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SENATE . . . . . . . . . . . . . . No. 2850
Senate, June 27, 2024 -- Text of the Senate amendment to the House Bill relative to the
Affordable Homes Act (House, No. 4726) (being the text of Senate, No. 2834, printed as
amended)
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
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
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 2 of 187
15 3000-0411For state financial assistance in the form of grants for the Early Education
16and Out of School Time Capital Fund for the development of eligible facilities for licensed early
17care and education and out of school time programs established in section 18 of chapter 15D of
18the General Laws; provided, that the department of early education and care may contract with
19quasi-public or nonprofit entities to administer the program including, but not limited to, the
20Community Economic Development Assistance Corporation established in chapter 40H of the
21General Laws; provided further, that the department may develop or finance eligible facilities
22and may enter into subcontracts with nonprofit organizations established pursuant to chapter 180
23of the General Laws or organizations in which such nonprofit corporations have a controlling
24financial or managerial interest; provided further, that the department shall consider: (i) a
25balanced geographic plan for such eligible facilities when issuing the funding commitments; and
26(ii) funding large group and school age child care centers as defined by the department; provided
27further, that the services made available pursuant to such grants shall not be construed as a right
28or entitlement for any individual or class of persons to the benefits financing; provided further,
29that no expenditure shall be made from this item without the prior approval of the secretary of
30administration and finance; and provided further, that eligibility shall be established by
31regulations promulgated by the department pursuant to chapter 30A of the General Laws for the
32implementation, administration and enforcement of this item.......................... $50,000,000
33 EXECUTIVE OFFICE OF HOUSING AND LIVABLE COMMUNITIES
34 7004-0069For a program of loans or grants to assist homeowners or tenants with a
35household member with blindness or severe disabilities in making modifications to their primary
36residence for the purpose of improving accessibility or to allow such individuals to live
37independently in the community or for construction costs to allow for the building of an 3 of 187
38accessory unit, which shall mean a unit constructed as an additional dwelling unit separate from
39the primary dwelling unit, for a person with disabilities or an elder needing assistance with
40activities of daily living; provided, that not more than 10 per cent shall be used for grants to
41assist landlords seeking to make modifications for a current or prospective tenant with
42disabilities, who but for such a grant would be unable to maintain or secure permanent housing;
43provided further, that the secretary of housing and livable communities and the secretary of
44health and human services shall take all steps necessary to minimize the program’s
45administrative costs; provided further, that the secretary of health and human services may
46contract with quasi-public or nonprofit entities to administer the program, including, but not
47limited to, the Community Economic Development Assistance Corporation established in
48chapter 40H of the General Laws; provided further, that the program shall be available pursuant
49to income eligibility standards approved by the secretary of health and human services; provided
50further, that the repayment of the loans may be delayed until the sale of the principal residence
51by the homeowner; provided further, that persons residing in a development covered by section 4
52of chapter 151B of the General Laws shall not be eligible for the program unless the owner can
53show that the modification is an undue financial burden or that the landlord is participating in the
54grant program to maintain or secure housing for a tenant with disabilities; provided further, that
55the secretary of health and human services shall consult with the Massachusetts commission for
56the blind and the Massachusetts rehabilitation commission to develop rules, regulations and
57guidelines for the program; provided further, that nothing in this item shall give rise to
58enforceable legal rights in any party or an enforceable entitlement to services; provided further,
59that funds expended from this item shall, to the maximum extent feasible, be prioritized for
60projects that comply with decarbonization and sustainability standards; and provided further, that 4 of 187
61the secretary of housing and livable communities shall submit quarterly reports to the house and
62senate committees on ways and means, the joint committee on bonding, capital expenditures and
63state assets and the joint committee on housing detailing the status of the program established in
64this item.................. $60,000,000
65 7004-0070For state financial assistance in the form of loans for the development of
66community-based housing or supportive housing for individuals with mental illness and
67individuals with intellectual disabilities; provided, that the loan program shall be administered by
68the executive office of housing and livable communities through contracts with 1 or more of the
69following agencies: the Massachusetts Development Finance Agency established under chapter
7023G of the General Laws, the Community Economic Development Assistance Corporation
71established under chapter 40H of the General Laws, operating agencies established under chapter
72121B of the General Laws and the Massachusetts Housing Finance Agency established under
73chapter 708 of the acts of 1966; provided further, that those agencies may develop or finance
74community-based housing or supportive housing or may enter into subcontracts with nonprofit
75organizations, established under chapter 180 of the General Laws, or organizations in which such
76nonprofit corporations have a controlling financial or managerial interest or for-profit
77organizations; provided further, that preference for subcontracts shall be given to nonprofit
78organizations; provided further, that the executive office shall consider a balanced geographic
79plan for such community-based housing or supportive housing when issuing the loans; provided
80further, that the executive office shall consider development of a balanced range of housing
81models by prioritizing funds for integrated housing as defined by the appropriate housing and
82service agencies, including, but not limited to, the executive office of housing and livable
83communities, the department of mental health and the department of developmental services, in 5 of 187
84consultation with relevant and interested clients, clients’ families, advocates and other parties as
85necessary; provided further, that loans issued pursuant to this item shall: (i) not exceed 50 per
86cent of the financing of the total development costs; (ii) not be issued unless a contract or
87agreement for the use of the property for such housing provides for repayment to the
88commonwealth at the time of disposition of the property if such property will no longer be
89subject to a recorded deed restriction pursuant to clause (iii) of this item; provided further, that
90such repayment shall: (1) be in an amount equal to the commonwealth’s proportional
91contribution from the Facilities Consolidation Fund to the cost of the development through
92payments made by the state agency making the contract; and (2) not be required if the executive
93office of housing and livable communities, in consultation with the department of mental health
94and the department of developmental services, determines that relevant clients will be better
95served at an alternative property and the proceeds from the disposition of the property will be
96used, to the extent necessary for replacement of the housing at the property, to: (A) acquire such
97alternative property; or (B) rehabilitate such alternative property; (iii) not be issued unless the
98contract or agreement for the use of the property for the purposes of such housing provides for
99the recording of a deed restriction in the registry of deeds or the registry district of the land court
100of the county in which the real property is located, for the benefit of the executive office and the
101departments, running with the land, that the land shall be used to provide community-based
102housing or supportive housing for eligible individuals as determined by the department of mental
103health and the department of developmental services; provided further, that the property shall not
104be released from such restriction unless: (1) the balance of the principal and interest for the loan
105has been repaid in full; (2) a mortgage foreclosure deed has been recorded; or (3) the executive
106office of housing and livable communities has determined, pursuant to subclause (2) of clause 6 of 187
107(ii) of this item, that repayment to the commonwealth is not required; (iv) be issued for a term
108not to exceed 30 years, during which time repayment may be deferred by the loan issuing
109authority; provided further, that if on the date the loans become due and payable to the
110commonwealth, an outstanding balance exists and if, on such date, the executive office of
111housing and livable communities, in consultation with the executive office of health and human
112services, determines that there still exists a need for such housing and that there is continued
113funding available for the provision of services to such development, the executive office of
114housing and livable communities may, by agreement with the owner of the development, extend
115the loans for such periods not to exceed 10 years, as the executive office shall determine;
116provided further, that the project, whether at the original property, or at an alternative property
117pursuant to subclause (2) of clause (ii) of this item, shall remain affordable housing for the
118duration of the loan term, including any extension thereof, as set forth in the contract or
119agreement entered into by the executive office; provided further, that in the event the terms of
120repayment detailed in this item would cause a project authorized by this item to become
121ineligible to receive federal financial assistance which would otherwise assist in the development
122of that project, the executive office may waive the terms of repayment which would cause the
123project to become ineligible; and (v) have interest rates fixed at a rate, to be determined by the
124executive office, in consultation with the state treasurer; provided further, that the loans shall be
125provided only for projects conforming to this item; provided further, that the loans shall be
126issued in accordance with a facilities consolidation plan prepared by the secretary of health and
127human services, reviewed and approved by the executive office of housing and livable
128communities and filed with the secretary of administration and finance, the house and senate
129committees on ways and means, the joint committee on bonding, capital expenditures and state 7 of 187
130assets and the joint committee on housing; provided further, that no expenditure shall be made
131from this item without the prior approval of the secretary of administration and finance; provided
132further, that the executive office of housing and livable communities, the department of mental
133health and the Community Economic Development Assistance Corporation may identify
134appropriate financing mechanisms and guidelines for grants or loans from this item to promote
135private development to produce housing, provide for independent integrated living opportunities,
136write down building and operating costs and serve households at or below 15 per cent of the area
137median income for the benefit of department of mental health clients; provided further, that
138funds expended from this item shall, to the maximum extent feasible, be prioritized for projects
139that comply with decarbonization and sustainability standards; provided further, that
140prioritization shall be determined through objective scoring criteria in the Qualified Allocation
141Plan developed by the executive office of housing and livable communities; provided further,
142that for new construction projects, the standards set forth in the Municipal Opt-in Specialized
143Stretch Energy Code under 225 CMR 22.00 and 23.00 and the Enterprise Green Communities
144standards shall be the applicable standards for prioritization; provided further, that any project
145proposing less than full compliance with said standards shall provide detailed analysis
146demonstrating why full compliance would render the project infeasible notwithstanding
147utilization of all available federal and state incentives, including rebates and tax credits; provided
148further, that for retrofits of existing units, prioritization shall be given to projects that include
149energy efficiency and electrification decarbonization measures, including, but not limited to,
150electric or ground source heat pumps, net-zero developments, Passive House Institute
151certification or an equivalent energy efficiency certification, and all-electric buildings and
152projects that incorporate green, sustainable and climate-resilient elements; provided further, that 8 of 187
153projects that include lower embodied carbon construction materials and methods shall be further
154prioritized; provided further, that not more than $10,000,000 may be expended from this item for
155a pilot program of community-based housing or supportive housing loans to serve mentally ill
156homeless individuals in the current or former care of the department of mental health; provided
157further, that in implementing the pilot program, the executive office shall consider a balanced
158geographic plan when establishing community-based residences; provided further, that the
159housing services made available pursuant to such loans shall not be construed as a right or an
160entitlement for any individual or class of persons to the benefits of the pilot program; provided
161further, that eligibility for the pilot program shall be established by regulations promulgated by
162the executive office; and provided further, that the executive office shall promulgate regulations
163under chapter 30A of the General Laws to implement, administer and enforce this item,
164consistent with the facilities consolidation plan prepared by the secretary of health and human
165services and after consultation with the secretary and the commissioner of capital asset
166management and maintenance…........................................$70,000,000
167 7004-0071For state financial assistance in the form of loans for the development and
168redevelopment of community-based housing or supportive housing for persons with disabilities
169who are institutionalized or at risk of being institutionalized and who are not eligible for housing
170developed pursuant to item 7004-0070; provided, that the loan program shall be administered by
171the executive office of housing and livable communities, through contracts with the
172Massachusetts Development Finance Agency established under chapter 23G of the General
173Laws, the Community Economic Development Assistance Corporation established under chapter
17440H of the General Laws, operating agencies established under chapter 121B of the General
175Laws and the Massachusetts Housing Finance Agency established under chapter 708 of the acts 9 of 187
176of 1966; provided further, that the agencies may develop or finance community-based housing or
177supportive housing or may enter into subcontracts with nonprofit organizations established under
178chapter 180 of the General Laws or organizations in which such nonprofit corporations have a
179controlling financial or managerial interest or for-profit organizations; provided further, that
180preference for such subcontracts shall be given to nonprofit organizations; provided further, that
181the executive office shall consider a balanced geographic plan for such community-based
182housing or supportive housing when issuing the loans; provided further, that all housing
183developed with these funds shall be integrated housing as defined by the appropriate state
184housing and service agencies, including, but not limited to, the executive office of housing and
185livable communities, the executive office of health and human services and the Massachusetts
186rehabilitation commission, in consultation with relevant and interested clients, clients’ families,
187advocates and other parties as necessary; provided further, that loans issued pursuant to this item
188shall: (i) not exceed 50 per cent of the financing of the total development costs; (ii) not be issued
189unless a contract or agreement for the use of the property for the purposes of such housing
190provides for repayment to the commonwealth at the time of disposition of the property if such
191property will no longer be subject to a recorded deed restriction pursuant to clause (iii) of this
192item; provided further, that such repayment shall: (1) be in an amount equal to the
193commonwealth’s proportional contribution from community-based housing to the cost of the
194development through payments made by the state agency making the contract; and (2) not be
195required if the executive office of housing and livable communities, in consultation with the
196Massachusetts rehabilitation commission, determines that relevant clients will be better served at
197an alternative property and the proceeds from the disposition of the property will be used, to the
198extent necessary for replacement of the housing at the property, to: (A) acquire such alternative 10 of 187
199property; or (B) rehabilitate such alternative property; (iii) not be issued unless a contract or
200agreement for the use of the property for the purposes of such community-based housing or
201supportive housing provides for the recording of a deed restriction in the registry of deeds or the
202registry district of the land court of the county in which the real property is located, for the
203benefit of the executive office, running with the land, that the land shall be used to provide
204community-based housing or supportive housing for eligible individuals as determined by the
205Massachusetts rehabilitation commission or other agency of the executive office of health and
206human services; provided further, that the property shall not be released from such restrictions
207unless: (1) the balance of the principal and interest for the loan has been repaid in full; (2) a
208mortgage foreclosure deed has been recorded; or (3) the executive office of housing and livable
209communities has determined, pursuant to subclause (2) of clause (ii) of this item, that repayment
210to the commonwealth is not required; (iv) be issued for a term not to exceed 30 years during
211which time repayment may be deferred by the loan issuing authority; provided further, that if, on
212the date the loans become due and payable to the commonwealth, an outstanding balance exists
213and if, on that date, the executive office of housing and livable communities, in consultation with
214the executive office of health and human services, determines that there still exists a need for
215such housing, the executive office may, by agreement with the owner of the development, extend
216the loans for such periods not to exceed 10 years, as the executive office shall determine;
217provided further, that the project, whether at the original property or at an alternative property
218pursuant to clause subclause (2) of (ii) of this item, shall continue to remain affordable housing
219for the duration of the loan term, including any extensions thereof, as set forth in the contract or
220agreement entered into by the executive office; provided further, that in the event the terms of
221repayment detailed in this item would cause a project authorized by this item to become 11 of 187
222ineligible to receive federal financial assistance, which would otherwise assist in the
223development of that project, the executive office may waive the terms of repayment which would
224cause the project to become ineligible; and (v) have interest rates fixed at a rate, to be determined
225by the executive office, in consultation with the state treasurer; provided further, the loans shall
226be provided only for projects conforming to this item; provided further, that the loans shall be
227issued in accordance with an enhancing community-based services plan prepared by the
228secretary of health and human services, in consultation with the executive office of housing and
229livable communities and filed with the secretary of administration and finance, the house and
230senate committees on ways and means, the joint committee on bonding, capital expenditures and
231state assets and the joint committee on housing; provided further, that funds expended from this
232item shall, to the maximum extent feasible, be prioritized for projects that comply with
233decarbonization and sustainability standards; provided further, that prioritization shall be
234determined through objective scoring criteria in the Qualified Allocation Plan developed by the
235executive office of housing and livable communities; provided further, that for new construction
236projects, the standards set forth in the Municipal Opt-in Stretch Specialized Energy Code under
237225 CMR 22.00 and 23.00 and the Enterprise Green Communities standards shall be the
238applicable standards for prioritization; provided further, that any project proposing less than full
239compliance with said standards shall provide detailed analysis demonstrating why full
240compliance would render the project infeasible notwithstanding utilization of all available
241federal and state incentives, including rebates and tax credits; provided further, that for retrofits
242of existing units, prioritization shall be given to projects that include energy efficiency and
243electrification decarbonization measures, including, but not limited to, electric or ground source
244heat pumps, net-zero developments, Passive House Institute certification or an equivalent energy 12 of 187
245efficiency certification, and all-electric buildings and projects that incorporate green, sustainable
246and climate-resilient elements; provided further, that projects that include lower embodied
247carbon construction materials and methods shall be further prioritized; provided further, that no
248expenditure shall be made from this item without the prior approval of the secretary of
249administration and finance; and provided further, that the executive office shall promulgate
250regulations pursuant to chapter 30A of the General Laws for the implementation, administration
251and enforcement of this item, consistent with the enhancing community-based services plan
252prepared by the secretary of health and human services after consultation with the secretary and
253the commissioner of capital asset management and
254maintenance...........................................$55,000,000
255 7004-0072For the capitalization of the Affordable Housing Trust Fund established in
256section 2 of chapter 121D of the General Laws; provided, that funds expended from this item
257shall, to the maximum extent feasible, be prioritized for projects that comply with
258decarbonization and sustainability standards; provided further, that prioritization shall be
259determined through objective scoring criteria in the Qualified Allocation Plan developed by the
260executive office of housing and livable communities; provided further, that the executive office
261shall consider geographic equity in awarding funds from this item; provided further, that for new
262construction projects, the standards set forth in the Municipal Opt-in Specialized Stretch Energy
263Code under 225 CMR 22.00 and 23.00 and the Enterprise Green Communities standards shall be
264the applicable standards for prioritization; provided further, that any project proposing less than
265full compliance with said standards shall provide detailed analysis demonstrating why full
266compliance would render the project infeasible notwithstanding utilization of all available
267federal and state incentives, including rebates and tax credits; provided further, that for retrofits 13 of 187
268of existing units, prioritization shall be given to projects that include energy efficiency and
269electrification decarbonization measures, including, but not limited to, electric or ground source
270heat pumps, net-zero developments, Passive House Institute certification or an equivalent energy
271efficiency certification, and all-electric buildings and projects that incorporate green, sustainable
272and climate-resilient elements; provided further, that projects that include lower embodied
273carbon construction materials and methods shall be further prioritized; provided further, that not
274more than $50,000,000 of the funds made available in this item may be used to create and
275maintain opportunities for homeownership for first-time homebuyers; provided further, that
276funds shall be expended to create and enhance access to homeownership in order to foster long-
277term benefits for housing security, health and economic outcomes and to address a systemic
278homeownership gap in socially disadvantaged communities and among targeted populations;
279provided further, that funds may be expended for down payment assistance programs, mortgage
280insurance programs and mortgage interest subsidy programs administered by the Massachusetts
281Housing Finance Agency and the Massachusetts Housing Partnership; and provided further, that
282funds may be expended to first-time homebuyer counseling and financial literacy
283programs......................$800,000,000
284 7004-0073For state financial assistance in the form of grants or loans for the Housing
285Stabilization and Investment Trust Fund established in section 2 of chapter 121F of the General
286Laws and awarded only pursuant to the criteria established in said section 2 of said chapter 121F;
287provided, that not less than 25 per cent shall be used to fund projects that preserve and produce
288housing for families and individuals with incomes of not more than 30 per cent of the area
289median income, as defined by the United States Department of Housing and Urban
290Development; provided further, that if the executive office of housing and livable communities 14 of 187
291has not spent the amount authorized under the bond cap for this program, at the end of each
292fiscal year following the effective date of this act, the executive office may award the remaining
293funds to projects that serve households earning more than 30 per cent of the area median income,
294as defined by the United States Department of Housing and Urban Development; provided
295further, that funds expended from this item shall, to the maximum extent feasible, be prioritized
296for projects that comply with decarbonization and sustainability standards; provided further, that
297prioritization shall be determined through objective scoring criteria in the Qualified Allocation
298Plan developed by the executive office of housing and livable communities; provided further,
299that the executive office shall consider geographic equity in awarding funds from this item;
300provided further, that for new construction projects, the standards set forth in the Municipal Opt-
301in Specialized Stretch Energy Code under 225 CMR 22.00 and 23.00 and the Enterprise Green
302Communities standards shall be the applicable standards for prioritization; provided further, that
303any project proposing less than full compliance with said standards shall provide detailed
304analysis demonstrating why full compliance would render the project infeasible notwithstanding
305utilization of all available federal and state incentives, including rebates and tax credits; provided
306further, that for retrofits of existing units, prioritization shall be given to projects that include
307energy efficiency and electrification decarbonization measures, including, but not limited to,
308electric or ground source heat pumps, net-zero developments, Passive House Institute
309certification or an equivalent energy efficiency certification, and all-electric buildings and
310projects that incorporate green, sustainable and climate-resilient elements; provided further, that
311projects that include lower embodied carbon construction materials and methods shall be further
312prioritized; provided further, that not less than $10,000,000 shall be expended for the Small
313Properties State Acquisition Funding Pilot established in item 1599-6084 of section 2A of 15 of 187
314chapter 268 of the acts of 2022; provided further, that the fund shall issue soft loans to
315supplement other acquisition soft loans administered by municipal or other affordable housing
316acquisition lenders on a rolling basis; provided further, that acquisitions pursuant to this pilot
317shall follow the affordability restrictions of the affordable housing acquisition lenders; and
318provided further, that loans under this program shall be used for the acquisition of: (i) buildings
319of 1 to 8 units, inclusive, of residential housing for rental or ownership; or (ii) mixed-use
320buildings for a term of not less than 30 years.................$435,000,000
321 7004-0074For state financial assistance in the form of grants for projects undertaken
322pursuant to clause (j) of section 26 of chapter 121B of the General Laws; provided, that contracts
323entered into by the executive office of housing and livable communities for those projects may
324include, but shall not be limited to, projects providing for renovation, remodeling, reconstruction,
325redevelopment and hazardous material abatement, including asbestos and lead paint, and for
326compliance with state codes and laws and for adaptations necessary for compliance with the
327Americans with Disabilities Act of 1990, the provision of day care facilities, learning centers and
328teen service centers and the adaptation of units for families and persons with disabilities;
329provided further, that priority shall be given to projects undertaken for the purpose of compliance
330with state codes and laws or for other purposes related to the health and safety of residents;
331provided further, that funds may be expended from this item to make such modifications to
332congregate housing units as may be necessary to increase the occupancy rate of such units;
333provided further, that the executive office shall continue to fund a program to provide predictable
334funds to be used flexibly by housing authorities for capital improvements to extend the useful
335life of state-assisted public housing; provided further, that not less than 25 per cent of the funds
336made available in this item shall be used to fund projects that preserve or produce housing for 16 of 187
337families and individuals with incomes of not more than 30 per cent of the area median income, as
338defined by the United States Department of Housing and Urban Development; provided further,
339that not less than $15,000,000 of the funds made available in this item shall be used to increase
340accessibility of state-aided public housing for persons with disabilities; provided further, that not
341more than $150,000,000 of the funds made available in this item may be used to fund projects
342that include sustainability initiatives to reduce greenhouse gas emissions and make progress
343towards decarbonization through energy efficiency and electrification decarbonization measures,
344including, but not limited to, electric or ground source heat pumps, net-zero developments,
345Passive House Institute certification or an equivalent energy efficiency certification, and all-
346electric buildings and projects that incorporate green, sustainable and climate-resilient elements;
347provided further, that projects that include lower embodied carbon construction materials and
348methods shall be further prioritized; and provided further, that funds made available in this item
349shall, to the extent feasible, be used in accordance with the Massachusetts state hazard mitigation
350and climate adaptation plan….....................................................$2,000,000,000
351 7004-0075For state financial assistance in the form of grants for a demonstration
352program, administered by the executive office of housing and livable communities, to
353demonstrate cost effective revitalization methods for state-aided family and elderly-disabled
354public housing that seek to reduce the need for future state modernization funding; provided, that
355housing authorities with state-aided housing developments pursuant to chapter 200 of the acts of
3561948, chapter 667 of the acts of 1954, chapter 705 of the acts of 1966, chapter 689 of the acts of
3571974 or chapter 167 of the acts of 1987 shall be eligible to participate in the demonstration
358program; provided further, that the executive office may exempt a recipient of demonstration
359grants from the requirements of chapters 7C and 121B of the General Laws upon a showing by 17 of 187
360the recipient that such exemptions are necessary to accomplish the effective revitalization of
361public housing and shall not adversely affect public housing residents or applicants of any
362income who are otherwise eligible; provided further, that the executive office may provide to
363recipients of demonstration grants such additional regulatory relief as may be required to further
364the objectives of the demonstration program; provided further, that funds may be made available
365for technical assistance provided by the Community Economic Development Assistance
366Corporation established under chapter 40H of the General Laws or the Massachusetts Housing
367Partnership Fund established under section 35 of chapter 405 of the acts of 1985 to recipients of
368demonstration grants and for evaluation of the demonstration; provided further, that the
369executive office’s regulations for the implementation, administration and enforcement of this
370item shall: (i) require that selected housing authorities demonstrate innovative and replicable
371solutions to the management, marketing or capital needs of state-aided family and elderly-
372disabled public housing developments and contribute to the continued viability of the housing as
373a resource for public housing eligible residents; (ii) encourage proposals that demonstrate
374regional collaborations among housing authorities; and (iii) encourage proposals for new
375affordable housing units on municipally-owned land, underutilized public housing sites or other
376land owned by the housing authority; provided further, that funds expended from this item shall,
377to the maximum extent feasible, be prioritized for projects that comply with decarbonization and
378sustainability standards; provided further, that prioritization shall be determined through
379objective scoring criteria in the Qualified Allocation Plan developed by the executive office of
380housing and livable communities; provided further, that the executive office shall consider
381geographic equity in awarding funds from this item; provided further, that for new construction
382projects, the standards set forth in the Municipal Opt-in Specialized Stretch Energy Code under 18 of 187
383225 CMR 22.00 and 23.00 and the Enterprise Green Communities standards shall be the
384applicable standards for prioritization; provided further, that any project proposing less than full
385compliance with said standards shall provide detailed analysis demonstrating why full
386compliance would render the project infeasible notwithstanding utilization of all available
387federal and state incentives, including rebates and tax credits; provided further, that for retrofits
388of existing units, prioritization shall be given to projects that include energy efficiency and
389electrification decarbonization measures, including, but not limited to, electric or ground source
390heat pumps, net-zero developments, Passive House Institute certification or equivalent energy
391efficiency certification, and all-electric buildings and projects that incorporate green, sustainable
392and climate-resilient elements; and provided further, that projects that include lower embodied
393carbon construction materials and methods shall be further prioritized
394..............................................$200,000,000
395 7004-0076For state financial assistance in the form of grants or loans for the Housing
396Innovations Trust Fund established in section 2 of chapter 121E of the General Laws; provided,
397that not less than 25 per cent of the funds made available in this item shall be used to fund
398projects that preserve and produce housing for families and individuals with incomes of not more
399than 30 per cent of the area median income, as defined by the United States Department of
400Housing and Urban Development; provided further, that funds expended from this item shall, to
401the maximum extent feasible, be prioritized for projects that comply with decarbonization and
402sustainability standards; provided further, that prioritization shall be determined through
403objective scoring criteria in the Qualified Allocation Plan developed by the executive office of
404housing and livable communities; provided further, that the executive office shall consider
405geographic equity in awarding funds from this item; provided further, that for new construction 19 of 187
406projects, the standards set forth in the Municipal Opt-in Specialized Stretch Energy Code under
407225 CMR 22.00 and 23.00 and the Enterprise Green Communities standards shall be the
408applicable standards for prioritization; provided further, that any project proposing less than full
409compliance with said standards shall provide detailed analysis demonstrating why full
410compliance would render the project infeasible notwithstanding utilization of all available
411federal and state incentives, including rebates and tax credits; provided further, that for retrofits
412of existing units, prioritization shall be given to projects that include energy efficiency and
413electrification decarbonization measures, including, but not limited to, electric or ground source
414heat pumps, net-zero developments, Passive House Institute certification or an equivalent energy
415efficiency certification, and all-electric buildings and projects that incorporate green, sustainable
416and climate-resilient elements; and provided further, that projects that include lower embodied
417carbon construction materials and methods shall be further prioritized…...........$200,000,000
418 7004-0078For state financial assistance in the form of no interest loans, grants,
419subsidies, credit enhancements and other financial assistance for innovative, sustainable and
420green housing initiatives; provided, that entities eligible to receive financial assistance under this
421item shall include qualified for-profit or nonprofit developers, community development
422corporations, local housing authorities, community action agencies, community-based or
423neighborhood-based nonprofit housing organizations, other nonprofit organizations and for-
424profit entities, and governmental bodies; provided further, that funds may be used to assist units
425occupied by and affordable to persons with incomes not more than 110 per cent of the area
426median income, as defined by the United States Department of Housing and Urban Development
427with priority given to projects that provide higher and deeper levels of affordability; provided
428further, that not less than 25 per cent of the occupants of housing in projects assisted by this item 20 of 187
429shall be persons whose income is not more than 60 per cent of the area median income, as
430defined by the United States Department of Housing and Urban Development; provided further,
431that financial assistance shall be awarded in a manner that promotes geographic, social, racial
432and economic equity; provided further, that funds expended from this item shall, to the
433maximum extent feasible, be prioritized for projects that comply with decarbonization and
434sustainability standards; provided further, that prioritization shall be determined through
435objective scoring criteria in the Qualified Allocation Plan developed by the executive office of
436housing and livable communities; provided further, that funds from this item shall not be
437expended in communities deemed by the secretary of housing and livable communities not in
438compliance with the multi-family zoning requirement established in section 3A of chapter 40A
439of the General Laws; provided further, that for new construction projects, the standards set forth
440in the Municipal Opt-in Specialized Stretch Energy Code under 225 CMR 22.00 and 23.00 and
441the Enterprise Green Communities standards shall be the applicable standards for prioritization;
442provided further, that any project proposing less than full compliance with said standards shall
443provide detailed analysis demonstrating why full compliance would render the project infeasible
444notwithstanding utilization of all available federal and state incentives, including rebates and tax
445credits; provided further, that for retrofits of existing units, prioritization shall be given to
446projects that include energy efficiency and electrification decarbonization measures, including,
447but not limited to, electric or ground source heat pumps, net-zero developments, Passive House
448Institute certification or an equivalent energy efficiency certification, and all-electric buildings
449and projects that incorporate green, sustainable and climate-resilient elements; provided further,
450that projects that include lower embodied carbon construction materials and methods shall be
451further prioritized; provided further, that financial assistance under this item shall be to 21 of 187
452accelerate and support: (i) innovative strategies for the production of affordable and mixed-
453income housing developments and other market transformation activities, including but not
454limited to: (a) re-use of commercial space, office space, and underutilized state- or locally-
455controlled land or assets, including, but not limited to, brownfield or greyfield sites, or other
456property that the secretary of housing and livable communities has determined is suitable for
457sustainable residential or mixed-use development; (b) modular construction, manufactured
458housing, and other innovative housing models that offer development or operating cost savings,
459utilize advanced and applied technologies, provide efficiencies to help accelerate production and
460incorporate energy efficiency or energy conservation into their design, construction or
461rehabilitation; (c) accessory dwelling units and co-housing models; and (d) other market
462transformation efforts to be determined by the executive office of housing and livable
463communities, which may include, but shall not be limited to, any pilot program or demonstration
464program that is consistent with the purposes of this item; provided further, that such strategies
465may include a mixed income social housing pilot program in which a local or regional housing
466authority or other public or quasi-public entity maintains majority ownership or control of such
467housing; (ii) the creation of low-income and moderate-income residential housing units and
468mixed use developments that include both residential housing units and commercial or retail
469space in close proximity to transit nodes or within neighborhood commercial areas including, but
470not limited to, those areas designated as main street areas and rural villages; provided further,
471that the program shall be administered to: (a) maximize the amount of affordable residential and
472mixed-use space in close proximity to transit nodes or within neighborhood commercial areas,
473resulting in higher density, compact development and pedestrian-friendly, inclusive and
474connected neighborhoods; (b) increase mass transit ridership; (c) decrease traffic congestion and 22 of 187
475reduce greenhouse gas emissions; and (d) increase economic opportunity for disadvantaged
476populations by making it easier for residents of affordable housing to access public
477transportation, including transportation supporting commutes to employment centers; provided
478further, that the program may be administered to include projects that have residential units
479above commercial space located in areas characterized by a predominance of commercial land
480uses, a high daytime or business population or a high concentration of daytime traffic and
481parking; provided further, that the financial subsidy for the commercial portion of a project shall
482not exceed 25 per cent of the total development cost of the commercial portion of the project or
483$1,000,000, whichever is lesser; provided further, that the executive office may provide financial
484support to nonprofit and for-profit developers that enter into binding agreements to set aside
485residential units in existing market-rate, transit-oriented housing, over and above any units
486required to be set aside under local zoning or approvals, for rent or sale to income-qualified
487households at affordable rents or sale prices, as applicable; and (iii) the creation and preservation
488of sustainable and climate resilient affordable multifamily housing; provided further, that such
489financial assistance shall be made to: (a) incorporate efficient, sustainable and climate resilient
490design practices in affordable residential development to support positive climate mitigation
491outcomes; (b) reduce greenhouse gas emissions and reliance on fossil fuels; (c) increase
492resiliency of existing housing developments to mitigate impacts of climate change, including
493flooding and extreme temperatures; and (d) enhance emergency preparedness, including
494sustainable means of power generation to allow for sheltering vulnerable populations in place;
495provided further, that financial assistance provided pursuant to clause (i) or clause (iii) may be
496administered by the executive office of housing and livable communities through contracts with
497the Massachusetts Housing Partnership Fund, established in section 35 of chapter 405 of the acts 23 of 187
498of 1985, or the Massachusetts Housing Finance Agency, established in chapter 708 of the acts of
4991966, or both, which may, as the case may be, directly offer financial assistance for the purposes
500set forth herein or may enter into subcontracts with nonprofit organizations, established pursuant
501to chapter 180 of the General Laws for those purposes; provided further, that financial assistance
502provided pursuant to clause (ii) may be administered by the executive office through contracts
503with said Massachusetts Housing Partnership Fund; provided further, that the executive office of
504housing and livable communities or an administering agency under contract with the executive
505office may establish additional program requirements through regulations or policy guidelines;
506and provided further, that funds may be made available under this item to fund, finance or
507refinance limited equity housing cooperatives pursuant to chapter 157B of the General Laws,
508including assisting first-time buyers to purchase shares of stock in such cooperatives
509……………………………………………………………………...$275,000,000
510 7004-0080For the Middle-Income Housing Fund administered by the Massachusetts
511Housing Finance Agency.......................................$100,000,000
512 SECTION 2A.
513 EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
514 Office of the Secretary
515 1100-2518For costs associated with planning and studies, the preparation of plans
516and specifications, demolition, remediation, construction and relocation of utilities, construction
517and reconstruction of infrastructure, predevelopment, and site preparation; provided, that any
518funds received by a state agency in connection with projects funded from this item may be
519retained by the executive office for administration and finance and expended for the purposes of 24 of 187
520the project, without further appropriation, in addition to the amounts appropriated in this item;
521provided further, that where appropriate, the commissioner of capital asset management and
522maintenance may transfer funds authorized herein in accordance with a delegation of project
523control and supervision process pursuant to section 5 of chapter 7C of the General Laws or for
524the capitalization of the Surplus Real Property Disposition Fund established in section 119; and
525provided further, that funds from this item shall be distributed in furtherance of affordable
526housing production goals and availability of sites suitable for construction or expansion of
527housing opportunities in the commonwealth in consultation with the secretary of housing and
528livable communities........................... $30,000,000
529 1599-1953For local housing initiatives; provided, that not less than $1,000,000 shall
530be expended to the Belmont Housing Authority for capital improvements to the Sherman
531Gardens public housing development in the town of Belmont; provided further, that not less than
532$500,000 shall be expended to the Watertown Housing Authority for construction of a group
533home at 103 Nichols avenue in the city of Watertown; provided further, that not less than
534$6,500,000 shall be allocated to the comprehensive modernization and redevelopment of the
535federally-assisted Patricia White apartments in the Brighton section of the city of Boston;
536provided further, that not less than $25,000 shall be expended to the town of Hubbardston for the
537redevelopment of the sand pit sites in the town of Hubbardston; provided further, that not less
538than $100,000 shall be expended for improvements to the Holden Housing Authority; provided
539further, that not less than $100,000 shall be expended for improvements to the Leicester Housing
540Authority; provided further, that not less than $500,000 shall be expended to the West Brookfield
541Housing Authority for building upgrades and general improvements; provided further, that not
542less than $1,000,000 shall be expended to the Spencer Housing Authority for facility upgrades; 25 of 187
543provided further, that not less than $2,000,000 shall be expended to the Barre Housing Authority
544for building expansions; provided further, that not less than $5,000,000 shall be expended to the
545Fitchburg Redevelopment Authority for downtown housing development; provided further, that
546not less than $500,000 shall be expended to the Bellingham Housing Authority; provided further,
547that not less than $250,000 shall be expended to the Dover Housing Partnership Committee;
548provided further, that not less than $1,000,000 shall be expended to the Franklin Housing
549Authority; provided further, that not less than $500,000 shall be expended to the Medfield
550Housing Authority; provided further, that not less than $1,000,000 shall be expended to the
551Milford Housing Authority; provided further, than not less than $500,000 hall be expended to the
552Millis Housing Authority; provided further, that not less than $1,000,000 shall be expended to
553the Needham Housing Authority; provided further, than not less than $500,000 shall be
554expended to the Norfolk Housing Authority; provided further, than not less than $500,000 shall
555be expended to the Plainville Housing Authority; provided further, than not less than $250,000
556shall be expended to the Sherborn Housing Trust; provided further, than not less than $500,000
557shall be expended to the Wrentham Housing Authority; provided further, that not less than
558$2,500,000 shall be expended to the Boston Housing Authority for housing modernization, water
559and sewer improvements and retrofitting the Fairmount public housing projects in the Hyde Park
560section of the city of Boston; provided further, that not less than $8,000,000 shall be expended to
561the Lowell Housing Authority for the development of new affordable housing units and new
562veterans supportive housing units; provided further, that not less than $1,000,000 shall be
563expended to the Brockton Housing Authority for the planning, design, renovation, maintenance
564or construction of housing; provided further, that not less than $4,500,000 shall be expended to
565Westmass Area Development Corporation to support the predevelopment, demolition and 26 of 187
566stabilization of properties and expenses associated with the preparation of affordable housing at
567the Ludlow Mills in the town of Ludlow; provided further, that not less than $15,000,000 shall
568be expended to the Disabled American Veterans Department of Massachusetts Service Fund, Inc.
569for the renovation, rehabilitation, construction and establishment of housing for veterans and
570their families; provided further, that not less than $1,000,0000 shall be expended to Double Edge
571Theatre Productions Incorporated in the town of Ashfield for the development of affordable
572housing and workforce housing with a community space on a currently underutilized property;
573provided further, that not less than $1,000,000 shall be expended to Berkshire Natural Resources
574Council, Inc. for the construction of new workforce housing and conservation of land and natural
575resources in the town of Egremont on the 225-acre former Egremont Golf Club property;
576provided further, that not less than $1,000,000 shall be expended to the Community
577Development Corporation of South Berkshire, Inc. for the redevelopment and remediation costs
578of new housing projects at the former Thornewood Inn and 100 Bridge street in the town of
579Great Barrington; provided further, that not less than $500,000 shall be expended to Central
580Berkshire Habitat for Humanity, Inc. for the creation of affordable housing projects in Berkshire
581county in collaboration with local communities; provided further, that not less than $1,000,000
582shall be expended to Hilltown Community Development Corporation for the creation of new
583housing and redevelopment of vacant properties in the rural hill towns of Berkshire, Hampden
584and Hampshire counties; provided further, that not less than $500,000 shall be expended to the
585North Adams Housing Authority; provided further, that not less than $500,000 shall be expended
586to Westside Legends, Inc. in the city of Pittsfield for the construction of new affordable
587homeownership units in 5 multifamily residential buildings constructed on a currently vacant lot;
588provided further, that not less than $500,000 shall be expended to the Southwick Housing 27 of 187
589Authority; provided further, that not less than $1,000,000 shall be expended to the Massachusetts
590Housing Finance Agency to be administered as grants to certified sober homes for sprinklers
591installed in accordance with the state building code; provided further, that not less than
592$1,000,000 shall be expended for the town of Harvard to purchase, rehabilitate and make
593improvements to the Bromfield House located at 39 Massachusetts avenue in the town of
594Harvard to provide public housing to immigrant families; provided further, that not less than
595$1,000,000 shall be expended for the Marlborough Housing Authority; provided further, that not
596less than $500,000 shall be expended for the Haverhill Housing Authority for construction of a
59734-unit affordable rental multi-family development at 230 Hilldale avenue in the city of
598Haverhill; provided further, that not less than $500,000 shall be expended for the Hudson
599Housing Authority; provided further, that not less than $1,500,000 shall be expended to the
600Methuen Housing Authority for capital improvements; provided further, that not less than
601$1,500,000 shall be expended to Way Finders, Inc. for a multi-phase housing development on
602South High street in the city of Holyoke; provided further, that not less than $500,000 shall be
603expended for the Acton Housing Authority; provided further, that not less than $500,000 shall be
604expended to the Easthampton Housing Authority for capital improvement projects and upgrades;
605provided further, that not less than $500,000 shall be expended for the Ayer Housing Authority;
606provided further, that not less than $1,500,000 shall be expended to the Melrose Housing
607Authority for critical infrastructure repairs to the CJ McCarthy and Julian Steele elderly-disabled
608public housing facilities; provided further, that not less than $5,000,000 shall be expended for the
609Arlington Housing Authority for envelope repairs and improvements at Menotomy Manor in the
610town of Arlington; provided further, that not less than $1,200,000 shall be expended to the
611Holyoke Housing Authority for capital improvement projects and upgrades; provided further, 28 of 187
612that not less than $1,550,000 shall be expended to the Chicopee Housing Authority for capital
613improvement projects and upgrades; provided further, that not less than $5,000,000 shall be
614expended to the Springfield Housing Authority for capital improvements; provided further, that
615not less than $2,250,000 shall be expended to New North Citizens Council, Inc. for pre-
616development and construction activities related to the redevelopment of the former Brightwood
617School at 471 Plainfield street in the city of Springfield; provided further, that not less than
618$275,000 shall be expended to Way Finders, Inc. for capital improvement projects and upgrades
619to the Southampton Meadows apartments; provided further, that not less than $1,000,000 shall be
620expended to the Wakefield Housing Authority for the development of the former Hurd school
621into affordable housing for individuals with disabilities; provided further, that not less than
622$500,000 shall be expended to the Westfield Housing Authority for capital improvement projects
623and upgrades; provided further, that not less than $1,000,000 shall be expended to the Agawam
624Housing Authority for capital improvement projects and upgrades; provided further, that not less
625than $500,000 shall be expended to the Valley Community Development Corporation for design
626and construction of solar energy systems and development at the Amherst Community Homes
627project in the city known as the town of Amherst; provided further, that not less than $1,000,000
628shall be expended to the West Springfield Housing Authority for capital improvement projects
629and upgrades; provided further, that not less than $500,000 shall be expended for the Littleton
630Housing Authority; provided further, that not less than $2,000,000 shall be expended to Way
631Finders, Inc. for the East Street and the Belchertown Road affordable housing projects in the city
632known as the town of Amherst; provided further, that not less than $1,000,000 shall be expended
633to the Avon Housing Authority to make necessary capital and accessibility improvements to the
634resident community center; provided further, that not less than $1,000,000 shall be expended for 29 of 187
635the town of Leverett for housing development or redevelopment efforts in accordance with the
636town’s comprehensive plan, existing town needs and coordination with neighboring
637municipalities on housing developments that impact both municipalities; provided further, that
638not less than $500,000 shall be expended for the Maynard Housing Authority; provided further,
639that not less than $50,000 shall be expended to the Dedham Housing Authority for maintenance
640and improvements; provided further, that not less than $50,000 shall be expended to the
641Norwood Housing Authority for maintenance and improvements; provided further, that not less
642than $50,000 shall be expended to the Walpole Housing Authority for maintenance and
643improvements; provided further, that not less than $50,000 shall be expended to the Westwood
644Housing Authority for maintenance and improvements; provided further, that not less than
645$2,000,000 shall be expended to the city of Worcester for a lead abatement program; provided
646further, that not less than $500,000 shall be expended to Worcester Common Ground Inc., to
647renovate 9 May street, a nonprofit affordable housing property; provided further, that not less
648than $2,000,000 shall be expended to the city of Worcester for an affordable housing
649preservation program; provided further, that not less than $2,500,000 shall be expended to the
650Main South Community Development Corporation for the development of 100 new affordable
651housing units; provided further, that not less than $500,000 shall be expended for the
652Southborough Housing Authority; provided further, that not less than $2,500,000 shall be
653expended to the Newton Housing Authority for window replacement, energy efficiency upgrades
654to deteriorating existing units and the addition of new affordable units; provided further, that not
655less than $1,000,000 shall be expended to the Wellesley Housing Authority for infrastructure
656updates, maintenance and accessibility projects; provided further, that not less than $500,000
657shall be expended for the Sudbury Housing Authority; provided further, that not less than 30 of 187
658$5,000,000 shall be expended for the development of affordable housing in the city of Lawrence
659for unhoused families, families impacted by domestic violence, veterans and victims of human
660trafficking; provided further, that not less than $500,000 shall be expended for the Wayland
661Housing Authority; provided further, that not less than $500,000 shall be expended to the Dalton
662Housing Authority; provided further, that not less than $1,000,000 shall be expended to the
663Quincy Housing Authority for purposes including, but not limited to, planning, design,
664engineering and construction of public housing units, site and building infrastructure repairs and
665property acquisition; provided further, that not less than $500,000 shall be expended to the
666Abington Housing Authority for purposes including, but not limited to, planning, design,
667engineering and construction of public housing units, site and building infrastructure repairs and
668property acquisition; provided further, that not less than $500,000 shall be expended to the
669Hanover Housing Authority for purposes including, but not limited to, planning, design,
670engineering and construction of public housing units, site and building infrastructure repairs and
671property acquisition; provided further, that not less than $500,000 shall be expended to the
672Holbrook Housing Authority for purposes including, but not limited to, planning, design,
673engineering and construction of public housing units, site and building infrastructure repairs and
674property acquisition; provided further, that not less than $500,000 shall be expended to the
675Rockland Housing Authority for purposes including, but not limited to, planning, design,
676engineering and construction of public housing units, site and building infrastructure repairs and
677property acquisition; provided further, that not less than $600,000 shall be expended for People
678Acting in Community Endeavors, Inc. in the city of New Bedford for the rehabilitation of
679residential units into affordable housing for renters and first-time homebuyers; provided further,
680that not less than $1,000,000 shall be expended for the demolition of the existing building and 31 of 187
681construction of a parking deck at 1204 Purchase street in the city of New Bedford to enable local
682housing development; provided further, that not less than $5,000,000 shall be expended to the
683New Bedford Housing Authority for renovations, repairs and remodeling projects to preserve
684housing stock and improve tenant quality of living; provided further, that not less than $500,000
685shall be expended for Partners in Housing, Inc. for affordable senior housing at the Mendes-
686Monteiro House in the town of Dartmouth; provided further, that not less than $2,000,000 shall
687be expended for the Brookline Housing Authority; provided further, that not less than $2,500,000
688shall be expended to the city of Salem for the redevelopment of the former historic Salem
689superior court and county commissioner's building for mixed; provided further, that not less than
690$1,000,000 shall be expended to the Salem Housing Authority for purposes, including, but not
691limited to, housing-related infrastructure improvements, unit modernization and maintenance;
692provided further, that not less than $1,000,000 shall be expended to the Danvers Housing
693Authority for purposes, including, but not limited to, housing-related infrastructure
694improvements, unit modernization and maintenance; provided further, that not less than
695$1,000,000 shall be expended to the Peabody Housing Authority for purposes, including, but not
696limited to, housing-related infrastructure improvements, unit modernization and maintenance;
697provided further, that not less than $1,000,000 shall be expended to the Beverly Housing
698Authority for purposes, including, but not limited to, housing-related infrastructure
699improvements, unit modernization and maintenance; provided further, that not less than
700$4,500,000 shall be expended to the Malden Housing Authority for critical infrastructure repairs
701to public housing units for seniors and individuals with disabilities; provided further, that not less
702than $500,000 shall be expended to the Braintree Housing Authority; provided further, that not
703less than $500,000 shall be expended to the Bridgewater Housing Authority; provided further, 32 of 187
704that not less than $500,000 shall be expended to the Easton Housing Authority; provided further,
705that not less than $500,000 shall be expended to the Milton Housing Authority; provided further,
706that not less than $500,000 shall be expended to the Randolph Housing Authority; provided
707further, that not less than $500,000 shall be expended to the Stoughton Housing Authority;
708provided further, that not less than $500,000 shall be expended to the West Bridgewater Housing
709Authority; provided further, that not less than $1,000,000 shall be expended to the Bridgewater
710Housing Authority to support a sewer line replacement project; provided further, that not less
711than $1,470,000 shall be expended to Valley Community Land Trust, Incorporated for land
712acquisition and construction and development of affordable housing in Franklin county; provided
713further, that not less than $1,000,000 shall be expended to the city of Gloucester for workforce
714development and affordable housing purposes; provided further, that not less than $250,000 shall
715be expended for public housing redevelopment at the Monson Developmental Center in the town
716of Monson; provided further, that not less than $1,000,000 shall be expended for the creation of
717affordable housing units in the Stevens Linen Mill public housing development project in the
718town of Dudley; provided further, that not less than $500,000 shall be expended to the town of
719Northbridge for housing redevelopment projects; provided further, that not less than $500,000
720shall be expended to the town of Upton for housing infrastructure improvements; provided
721further, that not less than $1,000,000 shall be expended for sewer, septic, water, storm water
722management, roads, sidewalks, traffic controls and public safety infrastructure upgrades and
723expansions that advance projects that support housing development, preservation or
724rehabilitation in the town of Auburn; provided further, that not less than $1,000,000 shall be
725expended for sewer, septic, water, storm water management, roads, sidewalks, traffic controls
726and public safety infrastructure upgrades and expansions that advance projects that support 33 of 187
727housing development, preservation or rehabilitation in the town of Grafton; provided further, that
728not less than $1,000,000 shall be expended for sewer, septic, water, storm water management,
729roads, sidewalks, traffic controls and public safety infrastructure upgrades and expansions that
730advance projects that support housing development, preservation or rehabilitation in the town of
731Millbury; provided further, that not less than $1,000,000 shall be expended for sewer, septic,
732water, storm water management, roads, sidewalks, traffic controls and public safety
733infrastructure upgrades and expansions that advance projects that support housing development,
734preservation or rehabilitation in the town of Shrewsbury; provided further, that not less than
735$1,000,000 shall be expended for sewer, septic, water, storm water management, roads,
736sidewalks, traffic controls and public safety infrastructure upgrades and expansions that advance
737projects that support housing development, preservation or rehabilitation in the town of
738Westborough; provided further, that not less than $2,000,000 shall be expended for sewer, septic,
739water, storm water management, roads, sidewalks, traffic controls and public safety
740infrastructure upgrades and expansions that advance projects that support housing development,
741preservation or rehabilitation in the city of Worcester; provided further, that not less than
742$500,000 shall be expended to the town of Middleton for infrastructure improvements to support
743housing and public safety; provided further, that not less than $2,000,000 shall be expended for
744infrastructure improvement to facilitate housing production along the United States highway
745route 1 corridor between the town of Topsfield and the town of Salisbury; provided further, that
746not less than $500,000 shall be expended to the city of Newburyport for the development of
747housing at the former Brown school located at 40 Milk street in the city of Newburyport;
748provided further, that not less than $250,000 shall be expended to the town of North Reading for
749infrastructure improvements to support housing production; provided further, that not less than 34 of 187
750$250,000 shall be expended to the Rockport Affordable Housing Trust for the production of
751affordable housing; provided further, that not less than $500,000 shall be expended to Housing
752Support Inc. in the city of Newburyport for the creation of housing to support populations, which
753may include, but shall not be limited to, low-income individuals, homeless individuals, people
754with disabilities, veterans and individuals in recovery in the Merrimack valley; provided further,
755that not less than $1,000,000 shall be expended to the Greater Boston Community Land Trust for
756the acquisition, development and rehabilitation of property to be preserved for long-term
757affordable housing; provided further, that not less than $7,000,000 shall be expended to
758Children’s Services of Roxbury, Inc. to develop affordable, supportive housing for transition-
759aged youth facing homelessness or aging out of systems and for homeless families coping with
760trauma and mental health needs; provided further, that not less than $500,000 shall be expended
761to the Winchester Housing Authority; provided further, that not less than $500,000 shall be
762expended to the Cape Cod Chamber of Commerce for the construction of new accessory
763dwelling units to increase affordable workforce housing through an employer housing
764partnership program; provided further, that not less than $1,000,000 shall be expended to the
765Housing Assistance Corporation for the construction and build-out of a regional housing
766resource center; provided further, that not less than $500,000 shall be expended to the Stoneham
767Housing Authority; provided further, that not less than $1,000,000 shall be expended to the
768Canton Housing Authority; provided further, that not less than $1,000,000 shall be expended to
769the Foxborough Housing Authority; provided further, that not less than $1,000,000 shall be
770expended to the Sharon Housing Authority; provided further, that not less than $1,000,000 shall
771be expended to the Norton Housing Authority; provided further, that not less than $1,000,000
772shall be expended to the North Attleboro Housing Authority; provided further, that not less than 35 of 187
773$3,000,000 shall be expended to Northern Bristol County Assistance Collaborative, Inc. for
774development costs for the Attleboro affordable senior housing project; provided further, that not
775less than $500,000 shall be expended to the Rehoboth Housing Authority for the design and
776construction of new senior housing units; provided further, that not less than $500,000 shall be
777expended to the Carver Housing Authority for housing improvements, including, but not limited
778to, modernization, energy efficiencies and sustainability; provided further, that not less than
779$500,000 shall be expended to the Dighton Housing Authority for housing improvements,
780including, but not limited to, modernization, energy efficiencies and sustainability; provided
781further, that not less than $1,000,000 shall be expended to the Middleborough Housing Authority
782for housing improvements, including, but not limited to, modernization, energy efficiencies and
783sustainability; provided further, that not less than $500,000 shall be expended to the Raynham
784Housing Authority for housing improvements, including, but not limited to, modernization,
785energy efficiencies and sustainability; provided further, that not less than $3,500,000 shall be
786expended to the Taunton Housing Authority for housing improvements, including, but not
787limited to, modernization, energy efficiencies and sustainability; provided further, that not less
788than $500,000 shall be expended to the Wareham Housing Authority for new senior housing
789construction and housing improvements, including, but not limited to, modernization, energy
790efficiencies and sustainability; provided further, that not less than $3,000,000 shall be expended
791for planning and design of water infrastructure interconnections between municipalities and
792other public water suppliers affected by the Ipswich river watershed to support current and future
793housing stock; provided further, that not less than $750,000 shall be expended for the Simonelli
794Innovation Center at the Hamilton Mills building for an affordable housing development project
795in the town of Southbridge; provided further, that not less than $1,000,000 shall be expended for 36 of 187
796the modernization of elevators at the Ruth Lillian Barkley development in the South End section
797of the city of Boston; provided further, that not less than $1,000,000 shall be expended to the
798Boston Housing Authority for the modernization of the St. Botolph apartments in the city of
799Boston; provided further, that not less than $1,000,000 shall be expended to Codman Square
800Neighborhood Development Corporation for design, construction and maintenance of affordable
801housing; provided further, that not less than $1,000,000 shall be expended to South Boston
802Neighborhood Development Corporation for design, construction and maintenance of affordable
803housing; provided further, that not less than $1,000,000 shall be expended to Caribbean
804Integration Community Development, Inc. for design, construction and maintenance of
805affordable housing; provided further, that not less $1,000,000 shall be expended to St. Mary’s
806Center for Women and Children, Inc. for renovation and construction of supportive housing
807units; provided further, that not less than $2,000,000 shall be expended to the Boston Housing
808Authority for the modernization and maintenance of the Monsignor Powers apartments, West
809Ninth Street apartments and Foley apartments in the South Boston section of the city of Boston;
810provided further, that not less than $15,000,000 shall be expended to the Boston Housing
811Authority for the creation of federally-assisted housing in the city of Boston pursuant to the
812United States Department of Housing and Urban Development’s Rental Assistance
813Demonstration program or related federal housing programs; provided further, that not less that
814$5,000,000 shall be expended to the town of Truro to complete water main extension and road
815work improvements related to the construction of housing at the Walsh Property project;
816provided further, that not less than $1,000,000 shall be expended to the Somerset Housing
817Authority for critical infrastructure repairs, maintenance and capital improvement projects;
818provided further, that not less than $1,000,000 shall be expended to the Swansea Housing 37 of 187
819Authority for critical infrastructure repairs, maintenance and capital improvement projects;
820provided further, that not less than $1,000,000 shall be expended to the Westport Housing
821Authority for critical infrastructure repairs, maintenance and capital improvement projects;
822provided further, that not less than $5,000,000 shall be expended to the Fall River Housing
823Authority for facility renovations and security improvements; provided further, that not less than
824$5,000,000 shall be expended to the city of Boston to automate the ground water monitoring
825system; provided further, that not less than $2,000,000 shall be expended to the city known as
826the town of Winthrop for infrastructure and demolition of the former middle school located at
827141 Pauline street; and provided further, that not less than $1,000,000 shall be expended to the
828city of Revere for senior housing upgrades and improvements to Revere Housing Authority
829properties……………………………………$228,770,000
830 EXECUTIVE OFFICE OF HOUSING AND LIVABLE COMMUNITIES
831 7004-0077For a local capital projects grant program to support and encourage
832implementation of the housing choice designation for communities that have demonstrated
833housing production and adoption of housing best practices; provided, that not less than
834$25,000,000 shall be expended for a grant program to assist MBTA communities in complying
835with the multi-family zoning requirement in section 3A of chapter 40A of the General
836Laws....................$60,000,000
837 7004-0079For the Smart Growth Housing Trust Fund established in section 35AA of
838chapter 10 of the General Laws…………………………………………………..$20,000,000
839 7004-0081For a reserve to support the production of for-sale, below market housing
840to expand homeownership opportunities for first-time homebuyers and socially and economically 38 of 187
841disadvantaged individuals; provided, that grants and loans to developers shall be used to
842facilitate production of affordable homeownership units for households earning not more than
843120 per cent of the area median income; provided further, that projects with units restricted to
844households with incomes of not more than 80 per cent of the area median income shall receive
845preference; provided further, that funds expended from this item shall, to the maximum extent
846feasible, be prioritized for projects that comply with decarbonization and sustainability
847standards; provided further, that prioritization shall be determined through objective scoring
848criteria in the Qualified Allocation Plan developed by the executive office of housing and livable
849communities; provided further, that for new construction projects, the standards set forth in the
850Municipal Opt-in Specialized Stretch Energy Code under 225 CMR 22.00 and 23.00 and the
851Enterprise Green Communities standards shall be the applicable standards for prioritization;
852provided further, that any project proposing less than full compliance with said standards shall
853provide detailed analysis demonstrating why full compliance would render the project infeasible
854notwithstanding utilization of all available federal and state incentives, including rebates and tax
855credits; provided further, that for retrofits of existing units, prioritization shall be given to
856projects that include energy efficiency and electrification decarbonization measures, including,
857but not limited to, electric or ground source heat pumps, net-zero developments, Passive House
858Institute certification or an equivalent energy efficiency certification, and all-electric buildings
859and projects that incorporate green, sustainable and climate-resilient elements; provided further,
860that projects that include lower embodied carbon construction materials and methods shall be
861further prioritized; provided further, that the minimum number of units for qualifying projects
862under the program shall be 10 units unless otherwise approved by the secretary of housing and
863livable communities; provided further, that funds in this item shall be distributed in a manner that 39 of 187
864promotes geographic equity; provided further, that grants may include a requirement for
865matching funds; provided further, that the executive office of housing and livable communities
866may enter into such contracts and agreements with the Massachusetts Housing Finance Agency,
867or such other public agencies and instrumentalities as it may determine, for the administration of
868such program; and provided further, that not more than 5 per cent of this item shall be used for
869the reasonable costs of administering the program....................................$200,000,000
870 7004-0082For grants and technical assistance for municipalities and regional
871applicants to support planning and locally-driven initiatives related to community development,
872housing production, workforce training and economic opportunity, childcare and early education
873initiatives and climate resilience initiatives, including nature-based solutions projects, that
874incorporate these elements, across the commonwealth within individual communities, regions or
875a defined subset of communities therein; provided, that funds may be expended for culturally
876competent and multi-lingual technical assistance and training to small businesses; provided
877further, that preference for such funds shall be given to businesses located in low- or moderate-
878income areas and owned by socially and economically disadvantaged individuals; provided
879further, that grants shall be awarded in a manner that promotes geographic equity; and provided
880further, that funds from this item shall not be expended in communities deemed by the executive
881office of housing and livable communities not in compliance with the multi-family zoning
882requirement established in section 3A of chapter 40A of the General Laws.................$25,000,000
883 7004-0083For the HousingWorks infrastructure program established in section 27½
884of chapter 23B of the General Laws; provided, that not less than $100,000,000 shall be expended
885as grants to cities and towns for sewer, septic and water infrastructure upgrades that advance
886projects that support housing development, preservation or rehabilitation; provided further, that 40 of 187
887the executive office shall consider geographic equity in awarding funds from this item; provided
888further, that not less than $50,000,000 shall be expended as grants to cities and towns that (i) are
889compliant with the multi-family zoning requirement under section 3A of chapter 40A of the
890General Laws; and (ii) have demonstrated continued effort to advance housing production
891beyond the minimum multi-family zoning requirement in said section 3A of said chapter 40A, as
892determined by the secretary of housing and livable communities; provided further, that not less
893than $50,000,0000 shall be expended as grants to cities and towns that have: (a) accepted
894sections 3 to 7, inclusive, of chapter 44B of the General Laws; and (b) expended an amount of
895not less than 10 per cent of revenues available to the city or town under said sections 3 to 7,
896inclusive, of said chapter 44B on community housing; and provided further, that the executive
897office of housing and livable communities shall prioritize the awarding of grants to cities and
898towns with higher percentages of total revenues available to the city or town under said sections
8993 to 7, inclusive, of said chapter 44B expended on community housing
900…………………………………………..$375,000,000
901 7004-0085For state financial assistance to cities and towns or agencies, boards,
902commissions, authorities, departments or instrumentalities thereof or community development
903corporations or nonprofit organizations to assist in the revitalization of neighborhoods and
904communities with properties in blighted or substandard conditions by subsidizing the purchase
905price, borrowing costs or costs of demolition or renovation projects of not more than 50 units of
906residential rental housing or 1 to 4 units, inclusive, of home ownership residential housing that
907have been cited for building or sanitary code violations or that are subject to cancellation of
908commercial property insurance due to substandard property conditions or are otherwise blighted
909or substandard; provided, that contracts entered into by the executive office of housing and 41 of 187
910livable communities for those projects may include, but shall not be limited to, projects
911providing for demolition, renovation, remodeling, reconstruction, redevelopment and hazardous
912material abatement, including asbestos and lead paint, and for compliance with state codes and
913laws and for adaptations necessary for compliance with the Americans with Disabilities Act of
9141990; provided further, that preference shall be given to community development corporations
915and local non-profit organizations, organizations sponsoring projects that secure private funds
916and projects with the greatest impact on community stabilization in weak markets, including, but
917not limited to, rural communities and communities that have been disproportionately affected by
918disinvestment, foreclosure and abandonment; provided further, that financial assistance shall be
919awarded in a manner that promotes geographic, social, racial, and economic equity; provided
920further, that funds from this item shall not be expended in communities deemed by the secretary
921of housing and livable communities not in compliance with the multi-family zoning requirement
922established in section 3A of chapter 40A of the General Laws; provided further, that funds
923expended from this item shall, to the maximum extent feasible, be prioritized for projects that
924comply with decarbonization and sustainability standards; provided further, that prioritization
925shall be determined through objective scoring criteria in the Qualified Allocation Plan developed
926by the executive office of housing and livable communities; provided further, that for new
927construction projects, the standards set forth in the Municipal Opt-in Specialized Stretch Energy
928Code under 225 CMR 22.00 and 23.00 and the Enterprise Green Communities standards shall be
929the applicable standards for prioritization; provided further, that any project proposing less than
930full compliance with said standards shall provide detailed analysis demonstrating why full
931compliance would render the project infeasible notwithstanding utilization of all available
932federal and state incentives, including rebates and tax credits; provided further, that for retrofits 42 of 187
933of existing units, prioritization shall be given to projects that include energy efficiency and
934electrification decarbonization measures, including, but not limited to, electric or ground source
935heat pumps, net-zero developments, Passive House Institute compliance or an equivalent energy
936efficiency certification, and all-electric buildings and projects that incorporate green, sustainable
937and climate-resilient elements; provided further, that projects that include lower embodied
938carbon construction materials and methods shall be further prioritized; provided further, that
939such rehabilitated housing shall remain affordable for such period as shall be established by the
940executive office through guidance taking into account differences in market conditions and the
941type of restrictions best suited to promoting community stabilization in different markets; and
942provided further, that an amount not to exceed 2 per cent of the amount expended may be used
943for administrative costs directly attributable to the purposes of this program, including costs of
944support personnel......................................................$50,000,000
945 7004-0096For a rural and small town housing program; provided, that funds shall be
946expended as state financial assistance in the form of no interest loans, grants, subsidies, credit
947enhancements and other financial assistance for the development and redevelopment of rental
948and homeownership housing in rural areas; provided further, that entities eligible to receive
949financial assistance under this item shall include qualified for-profit or nonprofit developers,
950community development corporations, local housing authorities, community action agencies,
951community-based or neighborhood-based nonprofit housing organizations, other nonprofit
952organizations and for-profit entities, cities and towns and other governmental entities; provided
953further, that state financial assistance shall be awarded for projects in municipalities m that have:
954(i) a total population of not more than 7,000 persons; or (ii) a population density of not more than
955500 persons per square mile; provided further, that preference shall be given to projects in 43 of 187
956communities designated as a housing choice community by the executive office of housing and
957livable communities or that have otherwise demonstrated housing best practices; provided
958further, that funds shall be expended in a manner that promotes geographic equity and meets the
959needs of all types of rural communities as identified in the 2019 rural policy plan; provided
960further, that funds from this item shall not be expended in communities deemed by the secretary
961of housing and livable communities to not be in compliance with the multi-family zoning
962requirement established in section 3A of chapter 40A of the General Laws; provided further, that
963financial assistance to eligible entities shall be used for housing production, preservation or
964rehabilitation for households with income of not more than 110 per cent of the area median
965income; provided further, that projects with units restricted to households with income of not
966more than 60 per cent of the area median income shall receive preference; provided further, that
967projects awarded financial assistance under this item shall not be subject to a minimum unit
968threshold determined by the executive office of housing and livable communities; provided
969further, that funds may be expended to construct or repair non-publicly-owned septic systems
970within a housing development or redevelopment project that has been awarded financial
971assistance under this item; and provided further, that any septic system and drinking water wells
972construction or repair completed under this item shall be compliant with 310 CMR 15.00; and
973provided further, that the executive office may contract with a public agency, quasi-public
974agency or nonprofit entity for the administration of this
975program…………………………..$50,000,000
976 7004-0097For a seasonal community housing innovation program; provided, that
977funds shall be expended as state financial assistance in the form of no interest loans, grants,
978subsidies, credit enhancements and other financial assistance for the development and 44 of 187
979redevelopment of housing in seasonal communities, as defined by the executive office of housing
980and livable communities and as informed by the recommendations of the advisory council
981established under section 32 of chapter 23B of the General Laws; provided further, that entities
982eligible to receive financial assistance under this item shall include qualified for-profit or
983nonprofit developers, community development corporations, local housing authorities,
984community action agencies, community-based or neighborhood-based nonprofit housing
985organizations, other nonprofit organizations and for-profit entities, cities and towns and other
986governmental entities; provided further, that state financial assistance to eligible entities shall be
987used to facilitate production, preservation or rehabilitation of affordable and attainable housing
988in seasonal communities for year-round residents with incomes at or below a level to be set by
989the executive office; provided further, that projects with units restricted to households with
990income of not more than 60 per cent of the area median income shall receive preference;
991provided further, that projects that receive financial assistance under this item may include but
992shall not be limited to: (i) affordable housing restricted to individuals who maintain primary
993residence in a seasonal community for a period not less than 10 months during any 12-month
994period; (ii) housing for individuals holding an office, position or employment for municipal or
995county government or agency within a municipality designated as a seasonal community, which
996shall include but not be limited to, teachers, public works employees, public safety employees,
997first responders, town administrators and other municipal employees; and (iii) housing for
998individuals who, by vocation, produce or support artistic and literary activities; provided further,
999that preference shall be given to projects in seasonal communities that have a zoning ordinance
1000or by-law that provides for at least 1 district of reasonable size in which small scale, year-round
1001housing is permitted as of right; provided further, that such multi-family housing shall be without 45 of 187
1002age restrictions and shall be suitable for families with children; and provided further, that the
1003executive office may contract with a public agency, quasi-public agency, or nonprofit entity for
1004the administration of this program…………………………..$50,000,000
1005 7004-0098For state financial assistance in the form of no interest loans, grants,
1006subsidies, credit enhancements and other financial assistance for the development and
1007redevelopment of housing in midsized and suburban communities; provided, that entities eligible
1008to receive financial assistance under this item shall include qualified for-profit or nonprofit
1009developers, community development corporations, local housing authorities, community action
1010agencies, community-based or neighborhood-based nonprofit housing organizations, other
1011nonprofit organizations and for-profit entities, and governmental entities; provided further, that
1012state financial assistance shall be awarded for projects in cities and town with a total population
1013of not more than 40,000 persons; provided further, that projects eligible for financial assistance
1014under item 7004-0096 shall not be eligible for financial assistance under this item; provided
1015further, that financial assistance to eligible entities shall be used for housing production,
1016preservation or rehabilitation for households with income of not more than 110 per cent of the
1017area median income; provided further, that projects with units restricted to households with
1018income of not more than 60 per cent of the area median income shall receive preference;
1019provided further, that the executive office shall consider geographic equity in awarding funds
1020from this item; provided further, that funds from this item shall not be expended for projects in
1021communities deemed by the secretary of housing and livable communities not in compliance
1022with the multi-family zoning requirement established in section 3A of chapter 40A of the
1023General Laws; and provided further, that the executive office may contract with a public agency, 46 of 187
1024quasi-public agency, or nonprofit entity for the administration of this
1025program…………………………..$50,000,000
1026 SECTION 2B.
1027 EXECUTIVE OFFICE OF HOUSING AND LIVABLE COMMUNITIES
1028 7004-4784For the Massachusetts Housing Finance Agency established in section 3 of
1029chapter 708 of the acts of 1966, to capitalize a permanent, revolving Residential Production
1030Momentum Fund for the purpose of accelerating the development of mixed-income and
1031workforce multifamily housing production projects by providing financial assistance in the form
1032of innovative, low-cost, and flexible capital funding, which may be in the form of debt, equity, or
1033other instruments, depending on individual underwriting needs of the project; provided, that not
1034less than 20 per cent of the units in a project that receives financial assistance under this item
1035shall be restricted to households with incomes between 60 per cent and 120 per cent, inclusive,
1036of the area median income; provided further, that, notwithstanding paragraph (f) of section 5 of
1037said chapter 708, the Agency may in its discretion set the term and prepayment options for any
1038mortgage or other loan or instrument issued to any project receiving such financial assistance
1039based on the individual underwriting needs of the project; provided further, that such financial
1040assistance shall be awarded in a manner that promotes geographic equity; provided further, that
1041funds expended from this item shall, to the maximum extent feasible, be prioritized for projects
1042that comply with decarbonization and sustainability standards; provided further, that
1043prioritization shall be determined through objective scoring criteria in the Qualified Allocation
1044Plan developed by the executive office of housing and livable communities; provided further,
1045that for new construction projects, the standards set forth in the Municipal Opt-in Specialized 47 of 187
1046Stretch Energy Code under 225 CMR 22.00 and 23.00 and the Enterprise Green Communities
1047standards shall be the applicable standards for prioritization; provided further, that any project
1048proposing less than full compliance with said standards shall provide detailed analysis
1049demonstrating why full compliance would render the project infeasible notwithstanding
1050utilization of all available federal and state incentives, including rebates and tax credits; provided
1051further, that for retrofits of existing units, prioritization shall be given to projects that include
1052energy efficiency and electrification decarbonization measures, including, but not limited to,
1053electric or ground source heat pumps, net-zero developments, Passive House Institute
1054certification or an equivalent energy efficiency certification, and all-electric buildings and
1055projects that incorporate green, sustainable and climate-resilient elements; and provided further,
1056that projects that include lower embodied carbon construction materials and methods shall be
1057further prioritized....................$50,000,000
1058 SECTION 3. Section 20 of chapter 6C of the General Laws, as appearing in the 2022
1059Official Edition, is hereby amended by inserting after the second paragraph the following
1060paragraph:-
1061 Any agreement related to any sale or lease of property may require that a developer
1062construct, design, build, finance, operate or maintain, or any combination thereof, transportation
1063facilities in the state highway system, including land and air rights or any related facility or
1064component thereof controlled by the department; provided, however, that the department shall
1065state in its bid documentation that such transportation facilities or related facility will be accepted
1066or required as a part of any such development agreement. There shall not be any further
1067procurement or advertising requirements except for the requirements set forth in this section. 48 of 187
1068 SECTION 4. Section 46 of said chapter 6C, as so appearing, is hereby amended by
1069inserting after the first paragraph the following paragraph:-
1070 An agreement related to any lease of property may require that a developer construct,
1071design, build, finance, operate or maintain, or any combination thereof, transportation facilities
1072in the state highway system, including land and air rights or any related facility or component
1073thereof controlled by the department; provided, however, that the department shall state in its bid
1074documentation that such transportation facilities or related facility will be accepted or required as
1075a part of any such development agreement. There shall not be any further procurement or
1076advertising requirements except for the requirements set forth in section 20.
1077 SECTION 5. The first paragraph of subsection (b) of section 1 of chapter 23B of the
1078General Laws, as appearing in section 102 of chapter 7 of the acts of 2023, is hereby amended by
1079adding the following clause:-
1080 (xviii) develop and implement, not less than once every 5 years, a written comprehensive
1081housing plan for the commonwealth, which shall include, but not be limited to, housing supply
1082and demand data, affordability and affordability gaps, identification of housing affordability
1083challenges and needs by region, an analysis of local zoning and strategies to address such
1084housing needs.
1085 SECTION 6. Section 5A of said chapter 23B, as appearing in section 104 of said chapter
10867, is hereby amended by striking out the first paragraph and inserting in place thereof the
1087following paragraph:-
1088 There shall be within the executive office a housing appeals committee consisting of: 5
1089members to be appointed by the secretary, 1 of whom shall be an officer or employee of the 49 of 187
1090executive office or any agency or division within the executive office or a designee; and 2
1091members to be appointed by the governor, 1 of whom shall be a sitting or former member of a
1092select board and 1 of whom shall be a sitting or former member of a city council or other
1093governing body of a city. Each member shall serve a term of 2 years and the secretary shall
1094designate the chair. A member of the committee shall not receive compensation for such service
1095but shall be reimbursed by the commonwealth for all reasonable expenses actually and
1096necessarily incurred in the performance of the member’s official duties. The committee shall
1097hear all petitions for review filed under section 22 of chapter 40B and shall conduct such
1098hearings in accordance with rules and regulations established by the secretary; provided,
1099however, that the committee may hear multiple petitions concurrently if the petitions are heard
1100by not less than 3 members as assigned by the chair, of which 2 of whom shall have been
1101appointed by the secretary and 1 of whom shall have been appointed by the governor.
1102 SECTION 7. Section 27½ of said chapter 23B, inserted by section 117 of said chapter 7,
1103is hereby amended by striking out subsections (a) and (b) and inserting in place thereof the
1104following 2 subsections:-
1105 (a) There shall be in the executive office of housing and livable communities a
1106HousingWorks infrastructure program to: (i) issue infrastructure grants that support housing to
1107municipalities and other public entities for design, construction, building, rehabilitation, repair
1108and other improvements to infrastructure that support the objectives of the secretariat including,
1109but not limited to, sewers, utility extensions, streets, roads, curb-cuts, parking, water treatment
1110systems, telecommunications systems, transit improvements, public parks and spaces that
1111support planned or proposed housing improvements and pedestrian and bicycle ways; and (ii)
1112assist municipalities to advance projects that support housing development, preservation or 50 of 187
1113rehabilitation. Preference for grants or assistance under this section shall be given to: (i)
1114infrastructure serving locations within 0.5 miles of a transit station or transit route; (ii) other
1115eligible locations as defined in section 1A of chapter 40A; (iii) multi-family zoning districts that
1116comply with section 3A of said chapter 40A; provided, however, that no funds shall be awarded
1117to a community deemed by the secretary to be not in compliance with said section 3A of said
1118chapter 40A; (iv) communities that: (1) have accepted sections 3 to 7, inclusive, of chapter 44B;
1119and (2) have expended not be less than 10 per cent of revenues available to the city or town
1120under said sections 3 to 7, inclusive, of said chapter 44B for community housing; and (v) projects
1121that support regional equity.
1122 (b) A project that uses grants to municipalities for public infrastructure provided by this
1123section shall be procured by a municipality in accordance with chapter 7, section 39M of chapter
112430, chapter 30B and chapter 149.
1125 SECTION 8. Said chapter 23B is hereby further amended by adding the following 3
1126sections:-
1127 Section 31. (a) There shall be within the executive office of housing and livable
1128communities an office of fair housing. The secretary of housing and livable communities shall
1129appoint a director of the office who shall serve at the pleasure of the secretary.
1130 (b) The office shall:
1131 (i) collaborate with state agencies on policies and strategies to: (a) advance the
1132elimination of housing discrimination and increase access to fair housing; (b) overcome patterns
1133of segregation; (c) foster inclusive communities without barriers that restrict access for
1134individuals or groups protected from unlawful practices pursuant to chapter 151B; and (d) 51 of 187
1135support enforcement of and compliance with all fair housing laws, including, but not limited to,
1136said chapter 151B and the Fair Housing Act, 42 U.S.C. 3601 et seq.;
1137 (ii) facilitate communication and partnership among state agencies and municipalities to
1138identify the intersections between activities of state agencies, activities of municipalities and fair
1139housing;
1140 (iii) facilitate the development of interagency initiatives to examine and address the social
1141and economic determinants of housing disparities, including, but not limited to: (a) equal access
1142to quality housing; (b) housing affordability; (c) access and proximity to multimodal
1143transportation options, including cost of such transportation; (d) air, water and land usage and
1144quality, including, but not limited to, consideration of environmental justice principles as defined
1145in section 62 of chapter 30; (e) employment and workforce development; (f) access to healthcare;
1146(g) access to and quality of education; and (h) language access; and
1147 (iv) administer the Fair Housing Trust Fund established under section 2EEEEEE of
1148chapter 29.
1149 (c)(1) Not less than every 3 years, the office shall prepare a report evaluating the progress
1150of the commonwealth toward eliminating housing discrimination and increasing access to fair
1151housing. The report shall comply with applicable federal requirements for analysis and reporting.
1152Where possible, the report shall include quantifiable measures and comparative benchmarks and
1153shall detail progress on a regional basis. The office shall hold public hearings in geographically
1154diverse regions of the commonwealth to gather public information on the topics of the report.
1155 (2) Annually, the office shall prepare a supplemental report describing the activities and
1156outcomes of the Fair Housing Trust Fund established under section 2EEEEEE of chapter 29. 52 of 187
1157 (3) Reports pursuant to this subsection shall be filed with the clerks of the house of
1158representatives and senate and the joint committee on housing not later than July 1 in the year in
1159which the report is due. Each report shall be posted publicly on the office’s website.
1160 Section 32. (a) There shall be within the executive office of housing and livable
1161communities an office of livable communities and community services, which shall be under the
1162charge of an undersecretary, who shall be appointed and may be removed by the secretary and
1163who shall be subject to the direction, control and supervision of the secretary.
1164 (b) The office shall: (i) seek to enrich housing opportunities across the commonwealth
1165and carry out its duties in a regionally equitable manner; (ii) provide technical assistance
1166regarding housing needs to cities and towns, including rural communities, as defined in section
116766 of chapter 23A and seasonal communities, as designated by the secretary pursuant to section
116833, to address preservation and production of affordable and attainable year-round housing
1169specific to the needs of the community or region; and (iii) ensure that all programs administered
1170by the office comply with federal, state and fair housing laws.
1171 (c) The office may: (i) administer grants and programs specifically designated for urban,
1172suburban, rural or seasonal communities; and (ii) pilot innovative housing programs to address a
1173communities’ unique housing needs.
1174 (d) The office shall prepare an annual report on geographic equity in the
1175commonwealth’s housing assistance programs. The report shall include, but not be limited to: (i)
1176the number of housing units created with assistance from the commonwealth organized by
1177municipality and county; and (ii) data on the types of housing units produced, including
1178affordability, housing type, total state assistance amount and the total cost per unit. The report 53 of 187
1179shall be posted publicly on the office’s website and shall be filed with the clerks of the house of
1180representatives and senate and the joint committee on housing not later than July 1 in the year in
1181which the report is due.
1182 Section 33. (a) For the purposes of this section “year-round housing”, shall mean housing
1183for occupancy by persons or families who occupy either rental or other housing as their principal
1184residence for not less than 10 months a year and “attainable housing” shall mean housing that is
1185affordable for year-round residents with incomes under a level set by the undersecretary in
1186consultation with the seasonal communities advisory council.
1187 (b) The secretary may designate a municipality as a seasonal community; provided,
1188however, that all municipalities in the counties of Dukes County and Nantucket and all
1189municipalities with over 35 per cent seasonal housing units in the county of Barnstable, as
1190determined by the executive office in consultation with the Cape Cod commission established in
1191chapter 716 of the acts of 1989 and all municipalities with more than 40 per cent seasonal
1192housing units in the county of Berkshire, as determined by the executive office in consultation
1193with the Berkshire regional planning commission, shall receive such designation. The executive
1194office may designate additional municipalities as seasonal communities based on consideration
1195of the following factors: (i) a high rate of short-term rentals in relation to the overall housing
1196inventory; (ii) a significant population increase in seasonal visitors; (iii) an excessive disparity
1197between the area median income and the income required to purchase the municipality’s median
1198home price; (iv) the percentage of housing stock that is used for seasonal, occasional or
1199recreational use or is otherwise not used as a primary residence by the property’s owner; and (v)
1200high variations in the average monthly variation of employment in the sector over the full year,
1201in relation to the municipality’s minimum employment threshold. A municipality designated by 54 of 187
1202the executive office as a seasonal community pursuant to this section shall accept or deny the
1203designation by vote of its chief executive officers. The secretary shall consult with the advisory
1204council established in subsection (c) to review additional municipalities under consideration to
1205receive the seasonal community designation.
1206 (c) The executive office shall convene an advisory council to offer expertise in issues
1207pertaining to municipal government, the hospitality industry, the tourism industry, housing law
1208and housing development and finance in seasonal communities. The council shall consist of: the
1209secretary or a designee, who shall serve as chair; 1 member of the senate appointed by the senate
1210president, who represents a district in which at least 1 municipality is designated as a seasonal
1211community; 1 member of the house of representatives appointed by the speaker of the house of
1212representatives, who represents a district in which at least 1 municipality is designated as a
1213seasonal community; 1 person appointed by the Massachusetts Municipal Association, Inc.; and
1214the following persons to be appointed by the secretary: 1 person who shall be a representative of
1215the developer community and is a resident of a municipality designated as a seasonal
1216community; 1 person who shall be a licensed real estate agent with the board of registration of
1217real estate brokers and salespersons and is a resident of a municipality designated as a seasonal
1218community; 1 person to represent each regional planning agency whose jurisdiction encompasses
1219at least 1 municipality designated as a seasonal community; 1 licensed attorney who practices in
1220the area of land use and who is a resident of a municipality designated as a seasonal community;
1221and 1 person who shall be a representative of the lending and banking community and who is a
1222resident of a municipality designated as a seasonal community. The secretary may appoint
1223additional members with knowledge and with expertise in land use law, fair housing law,
1224municipal law and operations or the housing needs of seasonal communities. The council shall 55 of 187
1225adopt by-laws to govern its affairs. The council shall provide advice and recommendations to the
1226executive office regarding policies or programs necessary to serve the distinct needs of seasonal
1227communities, including, but not limited to, accessing specialized or general application grant
1228programs and best practices on incentivizing the production of attainable year-round housing in
1229seasonal communities. Annually, not later than December 31, the council shall submit a report of
1230any recommendations to the executive office, the clerks of the house of representatives and the
1231senate and the joint committee on housing.
1232 The executive office shall review, on an as-needed basis, the ongoing needs of
1233municipalities designated as seasonal communities and may deny a municipality’s continued
1234seasonal community designation based on the municipality’s ongoing needs and eligibility.
1235 (d) A seasonal community may: (i) acquire year-round housing occupancy restrictions for
1236rental or other housing; provided, however, that any such year-round housing occupancy
1237restriction held by a city or town shall be construed as a restriction held by a governmental body
1238with the benefit of section 26 of chapter 184; (ii) acquire and develop housing units with
1239preference for for housing seasonal community public employees that are necessary to the health
1240and safety of maintaining a year-round community, including teachers, public works employees,
1241public safety employees, first responders, town administrators and other employees essential for
1242municipal operations as described under section 42(g)(9)(B) of the Internal Revenue Code; (iii)
1243expend funds to develop, on a biannual basis, a comprehensive housing needs assessment; (iv)
1244establish a Year-Round Housing Trust Fund, individually or with other seasonal communities,
1245to provide for the creation and preservation of affordable and attainable housing in seasonal
1246communities for the benefit of year-round residents; provided, however, that the executive office
1247of housing and livable communities, in consultation with the seasonal communities advisory 56 of 187
1248council established in subsection (c), shall promulgate regulations pertaining to the membership,
1249powers and duties of the trust; and (v) expend funds designated for the creation and preservation
1250of year-round affordable and attainable housing for individuals who, by vocation, produce or
1251support artistic and literary activities.
1252 (e) For the purposes of this section, “tiny house” shall mean a detached structure
1253containing a dwelling unit containing 400 square feet or less in floor area, excluding lofts. A
1254seasonal community shall: (i) adopt by-laws or zoning ordinances to permit undersized lots to be
1255used for the creation of attainable year-round housing; provided, however, that the lot, at the time
1256of recording or endorsement, shall be located in a zoning district that allows for single-family
1257residential use; provided further, that any single-family residential structure constructed on said
1258lot shall adhere to the municipality’s floor area ratio by-laws and shall comply with all laws
1259governing wastewater and sewer systems; and provided further, that any residential housing built
1260upon undersized lots shall not be used as a seasonal home or short-term rental of less than 6
1261months and shall be used as year-round housing; and (ii) adopt by-laws to permit the
1262construction of tiny houses provided that such tiny houses are designated for use as year-round
1263housing units and meet all requirements of the state building code and local building code. A
1264movable tiny house shall be registered with the registry of motor vehicles, as applicable.
1265 (f) A seasonal community may increase the exemption established in section 5C of
1266chapter 59, at the option of the board of selectmen in a town or the mayor, with the approval of
1267the city council, in a city 50 per cent of the average assessed value of all Class One, residential
1268parcels within such city or town; provided, however, that the exemption shall be applied only to
1269the principal residence of the taxpayer as used by the taxpayer for income tax purposes. 57 of 187
1270 (g) A seasonal community designated pursuant to this section may apply to the executive
1271office of housing and livable communities for a waiver from any of the requirements of this
1272section. In deciding whether to grant the municipal's request for a waiver, the executive office
1273may consider whether the requirements of this section can reasonably be carried out by existing
1274town staff or a regional staff person performing equivalent duties.
1275 (h) The executive office shall promulgate regulations or guidance to carry out this
1276section.
1277 SECTION 9. Chapter 29 of the General Laws is hereby amended by inserting after
1278section 2DDDDDD the following 2 sections:-
1279 Section 2EEEEEE. (a) There shall be a Fair Housing Trust Fund which shall be credited
1280with revenue from appropriations or other money authorized by the general court and
1281specifically designated for the fund and any gifts, grants, private contributions and investment
1282income earned on the fund’s assets and any other sources.
1283 (b) The fund shall be administered by the office of fair housing established in section 31
1284of chapter 23B and funds shall be expended from the fund for the purpose of eliminating housing
1285discrimination and affirmatively furthering fair housing, overcoming patterns of segregation,
1286fostering inclusive communities free from barriers that restrict access to opportunity for
1287individuals or groups of individuals that are protected from unlawful practices pursuant to
1288chapter 151B and supporting enforcement of and compliance with all fair housing laws,
1289including, but not limited to, said chapter 151B and the Fair Housing Act, 42 U.S.C. 3601 et seq.
1290Activities eligible for assistance from the trust fund shall include, but not be limited to, private 58 of 187
1291enforcement initiatives, education and outreach initiatives, fair housing testing, lending
1292discrimination, affirmatively furthering fair housing and special projects.
1293 (c) Amounts credited to the fund shall be expended without further appropriation. Any
1294balance in the fund at the close of a fiscal year shall be available for expenditure in subsequent
1295fiscal years and shall not be transferred to any other fund or revert to the General Fund; provided,
1296however, that the comptroller shall report the amount remaining in the fund at the end of each
1297fiscal year to the house and senate committees on ways and means. Annually, not later than July
12981, the office of fair housing shall report on the activities of the fund as required in section 31 of
1299chapter 23B.
1300 (d) Grantees eligible for assistance shall include, but not be limited to, fair housing
1301assistance programs and fair housing initiative programs, as defined by the United States
1302Department of Housing and Urban Development, any private or nonprofit agency or any state-
1303funded public housing authority.
1304 Section 2FFFFFF. (a) There shall be a Crumbling Concrete Assistance Fund which shall
1305be administered by the secretary of housing and livable communities. The fund shall be
1306expended, without further appropriation, to: (i) provide financial assistance to owners of
1307residential real property for the repair or replacement of concrete foundations of such residential
1308real property that have deteriorated due to the presence of pyrite or pyrrhotite; (ii) minimize
1309negative fiscal impacts on municipalities in which such property is located; and (iii) reimburse
1310the owner of a residential real property that presents satisfactory evidence, as determined by the
1311secretary, that the owner has paid for and replaced their concrete foundation that deteriorated due
1312to the presence of pyrite or pyrrhotite prior to the establishment of the fund; provided, however, 59 of 187
1313that the reimbursement shall not exceed the funding the owner would have received had they
1314applied for financial assistance through the fund. The secretary shall seek to maximize available
1315federal reimbursements for money spent from the fund.
1316 The fund shall be credited with: (i) appropriations or other money authorized by the
1317general court and specifically designated to be credited to the fund; (ii) funds from public and
1318private sources including, but not limited to, gifts, grants, donations and settlements received by
1319the commonwealth that are specifically designated to be credited to the fund; (iii) federal funds
1320received under subsection (b); and (iv) interest earned on the assets of the fund. Any balance in
1321the fund at the close of a fiscal year shall remain in the fund and be available for expenditure in
1322subsequent fiscal years.
1323 (b) The secretary of housing and livable communities may apply for, receive and deposit
1324any federal funds, including, but not limited to, funds made available by the United States
1325Department of Housing and Urban Development Section 108 Loan Guarantee program, into the
1326fund.
1327 (c) Amounts issued from the fund to impacted homeowners for the repair or replacement
1328of concrete foundations that have deteriorated due to the presence of pyrrhotite shall be exempt
1329from taxation under chapter 62.
1330 (d) Annually, not later than June 1, the secretary of housing and livable communities
1331shall report on the activities of the fund from the previous calendar year to the clerks of the
1332senate and house of representatives, the senate and house committees on ways and means, the
1333joint committee on environment and natural resources and the joint committee on housing. 60 of 187
1334 (e) The secretary of housing and livable communities shall promulgate regulations or
1335issue guidance to set rules for the expenditure of the funds under this section.
1336 SECTION 10. Section 1A of chapter 40A of the General Laws, as appearing in the 2022
1337Official Edition, is hereby amended by striking out the definition “Accessory dwelling unit” and
1338inserting in place thereof the following definition:-
1339 “Accessory dwelling unit”, a self-contained housing unit, inclusive of sleeping, cooking
1340and sanitary facilities on the same lot as a principal dwelling, subject to otherwise applicable
1341dimensional and parking requirements, that: (i) maintains a separate entrance, either directly
1342from the outside or through an entry hall or corridor shared with the principal dwelling sufficient
1343to meet the requirements of the state building code for safe egress; (ii) is not larger in gross floor
1344area than 1/2 the gross floor area of the principal dwelling or 900 square feet, whichever is
1345smaller; and (iii) is subject to such additional restrictions as may be imposed by a municipality,
1346including, but not limited to, additional size restrictions and restrictions or prohibitions on short-
1347term rental, as defined in section 1 of chapter 64G; provided, however, that no municipality shall
1348unreasonably restrict the creation or rental of an accessory dwelling unit that is not a short-term
1349rental.
1350 SECTION 11. Section 3 of said chapter 40A, as so appearing, is hereby amended by
1351adding the following paragraph:-
1352 No zoning ordinance or by-law shall prohibit, unreasonably restrict or require a special
1353permit or other discretionary zoning approval for the use of land or structures for a single
1354accessory dwelling unit, or the rental thereof, in a single-family residential zoning district;
1355provided, however, that the use of land or structures for such accessory dwelling unit under this 61 of 187
1356paragraph may be subject to reasonable regulations and guidance, including, but not limited to,
1357310 CMR 15.000 et seq., if applicable, site plan review, regulations concerning dimensional
1358setbacks and the bulk and height of structures and may be subject to restrictions and prohibitions
1359on short-term rental, as defined in section 1 of chapter 64G. The use of land or structures for an
1360accessory dwelling unit under this paragraph shall not require owner occupancy of either the
1361accessory dwelling unit or the principal dwelling; provided, however, that not more than 1
1362additional parking space shall be required for an accessory dwelling unit; and provided further,
1363that no additional parking space shall be required for an accessory dwelling located not more
1364than 0.5 miles from a commuter rail station, subway station, ferry terminal or bus station. For
1365more than 1 accessory dwelling unit, or rental thereof, in a single-family residential zoning
1366district there shall be a special permit for the use of land or structures for an accessory dwelling
1367unit. The executive office of housing and livable communities may issue guidelines or
1368promulgate regulations to administer this paragraph.
1369 SECTION 12. Clause (iii) of section 3A of said chapter 40A, as appearing in section 152
1370of chapter 7 of the acts of 2023, is hereby amended by striking out the figure “27” and inserting
1371in place thereof the following words:- 27½.
1372 SECTION 13. The fifth paragraph of section 5 of said chapter 40A, as appearing in the
13732022 Official Edition, is hereby amended by adding the following clause:- (5) an inclusionary
1374zoning ordinance or by-law that requires not more than 13 per cent of units be affordable;
1375provided, however, that such zoning ordinance or by-law shall not unduly constrain the
1376production of housing in the area impacted by the inclusionary zoning ordinance or by-law;
1377provided further, that such ordinance or by-law shall require a density bonus; and provided 62 of 187
1378further, that the executive office of housing and livable communities may issue guidelines or
1379promulgate regulations consistent with this clause.
1380 SECTION 14. Section 6 of said chapter 40A, as so appearing, is hereby amended by
1381inserting after the fourth paragraph the following paragraph:–
1382 Adjacent lots under common ownership shall not be treated as a single lot for local
1383zoning purposes if, at the time of recording or endorsement, the lots: (i) conformed to then
1384existing requirements of area, frontage, width, yard or depth, where each such lot has not less
1385than 10,000 square feet of area and 75 feet of frontage; and (ii) are located in a zoning district
1386that allows for single-family residential use. Any single-family residential structure constructed
1387on said lot shall not exceed 1,850 square feet of heated living area, shall contain not less than 3
1388bedrooms and shall not be used as a seasonal home or short-term rental.
1389 SECTION 15. Section 9 of said chapter 40A, as so appearing, is hereby amended by
1390striking out the eleventh paragraph.
1391 SECTION 16. The first paragraph of section 17 of said chapter 40A, as so appearing, is
1392hereby amended by inserting after the fourth sentence the following sentence:- If the complaint is
1393filed by someone other than the original applicant, appellant or petitioner, then each plaintiff,
1394whether or not previously constituting parties in interest for notice purposes, shall also
1395sufficiently allege and must plausibly demonstrate that measurable injury, which is special and
1396different to such plaintiff, to a private legal interest will likely flow from the decision through
1397credible evidence. 63 of 187
1398 SECTION 17. Said section 17 of said chapter 40A, as so appearing, is hereby further
1399amended by striking out the third paragraph and inserting in place thereof the following
1400paragraph:-
1401 The court, in its discretion, may require a plaintiff in an action under this section
1402appealing a decision to approve a special permit, variance or site plan to post a surety or cash
1403bond in an amount of not more than $250,000 to secure the payment of and to indemnify and
1404reimburse damages and costs and expenses incurred in such an action if the court finds that the
1405harm to the defendant or to the public interest resulting from delays caused by the appeal
1406outweighs the financial burden of the surety or cash bond on the plaintiffs. The court shall
1407consider the relative merits of the appeal and the relative financial means of the plaintiff and the
1408defendant. Nothing in this section shall require bad faith or malice of a plaintiff for the court to
1409issue a bond under this section.
1410 SECTION 18. Said section 17 of said chapter 40A, as so appearing, is hereby further
1411amended by striking out the sixth paragraph and inserting in place thereof the following
1412paragraph:-
1413 Costs, including reasonable attorneys’ fees, in an amount to be fixed by the court may be
1414allowed against the party appealing from the decision of the board or special permit granting
1415authority if the court finds that the appellant or appellants acted in bad faith or with malice in
1416making the appeal to court.
1417 SECTION 19. Section 22 of chapter 40B of the General Laws is hereby amended by
1418inserting after the word “ applicant”, in line 20, as so appearing, the following words:- ;
1419provided, however, that the committee shall provide notice to the secretary of any such extension 64 of 187
1420or other failure to perform action by the deadlines set forth in this section and the reason for such
1421delay; provided further, that the secretary shall annually, not later than November 1, submit to
1422the governor and the joint committee on housing a summary of such delays including, but not
1423limited to: (i) any deadlines missed pursuant to this section for each applicable appeal; (ii) the
1424reason for any such delay; (iii) the total number of days, from the date of the committee’s receipt
1425of the applicant’s statement of the prior proceedings, in which the committee ultimately issued a
1426written decision or, if such appeal is in progress at the time the report is submitted, the projected
1427number of days beyond the deadlines listed herein as my be necessary for the committee to issue
1428a decision; and (iv) the board that issued the denial or conditions and requirements being
1429appealed by the applicant.
1430 SECTION 20. Chapter 40H of the General Laws is hereby amended by striking out
1431section 9, as so appearing, and inserting in place thereof the following section:-
1432 Section 9. CEDAC shall be subject to section 16G½ of chapter 6A.
1433 SECTION 21. Section 9 of chapter 40R of the General Laws, as so appearing, is hereby
1434amended by striking out subsections (a) and (b) and inserting in place thereof the following 2
1435subsections:-
1436 (a) The commonwealth shall pay from the trust fund or other funds from appropriations
1437or other money authorized by the general court a zoning incentive payment, according to the
1438following schedule:
1439 Projected Units of New Construction Payment
1440 Up to 20 $20,000 65 of 187
1441 21 to 100 $150,000
1442 101 to 200 $400,000
1443 201 to 500 $740,000
1444 501 or more $1,200,000
1445 Subject to any conditions imposed by the department as a condition of approving a smart
1446growth zoning district or starter home zoning district, the zoning incentive payment shall be
1447payable upon confirmation of approval of the district by the department. The projected number
1448of units shall be based upon the zoning adopted in the smart growth zoning district or starter
1449home zoning district.
1450 (b) The commonwealth shall pay from the trust fund or other funds from appropriations
1451or other money authorized by the general court a 1-time density bonus payment to each city or
1452town with an approved smart growth zoning district and a 1-time production bonus payment to
1453each city or town with an approved starter home zoning district. Such payment shall be $6,000
1454for each housing unit of new construction created in the smart growth zoning district and $6,000
1455for each housing unit of new construction created in the starter home zoning district. The amount
1456due shall be paid on a unit-by-unit basis in accordance with department regulations, upon
1457submission by a city or town of proof of issuance of a building permit for any such particular
1458housing unit within the district.
1459 SECTION 22. Section 1 of chapter 40S of the General Laws is hereby amended by
1460striking out the definitions of “New smart growth development” and “Smart growth zoning 66 of 187
1461district”, as amended by section 186 of chapter 7 of the acts of 2023, and inserting in place
1462thereof the following 2 definitions:-
1463 ''New smart growth development'', any new residential or commercial development,
1464including the substantial redevelopment of existing buildings subject to the payment of local
1465property taxes that: (i) occurs in a smart growth or starter home zoning district after the adoption
1466of such zoning by the community; and (ii) is permitted under the smart growth or starter home
1467zoning district; provided, however, that a redevelopment shall be considered substantial if its
1468cost exceeds 50 per cent of the building's pre-renovation assessed value or if it constitutes a
1469change in use from nonresidential to residential.
1470 ''Smart growth zoning district'', a zoning district adopted by a community and approved
1471by the executive office of housing and livable communities which is eligible, and which remains
1472eligible, for density bonus payments under chapter 40R including, but not limited to, smart
1473growth zoning districts as defined in section 1 of said chapter 40R and starter home zoning
1474districts as defined in section 1 of chapter 40Y.
1475 SECTION 23. Section 81A of chapter 41 of the General Laws, as appearing in the 2022
1476Official Edition, is hereby amended by inserting after the first paragraph the following
1477paragraph:-
1478 Zoning ordinances or by-laws may provide for associate members of a planning board.
1479One associate member may be authorized when the planning board consists of not more than 5
1480members and 2 associate members may be authorized when the planning board consists of more
1481than 5 members. A city or town that establishes the position of associate member shall determine
1482the procedure for filling such position. If provision for filling the position of associate member 67 of 187
1483has been made, in the case of absence, inability to act or conflict of interest on the part of any
1484member of the planning board or in the case of a vacancy on the board, the chair of the planning
1485board may designate an associate member to sit on the board for the purposes of acting on any
1486matter under its jurisdiction including, but not limited to, matters under this chapter or chapter
148740A or under its home rule powers.
1488 SECTION 24. Chapter 62 of the General Laws is hereby amended by inserting after
1489section 5D the following 2 sections:-
1490 Section 5E. (a) For the purposes of this section, the following words shall have the
1491following meanings unless the context clearly requires otherwise:
1492 “Account holder”, an individual who establishes, individually or jointly with any other
1493individual, a rental savings account.
1494 “Allowable costs”, fees paid for renting a unit as a permanent residence which shall be
1495limited to, the amount of: (i) first and last month's rent; (ii) a security deposit equal to 1 month's
1496rent; and (iii) the purchase and installation costs of a lock and key.
1497 “Eligible costs”, fees paid for renting a unit as a permanent residence which shall be
1498limited to the amount of: (i) first and last month's rent; (ii) a security deposit equal to 1 month's
1499rent; and (iii) the purchase and installation costs of a lock and key.
1500 “Financial institution”, any bank, trust company, savings institution, industrial loan
1501association, consumer finance company, credit union, benefit association, insurance company,
1502safe deposit company, money market mutual fund or similar entity authorized to do business in
1503the commonwealth. 68 of 187
1504 “Qualified beneficiary”, an individual seeking to rent a unit as a permanent residence.
1505 (b) An individual may open an account with a financial institution and designate the
1506account as a rental savings account to pay or reimburse a qualified beneficiary’s eligible costs.
1507 (c) An account holder shall designate, not later than April 15 of the year following the tax
1508year during which the account is established, a resident as the qualified beneficiary of the rental
1509savings account. The account holder may designate themselves as the qualified beneficiary and
1510may change the designated qualified beneficiary at any time; provided, however, that there shall
1511not be more than 1 qualified beneficiary at any 1 time.
1512 (d) An account holder may jointly own a rental savings account with another individual if
1513the joint account holders file a joint income tax return; provided, however, that this requirement
1514shall not apply if any of the joint account holders would not otherwise be required to make a
1515return because such account holder’s Massachusetts gross income did not exceed $8,000.
1516 (e) An individual may be the account holder of more than 1 rental savings account;
1517provided, however, that the account holder shall not have multiple accounts that designate the
1518same qualified beneficiary.
1519 (f) An individual may be designated as the qualified beneficiary on more than 1 rental
1520savings account.
1521 (g) Only cash and marketable securities shall comprise a rental savings account. Subject
1522to the limitations of this section, persons other than the account holder may contribute funds to a
1523rental savings account. There shall be no limitation on the amount of contributions that may be
1524made to or retained in a rental savings account. 69 of 187
1525 (h) The funds held in a rental savings account shall not be used to pay expenses of
1526administering the account; provided, however, that a service fee may be deducted from the
1527account by the financial institution.
1528 (i) The account holder shall submit to the department of revenue: (i) detailed information
1529regarding the rental savings account, including a list of transactions for the account during the
1530tax year and the Form 1099 under the Internal Revenue Service requirements issued by the
1531financial institution for such account with the account holder’s Massachusetts income tax return
1532on forms prepared by the department of revenue; and (ii) a detailed account of the eligible costs
1533toward which the account funds were applied, if there was a withdrawal from the account, and a
1534statement of the amount of funds remaining in the account, if any.
1535 (j) A financial institution shall not be required to: (i) designate an account as a rental
1536savings account or designate the qualified beneficiaries of an account in the financial
1537institution’s account contracts or systems; (ii) track the use of funds withdrawn from a rental
1538savings account; (iii) allocate funds in a rental savings account among joint account holders or
1539multiple qualified beneficiaries; or (iv) report any information to the department of revenue or
1540other government agency that is not otherwise required by law.
1541 (k) A financial institution shall not be liable for: (i) determining or ensuring that an
1542account satisfies the requirements to be a rental savings account; (ii) determining or ensuring that
1543funds in a rental savings account are used for eligible costs; or (iii) reporting or remitting taxes or
1544penalties related to the use of a rental savings account.
1545 (l) Except as otherwise provided in this section and subject to the limitations in this
1546subsection, there shall be deducted from the taxable income of an account holder, for 70 of 187
1547Massachusetts income tax purposes, the amount: (i) contributed to a rental savings account
1548during each tax year, not to exceed $15,000 for an account holder who files an individual tax
1549return or $30,000 for joint account holders; and (ii) of earnings, including interest and other
1550income on the principal, from the rental savings account during the tax year.
1551 (m) An account holder may claim the deduction and exclusion under subsection (l): (i)
1552for a period not to exceed 15 years; (ii) for an aggregate total amount of principal and earnings
1553not to exceed $50,000 during said 15-year period; and (iii) only if the principal and earnings of
1554the account remain in the account until a withdrawal is made for eligible costs related to the
1555securing a rental intended as a permanent residence.
1556 (n) Any funds in a rental savings account not expended on eligible costs by December 31
1557of the last year of the 15-year period shall thereafter be included in the account holder’s taxable
1558income.
1559 (o) A person other than the account holder who deposits funds in a rental savings account
1560shall not be entitled to the deduction and exclusion provided for under this section.
1561 (p) The deduction and exclusion from taxable income under subsection (l) shall apply to
1562any alternative bases for calculating taxable income for Massachusetts income tax purposes.
1563 (q) Except as otherwise authorized in this section, if the account holder withdraws any
1564funds from a rental savings account for a purpose other than eligible costs for securing a rental
1565property to be used as a permanent residence: (i) such funds shall be included in the account
1566holder’s taxable income; and (ii) the account holder shall pay a penalty to the department of
1567revenue equal to the tax that would have been collected had the withdrawn funds been subject to
1568income tax. Such penalty shall not apply to funds withdrawn from an account that were: (i) 71 of 187
1569withdrawn by reason of the account holder’s death or disability; (ii) a disbursement of assets of
1570the account pursuant to a filing for protection under the United States Bankruptcy Code, 11
1571U.S.C. § 101, et seq.; or (iii) a transfer of the funds from a rental savings account to a new rental
1572savings account held by the same or a different financial institution.
1573 (r) The department of revenue shall prepare forms for: (i) the designation of an account
1574with a financial institution to serve as a first-time home buyer savings account; (ii) the
1575designation of a qualified beneficiary of a rental savings account; and (iii) an account holder to
1576annually submit to the department of revenue detailed information regarding the rental savings
1577account including, but not limited to, a list of transactions for the account during the tax year and
1578identifying any supporting documentation that is required to be maintained by the account
1579holder.
1580 Section 5F. (a) For the purposes of this section, the following words shall have the
1581following meanings unless the context clearly requires otherwise:
1582 “Account holder”, an individual who establishes, individually or jointly with any other
1583individual, a first-time homebuyer savings account.
1584 “Allowable closing costs”, a disbursement listed on a settlement statement for the
1585purchase of a single-family residence by a qualified beneficiary.
1586 “Eligible costs”, the down payment and allowable closing costs for the purchase of a
1587single-family residence by a qualified beneficiary.
1588 “Financial institution”, any bank, trust company, savings institution, industrial loan
1589association, consumer finance company, credit union, benefit association, insurance company, 72 of 187
1590safe deposit company, money market mutual fund or similar entity authorized to do business in
1591the commonwealth.
1592 “First-time homebuyer”, an individual who resides in the commonwealth and has not
1593owned or purchased, either individually or jointly, a single-family residence.
1594 “First-time home buyer savings account”, an account with a financial institution that an
1595account holder designates as a first-time home buyer savings account on the account holder’s
1596Massachusetts income tax return for pursuant to this section for the purpose of paying or
1597reimbursing eligible costs for the purchase of a single-family residence in the commonwealth by
1598a qualified beneficiary.
1599 “Qualified beneficiary”, a first-time home buyer who is designated as the qualified
1600beneficiary of an account designated by the account holder as a first-time home buyer savings
1601account.
1602 “Settlement statement”, the statement of receipts and disbursements for a transaction
1603related to real estate, including a statement prescribed under the Real Estate Settlement
1604Procedures Act of 1974, 12 U.S.C. 2601, et seq., as amended, and regulations thereunder.
1605 “Single-family residence”, a single-family residence owned and occupied by a qualified
1606beneficiary as the qualified beneficiary’s principal residence, which may include a manufactured
1607home, trailer, mobile home, condominium unit or cooperative.
1608 (b) An individual may open an account with a financial institution and designate the
1609account as a first-time home buyer savings account to pay or reimburse a qualified beneficiary’s
1610eligible costs for the purchase of a single-family residence in the commonwealth. 73 of 187
1611 (c) An account holder shall designate, not later than April 15 of the year following the tax
1612year during which the account is established, a first-time home buyer as the qualified beneficiary
1613of the first-time home buyer savings account. The account holder may designate themselves as
1614the qualified beneficiary and may change the designated qualified beneficiary at any time;
1615provided, however, that there shall not be more than 1 qualified beneficiary at any 1 time.
1616 (d) An account holder may jointly own a first-time home buyer savings account with
1617another individual if the joint account holders file a joint income tax return; provided, however,
1618that this requirement shall not apply if ay of the joint account holders would not otherwise be
1619required to make a return because such account holder’s Massachusetts gross income did not
1620exceed $8,000.
1621 (e) An individual may be the account holder of more than 1 first-time home buyer
1622savings account; provided, however, that the account holder shall not have multiple accounts that
1623designate the same qualified beneficiary.
1624 (f) An individual may be designated as the qualified beneficiary on more than 1 first-time
1625home buyer savings account.
1626 (g) Only cash and marketable securities shall comprise a first-time home buyer savings
1627account. Subject to the limitations of this section, persons other than the account holder may
1628contribute funds to a first-time home buyer savings account. There shall be no limitation on the
1629amount of contributions that may be made to or retained in a first-time home buyer savings
1630account. 74 of 187
1631 (h) The funds held in a first-time home buyer savings account shall not be used to pay
1632expenses of administering the account; provided, however, that a service fee may be deducted
1633from the account by the financial institution.
1634 (i) The account holder shall submit to the department of revenue: (i) detailed information
1635regarding the first-time home buyer savings account, including a list of transactions for the
1636account during the tax year and the Form 1099 under the Internal Revenue Service requirements
1637issued by the financial institution for such account with the account holder’s Massachusetts
1638income tax return on forms prepared by the department of revenue; and (ii) a detailed account of
1639the eligible costs toward which the account funds were applied, if there was a withdrawal from
1640the account, and a statement of the amount of funds remaining in the account, if any.
1641 (j) A financial institution shall not be required to: (i) designate an account as a first-time
1642home buyer savings account or designate the qualified beneficiaries of an account in the financial
1643institution’s account contracts or systems; (ii) track the use of funds withdrawn from a first-time
1644home buyer savings account; (iii) allocate funds in a first-time home buyer savings account
1645among joint account holders or multiple qualified beneficiaries; or (iv) report any information to
1646the department of revenue or other government agency that is not otherwise required by law.
1647 (k) A financial institution shall not be liable for: (i) determining or ensuring that an
1648account satisfies the requirements to be a first-time home buyer savings account; (ii) determining
1649or ensuring that funds in a first-time home buyer savings account are used for eligible costs; or
1650(iii) reporting or remitting taxes or penalties related to the use of a first-time home buyer savings
1651account. 75 of 187
1652 (l) Except as otherwise provided in this section and subject to the limitations in this
1653subsection, there shall be deducted from the taxable income of an account holder, for
1654Massachusetts income tax purposes the amount: (i) contributed to a first-time home buyer
1655savings account during each tax year, not to exceed $25,000 for an account holder who files an
1656individual tax return or $50,000 for joint account holders; and (ii) of earnings, including interest
1657and other income on the principal, from the first-time home buyer savings account during the tax
1658year.
1659 (m) An account holder may claim the deduction and exclusion under subsection (l): (i)
1660for a period not to exceed 15 years; (ii) for an aggregate total amount of principal and earnings,
1661not to exceed $250,000 during said 15-year period; and (iii) only if the principal and earnings of
1662the account remain in the account until a withdrawal is made for eligible costs related to the
1663purchase of a single-family residence by a qualified beneficiary, except as otherwise provided in
1664this section.
1665 (n) Any funds in a first-time home buyer savings account not expended on eligible costs
1666by December 31 of the last year of the 15-year period shall thereafter be included in the account
1667holder’s taxable income.
1668 (o) A person other than the account holder who deposits funds in a first-time home buyer
1669savings account shall not be entitled to the deduction and exclusion provided for under this
1670section.
1671 (p) The deduction and exclusion from taxable income under subsection (l) shall apply to
1672any alternative bases for calculating taxable income for Massachusetts income tax purposes. 76 of 187
1673 (q) Except as otherwise authorized in this section, if the account holder withdraws any
1674funds from a first-time home buyer savings account for a purpose other than eligible costs for the
1675purchase of a single-family residence: (i) such funds shall be included in the account holder’s
1676taxable income; and (ii) the account holder shall pay a penalty to the department of revenue
1677equal to the tax that would have been collected had the withdrawn funds been subject to income
1678tax. Such penalty shall not apply to funds withdrawn from an account that were: (i) withdrawn
1679by reason of the account holder’s death or disability; (ii) a disbursement of assets of the account
1680pursuant to a filing for protection under the United States Bankruptcy Code, 11 U.S.C. § 101, et
1681seq.; or (iii) a transfer of the funds from a first-time home buyer savings account to a new first-
1682time home buyer savings account held by the same or a different financial institution.
1683 (r) The department of revenue shall prepare forms for: (i) the designation of an account
1684with a financial institution to serve as a first-time home buyer savings account; (ii) the
1685designation of a qualified beneficiary of a first-time home buyer savings account; and (iii) an
1686account holder to annually submit to the department of revenue detailed information regarding
1687the first-time home buyer savings account including, but not limited to, a list of transactions for
1688the account during the tax year, and identifying any supporting documentation that is required to
1689be maintained by the account holder.
1690 SECTION 25. Section 6M of said chapter 62, as appearing in the 2022 Official Edition, is
1691hereby amended by striking out, in lines 226 and 227, the words “$12,000,000 in each of taxable
1692years 2023 to 2025, inclusive” and inserting in place thereof the following words:- $15,000,000
1693in taxable years beginning on or after January 1, 2025. 77 of 187
1694 SECTION 26. Said chapter 62 is hereby further amended by inserting after section 6M
1695the following section:-
1696 Section 6O. (a) For the purposes of this section, the following words shall have the
1697following meanings unless the context clearly requires otherwise:
1698 “Affordability period”, the 10-year period that commences on the date of the initial sale
1699of a single-family dwelling constructed as part of a qualified homeownership development
1700project.
1701 “Affordability restriction”, a restriction in a form and substance approved by the director
1702and the secretary, imposing resale restrictions on a single-family dwelling constructed as part of
1703a qualified homeownership development project during the affordability period.
1704 “Commissioner”, the commissioner of revenue.
1705 “Credit amount”, the amount computed by the director pursuant to subsection (d) before
1706issuing an eligibility certificate.
1707 “Credit award amount”, the amount determined by the director and stipulated in the
1708notice sent pursuant to paragraph (2) of subsection (c).
1709 “Director”, the executive director of the Massachusetts Housing Finance Agency
1710established in chapter 708 of the acts of 1966.
1711 “Eligibility certificate”, a certificate issued to a sponsor pursuant to subsection (d). 78 of 187
1712 “Eligible location”, a geographic area in which a qualified homeownership development
1713project may be located, based on criteria established in the qualified homeownership allocation
1714plan.
1715 “Maximum credit amount”, an amount equal to 35 per cent of the lesser of: (i) the total
1716qualified project expenditures calculated on a per single-family-dwelling basis; or (ii) 80 per cent
1717of the area median new single-family dwelling sales price, subject to such further limitations as
1718may be established under the qualified homeownership credit allocation plan.
1719 “Project development team”, the group of entities that develops, constructs, reports,
1720appraises, finances and services the associated properties of a qualified homeownership
1721development project in partnership with the project development owner.
1722 “Qualified buyer”, an individual that is a first-time homebuyer with an annual income not
1723exceeding 120 per cent of the area median income as determined by the United States
1724Department of Housing and Urban Development for the location in which the single-family
1725dwelling being purchased is located and who satisfies any additional qualifications established
1726by the director under the qualified homeownership credit allocation plan.
1727 “Qualified homeownership credit allocation plan”, a plan adopted by the director, with
1728the approval of the secretary, establishing: (i) criteria and metrics under which homeownership
1729development projects shall be assessed for qualification and the geographic areas in which
1730qualified homeownership development projects may be located; (ii) criteria for approving and
1731ranking applications for credits; (iii) a methodology to determine applicable median new single-
1732family dwelling sales prices for the area in which the project is located; (iv) mechanisms to
1733maintain affordability of each single-family dwelling that is created as part of a qualified 79 of 187
1734homeownership development project and restricted for sale to qualified buyers throughout the
1735affordability period; (v) criteria to be used in determining qualification as a qualified buyer; (vi)
1736criteria governing the purchase, ownership and sale of completed qualified homeownership
1737development project single-family dwellings; and (vii) the manner of determining qualified
1738project expenditures.
1739 “Qualified homeownership development project”, a project to develop for sale single-
1740family dwellings the commonwealththat satisfies any qualifications established by the director,
1741with the approval of the secretary, in the qualified homeownership credit allocation plan;
1742provided, however, that the proposed project shall: (i) involve the new construction of not less
1743than 10 single-family dwellings unless otherwise approved by the secretary; (ii) be located in an
1744eligible location; and (iii) result in not less than 20 per cent of the single-family dwellings being
1745sold to qualified buyers, subject to an affordability restriction in accordance with the qualified
1746homeownership credit allocation plan.
1747 “Qualified project expenditure”, an expenditure directly related to the construction of a
1748qualified homeownership development project including, but not limited to, the cost of acquiring
1749land, site assessment and remediation of hazardous materials and as further provided in the
1750qualified homeownership credit allocation plan; provided, however, that: (i) the director shall
1751have certified that the proposed project meets the definition of a qualified homeownership
1752development project; (ii) prior to construction, the director certified that all or a portion of the
1753project costs are for new construction; and (iii) after the construction of the project has been
1754completed, the director shall have certified that the project has been completed in compliance
1755with this section and the requirements and conditions of any prior certifications. 80 of 187
1756 “Secretary”, the secretary of housing and livable communities.
1757 “Single-family dwelling”, (i) a residential property containing not more than 4 residential
1758units; provided, however, that all units shall comprise a single property to be sold to and owned
1759by a single homeowner; or (ii) a condominium unit in a professionally managed condominium
1760development.
1761 “Sponsor”, a sponsor as defined in section 25 of chapter 23B of a qualified
1762homeownership development project or owner of a qualified homeownership development
1763project.
1764 “Taxpayer”, a taxpayer subject to the income tax under this chapter.
1765 (b)(1) There shall be a homeownership tax credit. The director, in consultation with the
1766secretary, may authorize annually under this section and section 38OO of chapter 63 a total sum
1767not exceeding: (i) $10,000,000; (ii) the amount, if any, not authorized in the preceding taxable
1768year; and (iii) any homeownership tax credits returned to the director by a sponsor.
1769 (2) A taxpayer may be allowed a nonrefundable tax credit with respect to a qualified
1770homeownership development project under this section equal to the credit amount listed on the
1771eligibility certificate pursuant to subsection (d). If the credit allowable for any taxable year is
1772unused by the taxpayer or exceeds the taxpayer’s tax liability under this chapter for the taxable
1773year, the taxpayer may carry forward and apply in any subsequent taxable year, the portion, as
1774reduced from year to year, of the credit that exceeds the tax for the taxable year; provided,
1775however, that in no event shall the taxpayer apply the credit to the tax due for any taxable year
1776beginning after the affordability period. 81 of 187
1777 (3) To be eligible to receive a credit pursuant to this section, a sponsor shall submit an
1778application to the director on a form and in a manner prescribed by the director, in consultation
1779with the secretary; provided, however, that the application shall include, but not be limited to: (i)
1780the name and address of the sponsor; (ii) the names and addresses of all members of the project
1781development team; (iii) an estimate of the total qualified project expenditures; and (iv) any other
1782information as the director, in consultation with the secretary, may require pursuant to the
1783qualified homeownership credit allocation plan.
1784 (c)(1) The director, in consultation with the secretary, shall competitively evaluate and
1785approve applications and award tax credits under this section for a qualified homeownership
1786development project in accordance with the qualified homeownership credit allocation plan. The
1787director, in consultation with the secretary, shall determine the credit amount awarded for each
1788qualified homeownership development project, which shall not exceed the maximum credit
1789amount.
1790 (2) The director shall send written notice of the tax credit award to the sponsor of a
1791qualified homeownership development project. The notice shall stipulate that receipt of the tax
1792credit is contingent upon the sale of all single-family dwellings that are required to be sold to
1793qualified buyers and issuance of an eligibility certificate.
1794 (d)(1) Upon completion of a qualified homeownership development project for which a
1795tax credit was awarded under this section and the sale of all single-family dwellings that are
1796required to be sold to qualified buyers, the sponsor shall provide the director a final qualified
1797project expenditures certification for approval. Immediately after approving the final cost
1798certification, the director shall compute the credit amount and issue an eligibility certificate to 82 of 187
1799the project development owner. The credit amount, which shall be stated on the certificate, shall
1800equal the credit award amount stated in the notice issued under paragraph (2) of subsection (c),
1801subject to any reduction or increase as the result of the approval of the final qualified project
1802expenditures certification; provided, however, that such amount shall not exceed the maximum
1803credit amount.
1804 (2) Each eligibility certificate shall state the credit amount, the years that comprise the
1805affordability period, the name, address and taxpayer identification number of the sponsor and all
1806members of the project development team, the date the certificate is issued, a unique identifying
1807number and any additional information the director, in consultation with the secretary and the
1808commissioner, may require. The director shall certify a copy of each eligibility certificate to the
1809secretary and the commissioner.
1810 (e)(1) The sponsor shall maintain ownership of a qualified homeownership development
1811project and all single-family dwellings that are required to be sold to qualified buyers until such
1812dwellings are sold to qualified buyers.
1813 (2) The qualified buyer of a single-family dwelling constructed as part of a qualified
1814homeownership development project for which a tax credit was issued under this section shall
1815occupy such single-family dwelling as the qualified buyer’s primary residence during the
1816affordability period; provided, however, that a qualified buyer of a single-family dwelling that
1817includes more than 1 residential unit need only occupy a single residential unit within the single-
1818family dwelling as the qualified buyer’s primary residence during the affordability period and
1819may lease any additional units to third-party lessees. 83 of 187
1820 (3) If a single-family dwelling constructed as part of a qualified homeownership
1821development project is sold during the affordability period, the seller shall transfer to the director
1822an amount equal to 90 per cent of the gain from such resale, reduced by 10 per cent for each year
1823of the affordability period which ended before the date of such sale, subject to such additional
1824criteria as may be established under the qualified homeownership credit allocation plan. The
1825director shall use any amount received pursuant to a repayment under this paragraph to provide
1826financial assistance to first-time homebuyers and to offset the costs of administering this section.
1827The director may place a lien on each single-family dwelling constructed as part of a qualified
1828homeownership development project for such amount as the director deems necessary to ensure
1829repayment pursuant to this paragraph.
1830 (4) During the affordability period, a qualified buyer of a single-family dwelling that
1831includes more than 1 residential unit shall not separate the ownership of individual residential
1832units within the single-family dwelling.
1833 (f)(1) All or a portion of a tax credit issued in accordance with this section may be
1834transferred, sold or assigned to any individual or entity and the transferee may claim the credit
1835pursuant to paragraph (2) of subsection (b) with the same effect as if the transferee had
1836personally incurred the qualified project expenditures.
1837 (2) A sponsor or transferee desiring to make a transfer, sale or assignment as described in
1838paragraph (1) shall submit to the commissioner a statement that describes the amount of the tax
1839credit for which such transfer, sale or assignment of the tax credit is eligible. The sponsor shall
1840provide to the commissioner appropriate information for proper allocation of the tax credit. 84 of 187
1841 (3) If the recapture of a tax credit is required pursuant to subsection (g), any statement
1842submitted to the commissioner pursuant to paragraph (2) shall include the proportion of the tax
1843credit required to be recaptured, the identity of each transferee subject to recapture and the
1844amount of the tax credit previously transferred to such transferee.
1845 (g) The director, in consultation with the secretary, shall determine whether a sponsor or
1846qualified homeownership development project: (i) does not qualify for the credit; (ii) ceases to
1847qualify for the credit; or (iii) did not qualify for the credit at the time the credit was claimed. If
1848such a determination is made, notwithstanding the time limitations on assessments pursuant to
1849chapter 62C, the commissioner shall determine any taxpayers that claimed the credit, the tax
1850against which the credit was claimed and the amount to be recaptured and shall make an
1851assessment against any such taxpayer for the amount to be recaptured under this section.
1852 (h) The director may assess application, processing and reporting fees to cover the cost of
1853administering this section.
1854 (i) The credit under this section shall be attributed on a pro rata basis to the owners,
1855partners or members of the legal entity entitled to the credit and shall be allowed as a credit
1856against the tax due under this chapter from such owners, partners or members in a manner
1857determined by the commissioner.
1858 (j) The secretary, in consultation with the commissioner and director, shall adopt any
1859rules and promulgate any regulations necessary to administer this section.
1860 SECTION 27. Subsection (b) of section 6O of said chapter 62, inserted by section 26, is
1861hereby amended by striking out paragraph (1) and inserting in place thereof the following
1862paragraph:- 85 of 187
1863 (1) There shall be a homeownership tax credit. The director, in consultation with the
1864secretary, may authorize annually under this section and section 38OO of chapter 63 a total sum
1865not exceeding: (i) the amount, if any, not authorized in the preceding taxable year; and (ii) any
1866homeownership tax credits returned to the director by a sponsor.
1867 SECTION 28. Section 38EE of said chapter 63, as appearing in the 2022 Official Edition,
1868is hereby amended by striking out, in lines 213 and 214, the words “$12,000,000 in each of
1869taxable years 2023 to 2025, inclusive” and inserting in place thereof the following words:-
1870$15,000,000 in taxable years beginning on or after January 1, 2025.
1871 SECTION 29. Said chapter 63 is hereby further amended by inserting after section 38NN
1872the following section:-
1873 Section 38OO. (a) For the purposes of this section, the following words shall have the
1874following meanings unless the context clearly requires otherwise:
1875 “Affordability period”, the 10-year period that commences on the date of the initial sale
1876of a single-family dwelling constructed as part of a qualified homeownership development
1877project.
1878 “Affordability restriction”, a restriction in form and substance approved by the director
1879and the secretary, imposing resale restrictions on a single-family dwelling constructed as part of
1880a qualified homeownership development project during the affordability period.
1881 “Commissioner”, the commissioner of revenue.
1882 “Credit amount”, the amount computed by the director pursuant to subsection (d) before
1883issuing an eligibility certificate. 86 of 187
1884 “Credit award amount”, the amount determined by the director and stipulated in the
1885notice sent pursuant to paragraph (2) of subsection (c).
1886 “Director”, the executive director of the Massachusetts Housing Finance Agency
1887established pursuant to chapter 708 of the acts of 1966.
1888 “Eligibility certificate”, a certificate issued to a sponsor pursuant to subsection (d).
1889 “Eligible location”, a geographic area in which a qualified homeownership development
1890project may be located, based on criteria established in the qualified homeownership allocation
1891plan.
1892 “Maximum credit amount”, an amount equal to 35 per cent of the lesser of: (i) the total
1893qualified project expenditures calculated on a per single-family dwelling basis; or (ii) 80 per cent
1894of the area median new single-family dwelling sales price, subject to such further limitations as
1895may be established under the qualified homeownership credit allocation plan.
1896 “Project development team”, the group of entities that develops, constructs, reports,
1897appraises, finances and services the associated properties of a qualified homeownership
1898development project in partnership with the project development owner.
1899 “Qualified buyer”, an individual that is a first-time homebuyer with an annual income not
1900exceeding 120 per cent of the area median income, as determined by the United States
1901Department of Housing and Urban Development, for the location in which the single-family
1902dwelling being purchased is located and who satisfies any additional qualifications established
1903by the director under the qualified homeownership credit allocation plan. 87 of 187
1904 “Qualified homeownership credit allocation plan”, a plan adopted by the director with the
1905approval of the secretary, establishing: (i) criteria and metrics under which homeownership
1906development projects shall be assessed for qualification and the geographic areas in which
1907qualified homeownership development projects may be located; (ii) criteria for approving and
1908ranking applications for credits; (iii) a methodology to determine applicable median new single-
1909family dwelling sales prices for the area in which the project is located; (iv) mechanisms to
1910maintain affordability of each single-family dwelling that is created as part of a qualified
1911homeownership development project and restricted for sale to qualified buyers, throughout the
1912affordability period; (v) criteria to be used in determining qualification as a qualified buyer; (vi)
1913criteria governing the purchase, ownership and sale of completed qualified homeownership
1914development project single-family dwellings; and (vii) the manner of determining qualified
1915project expenditures.
1916 “Qualified homeownership development project”, a project to develop for sale single-
1917family dwellings that satisfies any qualifications established by the director, with the approval of
1918the secretary, in the qualified homeownership credit allocation plan; provided, however, that the
1919proposed project shall: (i) involve the new construction of not less than 10 single-family
1920dwellings; (ii) be located in an eligible location; and (iii) result in not less than 20 per cent of the
1921single-family dwellings being sold to qualified buyers, subject to an affordability restriction in
1922accordance with the qualified homeownership credit allocation plan.
1923 “Qualified project expenditure”, an expenditure directly related to the construction of a
1924qualified homeownership development project including, but not limited to, the cost of acquiring
1925land, site assessment and remediation of hazardous materials and as further provided in the
1926qualified homeownership credit allocation plan; provided, however, that: (i) the director shall 88 of 187
1927have certified that the proposed project meets the definition of a qualified homeownership
1928development project; (ii) prior to construction, the director certified that all or a portion of the
1929project costs are for new construction; and (iii) after the construction of the project has been
1930completed, the director shall have certified that the project has been completed in compliance
1931with this section and the requirements and conditions of any prior certifications.
1932 “Secretary”, the secretary of housing and livable communities.
1933 “Single-family dwelling”, (i) a residential property containing not more than 4 residential
1934units; provided, that all units shall comprise a single property, to be sold to and owned by a
1935single homeowner; or (ii) a condominium unit in a professionally managed condominium
1936development.
1937 “Sponsor”, a sponsor, as defined in section 25 of chapter 23B, of a qualified
1938homeownership development project or owner of a qualified homeownership development
1939project.
1940 “Taxpayer”, a taxpayer subject to the income tax under this chapter.
1941 (b)(1) There shall be a homeownership tax credit. The director, in consultation with the
1942secretary, may authorize annually under this section and section 6O of chapter 62 a total sum not
1943exceeding: (i) $10,000,000; (ii) the amount, if any, not authorized in the preceding taxable year;
1944and (iii) any homeownership tax credits returned to the director by a sponsor.
1945 (2) A taxpayer may be allowed a nonrefundable tax credit with respect to a qualified
1946homeownership development project under this section equal to the credit amount listed on the
1947eligibility certificate pursuant to subsection (d). If the credit allowable for any taxable year is 89 of 187
1948unused by the taxpayer or exceeds the taxpayer’s tax liability under this chapter for the taxable
1949year, the taxpayer may carry forward and apply in any subsequent taxable year, the portion, as
1950reduced from year to year, of the credit which exceeds the tax for the taxable year; provided,
1951however, that in no event shall the taxpayer apply the credit to the tax due for any taxable year
1952beginning after the affordability period.
1953 (3) To be eligible to receive a credit pursuant to this section, a sponsor shall submit an
1954application to the director on a form and in a manner prescribed by the director, in consultation
1955with the secretary; provided, that the application shall include, but not be limited to: (i) the name
1956and address of the sponsor; (ii) the names and addresses of all members of the project
1957development team; (iii) an estimate of the total qualified project expenditures; and (iv) any other
1958information as the director, in consultation with the secretary, may require pursuant to the
1959qualified homeownership credit allocation plan.
1960 (c)(1) The director, in consultation with the secretary, shall competitively evaluate and
1961approve applications and award tax credits under this section for a qualified homeownership
1962development project in accordance with the qualified homeownership credit allocation plan. The
1963director, in consultation with the secretary, shall determine the credit amount awarded for each
1964qualified homeownership development project, which shall not exceed the maximum credit
1965amount.
1966 (2) The director shall send written notice of the tax credit award to the sponsor of a
1967qualified homeownership development project. The notice shall stipulate that receipt of the tax
1968credit is contingent upon the sale of all single-family dwellings that are required to be sold to
1969qualified buyers and issuance of an eligibility certificate. 90 of 187
1970 (d)(1) Upon completion of a qualified homeownership development project for which a
1971tax credit was awarded under this section and the sale of all single-family dwellings that are
1972required to be sold to qualified buyers, the sponsor shall provide the director a final qualified
1973project expenditures certification for approval. Immediately after approving the final cost
1974certification, the director shall compute the credit amount and issue an eligibility certificate to
1975the project development owner. The credit amount, which shall be stated on the certificate, shall
1976equal the credit award amount stated in the notice issued under paragraph (2) of subsection (c),
1977subject to any reduction or increase as the result of the approval of the final qualified project
1978expenditures certification; provided, that such amount shall not exceed the maximum credit
1979amount.
1980 (2) Each eligibility certificate shall state the credit amount, the years that comprise the
1981affordability period, the name, address and taxpayer identification number of the sponsor and all
1982members of the project development team, the date the certificate is issued, a unique identifying
1983number and any additional information the director, in consultation with the secretary and the
1984commissioner, may require. The director shall certify a copy of each eligibility certificate to the
1985secretary and the commissioner.
1986 (e)(1) The sponsor shall maintain ownership of a qualified homeownership development
1987project and associated single-family dwellings that are required to be sold to qualified buyers
1988until such dwellings are sold to qualified buyers.
1989 (2) The qualified buyer of a single-family dwelling constructed as part of a qualified
1990homeownership development project for which a tax credit was issued under this section shall
1991occupy such single-family dwelling as the qualified buyer's primary residence during the 91 of 187
1992affordability period. If a single-family dwelling constructed as part of a qualified homeownership
1993development project is sold during the affordability period, the seller shall transfer to the director
1994an amount equal to 90 per cent of the gain from such resale, reduced by 10 per cent for each year
1995of the affordability period that ended before the date of such sale, subject to such additional
1996criteria as may be established under the qualified homeownership credit allocation plan. The
1997director shall use any amount received pursuant to a repayment under this paragraph for the
1998purposes of providing financial assistance to first-time homebuyers and offsetting the costs of
1999administering this section; provided, however, that a qualified buyer of a single-family dwelling
2000that includes more than 1 residential unit need only occupy a single residential unit within the
2001single-family dwelling as the qualified buyer’s primary residence during the affordability period
2002and may lease any additional units to third-party lessees.
2003 (3) The director may place a lien on each single-family dwelling constructed as part of a
2004qualified homeownership development project for such amount as the director deems necessary
2005to ensure repayment pursuant to this paragraph.
2006 (4) During the affordability period, a qualified buyer of a single-family dwelling that
2007includes more than 1 residential unit shall not separate the ownership of individual residential
2008units within the single-family dwelling.
2009 (f)(1) All or any portion of a tax credit issued in accordance with this section may be
2010transferred, sold or assigned to any individual or entity and the transferee shall be entitled to
2011claim the credit pursuant to paragraph (2) of subsection (b) with the same effect as if the
2012transferee had personally incurred the qualified project expenditures. 92 of 187
2013 (2) A sponsor or transferee desiring to make a transfer, sale or assignment as described in
2014paragraph (1) shall submit to the commissioner a statement that describes the amount of the tax
2015credit for which such transfer, sale or assignment of the tax credit is eligible. The sponsor shall
2016provide to the commissioner appropriate information for the proper allocation of the
2017homeownership tax credit.
2018 (3) In the event that recapture of a tax credit is required pursuant to subsection (g), any
2019statement submitted to the commissioner pursuant to paragraph (2) shall include the proportion
2020of the tax credit required to be recaptured, the identity of each transferee subject to recapture and
2021the amount of the tax credit previously transferred to such transferee.
2022 (g) The director, in consultation with the secretary, may request that the commissioner
2023disallow or recapture any portion of a tax credit if the director determines that: (i) a sponsor or
2024the qualified homeownership development project does not qualify for the creditor ceases to
2025qualify for the credit; or (ii) the qualified project did not qualify for the credit at the time when
2026the credit was claimed. Notwithstanding the time limitations on assessments pursuant to chapter
202762C, the commissioner shall determine any taxpayers that claimed the credit, the tax against
2028which the credit was claimed and the amount to be recaptured and shall make an assessment
2029against any such taxpayer taxpayers for the amount to be recaptured under this section.
2030 (h) The director may assess application, processing and reporting fees to cover the cost of
2031administering this section.
2032 (i) The tax credit under this section shall be attributed on a pro rata basis to the owners,
2033partners or members of the legal entity entitled to the credit under this section and shall be 93 of 187
2034allowed as a credit against the tax due under this chapter from such owners, partners or members
2035in a manner determined by the commissioner.
2036 (j) The secretary, in consultation with the commissioner and director, shall adopt any
2037rules and promulgate any regulations necessary to administer this section.
2038 SECTION 30. Subsection (b) of section 38OO of said chapter 63, as appearing in section
203929, is hereby amended by striking out paragraph (1) and inserting in place thereof the following
2040paragraph:-
2041 (1) There shall be a homeownership tax credit. The director, in consultation with the
2042secretary, may authorize annually under this section and section 6O of chapter 62 a total sum not
2043exceeding: (i) the amount, if any, not authorized in the preceding taxable year; and (ii) any
2044homeownership tax credits returned to the director by a sponsor.
2045 SECTION 31. Said section 38OO of said chapter 63 is hereby repealed.
2046 SECTION 32. Subsection (c) of section 10 of chapter 70B of the General Laws, as
2047appearing in the 2022 Official Edition, is hereby amended by adding the following sentence:- At
2048least 1 incentive percentage point shall be provided for a project in a district that has adopted an
2049overlay zoning district under chapter 40R; provided, however, that no incentive points shall be
2050awarded for a project in a district determined to be noncompliant by the executive office of
2051housing and livable communities under section 3A of chapter 40A.
2052 SECTION 33. Subsection (a) of section 52 of chapter 93 of the General Laws, as so
2053appearing, is hereby amended by adding the following clause:- (7) eviction records sealed
2054pursuant to section 16 of chapter 239. 94 of 187
2055 SECTION 34. Section 127I of chapter 111 of the General Laws, as so appearing, is
2056hereby amended by adding the following paragraph:-
2057 Notwithstanding the fourth paragraph, following the appointment of a receiver for a
2058vacant residential property, the court, upon motion by the receiver with notice to the owner,
2059mortgagee and all interested parties, may allow the sale of the property to a nonprofit entity for
2060fair market value in its then current condition. Any such sale shall be conditioned upon the court
2061finding that the nonprofit entity agrees to correct all outstanding state sanitary code violations
2062and rehabilitate the property for sale to a first-time homebuyer whose income is not more than
2063120 per cent of the area median income as determined by the United States Department of
2064Housing and Urban Development; provided, however, that a nonprofit entity shall demonstrate to
2065the court adequate expertise and resources necessary to rehabilitate the property and correct
2066outstanding state sanitary code violations. Any such motion filed by a receiver pursuant to this
2067paragraph shall be heard by the court not less than 30 days following the filing date, during
2068which period the owner, mortgagee and any other interested parties may join a motion for leave
2069to correct all outstanding state sanitary code violations at the property. Upon a finding by the
2070court that the owner, mortgagee or other interested party has the intention and ability to correct
2071all outstanding state sanitary code violations, the court shall stay the hearing on the receiver’s
2072motion for a reasonable period of time to allow the owner, mortgagee or other interested party to
2073correct such outstanding sanitary code violations.
2074 SECTION 35. The second paragraph of section 87SS of chapter 112 of the General Laws,
2075as so appearing, is hereby amended by striking out the first sentence and inserting in place
2076thereof the following sentence:- Every individual applicant for a license as a salesman who is
2077required to take an examination shall, as a prerequisite to taking such examination, submit proof 95 of 187
2078satisfactory to the board that the applicant has completed courses in real estate subjects approved
2079by the board; provided, however, that such courses shall total 40 classroom hours of instruction,
2080not less than 4 hours of which shall be on state and federal fair housing laws; provided further,
2081that applicants having successfully completed a course in real property while enrolled in an
2082accredited law school in the commonwealth may also take such examination.
2083 SECTION 36. Section 87XX1/2 of said chapter 112, as so appearing, is hereby amended
2084by striking out the first paragraph and inserting in place thereof the following paragraph:-
2085 Any person holding a license as a real estate broker or salesman shall, within the renewal
2086period, satisfactorily complete courses or programs of instruction approved by the board;
2087provided, however, that such courses or programs of instruction shall total not less than 10 hours
2088and not more than 16 hours as determined by the board. The course or program curriculum shall
2089contain not less than 6 hours of instruction relative to compliance with: (i) equal employment
2090opportunities; (ii) accessibility for individuals with disabilities; (iii) agency law; (iv)
2091environmental issues in real estate; (v) zoning and building codes; (vi) real estate appraisal and
2092financing; (vii) property tax assessments and valuation; and (viii) real estate board regulations.
2093Additionally, the curriculum shall include not less than 3 hours of instruction on alternative
2094dispute resolution methods and not less than 4 hours on state and federal fair housing law. The
2095board shall certify in advance the curriculum forming the basis of such courses or programs
2096which satisfy the provisions of this section.
2097 SECTION 37. Section 87DDD1/2 of said chapter 112, as so appearing, is hereby
2098amended by adding the following 2 sentences: - Such licensed broker or salesperson may solely
2099contract with a prospective tenant to find for rent residential or commercial real property for a 96 of 187
2100tenant and present an offer to lease to the landlord or landlord's agent and negotiate on behalf of
2101the tenant or may solely contract with a landlord or landlord’s agent to find a tenant for a
2102property. Any fee shall only be paid by the party, lessor or tenant who originally engaged and
2103entered into a contract with the licensed broker or salesperson.
2104 SECTION 38. Chapter 121B of the General Laws is hereby amended by striking out
2105section 3A, as so appearing, and inserting in place thereof the following section:-
2106 Section 3A. (a) Any number of cities or towns may, with the approval of their respective
2107municipal officers and the department, create or disband by a contract subject to the approval of
2108the department a regional housing authority with all of the powers and obligations of the
2109constituent authorities to act in the place of the several housing authorities, if any, theretofore
2110existing. Such contract shall set forth the rights, powers and obligations of the regional housing
2111authority within the several cities or towns in which it is to operate. Any unresolved dispute that
2112may arise as to the rights, powers or obligations conferred by such contract shall be referred to
2113the department for resolution.
2114 (b) Notwithstanding the foregoing and notwithstanding any other general or special law
2115to the contrary, not less than 2 local housing authorities may, with the approval of their
2116respective boards and the department, merge to create a regional housing authority with all the
2117powers and obligations of the constituent authorities theretofore existing. Such creation of a
2118regional housing authority by merger of not less than 2 local housing authorities shall not require
2119special legislation pursuant to chapter 268A. The department shall issue guidelines for approving
2120mergers of not less than 2 local housing authorities pursuant to this subsection; provided,
2121however, that such guidelines shall include, but not be limited to, provisions for approving board 97 of 187
2122structures of regional housing authorities created pursuant to this subsection and provisions for
2123the creation and operation of a regional local preference to apply to residents of the cities or
2124towns in which a regional housing authority created pursuant to this subsection is to operate.
2125 SECTION 39. Section 11 of said chapter 121B, as so appearing, is hereby amended by
2126striking out clauses (n) and (o) and inserting in place thereof the following 3 clauses:-
2127 (n) to join or cooperate with any other operating agencies in the exercise, either jointly or
2128otherwise, of any of their powers for the purpose of financing, including the issuance of bonds,
2129notes or other obligations and the giving of security therefor, planning, undertaking, owning,
2130constructing, operating or contracting with respect to any project authorized by this chapter
2131located within the area within which at least 1 of such authorities are authorized to exercise its
2132powers and for such purpose to prescribe and authorize, by resolution, any operating agency so
2133joining and cooperating with it to act on its behalf in the exercise of any of such powers;
2134 (o) to lease energy saving systems that replace nonrenewable fuels with renewable
2135energy, including solar powered systems; and
2136 (p) to secure, with the approval of the department, in consultation with the executive
2137office for administration and finance, indebtedness incurred for the preservation, modernization
2138and maintenance of any of its low rent housing developments assisted under section 32 or 34 by
2139a pledge of a portion of capital funds awarded to it for improvements to be carried out pursuant
2140to a capital improvement plan, approved by the department and in accordance with department
2141regulations governing capital projects. The department, in consultation with the executive office
2142for administration and finance, shall promulgate regulations to establish limitations on the
2143percentage of awarded capital funds that may be pledged to secure indebtedness, describe 98 of 187
2144permitted terms for borrowing and repayment and establish criteria for operating agencies
2145permitted to incur indebtedness secured by a pledge of capital funds. Any pledge of future year
2146capital funds pursuant to this section shall be subject to the availability of funds under the
2147department’s capital spending plan. All financing documents related to future year capital fund
2148amounts shall include a statement that the credit of the commonwealth is not pledged and that the
2149pledging of funds shall be subject to the availability of funds under the department’s capital
2150spending plan.
2151 SECTION 40. Section 26C of said chapter 121B is hereby amended by striking out, in
2152lines 20 and 21, as so appearing, the words “the housing authority without requiring payment for
2153the services by the housing authority” and inserting in place thereof the following words:- a
2154housing authority with not more than 500 state-aided units without requiring payment for
2155services by the housing authority; and provided further, that the capital assistance team may
2156require payment for services provided to a housing authority with more than 500 state-aided
2157units and for additional services not covered by this section that are approved by the department.
2158 SECTION 41. Said section 26C of said chapter 121B is hereby further amended by
2159striking out subsection (e), as amended by section 256 of chapter 7 of the acts of 2023, and
2160inserting in place thereof the following subsection:-
2161 (e) There shall be a capital assistance advisory board consisting of 2 members appointed
2162by each of the 3 capital assistance teams and 1 member appointed by the department, who shall
2163have not less than 5 years of experience as the manager of not less than 200 units of privately-
2164owned housing. Only members of participating housing authorities in the region shall be eligible
2165for appointment to the advisory board. The advisory board shall meet on an annual basis with the 99 of 187
2166capital assistance team directors, host housing authority directors and the secretary of housing
2167and livable communities, or a designee, and shall discuss issues of program performance and
2168coordination.
2169 SECTION 42. The first paragraph of section 29 of said chapter 121B, as appearing in the
21702022 Official Edition, is hereby amended by striking out the first sentence and inserting in place
2171thereof the following sentence:- The members of a housing authority shall biennially, or more
2172frequently as required by the department and at a time to be determined by the department, file
2173with the department a written report for its preceding fiscal years since its last previously filed
2174written report.
2175 SECTION 43. Said first paragraph of said section 29 of said chapter 121B, as so
2176appearing, is hereby further amended by adding the following sentence:-Notwithstanding the
2177foregoing, nothing in this section shall exempt a housing authority from submitting an annual
2178plan pursuant to this section and section 28A.
2179 SECTION 44. Section 34 of said chapter 121B, as so appearing, is hereby amended by
2180adding the following paragraph:-
2181 Notwithstanding any general or special law to the contrary, the tenants of a state-aided or
2182federally-aided public housing project transferred or conveyed pursuant to the preceding
2183paragraph shall maintain all rights pursuant to federal, state and local subsidy programs
2184originally applicable to the project, including tenant contribution, lease terms, eviction, right to
2185return, grievance, resident participation, preference in hiring and privacy rights, except as may be
2186required to secure financing necessary for the feasibility of the project or to meet associated
2187programmatic eligibility requirements after notice to affected tenants with an opportunity to 100 of 187
2188comment. The redevelopment of such public housing project shall not be the basis for the: (i)
2189termination of assistance or eviction of any tenant; (ii) reduction of assistance or eviction of any
2190tenant; or (iii) re-screening any existing tenant; provided, however, that no existing tenant shall
2191be considered a new admission for any purpose, including, but not limited to, compliance with
2192any income targeting requirements. Any such project shall have at least the same number of low
2193rent housing units as the number of low rent housing units in the existing project. The
2194requirements of this paragraph shall be implemented through contracts, use agreements,
2195regulations or other means, as determined by the department; provided, however, that such
2196contracts, use agreements, regulations or other means shall be in compliance with all local, state
2197and federal subsidy programs applicable and shall delineate: (i) the roles of the housing authority
2198and other agencies in monitoring and enforcing compliance, including tracking temporary and
2199permanent displacement; (ii) how the housing authority shall rehouse tenants so there shall be no
2200displacement from affordable housing programs operated by the housing authority; and (iii) how
2201tenants shall be provided with technical assistance to facilitate meaningful input related to the
2202redevelopment of the proposed project. The benefits of such contracts, use agreements,
2203regulations or other means shall inure to any tenant who occupied a unit within the project at the
2204time of the transfer or conveyance of the project. Protections relating to tenant contribution, lease
2205terms, eviction, grievance, resident participation, preference in hiring and privacy rights, except
2206as may be required to secure financing necessary for the feasibility of the project or to meet
2207associated programmatic eligibility requirements, shall inure to both present or future tenants or
2208applicants of the project, who shall have the right to enforce the same as third-party
2209beneficiaries. Nothing in this section shall create a separate or new administrative process of
2210appeal or review for any grievance governed by the lease of any tenant. Tenants shall have an 101 of 187
2211opportunity for comment on a project proposed under the fourteenth paragraph and an
2212opportunity for public comment to be organized by the owners, controlled entities, designated
2213private entities or public housing authorities responsible for such projects with adequate notice.
2214 SECTION 45. The third sentence of subsection (b) of section 3 of chapter 121E of the
2215General Laws, as so appearing, is hereby amended by striking out clause (3) and inserting in
2216place thereof the following clause:- (3) issued only if a contract or agreement for the use of the
2217property for housing purposes provides for the recording of a restriction in the registry of deeds
2218or in the registry district of the land court in the county in which the affected real property is
2219located, for the benefit of the department, running with the land, that the land be used for
2220providing alternative forms of rental and ownership housing; provided, however, that the
2221property shall not be released from the restriction until: (i) the balance of the principal and
2222interest for the loan has been repaid in full; (ii) a mortgage foreclosure deed has been recorded;
2223or (iii) there has been a disposition of the property and the department determines that relevant
2224clients will be better served at an alternative property and the proceeds from the disposition of
2225the property will be used, to the extent necessary, for the replacement of the housing at the
2226property to: (A) acquire such alternative property; or (B) rehabilitate such alternative property.
2227 SECTION 46. Said section 3 of said chapter 121E, as so appearing, is hereby further
2228amended by striking out, in line 42, the words “project continues” and inserting in place thereof
2229the following words:- project, whether at the original property or at an alternative property
2230pursuant to clause (3), continues.
2231 SECTION 47. Section 2 of chapter 121F of the General Laws, as so appearing, is hereby
2232amended by striking out subsection (a) and inserting in place thereof the following subsection:- 102 of 187
2233 (a) There shall be within the executive office of housing and livable communities a
2234Housing Stabilization and Investment Trust Fund. The executive office shall administer the fund
2235and shall ensure that funds are distributed among urban, suburban and rural areas with a
2236particular emphasis on the development of alternative forms of housing and local and regional
2237needs. Such funds shall be used for the purpose of undertaking projects to develop and support
2238affordable housing developments and homeownership affordability through the acquisition,
2239preservation, new construction and rehabilitation of affordable housing including, but not limited
2240to, the preservation and improvement of existing privately-owned and state or federally-assisted
2241housing. The fund may be used to provide assistance for: (i) projects to stabilize and promote
2242reinvestment in cities and towns including, but not limited to, preserving and improving existing
2243privately-owned and state or federally-assisted housing and any other techniques necessary to
2244achieve reinvestment; provided, however, that funds may be expended for energy audits and
2245housing modifications to achieve energy efficiency and conservation; and (ii) housing where the
2246expiration of federal or state low-income housing tax credits or other federal or state subsidies
2247would lead or has led to the termination of a use agreement for low-income housing or in which
2248a project-based rental assistance contract is expiring or has expired. The fund shall be an
2249expendable trust fund and shall not be subject to appropriation.
2250 SECTION 48. Said section 2 of said chapter 121F, as so appearing, is hereby further
2251amended by striking out, in line 28, the words “nonprofit or for-profit organizations” and
2252inserting in place thereof the following words:- eligible entities pursuant to subsection (a) of
2253section 3.
2254 SECTION 49. Said section 2 of said chapter 121F, as so appearing, is hereby further
2255amended by striking out, in lines 35 to 38, inclusive, the words “or the Community Economic 103 of 187
2256Development Assistance Corporation established in chapter 40H to provide assistance from the
2257fund for projects owned or sponsored by nonprofit organizations” and inserting in place thereof
2258the following words:- to provide assistance from the fund.
2259 SECTION 50. Section 3 of said chapter 121F, as so appearing, is hereby amended by
2260striking out subsections (a) and (b) and inserting in place thereof the following 2 subsections:-
2261 (a) The fund shall finance low and no-interest loans, grants, subsidies, credit
2262enhancements and other financial assistance for rental and ownership housing; provided,
2263however, that any assistance provided shall be the minimum amount necessary to make a project
2264feasible; provided further, that loans, grants, subsidies, credit enhancements and other financial
2265assistance pursuant to this chapter may be provided to qualified for-profit or nonprofit
2266developers, community development corporations, local housing authorities, community action
2267agencies, community-based or neighborhood-based nonprofit housing organizations, other
2268nonprofit organizations and for-profit entities and governmental entities; provided further, that
2269recipients may enter into subcontracts to administer the contracts with other for-profit or
2270nonprofit organizations; provided further, that loans, grants, subsidies, credit enhancements and
2271other financial assistance pursuant to this chapter may be provided for the acquisition of property
2272to provide or preserve affordable housing; provided further, that the loan program may be
2273administered by the department through contracts with the Massachusetts Housing Partnership
2274Fund established in section 35 of chapter 405 of the acts of 1985; provided further, that the
2275program may include acquisition, financing and other holding costs, interim management costs
2276and operating costs and may be used by the Massachusetts Housing Partnership Fund to secure,
2277collateralize or reserve against other financing obtained by the Massachusetts Housing
2278Partnership Fund to support such costs; and provided further, that not less than 75 per cent of the 104 of 187
2279beneficiaries of the housing shall be persons whose income is not more than 60 per cent of the
2280area median income as determined by the United States Department of Housing and Urban
2281Development and not less than 13 per cent of the beneficiaries of the housing shall be persons
2282whose income is not more than 30 per cent of the area median income as determined by the
2283United States Department of Housing and Urban Development.
2284 (b)(1) Activities eligible for assistance from the fund shall include, but not be limited to:
2285(i) projects to develop and support affordable housing developments and homeownership
2286affordability through the acquisition, preservation, new construction and rehabilitation of
2287affordable housing; and (ii) the preservation of affordable housing developments that: (A) are
2288currently, or were previously, subject to prepayment or payment of a state or federally-assisted
2289mortgage; (B) are receiving project-based rental assistance under section 8 of the United States
2290Housing Act of 1937, 42 U.S.C. 1437f, and the rental assistance is expiring; or (C) have received
2291other project-based federal or state subsidies that are terminating or have terminated.
2292 (2) Property eligible for assistance shall include, but not be limited to, housing where the
2293prepayment or payment of a state or federally-assisted mortgage or the expiration of federal low
2294income housing tax credits or other federal or state subsidies would lead or has led to the
2295termination of a use agreement for low income housing or in which a project-based rental
2296assistance contract is expiring or has expired; provided, however,, that a property eligible for
2297assistance that has been acquired for the purpose of preserving or improving the property shall
2298not lose eligibility due to actions by the purchaser to renew or extend state or federal contracts or
2299subsidies. 105 of 187
2300 (3) The department, in consultation with nonprofit organizations, the Community
2301Economic Development Assistance Corporation, the Massachusetts Housing Finance Agency
2302and the Massachusetts Housing Partnership Fund, shall identify projects at the greatest risk of
2303prepayment, payment, termination of subsidies and use restrictions or nonrenewal of rental
2304assistance. Funding priority shall be based on at-risk criteria to be determined by the department
2305and set forth in regulations promulgated by the department.
2306 SECTION 51. Said section 3 of said chapter 121F, as so appearing, is hereby further
2307amended by striking out subsection (d) and inserting in place thereof the following subsection:-
2308 (d) Prior to providing assistance pursuant to this section, the department shall determine
2309that the: (i) housing would not, by private enterprise alone and without government assistance, be
2310available to lower income families and individuals; and (ii) amount of assistance is the minimum
2311amount necessary to make the housing development feasible. The department shall require, as a
2312condition of receiving assistance, that: (i) the housing remain affordable for its useful life as
2313determined by the department; and (ii) with respect to rental housing, the operations of the owner
2314and its articles of organization and by-laws, and any changes thereto, shall be subject to
2315regulation by the department.
2316 SECTION 52. Said chapter 121F if hereby further amended by striking out section 5, as
2317so appearing, and inserting in place thereof the following section:-
2318 Section 5. The executive office of housing and livable communities shall promulgate
2319regulations for the implementation, administration and enforcement of this chapter.
2320 SECTION 53. The General Laws are hereby amended by inserting after chapter 121G the
2321following chapter:- 106 of 187
2322 CHAPTER 121H
2323 SUPPORTIVE HOUSING POOL TRUST FUND
2324 Section 1. As used in this chapter, the following words shall have the following meanings
2325unless the context clearly requires otherwise:
2326 “Chronically homeless”, a person who has been homeless for at least 1 year or has been
2327repeatedly homeless.
2328 “Executive office”, the executive office of housing and livable communities.
2329 “Fund”, the Supportive Housing Pool Trust Fund established in section 2.
2330 “Permanent supportive housing”, rental housing that includes supportive services for
2331individuals and families who may be homeless or chronically homeless, individuals and families
2332with behavioral health needs or substance addiction needs, survivors of domestic violence,
2333survivors of human trafficking, survivors of sexual violence, individuals and families at risk of
2334entering or transitioning out of the foster care system, youth and young adults, seniors and
2335veterans or other individuals with similar needs, as determined by the executive office.
2336 Section 2. (a) There shall be a Supportive Housing Pool Trust Fund to support the
2337production of permanent supportive housing. The fund shall be administered by the executive
2338office, directly or through contracts with any of the following administering agencies: (i) the
2339Community Economic Development Assistance Corporation established in section 3 of chapter
234040H; (ii) the Massachusetts Housing Partnership Fund established in section 35 of chapter 405 of
2341the acts of 1985; or (iii) the Massachusetts Housing Finance Agency established in section 3 of
2342chapter 708 of the acts of 1966; provided, however, that an administering agency may directly 107 of 187
2343offer financial assistance for the purposes pursuant to this section or may enter into subcontracts
2344with nonprofit organizations established under chapter 180 for those purposes; and provided
2345further, that the administering agency may establish additional program requirements through
2346regulations or policy guidelines.
2347 (b) There shall be credited to the fund: (i) revenue from appropriations or other money
2348authorized by the general court and specifically designated for the fund; (ii) any gifts, grants,
2349private contributions, repayment of loans, fees and charges imposed relative to the making of
2350loans, grants, subsidies, credit enhancements and other financial assistance; (iii) any investment
2351income earned on the fund’s assets; and (iv) any other sources. Money remaining in the fund at
2352the end of a fiscal year shall not revert to the General Fund.
2353 Section 3. Funds expended pursuant to this chapter shall be in the form of grants, loans or
2354other financial assistance to projects and organizations that shall provide stable housing options
2355and supportive services to residents of permanent supportive housing, which may include, but
2356shall not be limited to, staffing, case management, service coordination or other tenancy-related
2357services provided by a project sponsor or through a third party, or other services or activities that
2358the executive office has determined are essential to the day-to-day operation of permanent
2359supportive housing.
2360 Section 4. The executive office may promulgate regulations for the implementation,
2361administration and enforcement of this chapter and may, in consultation with the executive office
2362of health and human services, the executive office of elder affairs, the department of children and
2363families and the Massachusetts office of victim assistance, issue guidelines for the fund. 108 of 187
2364 SECTION 54. Chapter 143 of the General Laws is hereby amended by adding the
2365following section:-
2366 Section 101. The executive office of housing and livable communities shall promulgate
2367regulations to ensure that no seller of a residential structure or a residential condominium unit, or
2368an agent thereof, shall: (i) condition the acceptance of an offer to purchase on the prospective
2369purchaser’s agreement to waive, limit, restrict or otherwise forego any prospective purchaser’s
2370right to have the structure or unit inspected, except when the sale of the structure or unit is to
2371occur at an auction conducted by an auctioneer licensed under chapter 100; or (ii) accept an offer
2372to purchase from a prospective purchaser, or an agent thereof who, in advance of the seller’s
2373acceptance of an offer, informs the seller, either directly or indirectly, that the prospective
2374purchaser intends to waive, in whole or in part, the prospective purchaser’s right to inspection;
2375provided, however, that the seller may accept such an offer without violating this section if the
2376prospective purchaser is: (A) the spouse, sibling, child, parent, grandparent, grandchild, great-
2377grandchild or great-grandparent of the seller; or (B) the former spouse of the seller and the sale
2378of the structure or unit is being made pursuant to a judgment or order under chapter 208;
2379provided further, that other limited exceptions may be provided for by regulation.
2380 SECTION 55. Chapter 175 of the General Laws is hereby amended by inserting after
2381section 4G the following section:-
2382 Section 4H. Notwithstanding any general or special law to the contrary, an insurance
2383company shall not take into account any homeowner affordability issues when setting insurance
2384rates. The division of insurance shall promulgate rules and regulations necessary to implement
2385and enforce this section. 109 of 187
2386 SECTION 56. Chapter 183A of the General Laws is hereby amended by striking out
2387section 16, as appearing in the 2022 Official Edition, and inserting in place thereof the following
2388section:-
2389 Section 16. The owners of any land may submit the land under this chapter by the
2390recording in the registry of deeds of a master deed or, if the title to the land is registered under
2391chapter 185, by filing the master deed under said chapter 185.
2392 SECTION 57. Said chapter 183A is hereby further amended by adding the following
2393section:-
2394 Section 24. (a) Notwithstanding any provisions in a master deed, declaration of trust or
2395by-laws of a condominium submitted pursuant to this chapter to the contrary, the governing body
2396of the organization of unit owners may conduct regularly scheduled or special meetings by
2397telephonic or video conference call or other interactive electronic communication process;
2398provided, however, that all participants shall be able to simultaneously communicate with each
2399other during the meeting. Presence by such electronic means shall satisfy any quorum
2400requirements. The governing body may vote on any action properly before the body and approve
2401meeting minutes by electronic means including, but not limited to, email and video conferencing.
2402 (b) The governing body may conduct annual or special meetings of the unit owners where
2403physical presence is not required. Such meetings may be held by telephonic or video conference
2404call or other interactive electronic communication process as determined by the governing body.
2405The governing body shall notify all unit owners of such meetings and provide access information
2406for participation in such meetings. Participation by electronic means shall satisfy quorum
2407requirements. The governing body shall take reasonable measures to ensure that unit owners can 110 of 187
2408participate fully, including by reading or hearing the proceedings and posing questions or
2409comments.
2410 (c) The governing body may allow unit owners to vote on any matter by mail-in ballot or
2411electronic means; provided, however, that a quorum of unit owners shall be present for the vote.
2412The governing body may promulgate and amend policies related to electronic meetings and
2413voting, pursuant to its rule-making authority as set forth in the governing documents of the
2414organization of unit owners. If a master deed, declaration of trust, by-law or other document of
2415the organization of unit owners requires the signature or written consent of unit owners, unit
2416owners may electronically submit their signatures or written consent as determined by the
2417governing body.
2418 SECTION 58. Chapter 184 of the General Laws is hereby amended by inserting after
2419section 23D the following section:-
2420 Section 23E. (a) For the purposes of this section, the following words shall have the
2421following meanings unless the context clearly requires otherwise:-
2422 “Portable cooling device”, air conditioners and evaporative coolers, including devices
2423designed to be mounted in a window or placed on the floor but not including devices which
2424require alteration to the dwelling unit for its installation or use.
2425 (b) A provision in a condominium’s governing document that restricts or prohibits the
2426installation or use of a portable cooling device shall be void and unenforceable unless the: (i)
2427installation or use of the device would: (A) violate building codes or state or federal law; (B)
2428violate the device manufacturer’s written safety guidelines for the device; (C) interfere with the
2429common areas and facilities of the condominium; or (D) require amperage to power the device 111 of 187
2430that cannot be accommodated by the power service to the building, unit or circuit; (ii) device is
2431designed to be mounted in a window and: (A) the window is a necessary egress from the unit;
2432(B) the device would interfere with the unit owner’s ability to lock a window that is accessible
2433from outside; (C) the device requires the use of brackets or other hardware that would damage or
2434void the warranty of the window or frame, puncture the envelope of the building or otherwise
2435cause significant damages; (D) the restrictions require that the device be adequately drained to
2436prevent damage to the dwelling unit or building; or (E) the restrictions require that the device be
2437installed in a manner that prevents risk of falling; (iii) building is cooled through a central air
2438conditioning system; or (iv) restrictions only require that the device be: (A) installed by building
2439maintenance or a licensed contractor; or (B) removed from October 1 to April 30, inclusive.
2440 SECTION 59. Chapter 185 of the General Laws is hereby amended by striking out
2441section 52, as appearing in the 2022 Official Edition, and inserting in place thereof the following
2442section:-
2443 Section 52. (a) As used in this section, “notice of voluntary withdrawal” shall mean an
2444instrument in writing, signed and acknowledged by all owners of the land to be voluntarily
2445withdrawn, that contains the following information: (i) names and addresses of all owners; (ii)
2446the certificate of title number with the registration book and page number; (iii) a description of
2447the land in the form contained in the certificate of title or a description, incorporating by
2448reference the lot numbers, if numbered, and the land court plan, together with a reference to the
2449certificate with which the plan is filed; and (iv) the street address of the land, if any. The notice
2450of voluntary withdrawal shall include a notification to all interest holders entitled to notice that
2451any objection to the requested withdrawal shall be filed with the court not later than 30 days
2452following the service of the notice or the right to file an objection shall be waived. 112 of 187
2453 (b) A judgment of registration and the entry of a certificate of title shall be
2454 regarded as an agreement running with the land and binding upon the plaintiff and the
2455plaintiff's successors in title that the land shall be and forever remain registered land and subject
2456to this chapter unless withdrawn under this section and except as provided in section 26.
2457 (c) If all of a parcel of land, the title to which is registered under this chapter, is acquired
2458by the commonwealth, any agency, department, board, commission or authority of the
2459commonwealth, any political subdivision of the commonwealth or any agency, department,
2460board, commission or authority of any political subdivision of the commonwealth, the
2461acquisition shall be a sufficient ground for withdrawal of the registered land from this chapter.
2462Such land shall be withdrawn upon the filing with the land court of a complaint for voluntary
2463withdrawal by the public entity and the endorsement by a justice of the land court of such notice
2464of withdrawal, which shall be filed in the registry district where the land is located.
2465 (d) The owners of the fee simple estate in a parcel of land, the title to which has been
2466registered under this chapter, may voluntarily withdraw the registered land from this chapter by
2467filing with the land court a complaint for voluntary withdrawal naming themselves as all of the
2468owners of the fee simple estate in the entire parcel of land and identifying any mortgagees,
2469lessees or option holders of record having an interest in the registered land, together with a notice
2470of voluntary withdrawal. The plaintiff shall file with the complaint sufficient documentation to
2471establish conclusively their ownership of the fee simple estate in the entire parcel of land that is
2472the subject of the complaint including, but not limited to, a last-prepared certificate of title,
2473deeds, conveyance records and any other documents or instruments that demonstrate their
2474ownership interest. The plaintiff may also file with the court written and signed assents from any 113 of 187
2475interest holders entitled to notice who have agreed to the withdrawal. Upon the request of the
2476plaintiff or upon the court’s determination of reasonable need, the court may appoint an
2477examiner of title, whose fees shall be paid by the plaintiffs, to prepare a report sufficient to
2478identify the current owners and all current mortgagees, lessees and option holders with interests
2479in the land who are entitled to notice. The court’s order of appointment shall be made not later
2480than 30 days after receipt of the complaint or upon request for appointment, if such request is
2481later made, unless the court, for good cause , determines that appointment at a later time is
2482indicated, and shall direct such report to be prepared and filed with the court not later than 14
2483days after the appointment is made, unless the court, for good cause , then or thereafter allows
2484further time. All interest holders entitled to notice who have not assented to the voluntary
2485withdrawal shall be served by certified mail with a file-stamped copy of the complaint and notice
2486of voluntary withdrawal. The court may order further notice to be given, including by additional
2487means, if the court determines it to be necessary or desirable to accomplish effective service. The
2488plaintiff shall file with the court an affidavit certifying that such notice by certified mail or other
2489means ordered by the court has been given, together with proof of service. If the plaintiffs are
2490represented by counsel, the affidavit shall be executed by counsel.
2491 (e) If no objection has been filed by any interest holder entitled to notice not later than 30
2492days following service, a justice of the court shall approve and endorse the notice of voluntary
2493withdrawal not later than 30 days following receipt of all required information and
2494documentation unless the court, for good cause, determines that further time is indicated.
2495Notwithstanding the filing of an objection not later than 30 days, the notice of voluntary
2496withdrawal shall be endorsed by a justice of the land court unless the court determines that there
2497is good cause for the objection. Upon endorsement by a justice of the land court, the notice of 114 of 187
2498voluntary withdrawal shall be filed for registration and noted on the memorandum of
2499encumbrances for the certificate of title and may be recorded with the registry of deeds for the
2500district within which the land lies, whereupon the land shall be withdrawn from this chapter and
2501shall become unregistered land. The owners shall hold title to the land free of all liens and
2502encumbrances, including adverse possession and prescriptive rights, existing as of the date the
2503judicially-endorsed notice of voluntary withdrawal is noted on the memorandum of
2504encumbrances, as though a judgment of confirmation without registration had been recorded
2505under section 56A; provided, however, that the owners shall not hold title free of the
2506encumbrances set forth or referred to in section 46 and those noted on the certificate of title or
2507filed for registration before the date the endorsed notice of voluntary withdrawal is noted on the
2508memorandum of encumbrances.
2509 (f) The chief justice of the land court or a designee may promulgate rules or establish
2510practices, guidelines, forms or procedures, including an appropriate filing fee for the complaint
2511and notice of voluntary withdrawal, as necessary to implement this section.
2512 SECTION 60. Said chapter 185 is hereby further amended by striking out section 114, as
2513so appearing, and inserting in place thereof the following section:-
2514 Section 114. (a) No erasure, alteration or amendment shall be made upon the registration
2515book after the entry of a certificate of title or of a memorandum thereon and the attestation of the
2516same by the recorder or an assistant recorder without court order, except when an assistant
2517recorder, upon approval of the chief title examiner of the land court or the chief title examiner’s
2518designee, determines that a clerical error or omission has been made in the entry of the certificate
2519of title or memorandum thereon. 115 of 187
2520 (b) A registered owner or other person in interest may apply by complaint to the court
2521upon the grounds that: (i) registered interests of any description, whether vested, contingent,
2522expectant or inchoate, have terminated and ceased; (ii) new interests not appearing upon the
2523certificate have arisen or been created; (iii) an error or omission was made in entering a
2524certificate or any memorandum thereon; (iv) the name of any person on the certificate has been
2525changed; (v) the registered owner has married or, if registered as married, the marriage has been
2526dissolved; (vi) a corporation which owned registered land and has been dissolved has not
2527conveyed the same within 3 years after its dissolution; or (vii) upon any other reasonable ground
2528and the court may hear and determine the complaint after notice to all parties in interest. The
2529court may order the entry of a new certificate, the entry or cancellation of a memorandum upon a
2530certificate or grant any other relief upon such terms as it deems proper, including requiring
2531security if necessary. Nothing in this section shall authorize the court to open the original
2532judgment of registration and nothing shall be done by the assistant recorder or ordered by the
2533court that shall impair the title or other interest of a purchaser holding a certificate for value and
2534in good faith, or their heirs or assigns, without their written consent.
2535 SECTION 61. Chapter 186 of the General Laws is hereby amended by inserting after
2536section 14 the following section:-
2537 Section 14A. (a) For the purposes of this section, the following words shall have the
2538following meanings unless the context clearly requires otherwise:
2539 “Portable cooling device”, air conditioners and evaporative coolers, including devices
2540designed to be mounted in a window or placed on the floor but not including devices which
2541require alteration to the dwelling unit for its installation or use. 116 of 187
2542 (b) A landlord may not prohibit or restrict a tenant from installing or using a portable
2543cooling device of the tenant’s choosing unless the: (i) installation or use of the device would: (A)
2544violate building codes or state or federal law; (B) violate the device manufacturer’s written safety
2545guidelines for the device; (C) damage the premises or render the premises uninhabitable; or (D)
2546require amperage to power the device that cannot be accommodated by the power service to the
2547building, dwelling unit or circuit; (ii) device would be installed in a window and the: (A) window
2548is a necessary egress from the dwelling unit; (B) device would interfere with the tenant’s ability
2549to lock a window that is accessible from outside; (C) device requires the use of brackets or other
2550hardware that would damage or void the warranty of the window or frame, puncture the envelope
2551of the building or otherwise cause significant damages; (D) restrictions require that the device be
2552adequately drained to prevent damage to the dwelling unit or building; (E) restrictions require
2553that the device be installed in a manner that prevents risk of falling; (F) restrictions require that
2554the device be: (1) installed or removed by the landlord or the landlord’s agent; (2) subject to
2555inspection or servicing by the landlord or the landlord’s agent; or (3) removed from October 1 to
2556April 30, inclusive; or (iii) landlord provides cooling to the dwelling unit through a central air
2557conditioning system.
2558 (c) A landlord shall not enforce a restriction on portable cooling devices against a tenant
2559that is allowed under subsection (b) unless the restriction is in writing and delivered to the tenant.
2560 (d) A landlord shall not be liable for any claim for damages, injury or death caused by a
2561portable cooling device installed by the tenant pursuant to this act.
2562 (e) A landlord that limits portable cooling devices for a building under subclause (D) of
2563clause (i) of subsection (b) shall prioritize allowing the use of devices for individuals who 117 of 187
2564require a device to accommodate a disability. A landlord shall not be responsible for any
2565interruption in electrical service to a portable cooling device that is not caused by the landlord,
2566including interruptions caused by an electrical supply’s inability to accommodate the use of a
2567portable cooling device.
2568 SECTION 62. Section 15B of said chapter 186, as appearing in the 2022 Official Edition,
2569is hereby amended by inserting after the figure “(2)”, in line 25, the following words:- ;
2570provided, however, that the executive office of housing and livable communities may promulgate
2571regulations to authorize a lessor and a tenant or prospective tenant to agree to the payment of a
2572fee in lieu of payment of a security deposit; provided further, that any such regulations shall: (A)
2573require the lessor to utilize a fee collected to waive a security deposit to cover for unpaid rent or
2574unit damage that applies to the tenant’s lease; (B) require that a fee so collected be: (I) entirely or
2575partially non-refundable; provided, however, that the lessor shall disclose that the fee is non-
2576refundable in the lease; provided further, that the tenant shall agree to the fee and acknowledge
2577that the tenant understand that it is entirely or partially non-refundable, as the case may be, in
2578writing; and (II) a recurring monthly fee, or payable upon any schedule and in an amount that the
2579lessor and tenant agree upon, as authorized by the executive office; (C) limit the total sum of the
2580fee or recurring payments, regardless of the duration of the lease and any extensions thereto, to
2581an amount not to exceed 1 month’s rent; (D) require that the fee be made optional for both the
2582tenant and the lessor and that the tenant be permitted to choose to pay a full security deposit
2583rather than the fee; (E) require a lessor who offers such a fee in lieu of security deposit: (I) to
2584offer the option of a fee in lieu of a security deposit to every prospective tenant whose
2585application for occupancy has been approved, regardless of income, race, gender, gender
2586identity, disability, sexual orientation, immigration status, size of household or credit score; and 118 of 187
2587(II) not to consider such factors and categories when setting the amount of the fee; and (F) allow
2588a tenant who agrees to pay a fee to waive a security deposit to opt-out of the obligation to pay
2589such fee if such tenant pays the security deposit that would otherwise be in effect for the tenant’s
2590apartment on the day the tenant chooses to opt-out of such fee; provided further, that the sum of
2591fees paid to waive a security deposit and the payment of the security deposit shall not exceed, in
2592total, the amount of 1 month’s rent; and provided further, that the executive office shall consult
2593with the office of the attorney general prior to promulgating regulations authorizing a fee in lieu
2594of a security deposit under this section.
2595 SECTION 63. Section 1 of chapter 188 of the General Laws, as so appearing, is hereby
2596amended by striking out, in lines 5 and 10, the figure “$125,000” and inserting in place thereof,
2597in each instance, the following figure:- “$250,000”.
2598 SECTION 64. Said section 1 of said chapter 188, as so appearing, is hereby further
2599amended by striking out, in lines 15, 21, 25, 41 and 47, the figure “$500,000” and inserting in
2600place thereof, in each instance, the following figure:- “$1,000,000”.
2601 SECTION 65. Said section 1 of said chapter 188, as so appearing, is hereby further
2602amended by striking out, in line 42, the figure “$250,000” and inserting in place thereof the
2603following figure:- “$500,000”.
2604 SECTION 66. Chapter 239 of the General Laws is hereby amended by adding the
2605following section:-
2606 Section 16. (a) For the purposes of this section, the following words shall have the
2607following meanings unless the context clearly requires otherwise:- 119 of 187
2608 “Consumer report”, a written, oral or other communication of any information by a
2609consumer reporting agency bearing on a person’s credit worthiness, credit standing or credit
2610capacity that is used or expected to be used or collected, in whole or in part, for the purpose of
2611serving as a factor in establishing the person’s eligibility for rental housing or other purposes
2612authorized under section 51 of chapter 93.
2613 “Consumer reporting agency”, an individual, partnership, corporation, trust, estate,
2614cooperative, association, government or governmental subdivision or agency or other entity that,
2615for monetary fees, dues or on a cooperative nonprofit basis, regularly engages, in whole or in
2616part, in the practice of assembling or evaluating consumer credit information or other
2617information on consumers for the purpose of furnishing consumer reports to third parties.
2618 “Court”, the trial court of the commonwealth established pursuant to section 1 of chapter
2619211B and any departments or offices established within the trial court.
2620 “Court record”, any paper or electronic records or data in any communicable form
2621compiled by, on file with or in the care custody or control of, the court that concern a person and
2622relate to the nature or disposition of an eviction action or a lessor action.
2623 “Eviction action”, a summary process action under this chapter to recover possession of
2624residential premises.
2625 “Lessor action”, any civil action brought against the owner, manager or lessor of
2626residential premises by the tenant or occupant of such premises relating to or arising out of such
2627property, rental, tenancy or occupancy for breach of warranty, breach of any material provision
2628of the rental agreement or violation of any other law. 120 of 187
2629 “No-fault eviction”, an eviction action in which the notice to quit, notice of termination
2630or complaint does not include an allegation of nonpayment of rent or violation of any material
2631term of the tenancy by the tenant or occupant; provided, however, that a “no-fault eviction” shall
2632include an action brought after termination of a tenancy for economic, business or other reasons
2633not constituting a violation of the terms of the tenancy.
2634 (b) A person having a court record of a no-fault eviction on file in a court may petition
2635the court to seal the court record at any time after the conclusion of the action, including
2636exhaustion of all rights of appeal. The petition shall be on a form furnished by the trial court of
2637the commonwealth, signed under the penalties of perjury and filed in the same court as the action
2638sought to be sealed. If an action was active in more than 1 court during its pendency, a petition
2639may be filed in each such court. Notice shall be given to parties to the original action. The court
2640shall comply with the petitioner’s request to seal the court record pursuant to this subsection;
2641provided, however, that the record only pertains to a no-fault eviction and the action to which the
2642record relates has concluded with all rights of appeal exhausted. If no objection is filed by a party
2643within 7 days of filing the petition, such court may, in its discretion, process such petitions
2644administratively without a hearing.
2645 (c) A person having a court record in an eviction action for nonpayment of rent on file in
2646a court may, on a form furnished by the trial court and signed under the penalties of perjury,
2647petition the court to seal the court record. The petition shall be filed in the same court as the
2648action sought to be sealed. If an action was active in more than 1 court during its pendency, a
2649petition may be filed in each such court. Notice shall be given to parties to the original action.
2650The court shall comply with the petitioner’s request to seal the court record pursuant to this
2651subsection; provided, however, that the action to which the record relates concluded, including 121 of 187
2652exhaustion of all rights of appeal, not less than 4 years before the request and no eviction action
2653for nonpayment or lessor action has been brought against the petitioner within the
2654commonwealth in the 4 years preceding the request; provided further, that the petitioner certifies
2655on the petition that the nonpayment of rent was due to an economic hardship and such economic
2656hardship has rendered them unable to satisfy the judgment. If no objection is filed by a party, the
2657court may, in its discretion, process such petitions administratively without a hearing. If an
2658objection is filed by a party, within 7 days of filing the petition, the court shall conduct a hearing
2659to determine the petitioner’s compliance with the foregoing conditions and may require the
2660petitioner to complete a financial statement on a form furnished by the trial court.
2661 (d) A person having a court record of a fault eviction on file in a court may, on a form
2662furnished by the trial court and signed under the penalties of perjury, petition the court to seal the
2663court record. The petition shall be filed in the same court as the action sought to be sealed. If an
2664action was active in more than 1 court during its pendency, a petition may be filed in each such
2665court. Notice shall be given to parties to the original action. The court shall comply with the
2666petitioner’s request to seal the court record pursuant to this subsection; provided, however, that
2667the action to which the record relates concluded, including exhaustion of all rights of appeal, not
2668less than 7 years before the request and no eviction action for fault or lessor action has been
2669brought against the petitioner within the commonwealth in the 7 years preceding the request. If
2670no objection is filed by a party, within 7 days of filing the petition, the court may, in its
2671discretion, process such petitions administratively without a hearing.
2672 (e) A person having a court judgment against them in a civil action commenced pursuant
2673to section 19 of chapter 139 on file in a court may, on a form furnished by the trial court and
2674signed under the penalties of perjury, petition the court to seal the court record. The petition shall 122 of 187
2675be filed in the same court as the action sought to be sealed. If an action was active in more than 1
2676court during its pendency, a petition may be filed in each such court. Notice shall be given to
2677parties to the original action. The court shall schedule a hearing to determine whether: (i) the
2678action to which the record relates concluded, including exhaustion of all rights of appeal, not less
2679than 7 years before the request and no eviction action for fault, or action pursuant to said section
268019 of said chapter 139, has been brought against the petitioner within the commonwealth in the 7
2681years preceding the request, and such petitioner has not been convicted of any criminal offense
2682referenced in said section 19 of said chapter 139 during such 7-year period; and (b) the sealing of
2683such record is in the interest of justice and public safety. Notwithstanding any provision to the
2684contrary, where the plaintiff did not obtain a judgment in its favor, the defendant may petition to
2685seal the court record at any time after the conclusion of the action, including exhaustion of all
2686rights of appeal.
2687 (e1/2) A person having a court record of an eviction action that resulted in a dismissal or
2688final judgment in favor of the defendant may petition the court to seal the court record at any
2689time after the conclusion of the action, which shall include exhaustion of all rights of appeal. The
2690petition shall be on a form furnished by the trial court, signed under the penalties of perjury and
2691filed in the same court as the action sought to be sealed was initially filed. If the action was
2692active in more than 1 court during its pendency, a petition may be filed in each such court.
2693Notice to parties of the original action shall not be required. The court may, in its discretion,
2694process the petition administratively without a hearing.
2695 (f) Upon motion and for good cause shown, or as otherwise authorized by this section,
2696court records sealed under this section may, at the discretion of the court and upon a balancing of
2697the interests of the litigants and the public in nondisclosure of the information with the interests 123 of 187
2698of the requesting party, be made available for public safety, scholarly, educational, journalistic or
2699governmental purposes only; provided, however, that the personal identifying information of the
2700parties involved in the action shall remain sealed unless the court determines that release of such
2701information is appropriate under this subsection and necessary to fulfill the purpose of the
2702request. Nothing in this subsection shall permit the release of personal identifying information
2703for commercial purposes.
2704 (g) Nothing in this section shall prohibit the dissemination of information contained in a
2705record sealed pursuant to this section as the court deems necessary or appropriate: (i) for the
2706collection of a money judgment; (ii) to pursue a criminal investigation; (iii) to pursue a criminal
2707prosecution; or (iv) where information in the sealed record was entered into evidence in a
2708criminal prosecution that resulted in a criminal charge.
2709 (h) Nothing in this section shall prohibit a person or their representative from petitioning
2710the court to obtain access to sealed eviction records in which the person is a party.
2711 (i) A consumer reporting agency shall not disclose the existence of, or information
2712regarding, an eviction record sealed under this section or use information contained in a sealed
2713court record as a factor to determine any score or recommendation to be included in a consumer
2714report unless the court record was available for inspection with the court not more than 30 days
2715of the report date. A consumer reporting agency may include in a consumer report information
2716found in publicly available court records; provided, however, that the consumer report shall
2717include a person’s full name, whether an eviction action was a fault eviction, a no-fault eviction
2718or a lessor action and the outcome of any eviction action if such information is contained in the
2719publicly-available court record. Information contained in a court record sealed under this section 124 of 187
2720shall be removed from the consumer report or from the calculation of any score or
2721recommendation to be included in a consumer report not more than 30 days of the sealing of the
2722court record from which it is derived. Any consumer reporting agency that violates this
2723subsection shall be liable to the person who is the subject of the consumer report in an amount
2724equal to the sum of any actual damages sustained by the consumer as a result of the violation and
2725the costs of the action, including reasonable attorney’s fees. The attorney general shall enforce
2726this subsection, and the remedies provided hereunder shall not be exclusive. Nothing in this
2727subsection shall waive the rights or remedies of any person under any other law or regulation.
2728 (j) An application used to screen applicants for housing or credit that seeks information
2729concerning prior eviction actions of the applicant shall include the following statement: “An
2730applicant for housing or credit with a sealed record on file with the court pursuant to section 16
2731of chapter 239 of the General Laws may answer ‘no record’ to an inquiry relative to that sealed
2732court record.” No party shall be liable for any violation of the foregoing provision unless such
2733party has first been issued a written warning from the attorney general and has failed to address
2734the violation within 90 days of such notice.
2735 The petition provided by the court for the sealing of records as provided under this
2736section and any order granting such petition shall contain the following notice: “An applicant for
2737housing or credit with a sealed record on file with the court pursuant to section 16 of chapter 239
2738of the General Laws may answer ‘no record’ to an inquiry relative to that sealed court record.”
2739 (k) A party who obtains a judgment or enters into an agreement in an eviction action
2740solely for nonpayment of rent shall, not more than 14 days after satisfaction of the judgment or
2741agreement, file with the court in which the judgment or agreement was entered a notice of 125 of 187
2742satisfaction of the judgment or agreement. A party that has satisfied such judgment or agreement
2743may, upon noncompliance with this subsection by the other party, file a petition for the judgment
2744or agreement to be deemed satisfied, with notice to the parties to such action. The court shall
2745comply with the petitioner’s request; provided, however, that the record only pertains to an
2746action for nonpayment of rent and the judgment or agreement has been satisfied. If no objection
2747is filed by a party within 7 days of filing the petition, the court may, in its discretion, process
2748such petition administratively without a hearing. Upon the filing of a notice of satisfaction of
2749judgment or an agreement, or court judgment deeming the judgment or agreement satisfied, a
2750party may petition the court to seal the court record pertaining to that action. The petition shall be
2751on a form furnished by the trial court, signed under the penalties of perjury and filed in the same
2752court as the action sought to be sealed. If an action was active in more than 1 court during its
2753pendency, a petition may be filed in each such court. Notice shall be given to the parties to the
2754original action. The court shall comply with the petitioner’s request and seal the court record if
2755the judgment or agreement has been satisfied and the action has concluded, with all rights of
2756appeal exhausted and with no objection filed by a party within 7 days of filing the petition. The
2757court may process such petitions administratively without a hearing.”
2758 SECTION 67. The first sentence of the first paragraph of section 3 of chapter 708 of the
2759acts of 1966, as appearing in section 43 of chapter 204 of the acts of 1996, is hereby amended by
2760striking out the words “department of housing and community development”, and inserting in
2761place thereof the following words:- executive office of housing and livable communities.
2762 SECTION 68. Said first paragraph of said section 3 of said chapter 708, as so amended,
2763is hereby further amended by striking out the third sentence and inserting in place thereof the
2764following sentence:- Notwithstanding any general or special law to the contrary, the 126 of 187
2765Massachusetts Housing Finance Agency shall not be subject to chapter 30A of the General
2766Laws, sections 24 to 28, inclusive, of chapter 93 of the General Laws and chapters 255E and
2767255F of the General Laws.
2768 SECTION 69. The first sentence of the second paragraph of said section 3 of said chapter
2769708 is hereby amended by striking out the words “director of housing and community
2770development”, inserted by section 44 of chapter 204 of the acts of 1996, and inserting in place
2771thereof the following words:- secretary of housing and livable communities.
2772 SECTION 70. Paragraph (b) of section 8 of said chapter 708 is hereby amended by
2773striking out the sixth sentence, as appearing in section 1 of chapter 34 of the acts of 2003, and
2774inserting in place thereof the following sentence:- The aggregate principal amount of notes and
2775bonds of the Massachusetts Housing Finance Agency issued to make mortgage loans pursuant to
2776section 5 and to make or purchase loans pursuant to section 5A, outstanding at any 1 time, shall
2777not exceed $10,800,000,000.
2778 SECTION 71. Clause (iii) of the definition of “housing accommodation” in section 3 of
2779chapter 527 of the acts of 1983, as appearing in section 4 of chapter 709 of the acts of 1989, is
2780hereby amended by striking out the word “buildings” and inserting in place thereof the following
2781words:- owner-occupied buildings.
2782 SECTION 72. The third sentence of the second paragraph of paragraph (a) of section 35
2783of chapter 405 of the acts of 1985, as appearing in section 47 of chapter 204 of the acts of 1996,
2784is hereby amended by striking out the words “department of housing and community
2785development” and inserting in place thereof the following words:- executive office of housing
2786and livable communities. 127 of 187
2787 SECTION 73. Said paragraph (a) of said section 35 of said chapter 405 is hereby further
2788amended by striking out the words “communities and development”, as appearing in section 36
2789of chapter 102 of the acts of 1990, and inserting in place thereof the following words:- housing
2790and livable communities.
2791 SECTION 74. Section 2 of chapter 52 of the acts of 1993 is hereby amended by striking
2792out item 4000-8200, as most recently amended by section 18 of chapter 244 of the acts of 2002,
2793and inserting in place thereof the following item:-
2794 4000-8200For state financial assistance to implement the recommendations of the
2795special commission in the form of loans for the development of community-based housing for
2796individuals with mental health, intellectual or developmental disabilities; provided, that such
2797loan program shall be administered by the executive office of housing and livable communities
2798through contracts with housing authorities and redevelopment authorities duly organized and
2799existing under chapter 121B of the General Laws, community development corporations duly
2800organized and existing under chapter 40F of the General Laws, the Massachusetts Housing
2801Finance Agency, a body politic and corporate entity, established under section 3 of chapter 708
2802of the acts of 1966, the Community Economic Development Assistance Corporation or CEDAC,
2803a body politic and corporate, established under section 3 of chapter 40H of the General Laws and
2804the government land bank, a body politic and corporate established under section 2 of chapter
2805212 of the acts of 1975; provided further, that the loan issuing authorities may develop or finance
2806community-based housing or may enter into subcontracts therefor with nonprofit organizations
2807established pursuant to chapter 180 of the General Laws or organizations in which such nonprofit
2808corporations have a controlling financial or managerial interest; provided further, that the
2809department shall take due consideration of a balanced geographic plan for such community- 128 of 187
2810based housing when issuing such loans; provided further, that loans issued pursuant to this item
2811shall: (i) be limited to not more than 50 per cent of the financing of the total development costs;
2812(ii) be issued for a community-based housing project contingent on the title to the real property
2813reverting to the commonwealth when the loan becomes due and payable, except as provided by
2814clause (iii); (iii) only be issued when any contract or agreement for the use of the property for
2815community-based housing provides for the recording of a restriction in the registry of deeds or
2816the registry district of the land court of the county in which the affected real property is located,
2817for the benefit of the departments, running with the land, that the land shall be used for the
2818community-based housing for eligible individuals as determined by the department of mental
2819health; provided further, that the property shall not be released from such restrictions unless: (a)
2820the balance of the principal and interest for the loan has been repaid in full; (b) a mortgage
2821foreclosure deed has been recorded; or (c) there has been a disposition of the property and the
2822executive office of housing and livable communities, in consultation with the department of
2823mental health and the department of developmental services, determines that relevant clients will
2824be better served at an alternative property and the proceeds from the disposition of the property
2825shall be used, to the extent necessary for replacement of the housing at the property to: (1)
2826acquire such alternative property; and (2) rehabilitate such alternative property; (iv) be issued for
2827a term of not more than 30 years during which time repayment may be deferred by the loan
2828issuing authority unless, at the end of any fiscal year, cash collections from all sources in
2829connection with a community-based housing project, except for contributions, donations or grant
2830monies, exceed 105 per cent of cash expenditures on behalf of the project, including debt service,
2831operating expenses and capital reserves, in which event such excess cash shall be paid to the
2832commonwealth within 45 days of the end of the fiscal year, payable first to interest due 129 of 187
2833thereunder and thereafter to principal advanced pursuant to the loan; provided further, that if, on
2834the date a loan become due and payable to the commonwealth, an outstanding balance exists and
2835if, on such date, the executive office of housing and livable communities, in consultation with the
2836executive office of health and human services, determines that there still exists a need for such
2837housing and that there is continued funding available for the provision of services to such
2838development, the executive office may, by agreement with the owner of the development, extend
2839the loans for such periods not to exceed 10 years, as the executive office determines; provided
2840further, that the project, whether at the original property or at an alternative property pursuant to
2841clause (iii), shall remain affordable housing for the duration of the loan term, including any
2842extensions, as set forth in the contract or agreement entered into by the executive office;
2843provided further, that if the terms of repayment detailed in this item would cause a project
2844authorized by this item to become ineligible to receive federal funds which would otherwise
2845assist in the development of that project, the secretary may waive the terms of repayment which
2846would cause the project to become ineligible; (v) have interest rates that shall be fixed at a rate,
2847to be determined by the secretary of housing and livable communities, in consultation with the
2848state treasurer, that shall be equal to the rate anticipated to be that paid by the commonwealth for
2849bonds issued pursuant to section 8, which financing shall not exceed terms of 30 years; (vi) be
2850provided only for projects conforming to this act; and (vii) be issued in accordance with a
2851facilities consolidation plan prepared by the secretary of health and human services, reviewed
2852and approved by the secretary of housing and livable communities and filed with the secretary of
2853administration and finance and the house and senate committees on ways and means; provided
2854further, that no expenditures shall be made pursuant to this item without the prior approval of the
2855secretary of administration and finance; provided further, that not more than $10,000,000 shall 130 of 187
2856be expended from this item for a pilot program of community-based housing loans to serve
2857mentally-ill homeless individuals in the current or former care of the department of mental
2858health; provided further, that in implementing the pilot program, the executive office shall take
2859due consideration of a balanced geographic plan when establishing community-based residences;
2860provided further, that housing services made available pursuant to such loans shall not be
2861construed as a right or an entitlement for any individual or class of persons to the benefits of the
2862pilot program; provided further, that eligibility for the pilot program shall be established by
2863regulations promulgated by the executive office; provided further, that the executive office shall
2864promulgate emergency regulations pursuant to section 2 of chapter 30A of the General Laws for
2865the implementation of the community-based housing loan program and the mentally ill homeless
2866pilot loan program authorized by this item, consistent with the facilities consolidation plan
2867prepared by the secretary of health and human services and after consultation with said secretary
2868and the commissioner of capital asset management and maintenance.…………….$50,000,000.
2869 SECTION 75. Clause (2) of item 3722-8899 of section 2 of chapter 494 of the acts of
28701993 is hereby amended by striking out the words “unless and until the balance of the principal
2871and interest for said loan is repaid in full or unless and until a mortgage foreclosure deed is
2872recorded” and inserting in place thereof the following words:- until: (i) the balance of the
2873principal and interest for the loan has been repaid in full; (ii) a mortgage foreclosure deed has
2874been recorded; or (iii) there has been a disposition of the property and the executive office of
2875housing and livable communities has determined that relevant clients will be better served at an
2876alternative property and the proceeds from the disposition of the property shall be used, to the
2877extent necessary for replacement of the housing at the property to: (A) acquire such alternative
2878property; or (B) rehabilitate such alternative property. 131 of 187
2879 SECTION 76. Clause (4) of said item 3722-8899 of said section 2 of said chapter 494 is
2880hereby amended by striking out the words “provided, that the project continues to remain
2881affordable housing as set forth in the contract or agreement entered into for the duration of the
2882project by the department” and inserting in place thereof the following words:- provided, that the
2883project, whether at the original property or at an alternative property pursuant to clause (2),
2884continues to remain affordable housing as set forth in the contract or agreement entered into for
2885the duration of the project by the executive office.
2886 SECTION 77. Said item 3722-8899 of said section 2 of said chapter 494 is hereby further
2887amended by striking out clauses (6) to (8), inclusive, and inserting in place thereof the following
2888clause:- and (6) the executive office shall take due consideration of a balanced geographic plan
2889for such alternative forms of housing when issuing such loans.
2890 SECTION 78. The first paragraph of section 16 of chapter 179 of the acts of 1995 is
2891hereby amended by striking out, in line 3, the word “mobile” and inserting in place thereof the
2892following words:- either mobile vouchers or project-based.
2893 SECTION 79. The second paragraph of section 12 of chapter 257 of the acts of 1998, as
2894amended by section 52 of chapter 235 of the acts of 2000, is hereby further amended by striking
2895out clause (2) and inserting in place thereof the following clause:-
2896 (2) such loans shall only be issued when a contract or agreement for the use of the
2897property for such housing provides for the recording of a restriction in the registry of deeds or
2898the registry district of the land court in the county in which the affected real property is located,
2899for the benefit of the executive office of housing and livable communities, running with the land,
2900that the land shall be used for the purpose of providing alternative forms of rental and ownership 132 of 187
2901housing; provided, however, that such property shall not be released from such restriction until:
2902(i) the balance of the principal and interest for any such loan has been repaid in full; (ii) a
2903mortgage foreclosure deed has been recorded; or (iii) there has been a disposition of the property
2904and the executive office has determined that relevant clients will be better served at an
2905alternative property and the proceeds from the disposition of the property shall be used, to the
2906extent necessary, for replacement of the housing at the property to: (a) acquire such alternative
2907property; or (b) rehabilitate such alternative property.
2908 SECTION 80. Clause (3) of said second paragraph of said section 12 of said chapter 257,
2909as so amended, is hereby further amended by striking out the words “project continues to remain
2910affordable housing as set forth in the contract or agreement entered into for the duration of the
2911project by the department” and inserting in place thereof the following words:- project, whether
2912at the original property or at an alternative property pursuant to clause (2), continues to remain
2913affordable housing as set forth in the contract or agreement entered into for the duration of the
2914project by the executive office.
2915 SECTION 81. Said section 12 of said chapter 257, as so amended, is hereby further
2916amended by striking out clauses (5) to (7), inclusive, and inserting in place thereof the following
2917clause:-
2918 (5) the executive office shall take due consideration of a balanced geographic plan for
2919such alternative forms of housing when issuing such loans.
2920 SECTION 82. The second paragraph of section 5 of chapter 244 of the acts of 2002 is
2921hereby amended by striking out clause (2) and inserting in place thereof the following clause:- 133 of 187
2922 (2) such loans shall only be issued when a contract or agreement for the use of the
2923property for such housing provides for the recording of a restriction in the registry of deeds or
2924the registry district of the land court in the county in which the affected real property is located,
2925for the benefit of the executive office of housing and livable communities, running with the land,
2926that the land shall be used for the purpose of providing alternative forms of rental and ownership
2927housing; provided, however, that such property shall not be released from such restriction until:
2928(i) the balance of the principal and interest for any such loan has been repaid in full; (ii) a
2929mortgage foreclosure deed has been recorded; or (iii) there has been a disposition of the property,
2930and the executive office has determined that relevant clients will be better served at an
2931alternative property and the proceeds from the disposition of the property shall be used, to the
2932extent necessary, for replacement of the housing at the property to: (a) acquire such alternative
2933property; or (b) rehabilitate such alternative property;.
2934 SECTION 83. Clause (3) of said second paragraph of said section 5 of said chapter 244 is
2935hereby amended by striking out the words “project continues to remain affordable housing as set
2936forth in the contract or agreement entered into for the duration of the project by the department”
2937and inserting in place thereof the following words:- project, whether at the original property or at
2938an alternative property pursuant to clause (2), continues to remain affordable housing as set forth
2939in the contract or agreement entered into for the duration of the project by the executive office.
2940 SECTION 84. Said second paragraph of said section 5 of said chapter 244 is hereby
2941further amended by striking out clauses (5) to (7), inclusive, and inserting in place thereof the
2942following clause:- 134 of 187
2943 (5) the executive office shall take due consideration of a balanced geographic plan for
2944such alternative forms of housing when issuing such loans.
2945 SECTION 85. Item 4000-8201 of section 2E of chapter 290 of the acts of 2004 is hereby
2946amended by striking out clause (2) and inserting in place thereof the following clause:- (2) such
2947loans shall be issued only when any contract or agreement for the use of the property for such
2948housing provides for repayment to the commonwealth at the time of disposition of the property if
2949such property will no longer be subject to a recorded deed restriction pursuant to clause (3);
2950provided, however, that such repayment shall be an amount equal to the commonwealth’s
2951proportional contribution from this item to the cost of the development through payments made
2952by the state agency making the contract; provided further, that such repayment shall not be
2953required if the executive office of housing and livable communities, in consultation with the
2954Massachusetts rehabilitation commission, determines that relevant clients will be better served at
2955an alternative property and the proceeds from the disposition of the property shall be used, to the
2956extent necessary, for replacement of the housing at the property to: (i) acquire such alternative
2957property; or (ii) rehabilitate such alternative property.
2958 SECTION 86. Clause (3) of said item 4000-8201 of said section 2E of said chapter 290 is
2959hereby amended by striking out the words “provided further, that the property shall not be
2960released from such restrictions until the balance of the principal and interest for the loan is repaid
2961in full or until a mortgage foreclosure deed is recorded” and inserting in place thereof the
2962following words:- provided further, that the property shall not be released from such restrictions
2963unless: (A) the balance of the principal and interest for the loan has been repaid in full; (B) a
2964mortgage foreclosure deed has been recorded; or (C) the executive office of housing and livable 135 of 187
2965communities has determined pursuant to clause (2) that repayment to the commonwealth is not
2966required.
2967 SECTION 87. Clause (4) of said item 4000-8201 of said section 2E of said chapter 290 is
2968hereby amended by striking out the words “provided, however, that the project shall continue to
2969remain affordable housing for the duration of the loan term, as extended, as set forth in the
2970contract or agreement entered into by the department” and inserting in place thereof the
2971following words:- provided, however, that the project, whether at the original property or at an
2972alternative property pursuant to clause (2), shall continue to remain affordable housing for the
2973duration of the loan term, as extended, as set forth in the contract or agreement entered into by
2974the executive office.
2975 SECTION 88. Said item 4000-8201 of said section 2E of said chapter 290 is hereby
2976further amended by striking out clauses (6) and (7).
2977 SECTION 89. Said item 4000-8201 of said section 2E of said chapter 290 is hereby
2978further amended by striking out the figure “(8)” and inserting in place thereof the following
2979figure:- (6).
2980 SECTION 90. Said item 4000-8201 of said section 2E of said chapter 290 is hereby
2981further amended by striking out the figure “(9)” and inserting in place thereof the following
2982figure:- (7).
2983 SECTION 91. Said item 4000-8201 of said section 2E of said chapter 290 is hereby
2984further amended by striking out the figure “(10)” and inserting in place thereof the following
2985figure:- (8). 136 of 187
2986 SECTION 92. Item 4000-8202 of said section 2E of said chapter 290, as amended by
2987section 20 of chapter 6 of the acts of 2005, is hereby further amended by striking out clause (2)
2988and inserting in place thereof the following clause:- (2) such loans shall be issued only when any
2989contract or agreement for the use of the property for such housing provides for repayment to the
2990commonwealth at the time of disposition of the property if such property will no longer be
2991subject to a recorded deed restriction pursuant to clause (3); provided, however, that such
2992repayment shall be an amount equal to the commonwealth’s proportional contribution from the
2993Facilities Consolidation Fund to the cost of the development through payments made by the state
2994agency making the contract; provided further, that such repayment shall not be required if the
2995executive office of housing and livable communities, in consultation with the department of
2996mental health and the department of developmental services, determines that relevant clients will
2997be better served at an alternative property and the proceeds from the disposition of the property
2998shall be used, to the extent necessary for replacement of the housing at the property to: (i)
2999acquire such alternative property; or (ii) rehabilitate such alternative property;.
3000 SECTION 93. Clause (3) of said item 4000-8202 of said section 2E of said chapter 290,
3001as so amended, is hereby amended by striking out the words “provided, that the property shall
3002not be released from such restrictions until the balance of the principal and interest for the loan is
3003repaid in full or until a mortgage foreclosure deed is recorded” and inserting in place thereof the
3004following words:- provided, that the property shall not be released from such restrictions unless:
3005(i) the balance of the principal and interest for the loan has been repaid in full; (ii) a mortgage
3006foreclosure deed has been recorded; or (iii) the executive office of housing and livable
3007communities has determined pursuant to clause (2) that repayment to the commonwealth is not
3008required. 137 of 187
3009 SECTION 94. Clause (4) of said item 4000-8202 of said section 2E of said chapter 290,
3010as so amended, is hereby amended by striking out the words “provided, however, that the project
3011shall continue to remain affordable housing for the duration of the loan term, as extended, as set
3012forth in the contract or agreement entered into by the department” and inserting in place thereof
3013the following words:- provided, however, that the project, whether at the original property or at
3014an alternative property pursuant to clause (3), shall continue to remain affordable housing for the
3015duration of the loan term, as extended, as set forth in the contract or agreement entered into by
3016the executive office.
3017 SECTION 95. Said item 4000-8202 of said section 2E of said chapter 290, as so
3018amended, is hereby further amended by striking out clauses (6) and (7).
3019 SECTION 96. Said item 4000-8202 of said section 2E of said chapter 290, as so
3020amended, is hereby further amended by striking out the figure “(8)” and inserting in place thereof
3021the following figure:- (6).
3022 SECTION 97. Said item 4000-8200 of said section 2E of said chapter 290, as so
3023amended, is hereby further amended by striking out the figure “(9)” and inserting in place thereof
3024the following figure:- (7).
3025 SECTION 98. Said item 4000-8202 of said section 2E of said chapter 290, as so
3026amended, is hereby further amended by striking out the figure “(10)” and inserting in place
3027thereof the following figure:- (8).
3028 SECTION 99. Section 5 of chapter 293 of the acts of 2006 is hereby amended by
3029inserting after the definition of “Economic development project” the following definition:- 138 of 187
3030 “Eligible housing increment”, a new residential unit that may either be a single-family
3031house or 1 dwelling unit in a building or development containing 2 or more dwelling units,
3032which dwelling units may be rental units or units in a condominium or cooperative or a
3033combination thereof that is created as part of an economic development project and pursuant to
3034an infrastructure development assistance agreement approved by the secretary under this act.
3035 SECTION 100. Said section 5 of said chapter 293 is hereby further amended by striking
3036out the definition of “New revenue” and inserting in place thereof the following definition:-
3037 “New revenue”, revenue derived from a commercial or residential component of an
3038economic development project by the creation of any eligible new jobs or eligible housing
3039increments or by new economic activity that would otherwise not have taken place on the
3040commercial component or on or as a result of the residential component, as each may be more
3041fully defined by any rules, regulations or guidelines promulgated by the secretary or the
3042commissioner.
3043 SECTION 101. The definition of “New state tax revenues” in said section 5 of said
3044chapter 293 is hereby amended by inserting after the word “components”, in line 2, the following
3045words:- or on account of the residential components.
3046 SECTION 102. Said section 5 of said chapter 293, is hereby further amended by inserting
3047after the definition of “Public infrastructure improvements” the following definition:-
3048 “Residential component”, any component of an economic development project
3049comprising 1 or more eligible housing increments, as more fully described in, or determined in
3050accordance with, a certified economic development project. 139 of 187
3051 SECTION 103. Subsection (a) of section 7 of said chapter 293 is hereby amended by
3052inserting after the word “commercial”, in line 9, the following words:- or residential.
3053 SECTION 104. Said subsection (a) of said section 7 of said chapter 293 is hereby further
3054amended by inserting after the words “commercial”, in line 11, the following words:- and
3055residential.
3056 SECTION 105. Subsection (c) of said section 7 of said chapter 293 is hereby amended by
3057inserting after the word “commercial”, in line 16, the following words:- and residential.
3058 SECTION 106. Subsection (e) of said section 7 of said chapter 293, added by section 7 of
3059chapter 129 of the acts of 2008, is hereby amended by inserting after the word “met”, in line 11,
3060the following words:- and, with respect to projects which include a residential component, shall
3061give priority to projects within an MBTA community as defined in section 1A of chapter 40A of
3062the General Laws; provided, however, that such MBTA community shall be in compliance with
3063section 3A of said chapter 40A.
3064 SECTION 107. Subsection (a) of section 10 of said chapter 293, as amended by section
306510 of said chapter 129, is hereby further amended by inserting after the word “commercial” the
3066following words:- or residential.
3067 SECTION 108. Said subsection (a) of said section 10 of said chapter 293, as so amended,
3068is hereby further amended by inserting after the words “each commercial”, each time they
3069appear, the following words:- or residential. 140 of 187
3070 SECTION 109. Subsection (b) of said section 10 of said chapter 293, as appearing in
3071section 11 of said chapter 129, is hereby amended by inserting after the word “commercial”,
3072each time it appears, the following words:- or residential.
3073 SECTION 110. Subsection (c) of said section 10 of said chapter 293 is hereby amended
3074by inserting after the word “commercial ”, in lines 3 and 5, each time it appears, the following
3075words:- or residential.
3076 SECTION 111. Item 7004-0029 of section 2 of chapter 119 of the acts of 2008 is hereby
3077amended by striking out clause (2) and inserting in place thereof the following clause:- (2) be
3078issued only when a contract or agreement for the use of the property for such housing provides
3079for repayment to the commonwealth at the time of disposition of the property if such property
3080will no longer be subject to a recorded deed restriction pursuant to clause (3); provided, however,
3081that such repayment shall be in an amount equal to the commonwealth’s proportional
3082contribution from the Facilities Consolidation Fund to the cost of the development through
3083payments made by the state agency making the contract; provided further, that such repayment
3084shall not be required if the executive office of housing and livable communities, in consultation
3085with the department of mental health and the department of developmental services, determines
3086that relevant clients will be better served at an alternative property and the proceeds from the
3087disposition of the property shall be used, to the extent necessary for replacement of the housing
3088at the property to: (i) acquire such alternative property; or (ii) rehabilitate such alternative
3089property.
3090 SECTION 112. Clause (3) of said item 7004-0029 of said section 2 of said chapter 119 is
3091hereby amended by striking out the words “provided, that the property shall not be released from 141 of 187
3092such restriction until the balance of the principal and interest for the loan has been repaid in full
3093or until a mortgage foreclosure deed has been recorded” and inserting in place thereof the
3094following words:- provided, that the property shall not be released from such restriction unless:
3095(i) the balance of the principal and interest for the loan has been repaid in full; (ii) a mortgage
3096foreclosure deed has been recorded; or (iii) the executive office of housing and livable
3097communities has determined pursuant to clause (2) that repayment to the commonwealth is not
3098required.
3099 SECTION 113. Clause (4) of said item 7004-0029 of said section 2 of said chapter 119 is
3100hereby amended by striking out the words “provided, however, that the project shall remain
3101affordable housing for the duration of the loan term, including any extension thereof, as set forth
3102in the contract or agreement entered into by the department” and inserting in place thereof the
3103following words:- provided, however, that the project, whether at the original property or at an
3104alternative property pursuant to clause (2), shall remain affordable housing for the duration of the
3105loan term, including any extensions thereof, as set forth in the contract or agreement entered into
3106by the executive office.
3107 SECTION 114. Clause (5) of said item 7004-0029 of said section 2 of said chapter 119 is
3108hereby amended by striking out the words “; provided further, that expenditures from this item
3109shall not be made for the purpose of refinancing outstanding mortgage loans for community-
3110based housing in existence prior to the effective date of this act; provided further, that
3111community-based housing projects developed pursuant to this item shall not be refinanced during
3112the term of any loan issued pursuant to this item unless the balance of the principal and interest
3113for such loan has been repaid in full at the time of such refinancing; provided further, that the
3114community-based housing projects may be refinanced if the refinancing would result in a 142 of 187
3115reduction of costs paid by the commonwealth; provided further, that a refinanced loan shall be
3116due and payable on a date not later than the date on which the original loan was due and payable,
3117except in accordance with clause (4) when necessary to effect extraordinary repairs or
3118maintenance which shall be approved by the commissioner of mental retardation or the
3119commissioner of mental health, as the case may be, and the department”.
3120 SECTION 115. Item 7004-0030 of said section 2 of said chapter 119 is hereby amended
3121by striking out clause (2) and inserting in place thereof the following clause:-
3122 (2) be issued only when a contract or agreement for the use of the property for such
3123housing provides for repayment to the commonwealth at the time of disposition of the property if
3124such property will no longer be subject to a recorded deed restriction pursuant to clause (3);
3125provided, however, that such repayment shall be in an amount equal to the commonwealth’s
3126proportional contribution from community-based housing to the cost of the development through
3127payments made by the state agency making the contract; provide further, that such repayment
3128shall not be required if the executive office of housing and livable communities, in consultation
3129with the Massachusetts rehabilitation commission, determines that relevant clients will be better
3130served at an alternative property and the proceeds from the disposition of the property shall be
3131used, to the extent necessary for replacement of the housing at the property to: (i) acquire such
3132alternative property; or (ii) rehabilitate such alternative property.
3133 SECTION 116. Clause (3) of said item 7004-0030 of said section 2 of said chapter 119 is
3134hereby amended by striking out the words “until the balance of the principal and interest for the
3135loan has been repaid in full or until a mortgage foreclosure deed has been recorded” and inserting
3136in place thereof the following words:- unless: (A) the balance of the principal and interest for the 143 of 187
3137loan has been repaid in full; (B) a mortgage foreclosure deed has been recorded; or (C) the
3138executive office of housing and livable communities has determined pursuant to clause (2) that
3139repayment to the commonwealth is not required.
3140 SECTION 117. Clause (4) of said item 7004-0030 of said section 2 of said chapter 119 is
3141hereby amended by striking out the words “project shall continue to remain affordable housing
3142for the duration of the loan term, including any extensions thereof, as set forth in the contract or
3143agreement entered into by the department” and inserting place thereof the following words:-
3144project, whether at the original property or at an alternative property pursuant to clause (2), shall
3145continue to remain affordable housing for the duration of the loan term, including any extensions
3146thereof, as set forth in the contract or agreement entered into by the executive office.
3147 SECTION 118. Said item 7004-0030 of said section 2 of said chapter 119 is hereby
3148further amended by striking out clause (5) and inserting in place thereof the following clause:-
3149(5) have interest rates fixed at a rate, to be determined by the executive office, in consultation
3150with the state treasurer; provided, however, that the loans shall be issued in accordance with an
3151enhancing community-based services plan prepared by the secretary of health and human
3152services, in consultation with the executive office and filed with the secretary for administration
3153and finance and the house and senate committees on ways and means and the joint committee on
3154housing; provided further, that no expenditure shall be made from this item without the prior
3155approval of the secretary for administration and finance; provided further, that the executive
3156office shall promulgate regulations pursuant to chapter 30A of the General Laws for the
3157implementation, administration and enforcement of this item and such regulations shall be
3158consistent with the enhancing community-based services plan prepared by the secretary of health 144 of 187
3159and human services, after consultation with the secretary and the commissioner of capital asset
3160management and maintenance.
3161 SECTION 119. Sections 30, 36 and 98 of chapter 238 of the acts of 2012 are hereby
3162repealed.
3163 SECTION 120. Item 7004-0040 of section 2 of chapter 129 of the acts of 2013 is hereby
3164amended by striking out clause (ii) and inserting in place thereof the following clause:-
3165 (ii) be issued only when a contract or agreement for the use of the property for such
3166housing provides for repayment to the commonwealth at the time of disposition of the property if
3167such property will no longer be subject to a recorded deed restriction pursuant to clause (iii);
3168provided, however, that such repayment shall be in an amount equal to the commonwealth’s
3169proportional contribution from the Facilities Consolidation Fund to the cost of the development
3170through payments made by the state agency making the contract; provided further, that such
3171repayment shall not be required if the executive office of housing and livable communities, in
3172consultation with the department of mental health and the department of developmental services,
3173determines that relevant clients will be better served at an alternative property and the proceeds
3174from the disposition of the property shall be used, to the extent necessary for replacement of the
3175housing at the property, to: (A) acquire such alternative property; or (B) rehabilitate such
3176alternative property.
3177 SECTION 121. Clause (iii) of said item 7004-0040 of said section 2 of said chapter 129
3178is hereby amended by striking out the words “until the balance of the principal and interest for
3179the loan has been repaid in full or until a mortgage foreclosure deed has been recorded” and
3180inserting in place thereof the following words:- unless: (A) the balance of the principal and 145 of 187
3181interest for the loan has been repaid in full; (B) a mortgage foreclosure deed has been recorded;
3182or (C) the executive office of housing and livable communities has determined pursuant to clause
3183(ii) that repayment to the commonwealth is not required.
3184 SECTION 122. Clause (iv) of said item 7004-0040 of said section 2 of said chapter 129
3185is hereby amended by striking out the words “provided further, that the project shall remain
3186affordable housing for the duration of the loan term, including any extension thereof, as set forth
3187in the contract or agreement entered into by the department” and inserting in place thereof the
3188following words:- provided further, that the project, whether at the original property or an
3189alternative property pursuant to clause (ii), shall remain affordable housing for the duration of
3190the loan term, including any extensions thereof, as set forth in the contract or agreement entered
3191into by the executive office.
3192 SECTION 123. Item 7004-0041 of said section 2 of said chapter 129 is hereby amended
3193by striking out clause (ii) and inserting in place thereof the following clause:- (ii) be issued only
3194when a contract or agreement for the use of the property for the purposes of such housing
3195provides for repayment to the commonwealth at the time of disposition of the property if such
3196property will no longer be subject to a recorded deed restriction pursuant to clause (iii); provided,
3197however, that such repayment shall be in an amount equal to the commonwealth’s proportional
3198contribution from community-based housing to the cost of the development through payments
3199made by the state agency making the contract; provided further, however, that such repayment
3200shall not be required if the executive office of housing and livable communities, in consultation
3201with the Massachusetts rehabilitation commission, determines that relevant clients will be better
3202served at an alternative property and the proceeds from the disposition of the property will be 146 of 187
3203used, to the extent necessary for replacement of the housing at the property, to: (A) to acquire
3204such alternative property; or (B) to rehabilitate such alternative property;.
3205 SECTION 124. Clause (iii) of said item 7004-0041 of said section 2 of said chapter 129
3206is hereby amended by striking out the words “until the balance of the principal and interest for
3207the loan has been repaid in full or until a mortgage foreclosure deed has been recorded” and
3208inserting in place thereof the following words:- unless: (A) the balance of the principal and
3209interest for the loan has been repaid in full; (B) a mortgage foreclosure deed has been recorded;
3210or (C) the executive office of housing and livable communities has determined pursuant to clause
3211(ii) that repayment to the commonwealth is not required.
3212 SECTION 125. Clause (iv) of said item 7004-0041 of said section 2 of said chapter 129
3213is hereby amended by striking out the words “project shall continue to remain affordable housing
3214for the duration of the loan term, including any extensions thereof, as set forth in the contract or
3215agreement entered into by the department” and inserting place thereof the following words:-
3216project, whether at the original property or an alternative property pursuant to clause (ii), shall
3217continue to remain affordable housing for the duration of the loan term, including any extensions
3218thereof, as set forth in the contract or agreement entered into by the executive office.
3219 SECTION 126. Item 7004-0050 of section 2 of chapter 99 of the acts of 2018 is hereby
3220amended by striking out clause (ii) and inserting in place thereof the following clause:-
3221 (ii) not be issued unless a contract or agreement for the use of the property for such
3222housing provides for repayment to the commonwealth at the time of disposition of the property if
3223such property will no longer be subject to a recorded deed restriction pursuant to clause (iii);
3224provided, however, that such repayment shall be in an amount equal to the commonwealth’s 147 of 187
3225proportional contribution from the Facilities Consolidation Fund to the cost of the development
3226through payments made by the state agency making the contract; provided further, however, that
3227such repayment shall not be required if the executive office of housing and livable communities,
3228in consultation with the department of mental health and the department of developmental
3229services, determines that relevant clients will be better served at an alternative property and the
3230proceeds from the disposition of the property will be used, to the extent necessary for
3231replacement of the housing at the property, to: (A) acquire such alternative property; or (B)
3232rehabilitate such alternative property.
3233 SECTION 127. Said item 7004-0050 of said section 2 of said chapter 99 is hereby further
3234amended by striking out the words “until the balance of the principal and interest for the loan has
3235been repaid in full or until a mortgage foreclosure deed has been recorded” and inserting in place
3236thereof the following words:- unless: (A) the balance of the principal and interest for the loan has
3237been repaid in full; (B) a mortgage foreclosure deed has been recorded; or (C) the executive
3238office of housing and livable communities has determined pursuant to clause (ii) that repayment
3239to the commonwealth is not required.
3240 SECTION 128. Said item 7004-0050 of said section 2 of said chapter 99 is hereby further
3241amended by striking out the words “shall remain affordable housing for the duration of the loan
3242term, including any extension thereof, as set forth in the contract or agreement entered into by
3243the department” and inserting in place thereof the following words:-, whether at the original
3244property or an alternative property pursuant to clause (ii), shall remain affordable housing for the
3245duration of the loan term, including any extensions thereof, as set forth in the contract or
3246agreement entered into by the executive office. 148 of 187
3247 SECTION 129. Item 7004-0051 of said section 2 of said chapter 99 is hereby amended
3248by striking out clause (ii) and inserting in place thereof the following clause:- (ii) not be issued
3249unless a contract or agreement for the use of the property for the purposes of such housing
3250provides for repayment to the commonwealth at the time of disposition of the property if such
3251property will no longer be subject to a recorded deed restriction pursuant to clause (iii); provided,
3252however, that such repayment shall be in an amount equal to the commonwealth’s proportional
3253contribution from community-based housing to the cost of the development through payments
3254made by the state agency making the contract; provided further, however, that such repayment
3255shall not be required if the executive office of housing and livable communities, in consultation
3256with the Massachusetts rehabilitation commission, determines that relevant clients will be better
3257served at an alternative property and the proceeds from the disposition of the property will be
3258used, to the extent necessary for replacement of the housing at the property, to: (A) acquire such
3259alternative property; or (B) rehabilitate such alternative property;.
3260 SECTION 130. Said item 7004-0051 of said section 2 of said chapter 99 is hereby further
3261amended by striking out the words “until the balance of the principal and interest for the loan has
3262been repaid in full or until a mortgage foreclosure deed has been recorded” and inserting in place
3263thereof the following words:- unless: (A) the balance of the principal and interest for the loan has
3264been repaid in full; (B) a mortgage foreclosure deed has been recorded; or (C) the executive
3265office of housing and livable communities has determined pursuant to clause (ii) that repayment
3266to the commonwealth is not required.
3267 SECTION 131. Said item 7004-0051 of said section 2 of said chapter 99 is hereby further
3268amended by striking out the words “shall continue to remain affordable housing for the duration
3269of the loan term, including any extensions thereof, as set forth in the contract or agreement 149 of 187
3270entered into by the department” and inserting place thereof the following words:-, whether at the
3271original property or an alternative property pursuant to clause (ii), shall continue to remain
3272affordable housing for the duration of the loan term, including any extensions thereof, as set
3273forth in the contract or agreement entered into by the executive office.
3274 SECTION 132. Notwithstanding any general or special law, rule or regulation to the
3275contrary, the architectural access board established in section 13A of chapter 22 of the General
3276Laws shall determine the value of any multiple dwelling as defined in 521 CMR 5.00 that is
3277owned, constructed or renovated by a housing authority as defined in section 1 of chapter 121B
3278of the General Laws by setting a replacement cost that is determined by and reflected in the
3279executive office of housing and livable communities’ Capital Planning System survey and
3280database for state-funded public housing. For such dwellings that are not included in the survey
3281and database, the replacement cost shall be calculated by the executive office based on the
3282replacement cost for comparable dwellings that are included in the survey and database. The
3283executive office shall supplement the survey and database on file with the architectural access
3284board for any such dwelling by preparing and filing documentation identifying the replacement
3285cost for the dwelling and the method by which it was calculated.
3286 SECTION 133. The secretary of housing and livable communities shall convene a
3287stakeholder working group to make recommendations for regulatory and legislative change
3288necessary to comprehensively address the remediation of residential property foundations that
3289have deteriorated due to the presence of pyrite or pyrrhotite. The working group shall convene
3290not later than 30 days after the effective date of this act, and shall include: the secretary of
3291housing and livable communities or a designee, who shall serve as chair; the secretary of
3292transportation or a designee; the undersecretary of consumer affairs and business regulation or a 150 of 187
3293designee; the commissioner of insurance or a designee; the commissioner of banks or a designee;
32943 members appointed by the attorney general who shall have experience in advocating for
3295homeowners and consumers; the chairs and ranking minority members of the joint committee on
3296environment and natural resources; a representative of Massachusetts Residents Against
3297Crumbing Foundations; a representative of the Massachusetts Concrete & Aggregate Producers
3298Association, Inc.; a representative of the Massachusetts Municipal Association Inc.; a
3299representative of the Massachusetts Insurance Federation Inc.; and a representative of the
3300Massachusetts Mortgage Bankers Association, Inc.
3301 The working group shall examine: (i) which executive office, department, agency or
3302bureau within an executive office, if any, is best equipped to administer a program to assist
3303residential property owners impacted by the presence of pyrite or pyrrhotite, including
3304administering the Crumbling Concrete Assistance Fund established under section 2FFFFFF of
3305chapter 29 of the General Laws, or which executive office or department is best equipped to
3306oversee a new agency or bureau; (ii) relevant models to assist impacted homeowners, including,
3307but not limited to, a captive insurance company, a supplemental loan program, an interstate
3308agreement with a captive insurance company with expertise in assessing residential property
3309foundation claims, property tax abatement and waiving local and state permit fees; (iii) models to
3310fund said Crumbling Concrete Assistance Fund, including, but not limited to: (a) insurance
3311surcharges on certain homeowners insurance policies, not to exceed $12 annually, and when and
3312on which policies the surcharge applies and (b) other sources of state and federal funding
3313opportunities; and (iv) methods to improve consumer protection through means such as
3314disclosures, appointment of a homeowner advocate within a department, agency or bureau to
3315assist impacted homeowners or consumer education. 151 of 187
3316 The working group shall submit its report and any recommendations to the clerks of the
3317senate and house of representatives, the joint committee on environment and natural resources,
3318the joint committee on housing and the senate and house committees on ways and means not
3319later than February 1, 2025.
3320 SECTION 134. (a) Notwithstanding any general or special law to the contrary, there shall
3321be a special commission to study and make recommendations on creating affordable and healthy
3322senior housing. The commission’s recommendations shall include, but not be limited to,
3323strategies to better align housing, homecare and healthcare policy and programs to increase
3324access and opportunity for residents to age in their community, including examining the benefit
3325of providing incentives to young families to house elder adults family members to limit
3326loneliness in adult populations, assist young families and limit the overall cost to the
3327commonwealth.
3328 (b) The commission shall consist of: the secretary of housing and livable communities or
3329a designee, who shall serve as chair; the secretary of health and human services or a designee;
3330the secretary of elder affairs or a designee; the chairs of the joint committee on elder affairs or
3331their designees; the chairs of the joint committee on housing or their designees; 1 member
3332appointed by the minority leader of the house of representatives; 1 member appointed by the
3333minority leader of the senate; 1 member appointed by the secretary of housing and livable
3334communities who shall represent an affordable housing financing agency; 1 member
3335representing Citizens Housing and Planning Association, Inc.; 1 member representing the Mass
3336Home Care Association; 1 member representing MassPACE, Inc.; 1 member representing
3337Massachusetts Association of Councils on Aging, Inc.; 1 member representing LeadingAge
3338Massachusetts, Inc.; 1 member representing Massachusetts Senior Action Council, Inc; 1 152 of 187
3339member representing AARP Massachusetts; 1 member representing 2Life Communities Inc.; 1
3340member representing Hebrew SeniorLife, Inc.; and 2 members appointed by the governor who
3341shall represent nonprofit housing developers with experience developing affordable senior rental
3342housing.
3343 (c) The study shall include, but not be limited to: (i) mapping out the economic profile of
3344older adults; (ii) determining gaps in services to older adults; (iii) identifying best practices for
3345creating supportive senior housing with sustainable funding; (iv) determining strategies for
3346connecting and streamlining services supporting older adults in their community, including
3347identifying federal waivers or other actions to support integration of such services; (v)
3348identifying partners to create opportunities for supportive housing development that incorporates
3349health care infrastructure and service; (vi) estimating the costs and potential impact of programs
3350and recommending comprehensive strategies; (vii) recommendations for creating academic
3351partnerships to document and evaluate program innovations; (viii) an analysis of the projected
3352demand for senior housing in the 5 years following the first meeting of the commission; (ix)
3353recommendations to ensure senior housing is physically accessible and compliant with the
3354Americans with Disabilities Act; (x) a review of barriers to necessary housing modifications and
3355potential funding sources; (xi) recommendations to encourage development of senior housing in
3356areas within reasonable walking distance of amenities and public transportation; (xii) an
3357evaluation of age-restricted housing and intergenerational housing with respect to costs, tenant
3358preferences, accessibility and safety; (xiii) analysis of models of community-based housing that
3359provide medical support, including residential care homes, rest homes and small house nursing
3360homes; and (xiv) recommendations for design and infrastructure features including, but not 153 of 187
3361limited to, increased ventilation and functional outdoor space for the purpose of preventing the
3362spread of contagious diseases.
3363 (d) The commission shall file a report of the study with the clerks of the senate and house
3364of representatives, the joint committee on elder affairs and the joint committee on housing not
3365later than June 30, 2025.
3366 SECTION 135. (a) As used in this section and sections 136 and 137, the following words
3367shall have the following meanings unless the context clearly requires otherwise:
3368 “Affordable housing purposes”, development of multi-family housing, of which either: (i)
3369not less than 25 per cent shall be affordable to households with incomes at or below 80 per cent
3370of the area median income, adjusted for household size; or (ii) not less than 20 per cent shall be
3371affordable to households with incomes at or below 50 per cent of the area median income,
3372adjusted for household size; provided, that affordable housing purposes may include subsequent
3373conveyance by a public agency, other than a state agency, with a restriction for affordable
3374housing purposes.
3375 “Commissioner”, the commissioner of capital asset management and maintenance.
3376 “Housing purposes”, development of housing for use as the primary residence of the
3377occupant including, but not limited to, market rate housing, affordable housing and public
3378housing; provided, however, that housing purposes may include subsequent conveyance by a
3379public agency, other than a state agency, with a restriction for housing purposes; provided
3380further, that housing purposes shall include affordable housing purposes. 154 of 187
3381 “Public agency”, as defined in section 1 of chapter 7C of the General Laws; provided,
3382however, that “public agency” shall include the Massachusetts Department of Transportation, the
3383Massachusetts Bay Transportation Authority and the University of Massachusetts Building
3384Authority; provided further, that “public agency” shall not include cities, towns or counties or
3385any boards, committees, commissions or other instrumentalities thereof, or any agency that is a
3386state agency as defined in said section 1 of said chapter 7C.
3387 “Public institution of higher education”, as defined in section 5 of chapter 15A of the
3388General Laws.
3389 “Real property”, as defined in said section 1 of chapter 7C of the General Laws.
3390 “Real property of a public agency”, as defined in section 32 of chapter 7C of the General
3391Laws.
3392 “Real property of the commonwealth”, real property of a state agency consistent with
3393chapter 7C of the General Laws.
3394 “Secretary”, the secretary for administration and finance.
3395 “State agency”, as defined in section 1 of chapter 7C of the General Laws; provided,
3396however, that “state agency” shall not include counties.
3397 “Surplus real property”, (i) real property of the commonwealth that has been determined
3398by the commissioner to be surplus: (A) to the current and foreseeable needs of the
3399commonwealth pursuant to clause (i) of paragraph (2) of subsection (b); or (B) to the current
3400and foreseeable needs of a state agency pursuant to section 33 or 34 of chapter 7C of the General
3401Laws; or (ii) real property of a public agency determined by the commissioner to be surplus to 155 of 187
3402the current and foreseeable needs of the public agency, as determined by the public agency;
3403provided, however, that “surplus real property” shall not include property subject to Article
3404XCVII of the Amendments to the Constitution of the Commonwealth.
3405 (b)(1) Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the General Laws or
3406any other general or special law to the contrary, the commissioner may sell, lease for a term not
3407to exceed 99 years, transfer or otherwise dispose of surplus real property for housing purposes.
3408 (2)(i) The commissioner may, in consultation with the secretary and the secretary of
3409housing and livable communities, determine whether real property of the commonwealth is
3410surplus real property and shall be disposed of for housing purposes; provided, however, that prior
3411to determining that the real property is surplus real property, the commissioner shall provide a
3412suitable written notice and inquiry to the state agency with care and control of the real property
3413with a date certain required for any response. If no written response is timely received from the
3414state agency specifying a current or foreseeable need for the real property, the commissioner
3415shall declare such real property as surplus real property and dispose of such surplus real property
3416for housing purposes. If a written response is timely received from the state agency specifying a
3417current or foreseeable need for the real property, the commissioner shall, in consultation with the
3418secretary, the secretary of housing and livable communities and such state agency, determine
3419whether the real property shall be declared surplus real property and disposed of for housing
3420purposes.
3421 (ii) Notwithstanding sections 32 to 37, inclusive, of said chapter 7C or any other general
3422or special law to the contrary, if any real property of the commonwealth is determined to be
3423surplus to the current needs, but not to the foreseeable needs, of any state agency, the 156 of 187
3424commissioner shall take such necessary action to ensure that any disposition of the real property
3425is temporary and maintains the commissioner’s ability to make such real property available to a
3426state agency as needed.
3427 (iii) Notwithstanding sections 32 to 37, inclusive, of said chapter 7C or any other general
3428or special law to the contrary, the commissioner may, in consultation with the secretary and the
3429secretary of housing and livable communities, make real property of the commonwealth that has
3430been determined to be surplus to the current needs, but not the foreseeable needs, of any state
3431agency available for a period of time not to exceed the foreseeable need of any state agency for
3432housing and related purposes to municipalities, public agencies and nonprofit organizations for
3433nominal consideration.
3434 (3) The president of a public institution of higher education may, with the approval of the
3435commissioner of higher education, determine that property of any such public institution of
3436higher education is surplus to the current and foreseeable needs of such institution and the
3437commissioner may dispose of such property for housing purposes, provided that the institution’s
3438board of trustees does not disapprove of such determination within 60 days after the president’s
3439determination.
3440 (4)(i) The governor may identify parcels of land owned or controlled by a public agency
3441and any buildings or improvements thereon as potential surplus real property by submitting a
3442written notice to the public agency. Not later than 30 days after receipt of the notice, the public
3443agency shall determine whether such real property is surplus to its current and foreseeable needs.
3444If the public agency determines that the real property is not surplus to its current and foreseeable 157 of 187
3445needs, such public agency shall respond in writing not later than 30 days after receipt of a request
3446by the governor, specifying the reason for its determination.
3447 (ii) The commissioner may, in consultation with the secretary and the secretary of
3448housing and livable communities, enter into agreements with a public agency to dispose of
3449surplus real property of the public agency for housing purposes; provided, however, that the
3450commissioner shall not be required to determine if the real property of the public agency is
3451surplus to the current and foreseeable needs of the commonwealth and shall not be required to
3452provide written notice and inquiry to any public agency.
3453 (c) Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the General Laws or
3454any other general or special law to the contrary, the commissioner may amend a use restriction
3455held by the commonwealth for general municipal purposes or for any other purpose, except those
3456purposes subject to Article XCVII of the Amendments to the Constitution of the Commonwealth,
3457including housing purposes.
3458 (d)(1) Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the General Laws or
3459any other general or special law to the contrary, if the commissioner, in consultation with the
3460secretary and the secretary of housing and livable communities, determines that real property is
3461surplus real property pursuant to clause (i) of paragraph (2) of subsection (b) or the
3462commissioner enters into an agreement with a public agency pursuant to clause (ii) of paragraph
3463(4) of said subsection (b), the commissioner shall: (i) provide written notice, for each city or
3464town in which the property is located, to the city manager in the case of a city under Plan E form
3465of government, the mayor and city council in the case of all other cities, the chair of the board of
3466selectmen or the select board in the case of a town, the county commissioners, the chair of the 158 of 187
3467zoning board of appeals, the chair of the planning board, the regional planning agency and the
3468members of the general court representing the city or town in which the property is located. The
3469notice shall include a statement that the proposed reuse of the property is for housing purposes,
3470with a date certain for any response which shall be not less than 30 days from the date of such
3471notice; (ii) following the date certain set forth in the notice, declare the real property available for
3472disposition and identify all reuse restrictions including, but not limited to, a restriction for
3473housing purposes; and (iii) ensure that any deed, lease or other disposition agreement shall: (A)
3474set forth all reuse restrictions including, but not limited to, a restriction for housing purposes; (B)
3475provide for effective remedies on behalf of the commonwealth; and (C) provide, in the event of a
3476failure to comply with the reuse restrictions by the grantee, lessee or other recipient, that title or
3477such lesser interest that may have been conveyed may revert to the commonwealth. The
3478commissioner shall, in identifying reuse restrictions for such property, consider in good faith any
3479comments presented by local officials and members of the general court representing each city or
3480town in which the property is located.
3481 (2) The commissioner shall, in consultation with the secretary of housing and livable
3482communities, dispose of surplus real property: (i) by utilizing appropriate competitive processes
3483and procedures; or (ii) through a sales-partnership agreement with the municipality wherein said
3484real property is located; provided, however, that the sales-partnership agreement shall require the
3485municipality to utilize appropriate competitive processes and procedures; provided further, that
3486the sales-partnership agreement may require the municipality to utilize said competitive
3487processes and select a developer prior to disposition of the real property; provided further, that
3488the commissioner may transfer the real property directly to the selected developer pursuant to the
3489sale-partnership agreement; and provided further, that the sales-partnership agreement may 159 of 187
3490provide for payment to the municipality in an amount not to exceed 50 per cent of the net sales
3491price paid to the commonwealth, as determined by the commissioner. A competitive process
3492pursuant to clause (i) may include, but shall not be limited to, absolute auction, sealed bids and
3493requests for price and development proposals. The commissioner may accept any consideration
3494for surplus real property disposed of pursuant to this section deemed appropriate by the
3495commissioner and the secretary of housing and livable communities. The commissioner shall
3496prioritize disposition of surplus real property for affordable housing purposes.
3497 (3) Not less than 30 days before the date of an auction or the date on which bids or
3498proposals or other offers to purchase or lease surplus real property are due, the commissioner
3499shall place a notice in the central register published by the state secretary pursuant to section 20A
3500of chapter 9 of the General Laws stating the availability of such property, the nature of the
3501competitive process and other information deemed relevant, including the time and location of
3502the auction, the submission of bids or proposals and the opening thereof. The commissioner shall
3503not be required to place said notice if the property is conveyed: (i) to a municipality or developer
3504selected by a municipality in accordance with paragraph (2); or (ii) for nominal consideration in
3505accordance with clause (ii) of paragraph (2) of subsection (e).
3506 (4) All surplus real property shall be conveyed with a restriction for housing purposes.
3507The deed or other instrument conveying the surplus real property shall provide that said real
3508property shall be used solely for housing purposes.
3509 (5) The commissioner shall place a notice in the central register identifying the
3510municipality, public agency, individual or firm selected as party to the real property transaction,
3511along with the amount of such transaction. If the commissioner accepts an amount below the 160 of 187
3512value calculated pursuant to paragraph (1) of subsection (e), the commissioner shall include the
3513justification therefor, specifying the difference between the calculated value and the price
3514received.
3515 (e)(1) The commissioner shall establish the value of surplus real property using
3516customarily accepted appraisal methodologies. The value shall be calculated for: (i) the highest
3517and best use of the property as may be encumbered; and (ii) subject to uses, restrictions and
3518encumbrances defined by the commissioner. If the commonwealth retains responsibility for
3519maintaining the property, the terms shall not provide for payment of less than the annual
3520maintenance costs.
3521 (2)(i) Notwithstanding paragraph (1), the commissioner may, in consultation with the
3522secretary and the secretary of housing and livable communities, dispose of surplus real property
3523for nominal consideration; provided, however, that any such surplus real property shall be
3524conveyed with a restriction for affordable housing purposes. The deed or other instrument
3525conveying the surplus real property shall provide that the property shall be used solely for
3526affordable housing purposes and may include a reversionary clause that stipulates that if the
3527parcel ceases at any time to be used for affordable housing purposes, title to the parcel shall, at
3528the election of the commonwealth, revert to the commonwealth.
3529 (ii) Notwithstanding any time limits established in section 7 of chapter 184A of the
3530General Laws or any general or special law to the contrary, the reversionary clause may be
3531enforceable. 161 of 187
3532 (iii) The commissioner may, in consultation with the secretary and the secretary of
3533housing and livable communities, amend a use restriction held by the commonwealth to include
3534housing purposes.
3535 (f) Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the General Laws or
3536any other general or special law to the contrary, the commissioner may, in consultation with the
3537secretary, the secretary of housing and livable communities and the state agency with care and
3538control of real property, transfer care and control of real property between state agencies for
3539housing purposes.
3540 (g)(1) No agreement for the sale, lease, transfer or other disposition of surplus real
3541property and no deed executed by or on behalf of the commonwealth shall be valid unless such
3542agreement or deed contains the following certification, signed by the commissioner:
3543 “The undersigned certifies under penalties of perjury that I have fully complied with
3544requirements of law related to any real property described herein.”
3545 (2) No agreement for the sale, lease, transfer or other disposition of surplus real property
3546shall be valid unless the purchaser or lessee has executed and filed with the commissioner the
3547statement required by section 38 of chapter 7C of the General Laws.
3548 (h) The grantee or lessee of any surplus real property shall be responsible for all costs
3549relating to the conveyance, including, but not limited to, appraisals, surveys, plans, recordings
3550and any other expenses, as shall be deemed necessary by the commissioner.
3551 (i) The commissioner shall deposit the proceeds from any disposition of real property
3552pursuant to this section into the surplus real property disposition fund established in section 137. 162 of 187
3553 (j) The commissioner may, in consultation with the secretary of housing and livable
3554communities, promulgate regulations to implement this section.
3555 SECTION 136. (a) Notwithstanding chapter 40A of the General Laws or any other
3556general or special law or local zoning or municipal ordinance or by-law to the contrary, a city or
3557town shall permit the residential use of real property conveyed by the commissioner pursuant to
3558section 135 for housing purposes as of right, as defined in section 1A of said chapter 40A,
3559notwithstanding any use limitations otherwise applicable in the zoning district in which the real
3560property is located including, but not limited to, commercial, mixed-use development or
3561industrial uses. A city or town may impose reasonable regulations concerning the bulk and
3562height of structures and determining yard sizes, lot area, setbacks, open space and building
3563coverage requirements and a city or town may require site plan review; provided however, that
3564the city or town shall permit not less than 4 units of housing per acre.
3565 (b) Real property conveyed by the commissioner pursuant to section 135 shall include,
3566but not be limited to, the amendment of use restrictions held by the commonwealth to allow for
3567the use of such real property for housing purposes.
3568 (c) The secretary of housing and livable communities may promulgate regulations to
3569implement this section.
3570 SECTION 137. (a) There is hereby established a Surplus Real Property Disposition Trust
3571Fund to be administered by the secretary for administration and finance.
3572 (b) The fund shall be credited with: (i) the proceeds realized from the disposition of
3573surplus real property and the amendment of use restrictions pursuant to section 135; (ii) any
3574appropriation, grant, gift or other contribution made to the fund; and (iii) any interest earned on 163 of 187
3575money in the fund. Amounts credited to the fund shall not be subject to further appropriation and
3576any money remaining in the fund at the end of a fiscal year shall not revert to the General Fund
3577and shall be available for expenditure in the subsequent fiscal year.
3578 (c) Amounts credited to the fund may be: (i) transferred by the secretary to the state
3579agency that had care and control of the land conveyed pursuant to section 135 if the real property
3580was conveyed for fair market value consideration in an amount equal to the net proceeds of the
3581disposition; (ii) transferred by the secretary to the state agency that had care and control of the
3582real property conveyed pursuant to section 135 if the real property was conveyed for
3583consideration less than fair market value in an amount equal to $10,000 per unit of housing
3584permitted by the city or town in which the real property is located or the net proceeds of the
3585disposition, whichever is greater; (iii) transferred by the secretary to a municipality in accordance
3586with a sales partnership agreement pursuant to section 135; or (iv) expended for costs associated
3587with the disposition of real property pursuant to section 135 including, but not limited to,
3588demolition, site preparation and environmental remediation; provided, that all money transferred
3589to a state agency pursuant to clauses (i) and (ii) shall be expended by the agency for capital
3590facility projects as defined in section 1 of chapter 7C of the General Laws; provided further, that
3591all net proceeds from the disposition of surplus real property of a public agency other than a state
3592agency, as determined by the commissioner of capital asset management and maintenance, shall
3593be transferred to such public agency.
3594 SECTION 138. (a) Notwithstanding any general or special law to the contrary, not more
3595than 120 days after the expiration of affordability restrictions on housing units assisted under
3596items 7004-0070 and 7004-0071 of section 2, the executive office of housing and livable
3597communities or its assignee, who shall be a qualified developer selected pursuant to said items 164 of 187
35987004-0700 and 7004-0071 of said section 2 under the guidelines of the executive office, shall
3599have an option to purchase any such housing units at their current appraised value, reduced by
3600any remaining obligation of the owner, upon the expiration of the affordability restrictions. The
3601executive office or its assignee shall only purchase or acquire such housing units to preserve or
3602provide affordable housing. The executive office or its assignee shall hold such purchase option
3603for 120 days after the expiration of the affordability restrictions. Failure to exercise the purchase
3604option within such 120-days period after the expiration of the affordability restriction shall
3605constitute a waiver of the purchase option by the executive office or its assignee.
3606 (b) Not later than 30 days after the expiration of an affordability restriction pursuant to
3607subsection (a), the owner and the executive office shall each designate a professional in the field
3608of multi-unit residential housing. Each professional shall select an impartial appraiser. Not later
3609than 60 days after the expiration of the affordability restriction, the 2 impartial appraisers shall
3610determine the current appraised value in accordance with recognized professional standards. If
3611there is a difference in the valuations, the valuations shall be added together and divided by 2 to
3612determine the current appraised value of the units.
3613 (c) No sale, transfer or other disposition of the property shall be completed until either the
3614purchase option period has expired or the owner has been notified, in writing, by the executive
3615office or its assignee that the option will not be exercised. The option shall be exercised only by
3616written notice signed by a designated representative of the executive office or its assignee, sent to
3617the owner by certified mail at the address specified in the notice of intention and recorded with
3618the registry of deeds or the registry district of the land court of the county in which the affected
3619real property is located, within the option period. If the purchase option has been assigned to a
3620qualified developer selected pursuant to said items 7004-0070 and 7004-7071 of said section 2, 165 of 187
3621the written notice shall state the name and address of the developer and the terms and conditions
3622of the assignment.
3623 (d) Before any sale, transfer or other disposition of property for which the executive
3624office has not previously exercised an option to purchase, an owner shall offer the executive
3625office or its assignee, who shall be a qualified developer selected pursuant to said items 7004-
36260070 and 7004-0071 of said section 2, a first refusal option to meet a bona fide offer to purchase
3627the units. The owner shall provide to the executive office or its assignee written notice by regular
3628and certified mail, return receipt requested, of the owner’s intention to sell, transfer or otherwise
3629dispose of the property. The executive office or its assignee shall hold the first refusal option for
3630120 days after receipt of the owner’s written notice of intent to transfer the property. Failure to
3631respond to the written notice of intent to sell, transfer or otherwise dispose of the property within
3632the 120-day period shall constitute a waiver of the right of first refusal by the executive office.
3633No sale, transfer or other disposition of the property shall be completed until either the first
3634refusal option period has expired or the owner has been notified in writing by the executive
3635office or its assignee that the option will not be exercised. The option shall be exercised only by
3636written notice signed by a designated representative of the executive office or its assignee, sent to
3637the owner by certified mail at the address specified in the notice of intention and recorded with
3638the registry of deeds or the registry district of the land court of the county in which the affected
3639real property is located, within the option period. If the first refusal option has been assigned to a
3640qualified developer selected pursuant to said items 7004-0070 and 7004-0071 of said section 2,
3641the written notice shall state the name and address of the developer and the terms and conditions
3642of the assignment. 166 of 187
3643 (e) An affidavit before a notary public that the notice of intent was mailed on behalf of an
3644owner shall conclusively establish the manner and time of the giving of notice to sell, transfer or
3645otherwise dispose of the property. The affidavit and notice that the option shall not be exercised
3646shall be recorded with the registry of deeds or the registry district of the land court in the county
3647in which the affected real property is located. Each notice of intention, notice of exercise of the
3648purchase option or first refusal option and notice that the purchase option or first refusal option
3649shall not be exercised shall contain the name of the recorded owner of the property and a
3650reasonable description of the property to be sold or converted. Each affidavit signed before a
3651notary public shall have attached to it a copy of the notice of intention to which it relates. The
3652notices of intention shall be mailed to the relevant parties in the care of the keeper of the records
3653for the party in question. Upon notifying the owner in writing of its intention to exercise its
3654purchase option or first refusal option during the 120-day period, the executive office or its
3655assignee shall have an additional 120 days, beginning on the date the purchase option period or
3656first refusal option period expires, to purchase the units. The time periods may be extended by
3657mutual agreement between the executive office or its assignee and the owner of the property.
3658Any extension agreed upon shall be recorded in the registry of deeds or the registry district of the
3659land court of the county in which the affected real property is located. Within a reasonable time
3660after requesting an extension, the owner shall make available to the executive office or its
3661assignee any information that is reasonably necessary for the executive office to exercise its
3662option.
3663 SECTION 139. Notwithstanding any general or special law to the contrary, a private
3664entity engaged in a construction, development, renovation, remodeling, reconstruction,
3665rehabilitation or redevelopment project receiving funds pursuant to this act shall properly classify 167 of 187
3666individuals employed on the project and shall comply with all laws concerning workers’
3667compensation insurance coverage, unemployment insurance, social security taxes and income
3668taxes with respect to all such employees. All construction contractors engaged by a private entity
3669on any such project shall furnish documentation to the appointing authority showing that all
3670employees employed on the project have hospitalization and medical benefits that meet the
3671minimum requirements of the commonwealth health insurance connector established in chapter
3672176Q of the General Laws. A construction contractor shall disclose whether it has been subject
3673to a federal or state criminal or civil judgment, final administrative determination or debarment
3674by any federal or state agency or authority resulting from a violation of chapter 149 or 151 of the
3675General Laws or 29 U.S.C. 201, et seq. within 3 years prior to the date of submission for an
3676award of funds pursuant to this act. If the monetary penalty in connection with any such civil
3677judgment or final administrative determination is $40,000 or greater, the awarding authority may
3678exclude the contractor from being awarded funds pursuant to this act. Upon the completion of a
3679project, a construction manager, general contractor or other lead or prime contractor shall certify
3680that all trade contractors and subcontractors under the construction manager, general contractor
3681or other lead or prime contractor have properly classified individuals employed on the project.
3682No contractor or subcontractor debarred by a federal or state agency shall be awarded funds
3683pursuant to this act during such period of debarment.
3684 SECTION 140. (a) There shall be a special commission to study and make
3685recommendations on expanding the supply of housing available and affordable to tenants with a
3686household income of not more than 30 per cent of the area median income, adjusted for
3687household size, as periodically determined by the United States Department of Housing and
3688Urban Development. The commission shall review and evaluate federal, state and local subsidies 168 of 187
3689that support the creation of housing for such tenants and make recommendations to increase the
3690supply of housing that is available and affordable to households earning not more than 30 per
3691cent of the area median income.
3692 (b) The commission shall review and consider the following: (i) the number of deeply
3693subsidized rental units targeted at families with incomes at or below 30 per cent of the area
3694median income and the percentage of those units that are accessible to persons with disabilities;
3695(ii) the number of families with such incomes per deeply subsidized rental unit; (iii) the gap
3696between median rents and rents affordable to families with such incomes and an analysis of
3697whether existing housing subsidies are sufficient to bridge such gap; (iv) the ratio of households
3698with such incomes to unsubsidized units available at rents up to 50 per cent of such income; (v)
3699housing market factors such as vacancy rates, rate of rent increases and conversion of rental
3700housing to homeownership units; (vi) the impact of non-housing subsidies including, but not
3701limited to, the earned income tax credit on cost burdens for working families; (vii) barriers to
3702accessing available housing, including racial and ethnic disparities in housing access; and (viii)
3703any other factors that the commission deems relevant.
3704 (c) The commission shall consist of the secretary of housing and livable communities or a
3705designee, who shall serve as chair; the chairs of the joint committee on housing or their
3706designees; the minority leader of the house of representatives or a designee; the minority leader
3707of the senate or a designee; the secretary of administration and finance or a designee; the
3708secretary of health and human services or a designee; a representative of the Citizens Housing
3709and Planning Association, Inc.; a representative of the Massachusetts Housing Partnership; a
3710representative of the Massachusetts Housing Finance Agency; a representative of the
3711Community Economic Development Assistance Corporation; a representative of Massachusetts 169 of 187
3712Law Reform Institute, Inc.; a representative of Massachusetts Association of Community
3713Development Corporations; a representative of Regional Housing Network of Massachusetts,
3714Inc.; and 5 members appointed by the governor, 1 of whom shall be a representative of a local
3715housing authority, 1 of whom shall be a representative of an advocacy organization representing
3716tenants, 1 of whom shall have expertise in affordable housing finance, 1 of whom shall have
3717expertise in nonprofit affordable housing development and 1 of whom shall have expertise in
3718development of permanent supportive housing.
3719 (d) The commission shall file its recommendations with the clerks of the house of
3720representatives and the senate and the joint committee on housing not later than June 30, 2025.
3721 SECTION 141. (a) The executive office of housing and livable communities, in
3722consultation with the executive office of administration and finance and the department of
3723revenue, shall conduct a study on the feasibility and impact of allowing cities and towns, by local
3724option, to exempt new affordable housing developments from the limitations in paragraphs (b)
3725and (f) of section 21C of chapter 59 of the General Laws. The study shall include, but not be
3726limited to: (i) the potential revenue benefits of such exemption; (ii) the potential number of
3727affordable housing units constructed as a result of such exemption; (iii) the impact of allowing
3728cities or towns, by local option, to exempt the value of new affordable housing developments at a
3729multiplier of 5 and 10 times the amount of said value from said limitations; (iv) the impact of
3730applying such exemption to entire housing developments with different percentages of affordable
3731units; (v) the impact of requiring certain thresholds of affordability for new affordable housing
3732developments in order to qualify for such exemption; and (vi) a comparison of potential impacts
3733of such exemption to different cities and towns across the state. 170 of 187
3734 (b) The executive office of housing and livable communities shall submit a report of its
3735findings to the clerks of the senate and house of representatives, the joint committee on housing,
3736the joint committee on revenue and the senate and house committees on ways and means not
3737later than March 1, 2025.
3738 SECTION 142. (a) There shall be a special commission to analyze, report and
3739recommend a policy or pilot programs to meaningfully address housing shortages in the
3740commonwealth. The commission shall focus on finding sustainable and equitable housing
3741solutions to: (i) improve housing production; (ii) address racial wealth disparities in housing; (iii)
3742ensure regional equity in housing; and (iv) prevent chronic homelessness.
3743 (b) The commission shall consist of: the secretary of housing and livable communities or
3744a designee, who shall serve as chair; the secretary of administration and finance or a designee;
3745the director of rural affairs or a designee; the attorney general or a designee; the chairs of the
3746joint committee on housing or their designees; 4 members to be appointed by the speaker of the
3747house of representatives, 1 representing a gateway city, 1 representing a suburban community, 1
3748representing a seasonal community and 1 representing a rural community; 3 members to be
3749appointed by the senate president, 1 representing a gateway city, 1 representing a seasonal
3750community and 1 representing a rural community; 1 member who shall be appointed by the
3751minority leader of the house of representatives; 1 member who shall be appointed by the
3752minority leader of the senate; 1 person who shall be a representative of the Citizens’ Housing and
3753Planning Association, Inc.; 1 person who shall be a representative of the Massachusetts
3754Municipal Association, Inc.; 1 person who shall be a member of the Greater Boston Real Estate
3755Board; 1 person from the Massachusetts Association of Community Development Corporations;
37561 person who shall be a representative of the Massachusetts Coalition for Racial Equity in 171 of 187
3757Housing; 1 person who shall be a representative from Western Massachusetts Housing Coalition;
37581 person appointed by the president of the AFL-CIO; 1 member who shall be a representative of
3759the Massachusetts Budget and Policy Center, Inc.; 1 of whom shall be a representative of the
3760Massachusetts Taxpayers Foundation, Inc.; 1 of whom shall be a representative of the Center for
3761State Policy Analysis at Tufts University; 1 person who shall be a representative of the Tiny
3762Home Industry Association; 1 person from Greater Boston Community Land Trust; 1 person
3763from the Massachusetts Association of Housing Cooperatives, Inc.; 1 person who shall be a
3764representative of the Center for Economic Democracy, Inc.; 1 person who shall be a
3765representative of the Greater Boston Chamber of Commerce, Inc.; 1 person from the Home
3766Builders and Remodelers Association of Massachusetts, Inc.; and the following members to be
3767appointed by the governor, 1 of whom shall represent the public housing authorities, 1 of whom
3768shall be a representative of a regional planning agency, 1 of whom shall be a housing developer
3769committed to affordable housing development in rural communities and 1 of whom shall be from
3770a tenant advocacy organization.
3771 (c) The commission shall examine and make recommendations on: (i) a local option
3772transfer fee to be applied on transactions involving the transfer of real property interests,
3773including, but not limited to, its impact on both residential and commercial property, the property
3774value threshold amount, the impact on the housing economy both statewide and regionally,
3775spending requirements and potential exemptions; (ii) the potential impact of a local option
3776vacancy tax to be applied to unoccupied residential properties; (iii) the potential impact of a
3777high-end blight tax to be applied to unused distressed commercial property; (iv) scaling of mixed
3778income neighborhood trusts or community land trusts to preserve affordable housing; (v)
3779increasing the existing deed excise tax to support local and statewide affordable housing trusts; 172 of 187
3780(vi) additional types of residential housing cooperatives and land trusts; and (vii) any other topic
3781areas the commission deems relevant to its mandate.
3782 (d) The commission shall file its recommendations with the clerks of the senate and
3783house of representatives, the senate and house committees on ways and means and the joint
3784committee on housing not later than September 15, 2025.
3785 SECTION 143. (a) There shall be a special commission to study and make
3786recommendations on modernizing and updating the Massachusetts Community Preservation Act
3787under chapter 44B of the General Laws to improve the effectiveness of the program for
3788municipalities to promote community preservation and increase the production of housing in the
3789commonwealth.
3790 (b) The special commission shall consist of: the secretary of housing and livable
3791communities or a designee, who shall serve as chair; the secretary for administration and finance
3792or a designee; the secretary of energy and environmental affairs or a designee; the chairs of the
3793joint committee on housing; the chairs of the joint committee on revenue; the chairs of the joint
3794committee on environment and natural resources; 1 member appointed by the minority leader of
3795the senate; 1 member appointed by the minority leader of the house of representatives; 2
3796members appointed by the governor who shall reflect geographic diversity and have expertise in
3797housing policy; 2 members representing the Community Preservation Coalition; 1 member
3798representing the Massachusetts Municipal Association, Inc.; and 1 member representing the
3799Massachusetts Association of Realtors.
3800 (c) The special commission shall examine the history and impacts of the Massachusetts
3801Community Preservation Act and investigate, evaluate and make recommendations, including, 173 of 187
3802but not limited to: (i) amendments and reforms to chapter 44B of the General Laws to improve
3803the overall effectiveness of the program to increase housing production and promote community
3804preservation in the commonwealth; (ii) opportunities and solutions to increase, leverage and
3805maximize the use of statewide trust fund resources and local community preservation act funds;
3806(iii) opportunities to strengthen transparency and compliance related to reporting requirements
3807for municipalities; and (iv) utilization of regional strategies to meet the commonwealth’s housing
3808production goals. In evaluating the current law and making recommendations, the commission
3809shall examine the overall effectiveness of the program on municipalities and take into
3810consideration the program’s goals of affordable housing production, open space conservation,
3811outdoor recreation access and historic preservation.
3812 (d) The special commission shall file a report of its findings, including any
3813recommendations, with the clerks of the senate and the house of representatives, the senate and
3814house committees on ways and means, the joint committee on housing, the joint committee on
3815environment and natural resources and the joint committee on revenue not later than September
381615, 2025.
3817 SECTION 144. (a) There shall be a special commission to study barriers to the
3818development and production of starter homes as defined in section 1 of chapter 40Y of the
3819General Laws.
3820 (b) The commission shall investigate: (i) barriers to starter home construction; (ii)
3821existing zoning that may represent opportunities for starter home zoning districts; (iii) the
3822availability of technical assistance for starter home production; (iv) the feasibility of constructing
3823starter home lots; (v) resources needed to remove barriers to starter home production; (vi) 174 of 187
3824developer costs associated with the development and construction of starter home lots and units;
3825(vii) buyer costs associated with the purchase, maintenance and sale of a starter home unit or lot;
3826and (viii) additional funding needed to support construction and zoning of starter home units and
3827lots.
3828 (c) The commission shall consist of: the secretary of housing and livable communities or
3829a designee, who shall serve as chair; the secretary of labor and workforce development or a
3830designee; the chairs of the joint committee on housing; 1 member appointed by the senate
3831president; 1 member appointed by the speaker of the house of representatives; 1 member
3832appointed by the minority leader of the senate; 1 member appointed by the minority leader of the
3833house of representatives; the president of the Home Builders & Remodelers Association of
3834Massachusetts, Inc.; the executive director of the Massachusetts Municipal Association, Inc.; the
3835chair of the Three Rivers Interlocal Council; the president of the Massachusetts Smart Growth
3836Alliance; the president of the Associated Industries of Massachusetts, Inc.; the chief executive
3837officer of the Citizens Housing And Planning Association, Inc.; the executive director of the
3838Metropolitan Area Planning Council or a designee; the chair of the rural policy advisory
3839commission or a designee; the president of the Massachusetts Building Trades Council.
3840 (d) The commission shall file a report of its findings and its recommendations for
3841proposed programs and legislation, if any, with the clerks of the senate and house of
3842representatives and the joint committee on housing not later than December 1, 2025.
3843 SECTION 145. (a) There shall be a special commission to study and make
3844recommendations on expanding accessibility in housing for persons with disabilities, including
3845seniors, in order to increase the ability of people to live in a safe, dignified and healthy manner in 175 of 187
3846their residences. The commission shall consist of: the secretary of housing and livable
3847communities or a designee, who shall serve as chair; the executive director of the architectural
3848access board; the chairs of the joint committee on housing or their designees; the executive
3849director of the Massachusetts office on disabilities; a representative of the statewide independent
3850living council; a representative of the Institute for Human Centered Design Inc.; a representative
3851of NAIOP Massachusetts, Inc; a representative of the Disability Law Center, Inc.; a
3852representative of Arc Massachusetts, Inc; and a representative of Massachusetts Association of
3853Mental Health Professionals, Inc.
3854 (b) The commission shall examine potential changes to the state building code for
3855accessibility features in housing that benefit persons with disabilities including, but not limited
3856to: (i) changes for individuals with physical, sensory, intellectual, mental health and
3857neurodivergent disabilities; (ii) the estimated the costs of such potential changes; and (iii) the
3858impact of climate change on housing for people with disabilities.
3859 (c) The commission shall file a report with the clerks of the senate and house of
3860representatives and the joint committee on housing not later than June 30, 2025.
3861 SECTION 146. There shall be an interbasin transfer review commission, which shall
3862analyze and make recommendations relative to sections 8B, 8C and 8D of chapter 21 of the
3863General Laws, including whether this act should be amended to support the development of
3864housing through increased access to water resources.
3865 The commission shall evaluate current processes, practices and standards for regulating
3866interbasin transfers. In conducting this review, the commission shall: (i) assess whether said
3867sections 8B, 8C and 8D of said chapter 21 continue to effectively govern the transfer of water or 176 of 187
3868wastewater outside of its river basin of origin; (ii) determine whether amending the current law
3869would support increased housing production while maintaining environmental protections; (iii)
3870identify and recommend potential actions for easing existing administrative burdens or
3871permitting processes to facilitate the sharing of water resources for communities in need; (iv)
3872consider whether any changes to its governing law are necessary or recommended to better assist
3873municipalities with the remediation of per- and polyfluoroalkyl substances; and (v) consider and
3874make recommendations concerning any other matters the commission deems relevant to its
3875mandate.
3876 The commission shall consist of: the secretary of energy and environmental affairs or a
3877designee, who shall serve as chair; the commissioner of conservation and recreation or a
3878designee; the commissioner of environmental protection or a designee; the secretary of housing
3879and livable communities or a designee; a representative of the American Council of Engineering
3880Companies of Massachusetts; a representative of the Massachusetts Municipal Association, Inc.;
3881a representative of the Massachusetts Water Resources Authority; a representative of the
3882Massachusetts Water Resources Authority advisory board; a representative of the Massachusetts
3883Water Resources Authority Water Supply Citizens Advisory Committee; a representative of the
3884Massachusetts Rivers Alliance, Inc.; a representative of Massachusetts Water Environment
3885Association Inc; a representative of Massachusetts Coalition for Water Resources Stewardship,
3886Inc.; a representative of Massachusetts Water Works Association Inc.; a representative of the
3887NAIOP Massachusetts, Inc.; and a representative of the Massachusetts Water Resources
3888Authority’s Wastewater Advisory Committee.
3889 The commission shall make recommendations or take actions by a majority vote of all
3890members present and voting. 177 of 187
3891 The commission shall issue a report, with recommendations, and file the report with the
3892clerks of the senate and house of representatives, the joint committee on housing and the joint
3893committee on environment and natural resources not later than July 1, 2025.
3894 SECTION 147. The secretary of veterans’ services, in coordination with the executive
3895office of housing and livable communities, shall convene a working group to develop a plan for
3896the siting, construction and operation of veterans’ small house long-term care homes, as
3897authorized in item 4000-2026 of section 2 of chapter 15 of the acts of 2021. The working group
3898shall propose veterans’ housing that follows the standards of the Veterans Health Administration
3899Small House Design Guide (PG-18-12 Chapter 106). The model of care for the proposed
3900veterans’ housing shall be resident-centered and resident-driven and involve the resident and
3901family, when available, in decisions regarding the resident’s care.
3902 The working group shall include: the secretary of veterans’ services or a designee; the
3903secretary of elder affairs or a designee; the commissioner of public health or a designee; the
3904executive director of veterans’ homes and housing; 1 member who shall represent the office of
3905the veteran advocate; 1 member who shall represent the architectural access board; and 6
3906members appointed by the secretary of veterans’ services, 2 of whom shall represent medical
3907centers or hospitals in the commonwealth that serve veterans, 2 of whom shall represent health
3908insurance companies serving veterans in the commonwealth and 2 of whom shall represent
3909veterans’ services organizations. The secretary shall designate a chair of the working group from
3910among its members.
3911 The working group shall file a report of its findings and any recommendations with the
3912clerks of the house of representatives and the senate, the joint committee on veterans and federal 178 of 187
3913affairs, the joint committee on mental health, substance use and recovery, the joint committee on
3914public health, the joint committee on elder affairs and the senate and house committees on ways
3915and means not later than January 1, 2026.
3916 SECTION 148. The attorney general, in consultation with the executive office of housing
3917and livable communities, shall conduct a study of algorithmic collusion in the residential housing
3918market. The study shall examine and make recommendations on: (i) the prevalence of pricing
3919algorithms; (ii) the impact of property owners using algorithmic methods to set residential rent
3920prices on housing prices and inventory; (iii) the legality of such methods, including the use of
3921nonpublic information in algorithms to set rent prices; (iv) measures to mitigate the impact of
3922pricing through disclosure; and (v) any regulatory or legislative changes necessary to mediate the
3923use of pricing algorithms.
3924 The attorney general shall submit the results of the study and its recommendations to the
3925clerks of the senate and house of representatives, the house and senate committees on ways and
3926means and the joint committee on housing not later than July 31, 2025.
3927 SECTION 149. The department of housing and livable communities shall develop a pilot
3928program for intergenerational affordable housing development to support individuals and
3929families with housing others in exchange for services or rent. Eligible program participants shall
3930be individuals or families currently on the commonwealth’s section 8 centralized waiting list and
3931any individual age 60 years or older that owns their home and has adequate accommodation
3932available to host an individual that is 18 years of age or older or a family. In designing the
3933program, the department shall consult with existing private intergenerational housing programs 179 of 187
3934operating in the commonwealth. The department shall file a report on the progress of the pilot
3935program with the clerks of the senate and house of representatives not later than July 1, 2025.
3936 SECTION 150. (a) As used in this section, the following words shall have the following
3937meanings unless the context clearly requires otherwise:
3938 “Borrower”, a mortgagor of a mortgage loan.
3939 “Creditor”, a person or entity that holds or controls, partially, wholly, indirectly, directly
3940or in a nominee capacity, a mortgage loan securing an owner-occupied residential property
3941including, but not limited to, an originator, holder, investor, assignee, successor, trust, trustee,
3942nominee holder, mortgage electronic registration system or mortgage servicer, including the
3943Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation;
3944provided, however, that “creditor” shall also include any servant, employee or agent of a
3945creditor.
3946 “Creditor’s representative”, a person who has the authority to negotiate and approve the
3947terms of and modify a mortgage loan, under a servicing agreement.
3948 “Modified mortgage loan”, a mortgage modified from its original terms including, but not
3949limited to, a loan modified under: (i) the Home Affordable Modification Program; (ii) the
3950Federal Deposit Insurance Corporation’s Loan Modification Program; (iii) any modification
3951program that a lender uses that is based on accepted principles and the safety and soundness of
3952the institution and authorized by the National Credit Union Administration, the division of banks
3953or any other instrumentality of the commonwealth; (iv) the Federal Housing Administration; or
3954(v) a similar federal loan modification plan. 180 of 187
3955 “Mortgage loan”, a loan to a natural person made primarily for personal, family or
3956household purposes secured wholly or in part by a mortgage on residential property.
3957 “Residential property”, real property located in the commonwealth on which there is a
3958dwelling with accommodations for not more than 4 separate households and occupied, or to be
3959occupied, in whole or in part by the obligor on the mortgage debt; provided, however, that
3960“residential property” shall be limited to the principal residence of a person; provided further,
3961that “residential property” shall not include an investment property or a residence, other than a
3962primary residence, or residential property taken in whole or in part as collateral for a
3963commercial loan.
3964 (b) There shall be, subject to appropriation, a foreclosure mediation pilot program
3965administered by the Massachusetts Office of Public Collaboration at the University of
3966Massachusetts at Boston to be offered to borrowers and creditors, by agreement, in not more than
39675 communities disproportionately impacted by high rates of foreclosure. The Massachusetts
3968Office of Public Collaboration shall develop and accept applications from interested
3969communities and shall select communities most negatively impacted by high rates of foreclosure.
3970 (c) A creditor in a community participating in the pilot may, concurrently with the notice
3971sent to the borrower of residential property under section 35A of chapter 244 of the General
3972Laws, give notice to the borrower of the borrower’s right to participate in the foreclosure
3973mediation program by attaching to the right to cure default notice: (i) notice of the availability of
3974foreclosure mediation, in such form as the Massachusetts Office of Public Collaboration
3975prescribes; and (ii) a foreclosure mediation request form, in such form as the Massachusetts
3976Office of Public Collaboration prescribes. A borrower electing to participate in foreclosure 181 of 187
3977mediation shall submit the foreclosure mediation request form to the creditor not more than 15
3978days after receipt of the notice.
3979 (d) An in-person mediation session shall be conducted by a neutral third-party mediator
3980between the borrower, the borrower’s representative or housing counselor and the creditor’s
3981representative, who shall have the authority to negotiate an alternative to foreclosure including,
3982but not limited to: (i) a modified mortgage loan; (ii) a reduction in principal; (iii) a reduction in
3983interest rate; or (iv) an increase in the amortization period of the mortgage loan; provided,
3984however, that an alternative form of meeting may be mutually agreed upon by the mortgagor, the
3985mortgagee and the mediator.
3986 (e) If a borrower elects to participate in the foreclosure mediation program, a creditor
3987shall not accelerate the note or otherwise initiate foreclosure proceedings unless the mediator has
3988certified that the creditor participated in the foreclosure mediation program in good faith and
3989made all reasonable efforts to find an alternative to foreclosure and any agreement is in full
3990compliance with all state and federal guidelines.
3991 (f) The borrower’s or creditor’s rights or defenses in the foreclosure action shall not be
3992waived by participating in the foreclosure mediation program.
3993 (g) Nothing in this section shall require a creditor to modify a mortgage or change the
3994terms of payment of a mortgage.
3995 SECTION 151. (a) The executive office of housing and livable communities shall
3996convene an advisory council to offer expertise in issues pertaining to racial segregation in
3997housing and public schools. The council shall consist of: the chairs of the joint committee on
3998housing, who shall serve as co-chairs; the chairs of the joint committee on education, who shall 182 of 187
3999serve as co-chairs; the secretary of housing and livable communities or a designee; the deputy
4000secretary of housing and livable communities or a designee; the secretary of education or a
4001designee; the commissioner of elementary and secondary education or a designee; the
4002commissioner of early education and care or a designee; the commissioner of banks or a
4003designee; the attorney general or a designee; the executive director of the Massachusetts Housing
4004Finance Agency or a designee; the president of the senate or a designee; the speaker of the house
4005of representatives or a designee; the minority leader of the house of representatives or a
4006designee; the minority leader of the senate or a designee; the governor or a designee; 1 person
4007with relevant subject matter expertise appointed by the Massachusetts Black and Latino
4008Legislative Caucus; 2 persons appointed by the commission on the status of African Americans;
40092 persons appointed by the commission on the status of Latinos and Latinas; 1 person appointed
4010by the commission on the status of Asian Americans and Pacific Islanders; 1 person appointed
4011by the Massachusetts commission on Indian affairs; 1 person with relevant subject matter
4012expertise appointed by the president of the senate; 1 person with relevant subject matter expertise
4013appointed by the speaker of the house of representatives; 1 person with relevant subject matter
4014expertise appointed by the governor; and 2 persons who shall be members of the student
4015advisory council.
4016 (b) The council shall provide advice and recommendations to the executive office
4017regarding policies or programs necessary to: (i) combat the causes of housing segregation and
4018increase racial integration in cities and towns; (ii) eliminate or significantly reduce interdistrict
4019and intradistrict racial segregation, including at the school and classroom level; and (iii) promote,
4020as part of school integration plans, the development of racially inclusive school climates,
4021including through: (A) culturally and racially responsive pedagogy and curricula; (B) approaches 183 of 187
4022to creating safe and supportive school environments that do not rely on school discipline
4023practices that have a disproportionately negative impact on students of color; and (C) access to
4024racially diverse school staff, teachers and school leaders.
4025 (c) The council shall investigate the following for purposes of determining their
4026contribution to housing and school segregation and making policy recommendations to eliminate
4027or significantly reduce racial segregation in housing and public schools: (i) existing state statutes
4028and regulations; (ii) state programs that financially support prospective tenants and
4029homeowners;(iii) state programs that finance or govern the development of affordable housing;
4030(iv) discriminatory practices in the banking industry; (v) discriminatory practices in the real
4031estate industry; (vi) violations and enforcement of the federal Fair Housing Act based on race;
4032(vii) exclusionary zoning ordinances and by-laws; (viii) inadequate transportation infrastructure
4033or access to affordable, reliable and efficient public transportation; (ix) violations and
4034enforcement of Title VI of the Civil Rights Act of 1964, as amended; (x) chapter 70 of the
4035General Laws; (xi) chapter 70B of the General Laws; (xii) the dissolution of historic policies and
4036practices in the commonwealth that had led to substantial increases in school integration; (xiii)
4037public magnet schools or regional school districts; (xiv) school district practices for assigning
4038students to schools; (xv) interdistrict and intradistrict transfer and public school choice policies;
4039(xvi) admissions practices in selective public schools; (xvii) school district practices for
4040determining student participation in different levels of coursework, such as ability grouping or
4041tracking; (xviii) Metropolitan Council for Educational Opportunity (METCO), Inc.; and (xix)
4042any other topics that it deems relevant to housing and school segregation. 184 of 187
4043 (d) The council shall submit its report and recommendations to the clerks of the senate
4044and house of representatives, the joint committee on housing and the joint committee on
4045education not later than July 31, 2025.
4046 SECTION 152. The executive office of housing and livable communities shall compile
4047and make available to municipalities a guide outlining the best practices for cities and towns to
4048implement and operate, by local option, a municipal right of first refusal program. The guide
4049shall outline incentives, outreach strategies and other logistical details available to homeowners
4050who provide such municipal right of first refusal. The guide shall be completed not later than
4051January 1, 2025.
4052 SECTION 153. Notwithstanding any general or special law to the contrary, the
4053unexpended and unencumbered balances of the bond-funded authorizations in the following
4054accounts shall cease to be available for expenditure 180 days after the effective date of this act:
40553000-0410, 7002-8032, 7004-0049, 7004-0050, 7004-0051, 7004-0052, 7004-0053, 7004-0055,
40567004-0056, 7004-0057, 7004-0058, 7004-0059, 7004-0060, 7004-0061, 7004-0062, 7004-0064,
40577004-0065, 7004-0066, 7004-0067, 7004-8016, 7004-8026.
4058 SECTION 154. To meet the expenditures necessary in carrying out sections 2 and 2A the
4059state treasurer shall, upon request of the governor, issue and sell bonds of the commonwealth in
4060an amount to be specified by the governor from time to time but not exceeding, in the aggregate,
4061$5,146,000,000. All bonds issued by the commonwealth as aforesaid shall be designated on their
4062face, The Affordable Homes Act of 2024, and shall be issued for a maximum term of years, not
4063exceeding 30 years, as the governor may recommend to the general court under section 3 of
4064Article LXII of the Amendments to the Constitution. All such bonds shall be payable not later 185 of 187
4065than June 30, 2059, pursuant to said section 3 of said Article LXII of the Amendments to the
4066Constitution. All interest and payments on account of principal on these obligations shall be
4067payable from the General Fund. Bonds and interest thereon issued under the authority of this
4068section shall, notwithstanding any other provision of this act, be general obligations of the
4069commonwealth. An amount not to exceed 2 per cent of the authorizations may be expended by
4070the executive office of housing and livable communities for administrative costs directly
4071attributable to the purposes of this act, including costs of clerical and support personnel. The
4072secretary of housing and livable communities shall file an annual spending plan detailing, by
4073subsidiary, all personnel costs and any administrative costs charged to expenditures made
4074pursuant to this act with the fiscal affairs division within the executive office for administration
4075and finance, the house and senate committees on ways and means, the joint committee on
4076bonding, capital expenditures and state assets and the joint committee on housing.
4077 SECTION 155. To meet the expenditures necessary in carrying out section 2B, the state
4078treasurer shall, upon request of the governor, issue and sell bonds in an amount to be specified by
4079the governor from time to time but not exceeding, in the aggregate, $50,000,000. All bonds
4080issued by the commonwealth as aforesaid shall be designated on their face, The Affordable
4081Homes Act of 2024, and shall be issued for a maximum term of years, not exceeding 30 years, as
4082the governor may recommend to the general court pursuant to section 3 of Article LXII of the
4083Amendments to the Constitution; provided, however, that all such bonds shall be payable not
4084later than June 30, 2059. All interest and payments on account of principal on such obligations
4085shall be payable from the General Fund. Bonds and interest thereon issued under the authority of
4086this section shall, notwithstanding any other provision of this act, be general obligations of the
4087commonwealth. An amount not to exceed 2 per cent of the authorizations may be expended by 186 of 187
4088the executive office of housing and livable communities for administrative costs directly
4089attributable to the purposes of this act, including costs of clerical and support personnel. The
4090secretary of housing and livable communities shall file an annual spending plan with the fiscal
4091affairs division within the executive office for administration and finance, the house and senate
4092committees on ways and means, the house and senate committees on bonding, capital
4093expenditures and states assets and the joint committee on housing which details, by subsidiary,
4094all personnel costs and any administrative costs charged to expenditures made pursuant to this
4095act.
4096 SECTION 156. The executive office of housing and livable communities shall
4097promulgate guidance or regulations pursuant to subsection (h) of section 33 of chapter 23B of the
4098General Laws and section 101 of chapter 143 of the General Laws not later than December 15,
40992024,.
4100 SECTION 157. Sections 11, 37, 56, 59, 60 and 66 shall take effect 180 days after the
4101effective date of this act.
4102 SECTION 158. Subsection (b) of section 5E of chapter 62 of the General Laws and
4103subsection (b) of section 5F of chapter 62 of the General Laws shall take effect on January 1,
41042025.
4105 SECTION 159. Sections 25, 26, 28 and 29 shall take effect for tax years beginning on or
4106after January 1, 2025.
4107 SECTION 160. Sections 27, 30 and 31 shall take effect on January 1, 2030.
4108 SECTION 161. Sections 135 to 137, inclusive, are hereby repealed. 187 of 187
4109 SECTION 162. Section 161 shall take effect on June 30, 2030; provided, however, that
4110the commissioner of capital asset management and maintenance may complete any transaction
4111for which agreements have been signed and delivered on or before June 30, 2030.