HOUSE . . . . . . . . . . . . . . No. 4977
The Commonwealth of Massachusetts
_______________
The committee of conference on the disagreeing votes of the two branches with reference
to the Senate amendment (striking out all after the enacting clause and inserting in place thereof
the text contained in Senate document numbered 2850) of the House Bill relative to the
Affordable Homes Act (House, No. 4726), reports recommending passage of the accompanying
bill (House, No. 4977) [Bond Issue: General Obligation Bonds: $5,160,756,900.00]. August 1,
2024.
James ArcieroWilliam N. BrownsbergerAaron MichlewitzLydia Edwards 1 of 181
FILED ON: 8/1/2024
HOUSE . . . . . . . . . . . . . . . No. 4977
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
An Act relative to the Affordable Homes Act.
Whereas, The deferred operation of this act would tend to defeat its purpose, which is to
authorize forthwith the financing of the production and preservation of housing for low and
moderate income citizens of the commonwealth and to make related changes in certain laws,
therefore it is hereby declared to be an emergency law, necessary for the immediate preservation
of the public convenience.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. To provide for a capital outlay program to rehabilitate, produce and
2modernize state-aided public housing developments, to preserve the affordability and the income
3mix of state-assisted multifamily developments, to support home ownership and rental housing
4opportunities for low- and moderate-income citizens, to stem urban blight through the
5implementation of housing stabilization programs, to support housing production for the elderly,
6disabled and homeless, to preserve housing for the elderly, homeless, low- and moderate-income
7citizens and persons with disabilities, to develop facilities for licensed early care and education
8and out of school time programs; and to promote economic reinvestment through the funding of
9infrastructure improvements, the sums set forth in sections 2 to 2B, inclusive, for the several 2 of 181
10purposes and subject to the conditions specified in this act, are hereby made available subject to
11the laws regulating the disbursement of public funds.
12 SECTION 2.
13 EXECUTIVE OFFICE OF EDUCATION
14 Department of Early Education and Care
15 3000-0411For the purpose of state financial assistance in the form of grants for the
16Early Education and Out of School Time Capital Fund for the development of eligible facilities
17for licensed early care and education and out of school time programs established in section 18
18of chapter 15D of the General Laws; provided, that the department of early education and care
19may contract with quasi-public or nonprofit entities to administer the program including, but not
20limited to, the Community Economic Development Assistance Corporation established in
21chapter 40H of the General Laws; provided further, that the department may develop or finance
22eligible facilities and may enter into subcontracts with nonprofit organizations established
23pursuant to chapter 180 of the General Laws or organizations in which such nonprofit
24corporations have a controlling financial or managerial interest; provided further, that the
25department shall consider: (i) a balanced geographic plan for such eligible facilities when issuing
26the funding commitments; and (ii) funding large group and school age child care centers as
27defined by the department; provided further, that the services made available pursuant to such
28grants shall not be construed as a right or entitlement for any individual or class of persons to the
29benefits financing; provided further, that no expenditure shall be made from this item without the
30prior approval of the secretary of administration and finance; and provided further, that eligibility
31shall be established by regulations promulgated by the department pursuant to chapter 30A of the 3 of 181
32General Laws for the implementation, administration and enforcement of this
33item............................................................................................................................... $50,000,000
34 EXECUTIVE OFFICE OF HOUSING AND LIVABLE COMMUNITIES
35 Office of the Secretary
36 7004-0069For a program of loans or grants to assist homeowners or tenants with a
37household member with blindness or severe disabilities in making modifications to their primary
38residence for the purpose of improving accessibility or to allow such individuals to live
39independently in the community or for construction costs to allow for the building of an
40accessory unit, which shall mean a unit constructed as an additional dwelling unit separate from
41the primary dwelling unit, for a person with disabilities or an elder needing assistance with
42activities of daily living; provided, that not more than 10 per cent shall be used for grants to
43assist landlords seeking to make modifications for a current or prospective tenant with
44disabilities, who but for such a grant would be unable to maintain or secure permanent housing;
45provided further, that the secretary of housing and livable communities and the secretary of
46health and human services shall take all steps necessary to minimize the program’s
47administrative costs; provided further, that the secretary of health and human services may
48contract with quasi-public or nonprofit entities to administer the program, including, but not
49limited to, the Community Economic Development Assistance Corporation established in
50chapter 40H of the General Laws; provided further, that the program shall be available pursuant
51to income eligibility standards approved by the secretary of health and human services; provided
52further, that the repayment of the loans may be delayed until the sale of the principal residence
53by the homeowner; provided further, that persons residing in a development covered by section 4 4 of 181
54of chapter 151B of the General Laws shall not be eligible for the program unless the owner can
55show that the modification is an undue financial burden or that the landlord is participating in the
56grant program to maintain or secure housing for a tenant with disabilities; provided further, that
57the secretary of health and human services shall consult with the Massachusetts commission for
58the blind and the Massachusetts rehabilitation commission to develop rules, regulations and
59guidelines for the program; provided further, that nothing in this item shall give rise to
60enforceable legal rights in any party or an enforceable entitlement to services; provided further,
61that funds expended from this item shall, to the maximum extent feasible, be prioritized for
62projects that comply with decarbonization and sustainability standards; and provided further, that
63the secretary of housing and livable communities shall submit quarterly reports to the house and
64senate committees on ways and means, the joint committee on bonding, capital expenditures and
65state assets and the joint committee on housing detailing the status of the program established in
66this item....................................................................................................................... $60,000,000
67 7004-0070For state financial assistance in the form of loans for the development of
68community-based housing or supportive housing for individuals with mental illness and
69individuals with intellectual disabilities; provided, that the loan program shall be administered by
70the executive office of housing and livable communities through contracts with 1 or more of the
71following agencies: the Massachusetts Development Finance Agency established under chapter
7223G of the General Laws, the Community Economic Development Assistance Corporation
73established under chapter 40H of the General Laws, operating agencies established under chapter
74121B of the General Laws and the Massachusetts Housing Finance Agency established under
75chapter 708 of the acts of 1966; provided further, that those agencies may develop or finance
76community-based housing or supportive housing or may enter into subcontracts with nonprofit 5 of 181
77organizations, established under chapter 180 of the General Laws, or organizations in which such
78nonprofit corporations have a controlling financial or managerial interest or for-profit
79organizations; provided further, that preference for the subcontracts shall be given to nonprofit
80organizations; provided further, that the executive office shall consider a balanced geographic
81plan for such community-based housing or supportive housing when issuing the loans; provided
82further, that the executive office shall consider development of a balanced range of housing
83models by prioritizing funds for integrated housing as defined by the appropriate housing and
84service agencies, including, but not limited to, the executive office of housing and livable
85communities, the department of mental health and the department of developmental services, in
86consultation with relevant and interested clients, clients’ families, advocates and other parties as
87necessary; provided further, that loans issued pursuant to this item shall: (i) not exceed 50 per
88cent of the financing of the total development costs; (ii) not be issued unless a contract or
89agreement for the use of the property for such housing provides for repayment to the
90commonwealth at the time of disposition of the property if such property will no longer be
91subject to a recorded deed restriction pursuant to clause (iii) of this item; provided further, that
92such repayment shall: (1) be in an amount equal to the commonwealth’s proportional
93contribution from the Facilities Consolidation Fund to the cost of the development through
94payments made by the state agency making the contract; and (2) not be required if the executive
95office of housing and livable communities, in consultation with the department of mental health
96and the department of developmental services, determines that relevant clients will be better
97served at an alternative property and the proceeds from the disposition of the property will be
98used, to the extent necessary for replacement of the housing at the property, to: (A) acquire such
99alternative property; or (B) rehabilitate such alternative property; (iii) not be issued unless the 6 of 181
100contract or agreement for the use of the property for the purposes of such housing provides for
101the recording of a deed restriction in the registry of deeds or the registry district of the land court
102of the county in which the real property is located, for the benefit of the executive office and the
103departments, running with the land, that the land shall be used to provide community-based
104housing or supportive housing for eligible individuals as determined by the department of mental
105health and the department of developmental services; provided further, that the property shall not
106be released from such restriction unless: (1) the balance of the principal and interest for the loan
107has been repaid in full; (2) a mortgage foreclosure deed has been recorded; or (3) the executive
108office of housing and livable communities has determined, pursuant to subclause (2) of clause
109(ii) of this item, that repayment to the commonwealth is not required; (iv) be issued for a term
110not to exceed 30 years, during which time repayment may be deferred by the loan issuing
111authority; provided further, that if on the date the loans become due and payable to the
112commonwealth, an outstanding balance exists and if, on such date, the executive office of
113housing and livable communities, in consultation with the executive office of health and human
114services, determines that there still exists a need for such housing and that there is continued
115funding available for the provision of services to such development, the executive office of
116housing and livable communities may, by agreement with the owner of the development, extend
117the loans for such periods not to exceed 10 years, as the executive office shall determine;
118provided further, that the project, whether at the original property, or at an alternative property
119pursuant to subclause (2) of clause (ii) of this item, shall remain affordable housing for the
120duration of the loan term, including any extension thereof, as set forth in the contract or
121agreement entered into by the executive office; provided further, that in the event the terms of
122repayment detailed in this item would cause a project authorized by this item to become 7 of 181
123ineligible to receive federal financial assistance which would otherwise assist in the development
124of that project, the executive office may waive the terms of repayment which would cause the
125project to become ineligible; and (v) have interest rates fixed at a rate, to be determined by the
126executive office, in consultation with the state treasurer; provided further, that the loans shall be
127provided only for projects conforming to this item; provided further, that the loans shall be
128issued in accordance with a facilities consolidation plan prepared by the secretary of health and
129human services, reviewed and approved by the executive office of housing and livable
130communities and filed with the secretary of administration and finance, the house and senate
131committees on ways and means, the joint committee on bonding, capital expenditures and state
132assets and the joint committee on housing; provided further, that no expenditure shall be made
133from this item without the prior approval of the secretary of administration and finance; provided
134further, that the executive office of housing and livable communities, the department of mental
135health and the Community Economic Development Assistance Corporation may identify
136appropriate financing mechanisms and guidelines for grants or loans from this item to promote
137private development to produce housing, provide for independent integrated living opportunities,
138write down building and operating costs and serve households at or below 15 per cent of the area
139median income for the benefit of department of mental health clients; provided further, that
140funds expended from this item shall, to the maximum extent feasible, be prioritized for projects
141that comply with decarbonization and sustainability standards; provided further, that
142prioritization shall be determined through objective scoring criteria in the Qualified Allocation
143Plan developed by the executive office of housing and livable communities; provided further,
144that for new construction projects, the standards set forth in the commonwealth’s Opt-in
145Specialized Energy Code under 225 CMR 22.00 and 23.00 and the Enterprise Green 8 of 181
146Communities standards shall be the applicable standards for prioritization; provided further, that
147any project proposing less than full compliance with said standards shall provide detailed
148analysis demonstrating why full compliance would render the project infeasible notwithstanding
149utilization of all available federal and state incentives, including rebates and tax credits; provided
150further, that for retrofits of existing units, prioritization shall be given to projects that include
151energy efficiency and electrification decarbonization measures, including, but not limited to,
152electric or ground source heat pumps, net-zero developments, Passive House Institute
153certification or an equivalent energy efficiency certification, and all-electric buildings and
154projects that incorporate green, sustainable and climate-resilient elements; provided further, that
155projects that include lower embodied carbon construction materials and methods shall be further
156prioritized; provided further, that not more than $10,000,000 may be expended from this item for
157a pilot program of community-based housing or supportive housing loans to serve mentally ill
158homeless individuals in the current or former care of the department of mental health; provided
159further, that in implementing the pilot program, the executive office shall consider a balanced
160geographic plan when establishing community-based residences; provided further, that the
161housing services made available pursuant to such loans shall not be construed as a right or an
162entitlement for any individual or class of persons to the benefits of the pilot program; provided
163further, that eligibility for the pilot program shall be established by regulations promulgated by
164the executive office; and provided further, that the executive office shall promulgate regulations
165under chapter 30A of the General Laws to implement, administer and enforce this item,
166consistent with the facilities consolidation plan prepared by the secretary of health and human
167services and after consultation with the secretary and the commissioner of capital asset
168management and maintenance…...................................................................................$70,000,000 9 of 181
169 7004-0071For state financial assistance in the form of loans for the development and
170redevelopment of community-based housing or supportive housing for persons with disabilities
171who are institutionalized or at risk of being institutionalized and who are not eligible for housing
172developed pursuant to item 7004-0070; provided, that the loan program shall be administered by
173the executive office of housing and livable communities, through contracts with the
174Massachusetts Development Finance Agency established under chapter 23G of the General
175Laws, the Community Economic Development Assistance Corporation established under chapter
17640H of the General Laws, operating agencies established under chapter 121B of the General
177Laws and the Massachusetts Housing Finance Agency established under chapter 708 of the acts
178of 1966; provided further, that the agencies may develop or finance community-based housing or
179supportive housing or may enter into subcontracts with nonprofit organizations established under
180chapter 180 of the General Laws or organizations in which such nonprofit corporations have a
181controlling financial or managerial interest or for-profit organizations; provided further, that
182preference for such subcontracts shall be given to nonprofit organizations; provided further, that
183the executive office shall consider a balanced geographic plan for such community-based
184housing or supportive housing when issuing the loans; provided further, that all housing
185developed with these funds shall be integrated housing as defined by the appropriate state
186housing and service agencies, including, but not limited to, the executive office of housing and
187livable communities, the executive office of health and human services and the Massachusetts
188rehabilitation commission, in consultation with relevant and interested clients, clients’ families,
189advocates and other parties as necessary; provided further, that loans issued pursuant to this item
190shall: (i) not exceed 50 per cent of the financing of the total development costs; (ii) not be issued
191unless a contract or agreement for the use of the property for the purposes of such housing 10 of 181
192provides for repayment to the commonwealth at the time of disposition of the property if such
193property will no longer be subject to a recorded deed restriction pursuant to clause (iii) of this
194item; provided further, that such repayment shall: (1) be in an amount equal to the
195commonwealth’s proportional contribution from community-based housing to the cost of the
196development through payments made by the state agency making the contract; and (2) not be
197required if the executive office of housing and livable communities, in consultation with the
198Massachusetts rehabilitation commission, determines that relevant clients will be better served at
199an alternative property and the proceeds from the disposition of the property will be used, to the
200extent necessary for replacement of the housing at the property, to: (A) acquire such alternative
201property; or (B) rehabilitate such alternative property; (iii) not be issued unless a contract or
202agreement for the use of the property for the purposes of such community-based housing or
203supportive housing provides for the recording of a deed restriction in the registry of deeds or the
204registry district of the land court of the county in which the real property is located, for the
205benefit of the executive office, running with the land, that the land shall be used to provide
206community-based housing or supportive housing for eligible individuals as determined by the
207Massachusetts rehabilitation commission or other agency of the executive office of health and
208human services; provided further, that the property shall not be released from such restrictions
209unless: (1) the balance of the principal and interest for the loan has been repaid in full; (2) a
210mortgage foreclosure deed has been recorded; or (3) the executive office of housing and livable
211communities has determined, pursuant to subclause (2) of clause (ii) of this item, that repayment
212to the commonwealth is not required; (iv) be issued for a term not to exceed 30 years during
213which time repayment may be deferred by the loan issuing authority; provided further, that if, on
214the date the loans become due and payable to the commonwealth, an outstanding balance exists 11 of 181
215and if, on that date, the executive office of housing and livable communities, in consultation with
216the executive office of health and human services, determines that there still exists a need for
217such housing, the executive office may, by agreement with the owner of the development, extend
218the loans for such periods not to exceed 10 years, as the executive office shall determine;
219provided further, that the project, whether at the original property or at an alternative property
220pursuant to clause subclause (2) of (ii) of this item, shall continue to remain affordable housing
221for the duration of the loan term, including any extensions thereof, as set forth in the contract or
222agreement entered into by the executive office; provided further, that in the event the terms of
223repayment detailed in this item would cause a project authorized by this item to become
224ineligible to receive federal financial assistance, which would otherwise assist in the
225development of that project, the executive office may waive the terms of repayment which would
226cause the project to become ineligible; and (v) have interest rates fixed at a rate, to be determined
227by the executive office, in consultation with the state treasurer; provided further, the loans shall
228be provided only for projects conforming to this item; provided further, that the loans shall be
229issued in accordance with an enhancing community-based services plan prepared by the
230secretary of health and human services, in consultation with the executive office of housing and
231livable communities and filed with the secretary of administration and finance, the house and
232senate committees on ways and means, the joint committee on bonding, capital expenditures and
233state assets and the joint committee on housing; provided further, that funds expended from this
234item shall, to the maximum extent feasible, be prioritized for projects that comply with
235decarbonization and sustainability standards; provided further, that prioritization shall be
236determined through objective scoring criteria in the Qualified Allocation Plan developed by the
237executive office of housing and livable communities; provided further, that for new construction 12 of 181
238projects, the standards set forth in the commonwealth’s Opt-in Specialized Energy Code under
239225 CMR 22.00 and 23.00 and the Enterprise Green Communities standards shall be the
240applicable standards for prioritization; provided further, that any project proposing less than full
241compliance with said standards shall provide detailed analysis demonstrating why full
242compliance would render the project infeasible notwithstanding utilization of all available
243federal and state incentives, including rebates and tax credits; provided further, that for retrofits
244of existing units, prioritization shall be given to projects that include energy efficiency and
245electrification decarbonization measures, including, but not limited to, electric or ground source
246heat pumps, net-zero developments, Passive House Institute certification or an equivalent energy
247efficiency certification, and all-electric buildings and projects that incorporate green, sustainable
248and climate-resilient elements; provided further, that projects that include lower embodied
249carbon construction materials and methods shall be further prioritized; provided further, that no
250expenditure shall be made from this item without the prior approval of the secretary of
251administration and finance; and provided further, that the executive office shall promulgate
252regulations pursuant to chapter 30A of the General Laws for the implementation, administration
253and enforcement of this item, consistent with the enhancing community-based services plan
254prepared by the secretary of health and human services after consultation with the secretary and
255the commissioner of capital asset management and maintenance.................................$55,000,000
256 7004-0072For the capitalization of the Affordable Housing Trust Fund established in
257section 2 of chapter 121D of the General Laws; provided, that funds expended from this item
258shall, to the maximum extent feasible, be prioritized for projects that comply with
259decarbonization and sustainability standards; provided further, that prioritization shall be
260determined through objective scoring criteria in the Qualified Allocation Plan developed by the 13 of 181
261executive office of housing and livable communities; provided further, that the executive office
262shall consider geographic equity in awarding funds from this item; provided further, that for new
263construction projects, the standards set forth in the commonwealth’s Opt-in Specialized Energy
264Code under 225 CMR 22.00 and 23.00 and the Enterprise Green Communities standards shall be
265the applicable standards for prioritization; provided further, that any project proposing less than
266full compliance with said standards shall provide detailed analysis demonstrating why full
267compliance would render the project infeasible notwithstanding utilization of all available
268federal and state incentives, including rebates and tax credits; provided further, that for retrofits
269of existing units, prioritization shall be given to projects that include energy efficiency and
270electrification decarbonization measures, including, but not limited to, electric or ground source
271heat pumps, net-zero developments, Passive House Institute certification or an equivalent energy
272efficiency certification, and all-electric buildings and projects that incorporate green, sustainable
273and climate-resilient elements; provided further, that projects that include lower embodied
274carbon construction materials and methods shall be further prioritized; provided further, that not
275more than $50,000,000 of the funds made available in this item may be used to create and
276maintain opportunities for homeownership for first-time homebuyers; provided further, that
277funds shall be expended to create and enhance access to homeownership in order to foster long-
278term benefits for housing security, health and economic outcomes and to address a systemic
279homeownership gap in socially disadvantaged communities and among targeted populations;
280provided further, that funds may be expended for down payment assistance programs, mortgage
281insurance programs and mortgage interest subsidy programs administered by the Massachusetts
282Housing Finance Agency and the Massachusetts Housing Partnership; and provided further, that 14 of 181
283funds may be expended to first-time homebuyer counseling and financial literacy
284programs......................................................................................................................$800,000,000
285 7004-0073For state financial assistance in the form of grants or loans for the Housing
286Stabilization and Investment Trust Fund established in section 2 of chapter 121F of the General
287Laws and awarded only pursuant to the criteria established in said section 2 of said chapter 121F;
288provided, that not less than 25 per cent shall be used to fund projects that preserve and produce
289housing for families and individuals with incomes of not more than 30 per cent of the area
290median income, as defined by the United States Department of Housing and Urban
291Development; provided further, that if the executive office of housing and livable communities
292has not spent the amount authorized under the bond cap for this program, at the end of each
293fiscal year following the effective date of this act, the executive office may award the remaining
294funds to projects that serve households earning more than 30 per cent of the area median income,
295as defined by the United States Department of Housing and Urban Development; provided
296further, that funds expended from this item shall, to the maximum extent feasible, be prioritized
297for projects that comply with decarbonization and sustainability standards; provided further, that
298prioritization shall be determined through objective scoring criteria in the Qualified Allocation
299Plan developed by the executive office of housing and livable communities; provided further,
300that the executive office shall consider geographic equity in awarding funds from this item;
301provided further, that for new construction projects, the standards set forth in the
302commonwealth’s Opt-in Specialized Energy Code under 225 CMR 22.00 and 23.00 and the
303Enterprise Green Communities standards shall be the applicable standards for prioritization;
304provided further, that any project proposing less than full compliance with said standards shall
305provide detailed analysis demonstrating why full compliance would render the project infeasible 15 of 181
306notwithstanding utilization of all available federal and state incentives, including rebates and tax
307credits; provided further, that for retrofits of existing units, prioritization shall be given to
308projects that include energy efficiency and electrification decarbonization measures, including,
309but not limited to, electric or ground source heat pumps, net-zero developments, Passive House
310Institute certification or an equivalent energy efficiency certification, and all-electric buildings
311and projects that incorporate green, sustainable and climate-resilient elements; provided further,
312that projects that include lower embodied carbon construction materials and methods shall be
313further prioritized; provided further, that not less than $10,000,000 shall be expended for the
314Small Properties State Acquisition Funding Pilot established in item 1599-6084 of section 2A of
315chapter 268 of the acts of 2022; provided further, that the fund shall issue soft loans to
316supplement other acquisition soft loans administered by municipal or other affordable housing
317acquisition lenders on a rolling basis; provided further, that acquisitions pursuant to this pilot
318shall follow the affordability restrictions of the affordable housing acquisition lenders; and
319provided further, that loans under this program shall be used for the acquisition of: (i) buildings
320of 1 to 8 units, inclusive, of residential housing for rental or ownership; or (ii) mixed-use
321buildings for a term of not less than 30 years............................................................$425,000,000
322 7004-0074For state financial assistance in the form of grants for projects undertaken
323pursuant to clause (j) of section 26 of chapter 121B of the General Laws; provided, that contracts
324entered into by the executive office of housing and livable communities for those projects may
325include, but shall not be limited to, projects providing for renovation, remodeling, reconstruction,
326redevelopment and hazardous material abatement, including asbestos and lead paint, and for
327compliance with state codes and laws and for adaptations necessary for compliance with the
328Americans with Disabilities Act of 1990, the provision of day care facilities, learning centers and 16 of 181
329teen service centers and the adaptation of units for families and persons with disabilities;
330provided further, that priority shall be given to projects undertaken for the purpose of compliance
331with state codes and laws or for other purposes related to the health and safety of residents;
332provided further, that funds may be expended from this item to make such modifications to
333congregate housing units as may be necessary to increase the occupancy rate of such units;
334provided further, that the executive office shall continue to fund a program to provide predictable
335funds to be used flexibly by housing authorities for capital improvements to extend the useful
336life of state-assisted public housing; provided further, that not less than 25 per cent of the funds
337made available in this item shall be used to fund projects that preserve or produce housing for
338families and individuals with incomes of not more than 30 per cent of the area median income, as
339defined by the United States Department of Housing and Urban Development; provided further,
340that not less than $99,000,000 shall be expended by the Boston Housing Authority for the
341development of replacement public housing and additional new housing on the Faneuil Gardens
342site owned by the Boston Housing Authority between Faneuil street and North Beacon street,
343Boston Parcel ID 2202616000, in the city of Boston and the adjacent parcel at the southeast
344corner of North Beacon street and Goodenough street, Boston Parcel ID 2202627000, in the city
345of Boston; provided further, that not less than $15,000,000 of the funds made available in this
346item shall be used to increase accessibility of state-aided public housing for persons with
347disabilities; provided further, that not more than $150,000,000 of the funds made available in this
348item may be used to fund projects that include sustainability initiatives to reduce greenhouse gas
349emissions and make progress towards decarbonization through energy efficiency and
350electrification decarbonization measures, including, but not limited to, electric or ground source
351heat pumps, net-zero developments, Passive House Institute certification or an equivalent energy 17 of 181
352efficiency certification, and all-electric buildings and projects that incorporate green, sustainable
353and climate-resilient elements; provided further, that projects that include lower embodied
354carbon construction materials and methods shall be further prioritized; and provided further, that
355funds made available in this item shall, to the extent feasible, be used in accordance with the
356Massachusetts state hazard mitigation and climate adaptation plan….....................$2,000,000,000
357 7004-0075For state financial assistance in the form of grants for a demonstration
358program, administered by the executive office of housing and livable communities, to
359demonstrate cost effective revitalization methods for state-aided family and elderly-disabled
360public housing that seek to reduce the need for future state modernization funding; provided, that
361housing authorities with state-aided housing developments pursuant to chapter 200 of the acts of
3621948, chapter 667 of the acts of 1954, chapter 705 of the acts of 1966, chapter 689 of the acts of
3631974 or chapter 167 of the acts of 1987 shall be eligible to participate in the demonstration
364program; provided further, that the executive office may exempt a recipient of demonstration
365grants from the requirements of chapters 7C and 121B of the General Laws upon a showing by
366the recipient that such exemptions are necessary to accomplish the effective revitalization of
367public housing and shall not adversely affect public housing residents or applicants of any
368income who are otherwise eligible; provided further, that the executive office may provide to
369recipients of demonstration grants such additional regulatory relief as may be required to further
370the objectives of the demonstration program; provided further, that funds may be made available
371for technical assistance provided by the Community Economic Development Assistance
372Corporation established under chapter 40H of the General Laws or the Massachusetts Housing
373Partnership Fund established under section 35 of chapter 405 of the acts of 1985 to recipients of
374demonstration grants and for evaluation of the demonstration; provided further, that the 18 of 181
375executive office’s regulations for the implementation, administration and enforcement of this
376item shall: (i) require that selected housing authorities demonstrate innovative and replicable
377solutions to the management, marketing or capital needs of state-aided family and elderly-
378disabled public housing developments and contribute to the continued viability of the housing as
379a resource for public housing eligible residents; (ii) encourage proposals that demonstrate
380regional collaborations among housing authorities; and (iii) encourage proposals for new
381affordable housing units on municipally-owned land, underutilized public housing sites or other
382land owned by the housing authority; provided further, that funds expended from this item shall,
383to the maximum extent feasible, be prioritized for projects that comply with decarbonization and
384sustainability standards; provided further, that prioritization shall be determined through
385objective scoring criteria in the Qualified Allocation Plan developed by the executive office of
386housing and livable communities; provided further, that the executive office shall consider
387geographic equity in awarding funds from this item; provided further, that for new construction
388projects, the standards set forth in the commonwealth’s Opt-in Specialized Energy Code under
389225 CMR 22.00 and 23.00 and the Enterprise Green Communities standards shall be the
390applicable standards for prioritization; provided further, that any project proposing less than full
391compliance with said standards shall provide detailed analysis demonstrating why full
392compliance would render the project infeasible notwithstanding utilization of all available
393federal and state incentives, including rebates and tax credits; provided further, that for retrofits
394of existing units, prioritization shall be given to projects that include energy efficiency and
395electrification decarbonization measures, including, but not limited to, electric or ground source
396heat pumps, net-zero developments, Passive House Institute or equivalent energy efficiency
397certification, and all-electric buildings and projects that incorporate green, sustainable and 19 of 181
398climate-resilient elements; and provided further, that projects that include lower embodied
399carbon construction materials and methods shall be further prioritized .....................$200,000,000
400 7004-0076For state financial assistance in the form of grants or loans for the Housing
401Innovations Trust Fund established in section 2 of chapter 121E of the General Laws; provided,
402that not less than 25 per cent of the funds made available in this item shall be used to fund
403projects that preserve and produce housing for families and individuals with incomes of not more
404than 30 per cent of the area median income, as defined by the United States Department of
405Housing and Urban Development; provided further, that funds expended from this item shall, to
406the maximum extent feasible, be prioritized for projects that comply with decarbonization and
407sustainability standards; provided further, that prioritization shall be determined through
408objective scoring criteria in the Qualified Allocation Plan developed by the executive office of
409housing and livable communities; provided further, that the executive office shall consider
410geographic equity in awarding funds from this item; provided further, that for new construction
411projects, the standards set forth in the commonwealth’s Opt-in Specialized Energy Code under
412225 CMR 22.00 and 23.00 and the Enterprise Green Communities standards shall be the
413applicable standards for prioritization; provided further, that any project proposing less than full
414compliance with said standards shall provide detailed analysis demonstrating why full
415compliance would render the project infeasible notwithstanding utilization of all available
416federal and state incentives, including rebates and tax credits; provided further, that for retrofits
417of existing units, prioritization shall be given to projects that include energy efficiency and
418electrification decarbonization measures, including, but not limited to, electric or ground source
419heat pumps, net-zero developments, Passive House Institute certification or an equivalent energy
420efficiency certification, and all-electric buildings and projects that incorporate green, sustainable 20 of 181
421and climate-resilient elements; and provided further, that projects that include lower embodied
422carbon construction materials and methods shall be further prioritized….................$200,000,000
423 7004-0078For state financial assistance in the form of no interest loans, grants,
424subsidies, credit enhancements and other financial assistance for innovative, sustainable and
425green housing initiatives; provided, that entities eligible to receive financial assistance under this
426item shall include qualified for-profit or nonprofit developers, community development
427corporations, local housing authorities, community action agencies, community-based or
428neighborhood-based nonprofit housing organizations, other nonprofit organizations and for-
429profit entities, and governmental bodies; provided further, that funds may be used to assist units
430occupied by and affordable to persons with incomes not more than 110 per cent of the area
431median income, as defined by the United States Department of Housing and Urban Development
432with priority given to projects that provide higher and deeper levels of affordability; provided
433further, that not less than 25 per cent of the occupants of housing in projects assisted by this item
434shall be persons whose income is not more than 60 per cent of the area median income, as
435defined by the United States Department of Housing and Urban Development; provided further,
436that financial assistance shall be awarded in a manner that promotes geographic, social, racial
437and economic equity; provided further, that funds expended from this item shall, to the
438maximum extent feasible, be prioritized for projects that comply with decarbonization and
439sustainability standards; provided further, that prioritization shall be determined through
440objective scoring criteria in the Qualified Allocation Plan developed by the executive office of
441housing and livable communities; provided further, that for new construction projects, the
442standards set forth in the commonwealth’s Opt-in Specialized Energy Code under 225 CMR
44322.00 and 23.00 and the Enterprise Green Communities standards shall be the applicable 21 of 181
444standards for prioritization; provided further, that any project proposing less than full compliance
445with said standards shall provide detailed analysis demonstrating why full compliance would
446render the project infeasible notwithstanding utilization of all available federal and state
447incentives, including rebates and tax credits; provided further, that for retrofits of existing units,
448prioritization shall be given to projects that include energy efficiency and electrification
449decarbonization measures, including, but not limited to, electric or ground source heat pumps,
450net-zero developments, Passive House Institute certification or an equivalent energy efficiency
451certification, and all-electric buildings and projects that incorporate green, sustainable and
452climate-resilient elements; provided further, that projects that include lower embodied carbon
453construction materials and methods shall be further prioritized; provided further, that financial
454assistance under this item shall be to accelerate and support: (i) innovative strategies for the
455production of affordable and mixed-income housing developments and other market
456transformation activities, including but not limited to: (a) re-use of commercial space, office
457space, and underutilized state- or locally-controlled land or assets, including, but not limited to,
458brownfield or greyfield sites, or other property that the secretary of housing and livable
459communities has determined is suitable for sustainable residential or mixed-use development; (b)
460modular construction, manufactured housing, and other innovative housing models that offer
461development or operating cost savings, utilize advanced and applied technologies, provide
462efficiencies to help accelerate production and incorporate energy efficiency or energy
463conservation into their design, construction or rehabilitation; (c) accessory dwelling units and co-
464housing models; and (d) other market transformation efforts to be determined by the executive
465office of housing and livable communities, which may include, but shall not be limited to, any
466pilot program or demonstration program that is consistent with the purposes of this item; 22 of 181
467provided further, that such strategies may include a mixed income social housing pilot program
468in which a local or regional housing authority or other public or quasi-public entity maintains
469majority ownership or control of such housing; (ii) the creation of low-income and moderate-
470income residential housing units and mixed use developments that include both residential
471housing units and commercial or retail space in close proximity to transit nodes or within
472neighborhood commercial areas including, but not limited to, those areas designated as main
473street areas and rural villages; provided further, that the program shall be administered to: (a)
474maximize the amount of affordable residential and mixed-use space in close proximity to transit
475nodes or within neighborhood commercial areas, resulting in higher density, compact
476development and pedestrian-friendly, inclusive and connected neighborhoods; (b) increase mass
477transit ridership; (c) decrease traffic congestion and reduce greenhouse gas emissions; and (d)
478increase economic opportunity for disadvantaged populations by making it easier for residents of
479affordable housing to access public transportation, including transportation supporting commutes
480to employment centers; provided further, that the program may be administered to include
481projects that have residential units above commercial space located in areas characterized by a
482predominance of commercial land uses, a high daytime or business population or a high
483concentration of daytime traffic and parking; provided further, that the financial subsidy for the
484commercial portion of a project shall not exceed 25 per cent of the total development cost of the
485commercial portion of the project or $1,000,000, whichever is lesser; provided further, that the
486executive office may provide financial support to nonprofit and for-profit developers that enter
487into binding agreements to set aside residential units in existing market-rate, transit-oriented
488housing, over and above any units required to be set aside under local zoning or approvals, for
489rent or sale to income-qualified households at affordable rents or sale prices, as applicable; and 23 of 181
490(iii) the creation and preservation of sustainable and climate resilient affordable multifamily
491housing; provided further, that such financial assistance shall be made to: (a) incorporate
492efficient, sustainable and climate resilient design practices in affordable residential development
493to support positive climate mitigation outcomes; (b) reduce greenhouse gas emissions and
494reliance on fossil fuels; (c) increase resiliency of existing housing developments to mitigate
495impacts of climate change, including flooding and extreme temperatures; and (d) enhance
496emergency preparedness, including sustainable means of power generation to allow for
497sheltering vulnerable populations in place; provided further, that financial assistance provided
498pursuant to clause (i) or clause (iii) may be administered by the executive office of housing and
499livable communities through contracts with the Massachusetts Housing Partnership Fund,
500established in section 35 of chapter 405 of the acts of 1985, or the Massachusetts Housing
501Finance Agency, established in chapter 708 of the acts of 1966, or both, which may, as the case
502may be, directly offer financial assistance for the purposes set forth herein or may enter into
503subcontracts with nonprofit organizations, established pursuant to chapter 180 of the General
504Laws for those purposes; provided further, that financial assistance provided pursuant to clause
505(ii) may be administered by the executive office through contracts with said Massachusetts
506Housing Partnership Fund; provided further, that the executive office of housing and livable
507communities or an administering agency under contract with the executive office may establish
508additional program requirements through regulations or policy guidelines; and provided further,
509that funds may be made available under this item to fund, finance or refinance limited equity
510housing cooperatives pursuant to chapter 157B of the General Laws, including assisting first-
511time buyers to purchase shares of stock in such cooperatives ………………..…....$275,000,000 24 of 181
512 7004-0080For the Middle-Income Housing Fund administered by the Massachusetts
513Housing Finance Agency............................................................................................ $100,000,000
514 SECTION 2A.
515 EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
516 Office of the Secretary
517 1100-2518For costs associated with planning and studies, the preparation of plans
518and specifications, demolition, remediation, construction and relocation of utilities, construction
519and reconstruction of infrastructure, predevelopment, and site preparation; provided, that any
520funds received by a state agency in connection with projects funded from this item may be
521retained by the executive office for administration and finance and expended for the purposes of
522the project, without further appropriation, in addition to the amounts appropriated in this item;
523provided further, that where appropriate, the commissioner of capital asset management and
524maintenance may transfer funds authorized herein in accordance with a delegation of project
525control and supervision process pursuant to section 5 of chapter 7C of the General Laws or for
526the capitalization of the Surplus Real Property Disposition Trust Fund established in section 123;
527and provided further, that funds from this item shall be distributed in furtherance of affordable
528housing production goals and availability of sites suitable for construction or expansion of
529housing opportunities in the commonwealth in consultation with the secretary of housing and
530livable communities...................................................................................................... $30,000,000
531 1599-1953For local housing initiatives; provided, that not less than $1,000,000 shall
532be expended for the Northern Bristol County Assistance Collaborative, Inc. for development
533costs for the Attleboro affordable senior housing project; provided further, that not less than 25 of 181
534$1,000,000 shall be expended for a new connector road in Shrewsbury for new housing units;
535provided further, that not less than $500,000 shall be expended for Holyoke housing authority for
536phase III of South Holyoke homes; provided further, that not less than $100,000 shall be
537expended for the Care drive senior housing project in the town of Erving; provided further, that
538not less than $500,000 shall be expended for Worcester property insurance cancellation repair
539program; provided further, that not less than $100,000 shall be expended for a feasibility study to
540explore affordable housing opportunities in the town of Orange; provided further, that not less
541than $100,000 shall be expended for a feasibility study to explore affordable housing
542opportunities in the town of Winchendon; provided further, that not less than $300,000 shall be
543expended for the removal or securing of blighted or abandoned property on sites to be used for
544affordable, senior, or mixed-use housing in the town of Athol; provided further, that not less than
545$100,000 shall be expended for the removal or securing of blighted or abandoned property on
546sites to be used for affordable, senior, or mixed-use housing in the town of Orange; provided
547further, that not less than $1,000,000 shall be expended for the renovation of Cassilas Farm for
548affordable housing units in New Marlborough; provided further, that not less than $100,000 shall
549be expended for a feasibility study of St. Martin Hall on the property of Shakespeare and
550Company located in the town of Lenox; provided further, that not less than $5,000,000 shall be
551expended for seasonal supportive housing for the non-profit creative economy in Berkshire
552county; provided further, that not less than $500,000 shall be expended for capital improvements
553to the Revere housing authority; provided further, that not less than $200,000 shall be expended
554for the Revere housing authority gold star families public housing development; provided
555further, that not less than $4,000,000 shall be expended for the construction of a new entrance
556and exit ramp on route 1 for safety improvements and planned access to Malden, Revere and the 26 of 181
557overlook development which includes mixed income housing; provided further, that not less than
558$1,000,000 shall be expended for the demolition of the former Winthrop middle school to
559facilitate the development of a mixed-use property including 55 plus housing; provided further,
560that not less than $500,000 shall be expended for capital improvements to the Tyngsborough
561housing authority; provided further, that not less than $500,000 shall be expended for capital
562improvements to the Dracut housing authority; provided further, that not less than $250,000 shall
563be expended to the Shrewsbury housing authority for capital improvements; provided further,
564that not less than $100,000 shall be expended for the design, permitting and construction of a
565road in Bellingham connecting North Main street and Mechanic street to improve access
566between the downtown community and the Massachusetts Bay Transit Authority terminal link by
567improving road infrastructure to allow for 550 new units of housing; provided further, that not
568less than $1,000,000 shall be expended to the Malden housing authority for repairs to the
569Springdale elderly-disabled public housing facility; provided further, that not less than
570$1,000,000 shall be expended for the Malden housing authority for critical infrastructure repairs
571to the Forestdale elderly-disabled public housing facility; provided further, that not less than
572$500,000 shall be expended for the YWCA Malden for renovations to units within its residency
573program for low-income women; provided further, that not less than $500,000 shall be expended
574for the North Star Family Services, Inc.'s journey home family housing in Leominster; provided
575further, that not less than $1,000,000 shall be expended for Clear Path for Veterans New
576England, Inc. veterans housing in Leominster; provided further, that not less than $250,000 shall
577be expended for the Lunenburg housing authority to improve and renovate site conditions in
578Lunenburg; provided further, that not less than $2,000,000 shall be expended for the
579Neighborhood of Affordable Housing, Inc. for the restoration and production of housing at the 27 of 181
580Union Block building in Taunton; provided further, that not less than $500,000 shall be
581expended for NewVue Communities, Inc. redevelopment, renovation and or repurposing of
582underutilized properties; provided further, that not less than $1,000,000 shall be expended for the
583permitting and engineering costs associated with establishing a connection to the Massachusetts
584water resources authority for the town of Walpole through the town of Norwood; provided
585further, that not less than $2,000,000 shall be expended for the city of Fitchburg to assist with the
586redevelopment, renovation and site improvement of underutilized properties to provide
587additional housing capacity; provided further, that not less than $250,000 shall be expended for
588the Townsend housing authority to improve and renovate site conditions in Townsend; provided
589further, that not less than $100,000 shall be expended for the town of Mansfield for development
590in the parkway from North Main street and Chauncy street; provided further, that not less than
591$2,000,000 shall be expended for the Worcester affordable housing trust fund; provided further,
592that not less than $750,000 shall be expended for improvements to the West Boylston housing
593authority; provided further, that not less than $250,000 shall be expended for the Groton housing
594authority to improve and renovate site conditions in Groton; provided further, that not less than
595$250,000 shall be expended to the Pepperell housing authority to improve and renovate site
596conditions in Pepperell; provided further, that not less than $2,000,000 shall be expended for the
597WHEAT Community Connections’ housing project in the town of Clinton; provided further, that
598not less than $250,000 shall be expended to the town of Ashby to improve and renovate site
599conditions in Ashby; provided further, that not less than $1,000,000 shall be expended for
600improvements to the Leicester housing authority; provided further, that not less than $1,000,000
601shall be expended for facility upgrades at Menotomy Manor and the Arlington housing authority;
602provided further, that not less than $250,000 shall be expended to the affordable housing trust 28 of 181
603fund in Dunstable to improve and renovate site conditions in Dunstable; provided further, that
604not less than $1,000,000 shall be expended for elevator replacement at Chestnut Manor in the
605town of Arlington; provided further, that not less than $500,000 shall be expended for fire alarm
606upgrades at the Arlington housing authority; provided further, that not less than $350,000 shall
607be expended for the Worcester housing authority to renovate and preserve affordable units on
608Oberlin street; provided further, that not less than $10,000,000 shall be expended for the
609Springfield housing authority; provided further, that not less than $500,000 shall be expended for
610Meryl's Safe Haven Inc. to complete and operate supportive housing for youth aging out of the
611foster care system; provided further, that not less than $500,000 shall be expended for the design
612of the Belmont housing authority’s expansion project; provided further, that not less than
613$1,000,000 shall be expended in 5 equal amounts over a consecutive 5 year period to the
614Merrimack Valley Housing Partnership, Inc. to support an affordable home ownership pilot
615program to bring down mortgage rates and to increase affordability for qualifying first time
616home buyers purchasing a home in the city of Lowell; provided further, that not less than
617$1,000,000 shall be expended for Inquilinos Boricuas en Acción, Inc. for redevelopment of 2 San
618Juan street in the city of Boson for the conversion from office space to 44 units of affordable
619housing; provided further, that not less than $1,000,000 shall be expended for the Sudbury
620housing trust to develop affordable housing; provided further, that not less than $500,000 shall
621be expended for the Lincoln affordable housing trust to acquire and maintain affordable housing;
622provided further, that not less than $1,000,000 shall be expended for Inquilinos Boricuas en
623Acción, Inc. to redevelop 403 Shawmut avenue in the city of Boston; provided further, that not
624less than $50,000 shall be expended to the Norwell housing authority to improve and renovate
625site conditions in Norwell; provided further, that not less than $2,000,000 shall be expended for 29 of 181
626the expansion of the Massachusetts water resources authority services to municipalities
627bordering the Wachusett reservoir; provided further, that not less than $50,000 shall be expended
628to the Hanson housing authority to improve and renovate site conditions in Hanson; provided
629further, that not less than $50,000 shall be expended for capital improvements to the Charlton
630housing authority; provided further, that not less than $50,000 shall be expended for capital
631improvements at the Dudley housing authority; provided further, that not less than $75,000 shall
632be expended for capital improvements at the Webster housing authority; provided further, that
633not less than $100,000 shall be expended for building upgrades and improvements at the West
634Brookfield housing authority; provided further, that not less than $75,000 shall be expended for
635capital improvements at the Douglas housing authority; provided further, that not less than
636$75,000 shall be expended for improvements at the Sutton housing authority; provided further,
637that not less than $75,000 shall be expended for capital improvements at the Oxford housing
638authority; provided further, that not less than $1,000,000 shall be expended to the North Shore
639Community Development Corporation for costs associated with the el centro project; provided
640further, that not less than $1,500,000 shall be expended to the city of Worcester to create safe
641and supportive housing programming; provided further, that not less than $500,000 shall be
642expended to the city of Worcester’s elder housing repair program to address deferred
643maintenance concerns and housing code violations at elder-owner occupied residential
644properties; provided further, that not less than $1,500,000 shall be expended for the Watertown
645housing authority for the willow park family public housing development; provided further, that
646not less than $1,000,000 shall be expended to the Norwood housing authority; provided further,
647that not less than $200,000 shall be expended for improvements and other costs for safe,
648affordable housing and supportive services at the Merrimack Valley YMCA; provided further, 30 of 181
649that not less than $100,000 shall be expended to the town of Marshfield for site evaluation,
650assessment and preliminary design of the 25 acre Oak street parcel for multi-family housing;
651provided further, that not less than $200,000 shall be expended for the housing assistance
652program at the Greater Lawrence Community Action Council, Inc.; provided further, that not
653less than $30,000 shall be expended to the town of Marshfield for updates to the existing
654Marshfield housing production plan; provided further, that not less than $2,000,000 shall be
655expended for a joint housing development by the Gardner housing authority, Templeton housing
656authority and Winchendon housing authority that focuses on senior citizen housing; provided
657further, that not less than $500,000 shall be expended to the town of Scituate to convert the old
658Gates middle school into senior housing; provided further, that not less than $5,000,000 shall be
659expended to the city of Boston for the affordable housing component of the redevelopment of the
660Boston water and sewer commission parking lots in Roxbury; provided further, that not less than
661$500,000 shall be expended for the Grafton housing authority for building upgrades and general
662improvements; provided further, that not less than $500,000 shall be expended to the
663Northbridge housing authority for building upgrades and improvements; provided further, that
664not less than $25,900 shall be expended for Scituate to update its affordable housing plan;
665provided further, that not less than $1,000,000 shall be expended for the Melrose housing
666authority to make repairs to CJ McCarthy and Julian Steele facilities; provided further, that not
667less than $500,000 shall be expended for the Southborough housing authority for the purchase,
668acquisition, development and site preparation of new affordable housing projects; provided
669further, that not less than $500,000 shall be expended for the Northborough housing authority for
670capital improvement projects and other projects; provided further, that not less than $500,000
671shall be expended for the Westborough affordable housing trust for capital improvements and 31 of 181
672new housing production; provided further, that not less than $1,000,000 shall be expended to
673Hearth Inc. for vital capital repairs across their various properties in the city of Boston; provided
674further, that not less than $1,500,000 shall be expended to and disbursed equally among the local
675housing authorities of the towns of Canton, Stoughton and Avon for capital improvements to
676public housing properties; provided further, that not less than $500,000 shall be expended to the
677Upton housing authority for building upgrades and general improvements; provided further, that
678not less than $500,000 shall be expended for veteran preference housing in the city of Fall River;
679provided further, that not less than $400,000 shall be expended for supportive housing for
680homeless in the city of Fall River; provided further, that not less than $500,000 shall be
681expended to the Winchester housing authority for the planning, design, renovation, maintenance
682or construction of housing; provided further, that not less than $500,000 shall be expended for
683the replacement of shingles and new siding for the Nashmont development of the New Bedford
684housing authority; provided further, that not less than $1,000,000 shall be expended for the
685Wakefield housing authority for the development of the Hurd school into affordable housing for
686persons with disabilities; provided further, that not less than $500,000 shall be expended for
687required utility upgrades at the New Bedford housing authority; provided further, that not less
688than $500,000 shall be expended for the demolition of the existing building and construction of a
689parking deck at 1204 Purchase street in New Bedford; provided further, that not less than
690$50,000 shall be expended for the Topsfield housing authority for power washing and
691renovations at Little Brook Village in Topsfield; provided further, that not less than $6,100,000
692shall be expended for the Brockton yards project in the city of Brockton; provided further, that
693not less than $500,000 shall be expended for the Stoneham housing authority for the planning,
694design, renovation, maintenance or construction of housing; provided further, that not less than 32 of 181
695$500,000 shall be expended for the Amherst municipal affordable housing trust for planning the
696development of affordable housing projects; provided further, that not less than $2,000,000 shall
697be expended for modernization and retrofitting at the West Broadway apartments in the South
698Boston section of Boston; provided further, that not less than $1,000,000 shall be expended for
699the Amherst housing authority for maintenance or capital improvements; provided further, that
700not less than $25,000 shall be expended to the town of Wayland to assist the town with Chapter
70140B monitoring costs; provided further, that not less than $1,000,000 shall be expended for
702improvements to properties under the control of the Wayland housing authority; provided
703further, that not less than $1,000,000 shall be expended for modernization and retrofitting of the
704state-assisted South street apartments in the Jamaica Plain section of the Boston; provided
705further, that not less than $2,000,000 shall be expended for the deep energy retrofit of the
706federally-assisted Mildred C. Hailey apartments in the Jamaica Plain neighborhood in Boston;
707provided further, that not less than $500,000 shall be expended for maintenance or capital
708improvements at Granby housing authority; provided further, that not less than $1,000,000 shall
709be expended for the Natick housing authority; provided further, that not less than $1,000,000
710shall be expended for the Amherst housing authority to implement clean energy modifications on
711properties in Amherst; provided further, that not less than $2,000,000 shall be expended for the
712modernization of the Mary Ellen McCormack development; provided further, that not less than
713$6,000 shall be expended for security cameras at St. Joseph Community, Inc.; provided further,
714that not less than $250,000 shall be expended for the North Reading housing authority; provided
715further, that not less than $3,000,000 shall be expended for the Needham housing authority
716construction costs of affordable housing units at Linden street in Needham; provided further, that
717not less than $250,000 shall be expended for the Lynnfield housing authority; provided further, 33 of 181
718that not less than $3,000,000 shall be expended for the Franklin bridge senior housing project in
719Franklin; provided further, that not less than $1,000,000 shall be expended for the Chelmsford
720housing authority for the redevelopment of the Chelmsford Arms senior housing complex;
721provided further, that not less than $2,000,000 shall be expended for the comprehensive
722modernization and redevelopment of the federally-assisted heritage apartments in Boston;
723provided further, that not less than $500,000 shall be expended for a grant program for
724municipalities that endeavor to establish local offices of housing stability to help tenants in
725housing crises including, but not limited to, unaffordability, fire, natural disaster, eviction or
726condemnation; provided further, that not less than $2,000,000 shall be expended for the
727construction of the transit-oriented development connector parkway in Mansfield from north
728main street to Chauncy street; provided further, that not less than $1,000,000 shall be expended
729for the Resilience Hub in Northampton; provided further, that not less than $2,000,000 shall be
730expended for modernizing the special needs and state-assisted scattered site public housing in
731Boston; provided further, that not less than $50,000 shall be expended for capital improvements
732to the Westfield housing authority; provided further, that not less than $5,000,000 shall be
733expended for the Brooke house, treehouse, and Harvard house projects at the Boston state
734hospital in Boston; provided further, that not less than $2,000,000 shall be expended for the
735state-assisted Gallivan apartments; provided further, that not less than $1,000,000 shall be
736expended for the Brookline housing authority to upgrade kitchens to all-electric appliances;
737provided further, that not less than $200,000 shall be expended for the Brookline Community
738Development Corporation for the development of at least 8 units of affordable housing; provided
739further, that not less than $50,000 shall be expended for an initial survey to develop land for
740affordable housing in Southampton; provided further, that not less than $2,000,000 shall be 34 of 181
741expended for the redevelopment of the federally-assisted Bunker hill apartments in Charlestown;
742provided further, that not less than $100,000 shall be expended to the Abington housing authority
743for building upgrades; provided further, that not less than $500,000 shall be expended to Pioneer
744Valley Habitat for Humanity, Inc. for the construction of a warehouse for the purpose of
745expanding affordable housing in the Connecticut river valley; provided further, that not less than
746$100,000 shall be expended to the Whitman housing authority for building for building
747upgrades; provided further, that not less than $100,000 shall be expended to the East Bridgewater
748housing authority for building upgrades and general improvements; provided further, that not
749less than $3,000,000 shall be expended for the redevelopment of the federally-assisted Patricia
750White apartments in the Brighton section of the city of Boston; provided further, that not less
751than $100,000 shall be expended for improvements to the Auburn housing authority; provided
752further, that not less than $100,000 shall be expended for improvements to the Millbury housing
753authority; provided further, that not less than $100,000 shall be expended for improvements to
754the Leicester housing authority; provided further, that not less than $500,000 shall be expended
755to the Springfield housing authority for security camera improvements at the riverview complex;
756provided further, that not less than $10,000,000 shall be expended for grants and loans to
757developers with not more than $2,000,000 in assets under management to facilitate affordable
758housing production in gateway municipalities; provided further, that not less than $1,500,000
759shall be expended for the Thatcher street project in the city of Brockton; provided further, that
760not less than $500,000 shall be expended to the town of Shutesbury for testing and filtration
761equipment associated with residential wells contaminated by per- and polyfluoroalkyl
762substances; provided further, that not less than $1,000,000 shall be expended to the town of
763Ludlow for the purpose of planning, pre-development, and site preparation for certain buildings 35 of 181
764located at 63 Chestnut street and 54 Windsor street to be used for affordable, senior, or mixed-
765use housing; provided further, that not less than $2,500,000 shall be expended for the affordable
766housing project of the Austin street parking lots in the Charlestown neighborhood in the city of
767Boston; provided further, that not less than $500,000 shall be expended for veteran preference
768housing in the city of Lowell; provided further, that not less than $4,000,000 shall be expended
769for affordable housing production for seniors, veterans and persons with disabilities in the town
770of Braintree; provided further, that not less than $2,500,000 shall be expended for housing
771modernization, water and sewage improvements and retrofit of the Fairmount apartments in the
772Hyde Park neighborhood of the city of Boston; provided further, that not less than $500,000 shall
773be expended to the Springfield Tower Square, LLC for a net-zero clean energy mixed-use
774residential development at 1500 Main street in the city of Springfield; provided further, that not
775less than $500,000 shall be expended to HLRE Development, LLC for the conversion of the
776board of trade block building into affordable and mixed-use housing in the city of Springfield;
777provided further, that not less than $3,000,000 shall be expended for the creation of supportive
778housing for those with mental health and substance abuse disorders in the city of Boston;
779provided further, that not less than $2,000,000 shall be expended to the town of Middleton for
780infrastructure improvements on route 114; provided further, that not less than $10,000,000 shall
781be expended for the Lawrence housing authority for infrastructure and maintenance repairs;
782provided further, that not less than $1,000,000 shall be expended for the city of Haverhill as
783bridge funding for shovel ready housing projects; provided further, that not less than $500,000
784shall be expended to the Haverhill housing authority 335 Groveland supportive housing project;
785provided further, that not less than $5,000,000 shall be expended to the city of Boston to support
786the acquisition of tenanted housing for the purposes of stabilization tenancies and converting 36 of 181
787such property into permanent affordable housing; provided further, that not less than $1,000,000
788shall be expended to provide permanent supportive housing for formerly homeless individuals at
789the 41 LaGrange street project in the city of Boston; provided further, that not less than
790$1,500,000 shall be expended for the New Bedford small developer go fund; provided further,
791that not less than $1,000,000 shall be expended for the International Veterans Care Services Inc
792for the veterans safe haven project; provided further, that not less than $1,500,000 shall be
793expended for the New Bedford office of housing and community development to provide
794financial assistance for development costs of converting commercial to residential housing;
795provided further, that not less than $2,000,000 shall be expended for roadway improvements to
796increase access to new housing units in the town of Rowley; provided further, that not less than
797$500,000 shall be expended for the Brockton housing authority for the planning, design,
798renovation, maintenance or construction of housing; provided further, that not less than $500,000
799shall be expended for the Salem affordable housing trust fund; provided further, that not less than
800$1,000,000 shall be expended for the West Springfield housing authority for capital
801improvement projects and upgrades; provided further, that not less than $100,000 shall be
802expended for a site identification feasibility study for artist housing for the Barrington Stage
803Company, Inc. and Berkshire Theatre Group, Inc. in the city of Pittsfield; provided further, that
804not less than $500,000 shall be expended to the city of Greenfield for affordable, senior or
805mixed-use housing; provided further, that not less than $500,000 shall be expended to Rural
806Development, Inc. for technical assistance; provided further, that not less than $1,000,000 shall
807be expended to Revitalization Effort Toward New Urbanism, Inc for the production of more than
808100 affordable housing units at Merrimack street corridor in the city of Lowell; provided further,
809that not less than $5,000,000 shall be expended for the Suffolk Downs project in the city of 37 of 181
810Boston and the city of Revere; provided further, that not less than $1,000,000 shall be expended
811to the city of Everett for 4 to 8 affordable housing units; provided further, that not less than
812$5,000,000 shall be expended for the transit-orientated development mixed-use housing project
813at Riverside station; provided further, that not less than $2,000,000 shall be expended for the
814comprehensive modernization of the state-assisted Franklin field apartments in the Dorchester
815section of the city of Boston; provided further, that not less than $700,000 shall be expended for
816East Boston Community Development Corporation for repairs and maintenance of income-
817restricted and subsidized rental properties; provided further, that not less than $1,000,000 shall
818be expended to the Belmont Housing Authority for capital improvements to the Sherman
819Gardens public housing development in the town of Belmont; provided further, that not less than
820$500,000 shall be expended to the Watertown Housing Authority for construction of a group
821home at 103 Nichols avenue in the city of Watertown; provided further, that not less than
822$6,500,000 shall be allocated to the comprehensive modernization and redevelopment of the
823federally-assisted Patricia White apartments in the Brighton section of the city of Boston;
824provided further, that not less than $25,000 shall be expended to the town of Hubbardston for the
825redevelopment of the sand pit sites in the town of Hubbardston; provided further, that not less
826than $100,000 shall be expended for improvements to the Holden Housing Authority; provided
827further, that not less than $100,000 shall be expended for improvements to the Leicester Housing
828Authority; provided further, that not less than $500,000 shall be expended to the West Brookfield
829Housing Authority for building upgrades and general improvements; provided further, that not
830less than $1,000,000 shall be expended to the Spencer Housing Authority for facility upgrades;
831provided further, that not less than $2,000,000 shall be expended to the Barre Housing Authority
832for building expansions; provided further, that not less than $5,000,000 shall be expended to the 38 of 181
833Fitchburg Redevelopment Authority for downtown housing development; provided further, that
834not less than $500,000 shall be expended to the Bellingham Housing Authority; provided further,
835that not less than $250,000 shall be expended to the Dover Housing Partnership Committee;
836provided further, that not less than $1,000,000 shall be expended to the Franklin Housing
837Authority; provided further, that not less than $500,000 shall be expended to the Medfield
838Housing Authority; provided further, that not less than $1,000,000 shall be expended to the
839Milford Housing Authority; provided further, than not less than $500,000 hall be expended to the
840Millis Housing Authority; provided further, that not less than $1,000,000 shall be expended to
841the Needham Housing Authority; provided further, than not less than $500,000 shall be
842expended to the Norfolk Housing Authority; provided further, than not less than $500,000 shall
843be expended to the Plainville Housing Authority; provided further, than not less than $250,000
844shall be expended to the Sherborn Housing Trust; provided further, than not less than $500,000
845shall be expended to the Wrentham Housing Authority; provided further, that not less than
846$2,500,000 shall be expended to the Boston Housing Authority for housing modernization, water
847and sewer improvements and retrofitting the Fairmount public housing projects in the Hyde Park
848section of the city of Boston; provided further, that not less than $8,000,000 shall be expended to
849the Lowell Housing Authority for the development of new affordable housing units and new
850veterans supportive housing units; provided further, that not less than $1,000,000 shall be
851expended to the Brockton Housing Authority for the planning, design, renovation, maintenance
852or construction of housing; provided further, that not less than $4,500,000 shall be expended to
853Westmass Area Development Corporation to support the predevelopment, demolition and
854stabilization of properties and expenses associated with the preparation of affordable housing at
855the Ludlow Mills in the town of Ludlow; provided further, that not less than $15,000,000 shall 39 of 181
856be expended to the Disabled American Veterans Department of Massachusetts Service Fund, Inc.
857for the renovation, rehabilitation, construction and establishment of housing for veterans and
858their families; provided further, that not less than $1,000,000 shall be expended to Double Edge
859Theatre Productions Incorporated in the town of Ashfield for the development of affordable
860housing and workforce housing with a community space on a currently underutilized property;
861provided further, that not less than $1,000,000 shall be expended to Berkshire Natural Resources
862Council, Inc. for the construction of new workforce housing and conservation of land and natural
863resources in the town of Egremont on the 225-acre former Egremont Golf Club property;
864provided further, that not less than $1,000,000 shall be expended to the Community
865Development Corporation of South Berkshire, Inc. for the redevelopment and remediation costs
866of new housing projects at the former Thornewood Inn and 100 Bridge street in the town of
867Great Barrington; provided further, that not less than $500,000 shall be expended to Central
868Berkshire Habitat for Humanity, Inc. for the creation of affordable housing projects in Berkshire
869county in collaboration with local communities; provided further, that not less than $1,000,000
870shall be expended to Hilltown Community Development Corporation for the creation of new
871housing and redevelopment of vacant properties in the rural hill towns of Berkshire, Hampden
872and Hampshire counties; provided further, that not less than $500,000 shall be expended to the
873North Adams Housing Authority; provided further, that not less than $500,000 shall be expended
874to Westside Legends, Inc. in the city of Pittsfield for the construction of new affordable
875homeownership units in 5 multifamily residential buildings constructed on a currently vacant lot;
876provided further, that not less than $500,000 shall be expended to the Southwick Housing
877Authority; provided further, that not less than $1,000,000 shall be expended to the Massachusetts
878Housing Finance Agency to be administered as grants to certified sober homes for sprinklers 40 of 181
879installed in accordance with the state building code; provided further, that not less than
880$1,000,000 shall be expended for the town of Harvard to purchase, rehabilitate and make
881improvements to the Bromfield House located at 39 Massachusetts avenue in the town of
882Harvard to provide public housing to immigrant families; provided further, that not less than
883$1,000,000 shall be expended for the Marlborough Housing Authority; provided further, that not
884less than $500,000 shall be expended for the Haverhill Housing Authority for construction of a
88534-unit affordable rental multi-family development at 230 Hilldale avenue in the city of
886Haverhill; provided further, that not less than $500,000 shall be expended for the Hudson
887Housing Authority; provided further, that not less than $1,500,000 shall be expended to the
888Methuen Housing Authority for capital improvements; provided further, that not less than
889$1,500,000 shall be expended to Way Finders, Inc. for a multi-phase housing development on
890South High street in the city of Holyoke; provided further, that not less than $500,000 shall be
891expended for the Acton Housing Authority; provided further, that not less than $500,000 shall be
892expended to the Easthampton Housing Authority for capital improvement projects and upgrades;
893provided further, that not less than $500,000 shall be expended for the Ayer Housing Authority;
894provided further, that not less than $1,500,000 shall be expended to the Melrose Housing
895Authority for critical infrastructure repairs to the CJ McCarthy and Julian Steele elderly-disabled
896public housing facilities; provided further, that not less than $5,000,000 shall be expended for the
897Arlington Housing Authority for envelope repairs and improvements at Menotomy Manor in the
898town of Arlington; provided further, that not less than $1,200,000 shall be expended to the
899Holyoke Housing Authority for capital improvement projects and upgrades; provided further,
900that not less than $1,550,000 shall be expended to the Chicopee Housing Authority for capital
901improvement projects and upgrades; provided further, that not less than $5,000,000 shall be 41 of 181
902expended to the Springfield Housing Authority for capital improvements; provided further, that
903not less than $2,250,000 shall be expended to New North Citizens Council, Inc. for pre-
904development and construction activities related to the redevelopment of the former Brightwood
905School at 471 Plainfield street in the city of Springfield; provided further, that not less than
906$275,000 shall be expended to Way Finders, Inc. for capital improvement projects and upgrades
907to the Southampton Meadows apartments; provided further, that not less than $1,000,000 shall be
908expended to the Wakefield Housing Authority for the development of the former Hurd school
909into affordable housing for individuals with disabilities; provided further, that not less than
910$500,000 shall be expended to the Westfield Housing Authority for capital improvement projects
911and upgrades; provided further, that not less than $1,000,000 shall be expended to the Agawam
912Housing Authority for capital improvement projects and upgrades; provided further, that not less
913than $500,000 shall be expended to the Valley Community Development Corporation for design
914and construction of solar energy systems and development at the Amherst Community Homes
915project in the city known as the town of Amherst; provided further, that not less than $1,000,000
916shall be expended to the West Springfield Housing Authority for capital improvement projects
917and upgrades; provided further, that not less than $500,000 shall be expended for the Littleton
918Housing Authority; provided further, that not less than $2,000,000 shall be expended to Way
919Finders, Inc. for the East Street and the Belchertown Road affordable housing projects in the city
920known as the town of Amherst; provided further, that not less than $1,000,000 shall be expended
921to the Avon Housing Authority to make necessary capital and accessibility improvements to the
922resident community center; provided further, that not less than $1,000,000 shall be expended for
923the town of Leverett for housing development or redevelopment efforts in accordance with the
924town’s comprehensive plan, existing town needs and coordination with neighboring 42 of 181
925municipalities on housing developments that impact both municipalities; provided further, that
926not less than $500,000 shall be expended for the Maynard Housing Authority; provided further,
927that not less than $50,000 shall be expended to the Dedham Housing Authority for maintenance
928and improvements; provided further, that not less than $50,000 shall be expended to the
929Norwood Housing Authority for maintenance and improvements; provided further, that not less
930than $50,000 shall be expended to the Walpole Housing Authority for maintenance and
931improvements; provided further, that not less than $50,000 shall be expended to the Westwood
932Housing Authority for maintenance and improvements; provided further, that not less than
933$2,000,000 shall be expended to the city of Worcester for a lead abatement program; provided
934further, that not less than $500,000 shall be expended to Worcester Common Ground Inc., to
935renovate 9 May street, a nonprofit affordable housing property; provided further, that not less
936than $2,000,000 shall be expended to the city of Worcester for an affordable housing
937preservation program; provided further, that not less than $2,500,000 shall be expended to the
938Main South Community Development Corporation for the development of 100 new affordable
939housing units; provided further, that not less than $500,000 shall be expended for the
940Southborough Housing Authority; provided further, that not less than $2,500,000 shall be
941expended to the Newton Housing Authority for window replacement, energy efficiency upgrades
942to deteriorating existing units and the addition of new affordable units; provided further, that not
943less than $1,000,000 shall be expended to the Wellesley Housing Authority for infrastructure
944updates, maintenance and accessibility projects; provided further, that not less than $500,000
945shall be expended for the Sudbury Housing Authority; provided further, that not less than
946$5,000,000 shall be expended for the development of affordable housing in the city of Lawrence
947for unhoused families, families impacted by domestic violence, veterans and victims of human 43 of 181
948trafficking; provided further, that not less than $500,000 shall be expended for the Wayland
949Housing Authority; provided further, that not less than $500,000 shall be expended to the Dalton
950Housing Authority; provided further, that not less than $1,000,000 shall be expended to the
951Quincy Housing Authority for purposes including, but not limited to, planning, design,
952engineering and construction of public housing units, site and building infrastructure repairs and
953property acquisition; provided further, that not less than $500,000 shall be expended to the
954Abington Housing Authority for purposes including, but not limited to, planning, design,
955engineering and construction of public housing units, site and building infrastructure repairs and
956property acquisition; provided further, that not less than $500,000 shall be expended to the
957Hanover Housing Authority for purposes including, but not limited to, planning, design,
958engineering and construction of public housing units, site and building infrastructure repairs and
959property acquisition; provided further, that not less than $500,000 shall be expended to the
960Holbrook Housing Authority for purposes including, but not limited to, planning, design,
961engineering and construction of public housing units, site and building infrastructure repairs and
962property acquisition; provided further, that not less than $500,000 shall be expended to the
963Rockland Housing Authority for purposes including, but not limited to, planning, design,
964engineering and construction of public housing units, site and building infrastructure repairs and
965property acquisition; provided further, that not less than $600,000 shall be expended for People
966Acting in Community Endeavors, Inc. in the city of New Bedford for the rehabilitation of
967residential units into affordable housing for renters and first-time homebuyers; provided further,
968that not less than $1,000,000 shall be expended for the demolition of the existing building and
969construction of a parking deck at 1204 Purchase street in the city of New Bedford to enable local
970housing development; provided further, that not less than $5,000,000 shall be expended to the 44 of 181
971New Bedford Housing Authority for renovations, repairs and remodeling projects to preserve
972housing stock and improve tenant quality of living; provided further, that not less than $500,000
973shall be expended for Partners in Housing, Inc. for affordable senior housing at the Mendes-
974Monteiro House in the town of Dartmouth; provided further, that not less than $2,000,000 shall
975be expended for the Brookline Housing Authority; provided further, that not less than $2,500,000
976shall be expended to the city of Salem for the redevelopment of the former historic Salem
977superior court and county commissioner's building for mixed; provided further, that not less than
978$1,000,000 shall be expended to the Salem Housing Authority for purposes, including, but not
979limited to, housing-related infrastructure improvements, unit modernization and maintenance;
980provided further, that not less than $1,000,000 shall be expended to the Danvers Housing
981Authority for purposes, including, but not limited to, housing-related infrastructure
982improvements, unit modernization and maintenance; provided further, that not less than
983$1,000,000 shall be expended to the Peabody Housing Authority for purposes, including, but not
984limited to, housing-related infrastructure improvements, unit modernization and maintenance;
985provided further, that not less than $1,000,000 shall be expended to the Beverly Housing
986Authority for purposes, including, but not limited to, housing-related infrastructure
987improvements, unit modernization and maintenance; provided further, that not less than
988$4,500,000 shall be expended to the Malden Housing Authority for critical infrastructure repairs
989to public housing units for seniors and individuals with disabilities; provided further, that not less
990than $500,000 shall be expended to the Braintree Housing Authority; provided further, that not
991less than $500,000 shall be expended to the Bridgewater Housing Authority; provided further,
992that not less than $500,000 shall be expended to the Easton Housing Authority; provided further,
993that not less than $500,000 shall be expended to the Milton Housing Authority; provided further, 45 of 181
994that not less than $500,000 shall be expended to the Randolph Housing Authority; provided
995further, that not less than $500,000 shall be expended to the Stoughton Housing Authority;
996provided further, that not less than $500,000 shall be expended to the West Bridgewater Housing
997Authority; provided further, that not less than $1,000,000 shall be expended to the Bridgewater
998Housing Authority to support a sewer line replacement project; provided further, that not less
999than $1,470,000 shall be expended to Valley Community Land Trust, Incorporated for land
1000acquisition and construction and development of affordable housing in Franklin county; provided
1001further, that not less than $1,000,000 shall be expended to the city of Gloucester for workforce
1002development and affordable housing purposes; provided further, that not less than $250,000 shall
1003be expended for public housing redevelopment at the Monson Developmental Center in the town
1004of Monson; provided further, that not less than $1,000,000 shall be expended for the creation of
1005affordable housing units in the Stevens Linen Mill public housing development project in the
1006town of Dudley; provided further, that not less than $500,000 shall be expended to the town of
1007Northbridge for housing redevelopment projects; provided further, that not less than $500,000
1008shall be expended to the town of Upton for housing infrastructure improvements; provided
1009further, that not less than $1,000,000 shall be expended for sewer, septic, water, storm water
1010management, roads, sidewalks, traffic controls and public safety infrastructure upgrades and
1011expansions that advance projects that support housing development, preservation or
1012rehabilitation in the town of Auburn; provided further, that not less than $1,000,000 shall be
1013expended for sewer, septic, water, storm water management, roads, sidewalks, traffic controls
1014and public safety infrastructure upgrades and expansions that advance projects that support
1015housing development, preservation or rehabilitation in the town of Grafton; provided further, that
1016not less than $1,000,000 shall be expended for sewer, septic, water, storm water management, 46 of 181
1017roads, sidewalks, traffic controls and public safety infrastructure upgrades and expansions that
1018advance projects that support housing development, preservation or rehabilitation in the town of
1019Millbury; provided further, that not less than $1,000,000 shall be expended for sewer, septic,
1020water, storm water management, roads, sidewalks, traffic controls and public safety
1021infrastructure upgrades and expansions that advance projects that support housing development,
1022preservation or rehabilitation in the town of Shrewsbury; provided further, that not less than
1023$1,000,000 shall be expended for sewer, septic, water, storm water management, roads,
1024sidewalks, traffic controls and public safety infrastructure upgrades and expansions that advance
1025projects that support housing development, preservation or rehabilitation in the town of
1026Westborough; provided further, that not less than $2,000,000 shall be expended for sewer, septic,
1027water, storm water management, roads, sidewalks, traffic controls and public safety
1028infrastructure upgrades and expansions that advance projects that support housing development,
1029preservation or rehabilitation in the city of Worcester; provided further, that not less than
1030$500,000 shall be expended to the town of Middleton for infrastructure improvements to support
1031housing and public safety; provided further, that not less than $2,000,000 shall be expended for
1032infrastructure improvement to facilitate housing production along the United States highway
1033route 1 corridor between the town of Topsfield and the town of Salisbury; provided further, that
1034not less than $500,000 shall be expended to the city of Newburyport for the development of
1035housing at the former Brown school located at 40 Milk street in the city of Newburyport;
1036provided further, that not less than $250,000 shall be expended to the town of North Reading for
1037infrastructure improvements to support housing production; provided further, that not less than
1038$250,000 shall be expended to the Rockport Affordable Housing Trust for the production of
1039affordable housing; provided further, that not less than $500,000 shall be expended to Housing 47 of 181
1040Support Inc. in the city of Newburyport for the creation of housing to support populations, which
1041may include, but shall not be limited to, low-income individuals, homeless individuals, people
1042with disabilities, veterans and individuals in recovery in the Merrimack valley; provided further,
1043that not less than $1,000,000 shall be expended to the Greater Boston Community Land Trust for
1044the acquisition, development and rehabilitation of property to be preserved for long-term
1045affordable housing; provided further, that not less than $7,000,000 shall be expended to
1046Children’s Services of Roxbury, Inc. to develop affordable, supportive housing for transition-
1047aged youth facing homelessness or aging out of systems and for homeless families coping with
1048trauma and mental health needs; provided further, that not less than $500,000 shall be expended
1049to the Winchester Housing Authority; provided further, that not less than $500,000 shall be
1050expended to the Cape Cod Chamber of Commerce for the construction of new accessory
1051dwelling units to increase affordable workforce housing through an employer housing
1052partnership program; provided further, that not less than $1,000,000 shall be expended to the
1053Housing Assistance Corporation for the construction and build-out of a regional housing
1054resource center; provided further, that not less than $500,000 shall be expended to the Stoneham
1055Housing Authority; provided further, that not less than $1,000,000 shall be expended to the
1056Canton Housing Authority; provided further, that not less than $1,000,000 shall be expended to
1057the Foxborough Housing Authority; provided further, that not less than $1,000,000 shall be
1058expended to the Sharon Housing Authority; provided further, that not less than $1,000,000 shall
1059be expended to the Norton Housing Authority; provided further, that not less than $1,000,000
1060shall be expended to the North Attleboro Housing Authority; provided further, that not less than
1061$3,000,000 shall be expended to Northern Bristol County Assistance Collaborative, Inc. for
1062development costs for the Attleboro affordable senior housing project; provided further, that not 48 of 181
1063less than $500,000 shall be expended to the Rehoboth Housing Authority for the design and
1064construction of new senior housing units; provided further, that not less than $500,000 shall be
1065expended to the Carver Housing Authority for housing improvements, including, but not limited
1066to, modernization, energy efficiencies and sustainability; provided further, that not less than
1067$500,000 shall be expended to the Dighton Housing Authority for housing improvements,
1068including, but not limited to, modernization, energy efficiencies and sustainability; provided
1069further, that not less than $1,000,000 shall be expended to the Middleborough Housing Authority
1070for housing improvements, including, but not limited to, modernization, energy efficiencies and
1071sustainability; provided further, that not less than $500,000 shall be expended to the Raynham
1072Housing Authority for housing improvements, including, but not limited to, modernization,
1073energy efficiencies and sustainability; provided further, that not less than $3,500,000 shall be
1074expended to the Taunton Housing Authority for housing improvements, including, but not
1075limited to, modernization, energy efficiencies and sustainability; provided further, that not less
1076than $500,000 shall be expended to the Wareham Housing Authority for new senior housing
1077construction and housing improvements, including, but not limited to, modernization, energy
1078efficiencies and sustainability; provided further, that not less than $3,000,000 shall be expended
1079for planning and design of water infrastructure interconnections between municipalities and
1080other public water suppliers affected by the Ipswich river watershed to support current and future
1081housing stock; provided further, that not less than $750,000 shall be expended for the Simonelli
1082Innovation Center at the Hamilton Mills building for an affordable housing development project
1083in the town of Southbridge; provided further, that not less than $1,000,000 shall be expended for
1084the modernization of elevators at the Ruth Lillian Barkley development in the South End section
1085of the city of Boston; provided further, that not less than $1,000,000 shall be expended to the 49 of 181
1086Boston Housing Authority for the modernization of the St. Botolph apartments in the city of
1087Boston; provided further, that not less than $1,000,000 shall be expended to Codman Square
1088Neighborhood Development Corporation for design, construction and maintenance of affordable
1089housing; provided further, that not less than $1,000,000 shall be expended to South Boston
1090Neighborhood Development Corporation for design, construction and maintenance of affordable
1091housing; provided further, that not less than $1,000,000 shall be expended to Caribbean
1092Integration Community Development, Inc. for design, construction and maintenance of
1093affordable housing; provided further, that not less $1,000,000 shall be expended to St. Mary’s
1094Center for Women and Children, Inc. for renovation and construction of supportive housing
1095units; provided further, that not less than $2,000,000 shall be expended to the Boston Housing
1096Authority for the modernization and maintenance of the Monsignor Powers apartments, West
1097Ninth Street apartments and Foley apartments in the South Boston section of the city of Boston;
1098provided further, that not less than $15,000,000 shall be expended to the Boston Housing
1099Authority for the creation of federally-assisted housing in the city of Boston pursuant to the
1100United States Department of Housing and Urban Development’s Rental Assistance
1101Demonstration program or related federal housing programs; provided further, that not less than
1102$5,000,000 shall be expended to the town of Truro to complete water main extension and road
1103work improvements related to the construction of housing at the Walsh Property project;
1104provided further, that not less than $1,000,000 shall be expended to the Somerset Housing
1105Authority for critical infrastructure repairs, maintenance and capital improvement projects;
1106provided further, that not less than $1,000,000 shall be expended to the Swansea Housing
1107Authority for critical infrastructure repairs, maintenance and capital improvement projects;
1108provided further, that not less than $1,000,000 shall be expended to the Westport Housing 50 of 181
1109Authority for critical infrastructure repairs, maintenance and capital improvement projects;
1110provided further, that not less than $5,000,000 shall be expended to the Fall River Housing
1111Authority for facility renovations and security improvements; provided further, that not less than
1112$5,000,000 shall be expended to the city of Boston to automate the ground water monitoring
1113system; provided further, that not less than $2,000,000 shall be expended to the city known as
1114the town of Winthrop for infrastructure and demolition of the former middle school located at
1115141 Pauline street; and provided further, that not less than $1,000,000 shall be expended to the
1116city of Revere for senior housing upgrades and improvements to Revere Housing Authority
1117properties…………………………………………………………………………….$425,756,900
1118 EXECUTIVE OFFICE OF HOUSING AND LIVABLE COMMUNITIES
1119 Office of the Secretary
1120 7004-0077For a local capital projects grant program to support and encourage
1121implementation of the housing choice designation for communities that have demonstrated
1122housing production and adoption of housing best practices, including a grant program to assist
1123MBTA communities in complying with the multi-family zoning requirement in section 3A of
1124chapter 40A of the General Laws..................................................................................$50,000,000
1125 7004-0079For the Smart Growth Housing Trust Fund established in section 35AA of
1126chapter 10 of the General Laws…………………………...…………………………..$20,000,000
1127 7004-0081For a reserve to support the production of for-sale, below market housing
1128to expand homeownership opportunities for first-time homebuyers and socially and economically
1129disadvantaged individuals; provided, that grants and loans to developers shall be used to
1130facilitate production of affordable homeownership units for households earning not more than 51 of 181
1131120 per cent of the area median income; provided further, that projects with units restricted to
1132households with incomes of not more than 80 per cent of the area median income shall receive
1133preference; provided further, that funds expended from this item shall, to the maximum extent
1134feasible, be prioritized for projects that comply with decarbonization and sustainability
1135standards; provided further, that prioritization shall be determined through objective scoring
1136criteria in the Qualified Allocation Plan developed by the executive office of housing and livable
1137communities; provided further, that for new construction projects, the standards set forth in the
1138commonwealth’s Opt-in Specialized Energy Code under 225 CMR 22.00 and 23.00 and the
1139Enterprise Green Communities standards shall be the applicable standards for prioritization;
1140provided further, that any project proposing less than full compliance with said standards shall
1141provide detailed analysis demonstrating why full compliance would render the project infeasible
1142notwithstanding utilization of all available federal and state incentives, including rebates and tax
1143credits; provided further, that for retrofits of existing units, prioritization shall be given to
1144projects that include energy efficiency and electrification decarbonization measures, including,
1145but not limited to, electric or ground source heat pumps, net-zero developments, Passive House
1146Institute certification or an equivalent energy efficiency certification, and all-electric buildings
1147and projects that incorporate green, sustainable and climate-resilient elements; provided further,
1148that projects that include lower embodied carbon construction materials and methods shall be
1149further prioritized; provided further, that the minimum number of units for qualifying projects
1150under the program shall be 10 units unless otherwise approved by the secretary of housing and
1151livable communities; provided further, that funds in this item shall be distributed in a manner that
1152promotes geographic equity; provided further, that grants may include a requirement for
1153matching funds; provided further, that the executive office of housing and livable communities 52 of 181
1154may enter into such contracts and agreements with the Massachusetts Housing Finance Agency,
1155or such other public agencies and instrumentalities as it may determine, for the administration of
1156such program; and provided further, that not more than 5 per cent of this item shall be used for
1157the reasonable costs of administering the program......................................................$100,000,000
1158 7004-0082For grants and technical assistance for municipalities and regional
1159applicants to support planning and locally-driven initiatives related to community development,
1160housing production, workforce training and economic opportunity, childcare and early education
1161initiatives and climate resilience initiatives, including nature-based solutions projects, that
1162incorporate these elements, across the commonwealth within individual communities, regions or
1163a defined subset of communities therein; provided, that funds may be expended for culturally
1164competent and multi-lingual technical assistance and training to small businesses; provided
1165further, that preference for such funds shall be given to businesses located in low- or moderate-
1166income areas and owned by socially and economically disadvantaged individuals; and provided
1167further, that grants shall be awarded in a manner that promotes geographic equity.....$25,000,000
1168 7004-0083For the HousingWorks infrastructure program established in section 27½
1169of chapter 23B of the General Laws; provided, that the executive office shall consider
1170geographic equity in awarding funds from this item ………………………………..$175,000,000
1171 7004-0085For state financial assistance to cities and towns or agencies, boards,
1172commissions, authorities, departments or instrumentalities thereof or community development
1173corporations or nonprofit organizations to assist in the revitalization of neighborhoods and
1174communities with properties in blighted or substandard conditions by subsidizing the purchase
1175price, borrowing costs or costs of demolition or renovation projects of not more than 50 units of 53 of 181
1176residential rental housing or 1 to 4 units, inclusive, of home ownership residential housing that
1177have been cited for building or sanitary code violations or that are subject to cancellation of
1178commercial property insurance due to substandard property conditions or are otherwise blighted
1179or substandard; provided, that contracts entered into by the executive office of housing and
1180livable communities for those projects may include, but shall not be limited to, projects
1181providing for demolition, renovation, remodeling, reconstruction, redevelopment and hazardous
1182material abatement, including asbestos and lead paint, and for compliance with state codes and
1183laws and for adaptations necessary for compliance with the Americans with Disabilities Act of
11841990; provided further, that preference shall be given to community development corporations
1185and local non-profit organizations, organizations sponsoring projects that secure private funds
1186and projects with the greatest impact on community stabilization in weak markets, including, but
1187not limited to, rural communities and communities that have been disproportionately affected by
1188disinvestment, foreclosure and abandonment; provided further, that financial assistance shall be
1189awarded in a manner that promotes geographic, social, racial and economic equity; provided
1190further, that funds expended from this item shall, to the maximum extent feasible, be prioritized
1191for projects that comply with decarbonization and sustainability standards; provided further, that
1192prioritization shall be determined through objective scoring criteria in the Qualified Allocation
1193Plan developed by the executive office of housing and livable communities; provided further,
1194that for new construction projects, the standards set forth in the commonwealth’s Opt-in
1195Specialized Energy Code under 225 CMR 22.00 and 23.00 and the Enterprise Green
1196Communities standards shall be the applicable standards for prioritization; provided further, that
1197any project proposing less than full compliance with said standards shall provide detailed
1198analysis demonstrating why full compliance would render the project infeasible notwithstanding 54 of 181
1199utilization of all available federal and state incentives, including rebates and tax credits; provided
1200further, that for retrofits of existing units, prioritization shall be given to projects that include
1201energy efficiency and electrification decarbonization measures, including, but not limited to,
1202electric or ground source heat pumps, net-zero developments, Passive House Institute
1203compliance or an equivalent energy efficiency certification, and all-electric buildings and
1204projects that incorporate green, sustainable and climate-resilient elements; provided further, that
1205projects that include lower embodied carbon construction materials and methods shall be further
1206prioritized; provided further, that such rehabilitated housing shall remain affordable for such
1207period as shall be established by the executive office through guidance taking into account
1208differences in market conditions and the type of restrictions best suited to promoting community
1209stabilization in different markets; and provided further, that an amount not to exceed 2 per cent
1210of the amount expended may be used for administrative costs directly attributable to the purposes
1211of this program, including costs of support personnel...................................................$50,000,000
1212 SECTION 2B.
1213 EXECUTIVE OFFICE OF HOUSING AND LIVABLE COMMUNITIES
1214 Office of the Secretary
1215 7004-4784For the Massachusetts Housing Finance Agency established in section 3 of
1216chapter 708 of the acts of 1966, to capitalize a permanent, revolving Residential Production
1217Momentum Fund for the purpose of accelerating the development of mixed-income and
1218workforce multifamily housing production projects by providing financial assistance in the form
1219of innovative, low-cost, and flexible capital funding, which may be in the form of debt, equity, or
1220other instruments, depending on individual underwriting needs of the project; provided, that not 55 of 181
1221less than 20 per cent of the units in a project that receives financial assistance under this item
1222shall be restricted to households with incomes between 60 per cent and 120 per cent, inclusive,
1223of the area median income; provided further, that, notwithstanding paragraph (f) of section 5 of
1224said chapter 708, the Agency may in its discretion set the term and prepayment options for any
1225mortgage or other loan or instrument issued to any project receiving such financial assistance
1226based on the individual underwriting needs of the project; provided further, that such financial
1227assistance shall be awarded in a manner that promotes geographic equity; provided further, that
1228funds expended from this item shall, to the maximum extent feasible, be prioritized for projects
1229that comply with decarbonization and sustainability standards; provided further, that
1230prioritization shall be determined through objective scoring criteria in the Qualified Allocation
1231Plan developed by the executive office of housing and livable communities; provided further,
1232that for new construction projects, the standards set forth in the commonwealth’s Opt-in
1233Specialized Energy Code under 225 CMR 22.00 and 23.00 and the Enterprise Green
1234Communities standards shall be the applicable standards for prioritization; provided further, that
1235any project proposing less than full compliance with said standards shall provide detailed
1236analysis demonstrating why full compliance would render the project infeasible notwithstanding
1237utilization of all available federal and state incentives, including rebates and tax credits; provided
1238further, that for retrofits of existing units, prioritization shall be given to projects that include
1239energy efficiency and electrification decarbonization measures, including, but not limited to,
1240electric or ground source heat pumps, net-zero developments, Passive House Institute
1241certification or an equivalent energy efficiency certification, and all-electric buildings and
1242projects that incorporate green, sustainable and climate-resilient elements; provided further, that
1243projects that include lower embodied carbon construction materials and methods shall be further 56 of 181
1244prioritized; and provided further, that not more than $13,000,000 shall be expended for new
1245affordable housing units at the 1234-1240 Soldiers Field Road Project approved by the Boston
1246Redevelopment Authority pursuant to document number 8044 in the city of
1247Boston............................................................................................................................$50,000,000
1248 SECTION 3. The first paragraph of subsection (b) of section 1 of chapter 23B of the
1249General Laws, as appearing in section 102 of chapter 7 of the acts of 2023, is hereby amended by
1250inserting after clause (xvii) the following clause:-
1251 (xviii) Develop and implement, not less than once every 5 years, a written comprehensive
1252housing plan for the commonwealth, which shall include, but not be limited to, housing supply
1253and demand data, affordability and affordability gaps, identification of housing affordability
1254challenges and needs by region, an analysis of local zoning and strategies to address such
1255housing needs.
1256 SECTION 4. Section 27½ of said chapter 23B, inserted by section 117 of said chapter 7,
1257is hereby amended by striking out subsections (a) and (b) and inserting in place thereof the
1258following 2 subsections:-
1259 (a) There shall be in the executive office of housing and livable communities a
1260HousingWorks infrastructure program to: (i) issue infrastructure grants that support housing to
1261municipalities and other public entities for design, construction, building, rehabilitation, repair
1262and other improvements to infrastructure that support the objectives of the secretariat, including,
1263but not limited to, sewers, utility extensions, streets, roads, curb-cuts, parking, water treatment
1264systems, telecommunications systems, transit improvements, public parks and spaces that
1265support planned or proposed housing improvements and pedestrian and bicycle ways; or (ii) 57 of 181
1266assist municipalities to advance projects that support housing development, preservation or
1267rehabilitation. Preference for grants or assistance under this section shall be given to: (A)
1268infrastructure serving locations within 0.5 miles of a transit station or transit route; (B) other
1269eligible locations as defined in section 1A of chapter 40A; (C) multi-family zoning districts that
1270comply with section 3A of said chapter 40A; and (D) projects that support housing in rural and
1271small towns, as defined by the executive office.
1272 (b) A project that uses grants to municipalities for public infrastructure provided by this
1273section shall be procured by a municipality in accordance with chapter 7, section 39M of chapter
127430, chapter 30B and chapter 149.
1275 SECTION 5. Said chapter 23B is hereby further amended by adding the following 6
1276sections:-
1277 Section 31. (a) There shall be within the executive office of housing and livable
1278communities an office of fair housing. The secretary of housing and livable communities shall
1279appoint a director of the office who shall serve at the pleasure of the secretary.
1280 (b) The office shall:
1281 (i) collaborate with state agencies on policies and strategies to: (A) advance the
1282elimination of housing discrimination and increase access to fair housing; (B) overcome patterns
1283of segregation; (C) foster inclusive communities without barriers that restrict access for
1284individuals or groups protected from unlawful practices pursuant to chapter 151B; and (D)
1285support enforcement of and compliance with all fair housing laws, including, but not limited to,
1286said chapter 151B and the federal Fair Housing Act, 42 U.S.C. 3601 et seq.; 58 of 181
1287 (ii) facilitate communication and partnership among state agencies and municipalities to
1288identify the intersections between activities of state agencies, activities of municipalities and fair
1289housing;
1290 (iii) facilitate the development of interagency initiatives to examine and address the social
1291and economic determinants of housing disparities, including, but not limited to: (A) equal access
1292to quality housing; (B) housing affordability; (C) access and proximity to multimodal
1293transportation options, including cost of such transportation; (D) air, water and land usage and
1294quality, including, but not limited to, consideration of environmental justice principles as defined
1295in section 62 of chapter 30; (E) employment and workforce development; (F) access to
1296healthcare; (G) access to and quality of education; and (H) language access; and
1297 (iv) administer the Fair Housing Fund established in section 2FFFFFF of chapter 29.
1298 (c)(1) Not less than every 5 years, the office shall prepare a report evaluating the progress
1299of the commonwealth toward eliminating housing discrimination and increasing access to fair
1300housing. The report shall comply with applicable federal requirements for analysis and reporting.
1301Where possible, the report shall include quantifiable measures and comparative benchmarks and
1302shall detail progress on a regional basis. The office shall hold public hearings in geographically
1303diverse regions of the commonwealth to gather public information on the topics of the report.
1304 (2) Annually, the office shall prepare a supplemental report describing the activities and
1305outcomes of the Fair Housing Fund established in section 2FFFFFF of chapter 29.
1306 (3) Reports pursuant to this subsection shall be filed with the clerks of the house of
1307representatives and senate and the chairs of the joint committee on housing not later than July 1 59 of 181
1308in the year in which each such report is due. Each report shall be posted publicly on the office’s
1309website.
1310 Section 32. (a) For the purposes of this section “year-round housing”, shall mean housing
1311for occupancy by persons or families who occupy either rental or other housing as their principal
1312residence for not less than 10 months a year and “attainable housing” shall mean housing that is
1313affordable for year-round residents with incomes under a level set by the undersecretary in
1314consultation with the seasonal communities advisory council.
1315 (b) The secretary may designate a municipality as a seasonal community; provided,
1316however, that all municipalities in the counties of Dukes and Nantucket and all municipalities
1317with over 35 per cent seasonal housing units in the county of Barnstable, as determined by the
1318executive office in consultation with the Cape Cod commission established in chapter 716 of the
1319acts of 1989 and all municipalities with more than 40 per cent seasonal housing units in the
1320county of Berkshire, as determined by the executive office in consultation with the Berkshire
1321regional planning commission, shall receive such designation. The executive office may
1322designate additional municipalities as seasonal communities based on consideration of the
1323following factors: (i) a high rate of short-term rentals in relation to the overall housing inventory;
1324(ii) a significant population increase in seasonal visitors; (iii) an excessive disparity between the
1325area median income and the income required to purchase the municipality’s median home price;
1326(iv) the percentage of housing stock that is used for seasonal, occasional or recreational use or is
1327otherwise not used as a primary residence by the property’s owner; and (v) high variations in the
1328average monthly variation of employment in the sector over the full year, in relation to the
1329municipality’s minimum employment threshold. A municipality designated by the executive
1330office as a seasonal community pursuant to this section shall accept or deny the designation by 60 of 181
1331vote of its legislative body. The secretary shall consult with the advisory council established in
1332subsection (c) to review additional municipalities under consideration to receive the seasonal
1333community designation.
1334 (c) The executive office shall convene an advisory council to offer expertise in issues
1335pertaining to municipal government, the hospitality industry, the tourism industry, housing law
1336and housing development and finance in seasonal communities. The council shall consist of: the
1337secretary or a designee, who shall serve as chair; 1 member of the senate appointed by the senate
1338president, who represents a district in which at least 1 municipality is designated as a seasonal
1339community; 1 member of the house of representatives appointed by the speaker of the house of
1340representatives, who represents a district in which at least 1 municipality is designated as a
1341seasonal community; 1 person appointed by the Massachusetts Municipal Association, Inc.; and
1342the following persons to be appointed by the secretary: 1 person who shall be a representative of
1343the developer community and is a resident of a municipality designated as a seasonal
1344community; 1 person who shall be a licensed real estate agent with the board of registration of
1345real estate brokers and salespersons and is a resident of a municipality designated as a seasonal
1346community; 1 person to represent each regional planning agency whose jurisdiction encompasses
1347at least 1 municipality designated as a seasonal community; 1 licensed attorney who practices in
1348the area of land use and who is a resident of a municipality designated as a seasonal community;
1349and 1 person who shall be a representative of the lending and banking community and who is a
1350resident of a municipality designated as a seasonal community. The secretary may appoint
1351additional members with knowledge and with expertise in land use law, fair housing law,
1352municipal law and operations or the housing needs of seasonal communities. The council shall
1353adopt by-laws to govern its affairs. The council shall provide advice and recommendations to the 61 of 181
1354executive office regarding policies or programs necessary to serve the distinct needs of seasonal
1355communities, including, but not limited to, accessing specialized or general application grant
1356programs and best practices on incentivizing the production of attainable year-round housing in
1357seasonal communities. Annually, not later than December 31, the council shall submit a report of
1358any recommendations to the executive office, the clerks of the house of representatives and the
1359senate and the joint committee on housing.
1360 The executive office shall review, on an as-needed basis, the ongoing needs of
1361municipalities designated as seasonal communities and may deny a municipality’s continued
1362seasonal community designation based on the municipality’s ongoing needs and eligibility.
1363 (d) A seasonal community may: (i) acquire year-round housing occupancy restrictions for
1364rental or other housing; provided, however, that any such year-round housing occupancy
1365restriction held by a city or town shall be construed as a restriction held by a governmental body
1366with the benefit of section 26 of chapter 184; (ii) acquire and develop housing units with
1367preference for housing seasonal community public employees that are necessary to the health
1368and safety of maintaining a year-round community, including teachers, public works employees,
1369public safety employees, first responders, town administrators and other employees essential for
1370municipal operations as described under section 42(g)(9)(B) of the Internal Revenue Code; (iii)
1371expend funds to develop, on a biannual basis, a comprehensive housing needs assessment; (iv)
1372establish a Year-Round Housing Trust Fund, individually or with other seasonal communities, to
1373provide for the creation and preservation of affordable and attainable housing in seasonal
1374communities for the benefit of year-round residents; provided, however, that the executive office
1375of housing and livable communities, in consultation with the seasonal communities advisory
1376council established in subsection (c), shall promulgate regulations pertaining to the membership, 62 of 181
1377powers and duties of the trust; and (v) expend funds designated for the creation and preservation
1378of year-round affordable and attainable housing for individuals who, by vocation, produce or
1379support artistic and literary activities.
1380 (e) For the purposes of this section, “tiny house” shall mean a detached structure
1381containing a dwelling unit containing 400 square feet or less in floor area, excluding lofts. A
1382seasonal community shall: (i) adopt by-laws or zoning ordinances to permit undersized lots to be
1383used for the creation of attainable year-round housing; provided, however, that the lot, at the time
1384of recording or endorsement, shall be located in a zoning district that allows for single-family
1385residential use; provided further, that any single-family residential structure constructed on said
1386lot shall adhere to the municipality’s floor area ratio by-laws and shall comply with all laws
1387governing wastewater and sewer systems; and provided further, that any residential housing built
1388upon undersized lots shall not be used as a seasonal home or short-term rental of less than 6
1389months and shall be used as year-round housing; and (ii) adopt by-laws to permit the
1390construction of tiny houses provided that such tiny houses are designated for use as year-round
1391housing units and meet all requirements of the state building code and local building code. A
1392movable tiny house shall be registered with the registry of motor vehicles, as applicable.
1393 (f) A seasonal community may increase the exemption established in section 5C of
1394chapter 59, at the option of the board of selectmen in a town or the mayor, with the approval of
1395the city council, in a city 50 per cent of the average assessed value of all Class One, residential
1396parcels within such city or town; provided, however, that the exemption shall be applied only to
1397the principal residence of the taxpayer as used by the taxpayer for income tax purposes. 63 of 181
1398 (g) A seasonal community designated pursuant to this section may apply to the executive
1399office of housing and livable communities for a waiver from any of the requirements of this
1400section. In deciding whether to grant the municipality’s request for a waiver, the executive office
1401may consider whether the requirements of this section can reasonably be carried out by existing
1402town staff or a regional staff person performing equivalent duties.
1403 (h) The executive office shall promulgate regulations or guidance to carry out this
1404section.
1405 Section 33. (a) As used in this section and section 34, the following words shall, unless
1406the context clearly requires otherwise, have the following meanings:
1407 “Eligible applicant”, an owner of residential property in the commonwealth who, as
1408determined by the executive office of housing and livable communities: (i) is an owner-occupant,
1409small landlord or larger landlord; (ii) meets any income eligibility and other requirements of the
1410program established by the executive office; and (iii) owns a property with habitability concerns.
1411 “Existing home repair programs”, financial assistance administered by governmental,
1412quasi-governmental and nonprofit organizations, or the contractors and assignees of such
1413entities, that provide services to repair residential housing, including, but not limited to, mixed-
1414use projects that include residential housing.
1415 “Habitability concerns”, home repairs that are required to ensure residential units are: (i)
1416fit for human habitation; (ii) free from defective conditions and health and safety hazards,
1417including, but not limited to, asbestos, mold, pests and lead; and (iii) free of conditions
1418preventing installation of measures to improve energy or water efficiency, utilize renewable
1419energy or lower utility costs. 64 of 181
1420 “Larger landlord”, an individual who has title to more than 1 residential unit and who
1421does not meet the definition of owner-occupant or small landlord.
1422 “Low-income owner-occupant”, an owner-occupant with a household income of not
1423more than 80 per cent of the area median income.
1424 “Moderate-income owner-occupant”, an owner-occupant with a household income of at
1425least 80 per cent but not more than 135 per cent of the area median income.
1426 “Other eligible owner-occupant”, an owner-occupant who does not meet the definition of
1427a low-income owner-occupant or moderate-income owner-occupant and leases at least 1 other
1428residential unit in the building.
1429 “Owner-occupant”, an individual who has title to a residential building with at least 1 and
1430not more than 3 units and who resides in at least 1 of the units as their principal residence.
1431 “Small landlord”, an individual who has title to a building with no more than 3 residential
1432units and does not live in the building for at least 6 months of any year, or who has title to a
1433building with 4 or more residential units; provided that, such an individual shall have financial
1434interest in neither more than 3 buildings nor more than 15 residential units.
1435 (b) The executive office shall establish a Massachusetts healthy homes program and
1436make reasonable efforts to coordinate with other governmental, quasi-governmental and
1437nonprofit organizations administering programs that create a healthier environment for residents,
1438including, but not limited to, rehabilitating existing housing or making homes lead-safe. The
1439executive office may contract with other governmental, quasi-governmental and nonprofit
1440organizations to administer 1 or more of these programs to address habitability concerns. 65 of 181
1441 (c)(1) The executive office may make grants or loans available to eligible applicants to
1442ensure owner-occupied and rental units are free of habitability concerns.
1443 (2) Assistance in the form of grants and loans shall be provided to eligible applicants
1444consistent with the following requirements to ensure owner-occupied and rental units are free of
1445habitability concerns:
1446 (i) For low-income owner-occupants, the assistance shall be provided as a grant.
1447 (ii) For moderate-income owner-occupants, the assistance shall be provided as a 0 per
1448cent interest deferred payment loan with no repayment due until sale or refinancing of the
1449property. If the moderate-income owner-occupant continues to own the property for 3 years after
1450receiving the loan, the loan shall be forgiven.
1451 (iii) For small landlords and other eligible owner-occupants, but not including larger
1452landlords, the assistance shall be provided as a 0 per cent interest deferred payment loan with no
1453repayment due until sale or refinancing of the property. Small landlords or other eligible owner-
1454occupants, but not including larger landlords, may apply for loan forgiveness after 3 years
1455following receipt of the loan. The executive office shall forgive the loan if the executive office
1456determines that the small landlord or other eligible owner-occupant, but not including larger
1457landlords, has: (A) owned the property without interruption after having received the loan; (B)
1458addressed all habitability concerns in a timely fashion; (C) not evicted tenants, other than for
1459cause; and (D) kept rent increases to not more than 5 per cent per year in each of the past 3 years.
1460 (iv) For larger landlords, the assistance shall be provided as a below-market-rate loan
1461with an interest rate and repayment terms determined by the executive office. The executive
1462office shall provide the below-market-rate loan only to a larger landlord who executes an 66 of 181
1463agreement with the executive office that, for a term of 3 years, requires the landlord who owns
1464such property to: (A) maintain ownership of the property without interruption after having
1465received the loan; (B) address all habitability concerns in a timely fashion; (C) not evict tenants,
1466other than for cause; and (D) keep rent increases to not more than 5 per cent per year for each of
1467the 3 years. If a larger landlord does not comply with the requirements of the loan, the executive
1468office may require immediate repayment of the assistance.
1469 (d) The executive office, and any entity administering the Massachusetts healthy homes
1470program on the executive office’s behalf, shall administer the Massachusetts healthy homes
1471program consistent with guidelines and forms established by the executive office. The executive
1472office, and any other administering entity, shall strive to, in its administration of the program,
1473provide grants and loans to address habitability concerns and shall: (i) augment funds from other
1474home repair programs; (ii) increase retention in workforce development programs associated
1475with home repairs; (iii) provide technical assistance to address habitability concerns; and (iv)
1476support outreach, including, but not limited to, minimizing cultural, linguistic or other barriers
1477and maximizing access to program resources.
1478 (e)(1) Grants or loans from the Massachusetts healthy homes program shall not exceed
1479$50,000 per unit, unless the executive office waives this limit upon a determination of the
1480necessity of such waiver; provided, that the average amount of assistance shall not exceed
1481$50,000 per unit.
1482 (2) Not less than 50 per cent of any funds from the Massachusetts healthy homes program
1483shall be made to owners of buildings located in a gateway municipality as defined in section 3A
1484of chapter 23A. 67 of 181
1485 (f) Annually, not later than June 30, the executive office shall report on the Massachusetts
1486healthy homes program to the clerks of the house of representatives and the senate, the joint
1487committee on housing and the house and senate committees on ways and means. The report shall
1488include: (i) the number of projects completed through the Massachusetts healthy homes program
1489addressing habitability concerns; (ii) the locations of projects completed through the
1490Massachusetts healthy homes program throughout the commonwealth; (iii) the total amount of
1491grants or loans authorized; (iv) the number of projects using existing home repair programs; and
1492(v) the breakdown of landlord owned properties and owner-occupied properties with habitability
1493concerns addressed through the Massachusetts healthy homes program. The executive office
1494shall make the report publicly available on its website.
1495 (g) The executive office shall promulgate guidance or regulations necessary to carry out
1496this section.
1497 Section 34. (a) There shall be within the executive office of housing and livable
1498communities a Massachusetts healthy homes program fund. The fund shall be credited with: (i)
1499revenue from appropriations or other money authorized by the general court and specifically
1500designated to be credited to the fund; (ii) interest earned on such revenue; and (iii) funds from
1501public and private sources and other gifts, grants and donations to support the habitability
1502concerns, including, but not limited to, funds from governmental, quasi-governmental, nonprofit
1503organizations, for-profit organizations and individuals; provided, that any funds received from
1504private organizations and individuals shall be made without conditions and without recourse.
1505Amounts credited to the fund shall not be subject to further appropriation and any money
1506remaining in the fund at the end of a fiscal year shall not revert to the General Fund. 68 of 181
1507 (b) The executive office shall administer the fund consistent with the requirements of the
1508Massachusetts healthy homes program established in section 33.
1509 (c) Annually, not later than June 30, the executive office shall report on all expenditures
1510from the Massachusetts healthy homes program fund to the clerks of the house of representatives
1511and the senate, the joint committee on housing and the house and senate committees on ways and
1512means. The executive office shall make the report publicly available on its website.
1513 Section 35. (a) As used in this section, the following words shall, unless the context
1514clearly requires otherwise, have the following meanings:
1515 “Homeless”, a veteran: (i) who is undomiciled and unable to secure permanent and stable
1516housing without special assistance, including, but not limited to, a veteran who is inappropriately
1517housed in an institutional facility and can safely live in the community where services are
1518provided; (ii) in a transitional housing facility without permanent domicile; (iii) in the
1519community, released or discharged after incarceration and who is without permanent and stable
1520housing; or (iv) who is in danger of becoming homeless due to circumstances and criteria
1521established by the secretary, in consultation with the secretary of veterans’ services.
1522 “Qualified nonprofit organization”, a private nonprofit organization: (i) with
1523demonstrated success in developing or operating transitional and permanent housing programs
1524for veterans; and (ii) that is committed to ending veteran homelessness.
1525 (b) The secretary of housing and livable communities, in consultation with the secretary
1526of veterans’ services, shall establish a veterans supportive housing program to assist qualified
1527nonprofit organizations to develop and preserve supportive housing for eligible veterans. The 69 of 181
1528qualified nonprofit organization shall provide wrap around services to meet the needs of eligible
1529veterans.
1530 (c) Eligibility for supportive housing shall include:
1531 (i) veterans and their families, or individual veterans, who are homeless and have an
1532unmet housing need as determined by the secretary; and
1533 (ii) veterans who have 1 or more disabilities or other life challenges, including, but not
1534limited to: (A) serious mental illness; (B) substance use disorder; (C) living with HIV or AIDS,
1535or another chronic condition or affliction; (D) being a victim or survivor of domestic violence;
1536and (E) post-traumatic stress disorder.
1537 (d)(1) The secretary may contract with a qualified nonprofit organization to establish
1538veterans supportive housing pursuant to subsection (b) for a term of not more than 5 years and
1539may renew a contract with a qualified nonprofit organization for like terms in accordance with
1540the procedures established by the secretary, in consultation with the secretary of veterans’
1541services, for the development and preservation of supportive housing for veterans.
1542 (2) The secretary may award up to $20,000 per eligible veteran pursuant to subsection (c)
1543in a calendar year to a qualified nonprofit organization that enters into a contract pursuant to
1544paragraph (1).
1545 (3) The qualified nonprofit organization shall secure funding for the development and
1546preservation of any supportive housing project within 2 years from the date of the award. The
1547secretary shall establish procedures for the repayment of funds by qualified nonprofit
1548organizations that fail to secure funding within the 2-year period. 70 of 181
1549 (e) The secretary, in consultation with the secretary of veterans’ services, shall
1550promulgate rules or regulations for the administration of the veterans supportive housing
1551program.
1552 Section 36. (a) As used in this section, the following words shall, unless the context
1553clearly requires otherwise, have the following meanings:
1554 “Development cost”, an expenditure directly related to the construction or substantial
1555rehabilitation of a qualified conversion project, including, but not limited to, the cost of site
1556assessment and remediation of hazardous materials; provided, however, that development cost
1557shall not include the purchase of the property.
1558 “Executive office”, the executive office of housing and livable communities.
1559 “Market rate residential unit”, a residential unit priced consistently with prevailing rents
1560or sale prices in the municipality as determined by the executive office.
1561 “Qualified conversion project”, the rehabilitation of a commercial property, including,
1562but not limited to, commercial centers, office parks and commercial buildings located on main
1563streets or downtown municipal areas, for primary multi-unit residential use or mixed-use, which
1564may include retail or other commercial uses, that: (i) contains not less than 2 residential units;
1565provided, however, that the project may be a mixed-use development that includes commercial
1566uses in addition to residential units if the building is primarily residential; (ii) contains at least 80
1567per cent market rate residential units upon completion of the rehabilitation, to be sold or leased;
1568(iii) prior to conversion, such building was nonresidential real property, as defined in section 168
1569of the Internal Revenue Code, all or a portion of which was leased, or available for lease, to 71 of 181
1570office tenants; and (iv) such building was initially placed in service at least 5 years before the
1571beginning of the conversion.
1572 “Sponsors”, as defined in section 25 of chapter 23B.
1573 “Substantial rehabilitation” or “substantially rehabilitated”, the necessary major
1574redevelopment, repair and renovation of a property, including, but not limited to, site assessment
1575and remediation of hazardous materials, but excluding the purchase of the property, as
1576determined by the executive office.
1577 (b) The executive office shall establish a program for qualified conversion projects,
1578which shall be administered by the executive office. The purpose of the program shall be to
1579assist in the conversion of commercial properties into residential properties.
1580 (c)(1) The executive office may certify 1 or more housing development projects as a
1581qualified conversion project: (i) upon timely receipt of a project proposal requesting the
1582designation as a qualified conversion project from a sponsor; provided, that a project proposal
1583shall be submitted in a form and with information as determined by the executive office, and
1584shall be supported by independently verifiable information and signed under the penalties of
1585perjury; and (ii) if the executive office determines that the project, together with any municipal
1586resources committed to the project, shall have a reasonable chance of increasing residential
1587growth, diversity of housing supply, supporting economic development and promoting
1588neighborhood stabilization as advanced in the proposal as a qualified conversion project.
1589 (2) Prior to construction, the executive office shall certify that the proposed project meets
1590the definition of a qualified conversion project and the requirements pursuant to paragraph (1). 72 of 181
1591 (3) The executive office shall evaluate and either grant or deny certification of the
1592designation as a qualified conversion project to any project proposal not later than 90 days from
1593the date of its receipt of a complete project proposal. Approval of a project due to the executive
1594office’s failure to act within 90 days shall not constitute approval by the executive office of any
1595tax incentives provided under chapters 62 or 63.
1596 (4) The executive office may impose a fee for the processing of applications for the
1597certification of any project under this section.
1598 (5) Prior to construction, the executive office shall certify that all or a portion of the
1599qualified conversion project costs are for construction or substantial rehabilitation and shall
1600identify the development costs.
1601 (d) The executive office shall review each pending certified qualified conversion project,
1602not yet completed, not less than once every 2 years.
1603 (e) The executive office shall review each certified qualified conversion project upon
1604completion and certify that the project is consistent with the requirements of this section,
1605including the development cost and qualified conversion project requirements.
1606 (f)(1) The executive office may revoke certification of a project if the executive office
1607determines, after an independent investigation, that: (i) representations made by the sponsor in its
1608project proposal are materially different from the conduct of the sponsor subsequent to the
1609certification and such difference frustrates the public purposes that the certification was intended
1610to advance; or (ii) the project no longer meets the criteria of this section. 73 of 181
1611 (2) Upon revocation, the commonwealth may bring a cause of action against the sponsor
1612for the value of any economic benefit received by the sponsor prior to or subsequent to such
1613revocation.
1614 (3) A revocation shall take effect on the first day of the tax year in which the executive
1615office determines that a material breach commenced.
1616 (g) There shall be established a tax incentive program for certified qualified conversion
1617projects. After certification by the executive office upon the completion of the project, pursuant
1618to subsection (e), the executive office, in consultation with the commissioner of revenue, may
1619award a tax credit available under subsection (ee) of section 6 of chapter 62 or section 38OO of
1620chapter 63 of not more than 10 per cent of the development cost allocable to total units in a
1621project, as determined by the executive office, to the sponsor of a qualified conversion project.
1622The amount of the credit awarded shall be based on the following factors: (i) the need for
1623residential development and diversity of housing supply in the municipality; (ii) the extent to
1624which the certified qualified conversion project will encourage residential development,
1625expansion of diversity of housing supply, support neighborhood stabilization and promote
1626economic development in the zone; and (iii) the percentage of market rate residential units
1627contained in the certified qualified conversion project. The executive office may limit a credit
1628available to a certified qualified conversion project under subsection (ee) of section 6 of chapter
162962 and section 38OO of chapter 63 to a dollar amount or in any other manner deemed
1630appropriate by the executive office.
1631 (h) Annually, not later than December 1, the executive office shall file a report detailing
1632its findings of the review of all certified qualified conversion projects evaluated in the prior fiscal 74 of 181
1633year, including projects evaluated prior to construction, while the project is pending and upon
1634completion, to the commissioner of revenue, the joint committee on revenue and the joint
1635committee on housing. The report shall include, but shall not be limited to: (i) a list of qualified
1636conversion projects that received certification; (ii) information about each qualified conversion
1637project, including the site address, project sponsor, range of rents of the residential units, type of
1638residential units, number of each type of residential unit, number of affordable rental units for
1639persons whose income is not more than 60 per cent of the area median income and the number of
1640affordable owner-occupied units for persons whose income is not more than 80 per cent of the
1641area median income; and (iii) the total amount of development costs for which a tax credit was
1642issued or reserved pursuant to subsection (ee) of section 6 of chapter 62 or section 38OO of
1643chapter 63 for each certified qualified conversion project the year the credit was issued and the
1644completion or estimated completion year of the certified qualified conversion projects.
1645 (i) The executive office shall promulgate guidance or regulations for the administration of
1646this section.
1647 SECTION 6. Chapter 29 of the General Laws is hereby amended by inserting after
1648section 2EEEEEEE, inserted by section 3 of chapter 139 of the acts of 2024, the following
1649section:-
1650 Section 2FFFFFFF. (a) There shall be established and set up on the books of the
1651commonwealth a separate fund known as the Fair Housing Fund. There shall be credited to the
1652fund: (i) revenue from appropriations or other funds authorized by the general court and
1653specifically designated for the fund; (ii) any gifts, grants or private contributions; (iii) any
1654interest on the fund’s assets; and (iv) any other sources. Amounts credited to the fund shall be 75 of 181
1655expended without further appropriation. Any balance in the fund at the close of a fiscal year shall
1656be available for expenditure in subsequent fiscal years and shall not be transferred to any other
1657fund or revert to the General Fund; provided, that the comptroller shall report the amount
1658remaining in the fund at the end of each fiscal year to the house and senate committees on ways
1659and means.
1660 (b) The fund shall be administered by the office of fair housing established in section 31
1661of chapter 23B and funds shall be expended for the purpose of eliminating housing
1662discrimination. Activities eligible for assistance from the fund shall include, but shall not be
1663limited to: (i) private enforcement initiatives; (ii) education and outreach initiatives; (iii) fair
1664housing testing; (iv) lending discrimination; (v) affirmatively furthering fair housing; and (vi)
1665special projects.
1666 (c) Grantees eligible for assistance shall include, but shall not be limited to, fair housing
1667assistance programs and fair housing initiative programs, as defined by the United States
1668Department of Housing and Urban Development, any private, non-profit agency or any state-
1669funded public housing authority.
1670 SECTION 7. Section 1A of chapter 40A of the General Laws, as appearing in the 2022
1671Official Edition, is hereby amended by striking out the definition “Accessory dwelling unit” and
1672inserting in place thereof the following definition:-
1673 “Accessory dwelling unit”, a self-contained housing unit, inclusive of sleeping, cooking
1674and sanitary facilities on the same lot as a principal dwelling, subject to otherwise applicable
1675dimensional and parking requirements, that: (i) maintains a separate entrance, either directly
1676from the outside or through an entry hall or corridor shared with the principal dwelling sufficient 76 of 181
1677to meet the requirements of the state building code for safe egress; (ii) is not larger in gross floor
1678area than 1/2 the gross floor area of the principal dwelling or 900 square feet, whichever is
1679smaller; and (iii) is subject to such additional restrictions as may be imposed by a municipality,
1680including, but not limited to, additional size restrictions and restrictions or prohibitions on short-
1681term rental, as defined in section 1 of chapter 64G; provided, however, that no municipality shall
1682unreasonably restrict the creation or rental of an accessory dwelling unit that is not a short-term
1683rental.
1684 SECTION 8. Section 3 of said chapter 40A, as so appearing, is hereby amended by
1685adding the following paragraph:-
1686 No zoning ordinance or by-law shall prohibit, unreasonably restrict or require a special
1687permit or other discretionary zoning approval for the use of land or structures for a single
1688accessory dwelling unit, or the rental thereof, in a single-family residential zoning district;
1689provided, that the use of land or structures for such accessory dwelling unit under this paragraph
1690may be subject to reasonable regulations, including, but not limited to, 310 CMR 15.000 et seq.,
1691if applicable, site plan review, regulations concerning dimensional setbacks and the bulk and
1692height of structures and may be subject to restrictions and prohibitions on short-term rental, as
1693defined in section 1 of chapter 64G. The use of land or structures for an accessory dwelling unit
1694under this paragraph shall not require owner occupancy of either the accessory dwelling unit or
1695the principal dwelling; provided, that not more than 1 additional parking space shall be required
1696for an accessory dwelling unit; and provided further, that no additional parking space shall be
1697required for an accessory dwelling located not more than 0.5 miles from a commuter rail station,
1698subway station, ferry terminal or bus station. For more than 1 accessory dwelling unit, or rental
1699thereof, in a single-family residential zoning district there shall be a special permit for the use of 77 of 181
1700land or structures for an accessory dwelling unit. The executive office of housing and livable
1701communities may issue guidelines or promulgate regulations to administer this paragraph.
1702 SECTION 9. Section 3A of said chapter 40A is hereby amended by striking out the
1703words “section 27”, as appearing in section 152 of chapter 7 of the acts of 2023, and inserting in
1704place thereof the following words:- section 27½.
1705 SECTION 10. Section 6 of said chapter 40A, as appearing in the 2022 Official Edition, is
1706hereby amended by inserting after the fourth paragraph the following paragraph:-
1707 Adjacent lots under common ownership shall not be treated as a single lot for local
1708zoning purposes if, at the time of recording or endorsement, the lots: (i) conformed to then
1709existing requirements of area, frontage, width, yard or depth, where each such lot has not less
1710than 10,000 square feet of area and 75 feet of frontage; and (ii) are located in a zoning district
1711that allows for single-family residential use. Any single-family residential structure constructed
1712on said lot shall not exceed 1,850 square feet of heated living area, shall contain not less than 3
1713bedrooms and shall not be used as a seasonal home or short-term rental.
1714 SECTION 11. The first paragraph of section 17 of said chapter 40A, as so appearing, is
1715hereby amended by inserting after the fourth sentence the following sentence:- If the complaint is
1716filed by someone other than the original applicant, appellant or petitioner, then each plaintiff,
1717whether or not previously constituting parties in interest for notice purposes, shall also
1718sufficiently allege and must plausibly demonstrate that measurable injury, which is special and
1719different to such plaintiff, to a private legal interest that will likely flow from the decision
1720through credible evidence. 78 of 181
1721 SECTION 12. Said section 17 of said chapter 40A, as so appearing, is hereby further
1722amended by striking out the third paragraph and inserting in place thereof the following
1723paragraph:-
1724 The court, in its discretion, may require a plaintiff in an action under this section
1725appealing a decision to approve a special permit, variance or site plan to post a surety or cash
1726bond in an amount of not more than $250,000 to secure the payment of and to indemnify and
1727reimburse damages and costs and expenses incurred in such an action if the court finds that the
1728harm to the defendant or to the public interest resulting from delays caused by the appeal
1729outweighs the financial burden of the surety or cash bond on the plaintiffs. The court shall
1730consider the relative merits of the appeal and the relative financial means of the plaintiff and the
1731defendant. Nothing in this section shall require bad faith or malice of a plaintiff for the court to
1732issue a bond under this section.
1733 SECTION 13. Said section 17 of said chapter 40A, as so appearing, is hereby further
1734amended by striking out the sixth paragraph and inserting in place thereof the following
1735paragraph:-
1736 Costs, including reasonable attorneys’ fees, in an amount to be fixed by the court may be
1737allowed against the party appealing from the decision of the board or special permit granting
1738authority if the court finds that the appellant or appellants acted in bad faith or with malice in
1739making the appeal to court.
1740 SECTION 14. Said chapter 40A is hereby further amended by adding the following
1741section:- 79 of 181
1742 Section 18. (a) Notwithstanding any general or special law to the contrary, a city or town
1743that permits or adopts inclusionary zoning, incentive zoning, a density bonus ordinance or by-
1744law pursuant to this chapter or a housing production plan submitted to the executive office of
1745housing and livable communities may enter into an agreement with a housing developer or
1746residential development owner to provide a preference for affordable housing to low- or
1747moderate-income veterans, as defined in clause Forty-third of section 7 of chapter 4. The
1748preference shall be for up to 10 per cent of the affordable units in a particular development.
1749 (b) The preference under this section shall be established in the applicant selection
1750process for available affordable units. Applicants who are veterans and who apply within 90 days
1751of the initial marketing period of the development shall receive preference for the rental of up to
175210 per cent of the affordable units. After the first 90 days of the initial marketing period, if any of
1753the units subject to the preference remain available, applicants from the general public shall be
1754considered for occupancy. Following the initial marketing period, qualified applicants who are
1755veterans shall be placed on a waiting list for the preference-occupied units for veterans and on
1756any general waiting list. The veterans on the preference-occupied waiting list shall be given
1757preference for affordable units, as the units become available, whenever the percentage of
1758preference-occupied units falls below 10 per cent.
1759 (c) Any agreement to provide affordable housing preferences for veterans pursuant to this
1760section shall not affect a municipality’s ability to receive credit for the unit for affordable
1761housing pursuant to chapter 40B or any other law. The agreement may be monitored by a third
1762party assigned by the municipality. 80 of 181
1763 (d) This section shall not require an increase in the existing amount of affordable units set
1764by the city or town.
1765 (e) The city or town may require proof of veteran status and income eligibility as the city
1766or town deems necessary.
1767 SECTION 15. Section 22 of chapter 40B of the General Laws, as appearing in the 2022
1768Official Edition, is hereby amended by inserting after the word “ applicant”, in line 20, the
1769following words:- ; provided, however, that the committee shall provide notice to the secretary of
1770any such extension or other failure to perform action by the deadlines set forth in this section and
1771the reason for such delay; provided further, that the secretary shall annually, not later than
1772November 1, submit to the governor and the joint committee on housing a summary of such
1773delays including, but not limited to: (i) any deadlines missed pursuant to this section for each
1774applicable appeal; (ii) the reason for any such delay; (iii) the total number of days, from the date
1775of the committee’s receipt of the applicant’s statement of the prior proceedings, in which the
1776committee ultimately issued a written decision or, if such appeal is in progress at the time the
1777report is submitted, the projected number of days beyond the deadlines listed herein as may be
1778necessary for the committee to issue a decision; and (iv) the board that issued the denial or
1779conditions and requirements being appealed by the applicant.
1780 SECTION 16. Chapter 40H of the General Laws is hereby amended by striking out
1781section 9, as so appearing, and inserting in place thereof the following section:-
1782 Section 9. CEDAC shall be subject to section 16G½ of chapter 6A. 81 of 181
1783 SECTION 17. Section 6 of chapter 62 of the General Laws, as most recently amended by
1784section 5 of chapter 88 of the acts of 2024, is hereby further amended by adding the following
1785subsection:-
1786 (ee)(1) As used in this subsection, the following words shall, unless the context clearly
1787requires otherwise, have the following meanings:
1788 “Development cost”, as defined in section 36 of chapter 23B.
1789 “Executive office”, the executive office of housing and livable communities, established
1790pursuant to chapter 23B.
1791 “Qualified conversion project”, as defined in section 36 of chapter 23B.
1792 “Sponsors”, as defined in section 25 of chapter 23B.
1793 (2) A credit shall be allowed against the tax liability imposed by this chapter, to the
1794extent authorized by the executive office, in consultation with the commissioner, for a qualified
1795conversion project that has been completed and certified by the executive office pursuant to
1796section 36 of chapter 23B. The credit shall be equal to an amount not more than 10 per cent of
1797the qualified conversion project development costs. The credit shall be allowed for the taxable
1798year in which the executive office provides the commissioner written notification of completion
1799of the certified qualified conversion project. For any certified qualified conversion project,
1800development costs applicable to this credit shall be treated for purposes of this subsection as
1801made on the date that the executive office provides the commissioner written notification of
1802completion of the certified qualified conversion project and any data related to the development
1803costs. 82 of 181
1804 (3) A taxpayer eligible for the credit may, with prior notice to the commissioner, transfer
1805the credit, in whole or in part, to any individual or entity with tax labilities under this chapter or
1806chapter 63, and the transferee shall be entitled to apply the credit against the tax liability with the
1807same effect as if the transferee had incurred the development costs itself. Any amount of the tax
1808credit that exceeds the tax due for a taxable year may be carried forward by the transferee, buyer
1809or assignee in subsequent taxable years from which a certificate is initially issued by the
1810executive office; provided, however, that in no event shall the transferee apply the credit to the
1811tax due for any taxable year beginning more than 10 years after the taxable year in which the
1812executive office provides the commissioner written notification of completion of the certified
1813qualified conversion project.
1814 (4) If the credit allowable for any taxable year exceeds the taxpayer’s tax liability for that
1815tax year, the taxpayer may carry forward and apply in any subsequent taxable year, the portion,
1816as reduced from year to year, of the credit which exceed the tax for the taxable year; provided,
1817however, that in no event shall the taxpayer apply the credit to the tax due for any taxable year
1818beginning more than 10 years after the taxable year in which the executive office provides the
1819commissioner written notification of completion of the certified qualified conversion project.
1820 (5) The commissioner may, as of the effective date of a revocation pursuant to subsection
1821(f) of section 36 of chapter 23B, disallow any credits allowed under this section.
1822 (6) The commissioner, in consultation with the executive office, may adopt regulations
1823necessary to carry out this subsection, including regulations to recapture the value of any tax
1824credits allowed under this subsection. 83 of 181
1825 SECTION 18. Section 6J of said chapter 62, as appearing in the 2022 Official Edition, is
1826hereby amended by striking out, in line 39, the figure “2027” and inserting in place thereof the
1827following figure:- 2030.
1828 SECTION 19. Said section 6J of said chapter 62, as so appearing, is hereby further
1829amended by striking out, in line 41, the figure “$55,000,000” and inserting in place thereof the
1830following figure:- $110,000,000.
1831 SECTION 20. Section 6M of said chapter 62, as so appearing, is hereby amended by
1832striking out, in lines 226 and 227, the words “$12,000,000 in each of taxable years 2023 to 2025,
1833inclusive” and inserting in place thereof the following words:- $15,000,000 in taxable years
1834beginning on or after January 1, 2025.
1835 SECTION 21. Said chapter 62 is hereby further amended by inserting after section 6N
1836the following section:-
1837 Section 6O. (a) For the purposes of this section, unless the context clearly requires
1838otherwise, the following words shall have the following meanings:
1839 “Affordability period”, the 10-year period that commences on the date of the initial sale
1840of a single-family dwelling constructed as part of a qualified homeownership development
1841project.
1842 “Affordability restriction”, a restriction in form and substance approved by the director
1843and the secretary, imposing resale restrictions on a single-family dwelling constructed as part of
1844a qualified homeownership development project during the affordability period.
1845 “Commissioner”, the commissioner of revenue. 84 of 181
1846 “Credit amount”, the amount computed by the director pursuant to subsection (d) before
1847issuing an eligibility certificate.
1848 “Credit award amount”, the amount determined by the director and stipulated in the
1849notice sent pursuant to paragraph (2) of subsection (c).
1850 “Director”, the executive director of the Massachusetts Housing Finance Agency,
1851established pursuant to chapter 708 of the acts of 1966.
1852 “Eligibility certificate”, a certificate issued to a sponsor pursuant to subsection (d).
1853 “Eligible location”, a geographic area in which a qualified homeownership development
1854project may be located, based on criteria established in the qualified homeownership allocation
1855plan.
1856 “Maximum credit amount”, the amount equal to 35 per cent of the lesser of: (i) the total
1857qualified project expenditures calculated on a per single-family dwelling basis; or (ii) 80 per cent
1858of the area median new single-family dwelling sales price, subject to such further limitations as
1859may be established under the qualified homeownership credit allocation plan.
1860 “Project development team”, the group of entities that develops, constructs, reports,
1861appraises, finances and services the associated properties of a qualified homeownership
1862development project in partnership with the project development owner.
1863 “Qualified buyer”, an individual that is a first-time homebuyer with an annual income not
1864exceeding 120 per cent of the area median income, as determined by the United States
1865Department of Housing and Urban Development, for the location in which the single-family 85 of 181
1866dwelling being purchased is located, and who satisfies any additional qualifications established
1867by the director under the qualified homeownership credit allocation plan.
1868 “Qualified homeownership credit allocation plan”, a plan adopted by the director with the
1869approval of the secretary establishing: (i) criteria and metrics under which homeownership
1870development projects shall be assessed for qualification and the geographic areas in which
1871qualified homeownership development projects may be located; (ii) criteria for approving and
1872ranking applications for credits; (iii) a methodology to determine applicable median new single-
1873family dwelling sales prices for the area in which the project is located; (iv) mechanisms to
1874maintain affordability of each single-family dwelling that is created as part of a qualified
1875homeownership development project and restricted for sale to qualified buyers, throughout the
1876affordability period; (v) criteria to be used in determining qualification as a qualified buyer; (vi)
1877criteria governing the purchase, ownership and sale of completed qualified homeownership
1878development project single-family dwellings; and (vii) the manner of determining qualified
1879project expenditures.
1880 “Qualified homeownership development project”, a project to develop for sale single-
1881family dwellings in the commonwealth that satisfies any qualifications established by the
1882director with the approval of the secretary in the qualified homeownership credit allocation plan;
1883provided, that the proposed project shall: (i) involve the new construction of not less than 10
1884single-family dwellings; (ii) be located in an eligible location; and (iii) result in not less than 20
1885per cent of the single-family dwellings being sold to qualified buyers, subject to an affordability
1886restriction in accordance with the qualified homeownership credit allocation plan. 86 of 181
1887 “Qualified project expenditure”, an expenditure directly related to the construction of a
1888qualified homeownership development project, including, but not limited to, the cost of
1889acquiring land, site assessment and remediation of hazardous materials and as further provided in
1890the qualified homeownership credit allocation plan; provided, however, that: (i) the director has
1891certified that the proposed project meets the definition of a qualified homeownership
1892development project; (ii) prior to construction, the director has certified that all or a portion of
1893the project costs are for new construction; and (iii) after the construction of the project has been
1894completed, the director has certified that the project has been completed in compliance with this
1895section and the requirements and conditions of any prior certifications.
1896 “Secretary”, the secretary of housing and livable communities.
1897 “Single-family dwelling”, (i) a residential property containing not more than 4 residential
1898units; provided, that all units shall comprise a single property, to be sold to and owned by a
1899single homeowner; or (ii) a condominium unit in a professionally managed condominium
1900development.
1901 “Sponsor”, a sponsor, as defined in section 25 of chapter 23B, of a qualified
1902homeownership development project or owner of a qualified homeownership development
1903project.
1904 “Taxpayer”, a taxpayer subject to the income tax under this chapter.
1905 (b)(1) There shall be a Massachusetts homeownership tax credit. The director, in
1906consultation with the secretary, may authorize annually under this section and section 38PP of
1907chapter 63 a total sum not exceeding: (i) $10,000,000; (ii) the amount, if any, not authorized in 87 of 181
1908the preceding taxable year; and (iii) any Massachusetts homeownership tax credits returned to
1909the director by a sponsor.
1910 (2) A taxpayer may be allowed a nonrefundable tax credit with respect to a qualified
1911homeownership development project under this section equal to the credit amount listed on the
1912eligibility certificate pursuant to subsection (d). If the credit allowable for any taxable year is
1913unused by the taxpayer or exceeds the taxpayer’s tax liability under this chapter for the taxable
1914year, the taxpayer may carry forward and apply in any subsequent taxable year, the portion, as
1915reduced from year to year, of the credit which exceeds the tax for the taxable year; provided,
1916however, that in no event shall the taxpayer apply the credit to the tax due for any taxable year
1917beginning after the affordability period.
1918 (3) To be eligible to receive a credit pursuant to this section, a sponsor shall submit an
1919application to the director on a form and in a manner prescribed by the director, in consultation
1920with the secretary; provided, that said application shall include, but shall not be limited to: (i) the
1921name and address of the sponsor; (ii) the names and addresses of all members of the project
1922development team; (iii) an estimate of the total qualified project expenditures; and (iv) any other
1923information as the director, in consultation with the secretary, may require pursuant to the
1924qualified homeownership credit allocation plan.
1925 (c)(1) The director, in consultation with the secretary, shall competitively evaluate and
1926approve applications and award tax credits under this section for a qualified homeownership
1927development project in accordance with the qualified homeownership credit allocation plan. The
1928director, in consultation with the secretary, shall determine the credit amount awarded for each 88 of 181
1929qualified homeownership development project, which shall not exceed the maximum credit
1930amount.
1931 (2) The director shall send written notice of the tax credit award to the sponsor of a
1932qualified homeownership development project. The notice shall stipulate that receipt of the tax
1933credit is contingent upon the sale of all single-family dwellings that are required to be sold to
1934qualified buyers and issuance of an eligibility certificate.
1935 (d)(1) Upon completion of a qualified homeownership development project for which a
1936tax credit was awarded under this section and the sale of all single-family dwellings that are
1937required to be sold to qualified buyers, the sponsor shall provide the director a final qualified
1938project expenditures certification for approval. Immediately after approving the final cost
1939certification, the director shall compute the credit amount and issue an eligibility certificate to
1940the project development owner. The credit amount, which shall be stated on the certificate, shall
1941equal the credit award amount stated in the notice issued under paragraph (2) of subsection (c),
1942subject to any reduction or increase as the result of the approval of the final qualified project
1943expenditures certification; provided, that such amount shall not exceed the maximum credit
1944amount.
1945 (2) Each eligibility certificate shall state the credit amount, the years that comprise the
1946affordability period, the name, address and taxpayer identification number of the sponsor and all
1947members of the project development team, the date the certificate is issued, a unique identifying
1948number and any additional information the director, in consultation with the secretary and the
1949commissioner, may require. The director shall certify a copy of each eligibility certificate to the
1950secretary and the commissioner. 89 of 181
1951 (e)(1) The sponsor shall maintain ownership of a qualified homeownership development
1952project and all single-family dwellings that are required to be sold to qualified buyers until such
1953dwellings are sold to qualified buyers.
1954 (2) The qualified buyer of a single-family dwelling constructed as part of a qualified
1955homeownership development project for which a tax credit was issued under this section shall
1956occupy such single-family dwelling as the qualified buyer’s primary residence during the
1957affordability period; provided, that a qualified buyer of a single-family dwelling that includes
1958more than 1 residential unit need only occupy a single residential unit within the single-family
1959dwelling as the qualified buyer’s primary residence during the affordability period and may lease
1960any additional units to third-party lessees.
1961 (3) If a single-family dwelling constructed as part of a qualified homeownership
1962development project is sold during the affordability period, the seller shall transfer to the director
1963an amount equal to 90 per cent of the gain from such resale, reduced by 10 per cent for each year
1964of the affordability period which ends before the date of such sale, subject to such additional
1965criteria as may be established under the qualified homeownership credit allocation plan. The
1966director shall use any amount received pursuant to a repayment under this paragraph for the
1967purpose of providing financial assistance to first-time homebuyers and offsetting the costs of
1968administering this section. The director may place a lien on each single-family dwelling
1969constructed as part of a qualified homeownership development project for an amount it deems
1970necessary to ensure potential repayment pursuant to this paragraph. 90 of 181
1971 (4) During the affordability period, a qualified buyer of a single-family dwelling that
1972includes more than 1 residential unit shall not separate the ownership of individual residential
1973units within the single-family dwelling.
1974 (f)(1) All or any portion of a tax credit issued in accordance with this section may be
1975transferred, sold or assigned to any individual or entity and the transferee shall be entitled to
1976claim the credit pursuant to paragraph (2) of subsection (b) with the same effect as if the
1977transferee had incurred the qualified project expenditures itself.
1978 (2) A sponsor or transferee desiring to make a transfer, sale or assignment as described in
1979paragraph (1) shall submit to the commissioner a statement that describes the amount of the tax
1980credit for which such transfer, sale or assignment of the tax credit is eligible. The sponsor shall
1981provide to the commissioner appropriate information for proper allocation of the tax credit.
1982 (3) If the recapture of a tax credit is required pursuant to subsection (g), any statement
1983submitted to the commissioner pursuant to paragraph (2) shall include the proportion of the tax
1984credit required to be recaptured, the identity of each transferee subject to recapture and the
1985amount of the tax credit previously transferred to such transferee.
1986 (g) The director, in consultation with the secretary, shall determine whether a sponsor or
1987qualified homeownership development project: (i) does not qualify for the credit; (ii) ceases to
1988qualify for the credit; or (iii) did not qualify for the credit at the time the credit was claimed.
1989Notwithstanding the time limitations on assessments pursuant to chapter 62C, the commissioner
1990shall determine the taxpayer or taxpayers that claimed the credit, the tax against which the credit
1991was claimed and the amount to be recaptured and shall make an assessment against the taxpayer
1992or taxpayers for the amount to be recaptured under this section. 91 of 181
1993 (h) The director may assess application, processing and reporting fees to cover the cost of
1994administering this section.
1995 (i) The credit under this section shall be attributed on a pro rata basis to the owners,
1996partners or members of the legal entity entitled to the credit under this section and shall be
1997allowed as a credit against the tax due under this chapter from such owners, partners or members
1998in a manner determined by the commissioner.
1999 (j) The secretary, in consultation with the commissioner and director, shall adopt any
2000rules and promulgate any regulations necessary to administer this section.
2001 SECTION 22. Subsection (b) of section 6O of said chapter 62, inserted by section 21, is
2002hereby amended by striking out paragraph (1) and inserting in place thereof the following
2003paragraph:-
2004 (1) There shall be a Massachusetts homeownership tax credit. The director, in
2005consultation with the secretary, may authorize annually under this section and section 38PP of
2006chapter 63 a total sum not exceeding: (i) the amount, if any, not authorized in the preceding
2007taxable year; and (ii) any Massachusetts homeownership tax credits returned to the director by a
2008sponsor.
2009 SECTION 23. Section 38R of chapter 63 of the General Laws, as appearing in the 2022
2010Official Edition, is hereby amended by striking out, in line 38, the figure “2027” and inserting in
2011place thereof the following figure:- 2030. 92 of 181
2012 SECTION 24. Said section 38R of said chapter 63, as so appearing, is hereby further
2013amended by striking out, in line 40, the figure “$55,000,000” and inserting in place thereof the
2014following figure:- $110,000,000.
2015 SECTION 25. Section 38EE of said chapter 63, as amended by section 233 of chapter 7
2016of the acts of 2023, is hereby amended by striking out, in lines 213 and 214, the words
2017“$12,000,000 in each of taxable years 2023 to 2025, inclusive” and inserting in place thereof the
2018following words:- $15,000,000 in taxable years beginning on or after January 1, 2025.
2019 SECTION 26. Said chapter 63 is hereby further amended by inserting after section
202038NN, inserted by section 7 of chapter 88 of the acts of 2024, the following 2 sections:-
2021 Section 38OO. (a) As used in this section, the following words shall, unless the context
2022clearly requires otherwise, have the following meanings:
2023 “Development cost”, as defined in section 36 of chapter 23B.
2024 “Executive office”, the executive office of housing and livable communities, established
2025pursuant to chapter 23B.
2026 “Qualified conversion project”, as defined in section 36 of chapter 23B.
2027 “Sponsors”, as defined in section 25 of chapter 23B.
2028 (b) A credit shall be allowed against the tax liability imposed by this chapter, to the
2029extent authorized by the executive office, in consultation with the commissioner, for a qualified
2030conversion project that has been completed and certified by the executive office pursuant to
2031section 36 of chapter 23B. The credit shall be equal to an amount not more than 10 per cent of
2032the qualified conversion project development costs. The credit shall be allowed for the taxable 93 of 181
2033year in which the executive office provides the commissioner written notification of completion
2034of the certified qualified conversion project. For any certified qualified conversion project,
2035development costs applicable to this credit shall be treated for purposes of this section as made
2036on the date that the executive office provides the commissioner written notification of
2037completion of the certified qualified conversion project and any data related to the development
2038costs.
2039 (c) A taxpayer eligible for the credit may, with prior notice to the commissioner, transfer
2040the credit, in whole or in part, to any individual or entity with tax labilities under this chapter or
2041chapter 62, and the transferee shall be entitled to apply the credit against the tax with the same
2042effect as if the transferee had incurred the development costs itself. If the sponsor of the certified
2043housing development qualified conversion project is a partnership or a limited liability company
2044taxed as a partnership, the credit, if transferred, must be transferred by the partnership or the
2045limited liability company. If the credit allowed to a partnership, a limited liability company taxed
2046as a partnership or multiple owners of property are not transferred they shall be passed through to
2047the persons designated as partners, members or owners, respectively, pro rata or pursuant to an
2048executed agreement among the persons designated as partners, members or owners documenting
2049an alternative distribution method without regard to their sharing of other tax or economic
2050attributes of the entity. Credits passed through to individual partners and members shall not be
2051transferable. Any amount of the tax credit that exceeds the tax due for a taxable year may be
2052carried forward by the transferee, buyer or assignee subsequent taxable years from which a
2053certificate is initially issued by the executive office; provided, however, that in no event shall the
2054transferee apply the credit to the tax due for any taxable year beginning more than 10 years after 94 of 181
2055the taxable year in which the executive office provides the commissioner written notification of
2056completion of the certified qualified conversion project.
2057 (d) If the credit allowable for any taxable year exceeds the taxpayer’s tax liability for that
2058tax year, the taxpayer may carry forward and apply in any subsequent taxable year, the portion,
2059as reduced from year to year, of the credit which exceed the tax for the taxable year; provided,
2060however, that in no event shall the taxpayer apply the credit to the tax due for any taxable year
2061beginning more than 10 years after the taxable year in which the executive office provides the
2062commissioner written notification of completion of the certified qualified conversion project.
2063 (e) The commissioner of revenue may, as of the effective date of a revocation pursuant to
2064subsection (f) of section 36 of chapter 23B, disallow any credits allowed under this section.
2065 (f) The commissioner, in consultation with the executive office, may adopt regulations
2066necessary to carry out this section, including regulations to recapture the value of any tax credits
2067allowed under this section.
2068 Section 38PP. (a) For the purposes of this section, unless the context clearly requires
2069otherwise, the following words shall have the following meanings:
2070 “Affordability period”, the 10-year period that commences on the date of the initial sale
2071of a single-family dwelling constructed as part of a qualified homeownership development
2072project.
2073 “Affordability restriction”, a restriction in form and substance approved by the director
2074and the secretary, imposing resale restrictions on a single-family dwelling constructed as part of
2075a qualified homeownership development project during the affordability period. 95 of 181
2076 “Commissioner”, the commissioner of revenue.
2077 “Credit amount”, the amount computed by the director pursuant to subsection (d) before
2078issuing an eligibility certificate.
2079 “Credit award amount”, the amount determined by the director and stipulated in the
2080notice sent pursuant to paragraph (2) of subsection (c).
2081 “Director”, the executive director of the Massachusetts Housing Finance Agency,
2082established pursuant to chapter 708 of the acts of 1966.
2083 “Eligibility certificate”, a certificate issued to a sponsor pursuant to subsection (d).
2084 “Eligible location”, a geographic area in which a qualified homeownership development
2085project may be located, based on criteria established in the qualified homeownership allocation
2086plan.
2087 “Maximum credit amount”, the amount equal to 35 per cent of the lesser of: (i) the total
2088qualified project expenditures calculated on a per single-family dwelling basis; or (ii) 80 per cent
2089of the area median new single-family dwelling sales price, subject to such further limitations as
2090may be established under the qualified homeownership credit allocation plan.
2091 “Project development team”, the group of entities that develops, constructs, reports,
2092appraises, finances and services the associated properties of a qualified homeownership
2093development project in partnership with the project development owner.
2094 “Qualified buyer”, an individual that is a first-time homebuyer with an annual income not
2095exceeding 120 per cent of the area median income, as determined by the United States
2096Department of Housing and Urban Development, for the location in which the single-family 96 of 181
2097dwelling being purchased is located, and who satisfies any additional qualifications established
2098by the director under the qualified homeownership credit allocation plan.
2099 “Qualified homeownership credit allocation plan”, a plan adopted by the director with the
2100approval of the secretary, establishing: (i) criteria and metrics under which homeownership
2101development projects shall be assessed for qualification and the geographic areas in which
2102qualified homeownership development projects may be located; (ii) criteria for approving and
2103ranking applications for credits; (iii) a methodology to determine applicable median new single-
2104family dwelling sales prices for the area in which the project is located; (iv) mechanisms to
2105maintain affordability of each single-family dwelling that is created as part of a qualified
2106homeownership development project and restricted for sale to qualified buyers, throughout the
2107affordability period; (v) criteria to be used in determining qualification as a qualified buyer; (vi)
2108criteria governing the purchase, ownership and sale of completed qualified homeownership
2109development project single-family dwellings; and (vii) the manner of determining qualified
2110project expenditures.
2111 “Qualified homeownership development project”, a project to develop for sale single-
2112family dwellings in the commonwealth that satisfies any qualifications established by the
2113director with the approval of the secretary in the qualified homeownership credit allocation plan;
2114provided, that the proposed project shall: (i) involve the new construction of not less than 10
2115single-family dwellings; (ii) be located in an eligible location; and (iii) result in not less than 20
2116per cent of the single-family dwellings being sold to qualified buyers, subject to an affordability
2117restriction in accordance with the qualified homeownership credit allocation plan. 97 of 181
2118 “Qualified project expenditure”, an expenditure directly related to the construction of a
2119qualified homeownership development project, including, but not limited to, the cost of
2120acquiring land, site assessment and remediation of hazardous materials and as further provided in
2121the qualified homeownership credit allocation plan; provided, however, that: (i) the director has
2122certified that the proposed project meets the definition of a qualified homeownership
2123development project; (ii) prior to construction, the director has certified that all or a portion of
2124the project costs are for new construction; and (iii) after the construction of the project has been
2125completed, the director has certified that the project has been completed in compliance with this
2126section and the requirements and conditions of any prior certifications.
2127 “Secretary”, the secretary of housing and livable communities.
2128 “Single-family dwelling”, (i) a residential property containing not more than 4 residential
2129units; provided, that all units shall comprise a single property, to be sold to and owned by a
2130single homeowner; or (ii) a condominium unit in a professionally managed condominium
2131development.
2132 “Sponsor”, a sponsor, as defined in section 25 of chapter 23B, of a qualified
2133homeownership development project or owner of a qualified homeownership development
2134project.
2135 “Taxpayer”, a taxpayer subject to the income tax under this chapter.
2136 (b)(1) There shall be a Massachusetts homeownership tax credit. The director, in
2137consultation with the secretary, may authorize annually under this section and section 6O of
2138chapter 62 a total sum not exceeding: (i) $10,000,000; (ii) the amount, if any, not authorized in 98 of 181
2139the preceding taxable year; and (iii) any Massachusetts homeownership tax credits returned to
2140the director by a sponsor.
2141 (2) A taxpayer may be allowed a nonrefundable tax credit with respect to a qualified
2142homeownership development project under this section equal to the credit amount listed on the
2143eligibility certificate pursuant to subsection (d). If the credit allowable for any taxable year is
2144unused by the taxpayer or exceeds the taxpayer’s tax liability under this chapter for the taxable
2145year, the taxpayer may carry forward and apply in any subsequent taxable year, the portion, as
2146reduced from year to year, of the credit which exceeds the tax for the taxable year; provided,
2147however, that in no event shall the taxpayer apply the credit to the tax due for any taxable year
2148beginning after the affordability period.
2149 (3) To be eligible to receive a credit pursuant to this section, a sponsor shall submit an
2150application to the director on a form and in a manner prescribed by the director, in consultation
2151with the secretary; provided, that said application shall include, but shall not be limited to: (i) the
2152name and address of the sponsor; (ii) the names and addresses of all members of the project
2153development team; (iii) an estimate of the total qualified project expenditures; and (iv) any other
2154information as the director, in consultation with the secretary, may require pursuant to the
2155qualified homeownership credit allocation plan.
2156 (c)(1) The director, in consultation with the secretary, shall competitively evaluate and
2157approve applications and award tax credits under this section for a qualified homeownership
2158development project in accordance with the qualified homeownership credit allocation plan. The
2159director, in consultation with the secretary, shall determine the credit amount awarded for each 99 of 181
2160qualified homeownership development project, which shall not exceed the maximum credit
2161amount.
2162 (2) The director shall send written notice of the tax credit award to the sponsor of a
2163qualified homeownership development project. The notice shall stipulate that receipt of the tax
2164credit is contingent upon the sale of all single-family dwellings that are required to be sold to
2165qualified buyers and issuance of an eligibility certificate.
2166 (d)(1) Upon completion of a qualified homeownership development project for which a
2167tax credit was awarded under this section and the sale of all single-family dwellings that are
2168required to be sold to qualified buyers, the sponsor shall provide the director a final qualified
2169project expenditures certification for approval. Immediately after approving the final cost
2170certification, the director shall compute the credit amount and issue an eligibility certificate to
2171the project development owner. The credit amount, which shall be stated on the certificate, shall
2172equal the credit award amount stated in the notice issued under paragraph (2) of subsection (c),
2173subject to any reduction or increase as the result of the approval of the final qualified project
2174expenditures certification; provided, that such amount shall not exceed the maximum credit
2175amount.
2176 (2) Each eligibility certificate shall state the credit amount, the years that comprise the
2177affordability period, the name, address and taxpayer identification number of the sponsor and all
2178members of the project development team, the date the certificate is issued, a unique identifying
2179number and any additional information the director, in consultation with the secretary and the
2180commissioner, may require. The director shall certify a copy of each eligibility certificate to the
2181secretary and the commissioner. 100 of 181
2182 (e)(1) The sponsor shall maintain ownership of a qualified homeownership development
2183project and all single-family dwellings that are required to be sold to qualified buyers until such
2184dwellings are sold to qualified buyers.
2185 (2) The qualified buyer of a single-family dwelling constructed as part of a qualified
2186homeownership development project for which a tax credit was issued under this section shall
2187occupy such single-family dwelling as the qualified buyer’s primary residence during the
2188affordability period; provided, that a qualified buyer of a single-family dwelling that includes
2189more than 1 residential unit need only occupy a single residential unit within the single-family
2190dwelling as the qualified buyer’s primary residence during the affordability period and may lease
2191any additional units to third-party lessees.
2192 (3) If a single-family dwelling constructed as part of a qualified homeownership
2193development project is sold during the affordability period, the seller shall transfer to the director
2194an amount equal to 90 per cent of the gain from such resale, reduced by 10 per cent for each year
2195of the affordability period which ends before the date of such sale, subject to such additional
2196criteria as may be established under the qualified homeownership credit allocation plan. The
2197director shall use any amount received pursuant to a repayment under this paragraph for the
2198purpose of providing financial assistance to first-time homebuyers and offsetting the costs of
2199administering this section. The director may place a lien on each single-family dwelling
2200constructed as part of a qualified homeownership development project for an amount it deems
2201necessary to ensure potential repayment pursuant to this paragraph. 101 of 181
2202 (4) During the affordability period, a qualified buyer of a single-family dwelling that
2203includes more than 1 residential unit shall not separate the ownership of individual residential
2204units within the single-family dwelling.
2205 (f)(1) All or any portion of a tax credit issued in accordance with this section may be
2206transferred, sold or assigned to any individual or entity and the transferee shall be entitled to
2207claim the credit pursuant to paragraph (2) of subsection (b) with the same effect as if the
2208transferee had incurred the qualified project expenditures itself.
2209 (2) A sponsor or transferee desiring to make a transfer, sale or assignment as described in
2210paragraph (1) shall submit to the commissioner a statement that describes the amount of the tax
2211credit for which such transfer, sale or assignment of the tax credit is eligible. The sponsor shall
2212provide to the commissioner appropriate information for proper allocation of the tax credit.
2213 (3) If the recapture of a tax credit is required pursuant to subsection (g), any statement
2214submitted to the commissioner pursuant to paragraph (2) shall include the proportion of the tax
2215credit required to be recaptured, the identity of each transferee subject to recapture and the
2216amount of the tax credit previously transferred to such transferee.
2217 (g) The director, in consultation with the secretary, shall determine whether a sponsor or
2218qualified homeownership development project: (i) does not qualify for the credit; (ii) ceases to
2219qualify for the credit; or (iii) did not qualify for the credit at the time the credit was claimed.
2220Notwithstanding the time limitations on assessments pursuant to chapter 62C, the commissioner
2221shall determine the taxpayer or taxpayers that claimed the credit, the tax against which the credit
2222was claimed and the amount to be recaptured and shall make an assessment against the taxpayer
2223or taxpayers for the amount to be recaptured under this section. 102 of 181
2224 (h) The director may assess application, processing and reporting fees to cover the cost of
2225administering this section.
2226 (i) The credit under this section shall be attributed on a pro rata basis to the owners,
2227partners or members of the legal entity entitled to the credit under this section and shall be
2228allowed as a credit against the tax due under this chapter from such owners, partners or members
2229in a manner determined by the commissioner.
2230 (j) The secretary, in consultation with the commissioner and director, shall adopt any
2231rules and promulgate any regulations necessary to administer this section.
2232 SECTION 27. Subsection (b) of section 38PP of said chapter 63, as inserted by section
223326, is hereby amended by striking out paragraph (1) and inserting in place thereof the following
2234paragraph:-
2235 (1) There shall be a Massachusetts homeownership tax credit. The director, in
2236consultation with the secretary, may authorize annually under this section and section 6O of
2237chapter 62 a total sum not exceeding: (i) the amount, if any, not authorized in the preceding
2238taxable year; and (ii) any Massachusetts homeownership tax credits returned to the director by a
2239sponsor.
2240 SECTION 28. Subsection (a) of section 52 of chapter 93 of the General Laws, as
2241appearing in the 2022 Official Edition, is hereby amended by adding the following clause:-
2242 (7) Eviction records sealed pursuant to section 16 of chapter 239.
2243 SECTION 29. Section 127I of chapter 111 of the General Laws, as so appearing, is
2244hereby amended by adding the following paragraph:- 103 of 181
2245 Notwithstanding the fourth paragraph, following the appointment of a receiver for a
2246vacant residential property, the court, upon motion by the receiver with notice to the owner,
2247mortgagee and all interested parties, may allow the sale of the property to a nonprofit entity for
2248fair market value in its then current condition. Any such sale shall be conditioned upon the court
2249finding that the nonprofit agrees to correct all outstanding state sanitary code violations and
2250rehabilitate the property for sale to a first-time homebuyer whose income is not more than 120
2251per cent of the area median income as determined by the United States Department of Housing
2252and Urban Development; provided, that a nonprofit entity shall demonstrate to the court adequate
2253expertise and resources necessary to rehabilitate the property and correct outstanding state
2254sanitary code violations. Any such motion filed by a receiver pursuant to this paragraph shall be
2255heard by the court not less than 30 days following the filing date, during which period the owner,
2256mortgagee and any other interested parties may join a motion for leave to correct all outstanding
2257state sanitary code violations at the property. Upon a finding by the court that the owner,
2258mortgagee or other interested party has the intention and ability to correct all outstanding state
2259sanitary code violations, the court shall stay the hearing on the receiver’s motion for a reasonable
2260period of time to allow the owner, mortgagee or other interested party to correct such outstanding
2261sanitary code violations.
2262 SECTION 30. Section 11 of chapter 121B of the General Laws, as so appearing, is
2263hereby amended by striking out paragraphs (n) and (o) and inserting in place thereof the
2264following 3 paragraphs:-
2265 (n) To join or cooperate with 1 or more other operating agencies in the exercise, either
2266jointly or otherwise, of any of their powers for the purpose of financing, including the issuance
2267of bonds, notes or other obligations and the giving of security therefor, planning, undertaking, 104 of 181
2268owning, constructing, operating or contracting with respect to any project or projects authorized
2269by this chapter located within the area within which 1 or more of such authorities are authorized
2270to exercise their powers; and for such purpose to prescribe and authorize, by resolution, any
2271operating agency so joining and cooperating with it to act in its behalf in the exercise of any of
2272such powers;
2273 (o) To lease energy saving systems that replace non-renewable fuels with renewable
2274energy such as solar powered systems; and
2275 (p) To secure, with the approval of the department, in consultation with the executive
2276office for administration and finance, indebtedness incurred for the preservation, modernization
2277and maintenance of 1 or more of its low rent housing developments assisted under section 32 or
227834 by a pledge of a portion of capital funds awarded to it for improvements to be carried out
2279pursuant to a capital improvement plan, approved by the department and in accordance with
2280department regulations governing capital projects. The department, in consultation with the
2281executive office for administration and finance, shall promulgate regulations to establish
2282limitations on the percentage of awarded capital funds that may be pledged to secure
2283indebtedness, describe permitted terms for borrowing and repayment and establish criteria for
2284operating agencies permitted to incur indebtedness secured by a pledge of capital funds. Any
2285pledge of future year capital funds pursuant to this section shall be subject to the availability of
2286funds under the department’s capital spending plan. All financing documents related to future
2287year capital fund amounts shall include a statement that the credit of the commonwealth is not
2288pledged and that the pledging of funds shall be subject to the availability of funds under the
2289department’s capital spending plan. 105 of 181
2290 SECTION 31. Section 26C of said chapter 121B, as amended by section 256 of chapter 7
2291of the acts of 2023, is hereby amended by striking out the words “provided, however, that the
2292capital assistance team shall provide services to the housing authority without requiring payment
2293for the services by the housing authority” and inserting in place thereof the following words:-
2294provided, however, that the capital assistance team shall provide services to a housing authority
2295with 500 or fewer state-aided units without requiring payment for services by the housing
2296authority; and provided further, that the capital assistance team may require payment for services
2297provided to a housing authority with more than 500 state-aided units and for additional services
2298not covered by this section and approved by the department.
2299 SECTION 32. Said section 26C of said chapter 121B, as so amended, is hereby further
2300amended by striking out subsection (e) and inserting in place thereof the following subsection:-
2301 (e) There shall be a capital assistance advisory board consisting of 7 members. Each
2302capital assistance team shall appoint 2 members to the advisory board and the department shall
2303appoint 1 member, who shall have at least 5 years of experience as the manager of not less than
2304200 units of privately owned housing. Only members of participating housing authorities in the
2305region shall be eligible for appointment to the advisory board. The advisory board shall meet on
2306an annual basis with the capital assistance team directors, host housing authority directors and
2307the secretary of housing and livable communities, or a designee, and shall discuss issues of
2308program performance and coordination.
2309 SECTION 33. The first paragraph of section 29 of said chapter 121B, as appearing in the
23102022 Official Edition, is hereby amended by striking out the first sentence and inserting in place
2311thereof the following sentence:- The members of a housing authority shall biennially, or more 106 of 181
2312frequently as required by the department, and at a time to be determined by the department, file
2313with the department a written report for its preceding fiscal years since its last previously filed
2314written report.
2315 SECTION 34. Said first paragraph of said section 29 of said chapter 121B, as so
2316appearing, is hereby further amended by adding the following sentence:- Notwithstanding the
2317foregoing, nothing in this section shall exempt a housing authority from submitting an annual
2318plan pursuant to section 28A and this section.
2319 SECTION 35. Section 34 of said chapter 121B, as so appearing, is hereby amended by
2320adding the following paragraph:-
2321 Notwithstanding any general or special law to the contrary, the tenants of a state-aided or
2322federally-aided public housing project transferred or conveyed pursuant to the fourteenth
2323paragraph shall maintain all rights pursuant to federal, state and local subsidy programs
2324originally applicable to the project, including tenant contribution, lease terms, eviction, right to
2325return, grievance, resident participation, preference in hiring and privacy rights, except as may be
2326required to secure financing necessary for the feasibility of the project or to meet associated
2327programmatic eligibility requirements after notice to affected tenants with an opportunity to
2328comment. The redevelopment of such public housing project shall not be the basis for: (i)
2329termination of assistance or eviction of any tenant; (ii) reduction of assistance or eviction of any
2330tenant; or (iii) re-screening any existing tenant; provided, that no existing tenant shall be
2331considered a new admission for any purpose, including, but not limited to, compliance with any
2332income targeting requirements. Any such project shall have at least the same number of low rent
2333housing units as the number of low rent housing units in the existing project. The requirements 107 of 181
2334of this paragraph shall be implemented through contracts, use agreements, regulations or other
2335means, as determined by the department. Any contracts, use agreements, regulations or other
2336means shall be in compliance with all applicable local, state and federal subsidy programs and
2337shall delineate: (i) the roles of the housing authority and other agencies in monitoring and
2338enforcing compliance, including tracking temporary and permanent displacement; (ii) how the
2339housing authority shall rehouse tenants so there shall be no displacement from affordable
2340housing programs operated by the housing authority; and (iii) how tenants shall be provided with
2341technical assistance to facilitate meaningful input related to the redevelopment of the proposed
2342project. The benefits of any contracts, use agreements, regulations or other means shall inure to
2343any tenant who occupied a unit within the project at the time of the transfer or conveyance of the
2344project. Protections relating to tenant contribution, lease terms, eviction, grievance, resident
2345participation, preference in hiring and privacy rights, except as may be required to secure
2346financing necessary for the feasibility of the project or to meet associated programmatic
2347eligibility requirements, shall inure to both present or future tenants or applicants of the project,
2348who shall have the right to enforce the same as third-party beneficiaries. Nothing in this section
2349shall create a separate or new administrative process of appeal or review for any grievance
2350governed by the lease of any tenant. Tenants shall have an opportunity for comment on a project
2351proposed under the fourteenth paragraph and an opportunity for public comment to be organized
2352by the owners, controlled entities, designated private entities or public housing authorities
2353responsible for such projects with adequate notice.
2354 SECTION 36. The third sentence of subsection (b) of section 3 of chapter 121E of the
2355General Laws, as so appearing, is hereby amended by striking out clause (3) and inserting in
2356place thereof the following clause: 108 of 181
2357 (3) issued only if a contract or agreement for the use of the property for housing purposes
2358provides for the recording of a restriction in the registry of deeds or the registry district of the
2359land court in the county in which the affected real property is located, for the benefit of the
2360department, running with the land, that the land be used for providing alternative forms of rental
2361and ownership housing; provided, that the property shall not be released from the restriction
2362until: (i) the balance of the principal and interest for the loan has been repaid in full; (ii) a
2363mortgage foreclosure deed has been recorded; or (iii) there has been a disposition of the
2364property; provided, that the department determines that relevant clients will be better served at an
2365alternative property and the proceeds from the disposition of the property will be used, to the
2366extent necessary for replacement of the housing at the property, for 1 or both of the following
2367purposes: (A) to acquire such alternative property; or (B) to rehabilitate such alternative
2368property;.
2369 SECTION 37. Said section 3 of said chapter 121E, as so appearing, is hereby further
2370amended by striking out, in lines 41 to 44, inclusive, the words “, provided that the project
2371continues to remain affordable housing as set forth in the contract or agreement entered into for
2372the duration of the project by the department” and inserting in place thereof the following
2373words:- ; provided, that the project, whether at the original property, or at an alternative property
2374pursuant to clause (3), continues to remain affordable housing as set forth in the contract or
2375agreement entered into for the duration of the project by the department.
2376 SECTION 38. Section 2 of chapter 121F of the General Laws, as so appearing, is hereby
2377amended by striking out subsection (a) and inserting in place thereof the following subsection:- 109 of 181
2378 (a) There shall be within the department a separate fund to be known as the Housing
2379Stabilization and Investment Trust Fund. The department shall administer the fund and shall
2380ensure that funds are distributed among urban, suburban and rural areas with a particular
2381emphasis on the development of alternative forms of housing and local and regional needs. Such
2382funds shall be used for the purpose of undertaking projects to develop and support affordable
2383housing developments and homeownership affordability through the acquisition, preservation,
2384new construction and rehabilitation of affordable housing, including, but not limited to, the
2385preservation and improvement of existing privately-owned and state or federally-assisted
2386housing. Uses of the fund may include: (i) assistance for projects to stabilize and promote
2387reinvestment in cities and towns, including, but not limited to, preserving and improving existing
2388privately-owned and state or federally-assisted housing and any other techniques necessary to
2389achieve reinvestment; provided, that funds may be expended for energy audits and housing
2390modifications to achieve energy efficiency and conservation; and (ii) assistance for housing
2391where the expiration of federal or state low-income housing tax credits or other federal or state
2392subsidies would lead or has led to the termination of a use agreement for low-income housing or
2393in which a project-based rental assistance contract is expiring or has expired. The fund shall be
2394an expendable trust fund and shall not be subject to appropriation.
2395 SECTION 39. Said section 2 of said chapter 121F, as so appearing, is hereby further
2396amended by striking out, in line 28, the words “nonprofit or for-profit organizations” and
2397inserting in place thereof the following words:- eligible entities pursuant to subsection (a) of
2398section 3.
2399 SECTION 40. Said section 2 of said chapter 121F, as so appearing, is hereby further
2400amended by striking out, in lines 35 to 38, inclusive, the words “or the Community Economic 110 of 181
2401Development Assistance Corporation established in chapter 40H to provide assistance from the
2402fund for projects owned or sponsored by nonprofit organizations” and inserting in place thereof
2403the following words:- to provide assistance from the fund.
2404 SECTION 41. Section 3 of said chapter 121F, as so appearing, is hereby amended by
2405striking out subsections (a) and (b) and inserting in place thereof the following 2 subsections:-
2406 (a) The fund shall finance low and no-interest loans, grants, subsidies, credit
2407enhancements and other financial assistance for rental and ownership housing; provided, that any
2408assistance provided shall be the minimum amount necessary to make a project feasible; provided
2409further, that loans, grants, subsidies, credit enhancements and other financial assistance pursuant
2410to this chapter may be provided to qualified for-profit or non-profit developers, community
2411development corporations, local housing authorities, community action agencies, community-
2412based or neighborhood-based non-profit housing organizations, other non-profit organizations
2413and for-profit entities and governmental bodies; provided further, that recipients may enter into
2414subcontracts to administer the contracts with other for-profit or nonprofit organizations; provided
2415further, that loans, grants, subsidies, credit enhancements and other financial assistance pursuant
2416to this chapter may be provided for the acquisition of property to provide or preserve affordable
2417housing; provided further, that the loan program may be administered by the department through
2418contracts with the Massachusetts Housing Partnership Fund established in section 35 of chapter
2419405 of the acts of 1985; provided further, that the program may include acquisition, financing
2420and other holding costs, interim management costs and operating costs and may be used by the
2421Massachusetts Housing Partnership Fund to secure, collateralize or reserve against other
2422financing obtained by the Massachusetts Housing Partnership Fund to support such costs; and
2423provided further, that not less than 75 per cent of the beneficiaries of the housing shall be persons 111 of 181
2424whose income is not more than 60 per cent of the area median income and not less than 13 per
2425cent of the beneficiaries of the housing shall be persons whose income is not more than 30 per
2426cent of the area median income.
2427 (b)(1) Activities eligible for assistance from the fund shall include, but shall not be
2428limited to: (i) projects to develop and support affordable housing developments and
2429homeownership affordability through the acquisition, preservation, new construction and
2430rehabilitation of affordable housing; and (ii) the preservation of affordable housing developments
2431that: (A) are currently, or were previously, subject to prepayment or payment of a state or
2432federally-assisted mortgage; (B) are receiving project-based rental assistance under section 8 of
2433the United States Housing Act of 1937, 42 U.S.C. 1437f, and the rental assistance is expiring; or
2434(C) have received other project-based federal or state subsidies which are terminating or have
2435terminated.
2436 (2) Property eligible for assistance shall include, but shall not be limited to, housing
2437where the prepayment or payment of a state or federally-assisted mortgage or the expiration of
2438federal low income housing tax credits or other federal or state subsidies would lead or has led to
2439the termination of a use agreement for low income housing or in which a project-based rental
2440assistance contract is expiring or has expired; provided, that a property eligible for assistance that
2441has been acquired for the purpose of preserving or improving the property shall not lose
2442eligibility due to actions by the purchaser to renew or extend state or federal contracts or
2443subsidies.
2444 (3) The department, in consultation with nonprofit organizations, the Community
2445Economic Development Assistance Corporation, the Massachusetts Housing Finance Agency 112 of 181
2446and the Massachusetts Housing Partnership Fund, shall identify projects at greatest risk of
2447prepayment, payment, termination of subsidies and use restrictions or nonrenewal of rental
2448assistance. Funding priority shall be based on at-risk criteria to be determined by the department
2449and set forth in regulations promulgated by the department.
2450 SECTION 42. Said section 3 of said chapter 121F, as so appearing, is hereby further
2451amended by striking out subsection (d) and inserting in place thereof the following subsection:-
2452 (d) Prior to providing assistance, the department shall determine that: (i) the housing
2453would not, by private enterprise alone and without government assistance, be available to lower
2454income families and individuals; and (ii) the amount of assistance is the minimum amount
2455necessary to make the housing development feasible. The department shall require, as a
2456condition of receiving assistance, that: (A) the housing remain affordable for its useful life as
2457determined by the department; and (B) with respect to rental housing, the operations of the
2458owner and its articles of organization and by-laws, and any changes to the articles of
2459organization and by-laws, shall be subject to regulation by the department.
2460 SECTION 43. Section 5 of said chapter 121F, as so appearing, is hereby amended by
2461striking out, in lines 2 to 5, inclusive, the words “including, but not limited to, regulations
2462relative to grants to cities and towns for the demolition of certain vacant and abandoned
2463buildings and procedures for neighborhood revitalization plans”.
2464 SECTION 44. The General Laws are hereby amended by inserting after chapter 121G the
2465following chapter:-
2466 CHAPTER 121H 113 of 181
2467 SUPPORTIVE HOUSING POOL FUND
2468 Section 1. As used in this chapter, the following words shall, unless the context clearly
2469requires otherwise, have the following meanings:
2470 “Chronically homeless”, a person who has been homeless for at least 1 year or has been
2471repeatedly homeless.
2472 “Executive office”, the executive office of housing and livable communities.
2473 “Fund”, the Supportive Housing Pool Fund established in section 2.
2474 “Permanent supportive housing”, rental housing that includes supportive services for
2475individuals and families who may be homeless or chronically homeless, individuals and families
2476with behavioral health needs or substance addiction needs, survivors of domestic violence,
2477survivors of human trafficking, survivors of sexual violence, individuals and families at risk of
2478entering or transitioning out of the foster care system, youth and young adults, seniors and
2479veterans or other individuals with similar needs, as determined by the executive office.
2480 Section 2. (a) There shall be a Supportive Housing Pool Fund to support the production
2481of permanent supportive housing. The fund shall be administered by the executive office directly
2482or through contracts with 1 or more of the following administering agencies: (i) the Community
2483Economic Development Assistance Corporation, established in chapter 40H; (ii) the
2484Massachusetts Housing Partnership Fund, established in section 35 of chapter 405 of the acts of
24851985; or (iii) the Massachusetts Housing Finance Agency, established in chapter 708 of the acts
2486of 1966; provided, that an administering agency may directly offer financial assistance for the
2487purposes pursuant to this section or may enter into subcontracts with non-profit organizations 114 of 181
2488established pursuant to chapter 180 for those purposes; and provided further, that the
2489administering agency may establish additional program requirements through regulations or
2490policy guidelines.
2491 (b) There shall be credited to the fund: (i) revenue from appropriations or other money
2492authorized by the general court and specifically designated for the fund; (ii) any gifts, grants,
2493private contributions, repayment of loans, fees and charges imposed relative to the making of
2494loans, grants, subsidies, credit enhancements and other financial assistance; (iii) any investment
2495income earned on the fund’s assets; and (iv) any other sources. Money remaining in the fund at
2496the end of a fiscal year shall not revert to the General Fund.
2497 Section 3. Funds expended pursuant to this chapter shall be in the form of grants, loans or
2498other financial assistance to projects and organizations that shall provide stable housing options
2499and supportive services to residents of permanent supportive housing, which may include, but
2500shall not be limited to, staffing, case management, service coordination or other tenancy-related
2501services provided by a project sponsor or through a third party, or other services or activities that
2502the executive office has determined are essential to the day-to-day operation of permanent
2503supportive housing.
2504 Section 4. The executive office may promulgate regulations for the implementation,
2505administration and enforcement of this chapter and may, in consultation with the executive office
2506of health and human services, the executive office of elder affairs, the department of children and
2507families and the Massachusetts office for victim assistance, issue guidelines for the fund.
2508 SECTION 45. Chapter 143 of the General Laws is hereby amended by adding the
2509following section:- 115 of 181
2510 Section 101. The executive office of housing and livable communities shall promulgate
2511regulations to ensure that no seller of a residential structure or a residential condominium unit, or
2512an agent thereof, shall: (i) condition the acceptance of an offer to purchase on the prospective
2513purchaser’s agreement to waive, limit, restrict or otherwise forego any prospective purchaser’s
2514right to have the structure or unit inspected, except when the sale of the structure or unit is to
2515occur at an auction conducted by an auctioneer licensed under chapter 100; or (ii) accept an offer
2516to purchase from a prospective purchaser, or an agent thereof who, in advance of the seller’s
2517acceptance of an offer, informs the seller, either directly or indirectly, that the prospective
2518purchaser intends to waive, in whole or in part, the prospective purchaser’s right to inspection;
2519provided, however, that the seller may accept such an offer without violating this section if the
2520prospective purchaser is: (A) the spouse, sibling, child, parent, grandparent, grandchild, great-
2521grandchild or great-grandparent of the seller; or (B) the former spouse of the seller and the sale
2522of the structure or unit is being made pursuant to a judgment or order under chapter 208;
2523provided further, that other limited exceptions may be provided for by regulation.
2524 SECTION 46. Chapter 183A of the General Laws is hereby amended by striking out
2525section 16, as so appearing, and inserting in place thereof the following section:-
2526 Section 16. The owners of any land may submit the land under this chapter by the
2527recording in the registry of deeds of a master deed or, if the title to the land is registered under
2528chapter 185, by filing the master deed under said chapter 185.
2529 SECTION 47. Said chapter 183A is hereby further amended by adding the following
2530section:- 116 of 181
2531 Section 24. (a) Notwithstanding any provisions in a master deed, declaration of trust or
2532by-laws of a condominium submitted pursuant to this chapter to the contrary, the governing body
2533of the organization of unit owners may conduct regularly scheduled or special meetings by
2534telephonic or video conference call or other interactive electronic communication process;
2535provided, however, that all participants shall be able to simultaneously communicate with each
2536other during the meeting. Presence by such electronic means shall satisfy any quorum
2537requirements. The governing body may vote on any action properly before the body and approve
2538meeting minutes by electronic means including, but not limited to, email and video conferencing.
2539 (b) The governing body may conduct annual or special meetings of the unit owners where
2540physical presence is not required. Such meetings may be held by telephonic or video conference
2541call or other interactive electronic communication process as determined by the governing body.
2542The governing body shall notify all unit owners of such meetings and provide access information
2543for participation in such meetings. Participation by electronic means shall satisfy quorum
2544requirements. The governing body shall take reasonable measures to ensure that unit owners can
2545participate fully, including by reading or hearing the proceedings and posing questions or
2546comments.
2547 (c) The governing body may allow unit owners to vote on any matter by mail-in ballot or
2548electronic means; provided, however, that a quorum of unit owners shall be present for the vote.
2549The governing body may promulgate and amend policies related to electronic meetings and
2550voting, pursuant to its rule-making authority as set forth in the governing documents of the
2551organization of unit owners. If a master deed, declaration of trust, by-law or other document of
2552the organization of unit owners requires the signature or written consent of unit owners, unit 117 of 181
2553owners may electronically submit their signatures or written consent as determined by the
2554governing body.
2555 SECTION 48. Chapter 185 of the General Laws is hereby amended by striking out
2556section 52 and inserting in place thereof the following section:-
2557 Section 52. (a) As used in this section, “notice of voluntary withdrawal” shall mean an
2558instrument in writing signed and acknowledged by all owners of the land to be voluntarily
2559withdrawn and that contains the following information: (i) names and addresses of all owners;
2560(ii) the certificate of title number with the registration book and page numbers; (iii) a description
2561of the land in the form contained in the certificate of title or a description incorporating by
2562reference the lot numbers, if numbered and the land court plan, together with a reference to the
2563certificate with which the plan is filed; and (iv) the street address of the land, if any. The notice
2564of voluntary withdrawal shall include warning to all interest holders entitled to notice that any
2565objection to the requested withdrawal shall be filed with the court not later than 30 days
2566following the service of the notice or shall be waived.
2567 (b) A judgment of registration and the entry of a certificate of title shall be
2568 regarded as an agreement running with the land and binding upon the plaintiff and the
2569plaintiff's successors in title that the land shall be and forever remain registered land and subject
2570to this chapter unless withdrawn under this section and except as provided in section 26.
2571 (c) If all of a parcel of land, the title to which is registered under this chapter, is acquired
2572by the commonwealth, any agency, department, board, commission or authority of the
2573commonwealth, any political subdivision of the commonwealth or any agency, department,
2574board, commission or authority of any political subdivision of the commonwealth, the 118 of 181
2575acquisition shall be a sufficient ground for withdrawal of the registered land from this chapter.
2576The land so acquired shall be withdrawn upon the filing with the land court of a complaint for
2577voluntary withdrawal by the public entity and the endorsement by a justice of the land court of a
2578notice of withdrawal by the public entity, which shall be filed in the registry district where the
2579land is located.
2580 (d) The owners of the fee simple estate in a parcel of land, the title to which has been
2581registered under this chapter, may voluntarily withdraw the registered land from this chapter by
2582filing with the land court a complaint for voluntary withdrawal naming themselves as all of the
2583owners of the fee simple estate in the entire parcel of land, and identifying any mortgagees,
2584lessees or option holders of record having an interest in the registered land, together with a notice
2585of voluntary withdrawal. The plaintiff shall file with the complaint documentation sufficient to
2586establish conclusively their ownership of the fee simple estate in the entire parcel of land that is
2587the subject of the complaint, including, but not limited to, a last-prepared certificate of title,
2588deeds, conveyance records or other documents or instruments that demonstrate their ownership
2589interest. The plaintiff also may file with the court written and signed assents from any interest
2590holders entitled to notice who have agreed to the withdrawal. Upon the request of the plaintiff or
2591the court’s determination of reasonable need, the court may appoint an examiner of title, whose
2592fees shall be paid by the plaintiff, to prepare a report sufficient to identify the current owners and
2593all current mortgagees, lessees, or option holders with interests in the land who are entitled to
2594notice. The court’s order of appointment shall be made not later than 30 days after receipt of the
2595complaint or request for appointment, if later made, unless the court, for good cause, determines
2596that appointment at a later time is indicated, and shall direct such report to be prepared and filed
2597with the court not later than 14 days after the appointment is made, unless the court, for good 119 of 181
2598cause, then or thereafter allows further time. All interest holders entitled to notice who have not
2599assented shall be served by certified mail with a file-stamped copy of the complaint and notice of
2600voluntary withdrawal. The court may order further notice to be given, including by additional
2601means, if the court determines it necessary or desirable to accomplish effective service. The
2602plaintiff shall file with the court an affidavit certifying that such notice by certified mail or other
2603means ordered by the court has been given, together with proof of service. Where the plaintiff is
2604represented by counsel, the affidavit shall be executed by counsel.
2605 (e) If no objection has been filed by any interest holder entitled to notice not later than 30
2606days following service, a justice of the court shall approve and endorse the notice of voluntary
2607withdrawal not later than 30 days following receipt of all required information and
2608documentation unless the court, for good cause, determines that further time is indicated.
2609Notwithstanding the filing of an objection not later than 30 days, the notice of voluntary
2610withdrawal shall be endorsed by a justice of the land court unless the court determines that there
2611is good cause for the objection. Upon endorsement by a justice of the land court, the notice of
2612voluntary withdrawal shall be filed for registration and noted on the memorandum of
2613encumbrances for the certificate of title and may be recorded with the registry of deeds for the
2614district within which the land lies, whereupon the land shall be withdrawn from this chapter and
2615shall become unregistered land. The owners shall hold title to the land free of all liens and
2616encumbrances, including adverse possession and prescriptive rights, existing as of the date the
2617judicially-endorsed notice of voluntary withdrawal is noted on the memorandum of
2618encumbrances, as though a judgment of confirmation without registration had been recorded
2619under section 56A; provided, however, that the owners shall not hold title free of the
2620encumbrances set forth or referred to in section 46 and those noted on the certificate of title or 120 of 181
2621filed for registration before the date the endorsed notice of voluntary withdrawal is noted on the
2622memorandum of encumbrances.
2623 (f) The chief justice of the land court or a designee may promulgate or establish rules,
2624practices, guidelines, forms or procedures, including an appropriate filing fee for the complaint
2625and notice of voluntary withdrawal, as necessary to implement this section.
2626 SECTION 49. Said chapter 185 is hereby further amended by striking out section 114
2627and inserting in place thereof the following section:-
2628 Section 114. (a) No erasure, alteration or amendment shall be made upon the registration
2629book after the entry of a certificate of title or of a memorandum thereon and the attestation of the
2630same by the recorder or an assistant recorder without court order, except in an instance in which
2631the assistant recorder, upon approval of the chief title examiner of the land court or their
2632designee, determines that a clerical error or omission has been made in the entry of the certificate
2633of title or memorandum thereon.
2634 (b) A registered owner or other person in interest may apply by complaint to the court
2635upon the grounds that: (i) registered interests of any description, whether vested, contingent,
2636expectant or inchoate, have terminated and ceased; (ii) new interests not appearing upon the
2637certificate have arisen or been created; (iii) an error or omission was made in entering a
2638certificate or any memorandum thereon; (iv) the name of any person on the certificate has been
2639changed; (v) the registered owner has married, or if registered as married, that the marriage has
2640been terminated; (vi) a corporation which owned registered land and has been dissolved has not
2641conveyed the same within 3 years after its dissolution; or (vii) upon any other reasonable ground,
2642and the court may hear and determine the complaint after notice to all parties in interest, and may 121 of 181
2643order the entry of a new certificate, the entry or cancellation of a memorandum upon a
2644certificate, or grant any other relief upon such terms, requiring security if necessary, as it may
2645consider proper; provided, however, that this section shall not authorize the court to open the
2646original judgment of registration; and provided further, that nothing shall be done by the assistant
2647recorder or ordered by the court that shall impair the title or other interest of a purchaser holding
2648a certificate for value and in good faith, or their heirs or assigns, without their written consent.
2649 SECTION 50. Section 15B of chapter 186 of the General Laws, as appearing in the 2022
2650Official Edition, is hereby amended by inserting after the figure “(2)”, in line 25, the following
2651words:- ; provided, however, that the executive office of housing and livable communities may
2652promulgate regulations to authorize a lessor and a tenant or prospective tenant to agree to the
2653payment of a fee in lieu of payment of a security deposit; provided further, that any such
2654regulations shall: (A) require the lessor to utilize a fee collected to waive a security deposit to
2655cover for unpaid rent or unit damage that applies to the tenant’s lease; (B) require that a fee so
2656collected be: (I) entirely or partially non-refundable; provided, however, that the lessor shall
2657disclose that the fee is non-refundable in the lease; provided further, that the tenant shall agree to
2658the fee and acknowledge that the tenant understand that it is entirely or partially non-refundable,
2659as the case may be, in writing; and (II) a recurring monthly fee, or payable upon any schedule
2660and in an amount that the lessor and tenant agree upon, as authorized by the executive office; (C)
2661limit the total sum of the fee or recurring payments, regardless of the duration of the lease and
2662any extensions thereto, to an amount not to exceed 1 month’s rent; (D) require that the fee be
2663made optional for both the tenant and the lessor and that the tenant be permitted to choose to pay
2664a full security deposit rather than the fee; (E) require a lessor who offers such a fee in lieu of
2665security deposit: (I) to offer the option of a fee in lieu of a security deposit to every prospective 122 of 181
2666tenant whose application for occupancy has been approved, regardless of income, race, gender,
2667gender identity, disability, sexual orientation, immigration status, size of household or credit
2668score; and (II) not to consider such factors and categories when setting the amount of the fee; and
2669(F) allow a tenant who agrees to pay a fee to waive a security deposit to opt-out of the obligation
2670to pay such fee if such tenant pays the security deposit that would otherwise be in effect for the
2671tenant’s apartment on the day the tenant chooses to opt-out of such fee; provided further, that the
2672sum of fees paid to waive a security deposit and the payment of the security deposit shall not
2673exceed, in total, the amount of 1 month’s rent; and provided further, that the executive office
2674shall consult with the office of the attorney general prior to promulgating regulations authorizing
2675a fee in lieu of a security deposit under this section.
2676 SECTION 51. Section 1 of chapter 188 of the General Laws, as appearing in the 2022
2677Official Edition, is hereby amended by striking out, in lines 15, 21, 25, 41 and 47, each time it
2678appears, the figure “$500,000” and inserting in place thereof, in each instance, the following
2679figure:- $1,000,000.
2680 SECTION 52. Chapter 239 of the General Laws is hereby amended by adding the
2681following section:-
2682 Section 16. (a) For the purposes of this section, the following words shall have the
2683following meanings unless the context clearly requires otherwise:-
2684 “Consumer report”, a written, oral or other communication of any information by a
2685consumer reporting agency bearing on a person’s credit worthiness, credit standing or credit
2686capacity that is used or expected to be used or collected, in whole or in part, for the purpose of 123 of 181
2687serving as a factor in establishing the person’s eligibility for rental housing or other purposes
2688authorized under section 51 of chapter 93.
2689 “Consumer reporting agency”, an individual, partnership, corporation, trust, estate,
2690cooperative, association, government or governmental subdivision or agency or other entity that,
2691for monetary fees, dues or on a cooperative nonprofit basis, regularly engages, in whole or in
2692part, in the practice of assembling or evaluating consumer credit information or other
2693information on consumers for the purpose of furnishing consumer reports to third parties.
2694 “Court”, the trial court of the commonwealth established pursuant to section 1 of chapter
2695211B and any departments or offices established within the trial court.
2696 “Court record”, any paper or electronic records or data in any communicable form
2697compiled by, on file with or in the care custody or control of, the court that concern a person and
2698relate to the nature or disposition of an eviction action or a lessor action.
2699 “Eviction action”, a summary process action under this chapter to recover possession of
2700residential premises.
2701 “Lessor action”, any civil action brought against the owner, manager or lessor of
2702residential premises by the tenant or occupant of such premises relating to or arising out of such
2703property, rental, tenancy or occupancy for breach of warranty, breach of any material provision
2704of the rental agreement or violation of any other law.
2705 “No-fault eviction”, an eviction action in which the notice to quit, notice of termination
2706or complaint does not include an allegation of nonpayment of rent or violation of any material
2707term of the tenancy by the tenant or occupant; provided, however, that a “no-fault eviction” shall 124 of 181
2708include an action brought after termination of a tenancy for economic, business or other reasons
2709not constituting a violation of the terms of the tenancy.
2710 (b) A person having a court record of a no-fault eviction on file in a court may petition
2711the court to seal the court record at any time after the conclusion of the action, including
2712exhaustion of all rights of appeal. The petition shall be on a form furnished by the trial court of
2713the commonwealth, signed under the penalties of perjury and filed in the same court as the action
2714sought to be sealed. If an action was active in more than 1 court during its pendency, a petition
2715may be filed in each such court. Notice shall be given to parties to the original action. The court
2716shall comply with the petitioner’s request to seal the court record pursuant to this subsection;
2717provided, however, that the record only pertains to a no-fault eviction and the action to which the
2718record relates has concluded with all rights of appeal exhausted. If no objection is filed by a party
2719within 7 days of filing the petition, such court may, in its discretion, process such petitions
2720administratively without a hearing.
2721 (c) A person having a court record in an eviction action for nonpayment of rent on file in
2722a court may, on a form furnished by the trial court and signed under the penalties of perjury,
2723petition the court to seal the court record. The petition shall be filed in the same court as the
2724action sought to be sealed. If an action was active in more than 1 court during its pendency, a
2725petition may be filed in each such court. Notice shall be given to parties to the original action.
2726The court shall comply with the petitioner’s request to seal the court record pursuant to this
2727subsection; provided, however, that the action to which the record relates concluded, including
2728exhaustion of all rights of appeal, not less than 4 years before the request and no eviction action
2729for nonpayment or lessor action has been brought against the petitioner within the
2730commonwealth in the 4 years preceding the request; provided further, that the petitioner certifies 125 of 181
2731on the petition that the nonpayment of rent was due to an economic hardship and such economic
2732hardship has rendered them unable to satisfy the judgment. If no objection is filed by a party, the
2733court may, in its discretion, process such petitions administratively without a hearing. If an
2734objection is filed by a party, within 7 days of filing the petition, the court shall conduct a hearing
2735to determine the petitioner’s compliance with the foregoing conditions and may require the
2736petitioner to complete a financial statement on a form furnished by the trial court.
2737 (d) A person having a court record of a fault eviction on file in a court may, on a form
2738furnished by the trial court and signed under the penalties of perjury, petition the court to seal the
2739court record. The petition shall be filed in the same court as the action sought to be sealed. If an
2740action was active in more than 1 court during its pendency, a petition may be filed in each such
2741court. Notice shall be given to parties to the original action. The court shall comply with the
2742petitioner’s request to seal the court record pursuant to this subsection; provided, however, that
2743the action to which the record relates concluded, including exhaustion of all rights of appeal, not
2744less than 7 years before the request and no eviction action for fault or lessor action has been
2745brought against the petitioner within the commonwealth in the 7 years preceding the request. If
2746no objection is filed by a party, within 7 days of filing the petition, the court may, in its
2747discretion, process such petitions administratively without a hearing.
2748 (e) A person having a court judgment against them in a civil action commenced pursuant
2749to section 19 of chapter 139 on file in a court may, on a form furnished by the trial court and
2750signed under the penalties of perjury, petition the court to seal the court record. The petition shall
2751be filed in the same court as the action sought to be sealed. If an action was active in more than 1
2752court during its pendency, a petition may be filed in each such court. Notice shall be given to
2753parties to the original action. The court shall schedule a hearing to determine whether: (i) the 126 of 181
2754action to which the record relates concluded, including exhaustion of all rights of appeal, not less
2755than 7 years before the request and no eviction action for fault, or action pursuant to said section
275619 of said chapter 139, has been brought against the petitioner within the commonwealth in the 7
2757years preceding the request, and such petitioner has not been convicted of any criminal offense
2758referenced in said section 19 of said chapter 139 during such 7-year period; and (ii) the sealing of
2759such record is in the interest of justice and public safety. Notwithstanding any provision to the
2760contrary, where the plaintiff did not obtain a judgment in its favor, the defendant may petition to
2761seal the court record at any time after the conclusion of the action, including exhaustion of all
2762rights of appeal.
2763 (e1/2) A person having a court record of an eviction action that resulted in a dismissal or
2764final judgment in favor of the defendant may petition the court to seal the court record at any
2765time after the conclusion of the action, which shall include exhaustion of all rights of appeal. The
2766petition shall be on a form furnished by the trial court, signed under the penalties of perjury and
2767filed in the same court as the action sought to be sealed was initially filed. If the action was
2768active in more than 1 court during its pendency, a petition may be filed in each such court.
2769Notice to parties of the original action shall not be required. The court may, in its discretion,
2770process the petition administratively without a hearing.
2771 (f) Upon motion and for good cause shown, or as otherwise authorized by this section,
2772court records sealed under this section may, at the discretion of the court and upon a balancing of
2773the interests of the litigants and the public in nondisclosure of the information with the interests
2774of the requesting party, be made available for public safety, scholarly, educational, journalistic or
2775governmental purposes only; provided, however, that the personal identifying information of the
2776parties involved in the action shall remain sealed unless the court determines that release of such 127 of 181
2777information is appropriate under this subsection and necessary to fulfill the purpose of the
2778request. Nothing in this subsection shall permit the release of personal identifying information
2779for commercial purposes.
2780 (g) Nothing in this section shall prohibit the dissemination of information contained in a
2781record sealed pursuant to this section as the court deems necessary or appropriate: (i) for the
2782collection of a money judgment; (ii) to pursue a criminal investigation; (iii) to pursue a criminal
2783prosecution; or (iv) where information in the sealed record was entered into evidence in a
2784criminal prosecution that resulted in a criminal charge.
2785 (h) Nothing in this section shall prohibit a person or their representative from petitioning
2786the court to obtain access to sealed eviction records in which the person is a party.
2787 (i) A consumer reporting agency shall not disclose the existence of, or information
2788regarding, an eviction record sealed under this section or use information contained in a sealed
2789court record as a factor to determine any score or recommendation to be included in a consumer
2790report unless the court record was available for inspection with the court within 30 days of the
2791report date. A consumer reporting agency may include in a consumer report information found in
2792publicly available court records; provided, however, that the consumer report shall include a
2793person’s full name, whether an eviction action was a fault eviction, a no-fault eviction or a lessor
2794action and the outcome of any eviction action if such information is contained in the publicly-
2795available court record. Information contained in a court record sealed under this section shall be
2796removed from the consumer report or from the calculation of any score or recommendation to be
2797included in a consumer report within 30 days of the sealing of the court record from which it is
2798derived. Any consumer reporting agency that violates this subsection shall be liable to the person 128 of 181
2799who is the subject of the consumer report in an amount equal to the sum of any actual damages
2800sustained by the consumer as a result of the violation and the costs of the action, including
2801reasonable attorney’s fees. The attorney general shall enforce this subsection, and the remedies
2802provided hereunder shall not be exclusive. Nothing in this subsection shall waive the rights or
2803remedies of any person under any other law or regulation.
2804 (j) An application used to screen applicants for housing or credit that seeks information
2805concerning prior eviction actions of the applicant shall include the following statement: “An
2806applicant for housing or credit with a sealed record on file with the court pursuant to section 16
2807of chapter 239 of the General Laws may answer ‘no record’ to an inquiry relative to that sealed
2808court record.” No party shall be liable for any violation of the foregoing provision unless such
2809party has first been issued a written warning from the attorney general and has failed to address
2810the violation within 90 days of such notice.
2811 The petition provided by the court for the sealing of records as provided under this
2812section and any order granting such petition shall contain the following notice: “An applicant for
2813housing or credit with a sealed record on file with the court pursuant to section 16 of chapter 239
2814of the General Laws may answer ‘no record’ to an inquiry relative to that sealed court record.”
2815 (k) A party who obtains a judgment or enters into an agreement in an eviction action
2816solely for nonpayment of rent shall, not more than 14 days after satisfaction of the judgment or
2817agreement, file with the court in which the judgment or agreement was entered a notice of
2818satisfaction of the judgment or agreement. A party that has satisfied such judgment or agreement
2819may, upon noncompliance with this subsection by the other party, file a petition for the judgment
2820or agreement to be deemed satisfied, with notice to the parties to such action. The court shall 129 of 181
2821comply with the petitioner’s request; provided, however, that the record only pertains to an
2822action for nonpayment of rent and the judgment or agreement has been satisfied. If no objection
2823is filed by a party within 7 days of filing the petition, the court may, in its discretion, process
2824such petition administratively without a hearing. Upon the filing of a notice of satisfaction of
2825judgment or an agreement, or court judgment deeming the judgment or agreement satisfied, a
2826party may petition the court to seal the court record pertaining to that action. The petition shall be
2827on a form furnished by the trial court, signed under the penalties of perjury and filed in the same
2828court as the action sought to be sealed. If an action was active in more than 1 court during its
2829pendency, a petition may be filed in each such court. Notice shall be given to the parties to the
2830original action. The court shall comply with the petitioner’s request and seal the court record if
2831the judgment or agreement has been satisfied and the action has concluded, with all rights of
2832appeal exhausted and with no objection filed by a party within 7 days of filing the petition. The
2833court may process such petitions administratively without a hearing.
2834 SECTION 53. Section 3 of chapter 708 of the acts of 1966, as amended by section 43 of
2835chapter 204 of the acts of 1996, is hereby further amended by striking out, in the first sentence,
2836the words “department of housing and community development” and inserting in place thereof
2837the following words:- executive office of housing and livable communities.
2838 SECTION 54. The first paragraph of said section 3 of said chapter 708, as most recently
2839amended by sections 43 and 44 of said chapter 204, is hereby further amended by striking out the
2840third sentence and inserting in place thereof the following sentence:- Any law to the contrary
2841notwithstanding the MHFA shall not be subject to the provisions of chapter 30A, sections 24
2842through 28, inclusive, of chapter 93, chapter 255E or chapter 255F of the General Laws. 130 of 181
2843 SECTION 55. The first sentence of the second paragraph of said section 3 of said chapter
2844708, as amended, is hereby further amended by striking out the words “director of housing and
2845community development” and inserting in place thereof the following words:- secretary of
2846housing and livable communities.
2847 SECTION 56. Paragraph (b) of section 8 of said chapter 708, is hereby amended by
2848striking out the sixth sentence, as most recently amended by chapter 34 of the acts of 2003, and
2849inserting in place thereof the following sentence:- The aggregate principal amount of notes and
2850bonds of the MHFA issued to make mortgage loans pursuant to section 5 and to make or
2851purchase loans pursuant to section 5A, outstanding at any 1 time, shall not exceed the sum of
2852$10,800,000,000.
2853 SECTION 57. Clause (iii) of the definition of “Housing accommodation” in section 3 of
2854chapter 527 of the acts of 1983, as appearing in section 4 of chapter 709 of the acts of 1989, is
2855hereby amended by striking out, the first time it appears, the word “buildings” and inserting in
2856place thereof the following words:- owner-occupied buildings.
2857 SECTION 58. Paragraph (a) of section 35 of chapter 405 of the acts of 1985 is hereby
2858further amended by striking out the words “department of housing and community
2859development”, as appearing in section 47 of chapter 204 of the acts of 1996, and inserting in
2860place thereof the following words:- executive office of housing and livable communities.
2861 SECTION 59. Said paragraph (a) of said section 35 of said chapter 405 is hereby further
2862amended by striking out the words “communities and development”, as appearing in section 36
2863of chapter 102 of the acts of 1990, and inserting in place thereof the following words:- housing
2864and livable communities. 131 of 181
2865 SECTION 60. Section 2 of chapter 52 of the acts of 1993 is hereby amended by striking
2866out item 4000-8200, most recently amended by sections 15 to 18, inclusive, of chapter 244 of the
2867acts of 2002, and inserting in place thereof the following item:-
2868 4000-8200For state financial assistance to implement the recommendations of the
2869special commission in the form of loans for the development of community-based housing for
2870individuals with mental health or intellectual or developmental disabilities; provided, that said
2871loan program shall be administered by the executive office of housing and livable communities
2872through contracts with authorities which shall be limited to housing authorities and
2873redevelopment authorities duly organized and existing in accordance with chapter 121B of the
2874General Laws, community development corporations duly organized and existing in accordance
2875with chapter 40F of the General Laws, the Massachusetts Housing Finance Agency, a body
2876politic and corporate entity established by chapter 708 of the acts of 1966, as amended, the
2877Massachusetts community economic development assistance corporation (CEDAC), a body
2878politic and corporate entity established by chapter 40H of the General Laws, and the
2879Massachusetts Government Land Bank, a body politic and corporate entity established by
2880chapter 212 of the acts of 1975; provided, that said loan issuing authorities may develop or
2881finance said community-based housing, or may enter into subcontracts with non-profit
2882organizations established pursuant to chapter 180 of the General Laws or organizations in which
2883such non-profit corporations have a controlling financial or managerial interest; provided,
2884however, that said department shall take due consideration of a balanced geographic plan for
2885such community-based housing when issuing said loans; provided further, that loans issued
2886pursuant to this item shall be subject to the following provisions: (1) said loans shall be limited
2887to not more than 50 per cent of the financing of the total development costs; (2) said loans shall 132 of 181
2888only be issued for a community-based housing project contingent on the title to said real property
2889reverting to the commonwealth when said loan becomes due and payable except as provided by
2890section 3; (3) said loans shall only be issued when any contract or agreement for the use of said
2891property for the purposes of such community-based housing provides for the recording of a
2892restriction in the registry of deeds or the registry district of the land court of the county in which
2893the affected real property is located, for the benefit of the said departments, running with the
2894land, that the land be used for the purpose of providing community-based housing for eligible
2895individuals as determined by the departments of mental health; provided, that the property shall
2896not be released from such restrictions unless: (i) the balance of the principal and interest for the
2897loan has been repaid in full; (ii) a mortgage foreclosure deed has been recorded; or (iii) there has
2898been a disposition of the property; provided, that the executive office of housing and livable
2899communities, in consultation with the department of mental health and the department of
2900developmental services, determines that relevant clients will be better served at an alternative
2901property and the proceeds from the disposition of the property will be used, to the extent
2902necessary for replacement of the housing at the property, for 1 or both of the following purposes:
2903(A) to acquire such alternative property; or (B) to rehabilitate such alternative property; (4) said
2904loans shall be issued for a term of up to 30 years during which time repayment may be deferred
2905by the loan issuing authority unless at the end of any fiscal year, cash collections from all sources
2906in connection with a community-based housing project, except for contributions, donations, or
2907grant monies, exceed 105 per cent of cash expenditures on behalf of said project, including debt
2908service, operating expenses, and capital reserves, in which event such excess cash shall be paid
2909to the commonwealth within 45 days of the end of said fiscal year, payable first to interest due
2910hereunder and thereafter to principal advanced pursuant to said loan; provided, that if on the date 133 of 181
2911said loans become due and payable to the commonwealth an outstanding balance exists and if, on
2912such date, the executive office of housing and livable communities in consultation with the
2913executive office of health and human services, determines that there still exists a need for such
2914housing and that there is continued funding available for the provision of services to such
2915development, said executive office may, by agreement with the owner of the development,
2916extend the loans for such periods, each period not to extend beyond 10 years, as the executive
2917office determines; provided, however, that the project, whether at the original property, or at an
2918alternative property pursuant to clause (3), shall remain affordable housing for the duration of the
2919loan term, as extended, as set forth in the contract or agreement entered into by the executive
2920office; and provided, further, that, in the event that the terms of repayment detailed in this item
2921would cause a project authorized by this item to become ineligible to receive federal funds which
2922would otherwise assist in the development of that project, the secretary may waive the terms of
2923repayment which would cause the project to become ineligible; (5) interest rates for said loans
2924shall be fixed at a rate, to be determined by the secretary for housing and livable communities in
2925consultation with the treasurer of the commonwealth, that shall be equal to the rate anticipated to
2926be that paid by the commonwealth for bonds issued pursuant to section 8 of this act; which
2927financing shall not exceed terms of 30 years; (6) said loans shall be provided only for projects
2928conforming to the provisions of this act; and (7) said loans shall be issued in accordance with a
2929facilities consolidation plan prepared by the secretary of health and human services, reviewed
2930and approved by the secretary of housing and livable communities and filed with the secretary
2931for administration and finance and the house and senate committees on ways and means;
2932provided, that no expenditures shall be made pursuant to this item without the prior approval of
2933the secretary for administration and finance; provided further, that not more than $10,000,000 134 of 181
2934shall be expended from this item for a pilot program of community-based housing loans to serve
2935mentally-ill homeless individuals in the current or former care of said department of mental
2936health; provided further, that in implementing said pilot program, said executive office shall take
2937due consideration of a balanced geographic plan when establishing community-based residences;
2938provided further, that said housing services made available pursuant to such loans shall not be
2939construed as a right or an entitlement for any individual or class of persons to the benefits of said
2940pilot program; and provided further, that eligibility for said pilot program shall be established by
2941regulations promulgated by said executive office. The executive office of housing and livable
2942communities shall promulgate emergency regulations pursuant to section 2 of chapter 30A of the
2943General Laws for the implementation of the community-based housing loan program and the
2944mentally ill homeless pilot loan program authorized by this item, consistent with the facilities
2945consolidation plan prepared by the secretary of health and human services and after consultation
2946with said secretary and the commissioner of the division of capital asset management and
2947maintenance.……………………………………………….………………………….$50,000,000
2948 SECTION 61. Clause (2) of item 3722-8899 of section 2 of chapter 494 of the acts of
29491993 is hereby amended by striking out the words “provided, that said property shall not be
2950released from such restriction unless and until the balance of the principal and interest for said
2951loan is repaid in full or unless and until a mortgage foreclosure deed is recorded” and inserting in
2952place thereof the following words:- provided, that said property shall not be released from such
2953restriction unless and until: (i) the balance of the principal and interest for said loan has been
2954repaid in full; (ii) a mortgage foreclosure deed has been recorded; or (iii) there has been a
2955disposition of the property; provided, further that the executive office of housing and livable
2956communities shall determine that relevant clients will be better served at an alternative property 135 of 181
2957and the proceeds from the disposition of the property shall be used, to the extent necessary for
2958replacement of the housing at the property, for 1 or both of the following purposes: (A) to
2959acquire such alternative property; or (B) to rehabilitate such alternative property.
2960 SECTION 62. Clause (4) of said item 3722-8899 of said section 2 of said chapter 494 is
2961hereby amended by striking out the words “provided, that the project continues to remain
2962affordable housing as set forth in the contract or agreement entered into for the duration of the
2963project by the department” and inserting in place thereof the following words:- provided, that
2964that the project, whether at the original property, or at an alternative property pursuant to clause
2965(2), continues to remain affordable housing as set forth in the contract or agreement entered into
2966for the duration of the project by the executive office.
2967 SECTION 63. Said item 3722-8899 of said section 2 of said chapter 494 is hereby further
2968amended by striking out clauses (6) to (8), inclusive, and inserting in place thereof the following
2969clause:- and (6) the executive office shall take due consideration of a balanced geographic plan
2970for such alternative forms of housing when issuing said loans;.
2971 SECTION 64. The first paragraph of section 16 of chapter 179 of the acts of 1995 is
2972hereby amended by striking out the words “in the form of mobile vouchers” and inserting in
2973place thereof the following words:- in the form of either mobile vouchers or project-based
2974vouchers.
2975 SECTION 65. The second paragraph of section 12 of chapter 257 of the acts of 1998, as
2976amended by section 52 of chapter 235 of the acts of 2000, is hereby further amended by striking
2977out clause (2) and inserting in place thereof the following clause:- 136 of 181
2978 (2) such loans shall only be issued when a contract or agreement for the use of the
2979property for the purposes of such housing provides for the recording of a restriction in the
2980registry of deeds or the registry district of the land court in the county in which the affected real
2981property is located, for the benefit of the executive office of housing and livable communities,
2982running with the land, that the land be used for the purpose of providing alternative forms of
2983rental and ownership housing. Such property shall not be released from such restriction until: (i)
2984the balance of the principal and interest for any such loan has been repaid in full; (ii) a mortgage
2985foreclosure deed has been recorded; or (iii) there has been a disposition of the property;
2986provided, that the executive office shall determine that relevant clients will be better served at an
2987alternative property and the proceeds from the disposition of the property will be used, to the
2988extent necessary for replacement of the housing at the property, for 1 or both of the following
2989purposes: (A) to acquire such alternative property; or (B) to rehabilitate such alternative
2990property;.
2991 SECTION 66. Clause (3) of said section 12 of said chapter 257 , as so amended, is hereby
2992further amended by striking out the words “, provided that the project continues to remain
2993affordable housing as set forth in the contract or agreement entered into for the duration of the
2994project by the department” and inserting in place thereof the following words:- ; provided, that
2995the project, whether at the original property, or at an alternative property pursuant to clause (2),
2996continues to remain affordable housing as set forth in the contract or agreement entered into for
2997the duration of the project by the executive office.
2998 SECTION 67. Said section 12 of said chapter 257, as so amended, is hereby further
2999amended by striking out clauses (5) to (7), inclusive, and inserting in place thereof the following 137 of 181
3000clause:- and (5) said executive office shall take due consideration of a balanced geographic plan
3001for such alternative forms of housing when issuing such loans.
3002 SECTION 68. The second paragraph of section 5 of chapter 244 of the acts of 2002 is
3003hereby amended by striking out clause (2) and inserting in place thereof the following clause:-
3004 (2) such loans shall only be issued when a contract or agreement for the use of the
3005property for the purposes of such housing provides for the recording of a restriction in the
3006registry of deeds or the registry district of the land court in the county in which the affected real
3007property is located, for the benefit of the executive office of housing and livable communities,
3008running with the land, that the land be used for the purpose of providing alternative forms of
3009rental and ownership housing. Such property shall not be released from such restriction until: (i)
3010the balance of the principal and interest for any such loan has been repaid in full; (ii) a mortgage
3011foreclosure deed has been recorded; or (iii) there has been a disposition of the property;
3012provided, that the executive office shall determine that relevant clients will be better served at an
3013alternative property and the proceeds from the disposition of the property will be used, to the
3014extent necessary for replacement of the housing at the property, for 1 or both of the following
3015purposes: (A) to acquire such alternative property; or (B) to rehabilitate such alternative
3016property;.
3017 SECTION 69. Said second paragraph of said section 5 of said chapter 244 is hereby
3018further amended by striking out, in clause (3), the words “provided that the project continues to
3019remain affordable housing as set forth in the contract or agreement entered into for the duration
3020of the project by the department” and inserting in place thereof the following words:- ; provided,
3021that the project, whether at the original property, or at an alternative property pursuant to clause 138 of 181
3022(2), continues to remain affordable housing as set forth in the contract or agreement entered into
3023for the duration of the project by the executive office.
3024 SECTION 70. Said second paragraph of said section 5 of said chapter 244 is hereby
3025further amended by striking out clauses (5) to (7), inclusive, and inserting in place thereof the
3026following clause:- and (5) said executive office shall take due consideration of a balanced
3027geographic plan for such alternative forms of housing when issuing such loans.
3028 SECTION 71. Clause (3) of item 4000-8200 of section 2E of chapter 290 of the acts of
30292004, as amended by section 20 of chapter 6 of the acts of 2005, is hereby amended by striking
3030out the words “provided, that the property shall not be released from such restrictions until the
3031balance of the principal and interest for the loan is repaid in full or until a mortgage foreclosure
3032deed is recorded” and inserting in place thereof the following words:- provided, that the property
3033shall not be released from such restrictions unless: (i) the balance of the principal and interest for
3034the loan has been repaid in full; (ii) a mortgage foreclosure deed has been recorded; or (iii) the
3035executive office of housing and livable communities has determined, pursuant to clause (2), that
3036repayment to the commonwealth is not required.
3037 SECTION 72. Clause (4) of said item 4000-8200 of said section 2E of said chapter 290,
3038as so amended, is hereby amended by striking out the words “provided, however, that the project
3039shall continue to remain affordable housing for the duration of the loan term, as extended, as set
3040forth in the contract or agreement entered into by the department” and inserting in place thereof
3041the following words:- provided, however, that the project, whether at the original property, or at
3042an alternative property pursuant to clause (3), shall continue to remain affordable housing for the 139 of 181
3043duration of the loan term, as extended, as set forth in the contract or agreement entered into by
3044the executive office.
3045 SECTION 73. Said item 4000-8200 of said section 2E of said chapter 290, as so
3046amended, is hereby further amended by striking out clauses (6) and (7).
3047 SECTION 74. Said item 4000-8200 of said section 2E of said chapter 290, as so
3048amended, is hereby further amended by striking out the figure “(8)” and inserting in place thereof
3049the following figure:- (6).
3050 SECTION 75. Said item 4000-8200 of said section 2E of said chapter 290, as so
3051amended, is hereby further amended by striking out the figure “(9)” and inserting in place thereof
3052the following figure:- (7).
3053 SECTION 76. Said item 4000-8200 of said section 2E of said chapter 290, as so
3054amended, is hereby further amended by striking out the figure “(10)” and inserting in place
3055thereof the following figure:- (8).
3056 SECTION 77. Item 4000-8201 of said section 2E of said chapter 290 is hereby amended
3057by striking out clause (2) and inserting in place thereof the following clause:-
3058 (2) said loans shall be issued only when any contract or agreement for the use of said
3059property for the purposes of such housing provides for repayment to the commonwealth at the
3060time of disposition of the property if such property will no longer be subject to a recorded deed
3061restriction pursuant to clause (3); provided, however, that such repayment shall be an amount
3062equal to the commonwealth’s proportional contribution from this item to the cost of the
3063development through payments made by the state agency making the contract; provided, further, 140 of 181
3064that such repayment shall not be required if the executive office of housing and livable
3065communities, in consultation with the Massachusetts rehabilitation commission, determines that
3066relevant clients will be better served at an alternative property and the proceeds from the
3067disposition of the property will be used, to the extent necessary for replacement of the housing at
3068the property, for 1 or both of the following purposes: (A) to acquire such alternative property; or
3069(B) to rehabilitate such alternative property.
3070 SECTION 78. Clause (3) of said item 4000-8201 of said section 2E of said chapter 290 is
3071hereby amended by striking out the words “provided further, that the property shall not be
3072released from such restrictions until the balance of the principal and interest for the loan is repaid
3073in full or until a mortgage foreclosure deed is recorded” and inserting in place thereof the
3074following words:- provided further, that the property shall not be released from such restrictions
3075unless: (A) the balance of the principal and interest for the loan has been repaid in full; (B) a
3076mortgage foreclosure deed has been recorded; or (C) the executive office of housing and livable
3077communities has determined, pursuant to clause (2), that repayment to the commonwealth is not
3078required.
3079 SECTION 79. Clause (4) of said item 4000-8201 of said section 2E of said chapter 290 is
3080hereby amended by striking out the words “provided, however, that the project shall continue to
3081remain affordable housing for the duration of the loan term, as extended, as set forth in the
3082contract or agreement entered into by the department” and inserting in place thereof the
3083following words:- provided, however, that the project, whether at the original property, or at an
3084alternative property pursuant to clause (2), shall continue to remain affordable housing for the
3085duration of the loan term, as extended, as set forth in the contract or agreement entered into by
3086the executive office. 141 of 181
3087 SECTION 80. Said item 4000-8201 of said section 2E of said chapter 290 is hereby
3088further amended by striking out clauses (6) and (7).
3089 SECTION 81. Said item 4000-8201 of said section 2E of said chapter 290 is hereby
3090further amended by striking out the figure “(8)” and inserting in place thereof the following
3091figure:- (6).
3092 SECTION 82. Said item 4000-8201 of said section 2E of said chapter 290 is hereby
3093further amended by striking out the figure “(9)” and inserting in place thereof the following
3094figure:- (7).
3095 SECTION 83. Said item 4000-8201 of said section 2E of said chapter 290 is hereby
3096further amended by striking out the figure “(10)” and inserting in place thereof the following
3097figure:- (8).
3098 SECTION 84. Item 4000-8200 of said section 2E of said chapter 290, as amended by
3099section 20 of chapter 6 of the acts of 2005, is hereby further amended by striking out clause (2)
3100and inserting in place thereof the following clause:- (2) such loans shall be issued only when any
3101contract or agreement for the use of the property for such housing provides for repayment to the
3102commonwealth at the time of disposition of the property if such property will no longer be
3103subject to a recorded deed restriction pursuant to clause (3); provided, however, that such
3104repayment shall be an amount equal to the commonwealth’s proportional contribution from the
3105Facilities Consolidation Fund to the cost of the development through payments made by the state
3106agency making the contract; provided further, that such repayment shall not be required if the
3107executive office of housing and livable communities, in consultation with the department of
3108mental health and the department of developmental services, determines that relevant clients will 142 of 181
3109be better served at an alternative property and the proceeds from the disposition of the property
3110shall be used, to the extent necessary for replacement of the housing at the property to: (i)
3111acquire such alternative property; or (ii) rehabilitate such alternative property;.
3112 SECTION 85. Item 7004-7013 of said section 2E of said chapter 290, as amended by
3113section 21 of chapter 6 of the acts of 2005, is hereby further amended by inserting after the figure
3114“2002” the following words:- , as amended.
3115 SECTION 86. Section 5 of chapter 293 of the acts of 2006 is hereby amended by
3116inserting after the definition of “Economic development project” the following definition:-
3117 “Eligible housing increment”, a new residential unit that may either be a single-family
3118house or 1 dwelling unit in a building or development containing 2 or more dwelling units,
3119which dwelling units may be rental units or units in a condominium or cooperative, or a
3120combination of any of the foregoing, and that is created as part of an economic development
3121project and pursuant to an infrastructure development assistance agreement approved by the
3122secretary under this act.
3123 SECTION 87. Said section 5 of said chapter 293 is hereby further amended by striking
3124out the definition of “New revenue” and inserting in place thereof the following definition:-
3125 “New revenue”, revenue derived from a commercial or residential component of an
3126economic development project by the creation of any eligible new jobs or eligible housing
3127increments or by new economic activity that would otherwise not have taken place in the
3128commonwealth on said commercial component or on, or as a result of, said residential
3129component, as each may be more fully defined by any rules, regulations or guidelines
3130promulgated by the secretary or the commissioner. 143 of 181
3131 SECTION 88. The definition of “New state tax revenues” in said section 5 of said chapter
3132293 is hereby amended by inserting after the word “components” the following words:- or on
3133account of the residential components.
3134 SECTION 89. Said section 5 of said chapter 293, is hereby further amended by inserting
3135after the definition of “Public infrastructure improvements” the following definition:-
3136 “Residential component”, any component of an economic development project
3137comprising 1 or more eligible housing increments, as more fully described in, or determined in
3138accordance with, a certified economic development project.
3139 SECTION 90. Clause (iv) of subsection (a) of section 7 of said chapter 293 is hereby
3140amended by inserting after the words “each commercial” the following words:- or residential.
3141 SECTION 91. Said clause (iv) of said subsection (a) of said section 7 of said chapter 293
3142is hereby further amended by inserting after the words “all commercial” the following words:-
3143and residential.
3144 SECTION 92. Clause (i) of subsection (c) of said section 7 of said chapter 293 is hereby
3145amended by inserting after the word “commercial” the following words:- and residential.
3146 SECTION 93. Subsection (e) of said section 7 of said chapter 293, inserted by section 7
3147of chapter 129 of the acts of 2008, is hereby amended by inserting after the word “met” the
3148following words:- , and with respect to projects which include a residential component, shall give
3149priority to projects within any MBTA community as defined in section 1A of chapter 40A of the
3150General Laws; provided, that such MBTA community is in compliance with the requirements of
3151section 3A of said chapter 40A. 144 of 181
3152 SECTION 94. Subsection (a) of section 10 of said chapter 293, as amended by section 10
3153of said chapter 129, is hereby further amended by inserting after the words “the commercial” the
3154following words:- or residential.
3155 SECTION 95. Said subsection (a) of said section 10 of said chapter 293, as so amended,
3156is hereby further amended by inserting after the words “each commercial”, each time they
3157appear, the following words:- or residential.
3158 SECTION 96. Subsection (b) of said section 10 of said chapter 293, as amended by
3159section 11 of said chapter 129, is hereby further amended by inserting after the word
3160“commercial”, each time it appears, the following words:- or residential.
3161 SECTION 97. Subsection (c) of said section 10 of said chapter 293 is hereby amended by
3162inserting after the words “commercial components”, each time they appear, the following
3163words:- or residential components.
3164 SECTION 98. Item 7004-0029 of section 2 of chapter 119 of the acts of 2008 is hereby
3165amended by striking out clause (2) and inserting in place thereof the following clause:-
3166 (2) be issued only when a contract or agreement for the use of the property for such
3167housing provides for repayment to the commonwealth at the time of disposition of the property if
3168such property will no longer be subject to a recorded deed restriction pursuant to clause (3);
3169provided, however, that such repayment shall be in an amount equal to the commonwealth’s
3170proportional contribution from the Facilities Consolidation Fund to the cost of the development
3171through payments made by the state agency making the contract; provided, further, that such
3172repayment shall not be required if the executive office of housing and livable communities, in
3173consultation with the department of mental health and the department of developmental services, 145 of 181
3174determines that relevant clients will be better served at an alternative property and the proceeds
3175from the disposition of the property will be used, to the extent necessary for replacement of the
3176housing at the property, for 1 or both of the following purposes: (A) to acquire such alternative
3177property; or (B) to rehabilitate such alternative property.
3178 SECTION 99. Clause (3) of said item 7004-0029 of said section 2 of said chapter 119 is
3179hereby amended by striking out the words “provided, that the property shall not be released from
3180such restriction until the balance of the principal and interest for the loan has been repaid in full
3181or until a mortgage foreclosure deed has been recorded” and inserting in place thereof the
3182following words:- provided, that the property shall not be released from such restriction unless:
3183(i) the balance of the principal and interest for the loan has been repaid in full; (ii) a mortgage
3184foreclosure deed has been recorded; or (iii) the executive office of housing and livable
3185communities has determined, pursuant to clause (2), that repayment to the commonwealth is not
3186required.
3187 SECTION 100. Clause (4) of said item 7004-0029 of said section 2 of said chapter 119 is
3188hereby amended by striking out the words “provided, however, that the project shall remain
3189affordable housing for the duration of the loan term, including any extension thereof, as set forth
3190in the contract or agreement entered into by the department” and inserting in place thereof the
3191following words:- provided, however, that the project, whether at the original property, or at an
3192alternative property pursuant to clause (3), shall remain affordable housing for the duration of the
3193loan term, including any extension thereof, as set forth in the contract or agreement entered into
3194by the executive office. 146 of 181
3195 SECTION 101. Clause (5) of said item 7004-0029 of said section 2 of said chapter 119 is
3196hereby amended by striking out the following words:- provided further, that expenditures from
3197this item shall not be made for the purpose of refinancing outstanding mortgage loans for
3198community-based housing in existence prior to the effective date of this act; provided further,
3199that community-based housing projects developed pursuant to this item shall not be refinanced
3200during the term of any loan issued pursuant to this item unless the balance of the principal and
3201interest for such loan has been repaid in full at the time of such refinancing; provided further,
3202that the community-based housing projects may be refinanced if the refinancing would result in a
3203reduction of costs paid by the commonwealth; provided further, that a refinanced loan shall be
3204due and payable on a date not later than the date on which the original loan was due and payable,
3205except in accordance with clause (4) when necessary to effect extraordinary repairs or
3206maintenance which shall be approved by the commissioner of mental retardation or the
3207commissioner of mental health, as the case may be, and the department;.
3208 SECTION 102. Item 7004-0030 of said section 2 of said chapter 119 is hereby amended
3209by striking out clause (2) and inserting in place thereof the following clause:-
3210 (2) be issued only when a contract or agreement for the use of the property for the
3211purposes of such housing provides for repayment to the commonwealth at the time of disposition
3212of the property if such property will no longer be subject to a recorded deed restriction pursuant
3213to clause (3); provided, however, that such repayment shall be in an amount equal to the
3214commonwealth’s proportional contribution from community-based housing to the cost of the
3215development through payments made by the state agency making the contract; provided, further,
3216that such repayment shall not be required if the executive office of housing and livable
3217communities, in consultation with the Massachusetts rehabilitation commission, determines that 147 of 181
3218relevant clients will be better served at an alternative property and the proceeds from the
3219disposition of the property will be used, to the extent necessary for replacement of the housing at
3220the property, for 1 or both of the following purposes: (A) to acquire such alternative property; or
3221(B) to rehabilitate such alternative property;.
3222 SECTION 103. Clause (3) of said item 7004-0030 of said section 2 of said chapter 119 is
3223hereby amended by striking out the words “provided further, that the property shall not be
3224released from such restrictions until the balance of the principal and interest for the loan has been
3225repaid in full or until a mortgage foreclosure deed has been recorded” and inserting in place
3226thereof the following words:- provided further, that the property shall not be released from such
3227restrictions unless: (A) the balance of the principal and interest for the loan has been repaid in
3228full; (B) a mortgage foreclosure deed has been recorded; or (C) the executive office of housing
3229and livable communities has determined, pursuant to clause (2), that repayment to the
3230commonwealth is not required.
3231 SECTION 104. Clause (4) of said item 7004-0030 of said section 2 of said chapter 119 is
3232hereby amended by striking out the words “provided, however, that the project shall continue to
3233remain affordable housing for the duration of the loan term, including any extensions thereof, as
3234set forth in the contract or agreement entered into by the department” and inserting place thereof
3235the following words:- provided, however, that the project, whether at the original property, or at
3236an alternative property pursuant to clause (2), shall continue to remain affordable housing for the
3237duration of the loan term, including any extensions thereof, as set forth in the contract or
3238agreement entered into by the executive office. 148 of 181
3239 SECTION 105. Said item 7004-0030 of said section 2 of said chapter 119 is hereby
3240further amended by striking out clause (5) and inserting in place thereof the following clause:-
3241 (5) have interest rates fixed at a rate, to be determined by the executive office, in
3242consultation with the state treasurer; provided, that the loans shall be issued in accordance with
3243an enhancing community-based services plan prepared by the secretary of health and human
3244services, in consultation with the executive office and filed with the secretary for administration
3245and finance and the house and senate committees on ways and means and the joint committee on
3246housing; provided further, that no expenditure shall be made from this item without the prior
3247approval of the secretary for administration and finance; provided further, that the executive
3248office shall promulgate regulations pursuant to chapter 30A of the General Laws for the
3249implementation, administration and enforcement of this item, consistent with the enhancing
3250community-based services plan prepared by the secretary of health and human services after
3251consultation with the secretary and the commissioner of capital asset management and
3252maintenance.
3253 SECTION 106. Sections 30, 36 and 98 of chapter 238 of the acts of 2012 are hereby
3254repealed.
3255 SECTION 107. Item 7004-0040 of section 2 of chapter 129 of the acts of 2013 is hereby
3256amended by striking out clause (ii) and inserting in place thereof the following clause:-
3257 (ii) be issued only when a contract or agreement for the use of the property for such
3258housing provides for repayment to the commonwealth at the time of disposition of the property if
3259such property will no longer be subject to a recorded deed restriction pursuant to clause (iii);
3260provided, however, that such repayment shall be in an amount equal to the commonwealth’s 149 of 181
3261proportional contribution from the Facilities Consolidation Fund to the cost of the development
3262through payments made by the state agency making the contract; provided, further, that such
3263repayment shall not be required if the executive office of housing and livable communities, in
3264consultation with the department of mental health and the department of developmental services,
3265determines that relevant clients will be better served at an alternative property and the proceeds
3266from the disposition of the property will be used, to the extent necessary for replacement of the
3267housing at the property, for 1 or both of the following purposes: (A) to acquire such alternative
3268property; or (B) to rehabilitate such alternative property;.
3269 SECTION 108. Clause (iii) of said item 7004-0040 of said section 2 of said chapter 129
3270is hereby amended by striking out the words “provided, however, that the property shall not be
3271released from such restriction until the balance of the principal and interest for the loan has been
3272repaid in full or until a mortgage foreclosure deed has been recorded” and inserting in place
3273thereof the following words:- provided, however, that the property shall not be released from
3274such restriction unless: (A) the balance of the principal and interest for the loan has been repaid
3275in full; (B) a mortgage foreclosure deed has been recorded; or (C) the executive office of housing
3276and livable communities has determined, pursuant to clause (ii), that repayment to the
3277commonwealth is not required.
3278 SECTION 109. Clause (iv) of said item 7004-0040 of said section 2 of said chapter 129
3279is hereby amended by striking out, in clause (iv), the words “provided further, that the project
3280shall remain affordable housing for the duration of the loan term, including any extension
3281thereof, as set forth in the contract or agreement entered into by the department” and inserting in
3282place thereof the following words:- provided further, that the project, whether at the original
3283property, or at an alternative property pursuant to clause (ii), shall remain affordable housing for 150 of 181
3284the duration of the loan term, including any extension thereof, as set forth in the contract or
3285agreement entered into by the executive office.
3286 SECTION 110. Item 7004-0041 of said section 2 of said chapter 129 is hereby amended
3287by striking out clause (ii) and inserting in place thereof the following clause:-
3288 (ii) be issued only when a contract or agreement for the use of the property for the
3289purposes of such housing provides for repayment to the commonwealth at the time of disposition
3290of the property if such property will no longer be subject to a recorded deed restriction pursuant
3291to clause (iii); provided, however, that such repayment shall be in an amount equal to the
3292commonwealth’s proportional contribution from community-based housing to the cost of the
3293development through payments made by the state agency making the contract; provided, further,
3294that such repayment shall not be required if the executive office of housing and livable
3295communities, in consultation with the Massachusetts rehabilitation commission, determines that
3296relevant clients will be better served at an alternative property and the proceeds from the
3297disposition of the property will be used, to the extent necessary for replacement of the housing at
3298the property, for 1 or both of the following purposes: (A) to acquire such alternative property; or
3299(B) to rehabilitate such alternative property;.
3300 SECTION 111. Clause (iii) of said item 7004-0041 of said section 2 of said chapter 129
3301is hereby amended by striking out the words “provided, however, that the property shall not be
3302released from such restrictions until the balance of the principal and interest for the loan has been
3303repaid in full or until a mortgage foreclosure deed has been recorded” and inserting in place
3304thereof the following words:- provided however, that the property shall not be released from
3305such restrictions unless: (A) the balance of the principal and interest for the loan has been repaid 151 of 181
3306in full; (B) a mortgage foreclosure deed has been recorded; or (C) the executive office of housing
3307and livable communities has determined, pursuant to clause (ii), that repayment to the
3308commonwealth is not required.
3309 SECTION 112. Clause (iv) of said item 7004-0041 of said section 2 of said chapter 129
3310is hereby amended by striking out the words “provided, however, that the project shall continue
3311to remain affordable housing for the duration of the loan term, including any extensions thereof,
3312as set forth in the contract or agreement entered into by the department” and inserting place
3313thereof the following words:- provided, however, that the project, whether at the original
3314property, or at an alternative property pursuant to clause (ii), shall continue to remain affordable
3315housing for the duration of the loan term, including any extensions thereof, as set forth in the
3316contract or agreement entered into by the executive office.
3317 SECTION 113. Item 7004-0050 of section 2 of chapter 99 of the acts of 2018 is hereby
3318amended by striking out clause (ii) and inserting in place thereof the following clause:-
3319 (ii) not be issued unless a contract or agreement for the use of the property for such
3320housing provides for repayment to the commonwealth at the time of disposition of the property if
3321such property will no longer be subject to a recorded deed restriction pursuant to clause (iii);
3322provided, however, that such repayment shall be in an amount equal to the commonwealth’s
3323proportional contribution from the Facilities Consolidation Fund to the cost of the development
3324through payments made by the state agency making the contract; provided, further, that such
3325repayment shall not be required if the executive office of housing and livable communities, in
3326consultation with the department of mental health and the department of developmental services,
3327determines that relevant clients will be better served at an alternative property and the proceeds 152 of 181
3328from the disposition of the property will be used, to the extent necessary for replacement of the
3329housing at the property, for 1 or both of the following purposes: (A) to acquire such alternative
3330property; or (B) to rehabilitate such alternative property.
3331 SECTION 114. Said item 7004-0050 of said section 2 of said chapter 99 is hereby further
3332amended by striking out the words “until the balance of the principal and interest for the loan has
3333been repaid in full or until a mortgage foreclosure deed has been recorded” and inserting in place
3334thereof the following words:- unless: (A) the balance of the principal and interest for the loan has
3335been repaid in full; (B) a mortgage foreclosure deed has been recorded; or (C) the executive
3336office of housing and livable communities has determined, pursuant to clause (ii) of this item,
3337that repayment to the commonwealth is not required.
3338 SECTION 115. Said item 7004-0050 of said section 2 of said chapter 99 is hereby further
3339amended by striking out the words “shall remain affordable housing for the duration of the loan
3340term, including any extension thereof, as set forth in the contract or agreement entered into by
3341the department” and inserting in place thereof the following words:-, whether at the original
3342property, or at an alternative property pursuant to clause (ii), shall remain affordable housing for
3343the duration of the loan term, including any extension thereof, as set forth in the contract or
3344agreement entered into by the executive office.
3345 SECTION 116. Item 7004-0051 of said section 2 of said chapter 99 is hereby amended
3346by striking out clause (ii) and inserting in place thereof the following clause:-
3347 (ii) not be issued unless a contract or agreement for the use of the property for the
3348purposes of such housing provides for repayment to the commonwealth at the time of disposition
3349of the property if such property will no longer be subject to a recorded deed restriction pursuant 153 of 181
3350to clause (iii); provided, however, that such repayment shall be in an amount equal to the
3351commonwealth’s proportional contribution from community-based housing to the cost of the
3352development through payments made by the state agency making the contract; provided, further,
3353that such repayment shall not be required if the executive office of housing and livable
3354communities, in consultation with the Massachusetts rehabilitation commission, determines that
3355relevant clients will be better served at an alternative property and the proceeds from the
3356disposition of the property will be used, to the extent necessary for replacement of the housing at
3357the property, for 1 or both of the following purposes: (A) to acquire such alternative property; or
3358(B) to rehabilitate such alternative property;.
3359 SECTION 117. Said item 7004-0051 of said section 2 of said chapter 99 is hereby further
3360amended by striking out the words “until the balance of the principal and interest for the loan has
3361been repaid in full or until a mortgage foreclosure deed has been recorded” and inserting in place
3362thereof the following words:- unless: (A) the balance of the principal and interest for the loan has
3363been repaid in full; (B) a mortgage foreclosure deed has been recorded; or (C) the executive
3364office of housing and livable communities has determined, pursuant to clause (ii), that repayment
3365to the commonwealth is not required.
3366 SECTION 118. Said item 7004-0051 of said section 2 of said chapter 99 is hereby further
3367amended by striking out the words “shall continue to remain affordable housing for the duration
3368of the loan term, including any extensions thereof, as set forth in the contract or agreement
3369entered into by the department” and inserting place thereof the following words:-, whether at the
3370original property, or at an alternative property pursuant to clause (ii), shall continue to remain
3371affordable housing for the duration of the loan term, including any extensions thereof, as set
3372forth in the contract or agreement entered into by the executive office. 154 of 181
3373 SECTION 119. (a) For the purposes of this section, the following words shall, unless the
3374context clearly requires otherwise, have the following meanings:
3375 “Development cost”, an expenditure directly related to the construction or substantial
3376rehabilitation of a municipal conversion project, including the cost of site assessment and
3377remediation of hazardous materials, but excluding the purchase of the property.
3378 “Executive office”, the executive office of housing and livable communities.
3379 “Substantial rehabilitation”, the necessary major redevelopment, repair and renovation of
3380a property, including, but not limited to, site assessment and remediation of hazardous materials,
3381but excluding the purchase of the property, as determined by the executive office.
3382 (b) The executive office shall establish a municipal conversion project competitive grant
3383program for municipalities to apply for grants to assist with the development costs of converting
3384commercial property into residential housing, including, but not limited to, commercial buildings
3385located on main streets or in downtown municipal areas, commercial centers and office parks.
3386 (c)(1) A municipality may apply to the executive office for funds for the development
3387costs of capital projects to convert commercial properties.
3388 (2) The executive office shall determine the criteria for the award of grants to
3389municipalities pursuant to subsection (b), including, but not limited to, criteria for: (i) the
3390substantial rehabilitation to convert a building for primary multi-unit residential use; (ii) the
3391amount of market rate units, upon completion of the conversion, to be sold or leased; and (iii)
3392additional factors to be considered, including, but not limited to: (A) proximity to transportation
3393and transit; and (B) parking, if applicable. 155 of 181
3394 (3) The executive office shall review applications from a municipality for a grant for the
3395development costs of municipal conversion projects, on a form prescribed by the executive
3396office.
3397 (d) The executive office shall promulgate rules or regulations for administering the grant
3398program, including, but not limited to, regulations pertaining to: (i) criteria pursuant to paragraph
3399(2) of subsection (c); (ii) the amounts of each award of funds to a municipality; (iii) the use of
3400funds for conversion projects; (iv) the eligibility of developers to conduct such projects; and (v)
3401the revocation of a grant for an uncompleted project.
3402 (e) Annually, not later than December 1, the executive office shall report to the clerks of
3403the house of representatives and the senate, the house and senate committees on ways and means,
3404the joint committee on housing and the joint committee on bonding, capital expenditures and
3405state assets on amounts awarded to municipalities for qualified projects pursuant to subsection
3406(b), delineated by municipality and including for each qualified project, the total grant amount, a
3407description of the project and the status of the project.
3408 SECTION 120. Notwithstanding any general or special law, rule or regulation to the
3409contrary, the architectural access board established in section 13A of chapter 22 of the General
3410Laws shall determine the value of any multiple dwelling as defined in 521 CMR 5.00 that is
3411owned, constructed or renovated by a housing authority as defined in section 1 of chapter 121B
3412of the General Laws by setting a replacement cost that is determined by and reflected in the
3413executive office of housing and livable communities’ Capital Planning System survey and
3414database for state-funded public housing. For such dwellings that are not included in the survey
3415and database, the replacement cost shall be calculated by the executive office based on the 156 of 181
3416replacement cost for comparable dwellings that are included in the survey and database. The
3417executive office shall supplement the survey and database on file with the architectural access
3418board for any such dwelling by preparing and filing documentation identifying the replacement
3419cost for the dwelling and the method by which it was calculated.
3420 SECTION 121. (a) As used in this section and sections 122 and 123, the following words
3421shall have the following meanings unless the context clearly requires otherwise:
3422 “Affordable housing purposes”, development of multi-family housing, of which either: (i)
3423not less than 25 per cent shall be affordable to households with incomes at or below 80 per cent
3424of the area median income, adjusted for household size; or (ii) not less than 20 per cent shall be
3425affordable to households with incomes at or below 50 per cent of the area median income,
3426adjusted for household size; provided, that affordable housing purposes may include subsequent
3427conveyance by a public agency, as defined in section 1 of chapter 7C of the General Laws, other
3428than a state agency, with a restriction for affordable housing purposes.
3429 “Commissioner”, the commissioner of capital asset management and maintenance.
3430 “Housing purposes”, development of housing for use as the primary residence of the
3431occupant including, but not limited to, market rate housing, affordable housing and public
3432housing; provided, however, that housing purposes may include subsequent conveyance by a
3433public agency, other than a state agency, with a restriction for housing purposes; provided
3434further, that housing purposes shall include affordable housing purposes.
3435 “Public agency”, as defined in section 1 of chapter 7C of the General Laws; provided,
3436however, that “public agency” shall include the Massachusetts Department of Transportation, the
3437Massachusetts Bay Transportation Authority and the University of Massachusetts Building 157 of 181
3438Authority; provided further, that “public agency” shall not include cities, towns or counties or
3439any boards, committees, commissions or other instrumentalities thereof, or any agency that is a
3440state agency as defined in said section 1 of said chapter 7C.
3441 “Public institution of higher education”, as defined in section 5 of chapter 15A of the
3442General Laws.
3443 “Real property”, as defined in said section 1 of chapter 7C of the General Laws.
3444 “Real property of the commonwealth”, real property of a state agency consistent with
3445chapter 7C of the General Laws.
3446 “Secretary”, the secretary for administration and finance.
3447 “State agency”, as defined in section 1 of chapter 7C of the General Laws; provided,
3448however, that “state agency” shall not include counties.
3449 “Surplus real property”, (i) real property of the commonwealth that has been determined
3450by the commissioner to be surplus: (A) to the current and foreseeable needs of the
3451commonwealth pursuant to clause (i) of paragraph (2) of subsection (b); or (B) to the current and
3452foreseeable needs of a state agency pursuant to section 33 or 34 of chapter 7C of the General
3453Laws; or (ii) real property of a public agency to be surplus to the current and foreseeable needs
3454of the public agency, as determined by the public agency; provided, however, that “surplus real
3455property” shall not include property subject to Article XCVII of the Amendments to the
3456Constitution of the Commonwealth. 158 of 181
3457 (b)(1) Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the General Laws or
3458any other general or special law to the contrary, the commissioner may sell, lease for a term not
3459to exceed 99 years, transfer or otherwise dispose of surplus real property for housing purposes.
3460 (2)(i) The commissioner may, in consultation with the secretary and the secretary of
3461housing and livable communities, determine whether real property of the commonwealth is
3462surplus real property and shall be disposed of for housing purposes; provided, however, that prior
3463to determining that the real property is surplus real property, the commissioner shall provide a
3464suitable written notice and inquiry to the state agency with care and control of the real property
3465with a date certain required for any response. If no written response is timely received from the
3466state agency specifying a current or foreseeable need for the real property, the commissioner
3467shall declare such real property as surplus real property and dispose of such surplus real property
3468for housing purposes. If a written response is timely received from the state agency specifying a
3469current or foreseeable need for the real property, the commissioner shall, in consultation with the
3470secretary, the secretary of housing and livable communities and such state agency, determine
3471whether the real property shall be declared surplus real property and disposed of for housing
3472purposes.
3473 (ii) Notwithstanding sections 32 to 37, inclusive, of said chapter 7C or any other general
3474or special law to the contrary, if any real property of the commonwealth is determined to be
3475surplus to the current needs, but not to the foreseeable needs, of any state agency, the
3476commissioner shall take such necessary action to ensure that any disposition of the real property
3477is temporary and maintains the commissioner’s ability to make such real property available to a
3478state agency as needed. 159 of 181
3479 (iii) Notwithstanding sections 32 to 37, inclusive, of said chapter 7C or any other general
3480or special law to the contrary, the commissioner may, in consultation with the secretary and the
3481secretary of housing and livable communities, make real property of the commonwealth that has
3482been determined to be surplus to the current needs, but not the foreseeable needs, of any state
3483agency available for a period of time not to exceed the foreseeable need of any state agency for
3484housing and related purposes to municipalities, public agencies and nonprofit organizations for
3485nominal consideration.
3486 (3) The president of a public institution of higher education may, with the approval of the
3487commissioner of higher education, determine that property of any such public institution of
3488higher education is surplus to the current and foreseeable needs of such institution and the
3489commissioner may dispose of such property for housing purposes, provided that the institution’s
3490board of trustees does not disapprove of such determination within 60 days after the president’s
3491determination.
3492 (4)(i) The governor may identify parcels of land owned or controlled by a public agency
3493and any buildings or improvements thereon as potential surplus real property by submitting a
3494written notice to the public agency. Not later than 30 days after receipt of the notice, the public
3495agency shall determine whether such real property is surplus to its current and foreseeable needs.
3496If the public agency determines that the real property is not surplus to its current and foreseeable
3497needs, such public agency shall respond in writing not later than 30 days after receipt of a request
3498by the governor, specifying the reason for its determination.
3499 (ii) The commissioner may, in consultation with the secretary and the secretary of
3500housing and livable communities, enter into agreements with a public agency to dispose of 160 of 181
3501surplus real property of the public agency for housing purposes; provided, however, that the
3502commissioner shall not be required to determine if the real property of the public agency is
3503surplus to the current and foreseeable needs of the commonwealth and shall not be required to
3504provide written notice and inquiry to any public agency.
3505 (c) Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the General Laws or
3506any other general or special law to the contrary, the commissioner may amend a use restriction
3507held by the commonwealth for general municipal purposes or for any other purpose, except those
3508purposes subject to Article XCVII of the Amendments to the Constitution of the Commonwealth,
3509including housing purposes.
3510 (d)(1) Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the General Laws or
3511any other general or special law to the contrary, if the commissioner, in consultation with the
3512secretary and the secretary of housing and livable communities, determines that real property is
3513surplus real property pursuant to clause (i) of paragraph (2) of subsection (b) or the
3514commissioner enters into an agreement with a public agency pursuant to clause (ii) of paragraph
3515(4) of said subsection (b), the commissioner shall: (i) provide written notice, for each city or
3516town in which the property is located, to the city manager in the case of a city under Plan E form
3517of government, the mayor and city council in the case of all other cities, the chair of the board of
3518selectmen or the select board in the case of a town, the county commissioners, the chair of the
3519zoning board of appeals, the chair of the planning board, the regional planning agency and the
3520members of the general court representing the city or town in which the property is located. The
3521notice shall include a statement that the proposed reuse of the property is for housing purposes,
3522with a date certain for any response which shall be not less than 30 days from the date of such
3523notice; (ii) following the date certain set forth in the notice, declare the real property available for 161 of 181
3524disposition and identify all reuse restrictions including, but not limited to, a restriction for
3525housing purposes; and (iii) ensure that any deed, lease or other disposition agreement shall: (A)
3526set forth all reuse restrictions including, but not limited to, a restriction for housing purposes; (B)
3527provide for effective remedies on behalf of the commonwealth; and (C) provide, in the event of a
3528failure to comply with the reuse restrictions by the grantee, lessee or other recipient, that title or
3529such lesser interest that may have been conveyed may revert to the commonwealth. The
3530commissioner shall, in identifying reuse restrictions for such property, consider in good faith any
3531comments presented by local officials and members of the general court representing each city or
3532town in which the property is located.
3533 (2) The commissioner shall, in consultation with the secretary of housing and livable
3534communities, dispose of surplus real property: (i) by utilizing appropriate competitive processes
3535and procedures; or (ii) through a sales-partnership agreement with the municipality wherein said
3536real property is located; provided, however, that the sales-partnership agreement shall require the
3537municipality to utilize appropriate competitive processes and procedures; provided further, that
3538the sales-partnership agreement may require the municipality to utilize said competitive
3539processes and select a developer prior to disposition of the real property; provided further, that
3540the commissioner may transfer the real property directly to the selected developer pursuant to the
3541sale-partnership agreement; and provided further, that the sales-partnership agreement may
3542provide for payment to the municipality in an amount not to exceed 50 per cent of the net sales
3543price paid to the commonwealth, as determined by the commissioner. A competitive process
3544pursuant to clause (i) may include, but shall not be limited to, absolute auction, sealed bids and
3545requests for price and development proposals. The commissioner may accept any consideration
3546for surplus real property disposed of pursuant to this section deemed appropriate by the 162 of 181
3547commissioner and the secretary of housing and livable communities. The commissioner shall
3548prioritize disposition of surplus real property for affordable housing purposes.
3549 (3) Not less than 30 days before the date of an auction or the date on which bids or
3550proposals or other offers to purchase or lease surplus real property are due, the commissioner
3551shall place a notice in the central register published by the state secretary pursuant to section 20A
3552of chapter 9 of the General Laws stating the availability of such property, the nature of the
3553competitive process and other information deemed relevant, including the time and location of
3554the auction, the submission of bids or proposals and the opening thereof. The commissioner shall
3555not be required to place said notice if the property is conveyed: (i) to a municipality or developer
3556selected by a municipality in accordance with paragraph (2); or (ii) for nominal consideration in
3557accordance with clause (i) of paragraph (2) of subsection (e).
3558 (4) All surplus real property conveyed pursuant to this section shall be conveyed with a
3559restriction for housing purposes. The deed or other instrument conveying the surplus real
3560property shall provide that said real property shall be used for housing purposes.
3561 (5) The commissioner shall place a notice in the central register identifying the
3562municipality, public agency, individual or firm selected as party to the real property transaction,
3563along with the amount of such transaction. If the commissioner accepts an amount below the
3564value calculated pursuant to paragraph (1) of subsection (e), the commissioner shall include the
3565justification therefor, specifying the difference between the calculated value and the price
3566received.
3567 (e)(1) The commissioner shall establish the value of surplus real property using
3568customarily accepted appraisal methodologies. The value shall be calculated for: (i) the highest 163 of 181
3569and best use of the property as may be encumbered; and (ii) subject to uses, restrictions and
3570encumbrances defined by the commissioner. If the commonwealth retains responsibility for
3571maintaining the property, the terms shall not provide for payment of less than the annual
3572maintenance costs.
3573 (2)(i) Notwithstanding paragraph (1), the commissioner may, in consultation with the
3574secretary and the secretary of housing and livable communities, dispose of surplus real property
3575for nominal consideration; provided, however, that any such surplus real property shall be
3576conveyed with a restriction for affordable housing purposes. The deed or other instrument
3577conveying the surplus real property shall provide that the property shall be used solely for
3578affordable housing purposes and may include a reversionary clause that stipulates that if the
3579parcel ceases at any time to be used for affordable housing purposes, title to the parcel shall, at
3580the election of the commonwealth, revert to the commonwealth.
3581 (ii) Notwithstanding any time limits established in section 7 of chapter 184A of the
3582General Laws or any general or special law to the contrary, the reversionary clause may be
3583enforceable.
3584 (iii) The commissioner may, in consultation with the secretary and the secretary of
3585housing and livable communities, amend a use restriction held by the commonwealth to include
3586housing purposes.
3587 (f) Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the General Laws or
3588any other general or special law to the contrary, the commissioner may, in consultation with the
3589secretary, the secretary of housing and livable communities and the state agency with care and 164 of 181
3590control of real property, transfer care and control of real property between state agencies for
3591housing purposes.
3592 (g)(1) No agreement for the sale, lease, transfer or other disposition of surplus real
3593property and no deed executed by or on behalf of the commonwealth shall be valid unless such
3594agreement or deed contains the following certification, signed by the commissioner:
3595 “The undersigned certifies under penalties of perjury that I have fully complied with the
3596Affordable Homes Act of 2024 in connection with the property described herein.”
3597 (2) No agreement for the sale, lease, transfer or other disposition of surplus real property
3598shall be valid unless the purchaser or lessee has executed and filed with the commissioner the
3599statement required by section 38 of chapter 7C of the General Laws.
3600 (h) The grantee or lessee of any surplus real property shall be responsible for all costs
3601relating to the conveyance, including, but not limited to, appraisals, surveys, plans, recordings
3602and any other expenses, as shall be deemed necessary by the commissioner.
3603 (i) The commissioner shall deposit the proceeds from any disposition of real property
3604pursuant to this section into the surplus real property disposition fund established in section 123.
3605 (j) The commissioner may, in consultation with the secretary of housing and livable
3606communities, promulgate regulations to implement this section.
3607 SECTION 122. (a) Notwithstanding chapter 40A of the General Laws or any other
3608general or special law or local zoning or municipal ordinance or by-law to the contrary, a city or
3609town shall permit the residential use of real property conveyed by the commissioner pursuant to
3610section 121 for housing purposes as of right, as defined in section 1A of said chapter 40A, 165 of 181
3611notwithstanding any use limitations otherwise applicable in the zoning district in which the real
3612property is located including, but not limited to, commercial, mixed-use development or
3613industrial uses. A city or town may impose reasonable regulations concerning the bulk and
3614height of structures and determining yard sizes, lot area, setbacks, open space and building
3615coverage requirements and a city or town may require site plan review; provided however, that
3616the city or town shall permit not less than 4 units of housing per acre.
3617 (b) Real property conveyed by the commissioner pursuant to section 121 shall include,
3618but not be limited to, the amendment of use restrictions held by the commonwealth to allow for
3619the use of such real property for housing purposes.
3620 (c) The secretary of housing and livable communities may promulgate regulations to
3621implement this section.
3622 SECTION 123. (a) There is hereby established a Surplus Real Property Disposition Trust
3623Fund to be administered by the secretary for administration and finance.
3624 (b) The fund shall be credited with: (i) the proceeds realized from the disposition of
3625surplus real property and the amendment of use restrictions pursuant to section 121; (ii) any
3626appropriation, grant, gift or other contribution made to the fund; and (iii) any interest earned on
3627money in the fund. Amounts credited to the fund shall not be subject to further appropriation and
3628any money remaining in the fund at the end of a fiscal year shall not revert to the General Fund
3629and shall be available for expenditure in the subsequent fiscal year.
3630 (c) Amounts credited to the fund may be: (i) transferred by the secretary to the state
3631agency that had care and control of the land conveyed pursuant to section 121 if the real property
3632was conveyed for fair market value consideration in an amount equal to the net proceeds of the 166 of 181
3633disposition; (ii) transferred by the secretary to the state agency that had care and control of the
3634real property conveyed pursuant to section 121 if the real property was conveyed for
3635consideration less than fair market value in an amount equal to $10,000 per unit of housing
3636permitted by the city or town in which the real property is located or the net proceeds of the
3637disposition, whichever is greater; (iii) transferred by the secretary to a municipality in accordance
3638with a sales partnership agreement pursuant to section 121; or (iv) expended for costs associated
3639with the disposition of real property pursuant to section 121 including, but not limited to,
3640demolition, site preparation and environmental remediation; provided, that all money transferred
3641to a state agency pursuant to clauses (i) and (ii) shall be expended by the agency for capital
3642facility projects as defined in section 1 of chapter 7C of the General Laws; provided further, that
3643all net proceeds from the disposition of surplus real property of a public agency other than a state
3644agency, as determined by the commissioner of capital asset management and maintenance, shall
3645be transferred to such public agency.
3646 SECTION 124. (a) Notwithstanding any general or special law to the contrary, not later
3647than 120 days after the expiration of affordability restrictions on housing units assisted under
3648items 7004-0070 and 7004-0071 of section 2, the executive office of housing and livable
3649communities or its assignee, who shall be a qualified developer selected pursuant to the terms of
3650said items 7004-0700 and 7004-0071 under the guidelines of the executive office, shall have an
3651option to purchase any such housing units at their current appraised value, reduced by any
3652remaining obligation of the owner, upon the expiration of the affordability restrictions. The
3653executive office or its assignee shall only purchase or acquire such housing units to preserve or
3654provide affordable housing. The executive office or its assignee shall hold such purchase option
3655for the first 120 days after the expiration of the affordability restrictions. Failure to exercise the 167 of 181
3656purchase option within 120 days after the expiration of the affordability restriction shall
3657constitute a waiver of the purchase option by the executive office or its assignee.
3658 (b) Not later than 30 days after the expiration of an affordability restriction pursuant to
3659subsection (a), the owner and the executive office shall each designate a professional in the field
3660of multi-unit residential housing. Each professional shall select an impartial appraiser. Not later
3661than 60 days after the expiration of the affordability restriction, the 2 impartial appraisers shall
3662determine the current appraised value in accordance with recognized professional standards. If
3663there is a difference in the valuations, the valuations shall be added together and divided by 2 to
3664determine the current appraised value of the units.
3665 (c) No sale, transfer or other disposition of the property shall be completed until either the
3666purchase option period has expired or the owner has been notified, in writing, by the executive
3667office or its assignee that the option will not be exercised. The option shall be exercised only by
3668written notice signed by a designated representative of the executive office or its assignee, sent to
3669the owner by certified mail at the address specified in the notice of intention and recorded with
3670the registry of deeds or the registry district of the land court of the county in which the affected
3671real property is located, within the option period. If the purchase option has been assigned to a
3672qualified developer selected pursuant to said items 7004-0070 and 7004-7071 of said section 2,
3673the written notice shall state the name and address of the developer and the terms and conditions
3674of the assignment.
3675 (d) Before any sale, transfer or other disposition of property for which the executive
3676office has not previously exercised an option to purchase, an owner shall offer the executive
3677office or its assignee, who shall be a qualified developer selected pursuant to said items 7004- 168 of 181
36780070 and 7004-0071 of said section 2, a first refusal option to meet a bona fide offer to purchase
3679the units. The owner shall provide to the executive office or its assignee written notice by regular
3680and certified mail, return receipt requested, of the owner’s intention to sell, transfer or otherwise
3681dispose of the property. The executive office or its assignee shall hold the first refusal option for
3682the first 120 days after receipt of the owner’s written notice of intent to transfer the property.
3683Failure to respond to the written notice of intent to sell, transfer or otherwise dispose of the
3684property within the 120-day period shall constitute a waiver of the right of first refusal by the
3685executive office. No sale, transfer or other disposition of the property shall be completed until
3686either the first refusal option period has expired or the owner has been notified in writing by the
3687executive office or its assignee that the option will not be exercised. The option shall be
3688exercised only by written notice signed by a designated representative of the executive office or
3689its assignee, sent to the owner by certified mail at the address specified in the notice of intention
3690and recorded with the registry of deeds or the registry district of the land court of the county in
3691which the affected real property is located, within the option period. If the first refusal option has
3692been assigned to a qualified developer selected pursuant to said items 7004-0070 and 7004-0071
3693of said section 2, the written notice shall state the name and address of the developer and the
3694terms and conditions of the assignment.
3695 (e) An affidavit before a notary public that the notice of intent was mailed on behalf of an
3696owner shall conclusively establish the manner and time of the giving of notice to sell, transfer or
3697otherwise dispose of the property. The affidavit and notice that the option shall not be exercised
3698shall be recorded with the registry of deeds or the registry district of the land court in the county
3699in which the affected real property is located. Each notice of intention, notice of exercise of the
3700purchase option or first refusal option and notice that the purchase option or first refusal option 169 of 181
3701shall not be exercised shall contain the name of the recorded owner of the property and a
3702reasonable description of the property to be sold or converted. Each affidavit signed before a
3703notary public shall have attached to it a copy of the notice of intention to which it relates. The
3704notices of intention shall be mailed to the relevant parties in the care of the keeper of the records
3705for the party in question. Upon notifying the owner in writing of its intention to exercise its
3706purchase option or first refusal option during the 120-day period, the executive office or its
3707assignee shall have an additional 120 days, beginning on the date the purchase option period or
3708first refusal option period expires, to purchase the units. The time periods may be extended by
3709mutual agreement between the executive office or its assignee and the owner of the property.
3710Any extension agreed upon shall be recorded in the registry of deeds or the registry district of the
3711land court of the county in which the affected real property is located. Within a reasonable time
3712after requesting an extension, the owner shall make available to the executive office or its
3713assignee any information that is reasonably necessary for the executive office to exercise its
3714option.
3715 SECTION 125. Notwithstanding any general or special law to the contrary, a private
3716entity engaged in a construction, development, renovation, remodeling, reconstruction,
3717rehabilitation or redevelopment project receiving funds pursuant to this act shall properly classify
3718individuals employed on the project and shall comply with all laws concerning workers’
3719compensation insurance coverage, unemployment insurance, social security taxes and income
3720taxes with respect to all such employees. All construction contractors engaged by a private entity
3721on any such project shall furnish documentation to the appointing authority showing that all
3722employees employed on the project have hospitalization and medical benefits that meet the 170 of 181
3723minimum requirements of the commonwealth health insurance connector established in chapter
3724176Q of the General Laws.
3725 SECTION 126. (a) Notwithstanding any general or special law to the contrary, there shall
3726be a special commission to study and make recommendations on creating affordable and healthy
3727senior housing. The commission’s recommendations shall include, but not be limited to,
3728strategies to better align housing, homecare and healthcare policy and programs to increase
3729access and opportunity for residents to age in their community, including examining the benefit
3730of providing incentives to young families to house elder adult family members to limit loneliness
3731in adult populations, assist young families and limit the overall cost to the commonwealth.
3732 (b) The commission shall consist of: the secretary of housing and livable communities or
3733a designee, who shall serve as chair; the secretary of health and human services or a designee;
3734the secretary of elder affairs or a designee; the chairs of the joint committee on elder affairs or
3735their designees; the chairs of the joint committee on housing or their designees; 1 member
3736appointed by the minority leader of the house of representatives; 1 member appointed by the
3737minority leader of the senate; 1 member appointed by the secretary of housing and livable
3738communities who shall represent an affordable housing financing agency; 1 member
3739representing Citizens Housing and Planning Association, Inc.; 1 member representing the Mass
3740Home Care Association; 1 member representing MassPACE, Inc.; 1 member representing
3741Massachusetts Association of Councils on Aging, Inc.; 1 member representing LeadingAge
3742Massachusetts, Inc.; 1 member representing Massachusetts Senior Action Council, Inc; 1
3743member representing AARP Massachusetts; 1 member representing 2Life Communities Inc.; 1
3744member representing Hebrew SeniorLife, Inc.; and 2 members appointed by the governor who 171 of 181
3745shall represent nonprofit housing developers with experience developing affordable senior rental
3746housing.
3747 (c) The study shall include, but not be limited to: (i) mapping out the economic profile of
3748older adults; (ii) determining gaps in services to older adults; (iii) identifying best practices for
3749creating supportive senior housing with sustainable funding; (iv) determining strategies for
3750connecting and streamlining services supporting older adults in their community, including
3751identifying federal waivers or other actions to support integration of such services; (v)
3752identifying partners to create opportunities for supportive housing development that incorporates
3753health care infrastructure and service; (vi) estimating the costs and potential impact of programs
3754and recommending comprehensive strategies; (vii) recommendations for creating academic
3755partnerships to document and evaluate program innovations; (viii) an analysis of the projected
3756demand for senior housing in the 5 years following the first meeting of the commission; (ix)
3757recommendations to ensure senior housing is physically accessible and compliant with the
3758Americans with Disabilities Act; (x) a review of barriers to necessary housing modifications and
3759potential funding sources; (xi) recommendations to encourage development of senior housing in
3760areas within reasonable walking distance of amenities and public transportation; (xii) an
3761evaluation of age-restricted housing and intergenerational housing with respect to costs, tenant
3762preferences, accessibility and safety; (xiii) analysis of models of community-based housing that
3763provide medical support, including residential care homes, rest homes and small house nursing
3764homes; and (xiv) recommendations for design and infrastructure features including, but not
3765limited to, increased ventilation and functional outdoor space for the purpose of preventing the
3766spread of contagious diseases. 172 of 181
3767 (d) The commission shall file a report of the study with the clerks of the senate and house
3768of representatives, the joint committee on elder affairs and the joint committee on housing not
3769later than June 30, 2025
3770 SECTION 127. (a) Notwithstanding any general or special law to the contrary, there shall
3771be a special commission to study and make recommendations on accessibility in housing for
3772persons with disabilities and seniors to increase the ability of individuals to live in a safe,
3773dignified and healthy environment in their residences. The special commission shall consider the
3774scope and positive impacts of longstanding accessibility standards.
3775 (b) The commission shall consist of: the secretary of housing and livable communities, or
3776a designee, who shall serve as chair; the executive director of the architectural access board
3777established in section 13A of chapter 22 of the General Laws, or a designee; the chairs of the
3778joint committee on housing; the executive director of the Massachusetts office on disability
3779established in section 185 of chapter 6 of the General Laws, or a designees; a representative
3780appointed by the statewide Independent Living Council; a representative of the Institute for
3781Human Centered Design, Inc.; a representative of NAIOP Massachusetts, Inc.; a representative
3782of the Disability Law Center, Inc.; a representative of the Arc Massachusetts, Inc.; and a
3783representative of the Massachusetts Association for Mental Health, Inc.
3784 (c) The commission shall: (i) examine accessibility features in residential housing that
3785benefit persons with disabilities and seniors, including, but not limited to, features for individuals
3786with physical, sensory, intellectual, mental health and neurodivergent disabilities; and (ii) review
3787the definition of accessibility in housing for persons with disabilities and seniors. The
3788commission shall review and consider the potential financial barriers and any impacts on 173 of 181
3789programs and consider the impact of climate change on housing for people with disabilities The
3790commission shall make recommendations, if any, including any recommendations related to 780
3791CMR.
3792 (d) Not later than June 30, 2025, the commission shall file a report and recommendations,
3793if any, with the clerks of the house of representatives and the senate and the joint committee on
3794housing.
3795 SECTION 128. (a) There is hereby established a special commission to study and make
3796recommendations on expanding the supply of housing available and affordable to tenants with a
3797household income of not more than 30 per cent of the area median income, adjusted for
3798household size, as periodically determined by the United States Department of Housing and
3799Urban Development. The commission shall review and evaluate federal, state and local subsidies
3800that support the creation of housing for such tenants and make recommendations to increase the
3801supply of housing that is available and affordable to households earning not more than 30 per
3802cent of the area median income.
3803 (b) The commission shall review and consider the following: (i) the number of deeply
3804subsidized rental units targeted at families with incomes at or below 30 per cent of the area
3805median income and the percentage of those units that are accessible to persons with disabilities;
3806(ii) the number of families with such incomes per deeply subsidized rental unit; (iii) the gap
3807between median rents and the rent affordable to families with such incomes and an analysis of
3808whether existing housing subsidies are sufficient to bridge such gap; (iv) the ratio of households
3809with such incomes to unsubsidized units available at rents up to 50 per cent of such income; (v)
3810housing market factors such as vacancy rates, rate of rent increases and conversion of rental 174 of 181
3811housing to homeownership units; (vi) the impact of non-housing subsidies, including, but not
3812limited to, the earned income tax credit on cost burdens for working families; (vii) barriers to
3813accessing available housing, including racial and ethnic disparities in housing access; and (viii)
3814any other factors that the commission deems relevant.
3815 (c) The commission shall consist of the secretary of housing and livable communities, or
3816their designee, who shall serve as chair; the chairs of the joint committee on housing, or their
3817designees; the minority leader of the house of representatives, or a designee; the minority leader
3818of the senate, or a designee; the secretary of administration and finance, or a designee; the
3819secretary of health and human services, or a designee; a representative of the Citizens’ Housing
3820and Planning Association, Inc.; a representative of the Massachusetts Housing Partnership; a
3821representative of the Massachusetts Housing Finance Agency; a representative of the
3822Community Economic Development Assistance Corporation; a representative of the
3823Massachusetts Law Reform Institute; a representative of the Massachusetts Association of
3824Community Development Corporations; a representative of the Regional Housing Network; and
38255 members appointed by the governor, 1 of whom shall be a representative of a local housing
3826authority, 1 of whom shall be a representative of an advocacy organization representing tenants,
38271 of whom shall have expertise in affordable housing finance, 1 of whom shall have expertise in
3828nonprofit affordable housing development and 1 of whom shall have expertise in development of
3829permanent supportive housing.
3830 (d) Not later than June 30, 2025, the commission shall file its recommendations with the
3831clerks of the house of representatives and the senate and the joint committee on housing. 175 of 181
3832 SECTION 129. (a) As used in this section, the following words shall have the following
3833meanings unless the context clearly requires otherwise:
3834 “Borrower”, a mortgagor of a mortgage loan.
3835 “Creditor”, a person or entity that holds or controls, partially, wholly, indirectly, directly
3836or in a nominee capacity, a mortgage loan securing an owner-occupied residential property
3837including, but not limited to, an originator, holder, investor, assignee, successor, trust, trustee,
3838nominee holder, mortgage electronic registration system or mortgage servicer, including the
3839Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation;
3840provided, however, that “creditor” shall also include any servant, employee or agent of a
3841creditor.
3842 “Creditor’s representative”, a person who has the authority to negotiate and approve the
3843terms of and modify a mortgage loan, under a servicing agreement.
3844 “Modified mortgage loan”, a mortgage modified from its original terms including, but not
3845limited to, a loan modified under: (i) the Home Affordable Modification Program; (ii) the
3846Federal Deposit Insurance Corporation’s Loan Modification Program; (iii) any modification
3847program that a lender uses that is based on accepted principles and the safety and soundness of
3848the institution and authorized by the National Credit Union Administration, the division of banks
3849or any other instrumentality of the commonwealth; (iv) the Federal Housing Administration; or
3850(v) a similar federal loan modification plan.
3851 “Mortgage loan”, a loan to a natural person made primarily for personal, family or
3852household purposes secured wholly or in part by a mortgage on residential property. 176 of 181
3853 “Residential property”, real property located in the commonwealth on which there is a
3854dwelling with accommodations for not more than 4 separate households and occupied, or to be
3855occupied, in whole or in part by the obligor on the mortgage debt; provided, however, that
3856“residential property” shall be limited to the principal residence of a person; provided further,
3857that “residential property” shall not include an investment property or a residence, other than a
3858primary residence, or residential property taken in whole or in part as collateral for a commercial
3859loan.
3860 (b) There shall be, subject to appropriation, a foreclosure mediation pilot program
3861administered by the Massachusetts Office of Public Collaboration at the University of
3862Massachusetts at Boston to be offered to borrowers and creditors, by agreement, in not more than
38635 communities disproportionately impacted by high rates of foreclosure. The Massachusetts
3864Office of Public Collaboration shall develop and accept applications from interested
3865communities and shall select communities most negatively impacted by high rates of foreclosure.
3866 (c) A creditor in a community participating in the pilot may, concurrently with the notice
3867sent to the borrower of residential property under section 35A of chapter 244 of the General
3868Laws, give notice to the borrower of the borrower’s right to participate in the foreclosure
3869mediation program by attaching to the right to cure default notice: (i) notice of the availability of
3870foreclosure mediation, in such form as the Massachusetts Office of Public Collaboration
3871prescribes; and (ii) a foreclosure mediation request form, in such form as the Massachusetts
3872Office of Public Collaboration prescribes. A borrower electing to participate in foreclosure
3873mediation shall submit the foreclosure mediation request form to the creditor not more than 15
3874days after receipt of the notice. 177 of 181
3875 (d) An in-person mediation session shall be conducted by a neutral third-party mediator
3876between the borrower, the borrower’s representative or housing counselor and the creditor’s
3877representative, who shall have the authority to negotiate an alternative to foreclosure including,
3878but not limited to: (i) a modified mortgage loan; (ii) a reduction in principal; (iii) a reduction in
3879interest rate; or (iv) an increase in the amortization period of the mortgage loan; provided,
3880however, that an alternative form of meeting may be mutually agreed upon by the mortgagor, the
3881mortgagee and the mediator.
3882 (e) If a borrower elects to participate in the foreclosure mediation program, a creditor
3883shall not accelerate the note or otherwise initiate foreclosure proceedings unless the mediator has
3884certified that the creditor participated in the foreclosure mediation program in good faith and
3885made all reasonable efforts to find an alternative to foreclosure and any agreement is in full
3886compliance with all state and federal guidelines.
3887 (f) The borrower’s or creditor’s rights or defenses in the foreclosure action shall not be
3888waived by participating in the foreclosure mediation program.
3889 (g) Nothing in this section shall require a creditor to modify a mortgage or change the
3890terms of payment of a mortgage.
3891 SECTION 130. Notwithstanding any general or special law to the contrary, the
3892unexpended and unencumbered balances of the bond-funded authorizations in the following
3893accounts shall cease to be available for expenditure 180 days after the effective date of this act:
38943000-0410, 7002-8032, 7004-0049, 7004-0050, 7004-0051, 7004-0052, 7004-0053, 7004-0055,
38957004-0056, 7004-0057, 7004-0058, 7004-0059, 7004-0060, 7004-0061, 7004-0062, 7004-0064,
38967004-0065, 7004-0066, 7004-0067, 7004-8016, 7004-8026. 178 of 181
3897 SECTION 131. To meet the expenditures necessary in carrying out sections 2 and 2A,
3898inclusive, the state treasurer shall, upon request of the governor, issue and sell bonds of the
3899commonwealth in an amount to be specified by the governor from time to time but not
3900exceeding, in the aggregate, $5,110,756,900. All bonds issued by the commonwealth as aforesaid
3901shall be designated on their face, The Affordable Homes Act of 2024, and shall be issued for a
3902maximum term of years, not exceeding 30 years, as the governor may recommend to the general
3903court under section 3 of Article LXII of the Amendments to the Constitution; provided, however,
3904that all such bonds shall be payable not later than June 30, 2059. All interest and payments on
3905account of principal on such obligations shall be payable from the General Fund. Bonds and
3906interest thereon issued under the authority of this section shall, notwithstanding any other
3907provision of this act, be general obligations of the commonwealth. An amount not to exceed 2
3908per cent of the authorizations may be expended by the executive office of housing and livable
3909communities for administrative costs directly attributable to the purposes of this act, including
3910costs of clerical and support personnel. The secretary of housing and livable communities shall
3911file an annual spending plan detailing, by subsidiary, all personnel costs and any administrative
3912costs charged to expenditures made pursuant to this act with the fiscal affairs division within the
3913executive office for administration and finance, the house and senate committees on ways and
3914means, the joint committee on bonding, capital expenditures and state assets and the joint
3915committee on housing.
3916 SECTION 132. To meet the expenditures necessary in carrying out section 2B, the state
3917treasurer shall, upon request of the governor, issue and sell bonds in an amount to be specified by
3918the governor from time to time but not exceeding, in the aggregate, $50,000,000. All bonds
3919issued by the commonwealth as aforesaid shall be designated on their face The Affordable 179 of 181
3920Homes Act of 2024, and shall be issued for a maximum term of years, not exceeding 30 years, as
3921the governor may recommend to the general court pursuant to section 3 of Article LXII of the
3922Amendments to the Constitution; provided, however, that all such bonds shall be payable not
3923later than June 30, 2059. All interest and payments on account of principal on such obligations
3924shall be payable from the General Fund. Bonds and interest thereon issued under the authority of
3925this section shall, notwithstanding any other provision of this act, be general obligations of the
3926commonwealth. An amount not to exceed 2 per cent of the authorizations may be expended by
3927the executive office of housing and livable communities for administrative costs directly
3928attributable to the purposes of this act, including costs of clerical and support personnel. The
3929secretary of housing and livable communities shall file an annual spending plan with the fiscal
3930affairs division, the house and senate committees on ways and means, the house and senate
3931committees on bonding, capital expenditures and states assets and the joint committee on
3932housing which details, by subsidiary, all personnel costs and any administrative costs charged to
3933expenditures made pursuant to this act.
3934 SECTION 133. Not later than 90 days after the effective date of this act, the secretary of
3935housing and livable communities, in consultation with the secretary of veterans’ services, shall
3936promulgate rules or regulations pursuant to subsection (e) of section 35 of chapter 23B of the
3937General Laws, inserted by section 5.
3938 SECTION 134. The executive office of housing and livable communities shall report on
3939all expenditures from the Massachusetts healthy homes program established pursuant to section
394033 of chapter 23B of the General Laws, inserted by section 5, and the Massachusetts healthy
3941homes program fund established pursuant to section 34 of said chapter 23B, inserted by section
39425, to the clerks of the house of representatives and the senate, the joint committee on housing and 180 of 181
3943the house and senate committees on ways and means not later than 18 months after the effective
3944date of this act. The report shall include: (i) the number of projects completed through the
3945Massachusetts healthy homes program addressing habitability concerns; (ii) the locations
3946throughout the commonwealth; (iii) the total amount of grants or loans authorized; (iv) the
3947number of projects using existing home repair programs; and (v) the breakdown of landlord-
3948owned properties and owner-occupied properties. The executive office shall make the report
3949publicly available on its website.
3950 SECTION 135. Not later than 180 days after the effective date of this act, the executive
3951office of housing and livable communities shall promulgate guidance or regulations pursuant to
3952subsection (g) of section 33 of chapter 23B of the General Laws, as inserted by section 5.
3953 SECTION 136. The executive office of housing and livable communities shall
3954promulgate guidance or regulations pursuant to subsection (h) of section 32 of chapter 23B of the
3955General Laws and section 101 of chapter 143 of the General Laws not later than December 15,
39562024.
3957 SECTION 137. Section 36 of chapter 23B of the General Laws, inserted by section 5,
3958subsection (ee) of section 6 of chapter 62 of the General Laws, inserted by section 17, and
3959section 38OO of chapter 63 of the General Laws, inserted by section 26, are hereby repealed.
3960 SECTION 138. Section 119 is hereby repealed.
3961 SECTION 139. Sections 121 to 123, inclusive, are hereby repealed.
3962 SECTION 140. Section 36 of chapter 23B of the General Laws, inserted by section 5,
3963subsection (ee) of section 6 of chapter 62 of the General Laws, inserted by section 17, sections 181 of 181
396420, 21, and 25 and sections 38OO and 38PP of chapter 63 of the General Laws, inserted by
3965section 26, shall take effect for tax years beginning on or after January 1, 2025.
3966 SECTION 141. Sections 19 and 24 shall be effective for tax years beginning on or after
3967January 1, 2024.
3968 SECTION 142. Sections 22, 27, 137 and 138 shall take effect on January 1, 2030.
3969 SECTION 143. Sections 8, 46, 48 and 49 shall take effect 180 days after the effective
3970date of this act.
3971 SECTION 144. Section 52 shall take effect 270 days after the effective date of this act.
3972 SECTION 145. Section 139 shall take effect on June 30, 2030; provided, however, that
3973the commissioner of capital asset management and maintenance may complete any transaction
3974for which agreements have been signed and delivered on or before June 30, 2030.