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SENATE DOCKET, NO. 728 FILED ON: 1/18/2023
SENATE . . . . . . . . . . . . . . No. 881
The Commonwealth of Massachusetts
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PRESENTED BY:
John F. Keenan
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act creating the Massachusetts healthy homes program.
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PETITION OF:
NAME:DISTRICT/ADDRESS :John F. KeenanNorfolk and PlymouthJacob R. OliveiraHampden, Hampshire and Worcester2/1/2023John C. VelisHampden and Hampshire2/7/2023Joanne M. ComerfordHampshire, Franklin and Worcester2/9/2023Michael O. MooreSecond Worcester2/16/2023James B. EldridgeMiddlesex and Worcester2/20/2023Adam GomezHampden2/22/2023Manny Cruz7th Essex2/24/2023Nick CollinsFirst Suffolk2/28/2023Jason M. LewisFifth Middlesex3/8/2023Patrick M. O'ConnorFirst Plymouth and Norfolk3/8/2023John J. CroninWorcester and Middlesex3/9/2023Michael F. RushNorfolk and Suffolk3/9/2023 1 of 5
SENATE DOCKET, NO. 728 FILED ON: 1/18/2023
SENATE . . . . . . . . . . . . . . No. 881
By Mr. Keenan, a petition (accompanied by bill, Senate, No. 881) of John F. Keenan, Jacob R.
Oliveira, John C. Velis, Joanne M. Comerford and other members of the Senate for legislation
relative to create the Massachusetts healthy homes program. Housing.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act creating the Massachusetts healthy homes program.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1: Notwithstanding any general or special law or any rule or regulation to the
2contrary, chapter 23B of the General Laws is hereby amended by inserting after section 30 the
3following new section:-
4 Section 31(a). As used in this section, the following words shall have the following
5meanings unless the context clearly requires otherwise:-
6 “Eligible Applicant”, an owner of residential property in Massachusetts who, in the sole
7determination of the department, (1) is (a) an owner-occupant, (b) small landlord, or (c) larger
8landlord; (2) meets any income eligibility and other requirements of the program; and (3) owns a
9property with habitability concerns.
10 “Existing Home Repair Programs”, financial assistance administered by governmental,
11quasi-governmental, and nonprofit organizations, or the contractors and assignees of such 2 of 5
12entities, that provide services to repair residential housing, including mixed-use projects that
13include residential housing.
14 “Habitability Concerns”, home repairs that are required to ensure residential units are (1)
15fit for human habitation; (2) free from defective conditions and health and safety hazards,
16including, but not limited to, asbestos, mold, pests, and lead; and (3) free of conditions
17preventing installation of measures to improve energy or water efficiency, utilize renewable
18energy, or lower utility costs.
19 “Owner-Occupant”, an individual who has title to a one-to-three unit residential building
20who resides in at least one of the units as the principal residence of the individual.
21 “Low-Income Owner-Occupant”, an Owner-Occupant with a household income of no
22more than eighty percent of area median income.
23 “Moderate-Income Owner-Occupant”, an Owner-Occupant with a household income of
24at least eighty percent of area median income but no more than one hundred thirty five percent of
25area median income.
26 “Other Eligible Owner-Occupant”, an Owner-Occupant who (1) meets the definition of
27neither a low-income owner-occupant nor a moderate-income owner-occupant; and (2) leases at
28least one other residential unit in the building.
29 “Small Landlord”, an individual who has title to a building (1) with more than three
30residential units or (2) but does not live in that building for at least six months of any year; and
31(3) has financial interest in neither more than three buildings nor more than fifteen residential
32units. 3 of 5
33 “Larger Landlord”, an individual who has title to more than one residential unit who
34meets the definition of neither an owner-occupant nor a small landlord.
35 Section 31(b). The department shall make reasonable efforts to coordinate with other
36governmental, quasi-governmental, and nonprofit organizations administering programs that
37create a healthier environment for residents by means including, but not limited to, rehabilitating
38existing housing or making homes lead-safe. The department may contract with other
39governmental, quasi-governmental, and nonprofit organizations to administer one or more of
40these programs on its behalf.
41 Section 31(c). The department shall establish the Massachusetts healthy homes program
42fund, which may receive funds from governmental, quasi-governmental, nonprofit organizations,
43for-profit organizations and individuals, provided that any funds received from private
44organizations and individuals are made without conditions and without recourse. All
45appropriations from the commonwealth, interest income on Massachusetts healthy homes
46program fund receipts and repayments shall remain in the Massachusetts healthy homes program
47fund and not revert to the commonwealth. The department shall make distributions from the
48Massachusetts healthy homes program fund to one or more eligible applicants.
49 The department, and entities administering the Massachusetts healthy homes program
50fund on the department’s behalf, may make grants or loans from the fund to eligible applicants to
51ensure owner-occupied and rental units are free of habitability concerns.
52 For low-income owner-occupants, the assistance shall be provided as a grant.
53 For moderate-income owner-occupants, the assistance shall be provided as a zero percent
54deferred payment loan with no repayment due until sale or refinancing of the property. If the 4 of 5
55moderate-income owner-occupant continues to own the property for three years after receiving
56the loan, then the loan shall be forgiven.
57 For other eligible owner-occupants and small landlords, the assistance shall be provided
58as a zero percent deferred payment loan with no repayment until sale or refinancing of the
59property. An other eligible owner-occupant or a small landlord may apply for loan forgiveness
60once three years have passed following receipt of the loan. The department shall forgive the loan
61if the department determines that the other eligible owner-occupant or the small landlord has (1)
62owned the property without interruption after having received the loan; (2) addressed all
63habitability concerns in a timely fashion; (3) not evicted tenants, other than for cause; and (4)
64kept rent increases to no more than five percent per year in each of the past three years.
65 For larger landlords, the assistance shall be provided as a below-market-rate loan with
66interest rate and repayment term determined by the department. The department shall provide
67said below-market-rate loan only to a larger landlord who executes an agreement with the
68department that, for a term of three years, requires the landlord who owns such property to: (1)
69maintain ownership of the property without interruption after having received the loan; (2)
70address all habitability concerns in a timely fashion; (3) not evict tenants, other than for cause;
71and (4) keep rent increases to no more than five percent per year for each of the three years. If a
72larger landlord does not comply with the requirements of the loan, then the department may
73require immediate repayment of the assistance.
74 The department, and entities administering the Massachusetts healthy homes program
75fund on the department’s behalf, shall administer the Massachusetts healthy homes program fund
76under program guidelines established by the department and using program forms established by 5 of 5
77the department. The department, and any other such administering entities, shall strive to, in its
78administration of the program, make funds available to address habitability concerns and (1)
79augment funds from other home repair programs; (2) increase retention in workforce
80development programs associated with home repairs; (3) provide technical assistance to address
81habitability concerns; and (4) support outreach, including, but not limited to, minimizing
82cultural, linguistic or other barriers and maximizing access to program resources. The department
83may use funds from the Massachusetts healthy homes program fund for said activities.
84 Grants or loans from the Massachusetts healthy homes program fund shall not exceed
85$50,000 per unit, unless the department waives this limit upon a determination of the necessity of
86such waiver, provided that the average amount of assistance does not exceed $50,000 per unit.
87 At least fifty percent of the funds shall be made to owners of buildings located in a
88gateway municipality as defined in section 3A of chapter 23A.
89 Section 31(d). The department shall promulgate guidance or regulations to enforce the
90provisions of this act no later than 180 days after the effective date of the act. The department
91shall report on all expenditures from the Massachusetts healthy homes program fund to the clerks
92of the senate and the house of representatives, the joint committee on housing and the senate and
93house committees on ways and means not later than eighteen months after the promulgation of
94this act and annually thereafter. The department shall also make the report publicly available on
95the website of the executive office of housing.