e) The executive office shall review each certified qualified conversion project upon
16291629 1604completion and certify that the project is consistent with the requirements of this section,
16301630 1605including the development cost and qualified conversion project requirements.
16311631 1606 (f)(1) The executive office may revoke certification of a project if the executive office
16321632 1607determines, after an independent investigation, that: (i) representations made by the sponsor in its
16331633 1608project proposal are materially different from the conduct of the sponsor subsequent to the
16341634 1609certification and such difference frustrates the public purposes that the certification was intended
16351635 1610to advance; or (ii) the project no longer meets the criteria of this section. 73 of 181
16361636 1611 (2) Upon revocation, the commonwealth may bring a cause of action against the sponsor
16371637 1612for the value of any economic benefit received by the sponsor prior to or subsequent to such
16381638 1613revocation.
16391639 1614 (3) A revocation shall take effect on the first day of the tax year in which the executive
16401640 1615office determines that a material breach commenced.
16411641 1616 (g) There shall be established a tax incentive program for certified qualified conversion
16421642 1617projects. After certification by the executive office upon the completion of the project, pursuant
16431643 1618to subsection (e), the executive office, in consultation with the commissioner of revenue, may
16441644 1619award a tax credit available under subsection (ee) of section 6 of chapter 62 or section 38OO of
16451645 1620chapter 63 of not more than 10 per cent of the development cost allocable to total units in a
16461646 1621project, as determined by the executive office, to the sponsor of a qualified conversion project.
16471647 1622The amount of the credit awarded shall be based on the following factors: (i) the need for
16481648 1623residential development and diversity of housing supply in the municipality; (ii) the extent to
16491649 1624which the certified qualified conversion project will encourage residential development,
16501650 1625expansion of diversity of housing supply, support neighborhood stabilization and promote
16511651 1626economic development in the zone; and (iii) the percentage of market rate residential units
16521652 1627contained in the certified qualified conversion project. The executive office may limit a credit
16531653 1628available to a certified qualified conversion project under subsection (ee) of section 6 of chapter
16541654 162962 and section 38OO of chapter 63 to a dollar amount or in any other manner deemed
16551655 1630appropriate by the executive office.
16561656 1631 (h) Annually, not later than December 1, the executive office shall file a report detailing
16571657 1632its findings of the review of all certified qualified conversion projects evaluated in the prior fiscal 74 of 181
16581658 1633year, including projects evaluated prior to construction, while the project is pending and upon
16591659 1634completion, to the commissioner of revenue, the joint committee on revenue and the joint
16601660 1635committee on housing. The report shall include, but shall not be limited to: (i) a list of qualified
16611661 1636conversion projects that received certification; (ii) information about each qualified conversion
16621662 1637project, including the site address, project sponsor, range of rents of the residential units, type of
16631663 1638residential units, number of each type of residential unit, number of affordable rental units for
16641664 1639persons whose income is not more than 60 per cent of the area median income and the number of
16651665 1640affordable owner-occupied units for persons whose income is not more than 80 per cent of the
16661666 1641area median income; and (iii) the total amount of development costs for which a tax credit was
16671667 1642issued or reserved pursuant to subsection (ee) of section 6 of chapter 62 or section 38OO of
16681668 1643chapter 63 for each certified qualified conversion project the year the credit was issued and the
16691669 1644completion or estimated completion year of the certified qualified conversion projects.
16701670 1645 (i) The executive office shall promulgate guidance or regulations for the administration of
16711671 1646this section.
16721672 1647 SECTION 6. Chapter 29 of the General Laws is hereby amended by inserting after
16731673 1648section 2EEEEEEE, inserted by section 3 of chapter 139 of the acts of 2024, the following
16741674 1649section:-
16751675 1650 Section 2FFFFFFF. (a) There shall be established and set up on the books of the
16761676 1651commonwealth a separate fund known as the Fair Housing Fund. There shall be credited to the
16771677 1652fund: (i) revenue from appropriations or other funds authorized by the general court and
16781678 1653specifically designated for the fund; (ii) any gifts, grants or private contributions; (iii) any
16791679 1654interest on the fund’s assets; and (iv) any other sources. Amounts credited to the fund shall be 75 of 181
16801680 1655expended without further appropriation. Any balance in the fund at the close of a fiscal year shall
16811681 1656be available for expenditure in subsequent fiscal years and shall not be transferred to any other
16821682 1657fund or revert to the General Fund; provided, that the comptroller shall report the amount
16831683 1658remaining in the fund at the end of each fiscal year to the house and senate committees on ways
16841684 1659and means.
16851685 1660 (b) The fund shall be administered by the office of fair housing established in section 31
16861686 1661of chapter 23B and funds shall be expended for the purpose of eliminating housing
16871687 1662discrimination. Activities eligible for assistance from the fund shall include, but shall not be
16881688 1663limited to: (i) private enforcement initiatives; (ii) education and outreach initiatives; (iii) fair
16891689 1664housing testing; (iv) lending discrimination; (v) affirmatively furthering fair housing; and (vi)
16901690 1665special projects.
16911691 1666 (c) Grantees eligible for assistance shall include, but shall not be limited to, fair housing
16921692 1667assistance programs and fair housing initiative programs, as defined by the United States
16931693 1668Department of Housing and Urban Development, any private, non-profit agency or any state-
16941694 1669funded public housing authority.
16951695 1670 SECTION 7. Section 1A of chapter 40A of the General Laws, as appearing in the 2022
16961696 1671Official Edition, is hereby amended by striking out the definition “Accessory dwelling unit” and
16971697 1672inserting in place thereof the following definition:-
16981698 1673 “Accessory dwelling unit”, a self-contained housing unit, inclusive of sleeping, cooking
16991699 1674and sanitary facilities on the same lot as a principal dwelling, subject to otherwise applicable
17001700 1675dimensional and parking requirements, that: (i) maintains a separate entrance, either directly
17011701 1676from the outside or through an entry hall or corridor shared with the principal dwelling sufficient 76 of 181
17021702 1677to meet the requirements of the state building code for safe egress; (ii) is not larger in gross floor
17031703 1678area than 1/2 the gross floor area of the principal dwelling or 900 square feet, whichever is
17041704 1679smaller; and (iii) is subject to such additional restrictions as may be imposed by a municipality,
17051705 1680including, but not limited to, additional size restrictions and restrictions or prohibitions on short-
17061706 1681term rental, as defined in section 1 of chapter 64G; provided, however, that no municipality shall
17071707 1682unreasonably restrict the creation or rental of an accessory dwelling unit that is not a short-term
17081708 1683rental.
17091709 1684 SECTION 8. Section 3 of said chapter 40A, as so appearing, is hereby amended by
17101710 1685adding the following paragraph:-
17111711 1686 No zoning ordinance or by-law shall prohibit, unreasonably restrict or require a special
17121712 1687permit or other discretionary zoning approval for the use of land or structures for a single
17131713 1688accessory dwelling unit, or the rental thereof, in a single-family residential zoning district;
17141714 1689provided, that the use of land or structures for such accessory dwelling unit under this paragraph
17151715 1690may be subject to reasonable regulations, including, but not limited to, 310 CMR 15.000 et seq.,
17161716 1691if applicable, site plan review, regulations concerning dimensional setbacks and the bulk and
17171717 1692height of structures and may be subject to restrictions and prohibitions on short-term rental, as
17181718 1693defined in section 1 of chapter 64G. The use of land or structures for an accessory dwelling unit
17191719 1694under this paragraph shall not require owner occupancy of either the accessory dwelling unit or
17201720 1695the principal dwelling; provided, that not more than 1 additional parking space shall be required
17211721 1696for an accessory dwelling unit; and provided further, that no additional parking space shall be
17221722 1697required for an accessory dwelling located not more than 0.5 miles from a commuter rail station,
17231723 1698subway station, ferry terminal or bus station. For more than 1 accessory dwelling unit, or rental
17241724 1699thereof, in a single-family residential zoning district there shall be a special permit for the use of 77 of 181
17251725 1700land or structures for an accessory dwelling unit. The executive office of housing and livable
17261726 1701communities may issue guidelines or promulgate regulations to administer this paragraph.
17271727 1702 SECTION 9. Section 3A of said chapter 40A is hereby amended by striking out the
17281728 1703words “section 27”, as appearing in section 152 of chapter 7 of the acts of 2023, and inserting in
17291729 1704place thereof the following words:- section 27½.
17301730 1705 SECTION 10. Section 6 of said chapter 40A, as appearing in the 2022 Official Edition, is
17311731 1706hereby amended by inserting after the fourth paragraph the following paragraph:-
17321732 1707 Adjacent lots under common ownership shall not be treated as a single lot for local
17331733 1708zoning purposes if, at the time of recording or endorsement, the lots: (i) conformed to then
17341734 1709existing requirements of area, frontage, width, yard or depth, where each such lot has not less
17351735 1710than 10,000 square feet of area and 75 feet of frontage; and (ii) are located in a zoning district
17361736 1711that allows for single-family residential use. Any single-family residential structure constructed
17371737 1712on said lot shall not exceed 1,850 square feet of heated living area, shall contain not less than 3
17381738 1713bedrooms and shall not be used as a seasonal home or short-term rental.
17391739 1714 SECTION 11. The first paragraph of section 17 of said chapter 40A, as so appearing, is
17401740 1715hereby amended by inserting after the fourth sentence the following sentence:- If the complaint is
17411741 1716filed by someone other than the original applicant, appellant or petitioner, then each plaintiff,
17421742 1717whether or not previously constituting parties in interest for notice purposes, shall also
17431743 1718sufficiently allege and must plausibly demonstrate that measurable injury, which is special and
17441744 1719different to such plaintiff, to a private legal interest that will likely flow from the decision
17451745 1720through credible evidence. 78 of 181
17461746 1721 SECTION 12. Said section 17 of said chapter 40A, as so appearing, is hereby further
17471747 1722amended by striking out the third paragraph and inserting in place thereof the following
17481748 1723paragraph:-
17491749 1724 The court, in its discretion, may require a plaintiff in an action under this section
17501750 1725appealing a decision to approve a special permit, variance or site plan to post a surety or cash
17511751 1726bond in an amount of not more than $250,000 to secure the payment of and to indemnify and
17521752 1727reimburse damages and costs and expenses incurred in such an action if the court finds that the
17531753 1728harm to the defendant or to the public interest resulting from delays caused by the appeal
17541754 1729outweighs the financial burden of the surety or cash bond on the plaintiffs. The court shall
17551755 1730consider the relative merits of the appeal and the relative financial means of the plaintiff and the
17561756 1731defendant. Nothing in this section shall require bad faith or malice of a plaintiff for the court to
17571757 1732issue a bond under this section.
17581758 1733 SECTION 13. Said section 17 of said chapter 40A, as so appearing, is hereby further
17591759 1734amended by striking out the sixth paragraph and inserting in place thereof the following
17601760 1735paragraph:-
17611761 1736 Costs, including reasonable attorneys’ fees, in an amount to be fixed by the court may be
17621762 1737allowed against the party appealing from the decision of the board or special permit granting
17631763 1738authority if the court finds that the appellant or appellants acted in bad faith or with malice in
17641764 1739making the appeal to court.
17651765 1740 SECTION 14. Said chapter 40A is hereby further amended by adding the following
17661766 1741section:- 79 of 181
17671767 1742 Section 18. (a) Notwithstanding any general or special law to the contrary, a city or town
17681768 1743that permits or adopts inclusionary zoning, incentive zoning, a density bonus ordinance or by-
17691769 1744law pursuant to this chapter or a housing production plan submitted to the executive office of
17701770 1745housing and livable communities may enter into an agreement with a housing developer or
17711771 1746residential development owner to provide a preference for affordable housing to low- or
17721772 1747moderate-income veterans, as defined in clause Forty-third of section 7 of chapter 4. The
17731773 1748preference shall be for up to 10 per cent of the affordable units in a particular development.
17741774 1749 (b) The preference under this section shall be established in the applicant selection
17751775 1750process for available affordable units. Applicants who are veterans and who apply within 90 days
17761776 1751of the initial marketing period of the development shall receive preference for the rental of up to
17771777 175210 per cent of the affordable units. After the first 90 days of the initial marketing period, if any of
17781778 1753the units subject to the preference remain available, applicants from the general public shall be
17791779 1754considered for occupancy. Following the initial marketing period, qualified applicants who are
17801780 1755veterans shall be placed on a waiting list for the preference-occupied units for veterans and on
17811781 1756any general waiting list. The veterans on the preference-occupied waiting list shall be given
17821782 1757preference for affordable units, as the units become available, whenever the percentage of
17831783 1758preference-occupied units falls below 10 per cent.
17841784 1759 (c) Any agreement to provide affordable housing preferences for veterans pursuant to this
17851785 1760section shall not affect a municipality’s ability to receive credit for the unit for affordable
17861786 1761housing pursuant to chapter 40B or any other law. The agreement may be monitored by a third
17871787 1762party assigned by the municipality. 80 of 181
17881788 1763 (d) This section shall not require an increase in the existing amount of affordable units set
17891789 1764by the city or town.
17901790 1765 (e) The city or town may require proof of veteran status and income eligibility as the city
17911791 1766or town deems necessary.
17921792 1767 SECTION 15. Section 22 of chapter 40B of the General Laws, as appearing in the 2022
17931793 1768Official Edition, is hereby amended by inserting after the word “ applicant”, in line 20, the
17941794 1769following words:- ; provided, however, that the committee shall provide notice to the secretary of
17951795 1770any such extension or other failure to perform action by the deadlines set forth in this section and
17961796 1771the reason for such delay; provided further, that the secretary shall annually, not later than
17971797 1772November 1, submit to the governor and the joint committee on housing a summary of such
17981798 1773delays including, but not limited to: (i) any deadlines missed pursuant to this section for each
17991799 1774applicable appeal; (ii) the reason for any such delay; (iii) the total number of days, from the date
18001800 1775of the committee’s receipt of the applicant’s statement of the prior proceedings, in which the
18011801 1776committee ultimately issued a written decision or, if such appeal is in progress at the time the
18021802 1777report is submitted, the projected number of days beyond the deadlines listed herein as may be
18031803 1778necessary for the committee to issue a decision; and (iv) the board that issued the denial or
18041804 1779conditions and requirements being appealed by the applicant.
18051805 1780 SECTION 16. Chapter 40H of the General Laws is hereby amended by striking out
18061806 1781section 9, as so appearing, and inserting in place thereof the following section:-
18071807 1782 Section 9. CEDAC shall be subject to section 16G½ of chapter 6A. 81 of 181
18081808 1783 SECTION 17. Section 6 of chapter 62 of the General Laws, as most recently amended by
18091809 1784section 5 of chapter 88 of the acts of 2024, is hereby further amended by adding the following
18101810 1785subsection:-
18111811 1786 (ee)(1) As used in this subsection, the following words shall, unless the context clearly
18121812 1787requires otherwise, have the following meanings:
18131813 1788 “Development cost”, as defined in section 36 of chapter 23B.
18141814 1789 “Executive office”, the executive office of housing and livable communities, established
18151815 1790pursuant to chapter 23B.
18161816 1791 “Qualified conversion project”, as defined in section 36 of chapter 23B.
18171817 1792 “Sponsors”, as defined in section 25 of chapter 23B.
18181818 1793 (2) A credit shall be allowed against the tax liability imposed by this chapter, to the
18191819 1794extent authorized by the executive office, in consultation with the commissioner, for a qualified
18201820 1795conversion project that has been completed and certified by the executive office pursuant to
18211821 1796section 36 of chapter 23B. The credit shall be equal to an amount not more than 10 per cent of
18221822 1797the qualified conversion project development costs. The credit shall be allowed for the taxable
18231823 1798year in which the executive office provides the commissioner written notification of completion
18241824 1799of the certified qualified conversion project. For any certified qualified conversion project,
18251825 1800development costs applicable to this credit shall be treated for purposes of this subsection as
18261826 1801made on the date that the executive office provides the commissioner written notification of
18271827 1802completion of the certified qualified conversion project and any data related to the development
18281828 1803costs. 82 of 181
18291829 1804 (3) A taxpayer eligible for the credit may, with prior notice to the commissioner, transfer
18301830 1805the credit, in whole or in part, to any individual or entity with tax labilities under this chapter or
18311831 1806chapter 63, and the transferee shall be entitled to apply the credit against the tax liability with the
18321832 1807same effect as if the transferee had incurred the development costs itself. Any amount of the tax
18331833 1808credit that exceeds the tax due for a taxable year may be carried forward by the transferee, buyer
18341834 1809or assignee in subsequent taxable years from which a certificate is initially issued by the
18351835 1810executive office; provided, however, that in no event shall the transferee apply the credit to the
18361836 1811tax due for any taxable year beginning more than 10 years after the taxable year in which the
18371837 1812executive office provides the commissioner written notification of completion of the certified
18381838 1813qualified conversion project.
18391839 1814 (4) If the credit allowable for any taxable year exceeds the taxpayer’s tax liability for that
18401840 1815tax year, the taxpayer may carry forward and apply in any subsequent taxable year, the portion,
18411841 1816as reduced from year to year, of the credit which exceed the tax for the taxable year; provided,
18421842 1817however, that in no event shall the taxpayer apply the credit to the tax due for any taxable year
18431843 1818beginning more than 10 years after the taxable year in which the executive office provides the
18441844 1819commissioner written notification of completion of the certified qualified conversion project.
18451845 1820 (5) The commissioner may, as of the effective date of a revocation pursuant to subsection
18461846 1821(f) of section 36 of chapter 23B, disallow any credits allowed under this section.
18471847 1822 (6) The commissioner, in consultation with the executive office, may adopt regulations
18481848 1823necessary to carry out this subsection, including regulations to recapture the value of any tax
18491849 1824credits allowed under this subsection. 83 of 181
18501850 1825 SECTION 18. Section 6J of said chapter 62, as appearing in the 2022 Official Edition, is
18511851 1826hereby amended by striking out, in line 39, the figure “2027” and inserting in place thereof the
18521852 1827following figure:- 2030.
18531853 1828 SECTION 19. Said section 6J of said chapter 62, as so appearing, is hereby further
18541854 1829amended by striking out, in line 41, the figure “$55,000,000” and inserting in place thereof the
18551855 1830following figure:- $110,000,000.
18561856 1831 SECTION 20. Section 6M of said chapter 62, as so appearing, is hereby amended by
18571857 1832striking out, in lines 226 and 227, the words “$12,000,000 in each of taxable years 2023 to 2025,
18581858 1833inclusive” and inserting in place thereof the following words:- $15,000,000 in taxable years
18591859 1834beginning on or after January 1, 2025.
18601860 1835 SECTION 21. Said chapter 62 is hereby further amended by inserting after section 6N
18611861 1836the following section:-
18621862 1837 Section 6O. (a) For the purposes of this section, unless the context clearly requires
18631863 1838otherwise, the following words shall have the following meanings:
18641864 1839 “Affordability period”, the 10-year period that commences on the date of the initial sale
18651865 1840of a single-family dwelling constructed as part of a qualified homeownership development
18661866 1841project.
18671867 1842 “Affordability restriction”, a restriction in form and substance approved by the director
18681868 1843and the secretary, imposing resale restrictions on a single-family dwelling constructed as part of
18691869 1844a qualified homeownership development project during the affordability period.
18701870 1845 “Commissioner”, the commissioner of revenue. 84 of 181
18711871 1846 “Credit amount”, the amount computed by the director pursuant to subsection (d) before
18721872 1847issuing an eligibility certificate.
18731873 1848 “Credit award amount”, the amount determined by the director and stipulated in the
18741874 1849notice sent pursuant to paragraph (2) of subsection (c).
18751875 1850 “Director”, the executive director of the Massachusetts Housing Finance Agency,
18761876 1851established pursuant to chapter 708 of the acts of 1966.
18771877 1852 “Eligibility certificate”, a certificate issued to a sponsor pursuant to subsection (d).
18781878 1853 “Eligible location”, a geographic area in which a qualified homeownership development
18791879 1854project may be located, based on criteria established in the qualified homeownership allocation
18801880 1855plan.
18811881 1856 “Maximum credit amount”, the amount equal to 35 per cent of the lesser of: (i) the total
18821882 1857qualified project expenditures calculated on a per single-family dwelling basis; or (ii) 80 per cent
18831883 1858of the area median new single-family dwelling sales price, subject to such further limitations as
18841884 1859may be established under the qualified homeownership credit allocation plan.
18851885 1860 “Project development team”, the group of entities that develops, constructs, reports,
18861886 1861appraises, finances and services the associated properties of a qualified homeownership
18871887 1862development project in partnership with the project development owner.
18881888 1863 “Qualified buyer”, an individual that is a first-time homebuyer with an annual income not
18891889 1864exceeding 120 per cent of the area median income, as determined by the United States
18901890 1865Department of Housing and Urban Development, for the location in which the single-family 85 of 181
18911891 1866dwelling being purchased is located, and who satisfies any additional qualifications established
18921892 1867by the director under the qualified homeownership credit allocation plan.
18931893 1868 “Qualified homeownership credit allocation plan”, a plan adopted by the director with the
18941894 1869approval of the secretary establishing: (i) criteria and metrics under which homeownership
18951895 1870development projects shall be assessed for qualification and the geographic areas in which
18961896 1871qualified homeownership development projects may be located; (ii) criteria for approving and
18971897 1872ranking applications for credits; (iii) a methodology to determine applicable median new single-
18981898 1873family dwelling sales prices for the area in which the project is located; (iv) mechanisms to
18991899 1874maintain affordability of each single-family dwelling that is created as part of a qualified
19001900 1875homeownership development project and restricted for sale to qualified buyers, throughout the
19011901 1876affordability period; (v) criteria to be used in determining qualification as a qualified buyer; (vi)
19021902 1877criteria governing the purchase, ownership and sale of completed qualified homeownership
19031903 1878development project single-family dwellings; and (vii) the manner of determining qualified
19041904 1879project expenditures.
19051905 1880 “Qualified homeownership development project”, a project to develop for sale single-
19061906 1881family dwellings in the commonwealth that satisfies any qualifications established by the
19071907 1882director with the approval of the secretary in the qualified homeownership credit allocation plan;
19081908 1883provided, that the proposed project shall: (i) involve the new construction of not less than 10
19091909 1884single-family dwellings; (ii) be located in an eligible location; and (iii) result in not less than 20
19101910 1885per cent of the single-family dwellings being sold to qualified buyers, subject to an affordability
19111911 1886restriction in accordance with the qualified homeownership credit allocation plan. 86 of 181
19121912 1887 “Qualified project expenditure”, an expenditure directly related to the construction of a
19131913 1888qualified homeownership development project, including, but not limited to, the cost of
19141914 1889acquiring land, site assessment and remediation of hazardous materials and as further provided in
19151915 1890the qualified homeownership credit allocation plan; provided, however, that: (i) the director has
19161916 1891certified that the proposed project meets the definition of a qualified homeownership
19171917 1892development project; (ii) prior to construction, the director has certified that all or a portion of
19181918 1893the project costs are for new construction; and (iii) after the construction of the project has been
19191919 1894completed, the director has certified that the project has been completed in compliance with this
19201920 1895section and the requirements and conditions of any prior certifications.
19211921 1896 “Secretary”, the secretary of housing and livable communities.
19221922 1897 “Single-family dwelling”, (i) a residential property containing not more than 4 residential
19231923 1898units; provided, that all units shall comprise a single property, to be sold to and owned by a
19241924 1899single homeowner; or (ii) a condominium unit in a professionally managed condominium
19251925 1900development.
19261926 1901 “Sponsor”, a sponsor, as defined in section 25 of chapter 23B, of a qualified
19271927 1902homeownership development project or owner of a qualified homeownership development
19281928 1903project.
19291929 1904 “Taxpayer”, a taxpayer subject to the income tax under this chapter.
19301930 1905 (b)(1) There shall be a Massachusetts homeownership tax credit. The director, in
19311931 1906consultation with the secretary, may authorize annually under this section and section 38PP of
19321932 1907chapter 63 a total sum not exceeding: (i) $10,000,000; (ii) the amount, if any, not authorized in 87 of 181
19331933 1908the preceding taxable year; and (iii) any Massachusetts homeownership tax credits returned to
19341934 1909the director by a sponsor.
19351935 1910 (2) A taxpayer may be allowed a nonrefundable tax credit with respect to a qualified
19361936 1911homeownership development project under this section equal to the credit amount listed on the
19371937 1912eligibility certificate pursuant to subsection (d). If the credit allowable for any taxable year is
19381938 1913unused by the taxpayer or exceeds the taxpayer’s tax liability under this chapter for the taxable
19391939 1914year, the taxpayer may carry forward and apply in any subsequent taxable year, the portion, as
19401940 1915reduced from year to year, of the credit which exceeds the tax for the taxable year; provided,
19411941 1916however, that in no event shall the taxpayer apply the credit to the tax due for any taxable year
19421942 1917beginning after the affordability period.
19431943 1918 (3) To be eligible to receive a credit pursuant to this section, a sponsor shall submit an
19441944 1919application to the director on a form and in a manner prescribed by the director, in consultation
19451945 1920with the secretary; provided, that said application shall include, but shall not be limited to: (i) the
19461946 1921name and address of the sponsor; (ii) the names and addresses of all members of the project
19471947 1922development team; (iii) an estimate of the total qualified project expenditures; and (iv) any other
19481948 1923information as the director, in consultation with the secretary, may require pursuant to the
19491949 1924qualified homeownership credit allocation plan.
19501950 1925 (c)(1) The director, in consultation with the secretary, shall competitively evaluate and
19511951 1926approve applications and award tax credits under this section for a qualified homeownership
19521952 1927development project in accordance with the qualified homeownership credit allocation plan. The
19531953 1928director, in consultation with the secretary, shall determine the credit amount awarded for each 88 of 181
19541954 1929qualified homeownership development project, which shall not exceed the maximum credit
19551955 1930amount.
19561956 1931 (2) The director shall send written notice of the tax credit award to the sponsor of a
19571957 1932qualified homeownership development project. The notice shall stipulate that receipt of the tax
19581958 1933credit is contingent upon the sale of all single-family dwellings that are required to be sold to
19591959 1934qualified buyers and issuance of an eligibility certificate.
19601960 1935 (d)(1) Upon completion of a qualified homeownership development project for which a
19611961 1936tax credit was awarded under this section and the sale of all single-family dwellings that are
19621962 1937required to be sold to qualified buyers, the sponsor shall provide the director a final qualified
19631963 1938project expenditures certification for approval. Immediately after approving the final cost
19641964 1939certification, the director shall compute the credit amount and issue an eligibility certificate to
19651965 1940the project development owner. The credit amount, which shall be stated on the certificate, shall
19661966 1941equal the credit award amount stated in the notice issued under paragraph (2) of subsection (c),
19671967 1942subject to any reduction or increase as the result of the approval of the final qualified project
19681968 1943expenditures certification; provided, that such amount shall not exceed the maximum credit
19691969 1944amount.
19701970 1945 (2) Each eligibility certificate shall state the credit amount, the years that comprise the
19711971 1946affordability period, the name, address and taxpayer identification number of the sponsor and all
19721972 1947members of the project development team, the date the certificate is issued, a unique identifying
19731973 1948number and any additional information the director, in consultation with the secretary and the
19741974 1949commissioner, may require. The director shall certify a copy of each eligibility certificate to the
19751975 1950secretary and the commissioner. 89 of 181
19761976 1951 (e)(1) The sponsor shall maintain ownership of a qualified homeownership development
19771977 1952project and all single-family dwellings that are required to be sold to qualified buyers until such
19781978 1953dwellings are sold to qualified buyers.
19791979 1954 (2) The qualified buyer of a single-family dwelling constructed as part of a qualified
19801980 1955homeownership development project for which a tax credit was issued under this section shall
19811981 1956occupy such single-family dwelling as the qualified buyer’s primary residence during the
19821982 1957affordability period; provided, that a qualified buyer of a single-family dwelling that includes
19831983 1958more than 1 residential unit need only occupy a single residential unit within the single-family
19841984 1959dwelling as the qualified buyer’s primary residence during the affordability period and may lease
19851985 1960any additional units to third-party lessees.
19861986 1961 (3) If a single-family dwelling constructed as part of a qualified homeownership
19871987 1962development project is sold during the affordability period, the seller shall transfer to the director
19881988 1963an amount equal to 90 per cent of the gain from such resale, reduced by 10 per cent for each year
19891989 1964of the affordability period which ends before the date of such sale, subject to such additional
19901990 1965criteria as may be established under the qualified homeownership credit allocation plan. The
19911991 1966director shall use any amount received pursuant to a repayment under this paragraph for the
19921992 1967purpose of providing financial assistance to first-time homebuyers and offsetting the costs of
19931993 1968administering this section. The director may place a lien on each single-family dwelling
19941994 1969constructed as part of a qualified homeownership development project for an amount it deems
19951995 1970necessary to ensure potential repayment pursuant to this paragraph. 90 of 181
19961996 1971 (4) During the affordability period, a qualified buyer of a single-family dwelling that
19971997 1972includes more than 1 residential unit shall not separate the ownership of individual residential
19981998 1973units within the single-family dwelling.
19991999 1974 (f)(1) All or any portion of a tax credit issued in accordance with this section may be
20002000 1975transferred, sold or assigned to any individual or entity and the transferee shall be entitled to
20012001 1976claim the credit pursuant to paragraph (2) of subsection (b) with the same effect as if the
20022002 1977transferee had incurred the qualified project expenditures itself.
20032003 1978 (2) A sponsor or transferee desiring to make a transfer, sale or assignment as described in
20042004 1979paragraph (1) shall submit to the commissioner a statement that describes the amount of the tax
20052005 1980credit for which such transfer, sale or assignment of the tax credit is eligible. The sponsor shall
20062006 1981provide to the commissioner appropriate information for proper allocation of the tax credit.
20072007 1982 (3) If the recapture of a tax credit is required pursuant to subsection (g), any statement
20082008 1983submitted to the commissioner pursuant to paragraph (2) shall include the proportion of the tax
20092009 1984credit required to be recaptured, the identity of each transferee subject to recapture and the
20102010 1985amount of the tax credit previously transferred to such transferee.
20112011 1986 (g) The director, in consultation with the secretary, shall determine whether a sponsor or
20122012 1987qualified homeownership development project: (i) does not qualify for the credit; (ii) ceases to
20132013 1988qualify for the credit; or (iii) did not qualify for the credit at the time the credit was claimed.
20142014 1989Notwithstanding the time limitations on assessments pursuant to chapter 62C, the commissioner
20152015 1990shall determine the taxpayer or taxpayers that claimed the credit, the tax against which the credit
20162016 1991was claimed and the amount to be recaptured and shall make an assessment against the taxpayer
20172017 1992or taxpayers for the amount to be recaptured under this section. 91 of 181
20182018 1993 (h) The director may assess application, processing and reporting fees to cover the cost of
20192019 1994administering this section.
20202020 1995 (i) The credit under this section shall be attributed on a pro rata basis to the owners,
20212021 1996partners or members of the legal entity entitled to the credit under this section and shall be
20222022 1997allowed as a credit against the tax due under this chapter from such owners, partners or members
20232023 1998in a manner determined by the commissioner.
20242024 1999 (j) The secretary, in consultation with the commissioner and director, shall adopt any
20252025 2000rules and promulgate any regulations necessary to administer this section.
20262026 2001 SECTION 22. Subsection (b) of section 6O of said chapter 62, inserted by section 21, is
20272027 2002hereby amended by striking out paragraph (1) and inserting in place thereof the following
20282028 2003paragraph:-
20292029 2004 (1) There shall be a Massachusetts homeownership tax credit. The director, in
20302030 2005consultation with the secretary, may authorize annually under this section and section 38PP of
20312031 2006chapter 63 a total sum not exceeding: (i) the amount, if any, not authorized in the preceding
20322032 2007taxable year; and (ii) any Massachusetts homeownership tax credits returned to the director by a
20332033 2008sponsor.
20342034 2009 SECTION 23. Section 38R of chapter 63 of the General Laws, as appearing in the 2022
20352035 2010Official Edition, is hereby amended by striking out, in line 38, the figure “2027” and inserting in
20362036 2011place thereof the following figure:- 2030. 92 of 181
20372037 2012 SECTION 24. Said section 38R of said chapter 63, as so appearing, is hereby further
20382038 2013amended by striking out, in line 40, the figure “$55,000,000” and inserting in place thereof the
20392039 2014following figure:- $110,000,000.
20402040 2015 SECTION 25. Section 38EE of said chapter 63, as amended by section 233 of chapter 7
20412041 2016of the acts of 2023, is hereby amended by striking out, in lines 213 and 214, the words
20422042 2017“$12,000,000 in each of taxable years 2023 to 2025, inclusive” and inserting in place thereof the
20432043 2018following words:- $15,000,000 in taxable years beginning on or after January 1, 2025.
20442044 2019 SECTION 26. Said chapter 63 is hereby further amended by inserting after section
20452045 202038NN, inserted by section 7 of chapter 88 of the acts of 2024, the following 2 sections:-
20462046 2021 Section 38OO. (a) As used in this section, the following words shall, unless the context
20472047 2022clearly requires otherwise, have the following meanings:
20482048 2023 “Development cost”, as defined in section 36 of chapter 23B.
20492049 2024 “Executive office”, the executive office of housing and livable communities, established
20502050 2025pursuant to chapter 23B.
20512051 2026 “Qualified conversion project”, as defined in section 36 of chapter 23B.
20522052 2027 “Sponsors”, as defined in section 25 of chapter 23B.
20532053 2028 (b) A credit shall be allowed against the tax liability imposed by this chapter, to the
20542054 2029extent authorized by the executive office, in consultation with the commissioner, for a qualified
20552055 2030conversion project that has been completed and certified by the executive office pursuant to
20562056 2031section 36 of chapter 23B. The credit shall be equal to an amount not more than 10 per cent of
20572057 2032the qualified conversion project development costs. The credit shall be allowed for the taxable 93 of 181
20582058 2033year in which the executive office provides the commissioner written notification of completion
20592059 2034of the certified qualified conversion project. For any certified qualified conversion project,
20602060 2035development costs applicable to this credit shall be treated for purposes of this section as made
20612061 2036on the date that the executive office provides the commissioner written notification of
20622062 2037completion of the certified qualified conversion project and any data related to the development
20632063 2038costs.
20642064 2039 (c) A taxpayer eligible for the credit may, with prior notice to the commissioner, transfer
20652065 2040the credit, in whole or in part, to any individual or entity with tax labilities under this chapter or
20662066 2041chapter 62, and the transferee shall be entitled to apply the credit against the tax with the same
20672067 2042effect as if the transferee had incurred the development costs itself. If the sponsor of the certified
20682068 2043housing development qualified conversion project is a partnership or a limited liability company
20692069 2044taxed as a partnership, the credit, if transferred, must be transferred by the partnership or the
20702070 2045limited liability company. If the credit allowed to a partnership, a limited liability company taxed
20712071 2046as a partnership or multiple owners of property are not transferred they shall be passed through to
20722072 2047the persons designated as partners, members or owners, respectively, pro rata or pursuant to an
20732073 2048executed agreement among the persons designated as partners, members or owners documenting
20742074 2049an alternative distribution method without regard to their sharing of other tax or economic
20752075 2050attributes of the entity. Credits passed through to individual partners and members shall not be
20762076 2051transferable. Any amount of the tax credit that exceeds the tax due for a taxable year may be
20772077 2052carried forward by the transferee, buyer or assignee subsequent taxable years from which a
20782078 2053certificate is initially issued by the executive office; provided, however, that in no event shall the
20792079 2054transferee apply the credit to the tax due for any taxable year beginning more than 10 years after 94 of 181
20802080 2055the taxable year in which the executive office provides the commissioner written notification of
20812081 2056completion of the certified qualified conversion project.
20822082 2057 (d) If the credit allowable for any taxable year exceeds the taxpayer’s tax liability for that
20832083 2058tax year, the taxpayer may carry forward and apply in any subsequent taxable year, the portion,
20842084 2059as reduced from year to year, of the credit which exceed the tax for the taxable year; provided,
20852085 2060however, that in no event shall the taxpayer apply the credit to the tax due for any taxable year
20862086 2061beginning more than 10 years after the taxable year in which the executive office provides the
20872087 2062commissioner written notification of completion of the certified qualified conversion project.
20882088 2063 (e) The commissioner of revenue may, as of the effective date of a revocation pursuant to
20892089 2064subsection (f) of section 36 of chapter 23B, disallow any credits allowed under this section.
20902090 2065 (f) The commissioner, in consultation with the executive office, may adopt regulations
20912091 2066necessary to carry out this section, including regulations to recapture the value of any tax credits
20922092 2067allowed under this section.
20932093 2068 Section 38PP. (a) For the purposes of this section, unless the context clearly requires
20942094 2069otherwise, the following words shall have the following meanings:
20952095 2070 “Affordability period”, the 10-year period that commences on the date of the initial sale
20962096 2071of a single-family dwelling constructed as part of a qualified homeownership development
20972097 2072project.
20982098 2073 “Affordability restriction”, a restriction in form and substance approved by the director
20992099 2074and the secretary, imposing resale restrictions on a single-family dwelling constructed as part of
21002100 2075a qualified homeownership development project during the affordability period. 95 of 181
21012101 2076 “Commissioner”, the commissioner of revenue.
21022102 2077 “Credit amount”, the amount computed by the director pursuant to subsection (d) before
21032103 2078issuing an eligibility certificate.
21042104 2079 “Credit award amount”, the amount determined by the director and stipulated in the
21052105 2080notice sent pursuant to paragraph (2) of subsection (c).
21062106 2081 “Director”, the executive director of the Massachusetts Housing Finance Agency,
21072107 2082established pursuant to chapter 708 of the acts of 1966.
21082108 2083 “Eligibility certificate”, a certificate issued to a sponsor pursuant to subsection (d).
21092109 2084 “Eligible location”, a geographic area in which a qualified homeownership development
21102110 2085project may be located, based on criteria established in the qualified homeownership allocation
21112111 2086plan.
21122112 2087 “Maximum credit amount”, the amount equal to 35 per cent of the lesser of: (i) the total
21132113 2088qualified project expenditures calculated on a per single-family dwelling basis; or (ii) 80 per cent
21142114 2089of the area median new single-family dwelling sales price, subject to such further limitations as
21152115 2090may be established under the qualified homeownership credit allocation plan.
21162116 2091 “Project development team”, the group of entities that develops, constructs, reports,
21172117 2092appraises, finances and services the associated properties of a qualified homeownership
21182118 2093development project in partnership with the project development owner.
21192119 2094 “Qualified buyer”, an individual that is a first-time homebuyer with an annual income not
21202120 2095exceeding 120 per cent of the area median income, as determined by the United States
21212121 2096Department of Housing and Urban Development, for the location in which the single-family 96 of 181
21222122 2097dwelling being purchased is located, and who satisfies any additional qualifications established
21232123 2098by the director under the qualified homeownership credit allocation plan.
21242124 2099 “Qualified homeownership credit allocation plan”, a plan adopted by the director with the
21252125 2100approval of the secretary, establishing: (i) criteria and metrics under which homeownership
21262126 2101development projects shall be assessed for qualification and the geographic areas in which
21272127 2102qualified homeownership development projects may be located; (ii) criteria for approving and
21282128 2103ranking applications for credits; (iii) a methodology to determine applicable median new single-
21292129 2104family dwelling sales prices for the area in which the project is located; (iv) mechanisms to
21302130 2105maintain affordability of each single-family dwelling that is created as part of a qualified
21312131 2106homeownership development project and restricted for sale to qualified buyers, throughout the
21322132 2107affordability period; (v) criteria to be used in determining qualification as a qualified buyer; (vi)
21332133 2108criteria governing the purchase, ownership and sale of completed qualified homeownership
21342134 2109development project single-family dwellings; and (vii) the manner of determining qualified
21352135 2110project expenditures.
21362136 2111 “Qualified homeownership development project”, a project to develop for sale single-
21372137 2112family dwellings in the commonwealth that satisfies any qualifications established by the
21382138 2113director with the approval of the secretary in the qualified homeownership credit allocation plan;
21392139 2114provided, that the proposed project shall: (i) involve the new construction of not less than 10
21402140 2115single-family dwellings; (ii) be located in an eligible location; and (iii) result in not less than 20
21412141 2116per cent of the single-family dwellings being sold to qualified buyers, subject to an affordability
21422142 2117restriction in accordance with the qualified homeownership credit allocation plan. 97 of 181
21432143 2118 “Qualified project expenditure”, an expenditure directly related to the construction of a
21442144 2119qualified homeownership development project, including, but not limited to, the cost of
21452145 2120acquiring land, site assessment and remediation of hazardous materials and as further provided in
21462146 2121the qualified homeownership credit allocation plan; provided, however, that: (i) the director has
21472147 2122certified that the proposed project meets the definition of a qualified homeownership
21482148 2123development project; (ii) prior to construction, the director has certified that all or a portion of
21492149 2124the project costs are for new construction; and (iii) after the construction of the project has been
21502150 2125completed, the director has certified that the project has been completed in compliance with this
21512151 2126section and the requirements and conditions of any prior certifications.
21522152 2127 “Secretary”, the secretary of housing and livable communities.
21532153 2128 “Single-family dwelling”, (i) a residential property containing not more than 4 residential
21542154 2129units; provided, that all units shall comprise a single property, to be sold to and owned by a
21552155 2130single homeowner; or (ii) a condominium unit in a professionally managed condominium
21562156 2131development.
21572157 2132 “Sponsor”, a sponsor, as defined in section 25 of chapter 23B, of a qualified
21582158 2133homeownership development project or owner of a qualified homeownership development
21592159 2134project.
21602160 2135 “Taxpayer”, a taxpayer subject to the income tax under this chapter.
21612161 2136 (b)(1) There shall be a Massachusetts homeownership tax credit. The director, in
21622162 2137consultation with the secretary, may authorize annually under this section and section 6O of
21632163 2138chapter 62 a total sum not exceeding: (i) $10,000,000; (ii) the amount, if any, not authorized in 98 of 181
21642164 2139the preceding taxable year; and (iii) any Massachusetts homeownership tax credits returned to
21652165 2140the director by a sponsor.
21662166 2141 (2) A taxpayer may be allowed a nonrefundable tax credit with respect to a qualified
21672167 2142homeownership development project under this section equal to the credit amount listed on the
21682168 2143eligibility certificate pursuant to subsection (d). If the credit allowable for any taxable year is
21692169 2144unused by the taxpayer or exceeds the taxpayer’s tax liability under this chapter for the taxable
21702170 2145year, the taxpayer may carry forward and apply in any subsequent taxable year, the portion, as
21712171 2146reduced from year to year, of the credit which exceeds the tax for the taxable year; provided,
21722172 2147however, that in no event shall the taxpayer apply the credit to the tax due for any taxable year
21732173 2148beginning after the affordability period.
21742174 2149 (3) To be eligible to receive a credit pursuant to this section, a sponsor shall submit an
21752175 2150application to the director on a form and in a manner prescribed by the director, in consultation
21762176 2151with the secretary; provided, that said application shall include, but shall not be limited to: (i) the
21772177 2152name and address of the sponsor; (ii) the names and addresses of all members of the project
21782178 2153development team; (iii) an estimate of the total qualified project expenditures; and (iv) any other
21792179 2154information as the director, in consultation with the secretary, may require pursuant to the
21802180 2155qualified homeownership credit allocation plan.
21812181 2156 (c)(1) The director, in consultation with the secretary, shall competitively evaluate and
21822182 2157approve applications and award tax credits under this section for a qualified homeownership
21832183 2158development project in accordance with the qualified homeownership credit allocation plan. The
21842184 2159director, in consultation with the secretary, shall determine the credit amount awarded for each 99 of 181
21852185 2160qualified homeownership development project, which shall not exceed the maximum credit
21862186 2161amount.
21872187 2162 (2) The director shall send written notice of the tax credit award to the sponsor of a
21882188 2163qualified homeownership development project. The notice shall stipulate that receipt of the tax
21892189 2164credit is contingent upon the sale of all single-family dwellings that are required to be sold to
21902190 2165qualified buyers and issuance of an eligibility certificate.
21912191 2166 (d)(1) Upon completion of a qualified homeownership development project for which a
21922192 2167tax credit was awarded under this section and the sale of all single-family dwellings that are
21932193 2168required to be sold to qualified buyers, the sponsor shall provide the director a final qualified
21942194 2169project expenditures certification for approval. Immediately after approving the final cost
21952195 2170certification, the director shall compute the credit amount and issue an eligibility certificate to
21962196 2171the project development owner. The credit amount, which shall be stated on the certificate, shall
21972197 2172equal the credit award amount stated in the notice issued under paragraph (2) of subsection (c),
21982198 2173subject to any reduction or increase as the result of the approval of the final qualified project
21992199 2174expenditures certification; provided, that such amount shall not exceed the maximum credit
22002200 2175amount.
22012201 2176 (2) Each eligibility certificate shall state the credit amount, the years that comprise the
22022202 2177affordability period, the name, address and taxpayer identification number of the sponsor and all
22032203 2178members of the project development team, the date the certificate is issued, a unique identifying
22042204 2179number and any additional information the director, in consultation with the secretary and the
22052205 2180commissioner, may require. The director shall certify a copy of each eligibility certificate to the
22062206 2181secretary and the commissioner. 100 of 181
22072207 2182 (e)(1) The sponsor shall maintain ownership of a qualified homeownership development
22082208 2183project and all single-family dwellings that are required to be sold to qualified buyers until such
22092209 2184dwellings are sold to qualified buyers.
22102210 2185 (2) The qualified buyer of a single-family dwelling constructed as part of a qualified
22112211 2186homeownership development project for which a tax credit was issued under this section shall
22122212 2187occupy such single-family dwelling as the qualified buyer’s primary residence during the
22132213 2188affordability period; provided, that a qualified buyer of a single-family dwelling that includes
22142214 2189more than 1 residential unit need only occupy a single residential unit within the single-family
22152215 2190dwelling as the qualified buyer’s primary residence during the affordability period and may lease
22162216 2191any additional units to third-party lessees.
22172217 2192 (3) If a single-family dwelling constructed as part of a qualified homeownership
22182218 2193development project is sold during the affordability period, the seller shall transfer to the director
22192219 2194an amount equal to 90 per cent of the gain from such resale, reduced by 10 per cent for each year
22202220 2195of the affordability period which ends before the date of such sale, subject to such additional
22212221 2196criteria as may be established under the qualified homeownership credit allocation plan. The
22222222 2197director shall use any amount received pursuant to a repayment under this paragraph for the
22232223 2198purpose of providing financial assistance to first-time homebuyers and offsetting the costs of
22242224 2199administering this section. The director may place a lien on each single-family dwelling
22252225 2200constructed as part of a qualified homeownership development project for an amount it deems
22262226 2201necessary to ensure potential repayment pursuant to this paragraph. 101 of 181
22272227 2202 (4) During the affordability period, a qualified buyer of a single-family dwelling that
22282228 2203includes more than 1 residential unit shall not separate the ownership of individual residential
22292229 2204units within the single-family dwelling.
22302230 2205 (f)(1) All or any portion of a tax credit issued in accordance with this section may be
22312231 2206transferred, sold or assigned to any individual or entity and the transferee shall be entitled to
22322232 2207claim the credit pursuant to paragraph (2) of subsection (b) with the same effect as if the
22332233 2208transferee had incurred the qualified project expenditures itself.
22342234 2209 (2) A sponsor or transferee desiring to make a transfer, sale or assignment as described in
22352235 2210paragraph (1) shall submit to the commissioner a statement that describes the amount of the tax
22362236 2211credit for which such transfer, sale or assignment of the tax credit is eligible. The sponsor shall
22372237 2212provide to the commissioner appropriate information for proper allocation of the tax credit.
22382238 2213 (3) If the recapture of a tax credit is required pursuant to subsection (g), any statement
22392239 2214submitted to the commissioner pursuant to paragraph (2) shall include the proportion of the tax
22402240 2215credit required to be recaptured, the identity of each transferee subject to recapture and the
22412241 2216amount of the tax credit previously transferred to such transferee.
22422242 2217 (g) The director, in consultation with the secretary, shall determine whether a sponsor or
22432243 2218qualified homeownership development project: (i) does not qualify for the credit; (ii) ceases to
22442244 2219qualify for the credit; or (iii) did not qualify for the credit at the time the credit was claimed.
22452245 2220Notwithstanding the time limitations on assessments pursuant to chapter 62C, the commissioner
22462246 2221shall determine the taxpayer or taxpayers that claimed the credit, the tax against which the credit
22472247 2222was claimed and the amount to be recaptured and shall make an assessment against the taxpayer
22482248 2223or taxpayers for the amount to be recaptured under this section. 102 of 181
22492249 2224 (h) The director may assess application, processing and reporting fees to cover the cost of
22502250 2225administering this section.
22512251 2226 (i) The credit under this section shall be attributed on a pro rata basis to the owners,
22522252 2227partners or members of the legal entity entitled to the credit under this section and shall be
22532253 2228allowed as a credit against the tax due under this chapter from such owners, partners or members
22542254 2229in a manner determined by the commissioner.
22552255 2230 (j) The secretary, in consultation with the commissioner and director, shall adopt any
22562256 2231rules and promulgate any regulations necessary to administer this section.
22572257 2232 SECTION 27. Subsection (b) of section 38PP of said chapter 63, as inserted by section
22582258 223326, is hereby amended by striking out paragraph (1) and inserting in place thereof the following
22592259 2234paragraph:-
22602260 2235 (1) There shall be a Massachusetts homeownership tax credit. The director, in
22612261 2236consultation with the secretary, may authorize annually under this section and section 6O of
22622262 2237chapter 62 a total sum not exceeding: (i) the amount, if any, not authorized in the preceding
22632263 2238taxable year; and (ii) any Massachusetts homeownership tax credits returned to the director by a
22642264 2239sponsor.
22652265 2240 SECTION 28. Subsection (a) of section 52 of chapter 93 of the General Laws, as
22662266 2241appearing in the 2022 Official Edition, is hereby amended by adding the following clause:-
22672267 2242 (7) Eviction records sealed pursuant to section 16 of chapter 239.
22682268 2243 SECTION 29. Section 127I of chapter 111 of the General Laws, as so appearing, is
22692269 2244hereby amended by adding the following paragraph:- 103 of 181
22702270 2245 Notwithstanding the fourth paragraph, following the appointment of a receiver for a
22712271 2246vacant residential property, the court, upon motion by the receiver with notice to the owner,
22722272 2247mortgagee and all interested parties, may allow the sale of the property to a nonprofit entity for
22732273 2248fair market value in its then current condition. Any such sale shall be conditioned upon the court
22742274 2249finding that the nonprofit agrees to correct all outstanding state sanitary code violations and
22752275 2250rehabilitate the property for sale to a first-time homebuyer whose income is not more than 120
22762276 2251per cent of the area median income as determined by the United States Department of Housing
22772277 2252and Urban Development; provided, that a nonprofit entity shall demonstrate to the court adequate
22782278 2253expertise and resources necessary to rehabilitate the property and correct outstanding state
22792279 2254sanitary code violations. Any such motion filed by a receiver pursuant to this paragraph shall be
22802280 2255heard by the court not less than 30 days following the filing date, during which period the owner,
22812281 2256mortgagee and any other interested parties may join a motion for leave to correct all outstanding
22822282 2257state sanitary code violations at the property. Upon a finding by the court that the owner,
22832283 2258mortgagee or other interested party has the intention and ability to correct all outstanding state
22842284 2259sanitary code violations, the court shall stay the hearing on the receiver’s motion for a reasonable
22852285 2260period of time to allow the owner, mortgagee or other interested party to correct such outstanding
22862286 2261sanitary code violations.
22872287 2262 SECTION 30. Section 11 of chapter 121B of the General Laws, as so appearing, is
22882288 2263hereby amended by striking out paragraphs (n) and (o) and inserting in place thereof the
22892289 2264following 3 paragraphs:-
22902290 2265 (n) To join or cooperate with 1 or more other operating agencies in the exercise, either
22912291 2266jointly or otherwise, of any of their powers for the purpose of financing, including the issuance
22922292 2267of bonds, notes or other obligations and the giving of security therefor, planning, undertaking, 104 of 181
22932293 2268owning, constructing, operating or contracting with respect to any project or projects authorized
22942294 2269by this chapter located within the area within which 1 or more of such authorities are authorized
22952295 2270to exercise their powers; and for such purpose to prescribe and authorize, by resolution, any
22962296 2271operating agency so joining and cooperating with it to act in its behalf in the exercise of any of
22972297 2272such powers;
22982298 2273 (o) To lease energy saving systems that replace non-renewable fuels with renewable
22992299 2274energy such as solar powered systems; and
23002300 2275 (p) To secure, with the approval of the department, in consultation with the executive
23012301 2276office for administration and finance, indebtedness incurred for the preservation, modernization
23022302 2277and maintenance of 1 or more of its low rent housing developments assisted under section 32 or
23032303 227834 by a pledge of a portion of capital funds awarded to it for improvements to be carried out
23042304 2279pursuant to a capital improvement plan, approved by the department and in accordance with
23052305 2280department regulations governing capital projects. The department, in consultation with the
23062306 2281executive office for administration and finance, shall promulgate regulations to establish
23072307 2282limitations on the percentage of awarded capital funds that may be pledged to secure
23082308 2283indebtedness, describe permitted terms for borrowing and repayment and establish criteria for
23092309 2284operating agencies permitted to incur indebtedness secured by a pledge of capital funds. Any
23102310 2285pledge of future year capital funds pursuant to this section shall be subject to the availability of
23112311 2286funds under the department’s capital spending plan. All financing documents related to future
23122312 2287year capital fund amounts shall include a statement that the credit of the commonwealth is not
23132313 2288pledged and that the pledging of funds shall be subject to the availability of funds under the
23142314 2289department’s capital spending plan. 105 of 181
23152315 2290 SECTION 31. Section 26C of said chapter 121B, as amended by section 256 of chapter 7
23162316 2291of the acts of 2023, is hereby amended by striking out the words “provided, however, that the
23172317 2292capital assistance team shall provide services to the housing authority without requiring payment
23182318 2293for the services by the housing authority” and inserting in place thereof the following words:-
23192319 2294provided, however, that the capital assistance team shall provide services to a housing authority
23202320 2295with 500 or fewer state-aided units without requiring payment for services by the housing
23212321 2296authority; and provided further, that the capital assistance team may require payment for services
23222322 2297provided to a housing authority with more than 500 state-aided units and for additional services
23232323 2298not covered by this section and approved by the department.
23242324 2299 SECTION 32. Said section 26C of said chapter 121B, as so amended, is hereby further
23252325 2300amended by striking out subsection (e) and inserting in place thereof the following subsection:-
23262326 2301 (e) There shall be a capital assistance advisory board consisting of 7 members. Each
23272327 2302capital assistance team shall appoint 2 members to the advisory board and the department shall
23282328 2303appoint 1 member, who shall have at least 5 years of experience as the manager of not less than
23292329 2304200 units of privately owned housing. Only members of participating housing authorities in the
23302330 2305region shall be eligible for appointment to the advisory board. The advisory board shall meet on
23312331 2306an annual basis with the capital assistance team directors, host housing authority directors and
23322332 2307the secretary of housing and livable communities, or a designee, and shall discuss issues of
23332333 2308program performance and coordination.
23342334 2309 SECTION 33. The first paragraph of section 29 of said chapter 121B, as appearing in the
23352335 23102022 Official Edition, is hereby amended by striking out the first sentence and inserting in place
23362336 2311thereof the following sentence:- The members of a housing authority shall biennially, or more 106 of 181
23372337 2312frequently as required by the department, and at a time to be determined by the department, file
23382338 2313with the department a written report for its preceding fiscal years since its last previously filed
23392339 2314written report.
23402340 2315 SECTION 34. Said first paragraph of said section 29 of said chapter 121B, as so
23412341 2316appearing, is hereby further amended by adding the following sentence:- Notwithstanding the
23422342 2317foregoing, nothing in this section shall exempt a housing authority from submitting an annual
23432343 2318plan pursuant to section 28A and this section.
23442344 2319 SECTION 35. Section 34 of said chapter 121B, as so appearing, is hereby amended by
23452345 2320adding the following paragraph:-
23462346 2321 Notwithstanding any general or special law to the contrary, the tenants of a state-aided or
23472347 2322federally-aided public housing project transferred or conveyed pursuant to the fourteenth
23482348 2323paragraph shall maintain all rights pursuant to federal, state and local subsidy programs
23492349 2324originally applicable to the project, including tenant contribution, lease terms, eviction, right to
23502350 2325return, grievance, resident participation, preference in hiring and privacy rights, except as may be
23512351 2326required to secure financing necessary for the feasibility of the project or to meet associated
23522352 2327programmatic eligibility requirements after notice to affected tenants with an opportunity to
23532353 2328comment. The redevelopment of such public housing project shall not be the basis for: (i)
23542354 2329termination of assistance or eviction of any tenant; (ii) reduction of assistance or eviction of any
23552355 2330tenant; or (iii) re-screening any existing tenant; provided, that no existing tenant shall be
23562356 2331considered a new admission for any purpose, including, but not limited to, compliance with any
23572357 2332income targeting requirements. Any such project shall have at least the same number of low rent
23582358 2333housing units as the number of low rent housing units in the existing project. The requirements 107 of 181
23592359 2334of this paragraph shall be implemented through contracts, use agreements, regulations or other
23602360 2335means, as determined by the department. Any contracts, use agreements, regulations or other
23612361 2336means shall be in compliance with all applicable local, state and federal subsidy programs and
23622362 2337shall delineate: (i) the roles of the housing authority and other agencies in monitoring and
23632363 2338enforcing compliance, including tracking temporary and permanent displacement; (ii) how the
23642364 2339housing authority shall rehouse tenants so there shall be no displacement from affordable
23652365 2340housing programs operated by the housing authority; and (iii) how tenants shall be provided with
23662366 2341technical assistance to facilitate meaningful input related to the redevelopment of the proposed
23672367 2342project. The benefits of any contracts, use agreements, regulations or other means shall inure to
23682368 2343any tenant who occupied a unit within the project at the time of the transfer or conveyance of the
23692369 2344project. Protections relating to tenant contribution, lease terms, eviction, grievance, resident
23702370 2345participation, preference in hiring and privacy rights, except as may be required to secure
23712371 2346financing necessary for the feasibility of the project or to meet associated programmatic
23722372 2347eligibility requirements, shall inure to both present or future tenants or applicants of the project,
23732373 2348who shall have the right to enforce the same as third-party beneficiaries. Nothing in this section
23742374 2349shall create a separate or new administrative process of appeal or review for any grievance
23752375 2350governed by the lease of any tenant. Tenants shall have an opportunity for comment on a project
23762376 2351proposed under the fourteenth paragraph and an opportunity for public comment to be organized
23772377 2352by the owners, controlled entities, designated private entities or public housing authorities
23782378 2353responsible for such projects with adequate notice.
23792379 2354 SECTION 36. The third sentence of subsection (b) of section 3 of chapter 121E of the
23802380 2355General Laws, as so appearing, is hereby amended by striking out clause (3) and inserting in
23812381 2356place thereof the following clause: 108 of 181
23822382 2357 (3) issued only if a contract or agreement for the use of the property for housing purposes
23832383 2358provides for the recording of a restriction in the registry of deeds or the registry district of the
23842384 2359land court in the county in which the affected real property is located, for the benefit of the
23852385 2360department, running with the land, that the land be used for providing alternative forms of rental
23862386 2361and ownership housing; provided, that the property shall not be released from the restriction
23872387 2362until: (i) the balance of the principal and interest for the loan has been repaid in full; (ii) a
23882388 2363mortgage foreclosure deed has been recorded; or (iii) there has been a disposition of the
23892389 2364property; provided, that the department determines that relevant clients will be better served at an
23902390 2365alternative property and the proceeds from the disposition of the property will be used, to the
23912391 2366extent necessary for replacement of the housing at the property, for 1 or both of the following
23922392 2367purposes: (A) to acquire such alternative property; or (B) to rehabilitate such alternative
23932393 2368property;.
23942394 2369 SECTION 37. Said section 3 of said chapter 121E, as so appearing, is hereby further
23952395 2370amended by striking out, in lines 41 to 44, inclusive, the words “, provided that the project
23962396 2371continues to remain affordable housing as set forth in the contract or agreement entered into for
23972397 2372the duration of the project by the department” and inserting in place thereof the following
23982398 2373words:- ; provided, that the project, whether at the original property, or at an alternative property
23992399 2374pursuant to clause (3), continues to remain affordable housing as set forth in the contract or
24002400 2375agreement entered into for the duration of the project by the department.
24012401 2376 SECTION 38. Section 2 of chapter 121F of the General Laws, as so appearing, is hereby
24022402 2377amended by striking out subsection (a) and inserting in place thereof the following subsection:- 109 of 181
24032403 2378 (a) There shall be within the department a separate fund to be known as the Housing
24042404 2379Stabilization and Investment Trust Fund. The department shall administer the fund and shall
24052405 2380ensure that funds are distributed among urban, suburban and rural areas with a particular
24062406 2381emphasis on the development of alternative forms of housing and local and regional needs. Such
24072407 2382funds shall be used for the purpose of undertaking projects to develop and support affordable
24082408 2383housing developments and homeownership affordability through the acquisition, preservation,
24092409 2384new construction and rehabilitation of affordable housing, including, but not limited to, the
24102410 2385preservation and improvement of existing privately-owned and state or federally-assisted
24112411 2386housing. Uses of the fund may include: (i) assistance for projects to stabilize and promote
24122412 2387reinvestment in cities and towns, including, but not limited to, preserving and improving existing
24132413 2388privately-owned and state or federally-assisted housing and any other techniques necessary to
24142414 2389achieve reinvestment; provided, that funds may be expended for energy audits and housing
24152415 2390modifications to achieve energy efficiency and conservation; and (ii) assistance for housing
24162416 2391where the expiration of federal or state low-income housing tax credits or other federal or state
24172417 2392subsidies would lead or has led to the termination of a use agreement for low-income housing or
24182418 2393in which a project-based rental assistance contract is expiring or has expired. The fund shall be
24192419 2394an expendable trust fund and shall not be subject to appropriation.
24202420 2395 SECTION 39. Said section 2 of said chapter 121F, as so appearing, is hereby further
24212421 2396amended by striking out, in line 28, the words “nonprofit or for-profit organizations” and
24222422 2397inserting in place thereof the following words:- eligible entities pursuant to subsection (a) of
24232423 2398section 3.
24242424 2399 SECTION 40. Said section 2 of said chapter 121F, as so appearing, is hereby further
24252425 2400amended by striking out, in lines 35 to 38, inclusive, the words “or the Community Economic 110 of 181
24262426 2401Development Assistance Corporation established in chapter 40H to provide assistance from the
24272427 2402fund for projects owned or sponsored by nonprofit organizations” and inserting in place thereof
24282428 2403the following words:- to provide assistance from the fund.
24292429 2404 SECTION 41. Section 3 of said chapter 121F, as so appearing, is hereby amended by
24302430 2405striking out subsections (a) and (b) and inserting in place thereof the following 2 subsections:-
24312431 2406 (a) The fund shall finance low and no-interest loans, grants, subsidies, credit
24322432 2407enhancements and other financial assistance for rental and ownership housing; provided, that any
24332433 2408assistance provided shall be the minimum amount necessary to make a project feasible; provided
24342434 2409further, that loans, grants, subsidies, credit enhancements and other financial assistance pursuant
24352435 2410to this chapter may be provided to qualified for-profit or non-profit developers, community
24362436 2411development corporations, local housing authorities, community action agencies, community-
24372437 2412based or neighborhood-based non-profit housing organizations, other non-profit organizations
24382438 2413and for-profit entities and governmental bodies; provided further, that recipients may enter into
24392439 2414subcontracts to administer the contracts with other for-profit or nonprofit organizations; provided
24402440 2415further, that loans, grants, subsidies, credit enhancements and other financial assistance pursuant
24412441 2416to this chapter may be provided for the acquisition of property to provide or preserve affordable
24422442 2417housing; provided further, that the loan program may be administered by the department through
24432443 2418contracts with the Massachusetts Housing Partnership Fund established in section 35 of chapter
24442444 2419405 of the acts of 1985; provided further, that the program may include acquisition, financing
24452445 2420and other holding costs, interim management costs and operating costs and may be used by the
24462446 2421Massachusetts Housing Partnership Fund to secure, collateralize or reserve against other
24472447 2422financing obtained by the Massachusetts Housing Partnership Fund to support such costs; and
24482448 2423provided further, that not less than 75 per cent of the beneficiaries of the housing shall be persons 111 of 181
24492449 2424whose income is not more than 60 per cent of the area median income and not less than 13 per
24502450 2425cent of the beneficiaries of the housing shall be persons whose income is not more than 30 per
24512451 2426cent of the area median income.
24522452 2427 (b)(1) Activities eligible for assistance from the fund shall include, but shall not be
24532453 2428limited to: (i) projects to develop and support affordable housing developments and
24542454 2429homeownership affordability through the acquisition, preservation, new construction and
24552455 2430rehabilitation of affordable housing; and (ii) the preservation of affordable housing developments
24562456 2431that: (A) are currently, or were previously, subject to prepayment or payment of a state or
24572457 2432federally-assisted mortgage; (B) are receiving project-based rental assistance under section 8 of
24582458 2433the United States Housing Act of 1937, 42 U.S.C. 1437f, and the rental assistance is expiring; or
24592459 2434(C) have received other project-based federal or state subsidies which are terminating or have
24602460 2435terminated.
24612461 2436 (2) Property eligible for assistance shall include, but shall not be limited to, housing
24622462 2437where the prepayment or payment of a state or federally-assisted mortgage or the expiration of
24632463 2438federal low income housing tax credits or other federal or state subsidies would lead or has led to
24642464 2439the termination of a use agreement for low income housing or in which a project-based rental
24652465 2440assistance contract is expiring or has expired; provided, that a property eligible for assistance that
24662466 2441has been acquired for the purpose of preserving or improving the property shall not lose
24672467 2442eligibility due to actions by the purchaser to renew or extend state or federal contracts or
24682468 2443subsidies.
24692469 2444 (3) The department, in consultation with nonprofit organizations, the Community
24702470 2445Economic Development Assistance Corporation, the Massachusetts Housing Finance Agency 112 of 181
24712471 2446and the Massachusetts Housing Partnership Fund, shall identify projects at greatest risk of
24722472 2447prepayment, payment, termination of subsidies and use restrictions or nonrenewal of rental
24732473 2448assistance. Funding priority shall be based on at-risk criteria to be determined by the department
24742474 2449and set forth in regulations promulgated by the department.
24752475 2450 SECTION 42. Said section 3 of said chapter 121F, as so appearing, is hereby further
24762476 2451amended by striking out subsection (d) and inserting in place thereof the following subsection:-
24772477 2452 (d) Prior to providing assistance, the department shall determine that: (i) the housing
24782478 2453would not, by private enterprise alone and without government assistance, be available to lower
24792479 2454income families and individuals; and (ii) the amount of assistance is the minimum amount
24802480 2455necessary to make the housing development feasible. The department shall require, as a
24812481 2456condition of receiving assistance, that: (A) the housing remain affordable for its useful life as
24822482 2457determined by the department; and (B) with respect to rental housing, the operations of the
24832483 2458owner and its articles of organization and by-laws, and any changes to the articles of
24842484 2459organization and by-laws, shall be subject to regulation by the department.
24852485 2460 SECTION 43. Section 5 of said chapter 121F, as so appearing, is hereby amended by
24862486 2461striking out, in lines 2 to 5, inclusive, the words “including, but not limited to, regulations
24872487 2462relative to grants to cities and towns for the demolition of certain vacant and abandoned
24882488 2463buildings and procedures for neighborhood revitalization plans”.
24892489 2464 SECTION 44. The General Laws are hereby amended by inserting after chapter 121G the
24902490 2465following chapter:-
24912491 2466 CHAPTER 121H 113 of 181
24922492 2467 SUPPORTIVE HOUSING POOL FUND
24932493 2468 Section 1. As used in this chapter, the following words shall, unless the context clearly
24942494 2469requires otherwise, have the following meanings:
24952495 2470 “Chronically homeless”, a person who has been homeless for at least 1 year or has been
24962496 2471repeatedly homeless.
24972497 2472 “Executive office”, the executive office of housing and livable communities.
24982498 2473 “Fund”, the Supportive Housing Pool Fund established in section 2.
24992499 2474 “Permanent supportive housing”, rental housing that includes supportive services for
25002500 2475individuals and families who may be homeless or chronically homeless, individuals and families
25012501 2476with behavioral health needs or substance addiction needs, survivors of domestic violence,
25022502 2477survivors of human trafficking, survivors of sexual violence, individuals and families at risk of
25032503 2478entering or transitioning out of the foster care system, youth and young adults, seniors and
25042504 2479veterans or other individuals with similar needs, as determined by the executive office.
25052505 2480 Section 2. (a) There shall be a Supportive Housing Pool Fund to support the production
25062506 2481of permanent supportive housing. The fund shall be administered by the executive office directly
25072507 2482or through contracts with 1 or more of the following administering agencies: (i) the Community
25082508 2483Economic Development Assistance Corporation, established in chapter 40H; (ii) the
25092509 2484Massachusetts Housing Partnership Fund, established in section 35 of chapter 405 of the acts of
25102510 24851985; or (iii) the Massachusetts Housing Finance Agency, established in chapter 708 of the acts
25112511 2486of 1966; provided, that an administering agency may directly offer financial assistance for the
25122512 2487purposes pursuant to this section or may enter into subcontracts with non-profit organizations 114 of 181
25132513 2488established pursuant to chapter 180 for those purposes; and provided further, that the
25142514 2489administering agency may establish additional program requirements through regulations or
25152515 2490policy guidelines.
25162516 2491 (b) There shall be credited to the fund: (i) revenue from appropriations or other money
25172517 2492authorized by the general court and specifically designated for the fund; (ii) any gifts, grants,
25182518 2493private contributions, repayment of loans, fees and charges imposed relative to the making of
25192519 2494loans, grants, subsidies, credit enhancements and other financial assistance; (iii) any investment
25202520 2495income earned on the fund’s assets; and (iv) any other sources. Money remaining in the fund at
25212521 2496the end of a fiscal year shall not revert to the General Fund.
25222522 2497 Section 3. Funds expended pursuant to this chapter shall be in the form of grants, loans or
25232523 2498other financial assistance to projects and organizations that shall provide stable housing options
25242524 2499and supportive services to residents of permanent supportive housing, which may include, but
25252525 2500shall not be limited to, staffing, case management, service coordination or other tenancy-related
25262526 2501services provided by a project sponsor or through a third party, or other services or activities that
25272527 2502the executive office has determined are essential to the day-to-day operation of permanent
25282528 2503supportive housing.
25292529 2504 Section 4. The executive office may promulgate regulations for the implementation,
25302530 2505administration and enforcement of this chapter and may, in consultation with the executive office
25312531 2506of health and human services, the executive office of elder affairs, the department of children and
25322532 2507families and the Massachusetts office for victim assistance, issue guidelines for the fund.
25332533 2508 SECTION 45. Chapter 143 of the General Laws is hereby amended by adding the
25342534 2509following section:- 115 of 181
25352535 2510 Section 101. The executive office of housing and livable communities shall promulgate
25362536 2511regulations to ensure that no seller of a residential structure or a residential condominium unit, or
25372537 2512an agent thereof, shall: (i) condition the acceptance of an offer to purchase on the prospective
25382538 2513purchaser’s agreement to waive, limit, restrict or otherwise forego any prospective purchaser’s
25392539 2514right to have the structure or unit inspected, except when the sale of the structure or unit is to
25402540 2515occur at an auction conducted by an auctioneer licensed under chapter 100; or (ii) accept an offer
25412541 2516to purchase from a prospective purchaser, or an agent thereof who, in advance of the seller’s
25422542 2517acceptance of an offer, informs the seller, either directly or indirectly, that the prospective
25432543 2518purchaser intends to waive, in whole or in part, the prospective purchaser’s right to inspection;
25442544 2519provided, however, that the seller may accept such an offer without violating this section if the
25452545 2520prospective purchaser is: (A) the spouse, sibling, child, parent, grandparent, grandchild, great-
25462546 2521grandchild or great-grandparent of the seller; or (B) the former spouse of the seller and the sale
25472547 2522of the structure or unit is being made pursuant to a judgment or order under chapter 208;
25482548 2523provided further, that other limited exceptions may be provided for by regulation.
25492549 2524 SECTION 46. Chapter 183A of the General Laws is hereby amended by striking out
25502550 2525section 16, as so appearing, and inserting in place thereof the following section:-
25512551 2526 Section 16. The owners of any land may submit the land under this chapter by the
25522552 2527recording in the registry of deeds of a master deed or, if the title to the land is registered under
25532553 2528chapter 185, by filing the master deed under said chapter 185.
25542554 2529 SECTION 47. Said chapter 183A is hereby further amended by adding the following
25552555 2530section:- 116 of 181
25562556 2531 Section 24. (a) Notwithstanding any provisions in a master deed, declaration of trust or
25572557 2532by-laws of a condominium submitted pursuant to this chapter to the contrary, the governing body
25582558 2533of the organization of unit owners may conduct regularly scheduled or special meetings by
25592559 2534telephonic or video conference call or other interactive electronic communication process;
25602560 2535provided, however, that all participants shall be able to simultaneously communicate with each
25612561 2536other during the meeting. Presence by such electronic means shall satisfy any quorum
25622562 2537requirements. The governing body may vote on any action properly before the body and approve
25632563 2538meeting minutes by electronic means including, but not limited to, email and video conferencing.
25642564 2539 (b) The governing body may conduct annual or special meetings of the unit owners where
25652565 2540physical presence is not required. Such meetings may be held by telephonic or video conference
25662566 2541call or other interactive electronic communication process as determined by the governing body.
25672567 2542The governing body shall notify all unit owners of such meetings and provide access information
25682568 2543for participation in such meetings. Participation by electronic means shall satisfy quorum
25692569 2544requirements. The governing body shall take reasonable measures to ensure that unit owners can
25702570 2545participate fully, including by reading or hearing the proceedings and posing questions or
25712571 2546comments.
25722572 2547 (c) The governing body may allow unit owners to vote on any matter by mail-in ballot or
25732573 2548electronic means; provided, however, that a quorum of unit owners shall be present for the vote.
25742574 2549The governing body may promulgate and amend policies related to electronic meetings and
25752575 2550voting, pursuant to its rule-making authority as set forth in the governing documents of the
25762576 2551organization of unit owners. If a master deed, declaration of trust, by-law or other document of
25772577 2552the organization of unit owners requires the signature or written consent of unit owners, unit 117 of 181
25782578 2553owners may electronically submit their signatures or written consent as determined by the
25792579 2554governing body.
25802580 2555 SECTION 48. Chapter 185 of the General Laws is hereby amended by striking out
25812581 2556section 52 and inserting in place thereof the following section:-
25822582 2557 Section 52. (a) As used in this section, “notice of voluntary withdrawal” shall mean an
25832583 2558instrument in writing signed and acknowledged by all owners of the land to be voluntarily
25842584 2559withdrawn and that contains the following information: (i) names and addresses of all owners;
25852585 2560(ii) the certificate of title number with the registration book and page numbers; (iii) a description
25862586 2561of the land in the form contained in the certificate of title or a description incorporating by
25872587 2562reference the lot numbers, if numbered and the land court plan, together with a reference to the
25882588 2563certificate with which the plan is filed; and (iv) the street address of the land, if any. The notice
25892589 2564of voluntary withdrawal shall include warning to all interest holders entitled to notice that any
25902590 2565objection to the requested withdrawal shall be filed with the court not later than 30 days
25912591 2566following the service of the notice or shall be waived.
25922592 2567 (b) A judgment of registration and the entry of a certificate of title shall be
25932593 2568 regarded as an agreement running with the land and binding upon the plaintiff and the
25942594 2569plaintiff's successors in title that the land shall be and forever remain registered land and subject
25952595 2570to this chapter unless withdrawn under this section and except as provided in section 26.
25962596 2571 (c) If all of a parcel of land, the title to which is registered under this chapter, is acquired
25972597 2572by the commonwealth, any agency, department, board, commission or authority of the
25982598 2573commonwealth, any political subdivision of the commonwealth or any agency, department,
25992599 2574board, commission or authority of any political subdivision of the commonwealth, the 118 of 181
26002600 2575acquisition shall be a sufficient ground for withdrawal of the registered land from this chapter.
26012601 2576The land so acquired shall be withdrawn upon the filing with the land court of a complaint for
26022602 2577voluntary withdrawal by the public entity and the endorsement by a justice of the land court of a
26032603 2578notice of withdrawal by the public entity, which shall be filed in the registry district where the
26042604 2579land is located.
26052605 2580 (d) The owners of the fee simple estate in a parcel of land, the title to which has been
26062606 2581registered under this chapter, may voluntarily withdraw the registered land from this chapter by
26072607 2582filing with the land court a complaint for voluntary withdrawal naming themselves as all of the
26082608 2583owners of the fee simple estate in the entire parcel of land, and identifying any mortgagees,
26092609 2584lessees or option holders of record having an interest in the registered land, together with a notice
26102610 2585of voluntary withdrawal. The plaintiff shall file with the complaint documentation sufficient to
26112611 2586establish conclusively their ownership of the fee simple estate in the entire parcel of land that is
26122612 2587the subject of the complaint, including, but not limited to, a last-prepared certificate of title,
26132613 2588deeds, conveyance records or other documents or instruments that demonstrate their ownership
26142614 2589interest. The plaintiff also may file with the court written and signed assents from any interest
26152615 2590holders entitled to notice who have agreed to the withdrawal. Upon the request of the plaintiff or
26162616 2591the court’s determination of reasonable need, the court may appoint an examiner of title, whose
26172617 2592fees shall be paid by the plaintiff, to prepare a report sufficient to identify the current owners and
26182618 2593all current mortgagees, lessees, or option holders with interests in the land who are entitled to
26192619 2594notice. The court’s order of appointment shall be made not later than 30 days after receipt of the
26202620 2595complaint or request for appointment, if later made, unless the court, for good cause, determines
26212621 2596that appointment at a later time is indicated, and shall direct such report to be prepared and filed
26222622 2597with the court not later than 14 days after the appointment is made, unless the court, for good 119 of 181
26232623 2598cause, then or thereafter allows further time. All interest holders entitled to notice who have not
26242624 2599assented shall be served by certified mail with a file-stamped copy of the complaint and notice of
26252625 2600voluntary withdrawal. The court may order further notice to be given, including by additional
26262626 2601means, if the court determines it necessary or desirable to accomplish effective service. The
26272627 2602plaintiff shall file with the court an affidavit certifying that such notice by certified mail or other
26282628 2603means ordered by the court has been given, together with proof of service. Where the plaintiff is
26292629 2604represented by counsel, the affidavit shall be executed by counsel.
26302630 2605 (e) If no objection has been filed by any interest holder entitled to notice not later than 30
26312631 2606days following service, a justice of the court shall approve and endorse the notice of voluntary
26322632 2607withdrawal not later than 30 days following receipt of all required information and
26332633 2608documentation unless the court, for good cause, determines that further time is indicated.
26342634 2609Notwithstanding the filing of an objection not later than 30 days, the notice of voluntary
26352635 2610withdrawal shall be endorsed by a justice of the land court unless the court determines that there
26362636 2611is good cause for the objection. Upon endorsement by a justice of the land court, the notice of
26372637 2612voluntary withdrawal shall be filed for registration and noted on the memorandum of
26382638 2613encumbrances for the certificate of title and may be recorded with the registry of deeds for the
26392639 2614district within which the land lies, whereupon the land shall be withdrawn from this chapter and
26402640 2615shall become unregistered land. The owners shall hold title to the land free of all liens and
26412641 2616encumbrances, including adverse possession and prescriptive rights, existing as of the date the
26422642 2617judicially-endorsed notice of voluntary withdrawal is noted on the memorandum of
26432643 2618encumbrances, as though a judgment of confirmation without registration had been recorded
26442644 2619under section 56A; provided, however, that the owners shall not hold title free of the
26452645 2620encumbrances set forth or referred to in section 46 and those noted on the certificate of title or 120 of 181
26462646 2621filed for registration before the date the endorsed notice of voluntary withdrawal is noted on the
26472647 2622memorandum of encumbrances.
26482648 2623 (f) The chief justice of the land court or a designee may promulgate or establish rules,
26492649 2624practices, guidelines, forms or procedures, including an appropriate filing fee for the complaint
26502650 2625and notice of voluntary withdrawal, as necessary to implement this section.
26512651 2626 SECTION 49. Said chapter 185 is hereby further amended by striking out section 114
26522652 2627and inserting in place thereof the following section:-
26532653 2628 Section 114. (a) No erasure, alteration or amendment shall be made upon the registration
26542654 2629book after the entry of a certificate of title or of a memorandum thereon and the attestation of the
26552655 2630same by the recorder or an assistant recorder without court order, except in an instance in which
26562656 2631the assistant recorder, upon approval of the chief title examiner of the land court or their
26572657 2632designee, determines that a clerical error or omission has been made in the entry of the certificate
26582658 2633of title or memorandum thereon.
26592659 2634 (b) A registered owner or other person in interest may apply by complaint to the court
26602660 2635upon the grounds that: (i) registered interests of any description, whether vested, contingent,
26612661 2636expectant or inchoate, have terminated and ceased; (ii) new interests not appearing upon the
26622662 2637certificate have arisen or been created; (iii) an error or omission was made in entering a
26632663 2638certificate or any memorandum thereon; (iv) the name of any person on the certificate has been
26642664 2639changed; (v) the registered owner has married, or if registered as married, that the marriage has
26652665 2640been terminated; (vi) a corporation which owned registered land and has been dissolved has not
26662666 2641conveyed the same within 3 years after its dissolution; or (vii) upon any other reasonable ground,
26672667 2642and the court may hear and determine the complaint after notice to all parties in interest, and may 121 of 181
26682668 2643order the entry of a new certificate, the entry or cancellation of a memorandum upon a
26692669 2644certificate, or grant any other relief upon such terms, requiring security if necessary, as it may
26702670 2645consider proper; provided, however, that this section shall not authorize the court to open the
26712671 2646original judgment of registration; and provided further, that nothing shall be done by the assistant
26722672 2647recorder or ordered by the court that shall impair the title or other interest of a purchaser holding
26732673 2648a certificate for value and in good faith, or their heirs or assigns, without their written consent.
26742674 2649 SECTION 50. Section 15B of chapter 186 of the General Laws, as appearing in the 2022
26752675 2650Official Edition, is hereby amended by inserting after the figure “(2)”, in line 25, the following
26762676 2651words:- ; provided, however, that the executive office of housing and livable communities may
26772677 2652promulgate regulations to authorize a lessor and a tenant or prospective tenant to agree to the
26782678 2653payment of a fee in lieu of payment of a security deposit; provided further, that any such
26792679 2654regulations shall: (A) require the lessor to utilize a fee collected to waive a security deposit to
26802680 2655cover for unpaid rent or unit damage that applies to the tenant’s lease; (B) require that a fee so
26812681 2656collected be: (I) entirely or partially non-refundable; provided, however, that the lessor shall
26822682 2657disclose that the fee is non-refundable in the lease; provided further, that the tenant shall agree to
26832683 2658the fee and acknowledge that the tenant understand that it is entirely or partially non-refundable,
26842684 2659as the case may be, in writing; and (II) a recurring monthly fee, or payable upon any schedule
26852685 2660and in an amount that the lessor and tenant agree upon, as authorized by the executive office; (C)
26862686 2661limit the total sum of the fee or recurring payments, regardless of the duration of the lease and
26872687 2662any extensions thereto, to an amount not to exceed 1 month’s rent; (D) require that the fee be
26882688 2663made optional for both the tenant and the lessor and that the tenant be permitted to choose to pay
26892689 2664a full security deposit rather than the fee; (E) require a lessor who offers such a fee in lieu of
26902690 2665security deposit: (I) to offer the option of a fee in lieu of a security deposit to every prospective 122 of 181
26912691 2666tenant whose application for occupancy has been approved, regardless of income, race, gender,
26922692 2667gender identity, disability, sexual orientation, immigration status, size of household or credit
26932693 2668score; and (II) not to consider such factors and categories when setting the amount of the fee; and
26942694 2669(F) allow a tenant who agrees to pay a fee to waive a security deposit to opt-out of the obligation
26952695 2670to pay such fee if such tenant pays the security deposit that would otherwise be in effect for the
26962696 2671tenant’s apartment on the day the tenant chooses to opt-out of such fee; provided further, that the
26972697 2672sum of fees paid to waive a security deposit and the payment of the security deposit shall not
26982698 2673exceed, in total, the amount of 1 month’s rent; and provided further, that the executive office
26992699 2674shall consult with the office of the attorney general prior to promulgating regulations authorizing
27002700 2675a fee in lieu of a security deposit under this section.
27012701 2676 SECTION 51. Section 1 of chapter 188 of the General Laws, as appearing in the 2022
27022702 2677Official Edition, is hereby amended by striking out, in lines 15, 21, 25, 41 and 47, each time it
27032703 2678appears, the figure “$500,000” and inserting in place thereof, in each instance, the following
27042704 2679figure:- $1,000,000.
27052705 2680 SECTION 52. Chapter 239 of the General Laws is hereby amended by adding the
27062706 2681following section:-
27072707 2682 Section 16. (a) For the purposes of this section, the following words shall have the
27082708 2683following meanings unless the context clearly requires otherwise:-
27092709 2684 “Consumer report”, a written, oral or other communication of any information by a
27102710 2685consumer reporting agency bearing on a person’s credit worthiness, credit standing or credit
27112711 2686capacity that is used or expected to be used or collected, in whole or in part, for the purpose of 123 of 181
27122712 2687serving as a factor in establishing the person’s eligibility for rental housing or other purposes
27132713 2688authorized under section 51 of chapter 93.
27142714 2689 “Consumer reporting agency”, an individual, partnership, corporation, trust, estate,
27152715 2690cooperative, association, government or governmental subdivision or agency or other entity that,
27162716 2691for monetary fees, dues or on a cooperative nonprofit basis, regularly engages, in whole or in
27172717 2692part, in the practice of assembling or evaluating consumer credit information or other
27182718 2693information on consumers for the purpose of furnishing consumer reports to third parties.
27192719 2694 “Court”, the trial court of the commonwealth established pursuant to section 1 of chapter
27202720 2695211B and any departments or offices established within the trial court.
27212721 2696 “Court record”, any paper or electronic records or data in any communicable form
27222722 2697compiled by, on file with or in the care custody or control of, the court that concern a person and
27232723 2698relate to the nature or disposition of an eviction action or a lessor action.
27242724 2699 “Eviction action”, a summary process action under this chapter to recover possession of
27252725 2700residential premises.
27262726 2701 “Lessor action”, any civil action brought against the owner, manager or lessor of
27272727 2702residential premises by the tenant or occupant of such premises relating to or arising out of such
27282728 2703property, rental, tenancy or occupancy for breach of warranty, breach of any material provision
27292729 2704of the rental agreement or violation of any other law.
27302730 2705 “No-fault eviction”, an eviction action in which the notice to quit, notice of termination
27312731 2706or complaint does not include an allegation of nonpayment of rent or violation of any material
27322732 2707term of the tenancy by the tenant or occupant; provided, however, that a “no-fault eviction” shall 124 of 181
27332733 2708include an action brought after termination of a tenancy for economic, business or other reasons
27342734 2709not constituting a violation of the terms of the tenancy.
27352735 2710 (b) A person having a court record of a no-fault eviction on file in a court may petition
27362736 2711the court to seal the court record at any time after the conclusion of the action, including
27372737 2712exhaustion of all rights of appeal. The petition shall be on a form furnished by the trial court of
27382738 2713the commonwealth, signed under the penalties of perjury and filed in the same court as the action
27392739 2714sought to be sealed. If an action was active in more than 1 court during its pendency, a petition
27402740 2715may be filed in each such court. Notice shall be given to parties to the original action. The court
27412741 2716shall comply with the petitioner’s request to seal the court record pursuant to this subsection;
27422742 2717provided, however, that the record only pertains to a no-fault eviction and the action to which the
27432743 2718record relates has concluded with all rights of appeal exhausted. If no objection is filed by a party
27442744 2719within 7 days of filing the petition, such court may, in its discretion, process such petitions
27452745 2720administratively without a hearing.
27462746 2721 (c) A person having a court record in an eviction action for nonpayment of rent on file in
27472747 2722a court may, on a form furnished by the trial court and signed under the penalties of perjury,
27482748 2723petition the court to seal the court record. The petition shall be filed in the same court as the
27492749 2724action sought to be sealed. If an action was active in more than 1 court during its pendency, a
27502750 2725petition may be filed in each such court. Notice shall be given to parties to the original action.
27512751 2726The court shall comply with the petitioner’s request to seal the court record pursuant to this
27522752 2727subsection; provided, however, that the action to which the record relates concluded, including
27532753 2728exhaustion of all rights of appeal, not less than 4 years before the request and no eviction action
27542754 2729for nonpayment or lessor action has been brought against the petitioner within the
27552755 2730commonwealth in the 4 years preceding the request; provided further, that the petitioner certifies 125 of 181
27562756 2731on the petition that the nonpayment of rent was due to an economic hardship and such economic
27572757 2732hardship has rendered them unable to satisfy the judgment. If no objection is filed by a party, the
27582758 2733court may, in its discretion, process such petitions administratively without a hearing. If an
27592759 2734objection is filed by a party, within 7 days of filing the petition, the court shall conduct a hearing
27602760 2735to determine the petitioner’s compliance with the foregoing conditions and may require the
27612761 2736petitioner to complete a financial statement on a form furnished by the trial court.
27622762 2737 (d) A person having a court record of a fault eviction on file in a court may, on a form
27632763 2738furnished by the trial court and signed under the penalties of perjury, petition the court to seal the
27642764 2739court record. The petition shall be filed in the same court as the action sought to be sealed. If an
27652765 2740action was active in more than 1 court during its pendency, a petition may be filed in each such
27662766 2741court. Notice shall be given to parties to the original action. The court shall comply with the
27672767 2742petitioner’s request to seal the court record pursuant to this subsection; provided, however, that
27682768 2743the action to which the record relates concluded, including exhaustion of all rights of appeal, not
27692769 2744less than 7 years before the request and no eviction action for fault or lessor action has been
27702770 2745brought against the petitioner within the commonwealth in the 7 years preceding the request. If
27712771 2746no objection is filed by a party, within 7 days of filing the petition, the court may, in its
27722772 2747discretion, process such petitions administratively without a hearing.
27732773 2748 (e) A person having a court judgment against them in a civil action commenced pursuant
27742774 2749to section 19 of chapter 139 on file in a court may, on a form furnished by the trial court and
27752775 2750signed under the penalties of perjury, petition the court to seal the court record. The petition shall
27762776 2751be filed in the same court as the action sought to be sealed. If an action was active in more than 1
27772777 2752court during its pendency, a petition may be filed in each such court. Notice shall be given to
27782778 2753parties to the original action. The court shall schedule a hearing to determine whether: (i) the 126 of 181
27792779 2754action to which the record relates concluded, including exhaustion of all rights of appeal, not less
27802780 2755than 7 years before the request and no eviction action for fault, or action pursuant to said section
27812781 275619 of said chapter 139, has been brought against the petitioner within the commonwealth in the 7
27822782 2757years preceding the request, and such petitioner has not been convicted of any criminal offense
27832783 2758referenced in said section 19 of said chapter 139 during such 7-year period; and (ii) the sealing of
27842784 2759such record is in the interest of justice and public safety. Notwithstanding any provision to the
27852785 2760contrary, where the plaintiff did not obtain a judgment in its favor, the defendant may petition to
27862786 2761seal the court record at any time after the conclusion of the action, including exhaustion of all
27872787 2762rights of appeal.
27882788 2763 (e1/2) A person having a court record of an eviction action that resulted in a dismissal or
27892789 2764final judgment in favor of the defendant may petition the court to seal the court record at any
27902790 2765time after the conclusion of the action, which shall include exhaustion of all rights of appeal. The
27912791 2766petition shall be on a form furnished by the trial court, signed under the penalties of perjury and
27922792 2767filed in the same court as the action sought to be sealed was initially filed. If the action was
27932793 2768active in more than 1 court during its pendency, a petition may be filed in each such court.
27942794 2769Notice to parties of the original action shall not be required. The court may, in its discretion,
27952795 2770process the petition administratively without a hearing.
27962796 2771 (f) Upon motion and for good cause shown, or as otherwise authorized by this section,
27972797 2772court records sealed under this section may, at the discretion of the court and upon a balancing of
27982798 2773the interests of the litigants and the public in nondisclosure of the information with the interests
27992799 2774of the requesting party, be made available for public safety, scholarly, educational, journalistic or
28002800 2775governmental purposes only; provided, however, that the personal identifying information of the
28012801 2776parties involved in the action shall remain sealed unless the court determines that release of such 127 of 181
28022802 2777information is appropriate under this subsection and necessary to fulfill the purpose of the
28032803 2778request. Nothing in this subsection shall permit the release of personal identifying information
28042804 2779for commercial purposes.
28052805 2780 (g) Nothing in this section shall prohibit the dissemination of information contained in a
28062806 2781record sealed pursuant to this section as the court deems necessary or appropriate: (i) for the
28072807 2782collection of a money judgment; (ii) to pursue a criminal investigation; (iii) to pursue a criminal
28082808 2783prosecution; or (iv) where information in the sealed record was entered into evidence in a
28092809 2784criminal prosecution that resulted in a criminal charge.
28102810 2785 (h) Nothing in this section shall prohibit a person or their representative from petitioning
28112811 2786the court to obtain access to sealed eviction records in which the person is a party.
28122812 2787 (i) A consumer reporting agency shall not disclose the existence of, or information
28132813 2788regarding, an eviction record sealed under this section or use information contained in a sealed
28142814 2789court record as a factor to determine any score or recommendation to be included in a consumer
28152815 2790report unless the court record was available for inspection with the court within 30 days of the
28162816 2791report date. A consumer reporting agency may include in a consumer report information found in
28172817 2792publicly available court records; provided, however, that the consumer report shall include a
28182818 2793person’s full name, whether an eviction action was a fault eviction, a no-fault eviction or a lessor
28192819 2794action and the outcome of any eviction action if such information is contained in the publicly-
28202820 2795available court record. Information contained in a court record sealed under this section shall be
28212821 2796removed from the consumer report or from the calculation of any score or recommendation to be
28222822 2797included in a consumer report within 30 days of the sealing of the court record from which it is
28232823 2798derived. Any consumer reporting agency that violates this subsection shall be liable to the person 128 of 181
28242824 2799who is the subject of the consumer report in an amount equal to the sum of any actual damages
28252825 2800sustained by the consumer as a result of the violation and the costs of the action, including
28262826 2801reasonable attorney’s fees. The attorney general shall enforce this subsection, and the remedies
28272827 2802provided hereunder shall not be exclusive. Nothing in this subsection shall waive the rights or
28282828 2803remedies of any person under any other law or regulation.
28292829 2804 (j) An application used to screen applicants for housing or credit that seeks information
28302830 2805concerning prior eviction actions of the applicant shall include the following statement: “An
28312831 2806applicant for housing or credit with a sealed record on file with the court pursuant to section 16
28322832 2807of chapter 239 of the General Laws may answer ‘no record’ to an inquiry relative to that sealed
28332833 2808court record.” No party shall be liable for any violation of the foregoing provision unless such
28342834 2809party has first been issued a written warning from the attorney general and has failed to address
28352835 2810the violation within 90 days of such notice.
28362836 2811 The petition provided by the court for the sealing of records as provided under this
28372837 2812section and any order granting such petition shall contain the following notice: “An applicant for
28382838 2813housing or credit with a sealed record on file with the court pursuant to section 16 of chapter 239
28392839 2814of the General Laws may answer ‘no record’ to an inquiry relative to that sealed court record.”
28402840 2815 (k) A party who obtains a judgment or enters into an agreement in an eviction action
28412841 2816solely for nonpayment of rent shall, not more than 14 days after satisfaction of the judgment or
28422842 2817agreement, file with the court in which the judgment or agreement was entered a notice of
28432843 2818satisfaction of the judgment or agreement. A party that has satisfied such judgment or agreement
28442844 2819may, upon noncompliance with this subsection by the other party, file a petition for the judgment
28452845 2820or agreement to be deemed satisfied, with notice to the parties to such action. The court shall 129 of 181
28462846 2821comply with the petitioner’s request; provided, however, that the record only pertains to an
28472847 2822action for nonpayment of rent and the judgment or agreement has been satisfied. If no objection
28482848 2823is filed by a party within 7 days of filing the petition, the court may, in its discretion, process
28492849 2824such petition administratively without a hearing. Upon the filing of a notice of satisfaction of
28502850 2825judgment or an agreement, or court judgment deeming the judgment or agreement satisfied, a
28512851 2826party may petition the court to seal the court record pertaining to that action. The petition shall be
28522852 2827on a form furnished by the trial court, signed under the penalties of perjury and filed in the same
28532853 2828court as the action sought to be sealed. If an action was active in more than 1 court during its
28542854 2829pendency, a petition may be filed in each such court. Notice shall be given to the parties to the
28552855 2830original action. The court shall comply with the petitioner’s request and seal the court record if
28562856 2831the judgment or agreement has been satisfied and the action has concluded, with all rights of
28572857 2832appeal exhausted and with no objection filed by a party within 7 days of filing the petition. The
28582858 2833court may process such petitions administratively without a hearing.
28592859 2834 SECTION 53. Section 3 of chapter 708 of the acts of 1966, as amended by section 43 of
28602860 2835chapter 204 of the acts of 1996, is hereby further amended by striking out, in the first sentence,
28612861 2836the words “department of housing and community development” and inserting in place thereof
28622862 2837the following words:- executive office of housing and livable communities.
28632863 2838 SECTION 54. The first paragraph of said section 3 of said chapter 708, as most recently
28642864 2839amended by sections 43 and 44 of said chapter 204, is hereby further amended by striking out the
28652865 2840third sentence and inserting in place thereof the following sentence:- Any law to the contrary
28662866 2841notwithstanding the MHFA shall not be subject to the provisions of chapter 30A, sections 24
28672867 2842through 28, inclusive, of chapter 93, chapter 255E or chapter 255F of the General Laws. 130 of 181
28682868 2843 SECTION 55. The first sentence of the second paragraph of said section 3 of said chapter
28692869 2844708, as amended, is hereby further amended by striking out the words “director of housing and
28702870 2845community development” and inserting in place thereof the following words:- secretary of
28712871 2846housing and livable communities.
28722872 2847 SECTION 56. Paragraph (b) of section 8 of said chapter 708, is hereby amended by
28732873 2848striking out the sixth sentence, as most recently amended by chapter 34 of the acts of 2003, and
28742874 2849inserting in place thereof the following sentence:- The aggregate principal amount of notes and
28752875 2850bonds of the MHFA issued to make mortgage loans pursuant to section 5 and to make or
28762876 2851purchase loans pursuant to section 5A, outstanding at any 1 time, shall not exceed the sum of
28772877 2852$10,800,000,000.
28782878 2853 SECTION 57. Clause (iii) of the definition of “Housing accommodation” in section 3 of
28792879 2854chapter 527 of the acts of 1983, as appearing in section 4 of chapter 709 of the acts of 1989, is
28802880 2855hereby amended by striking out, the first time it appears, the word “buildings” and inserting in
28812881 2856place thereof the following words:- owner-occupied buildings.
28822882 2857 SECTION 58. Paragraph (a) of section 35 of chapter 405 of the acts of 1985 is hereby
28832883 2858further amended by striking out the words “department of housing and community
28842884 2859development”, as appearing in section 47 of chapter 204 of the acts of 1996, and inserting in
28852885 2860place thereof the following words:- executive office of housing and livable communities.
28862886 2861 SECTION 59. Said paragraph (a) of said section 35 of said chapter 405 is hereby further
28872887 2862amended by striking out the words “communities and development”, as appearing in section 36
28882888 2863of chapter 102 of the acts of 1990, and inserting in place thereof the following words:- housing
28892889 2864and livable communities. 131 of 181
28902890 2865 SECTION 60. Section 2 of chapter 52 of the acts of 1993 is hereby amended by striking
28912891 2866out item 4000-8200, most recently amended by sections 15 to 18, inclusive, of chapter 244 of the
28922892 2867acts of 2002, and inserting in place thereof the following item:-
28932893 2868 4000-8200For state financial assistance to implement the recommendations of the
28942894 2869special commission in the form of loans for the development of community-based housing for
28952895 2870individuals with mental health or intellectual or developmental disabilities; provided, that said
28962896 2871loan program shall be administered by the executive office of housing and livable communities
28972897 2872through contracts with authorities which shall be limited to housing authorities and
28982898 2873redevelopment authorities duly organized and existing in accordance with chapter 121B of the
28992899 2874General Laws, community development corporations duly organized and existing in accordance
29002900 2875with chapter 40F of the General Laws, the Massachusetts Housing Finance Agency, a body
29012901 2876politic and corporate entity established by chapter 708 of the acts of 1966, as amended, the
29022902 2877Massachusetts community economic development assistance corporation (CEDAC), a body
29032903 2878politic and corporate entity established by chapter 40H of the General Laws, and the
29042904 2879Massachusetts Government Land Bank, a body politic and corporate entity established by
29052905 2880chapter 212 of the acts of 1975; provided, that said loan issuing authorities may develop or
29062906 2881finance said community-based housing, or may enter into subcontracts with non-profit
29072907 2882organizations established pursuant to chapter 180 of the General Laws or organizations in which
29082908 2883such non-profit corporations have a controlling financial or managerial interest; provided,
29092909 2884however, that said department shall take due consideration of a balanced geographic plan for
29102910 2885such community-based housing when issuing said loans; provided further, that loans issued
29112911 2886pursuant to this item shall be subject to the following provisions: (1) said loans shall be limited
29122912 2887to not more than 50 per cent of the financing of the total development costs; (2) said loans shall 132 of 181
29132913 2888only be issued for a community-based housing project contingent on the title to said real property
29142914 2889reverting to the commonwealth when said loan becomes due and payable except as provided by
29152915 2890section 3; (3) said loans shall only be issued when any contract or agreement for the use of said
29162916 2891property for the purposes of such community-based housing provides for the recording of a
29172917 2892restriction in the registry of deeds or the registry district of the land court of the county in which
29182918 2893the affected real property is located, for the benefit of the said departments, running with the
29192919 2894land, that the land be used for the purpose of providing community-based housing for eligible
29202920 2895individuals as determined by the departments of mental health; provided, that the property shall
29212921 2896not be released from such restrictions unless: (i) the balance of the principal and interest for the
29222922 2897loan has been repaid in full; (ii) a mortgage foreclosure deed has been recorded; or (iii) there has
29232923 2898been a disposition of the property; provided, that the executive office of housing and livable
29242924 2899communities, in consultation with the department of mental health and the department of
29252925 2900developmental services, determines that relevant clients will be better served at an alternative
29262926 2901property and the proceeds from the disposition of the property will be used, to the extent
29272927 2902necessary for replacement of the housing at the property, for 1 or both of the following purposes:
29282928 2903(A) to acquire such alternative property; or (B) to rehabilitate such alternative property; (4) said
29292929 2904loans shall be issued for a term of up to 30 years during which time repayment may be deferred
29302930 2905by the loan issuing authority unless at the end of any fiscal year, cash collections from all sources
29312931 2906in connection with a community-based housing project, except for contributions, donations, or
29322932 2907grant monies, exceed 105 per cent of cash expenditures on behalf of said project, including debt
29332933 2908service, operating expenses, and capital reserves, in which event such excess cash shall be paid
29342934 2909to the commonwealth within 45 days of the end of said fiscal year, payable first to interest due
29352935 2910hereunder and thereafter to principal advanced pursuant to said loan; provided, that if on the date 133 of 181
29362936 2911said loans become due and payable to the commonwealth an outstanding balance exists and if, on
29372937 2912such date, the executive office of housing and livable communities in consultation with the
29382938 2913executive office of health and human services, determines that there still exists a need for such
29392939 2914housing and that there is continued funding available for the provision of services to such
29402940 2915development, said executive office may, by agreement with the owner of the development,
29412941 2916extend the loans for such periods, each period not to extend beyond 10 years, as the executive
29422942 2917office determines; provided, however, that the project, whether at the original property, or at an
29432943 2918alternative property pursuant to clause (3), shall remain affordable housing for the duration of the
29442944 2919loan term, as extended, as set forth in the contract or agreement entered into by the executive
29452945 2920office; and provided, further, that, in the event that the terms of repayment detailed in this item
29462946 2921would cause a project authorized by this item to become ineligible to receive federal funds which
29472947 2922would otherwise assist in the development of that project, the secretary may waive the terms of
29482948 2923repayment which would cause the project to become ineligible; (5) interest rates for said loans
29492949 2924shall be fixed at a rate, to be determined by the secretary for housing and livable communities in
29502950 2925consultation with the treasurer of the commonwealth, that shall be equal to the rate anticipated to
29512951 2926be that paid by the commonwealth for bonds issued pursuant to section 8 of this act; which
29522952 2927financing shall not exceed terms of 30 years; (6) said loans shall be provided only for projects
29532953 2928conforming to the provisions of this act; and (7) said loans shall be issued in accordance with a
29542954 2929facilities consolidation plan prepared by the secretary of health and human services, reviewed
29552955 2930and approved by the secretary of housing and livable communities and filed with the secretary
29562956 2931for administration and finance and the house and senate committees on ways and means;
29572957 2932provided, that no expenditures shall be made pursuant to this item without the prior approval of
29582958 2933the secretary for administration and finance; provided further, that not more than $10,000,000 134 of 181
29592959 2934shall be expended from this item for a pilot program of community-based housing loans to serve
29602960 2935mentally-ill homeless individuals in the current or former care of said department of mental
29612961 2936health; provided further, that in implementing said pilot program, said executive office shall take
29622962 2937due consideration of a balanced geographic plan when establishing community-based residences;
29632963 2938provided further, that said housing services made available pursuant to such loans shall not be
29642964 2939construed as a right or an entitlement for any individual or class of persons to the benefits of said
29652965 2940pilot program; and provided further, that eligibility for said pilot program shall be established by
29662966 2941regulations promulgated by said executive office. The executive office of housing and livable
29672967 2942communities shall promulgate emergency regulations pursuant to section 2 of chapter 30A of the
29682968 2943General Laws for the implementation of the community-based housing loan program and the
29692969 2944mentally ill homeless pilot loan program authorized by this item, consistent with the facilities
29702970 2945consolidation plan prepared by the secretary of health and human services and after consultation
29712971 2946with said secretary and the commissioner of the division of capital asset management and
29722972 2947maintenance.……………………………………………….………………………….$50,000,000
29732973 2948 SECTION 61. Clause (2) of item 3722-8899 of section 2 of chapter 494 of the acts of
29742974 29491993 is hereby amended by striking out the words “provided, that said property shall not be
29752975 2950released from such restriction unless and until the balance of the principal and interest for said
29762976 2951loan is repaid in full or unless and until a mortgage foreclosure deed is recorded” and inserting in
29772977 2952place thereof the following words:- provided, that said property shall not be released from such
29782978 2953restriction unless and until: (i) the balance of the principal and interest for said loan has been
29792979 2954repaid in full; (ii) a mortgage foreclosure deed has been recorded; or (iii) there has been a
29802980 2955disposition of the property; provided, further that the executive office of housing and livable
29812981 2956communities shall determine that relevant clients will be better served at an alternative property 135 of 181
29822982 2957and the proceeds from the disposition of the property shall be used, to the extent necessary for
29832983 2958replacement of the housing at the property, for 1 or both of the following purposes: (A) to
29842984 2959acquire such alternative property; or (B) to rehabilitate such alternative property.
29852985 2960 SECTION 62. Clause (4) of said item 3722-8899 of said section 2 of said chapter 494 is
29862986 2961hereby amended by striking out the words “provided, that the project continues to remain
29872987 2962affordable housing as set forth in the contract or agreement entered into for the duration of the
29882988 2963project by the department” and inserting in place thereof the following words:- provided, that
29892989 2964that the project, whether at the original property, or at an alternative property pursuant to clause
29902990 2965(2), continues to remain affordable housing as set forth in the contract or agreement entered into
29912991 2966for the duration of the project by the executive office.
29922992 2967 SECTION 63. Said item 3722-8899 of said section 2 of said chapter 494 is hereby further
29932993 2968amended by striking out clauses (6) to (8), inclusive, and inserting in place thereof the following
29942994 2969clause:- and (6) the executive office shall take due consideration of a balanced geographic plan
29952995 2970for such alternative forms of housing when issuing said loans;.
29962996 2971 SECTION 64. The first paragraph of section 16 of chapter 179 of the acts of 1995 is
29972997 2972hereby amended by striking out the words “in the form of mobile vouchers” and inserting in
29982998 2973place thereof the following words:- in the form of either mobile vouchers or project-based
29992999 2974vouchers.
30003000 2975 SECTION 65. The second paragraph of section 12 of chapter 257 of the acts of 1998, as
30013001 2976amended by section 52 of chapter 235 of the acts of 2000, is hereby further amended by striking
30023002 2977out clause (2) and inserting in place thereof the following clause:- 136 of 181
30033003 2978 (2) such loans shall only be issued when a contract or agreement for the use of the
30043004 2979property for the purposes of such housing provides for the recording of a restriction in the
30053005 2980registry of deeds or the registry district of the land court in the county in which the affected real
30063006 2981property is located, for the benefit of the executive office of housing and livable communities,
30073007 2982running with the land, that the land be used for the purpose of providing alternative forms of
30083008 2983rental and ownership housing. Such property shall not be released from such restriction until: (i)
30093009 2984the balance of the principal and interest for any such loan has been repaid in full; (ii) a mortgage
30103010 2985foreclosure deed has been recorded; or (iii) there has been a disposition of the property;
30113011 2986provided, that the executive office shall determine that relevant clients will be better served at an
30123012 2987alternative property and the proceeds from the disposition of the property will be used, to the
30133013 2988extent necessary for replacement of the housing at the property, for 1 or both of the following
30143014 2989purposes: (A) to acquire such alternative property; or (B) to rehabilitate such alternative
30153015 2990property;.
30163016 2991 SECTION 66. Clause (3) of said section 12 of said chapter 257 , as so amended, is hereby
30173017 2992further amended by striking out the words “, provided that the project continues to remain
30183018 2993affordable housing as set forth in the contract or agreement entered into for the duration of the
30193019 2994project by the department” and inserting in place thereof the following words:- ; provided, that
30203020 2995the project, whether at the original property, or at an alternative property pursuant to clause (2),
30213021 2996continues to remain affordable housing as set forth in the contract or agreement entered into for
30223022 2997the duration of the project by the executive office.
30233023 2998 SECTION 67. Said section 12 of said chapter 257, as so amended, is hereby further
30243024 2999amended by striking out clauses (5) to (7), inclusive, and inserting in place thereof the following 137 of 181
30253025 3000clause:- and (5) said executive office shall take due consideration of a balanced geographic plan
30263026 3001for such alternative forms of housing when issuing such loans.
30273027 3002 SECTION 68. The second paragraph of section 5 of chapter 244 of the acts of 2002 is
30283028 3003hereby amended by striking out clause (2) and inserting in place thereof the following clause:-
30293029 3004 (2) such loans shall only be issued when a contract or agreement for the use of the
30303030 3005property for the purposes of such housing provides for the recording of a restriction in the
30313031 3006registry of deeds or the registry district of the land court in the county in which the affected real
30323032 3007property is located, for the benefit of the executive office of housing and livable communities,
30333033 3008running with the land, that the land be used for the purpose of providing alternative forms of
30343034 3009rental and ownership housing. Such property shall not be released from such restriction until: (i)
30353035 3010the balance of the principal and interest for any such loan has been repaid in full; (ii) a mortgage
30363036 3011foreclosure deed has been recorded; or (iii) there has been a disposition of the property;
30373037 3012provided, that the executive office shall determine that relevant clients will be better served at an
30383038 3013alternative property and the proceeds from the disposition of the property will be used, to the
30393039 3014extent necessary for replacement of the housing at the property, for 1 or both of the following
30403040 3015purposes: (A) to acquire such alternative property; or (B) to rehabilitate such alternative
30413041 3016property;.
30423042 3017 SECTION 69. Said second paragraph of said section 5 of said chapter 244 is hereby
30433043 3018further amended by striking out, in clause (3), the words “provided that the project continues to
30443044 3019remain affordable housing as set forth in the contract or agreement entered into for the duration
30453045 3020of the project by the department” and inserting in place thereof the following words:- ; provided,
30463046 3021that the project, whether at the original property, or at an alternative property pursuant to clause 138 of 181
30473047 3022(2), continues to remain affordable housing as set forth in the contract or agreement entered into
30483048 3023for the duration of the project by the executive office.
30493049 3024 SECTION 70. Said second paragraph of said section 5 of said chapter 244 is hereby
30503050 3025further amended by striking out clauses (5) to (7), inclusive, and inserting in place thereof the
30513051 3026following clause:- and (5) said executive office shall take due consideration of a balanced
30523052 3027geographic plan for such alternative forms of housing when issuing such loans.
30533053 3028 SECTION 71. Clause (3) of item 4000-8200 of section 2E of chapter 290 of the acts of
30543054 30292004, as amended by section 20 of chapter 6 of the acts of 2005, is hereby amended by striking
30553055 3030out the words “provided, that the property shall not be released from such restrictions until the
30563056 3031balance of the principal and interest for the loan is repaid in full or until a mortgage foreclosure
30573057 3032deed is recorded” and inserting in place thereof the following words:- provided, that the property
30583058 3033shall not be released from such restrictions unless: (i) the balance of the principal and interest for
30593059 3034the loan has been repaid in full; (ii) a mortgage foreclosure deed has been recorded; or (iii) the
30603060 3035executive office of housing and livable communities has determined, pursuant to clause (2), that
30613061 3036repayment to the commonwealth is not required.
30623062 3037 SECTION 72. Clause (4) of said item 4000-8200 of said section 2E of said chapter 290,
30633063 3038as so amended, is hereby amended by striking out the words “provided, however, that the project
30643064 3039shall continue to remain affordable housing for the duration of the loan term, as extended, as set
30653065 3040forth in the contract or agreement entered into by the department” and inserting in place thereof
30663066 3041the following words:- provided, however, that the project, whether at the original property, or at
30673067 3042an alternative property pursuant to clause (3), shall continue to remain affordable housing for the 139 of 181
30683068 3043duration of the loan term, as extended, as set forth in the contract or agreement entered into by
30693069 3044the executive office.
30703070 3045 SECTION 73. Said item 4000-8200 of said section 2E of said chapter 290, as so
30713071 3046amended, is hereby further amended by striking out clauses (6) and (7).
30723072 3047 SECTION 74. Said item 4000-8200 of said section 2E of said chapter 290, as so
30733073 3048amended, is hereby further amended by striking out the figure “(8)” and inserting in place thereof
30743074 3049the following figure:- (6).
30753075 3050 SECTION 75. Said item 4000-8200 of said section 2E of said chapter 290, as so
30763076 3051amended, is hereby further amended by striking out the figure “(9)” and inserting in place thereof
30773077 3052the following figure:- (7).
30783078 3053 SECTION 76. Said item 4000-8200 of said section 2E of said chapter 290, as so
30793079 3054amended, is hereby further amended by striking out the figure “(10)” and inserting in place
30803080 3055thereof the following figure:- (8).
30813081 3056 SECTION 77. Item 4000-8201 of said section 2E of said chapter 290 is hereby amended
30823082 3057by striking out clause (2) and inserting in place thereof the following clause:-
30833083 3058 (2) said loans shall be issued only when any contract or agreement for the use of said
30843084 3059property for the purposes of such housing provides for repayment to the commonwealth at the
30853085 3060time of disposition of the property if such property will no longer be subject to a recorded deed
30863086 3061restriction pursuant to clause (3); provided, however, that such repayment shall be an amount
30873087 3062equal to the commonwealth’s proportional contribution from this item to the cost of the
30883088 3063development through payments made by the state agency making the contract; provided, further, 140 of 181
30893089 3064that such repayment shall not be required if the executive office of housing and livable
30903090 3065communities, in consultation with the Massachusetts rehabilitation commission, determines that
30913091 3066relevant clients will be better served at an alternative property and the proceeds from the
30923092 3067disposition of the property will be used, to the extent necessary for replacement of the housing at
30933093 3068the property, for 1 or both of the following purposes: (A) to acquire such alternative property; or
30943094 3069(B) to rehabilitate such alternative property.
30953095 3070 SECTION 78. Clause (3) of said item 4000-8201 of said section 2E of said chapter 290 is
30963096 3071hereby amended by striking out the words “provided further, that the property shall not be
30973097 3072released from such restrictions until the balance of the principal and interest for the loan is repaid
30983098 3073in full or until a mortgage foreclosure deed is recorded” and inserting in place thereof the
30993099 3074following words:- provided further, that the property shall not be released from such restrictions
31003100 3075unless: (A) the balance of the principal and interest for the loan has been repaid in full; (B) a
31013101 3076mortgage foreclosure deed has been recorded; or (C) the executive office of housing and livable
31023102 3077communities has determined, pursuant to clause (2), that repayment to the commonwealth is not
31033103 3078required.
31043104 3079 SECTION 79. Clause (4) of said item 4000-8201 of said section 2E of said chapter 290 is
31053105 3080hereby amended by striking out the words “provided, however, that the project shall continue to
31063106 3081remain affordable housing for the duration of the loan term, as extended, as set forth in the
31073107 3082contract or agreement entered into by the department” and inserting in place thereof the
31083108 3083following words:- provided, however, that the project, whether at the original property, or at an
31093109 3084alternative property pursuant to clause (2), shall continue to remain affordable housing for the
31103110 3085duration of the loan term, as extended, as set forth in the contract or agreement entered into by
31113111 3086the executive office. 141 of 181
31123112 3087 SECTION 80. Said item 4000-8201 of said section 2E of said chapter 290 is hereby
31133113 3088further amended by striking out clauses (6) and (7).
31143114 3089 SECTION 81. Said item 4000-8201 of said section 2E of said chapter 290 is hereby
31153115 3090further amended by striking out the figure “(8)” and inserting in place thereof the following
31163116 3091figure:- (6).
31173117 3092 SECTION 82. Said item 4000-8201 of said section 2E of said chapter 290 is hereby
31183118 3093further amended by striking out the figure “(9)” and inserting in place thereof the following
31193119 3094figure:- (7).
31203120 3095 SECTION 83. Said item 4000-8201 of said section 2E of said chapter 290 is hereby
31213121 3096further amended by striking out the figure “(10)” and inserting in place thereof the following
31223122 3097figure:- (8).
31233123 3098 SECTION 84. Item 4000-8200 of said section 2E of said chapter 290, as amended by
31243124 3099section 20 of chapter 6 of the acts of 2005, is hereby further amended by striking out clause (2)
31253125 3100and inserting in place thereof the following clause:- (2) such loans shall be issued only when any
31263126 3101contract or agreement for the use of the property for such housing provides for repayment to the
31273127 3102commonwealth at the time of disposition of the property if such property will no longer be
31283128 3103subject to a recorded deed restriction pursuant to clause (3); provided, however, that such
31293129 3104repayment shall be an amount equal to the commonwealth’s proportional contribution from the
31303130 3105Facilities Consolidation Fund to the cost of the development through payments made by the state
31313131 3106agency making the contract; provided further, that such repayment shall not be required if the
31323132 3107executive office of housing and livable communities, in consultation with the department of
31333133 3108mental health and the department of developmental services, determines that relevant clients will 142 of 181
31343134 3109be better served at an alternative property and the proceeds from the disposition of the property
31353135 3110shall be used, to the extent necessary for replacement of the housing at the property to: (i)
31363136 3111acquire such alternative property; or (ii) rehabilitate such alternative property;.
31373137 3112 SECTION 85. Item 7004-7013 of said section 2E of said chapter 290, as amended by
31383138 3113section 21 of chapter 6 of the acts of 2005, is hereby further amended by inserting after the figure
31393139 3114“2002” the following words:- , as amended.
31403140 3115 SECTION 86. Section 5 of chapter 293 of the acts of 2006 is hereby amended by
31413141 3116inserting after the definition of “Economic development project” the following definition:-
31423142 3117 “Eligible housing increment”, a new residential unit that may either be a single-family
31433143 3118house or 1 dwelling unit in a building or development containing 2 or more dwelling units,
31443144 3119which dwelling units may be rental units or units in a condominium or cooperative, or a
31453145 3120combination of any of the foregoing, and that is created as part of an economic development
31463146 3121project and pursuant to an infrastructure development assistance agreement approved by the
31473147 3122secretary under this act.
31483148 3123 SECTION 87. Said section 5 of said chapter 293 is hereby further amended by striking
31493149 3124out the definition of “New revenue” and inserting in place thereof the following definition:-
31503150 3125 “New revenue”, revenue derived from a commercial or residential component of an
31513151 3126economic development project by the creation of any eligible new jobs or eligible housing
31523152 3127increments or by new economic activity that would otherwise not have taken place in the
31533153 3128commonwealth on said commercial component or on, or as a result of, said residential
31543154 3129component, as each may be more fully defined by any rules, regulations or guidelines
31553155 3130promulgated by the secretary or the commissioner. 143 of 181
31563156 3131 SECTION 88. The definition of “New state tax revenues” in said section 5 of said chapter
31573157 3132293 is hereby amended by inserting after the word “components” the following words:- or on
31583158 3133account of the residential components.
31593159 3134 SECTION 89. Said section 5 of said chapter 293, is hereby further amended by inserting
31603160 3135after the definition of “Public infrastructure improvements” the following definition:-
31613161 3136 “Residential component”, any component of an economic development project
31623162 3137comprising 1 or more eligible housing increments, as more fully described in, or determined in
31633163 3138accordance with, a certified economic development project.
31643164 3139 SECTION 90. Clause (iv) of subsection (a) of section 7 of said chapter 293 is hereby
31653165 3140amended by inserting after the words “each commercial” the following words:- or residential.
31663166 3141 SECTION 91. Said clause (iv) of said subsection (a) of said section 7 of said chapter 293
31673167 3142is hereby further amended by inserting after the words “all commercial” the following words:-
31683168 3143and residential.
31693169 3144 SECTION 92. Clause (i) of subsection (c) of said section 7 of said chapter 293 is hereby
31703170 3145amended by inserting after the word “commercial” the following words:- and residential.
31713171 3146 SECTION 93. Subsection (e) of said section 7 of said chapter 293, inserted by section 7
31723172 3147of chapter 129 of the acts of 2008, is hereby amended by inserting after the word “met” the
31733173 3148following words:- , and with respect to projects which include a residential component, shall give
31743174 3149priority to projects within any MBTA community as defined in section 1A of chapter 40A of the
31753175 3150General Laws; provided, that such MBTA community is in compliance with the requirements of
31763176 3151section 3A of said chapter 40A. 144 of 181
31773177 3152 SECTION 94. Subsection (a) of section 10 of said chapter 293, as amended by section 10
31783178 3153of said chapter 129, is hereby further amended by inserting after the words “the commercial” the
31793179 3154following words:- or residential.
31803180 3155 SECTION 95. Said subsection (a) of said section 10 of said chapter 293, as so amended,
31813181 3156is hereby further amended by inserting after the words “each commercial”, each time they
31823182 3157appear, the following words:- or residential.
31833183 3158 SECTION 96. Subsection (b) of said section 10 of said chapter 293, as amended by
31843184 3159section 11 of said chapter 129, is hereby further amended by inserting after the word
31853185 3160“commercial”, each time it appears, the following words:- or residential.
31863186 3161 SECTION 97. Subsection (c) of said section 10 of said chapter 293 is hereby amended by
31873187 3162inserting after the words “commercial components”, each time they appear, the following
31883188 3163words:- or residential components.
31893189 3164 SECTION 98. Item 7004-0029 of section 2 of chapter 119 of the acts of 2008 is hereby
31903190 3165amended by striking out clause (2) and inserting in place thereof the following clause:-
31913191 3166 (2) be issued only when a contract or agreement for the use of the property for such
31923192 3167housing provides for repayment to the commonwealth at the time of disposition of the property if
31933193 3168such property will no longer be subject to a recorded deed restriction pursuant to clause (3);
31943194 3169provided, however, that such repayment shall be in an amount equal to the commonwealth’s
31953195 3170proportional contribution from the Facilities Consolidation Fund to the cost of the development
31963196 3171through payments made by the state agency making the contract; provided, further, that such
31973197 3172repayment shall not be required if the executive office of housing and livable communities, in
31983198 3173consultation with the department of mental health and the department of developmental services, 145 of 181
31993199 3174determines that relevant clients will be better served at an alternative property and the proceeds
32003200 3175from the disposition of the property will be used, to the extent necessary for replacement of the
32013201 3176housing at the property, for 1 or both of the following purposes: (A) to acquire such alternative
32023202 3177property; or (B) to rehabilitate such alternative property.
32033203 3178 SECTION 99. Clause (3) of said item 7004-0029 of said section 2 of said chapter 119 is
32043204 3179hereby amended by striking out the words “provided, that the property shall not be released from
32053205 3180such restriction until the balance of the principal and interest for the loan has been repaid in full
32063206 3181or until a mortgage foreclosure deed has been recorded” and inserting in place thereof the
32073207 3182following words:- provided, that the property shall not be released from such restriction unless:
32083208 3183(i) the balance of the principal and interest for the loan has been repaid in full; (ii) a mortgage
32093209 3184foreclosure deed has been recorded; or (iii) the executive office of housing and livable
32103210 3185communities has determined, pursuant to clause (2), that repayment to the commonwealth is not
32113211 3186required.
32123212 3187 SECTION 100. Clause (4) of said item 7004-0029 of said section 2 of said chapter 119 is
32133213 3188hereby amended by striking out the words “provided, however, that the project shall remain
32143214 3189affordable housing for the duration of the loan term, including any extension thereof, as set forth
32153215 3190in the contract or agreement entered into by the department” and inserting in place thereof the
32163216 3191following words:- provided, however, that the project, whether at the original property, or at an
32173217 3192alternative property pursuant to clause (3), shall remain affordable housing for the duration of the
32183218 3193loan term, including any extension thereof, as set forth in the contract or agreement entered into
32193219 3194by the executive office. 146 of 181
32203220 3195 SECTION 101. Clause (5) of said item 7004-0029 of said section 2 of said chapter 119 is
32213221 3196hereby amended by striking out the following words:- provided further, that expenditures from
32223222 3197this item shall not be made for the purpose of refinancing outstanding mortgage loans for
32233223 3198community-based housing in existence prior to the effective date of this act; provided further,
32243224 3199that community-based housing projects developed pursuant to this item shall not be refinanced
32253225 3200during the term of any loan issued pursuant to this item unless the balance of the principal and
32263226 3201interest for such loan has been repaid in full at the time of such refinancing; provided further,
32273227 3202that the community-based housing projects may be refinanced if the refinancing would result in a
32283228 3203reduction of costs paid by the commonwealth; provided further, that a refinanced loan shall be
32293229 3204due and payable on a date not later than the date on which the original loan was due and payable,
32303230 3205except in accordance with clause (4) when necessary to effect extraordinary repairs or
32313231 3206maintenance which shall be approved by the commissioner of mental retardation or the
32323232 3207commissioner of mental health, as the case may be, and the department;.
32333233 3208 SECTION 102. Item 7004-0030 of said section 2 of said chapter 119 is hereby amended
32343234 3209by striking out clause (2) and inserting in place thereof the following clause:-
32353235 3210 (2) be issued only when a contract or agreement for the use of the property for the
32363236 3211purposes of such housing provides for repayment to the commonwealth at the time of disposition
32373237 3212of the property if such property will no longer be subject to a recorded deed restriction pursuant
32383238 3213to clause (3); provided, however, that such repayment shall be in an amount equal to the
32393239 3214commonwealth’s proportional contribution from community-based housing to the cost of the
32403240 3215development through payments made by the state agency making the contract; provided, further,
32413241 3216that such repayment shall not be required if the executive office of housing and livable
32423242 3217communities, in consultation with the Massachusetts rehabilitation commission, determines that 147 of 181
32433243 3218relevant clients will be better served at an alternative property and the proceeds from the
32443244 3219disposition of the property will be used, to the extent necessary for replacement of the housing at
32453245 3220the property, for 1 or both of the following purposes: (A) to acquire such alternative property; or
32463246 3221(B) to rehabilitate such alternative property;.
32473247 3222 SECTION 103. Clause (3) of said item 7004-0030 of said section 2 of said chapter 119 is
32483248 3223hereby amended by striking out the words “provided further, that the property shall not be
32493249 3224released from such restrictions until the balance of the principal and interest for the loan has been
32503250 3225repaid in full or until a mortgage foreclosure deed has been recorded” and inserting in place
32513251 3226thereof the following words:- provided further, that the property shall not be released from such
32523252 3227restrictions unless: (A) the balance of the principal and interest for the loan has been repaid in
32533253 3228full; (B) a mortgage foreclosure deed has been recorded; or (C) the executive office of housing
32543254 3229and livable communities has determined, pursuant to clause (2), that repayment to the
32553255 3230commonwealth is not required.
32563256 3231 SECTION 104. Clause (4) of said item 7004-0030 of said section 2 of said chapter 119 is
32573257 3232hereby amended by striking out the words “provided, however, that the project shall continue to
32583258 3233remain affordable housing for the duration of the loan term, including any extensions thereof, as
32593259 3234set forth in the contract or agreement entered into by the department” and inserting place thereof
32603260 3235the following words:- provided, however, that the project, whether at the original property, or at
32613261 3236an alternative property pursuant to clause (2), shall continue to remain affordable housing for the
32623262 3237duration of the loan term, including any extensions thereof, as set forth in the contract or
32633263 3238agreement entered into by the executive office. 148 of 181
32643264 3239 SECTION 105. Said item 7004-0030 of said section 2 of said chapter 119 is hereby
32653265 3240further amended by striking out clause (5) and inserting in place thereof the following clause:-
32663266 3241 (5) have interest rates fixed at a rate, to be determined by the executive office, in
32673267 3242consultation with the state treasurer; provided, that the loans shall be issued in accordance with
32683268 3243an enhancing community-based services plan prepared by the secretary of health and human
32693269 3244services, in consultation with the executive office and filed with the secretary for administration
32703270 3245and finance and the house and senate committees on ways and means and the joint committee on
32713271 3246housing; provided further, that no expenditure shall be made from this item without the prior
32723272 3247approval of the secretary for administration and finance; provided further, that the executive
32733273 3248office shall promulgate regulations pursuant to chapter 30A of the General Laws for the
32743274 3249implementation, administration and enforcement of this item, consistent with the enhancing
32753275 3250community-based services plan prepared by the secretary of health and human services after
32763276 3251consultation with the secretary and the commissioner of capital asset management and
32773277 3252maintenance.
32783278 3253 SECTION 106. Sections 30, 36 and 98 of chapter 238 of the acts of 2012 are hereby
32793279 3254repealed.
32803280 3255 SECTION 107. Item 7004-0040 of section 2 of chapter 129 of the acts of 2013 is hereby
32813281 3256amended by striking out clause (ii) and inserting in place thereof the following clause:-
32823282 3257 (ii) be issued only when a contract or agreement for the use of the property for such
32833283 3258housing provides for repayment to the commonwealth at the time of disposition of the property if
32843284 3259such property will no longer be subject to a recorded deed restriction pursuant to clause (iii);
32853285 3260provided, however, that such repayment shall be in an amount equal to the commonwealth’s 149 of 181
32863286 3261proportional contribution from the Facilities Consolidation Fund to the cost of the development
32873287 3262through payments made by the state agency making the contract; provided, further, that such
32883288 3263repayment shall not be required if the executive office of housing and livable communities, in
32893289 3264consultation with the department of mental health and the department of developmental services,
32903290 3265determines that relevant clients will be better served at an alternative property and the proceeds
32913291 3266from the disposition of the property will be used, to the extent necessary for replacement of the
32923292 3267housing at the property, for 1 or both of the following purposes: (A) to acquire such alternative
32933293 3268property; or (B) to rehabilitate such alternative property;.
32943294 3269 SECTION 108. Clause (iii) of said item 7004-0040 of said section 2 of said chapter 129
32953295 3270is hereby amended by striking out the words “provided, however, that the property shall not be
32963296 3271released from such restriction until the balance of the principal and interest for the loan has been
32973297 3272repaid in full or until a mortgage foreclosure deed has been recorded” and inserting in place
32983298 3273thereof the following words:- provided, however, that the property shall not be released from
32993299 3274such restriction unless: (A) the balance of the principal and interest for the loan has been repaid
33003300 3275in full; (B) a mortgage foreclosure deed has been recorded; or (C) the executive office of housing
33013301 3276and livable communities has determined, pursuant to clause (ii), that repayment to the
33023302 3277commonwealth is not required.
33033303 3278 SECTION 109. Clause (iv) of said item 7004-0040 of said section 2 of said chapter 129
33043304 3279is hereby amended by striking out, in clause (iv), the words “provided further, that the project
33053305 3280shall remain affordable housing for the duration of the loan term, including any extension
33063306 3281thereof, as set forth in the contract or agreement entered into by the department” and inserting in
33073307 3282place thereof the following words:- provided further, that the project, whether at the original
33083308 3283property, or at an alternative property pursuant to clause (ii), shall remain affordable housing for 150 of 181
33093309 3284the duration of the loan term, including any extension thereof, as set forth in the contract or
33103310 3285agreement entered into by the executive office.
33113311 3286 SECTION 110. Item 7004-0041 of said section 2 of said chapter 129 is hereby amended
33123312 3287by striking out clause (ii) and inserting in place thereof the following clause:-
33133313 3288 (ii) be issued only when a contract or agreement for the use of the property for the
33143314 3289purposes of such housing provides for repayment to the commonwealth at the time of disposition
33153315 3290of the property if such property will no longer be subject to a recorded deed restriction pursuant
33163316 3291to clause (iii); provided, however, that such repayment shall be in an amount equal to the
33173317 3292commonwealth’s proportional contribution from community-based housing to the cost of the
33183318 3293development through payments made by the state agency making the contract; provided, further,
33193319 3294that such repayment shall not be required if the executive office of housing and livable
33203320 3295communities, in consultation with the Massachusetts rehabilitation commission, determines that
33213321 3296relevant clients will be better served at an alternative property and the proceeds from the
33223322 3297disposition of the property will be used, to the extent necessary for replacement of the housing at
33233323 3298the property, for 1 or both of the following purposes: (A) to acquire such alternative property; or
33243324 3299(B) to rehabilitate such alternative property;.
33253325 3300 SECTION 111. Clause (iii) of said item 7004-0041 of said section 2 of said chapter 129
33263326 3301is hereby amended by striking out the words “provided, however, that the property shall not be
33273327 3302released from such restrictions until the balance of the principal and interest for the loan has been
33283328 3303repaid in full or until a mortgage foreclosure deed has been recorded” and inserting in place
33293329 3304thereof the following words:- provided however, that the property shall not be released from
33303330 3305such restrictions unless: (A) the balance of the principal and interest for the loan has been repaid 151 of 181
33313331 3306in full; (B) a mortgage foreclosure deed has been recorded; or (C) the executive office of housing
33323332 3307and livable communities has determined, pursuant to clause (ii), that repayment to the
33333333 3308commonwealth is not required.
33343334 3309 SECTION 112. Clause (iv) of said item 7004-0041 of said section 2 of said chapter 129
33353335 3310is hereby amended by striking out the words “provided, however, that the project shall continue
33363336 3311to remain affordable housing for the duration of the loan term, including any extensions thereof,
33373337 3312as set forth in the contract or agreement entered into by the department” and inserting place
33383338 3313thereof the following words:- provided, however, that the project, whether at the original
33393339 3314property, or at an alternative property pursuant to clause (ii), shall continue to remain affordable
33403340 3315housing for the duration of the loan term, including any extensions thereof, as set forth in the
33413341 3316contract or agreement entered into by the executive office.
33423342 3317 SECTION 113. Item 7004-0050 of section 2 of chapter 99 of the acts of 2018 is hereby
33433343 3318amended by striking out clause (ii) and inserting in place thereof the following clause:-
33443344 3319 (ii) not be issued unless a contract or agreement for the use of the property for such
33453345 3320housing provides for repayment to the commonwealth at the time of disposition of the property if
33463346 3321such property will no longer be subject to a recorded deed restriction pursuant to clause (iii);
33473347 3322provided, however, that such repayment shall be in an amount equal to the commonwealth’s
33483348 3323proportional contribution from the Facilities Consolidation Fund to the cost of the development
33493349 3324through payments made by the state agency making the contract; provided, further, that such
33503350 3325repayment shall not be required if the executive office of housing and livable communities, in
33513351 3326consultation with the department of mental health and the department of developmental services,
33523352 3327determines that relevant clients will be better served at an alternative property and the proceeds 152 of 181
33533353 3328from the disposition of the property will be used, to the extent necessary for replacement of the
33543354 3329housing at the property, for 1 or both of the following purposes: (A) to acquire such alternative
33553355 3330property; or (B) to rehabilitate such alternative property.
33563356 3331 SECTION 114. Said item 7004-0050 of said section 2 of said chapter 99 is hereby further
33573357 3332amended by striking out the words “until the balance of the principal and interest for the loan has
33583358 3333been repaid in full or until a mortgage foreclosure deed has been recorded” and inserting in place
33593359 3334thereof the following words:- unless: (A) the balance of the principal and interest for the loan has
33603360 3335been repaid in full; (B) a mortgage foreclosure deed has been recorded; or (C) the executive
33613361 3336office of housing and livable communities has determined, pursuant to clause (ii) of this item,
33623362 3337that repayment to the commonwealth is not required.
33633363 3338 SECTION 115. Said item 7004-0050 of said section 2 of said chapter 99 is hereby further
33643364 3339amended by striking out the words “shall remain affordable housing for the duration of the loan
33653365 3340term, including any extension thereof, as set forth in the contract or agreement entered into by
33663366 3341the department” and inserting in place thereof the following words:-, whether at the original
33673367 3342property, or at an alternative property pursuant to clause (ii), shall remain affordable housing for
33683368 3343the duration of the loan term, including any extension thereof, as set forth in the contract or
33693369 3344agreement entered into by the executive office.
33703370 3345 SECTION 116. Item 7004-0051 of said section 2 of said chapter 99 is hereby amended
33713371 3346by striking out clause (ii) and inserting in place thereof the following clause:-
33723372 3347 (ii) not be issued unless a contract or agreement for the use of the property for the
33733373 3348purposes of such housing provides for repayment to the commonwealth at the time of disposition
33743374 3349of the property if such property will no longer be subject to a recorded deed restriction pursuant 153 of 181
33753375 3350to clause (iii); provided, however, that such repayment shall be in an amount equal to the
33763376 3351commonwealth’s proportional contribution from community-based housing to the cost of the
33773377 3352development through payments made by the state agency making the contract; provided, further,
33783378 3353that such repayment shall not be required if the executive office of housing and livable
33793379 3354communities, in consultation with the Massachusetts rehabilitation commission, determines that
33803380 3355relevant clients will be better served at an alternative property and the proceeds from the
33813381 3356disposition of the property will be used, to the extent necessary for replacement of the housing at
33823382 3357the property, for 1 or both of the following purposes: (A) to acquire such alternative property; or
33833383 3358(B) to rehabilitate such alternative property;.
33843384 3359 SECTION 117. Said item 7004-0051 of said section 2 of said chapter 99 is hereby further
33853385 3360amended by striking out the words “until the balance of the principal and interest for the loan has
33863386 3361been repaid in full or until a mortgage foreclosure deed has been recorded” and inserting in place
33873387 3362thereof the following words:- unless: (A) the balance of the principal and interest for the loan has
33883388 3363been repaid in full; (B) a mortgage foreclosure deed has been recorded; or (C) the executive
33893389 3364office of housing and livable communities has determined, pursuant to clause (ii), that repayment
33903390 3365to the commonwealth is not required.
33913391 3366 SECTION 118. Said item 7004-0051 of said section 2 of said chapter 99 is hereby further
33923392 3367amended by striking out the words “shall continue to remain affordable housing for the duration
33933393 3368of the loan term, including any extensions thereof, as set forth in the contract or agreement
33943394 3369entered into by the department” and inserting place thereof the following words:-, whether at the
33953395 3370original property, or at an alternative property pursuant to clause (ii), shall continue to remain
33963396 3371affordable housing for the duration of the loan term, including any extensions thereof, as set
33973397 3372forth in the contract or agreement entered into by the executive office. 154 of 181
33983398 3373 SECTION 119. (a) For the purposes of this section, the following words shall, unless the
33993399 3374context clearly requires otherwise, have the following meanings:
34003400 3375 “Development cost”, an expenditure directly related to the construction or substantial
34013401 3376rehabilitation of a municipal conversion project, including the cost of site assessment and
34023402 3377remediation of hazardous materials, but excluding the purchase of the property.
34033403 3378 “Executive office”, the executive office of housing and livable communities.
34043404 3379 “Substantial rehabilitation”, the necessary major redevelopment, repair and renovation of
34053405 3380a property, including, but not limited to, site assessment and remediation of hazardous materials,
34063406 3381but excluding the purchase of the property, as determined by the executive office.
34073407 3382 (b) The executive office shall establish a municipal conversion project competitive grant
34083408 3383program for municipalities to apply for grants to assist with the development costs of converting
34093409 3384commercial property into residential housing, including, but not limited to, commercial buildings
34103410 3385located on main streets or in downtown municipal areas, commercial centers and office parks.
34113411 3386 (c)(1) A municipality may apply to the executive office for funds for the development
34123412 3387costs of capital projects to convert commercial properties.
34133413 3388 (2) The executive office shall determine the criteria for the award of grants to
34143414 3389municipalities pursuant to subsection (b), including, but not limited to, criteria for: (i) the
34153415 3390substantial rehabilitation to convert a building for primary multi-unit residential use; (ii) the
34163416 3391amount of market rate units, upon completion of the conversion, to be sold or leased; and (iii)
34173417 3392additional factors to be considered, including, but not limited to: (A) proximity to transportation
34183418 3393and transit; and (B) parking, if applicable. 155 of 181
34193419 3394 (3) The executive office shall review applications from a municipality for a grant for the
34203420 3395development costs of municipal conversion projects, on a form prescribed by the executive
34213421 3396office.
34223422 3397 (d) The executive office shall promulgate rules or regulations for administering the grant
34233423 3398program, including, but not limited to, regulations pertaining to: (i) criteria pursuant to paragraph
34243424 3399(2) of subsection (c); (ii) the amounts of each award of funds to a municipality; (iii) the use of
34253425 3400funds for conversion projects; (iv) the eligibility of developers to conduct such projects; and (v)
34263426 3401the revocation of a grant for an uncompleted project.
34273427 3402 (e) Annually, not later than December 1, the executive office shall report to the clerks of
34283428 3403the house of representatives and the senate, the house and senate committees on ways and means,
34293429 3404the joint committee on housing and the joint committee on bonding, capital expenditures and
34303430 3405state assets on amounts awarded to municipalities for qualified projects pursuant to subsection
34313431 3406(b), delineated by municipality and including for each qualified project, the total grant amount, a
34323432 3407description of the project and the status of the project.
34333433 3408 SECTION 120. Notwithstanding any general or special law, rule or regulation to the
34343434 3409contrary, the architectural access board established in section 13A of chapter 22 of the General
34353435 3410Laws shall determine the value of any multiple dwelling as defined in 521 CMR 5.00 that is
34363436 3411owned, constructed or renovated by a housing authority as defined in section 1 of chapter 121B
34373437 3412of the General Laws by setting a replacement cost that is determined by and reflected in the
34383438 3413executive office of housing and livable communities’ Capital Planning System survey and
34393439 3414database for state-funded public housing. For such dwellings that are not included in the survey
34403440 3415and database, the replacement cost shall be calculated by the executive office based on the 156 of 181
34413441 3416replacement cost for comparable dwellings that are included in the survey and database. The
34423442 3417executive office shall supplement the survey and database on file with the architectural access
34433443 3418board for any such dwelling by preparing and filing documentation identifying the replacement
34443444 3419cost for the dwelling and the method by which it was calculated.
34453445 3420 SECTION 121. (a) As used in this section and sections 122 and 123, the following words
34463446 3421shall have the following meanings unless the context clearly requires otherwise:
34473447 3422 “Affordable housing purposes”, development of multi-family housing, of which either: (i)
34483448 3423not less than 25 per cent shall be affordable to households with incomes at or below 80 per cent
34493449 3424of the area median income, adjusted for household size; or (ii) not less than 20 per cent shall be
34503450 3425affordable to households with incomes at or below 50 per cent of the area median income,
34513451 3426adjusted for household size; provided, that affordable housing purposes may include subsequent
34523452 3427conveyance by a public agency, as defined in section 1 of chapter 7C of the General Laws, other
34533453 3428than a state agency, with a restriction for affordable housing purposes.
34543454 3429 “Commissioner”, the commissioner of capital asset management and maintenance.
34553455 3430 “Housing purposes”, development of housing for use as the primary residence of the
34563456 3431occupant including, but not limited to, market rate housing, affordable housing and public
34573457 3432housing; provided, however, that housing purposes may include subsequent conveyance by a
34583458 3433public agency, other than a state agency, with a restriction for housing purposes; provided
34593459 3434further, that housing purposes shall include affordable housing purposes.
34603460 3435 “Public agency”, as defined in section 1 of chapter 7C of the General Laws; provided,
34613461 3436however, that “public agency” shall include the Massachusetts Department of Transportation, the
34623462 3437Massachusetts Bay Transportation Authority and the University of Massachusetts Building 157 of 181
34633463 3438Authority; provided further, that “public agency” shall not include cities, towns or counties or
34643464 3439any boards, committees, commissions or other instrumentalities thereof, or any agency that is a
34653465 3440state agency as defined in said section 1 of said chapter 7C.
34663466 3441 “Public institution of higher education”, as defined in section 5 of chapter 15A of the
34673467 3442General Laws.
34683468 3443 “Real property”, as defined in said section 1 of chapter 7C of the General Laws.
34693469 3444 “Real property of the commonwealth”, real property of a state agency consistent with
34703470 3445chapter 7C of the General Laws.
34713471 3446 “Secretary”, the secretary for administration and finance.
34723472 3447 “State agency”, as defined in section 1 of chapter 7C of the General Laws; provided,
34733473 3448however, that “state agency” shall not include counties.
34743474 3449 “Surplus real property”, (i) real property of the commonwealth that has been determined
34753475 3450by the commissioner to be surplus: (A) to the current and foreseeable needs of the
34763476 3451commonwealth pursuant to clause (i) of paragraph (2) of subsection (b); or (B) to the current and
34773477 3452foreseeable needs of a state agency pursuant to section 33 or 34 of chapter 7C of the General
34783478 3453Laws; or (ii) real property of a public agency to be surplus to the current and foreseeable needs
34793479 3454of the public agency, as determined by the public agency; provided, however, that “surplus real
34803480 3455property” shall not include property subject to Article XCVII of the Amendments to the
34813481 3456Constitution of the Commonwealth. 158 of 181
34823482 3457 (b)(1) Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the General Laws or
34833483 3458any other general or special law to the contrary, the commissioner may sell, lease for a term not
34843484 3459to exceed 99 years, transfer or otherwise dispose of surplus real property for housing purposes.
34853485 3460 (2)(i) The commissioner may, in consultation with the secretary and the secretary of
34863486 3461housing and livable communities, determine whether real property of the commonwealth is
34873487 3462surplus real property and shall be disposed of for housing purposes; provided, however, that prior
34883488 3463to determining that the real property is surplus real property, the commissioner shall provide a
34893489 3464suitable written notice and inquiry to the state agency with care and control of the real property
34903490 3465with a date certain required for any response. If no written response is timely received from the
34913491 3466state agency specifying a current or foreseeable need for the real property, the commissioner
34923492 3467shall declare such real property as surplus real property and dispose of such surplus real property
34933493 3468for housing purposes. If a written response is timely received from the state agency specifying a
34943494 3469current or foreseeable need for the real property, the commissioner shall, in consultation with the
34953495 3470secretary, the secretary of housing and livable communities and such state agency, determine
34963496 3471whether the real property shall be declared surplus real property and disposed of for housing
34973497 3472purposes.
34983498 3473 (ii) Notwithstanding sections 32 to 37, inclusive, of said chapter 7C or any other general
34993499 3474or special law to the contrary, if any real property of the commonwealth is determined to be
35003500 3475surplus to the current needs, but not to the foreseeable needs, of any state agency, the
35013501 3476commissioner shall take such necessary action to ensure that any disposition of the real property
35023502 3477is temporary and maintains the commissioner’s ability to make such real property available to a
35033503 3478state agency as needed. 159 of 181
35043504 3479 (iii) Notwithstanding sections 32 to 37, inclusive, of said chapter 7C or any other general
35053505 3480or special law to the contrary, the commissioner may, in consultation with the secretary and the
35063506 3481secretary of housing and livable communities, make real property of the commonwealth that has
35073507 3482been determined to be surplus to the current needs, but not the foreseeable needs, of any state
35083508 3483agency available for a period of time not to exceed the foreseeable need of any state agency for
35093509 3484housing and related purposes to municipalities, public agencies and nonprofit organizations for
35103510 3485nominal consideration.
35113511 3486 (3) The president of a public institution of higher education may, with the approval of the
35123512 3487commissioner of higher education, determine that property of any such public institution of
35133513 3488higher education is surplus to the current and foreseeable needs of such institution and the
35143514 3489commissioner may dispose of such property for housing purposes, provided that the institution’s
35153515 3490board of trustees does not disapprove of such determination within 60 days after the president’s
35163516 3491determination.
35173517 3492 (4)(i) The governor may identify parcels of land owned or controlled by a public agency
35183518 3493and any buildings or improvements thereon as potential surplus real property by submitting a
35193519 3494written notice to the public agency. Not later than 30 days after receipt of the notice, the public
35203520 3495agency shall determine whether such real property is surplus to its current and foreseeable needs.
35213521 3496If the public agency determines that the real property is not surplus to its current and foreseeable
35223522 3497needs, such public agency shall respond in writing not later than 30 days after receipt of a request
35233523 3498by the governor, specifying the reason for its determination.
35243524 3499 (ii) The commissioner may, in consultation with the secretary and the secretary of
35253525 3500housing and livable communities, enter into agreements with a public agency to dispose of 160 of 181
35263526 3501surplus real property of the public agency for housing purposes; provided, however, that the
35273527 3502commissioner shall not be required to determine if the real property of the public agency is
35283528 3503surplus to the current and foreseeable needs of the commonwealth and shall not be required to
35293529 3504provide written notice and inquiry to any public agency.
35303530 3505 (c) Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the General Laws or
35313531 3506any other general or special law to the contrary, the commissioner may amend a use restriction
35323532 3507held by the commonwealth for general municipal purposes or for any other purpose, except those
35333533 3508purposes subject to Article XCVII of the Amendments to the Constitution of the Commonwealth,
35343534 3509including housing purposes.
35353535 3510 (d)(1) Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the General Laws or
35363536 3511any other general or special law to the contrary, if the commissioner, in consultation with the
35373537 3512secretary and the secretary of housing and livable communities, determines that real property is
35383538 3513surplus real property pursuant to clause (i) of paragraph (2) of subsection (b) or the
35393539 3514commissioner enters into an agreement with a public agency pursuant to clause (ii) of paragraph
35403540 3515(4) of said subsection (b), the commissioner shall: (i) provide written notice, for each city or
35413541 3516town in which the property is located, to the city manager in the case of a city under Plan E form
35423542 3517of government, the mayor and city council in the case of all other cities, the chair of the board of
35433543 3518selectmen or the select board in the case of a town, the county commissioners, the chair of the
35443544 3519zoning board of appeals, the chair of the planning board, the regional planning agency and the
35453545 3520members of the general court representing the city or town in which the property is located. The
35463546 3521notice shall include a statement that the proposed reuse of the property is for housing purposes,
35473547 3522with a date certain for any response which shall be not less than 30 days from the date of such
35483548 3523notice; (ii) following the date certain set forth in the notice, declare the real property available for 161 of 181
35493549 3524disposition and identify all reuse restrictions including, but not limited to, a restriction for
35503550 3525housing purposes; and (iii) ensure that any deed, lease or other disposition agreement shall: (A)
35513551 3526set forth all reuse restrictions including, but not limited to, a restriction for housing purposes; (B)
35523552 3527provide for effective remedies on behalf of the commonwealth; and (C) provide, in the event of a
35533553 3528failure to comply with the reuse restrictions by the grantee, lessee or other recipient, that title or
35543554 3529such lesser interest that may have been conveyed may revert to the commonwealth. The
35553555 3530commissioner shall, in identifying reuse restrictions for such property, consider in good faith any
35563556 3531comments presented by local officials and members of the general court representing each city or
35573557 3532town in which the property is located.
35583558 3533 (2) The commissioner shall, in consultation with the secretary of housing and livable
35593559 3534communities, dispose of surplus real property: (i) by utilizing appropriate competitive processes
35603560 3535and procedures; or (ii) through a sales-partnership agreement with the municipality wherein said
35613561 3536real property is located; provided, however, that the sales-partnership agreement shall require the
35623562 3537municipality to utilize appropriate competitive processes and procedures; provided further, that
35633563 3538the sales-partnership agreement may require the municipality to utilize said competitive
35643564 3539processes and select a developer prior to disposition of the real property; provided further, that
35653565 3540the commissioner may transfer the real property directly to the selected developer pursuant to the
35663566 3541sale-partnership agreement; and provided further, that the sales-partnership agreement may
35673567 3542provide for payment to the municipality in an amount not to exceed 50 per cent of the net sales
35683568 3543price paid to the commonwealth, as determined by the commissioner. A competitive process
35693569 3544pursuant to clause (i) may include, but shall not be limited to, absolute auction, sealed bids and
35703570 3545requests for price and development proposals. The commissioner may accept any consideration
35713571 3546for surplus real property disposed of pursuant to this section deemed appropriate by the 162 of 181
35723572 3547commissioner and the secretary of housing and livable communities. The commissioner shall
35733573 3548prioritize disposition of surplus real property for affordable housing purposes.
35743574 3549 (3) Not less than 30 days before the date of an auction or the date on which bids or
35753575 3550proposals or other offers to purchase or lease surplus real property are due, the commissioner
35763576 3551shall place a notice in the central register published by the state secretary pursuant to section 20A
35773577 3552of chapter 9 of the General Laws stating the availability of such property, the nature of the
35783578 3553competitive process and other information deemed relevant, including the time and location of
35793579 3554the auction, the submission of bids or proposals and the opening thereof. The commissioner shall
35803580 3555not be required to place said notice if the property is conveyed: (i) to a municipality or developer
35813581 3556selected by a municipality in accordance with paragraph (2); or (ii) for nominal consideration in
35823582 3557accordance with clause (i) of paragraph (2) of subsection (e).
35833583 3558 (4) All surplus real property conveyed pursuant to this section shall be conveyed with a
35843584 3559restriction for housing purposes. The deed or other instrument conveying the surplus real
35853585 3560property shall provide that said real property shall be used for housing purposes.
35863586 3561 (5) The commissioner shall place a notice in the central register identifying the
35873587 3562municipality, public agency, individual or firm selected as party to the real property transaction,
35883588 3563along with the amount of such transaction. If the commissioner accepts an amount below the
35893589 3564value calculated pursuant to paragraph (1) of subsection (e), the commissioner shall include the
35903590 3565justification therefor, specifying the difference between the calculated value and the price
35913591 3566received.
35923592 3567 (e)(1) The commissioner shall establish the value of surplus real property using
35933593 3568customarily accepted appraisal methodologies. The value shall be calculated for: (i) the highest 163 of 181
35943594 3569and best use of the property as may be encumbered; and (ii) subject to uses, restrictions and
35953595 3570encumbrances defined by the commissioner. If the commonwealth retains responsibility for
35963596 3571maintaining the property, the terms shall not provide for payment of less than the annual
35973597 3572maintenance costs.
35983598 3573 (2)(i) Notwithstanding paragraph (1), the commissioner may, in consultation with the
35993599 3574secretary and the secretary of housing and livable communities, dispose of surplus real property
36003600 3575for nominal consideration; provided, however, that any such surplus real property shall be
36013601 3576conveyed with a restriction for affordable housing purposes. The deed or other instrument
36023602 3577conveying the surplus real property shall provide that the property shall be used solely for
36033603 3578affordable housing purposes and may include a reversionary clause that stipulates that if the
36043604 3579parcel ceases at any time to be used for affordable housing purposes, title to the parcel shall, at
36053605 3580the election of the commonwealth, revert to the commonwealth.
36063606 3581 (ii) Notwithstanding any time limits established in section 7 of chapter 184A of the
36073607 3582General Laws or any general or special law to the contrary, the reversionary clause may be
36083608 3583enforceable.
36093609 3584 (iii) The commissioner may, in consultation with the secretary and the secretary of
36103610 3585housing and livable communities, amend a use restriction held by the commonwealth to include
36113611 3586housing purposes.
36123612 3587 (f) Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the General Laws or
36133613 3588any other general or special law to the contrary, the commissioner may, in consultation with the
36143614 3589secretary, the secretary of housing and livable communities and the state agency with care and 164 of 181
36153615 3590control of real property, transfer care and control of real property between state agencies for
36163616 3591housing purposes.
36173617 3592 (g)(1) No agreement for the sale, lease, transfer or other disposition of surplus real
36183618 3593property and no deed executed by or on behalf of the commonwealth shall be valid unless such
36193619 3594agreement or deed contains the following certification, signed by the commissioner:
36203620 3595 “The undersigned certifies under penalties of perjury that I have fully complied with the
36213621 3596Affordable Homes Act of 2024 in connection with the property described herein.”
36223622 3597 (2) No agreement for the sale, lease, transfer or other disposition of surplus real property
36233623 3598shall be valid unless the purchaser or lessee has executed and filed with the commissioner the
36243624 3599statement required by section 38 of chapter 7C of the General Laws.
36253625 3600 (h) The grantee or lessee of any surplus real property shall be responsible for all costs
36263626 3601relating to the conveyance, including, but not limited to, appraisals, surveys, plans, recordings
36273627 3602and any other expenses, as shall be deemed necessary by the commissioner.
36283628 3603 (i) The commissioner shall deposit the proceeds from any disposition of real property
36293629 3604pursuant to this section into the surplus real property disposition fund established in section 123.
36303630 3605 (j) The commissioner may, in consultation with the secretary of housing and livable
36313631 3606communities, promulgate regulations to implement this section.
36323632 3607 SECTION 122. (a) Notwithstanding chapter 40A of the General Laws or any other
36333633 3608general or special law or local zoning or municipal ordinance or by-law to the contrary, a city or
36343634 3609town shall permit the residential use of real property conveyed by the commissioner pursuant to
36353635 3610section 121 for housing purposes as of right, as defined in section 1A of said chapter 40A, 165 of 181
36363636 3611notwithstanding any use limitations otherwise applicable in the zoning district in which the real
36373637 3612property is located including, but not limited to, commercial, mixed-use development or
36383638 3613industrial uses. A city or town may impose reasonable regulations concerning the bulk and
36393639 3614height of structures and determining yard sizes, lot area, setbacks, open space and building
36403640 3615coverage requirements and a city or town may require site plan review; provided however, that
36413641 3616the city or town shall permit not less than 4 units of housing per acre.
36423642 3617 (b) Real property conveyed by the commissioner pursuant to section 121 shall include,
36433643 3618but not be limited to, the amendment of use restrictions held by the commonwealth to allow for
36443644 3619the use of such real property for housing purposes.
36453645 3620 (c) The secretary of housing and livable communities may promulgate regulations to
36463646 3621implement this section.
36473647 3622 SECTION 123. (a) There is hereby established a Surplus Real Property Disposition Trust
36483648 3623Fund to be administered by the secretary for administration and finance.
36493649 3624 (b) The fund shall be credited with: (i) the proceeds realized from the disposition of
36503650 3625surplus real property and the amendment of use restrictions pursuant to section 121; (ii) any
36513651 3626appropriation, grant, gift or other contribution made to the fund; and (iii) any interest earned on
36523652 3627money in the fund. Amounts credited to the fund shall not be subject to further appropriation and
36533653 3628any money remaining in the fund at the end of a fiscal year shall not revert to the General Fund
36543654 3629and shall be available for expenditure in the subsequent fiscal year.
36553655 3630 (c) Amounts credited to the fund may be: (i) transferred by the secretary to the state
36563656 3631agency that had care and control of the land conveyed pursuant to section 121 if the real property
36573657 3632was conveyed for fair market value consideration in an amount equal to the net proceeds of the 166 of 181
36583658 3633disposition; (ii) transferred by the secretary to the state agency that had care and control of the
36593659 3634real property conveyed pursuant to section 121 if the real property was conveyed for
36603660 3635consideration less than fair market value in an amount equal to $10,000 per unit of housing
36613661 3636permitted by the city or town in which the real property is located or the net proceeds of the
36623662 3637disposition, whichever is greater; (iii) transferred by the secretary to a municipality in accordance
36633663 3638with a sales partnership agreement pursuant to section 121; or (iv) expended for costs associated
36643664 3639with the disposition of real property pursuant to section 121 including, but not limited to,
36653665 3640demolition, site preparation and environmental remediation; provided, that all money transferred
36663666 3641to a state agency pursuant to clauses (i) and (ii) shall be expended by the agency for capital
36673667 3642facility projects as defined in section 1 of chapter 7C of the General Laws; provided further, that
36683668 3643all net proceeds from the disposition of surplus real property of a public agency other than a state
36693669 3644agency, as determined by the commissioner of capital asset management and maintenance, shall
36703670 3645be transferred to such public agency.
36713671 3646 SECTION 124. (a) Notwithstanding any general or special law to the contrary, not later
36723672 3647than 120 days after the expiration of affordability restrictions on housing units assisted under
36733673 3648items 7004-0070 and 7004-0071 of section 2, the executive office of housing and livable
36743674 3649communities or its assignee, who shall be a qualified developer selected pursuant to the terms of
36753675 3650said items 7004-0700 and 7004-0071 under the guidelines of the executive office, shall have an
36763676 3651option to purchase any such housing units at their current appraised value, reduced by any
36773677 3652remaining obligation of the owner, upon the expiration of the affordability restrictions. The
36783678 3653executive office or its assignee shall only purchase or acquire such housing units to preserve or
36793679 3654provide affordable housing. The executive office or its assignee shall hold such purchase option
36803680 3655for the first 120 days after the expiration of the affordability restrictions. Failure to exercise the 167 of 181
36813681 3656purchase option within 120 days after the expiration of the affordability restriction shall
36823682 3657constitute a waiver of the purchase option by the executive office or its assignee.
36833683 3658 (b) Not later than 30 days after the expiration of an affordability restriction pursuant to
36843684 3659subsection (a), the owner and the executive office shall each designate a professional in the field
36853685 3660of multi-unit residential housing. Each professional shall select an impartial appraiser. Not later
36863686 3661than 60 days after the expiration of the affordability restriction, the 2 impartial appraisers shall
36873687 3662determine the current appraised value in accordance with recognized professional standards. If
36883688 3663there is a difference in the valuations, the valuations shall be added together and divided by 2 to
36893689 3664determine the current appraised value of the units.
36903690 3665 (c) No sale, transfer or other disposition of the property shall be completed until either the
36913691 3666purchase option period has expired or the owner has been notified, in writing, by the executive
36923692 3667office or its assignee that the option will not be exercised. The option shall be exercised only by
36933693 3668written notice signed by a designated representative of the executive office or its assignee, sent to
36943694 3669the owner by certified mail at the address specified in the notice of intention and recorded with
36953695 3670the registry of deeds or the registry district of the land court of the county in which the affected
36963696 3671real property is located, within the option period. If the purchase option has been assigned to a
36973697 3672qualified developer selected pursuant to said items 7004-0070 and 7004-7071 of said section 2,
36983698 3673the written notice shall state the name and address of the developer and the terms and conditions
36993699 3674of the assignment.
37003700 3675 (d) Before any sale, transfer or other disposition of property for which the executive
37013701 3676office has not previously exercised an option to purchase, an owner shall offer the executive
37023702 3677office or its assignee, who shall be a qualified developer selected pursuant to said items 7004- 168 of 181
37033703 36780070 and 7004-0071 of said section 2, a first refusal option to meet a bona fide offer to purchase
37043704 3679the units. The owner shall provide to the executive office or its assignee written notice by regular
37053705 3680and certified mail, return receipt requested, of the owner’s intention to sell, transfer or otherwise
37063706 3681dispose of the property. The executive office or its assignee shall hold the first refusal option for
37073707 3682the first 120 days after receipt of the owner’s written notice of intent to transfer the property.
37083708 3683Failure to respond to the written notice of intent to sell, transfer or otherwise dispose of the
37093709 3684property within the 120-day period shall constitute a waiver of the right of first refusal by the
37103710 3685executive office. No sale, transfer or other disposition of the property shall be completed until
37113711 3686either the first refusal option period has expired or the owner has been notified in writing by the
37123712 3687executive office or its assignee that the option will not be exercised. The option shall be
37133713 3688exercised only by written notice signed by a designated representative of the executive office or
37143714 3689its assignee, sent to the owner by certified mail at the address specified in the notice of intention
37153715 3690and recorded with the registry of deeds or the registry district of the land court of the county in
37163716 3691which the affected real property is located, within the option period. If the first refusal option has
37173717 3692been assigned to a qualified developer selected pursuant to said items 7004-0070 and 7004-0071
37183718 3693of said section 2, the written notice shall state the name and address of the developer and the
37193719 3694terms and conditions of the assignment.
37203720 3695 (e) An affidavit before a notary public that the notice of intent was mailed on behalf of an
37213721 3696owner shall conclusively establish the manner and time of the giving of notice to sell, transfer or
37223722 3697otherwise dispose of the property. The affidavit and notice that the option shall not be exercised
37233723 3698shall be recorded with the registry of deeds or the registry district of the land court in the county
37243724 3699in which the affected real property is located. Each notice of intention, notice of exercise of the
37253725 3700purchase option or first refusal option and notice that the purchase option or first refusal option 169 of 181
37263726 3701shall not be exercised shall contain the name of the recorded owner of the property and a
37273727 3702reasonable description of the property to be sold or converted. Each affidavit signed before a
37283728 3703notary public shall have attached to it a copy of the notice of intention to which it relates. The
37293729 3704notices of intention shall be mailed to the relevant parties in the care of the keeper of the records
37303730 3705for the party in question. Upon notifying the owner in writing of its intention to exercise its
37313731 3706purchase option or first refusal option during the 120-day period, the executive office or its
37323732 3707assignee shall have an additional 120 days, beginning on the date the purchase option period or
37333733 3708first refusal option period expires, to purchase the units. The time periods may be extended by
37343734 3709mutual agreement between the executive office or its assignee and the owner of the property.
37353735 3710Any extension agreed upon shall be recorded in the registry of deeds or the registry district of the
37363736 3711land court of the county in which the affected real property is located. Within a reasonable time
37373737 3712after requesting an extension, the owner shall make available to the executive office or its
37383738 3713assignee any information that is reasonably necessary for the executive office to exercise its
37393739 3714option.
37403740 3715 SECTION 125. Notwithstanding any general or special law to the contrary, a private
37413741 3716entity engaged in a construction, development, renovation, remodeling, reconstruction,
37423742 3717rehabilitation or redevelopment project receiving funds pursuant to this act shall properly classify
37433743 3718individuals employed on the project and shall comply with all laws concerning workers’
37443744 3719compensation insurance coverage, unemployment insurance, social security taxes and income
37453745 3720taxes with respect to all such employees. All construction contractors engaged by a private entity
37463746 3721on any such project shall furnish documentation to the appointing authority showing that all
37473747 3722employees employed on the project have hospitalization and medical benefits that meet the 170 of 181
37483748 3723minimum requirements of the commonwealth health insurance connector established in chapter
37493749 3724176Q of the General Laws.
37503750 3725 SECTION 126. (a) Notwithstanding any general or special law to the contrary, there shall
37513751 3726be a special commission to study and make recommendations on creating affordable and healthy
37523752 3727senior housing. The commission’s recommendations shall include, but not be limited to,
37533753 3728strategies to better align housing, homecare and healthcare policy and programs to increase
37543754 3729access and opportunity for residents to age in their community, including examining the benefit
37553755 3730of providing incentives to young families to house elder adult family members to limit loneliness
37563756 3731in adult populations, assist young families and limit the overall cost to the commonwealth.
37573757 3732 (b) The commission shall consist of: the secretary of housing and livable communities or
37583758 3733a designee, who shall serve as chair; the secretary of health and human services or a designee;
37593759 3734the secretary of elder affairs or a designee; the chairs of the joint committee on elder affairs or
37603760 3735their designees; the chairs of the joint committee on housing or their designees; 1 member
37613761 3736appointed by the minority leader of the house of representatives; 1 member appointed by the
37623762 3737minority leader of the senate; 1 member appointed by the secretary of housing and livable
37633763 3738communities who shall represent an affordable housing financing agency; 1 member
37643764 3739representing Citizens Housing and Planning Association, Inc.; 1 member representing the Mass
37653765 3740Home Care Association; 1 member representing MassPACE, Inc.; 1 member representing
37663766 3741Massachusetts Association of Councils on Aging, Inc.; 1 member representing LeadingAge
37673767 3742Massachusetts, Inc.; 1 member representing Massachusetts Senior Action Council, Inc; 1
37683768 3743member representing AARP Massachusetts; 1 member representing 2Life Communities Inc.; 1
37693769 3744member representing Hebrew SeniorLife, Inc.; and 2 members appointed by the governor who 171 of 181
37703770 3745shall represent nonprofit housing developers with experience developing affordable senior rental
37713771 3746housing.
37723772 3747 (c) The study shall include, but not be limited to: (i) mapping out the economic profile of
37733773 3748older adults; (ii) determining gaps in services to older adults; (iii) identifying best practices for
37743774 3749creating supportive senior housing with sustainable funding; (iv) determining strategies for
37753775 3750connecting and streamlining services supporting older adults in their community, including
37763776 3751identifying federal waivers or other actions to support integration of such services; (v)
37773777 3752identifying partners to create opportunities for supportive housing development that incorporates
37783778 3753health care infrastructure and service; (vi) estimating the costs and potential impact of programs
37793779 3754and recommending comprehensive strategies; (vii) recommendations for creating academic
37803780 3755partnerships to document and evaluate program innovations; (viii) an analysis of the projected
37813781 3756demand for senior housing in the 5 years following the first meeting of the commission; (ix)
37823782 3757recommendations to ensure senior housing is physically accessible and compliant with the
37833783 3758Americans with Disabilities Act; (x) a review of barriers to necessary housing modifications and
37843784 3759potential funding sources; (xi) recommendations to encourage development of senior housing in
37853785 3760areas within reasonable walking distance of amenities and public transportation; (xii) an
37863786 3761evaluation of age-restricted housing and intergenerational housing with respect to costs, tenant
37873787 3762preferences, accessibility and safety; (xiii) analysis of models of community-based housing that
37883788 3763provide medical support, including residential care homes, rest homes and small house nursing
37893789 3764homes; and (xiv) recommendations for design and infrastructure features including, but not
37903790 3765limited to, increased ventilation and functional outdoor space for the purpose of preventing the
37913791 3766spread of contagious diseases. 172 of 181
37923792 3767 (d) The commission shall file a report of the study with the clerks of the senate and house
37933793 3768of representatives, the joint committee on elder affairs and the joint committee on housing not
37943794 3769later than June 30, 2025
37953795 3770 SECTION 127. (a) Notwithstanding any general or special law to the contrary, there shall
37963796 3771be a special commission to study and make recommendations on accessibility in housing for
37973797 3772persons with disabilities and seniors to increase the ability of individuals to live in a safe,
37983798 3773dignified and healthy environment in their residences. The special commission shall consider the
37993799 3774scope and positive impacts of longstanding accessibility standards.
38003800 3775 (b) The commission shall consist of: the secretary of housing and livable communities, or
38013801 3776a designee, who shall serve as chair; the executive director of the architectural access board
38023802 3777established in section 13A of chapter 22 of the General Laws, or a designee; the chairs of the
38033803 3778joint committee on housing; the executive director of the Massachusetts office on disability
38043804 3779established in section 185 of chapter 6 of the General Laws, or a designees; a representative
38053805 3780appointed by the statewide Independent Living Council; a representative of the Institute for
38063806 3781Human Centered Design, Inc.; a representative of NAIOP Massachusetts, Inc.; a representative
38073807 3782of the Disability Law Center, Inc.; a representative of the Arc Massachusetts, Inc.; and a
38083808 3783representative of the Massachusetts Association for Mental Health, Inc.
38093809 3784 (c) The commission shall: (i) examine accessibility features in residential housing that
38103810 3785benefit persons with disabilities and seniors, including, but not limited to, features for individuals
38113811 3786with physical, sensory, intellectual, mental health and neurodivergent disabilities; and (ii) review
38123812 3787the definition of accessibility in housing for persons with disabilities and seniors. The
38133813 3788commission shall review and consider the potential financial barriers and any impacts on 173 of 181
38143814 3789programs and consider the impact of climate change on housing for people with disabilities The
38153815 3790commission shall make recommendations, if any, including any recommendations related to 780
38163816 3791CMR.
38173817 3792 (d) Not later than June 30, 2025, the commission shall file a report and recommendations,
38183818 3793if any, with the clerks of the house of representatives and the senate and the joint committee on
38193819 3794housing.
38203820 3795 SECTION 128. (a) There is hereby established a special commission to study and make
38213821 3796recommendations on expanding the supply of housing available and affordable to tenants with a
38223822 3797household income of not more than 30 per cent of the area median income, adjusted for
38233823 3798household size, as periodically determined by the United States Department of Housing and
38243824 3799Urban Development. The commission shall review and evaluate federal, state and local subsidies
38253825 3800that support the creation of housing for such tenants and make recommendations to increase the
38263826 3801supply of housing that is available and affordable to households earning not more than 30 per
38273827 3802cent of the area median income.
38283828 3803 (b) The commission shall review and consider the following: (i) the number of deeply
38293829 3804subsidized rental units targeted at families with incomes at or below 30 per cent of the area
38303830 3805median income and the percentage of those units that are accessible to persons with disabilities;
38313831 3806(ii) the number of families with such incomes per deeply subsidized rental unit; (iii) the gap
38323832 3807between median rents and the rent affordable to families with such incomes and an analysis of
38333833 3808whether existing housing subsidies are sufficient to bridge such gap; (iv) the ratio of households
38343834 3809with such incomes to unsubsidized units available at rents up to 50 per cent of such income; (v)
38353835 3810housing market factors such as vacancy rates, rate of rent increases and conversion of rental 174 of 181
38363836 3811housing to homeownership units; (vi) the impact of non-housing subsidies, including, but not
38373837 3812limited to, the earned income tax credit on cost burdens for working families; (vii) barriers to
38383838 3813accessing available housing, including racial and ethnic disparities in housing access; and (viii)
38393839 3814any other factors that the commission deems relevant.
38403840 3815 (c) The commission shall consist of the secretary of housing and livable communities, or
38413841 3816their designee, who shall serve as chair; the chairs of the joint committee on housing, or their
38423842 3817designees; the minority leader of the house of representatives, or a designee; the minority leader
38433843 3818of the senate, or a designee; the secretary of administration and finance, or a designee; the
38443844 3819secretary of health and human services, or a designee; a representative of the Citizens’ Housing
38453845 3820and Planning Association, Inc.; a representative of the Massachusetts Housing Partnership; a
38463846 3821representative of the Massachusetts Housing Finance Agency; a representative of the
38473847 3822Community Economic Development Assistance Corporation; a representative of the
38483848 3823Massachusetts Law Reform Institute; a representative of the Massachusetts Association of
38493849 3824Community Development Corporations; a representative of the Regional Housing Network; and
38503850 38255 members appointed by the governor, 1 of whom shall be a representative of a local housing
38513851 3826authority, 1 of whom shall be a representative of an advocacy organization representing tenants,
38523852 38271 of whom shall have expertise in affordable housing finance, 1 of whom shall have expertise in
38533853 3828nonprofit affordable housing development and 1 of whom shall have expertise in development of
38543854 3829permanent supportive housing.
38553855 3830 (d) Not later than June 30, 2025, the commission shall file its recommendations with the
38563856 3831clerks of the house of representatives and the senate and the joint committee on housing. 175 of 181
38573857 3832 SECTION 129. (a) As used in this section, the following words shall have the following
38583858 3833meanings unless the context clearly requires otherwise:
38593859 3834 “Borrower”, a mortgagor of a mortgage loan.
38603860 3835 “Creditor”, a person or entity that holds or controls, partially, wholly, indirectly, directly
38613861 3836or in a nominee capacity, a mortgage loan securing an owner-occupied residential property
38623862 3837including, but not limited to, an originator, holder, investor, assignee, successor, trust, trustee,
38633863 3838nominee holder, mortgage electronic registration system or mortgage servicer, including the
38643864 3839Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation;
38653865 3840provided, however, that “creditor” shall also include any servant, employee or agent of a
38663866 3841creditor.
38673867 3842 “Creditor’s representative”, a person who has the authority to negotiate and approve the
38683868 3843terms of and modify a mortgage loan, under a servicing agreement.
38693869 3844 “Modified mortgage loan”, a mortgage modified from its original terms including, but not
38703870 3845limited to, a loan modified under: (i) the Home Affordable Modification Program; (ii) the
38713871 3846Federal Deposit Insurance Corporation’s Loan Modification Program; (iii) any modification
38723872 3847program that a lender uses that is based on accepted principles and the safety and soundness of
38733873 3848the institution and authorized by the National Credit Union Administration, the division of banks
38743874 3849or any other instrumentality of the commonwealth; (iv) the Federal Housing Administration; or
38753875 3850(v) a similar federal loan modification plan.
38763876 3851 “Mortgage loan”, a loan to a natural person made primarily for personal, family or
38773877 3852household purposes secured wholly or in part by a mortgage on residential property. 176 of 181
38783878 3853 “Residential property”, real property located in the commonwealth on which there is a
38793879 3854dwelling with accommodations for not more than 4 separate households and occupied, or to be
38803880 3855occupied, in whole or in part by the obligor on the mortgage debt; provided, however, that
38813881 3856“residential property” shall be limited to the principal residence of a person; provided further,
38823882 3857that “residential property” shall not include an investment property or a residence, other than a
38833883 3858primary residence, or residential property taken in whole or in part as collateral for a commercial
38843884 3859loan.
38853885 3860 (b) There shall be, subject to appropriation, a foreclosure mediation pilot program
38863886 3861administered by the Massachusetts Office of Public Collaboration at the University of
38873887 3862Massachusetts at Boston to be offered to borrowers and creditors, by agreement, in not more than
38883888 38635 communities disproportionately impacted by high rates of foreclosure. The Massachusetts
38893889 3864Office of Public Collaboration shall develop and accept applications from interested
38903890 3865communities and shall select communities most negatively impacted by high rates of foreclosure.
38913891 3866 (c) A creditor in a community participating in the pilot may, concurrently with the notice
38923892 3867sent to the borrower of residential property under section 35A of chapter 244 of the General
38933893 3868Laws, give notice to the borrower of the borrower’s right to participate in the foreclosure
38943894 3869mediation program by attaching to the right to cure default notice: (i) notice of the availability of
38953895 3870foreclosure mediation, in such form as the Massachusetts Office of Public Collaboration
38963896 3871prescribes; and (ii) a foreclosure mediation request form, in such form as the Massachusetts
38973897 3872Office of Public Collaboration prescribes. A borrower electing to participate in foreclosure
38983898 3873mediation shall submit the foreclosure mediation request form to the creditor not more than 15
38993899 3874days after receipt of the notice. 177 of 181
39003900 3875 (d) An in-person mediation session shall be conducted by a neutral third-party mediator
39013901 3876between the borrower, the borrower’s representative or housing counselor and the creditor’s
39023902 3877representative, who shall have the authority to negotiate an alternative to foreclosure including,
39033903 3878but not limited to: (i) a modified mortgage loan; (ii) a reduction in principal; (iii) a reduction in
39043904 3879interest rate; or (iv) an increase in the amortization period of the mortgage loan; provided,
39053905 3880however, that an alternative form of meeting may be mutually agreed upon by the mortgagor, the
39063906 3881mortgagee and the mediator.
39073907 3882 (e) If a borrower elects to participate in the foreclosure mediation program, a creditor
39083908 3883shall not accelerate the note or otherwise initiate foreclosure proceedings unless the mediator has
39093909 3884certified that the creditor participated in the foreclosure mediation program in good faith and
39103910 3885made all reasonable efforts to find an alternative to foreclosure and any agreement is in full
39113911 3886compliance with all state and federal guidelines.
39123912 3887 (f) The borrower’s or creditor’s rights or defenses in the foreclosure action shall not be
39133913 3888waived by participating in the foreclosure mediation program.
39143914 3889 (g) Nothing in this section shall require a creditor to modify a mortgage or change the
39153915 3890terms of payment of a mortgage.
39163916 3891 SECTION 130. Notwithstanding any general or special law to the contrary, the
39173917 3892unexpended and unencumbered balances of the bond-funded authorizations in the following
39183918 3893accounts shall cease to be available for expenditure 180 days after the effective date of this act:
39193919 38943000-0410, 7002-8032, 7004-0049, 7004-0050, 7004-0051, 7004-0052, 7004-0053, 7004-0055,
39203920 38957004-0056, 7004-0057, 7004-0058, 7004-0059, 7004-0060, 7004-0061, 7004-0062, 7004-0064,
39213921 38967004-0065, 7004-0066, 7004-0067, 7004-8016, 7004-8026. 178 of 181
39223922 3897 SECTION 131. To meet the expenditures necessary in carrying out sections 2 and 2A,
39233923 3898inclusive, the state treasurer shall, upon request of the governor, issue and sell bonds of the
39243924 3899commonwealth in an amount to be specified by the governor from time to time but not
39253925 3900exceeding, in the aggregate, $5,110,756,900. All bonds issued by the commonwealth as aforesaid
39263926 3901shall be designated on their face, The Affordable Homes Act of 2024, and shall be issued for a
39273927 3902maximum term of years, not exceeding 30 years, as the governor may recommend to the general
39283928 3903court under section 3 of Article LXII of the Amendments to the Constitution; provided, however,
39293929 3904that all such bonds shall be payable not later than June 30, 2059. All interest and payments on
39303930 3905account of principal on such obligations shall be payable from the General Fund. Bonds and
39313931 3906interest thereon issued under the authority of this section shall, notwithstanding any other
39323932 3907provision of this act, be general obligations of the commonwealth. An amount not to exceed 2
39333933 3908per cent of the authorizations may be expended by the executive office of housing and livable
39343934 3909communities for administrative costs directly attributable to the purposes of this act, including
39353935 3910costs of clerical and support personnel. The secretary of housing and livable communities shall
39363936 3911file an annual spending plan detailing, by subsidiary, all personnel costs and any administrative
39373937 3912costs charged to expenditures made pursuant to this act with the fiscal affairs division within the
39383938 3913executive office for administration and finance, the house and senate committees on ways and
39393939 3914means, the joint committee on bonding, capital expenditures and state assets and the joint
39403940 3915committee on housing.
39413941 3916 SECTION 132. To meet the expenditures necessary in carrying out section 2B, the state
39423942 3917treasurer shall, upon request of the governor, issue and sell bonds in an amount to be specified by
39433943 3918the governor from time to time but not exceeding, in the aggregate, $50,000,000. All bonds
39443944 3919issued by the commonwealth as aforesaid shall be designated on their face The Affordable 179 of 181
39453945 3920Homes Act of 2024, and shall be issued for a maximum term of years, not exceeding 30 years, as
39463946 3921the governor may recommend to the general court pursuant to section 3 of Article LXII of the
39473947 3922Amendments to the Constitution; provided, however, that all such bonds shall be payable not
39483948 3923later than June 30, 2059. All interest and payments on account of principal on such obligations
39493949 3924shall be payable from the General Fund. Bonds and interest thereon issued under the authority of
39503950 3925this section shall, notwithstanding any other provision of this act, be general obligations of the
39513951 3926commonwealth. An amount not to exceed 2 per cent of the authorizations may be expended by
39523952 3927the executive office of housing and livable communities for administrative costs directly
39533953 3928attributable to the purposes of this act, including costs of clerical and support personnel. The
39543954 3929secretary of housing and livable communities shall file an annual spending plan with the fiscal
39553955 3930affairs division, the house and senate committees on ways and means, the house and senate
39563956 3931committees on bonding, capital expenditures and states assets and the joint committee on
39573957 3932housing which details, by subsidiary, all personnel costs and any administrative costs charged to
39583958 3933expenditures made pursuant to this act.
39593959 3934 SECTION 133. Not later than 90 days after the effective date of this act, the secretary of
39603960 3935housing and livable communities, in consultation with the secretary of veterans’ services, shall
39613961 3936promulgate rules or regulations pursuant to subsection (e) of section 35 of chapter 23B of the
39623962 3937General Laws, inserted by section 5.
39633963 3938 SECTION 134. The executive office of housing and livable communities shall report on
39643964 3939all expenditures from the Massachusetts healthy homes program established pursuant to section
39653965 394033 of chapter 23B of the General Laws, inserted by section 5, and the Massachusetts healthy
39663966 3941homes program fund established pursuant to section 34 of said chapter 23B, inserted by section
39673967 39425, to the clerks of the house of representatives and the senate, the joint committee on housing and 180 of 181
39683968 3943the house and senate committees on ways and means not later than 18 months after the effective
39693969 3944date of this act. The report shall include: (i) the number of projects completed through the
39703970 3945Massachusetts healthy homes program addressing habitability concerns; (ii) the locations
39713971 3946throughout the commonwealth; (iii) the total amount of grants or loans authorized; (iv) the
39723972 3947number of projects using existing home repair programs; and (v) the breakdown of landlord-
39733973 3948owned properties and owner-occupied properties. The executive office shall make the report
39743974 3949publicly available on its website.
39753975 3950 SECTION 135. Not later than 180 days after the effective date of this act, the executive
39763976 3951office of housing and livable communities shall promulgate guidance or regulations pursuant to
39773977 3952subsection (g) of section 33 of chapter 23B of the General Laws, as inserted by section 5.
39783978 3953 SECTION 136. The executive office of housing and livable communities shall
39793979 3954promulgate guidance or regulations pursuant to subsection (h) of section 32 of chapter 23B of the
39803980 3955General Laws and section 101 of chapter 143 of the General Laws not later than December 15,
39813981 39562024.
39823982 3957 SECTION 137. Section 36 of chapter 23B of the General Laws, inserted by section 5,
39833983 3958subsection (ee) of section 6 of chapter 62 of the General Laws, inserted by section 17, and
39843984 3959section 38OO of chapter 63 of the General Laws, inserted by section 26, are hereby repealed.
39853985 3960 SECTION 138. Section 119 is hereby repealed.
39863986 3961 SECTION 139. Sections 121 to 123, inclusive, are hereby repealed.
39873987 3962 SECTION 140. Section 36 of chapter 23B of the General Laws, inserted by section 5,
39883988 3963subsection (ee) of section 6 of chapter 62 of the General Laws, inserted by section 17, sections 181 of 181
39893989 396420, 21, and 25 and sections 38OO and 38PP of chapter 63 of the General Laws, inserted by
39903990 3965section 26, shall take effect for tax years beginning on or after January 1, 2025.
39913991 3966 SECTION 141. Sections 19 and 24 shall be effective for tax years beginning on or after
39923992 3967January 1, 2024.
39933993 3968 SECTION 142. Sections 22, 27, 137 and 138 shall take effect on January 1, 2030.
39943994 3969 SECTION 143. Sections 8, 46, 48 and 49 shall take effect 180 days after the effective
39953995 3970date of this act.
39963996 3971 SECTION 144. Section 52 shall take effect 270 days after the effective date of this act.
39973997 3972 SECTION 145. Section 139 shall take effect on June 30, 2030; provided, however, that
39983998 3973the commissioner of capital asset management and maintenance may complete any transaction
39993999 3974for which agreements have been signed and delivered on or before June 30, 2030.