Economic Development Bill Moves to State Senate

by | Jul 19, 2022 | Housing News

On July 14, the Massachusetts House of Representatives passed its Economic Development Bill after two days of debate. The housing-related sections in the final House Economic Development Bill (H.5034) remained largely unchanged compared to the bill released earlier by the House Ways and Means Committee. However, the House did add language to update adaptability and accessibility standards for newly built multifamily housing.

Updated Adaptability Standards: The language would require any vacant residential building undergoing a gut rehabilitation or any non-residential (commercial) building undergoing a gut rehabilitation as part of a change in use into multifamily to have all units be adaptable, regardless of when the building was constructed.

Updated Accessibility Standards: The language would require any residential building when constructed to have 5% of units in buildings with 20+ units to be accessible.

Rules & Regulations: The language directs the Architectural Access Board to issue rules and regulations with design standards and procedures to implement the adaptability and accessibility standards through.
The bill now moves to the State Senate which will debate the legislation starting July 21.
On July 19, the Senate Ways and Means Committee released its Economic Development Bill proposal (S.3018). The Senate Ways and Means Bill contains similar housing provisions as the House bill. However, the Senate Ways and Means Bill proposed $400 million for affordable housing to be funding through American Rescue Plan Act Funds and the state budget surplus, which was not included in the House Bill. More information on that addition as well as a summary of all housing related sections in the bill are in the table below.
Comparison of Housing Related Sections in House and Senate Ways & Means Economic Development Bills
As the Senate prepares to debate its Economic Development Bill, CHAPA will be advocating for amendments to strengthen the bill for affordable housing, community development, and homelessness prevention.
Line Item Topic Description Amount
Funded from ARPA & Budget Surplus
1599-6084 Affordable Housing Reserve Reserve to be managed by MassHousing to support the following:

  • $100 million for CommonWealth Builder Program to support production of affordable homeownership opportunities in socially disadvantaged communities
  • $150 million for workforce housing to create housing for incomes from 60-120% of the Area Median Income (AMI)
  • $150 million for the state’s Affordable Housing Trust Fund for creating housing with a particular focus on very low- and extremely low-income households
 $400,000,000
Funded by Capital Spending
7002-8048 MassWorks Capital authorization for infrastructure development program $400,000,000
7002-8051 Redevelopment of Blighted Properties Capital authorization for MassDevelopment program to improve, rehabilitate, or redevelop blighted, abandoned, vacant, or underutilized properties to eliminate blight, increase housing production, support economic development, and other activities $50,000,000
7002-8052 Technical Assistance for Planning Capital authorization for technical assistance grants for municipalities and regional applicants to support planning and local initiatives related to community development, housing production, and other activities $5,000,000
7002-8054 Rural Community Grants Capital authorization for rural and small towns with less than 7,000 residents to support economic development, job creation, and housing and climate resilience initiatives $10,000,000
7004-0070 Community Based Housing Capital authorization for the development of integrated housing for people with disabilities with priority for individuals who are in institutions or nursing facilities or at risk of institutionalization $32,100,000
7004-0073 Housing Stabilization Fund Capital authorization for the acquisition, preservation, and rehabilitation of affordable housing, including foreclosed and distressed properties $73,100,000
7004-0075 Public Housing Redevelopment Demonstration Program Capital authorization for demonstration program that allows public housing authorities to use innovative public housing finance tools to leverage new funds and partners to rehabilitate public housing and reduce ongoing capital costs $19,300,000
7004-0076 Housing Innovations Fund Capital authorization to support the production of innovative and alternative forms of rental housing, including single person occupancy units, transitional and permanent housing for the unhoused, shelters for survivors of domestic violence, supportive housing, and housing for substance abuse recovery $29,500,000
7004-0079 Housing at Transit Nodes Capital authorization for program that supports the creation of smart growth, affordable housing near public transportation $11,700,000
7004-0081 Public Housing Capital authorization to help rehabilitate our state public housing stock. It allows local housing authorities to plan for capital improvements, renovations, abatement of hazardous materials, or to remodel homes for persons with disabilities. $95,200,000
7004-0084 Climate Resilient Housing Capital authorization for program to support production and preservation of sustainable and climate resilient affordable multifamily housing $1,000,000
7004-8026 40R Smart Growth Trust Fund Capital authorization for the Chapter 40R smart growth trust fund $6,900,000
Outside Sections (sections that do not involve funding appropriations)
Brownfields Redevelopment Fund Program Changes
  • Removes definition of “economically distressed areas” to allow grants to be made to projects not tied to the Massachusetts Oil and Hazardous Material Release Prevention and Response Act
  • Adjusts definition of “priority projects” to allow eligibility for projects that will receive substantial funds from the municipality even if those financial funds have not yet been received by the project
  • Increases maximum award from $500,000 to $750,000 for projects to conduct environmental cleanup
  • Increases maximum award from $100,000 to $250,000 for projects to conduct environmental site assessments
  • Allows the grant applicant’s required 20% contribution to the project to be not only cash support but also in-kind services or other non-cash contribution
  • Expands list of entities eligible for grants to add non-profit entities in connection with a project that has demonstrable public benefit
  • Adds a preference for awards to be made to projects within 1 mile of an environmental justice population
40R Changes Removes starter home zoning districts from Chapter 40R
Starter Home Zoning Districts – Ch. 40Y Creates Chapter 40Y for Starter Home Zoning Districts (“Districts”). Summary of changes to districts, as compared with 40R:

  • Districts no longer need to be in eligible locations as defined by 40R. Districts can be anywhere in a municipality and do not need to be tied to a smart growth location
  • Districts no longer needs to be at least 3 contiguous acres
  • Districts will still be eligible for zoning incentive payments and $3,000 production bonus payments for each home built from the 40R Smart Growth Trust Fund
  • DHCD may revoke approval of district and any incentive payment if no building permit is issued for any starter homes in the district within 5 years. This is an increase from the 3 year time period 40R currently allows
  • Districts will not be eligible for 40S payments for any increased school costs
  • Districts may be enacted by a simple majority vote
  • At least 50% of starter homes in a district must contain 3+ bedrooms and districts may not impose any age or other occupancy restrictions
  • For any proposed development of 12+ starter homes, at least 10% of starter homes must be affordable for households at or below 110% AMI. 40R currently requires that at least 20% of units be affordable to those at 100% AMI, with the option for municipalities to exempt projects with 12 or fewer units from these affordability requirements
Rental Deduction Increases the rent deduction cap from $3,000 to $4,000
Brownfields Tax Credit Extension Extends the Brownfields Tax Credit program through 2028
Senior Circuit Breaker Tax Increases the maximum senior circuit breaker tax from $750 to $1,755. Those 65+ are allowed a credit equal to the amount by which the real estate tax payment exceeds 10% of the taxpayer’s total income.
Housing Development Incentive Program (HDIP)
  • Raises the cap on HDIP from $10 million to $57 million for 1 year and then sets it at $30 million annually after that
Public Housing Reforms – Capital Funds Adds definition of “capital funds” to the public housing statute, ch. 121B
Public Housing Reforms – Replacement Unit Adds definition of “replacement unit” to ch. 121B to describe the former public housing units that will be the affordable housing units at the rehabilitated development.
Public Housing Reforms – Borrowing Against Capital Funds Allows LHAs to borrow against their capital funds in order to leverage more resources for rehabilitation projects
Public Housing Reforms – Technical Amendment Technical amendment to ch. 121B that clarifies that an LHA’s power to undertake the disposition of property includes a disposition by a means other than sale (e.g., long-term lease).
Public Housing Reforms Revises the findings that DHCD must make to approve a sale or disposition of a public housing project to create greater opportunity for redevelopment of existing public housing, while adding a requirement for one-for-one replacement
Public Housing Reforms Requires, as a condition of sale or disposition of an existing housing project, that the redevelopment partner enter into a binding land use restriction, requiring compliance with public housing restrictions with respect to replacement units in perpetuity, except in limited circumstances for projects utilizing federal low income housing tax credits.
Public Housing Reforms – Technical Amendment Technical change to ch. 121B to address powers of a housing authority when it is not financially feasible to maintain units to a reasonable program standard for occupancy even if the units have not yet fallen below that standard.
Public Housing Reforms – Technical Amendment Technical correction to make clear that section 26(p) applies to certain types of dispositions as well as demolition.
Public Housing Reforms – Vacancy Requirement Changes the requirement that a unit must be determined to be vacant as of November 1, 2012, in order for a housing authority to seek DHCD approval to dispose of or demolish the unit to a requirement that the unit be vacant for a two year period before disposition or demolition.
Public Housing Reforms – Procuring Redevelopment Partners Adds provisions permitting LHAs to procure developer partners for redevelopment projects through a competitive, qualifications-based procurement process that will allow the disposition of property to the selected developer without having to go through a separate land disposition process.
Public Housing Reforms Exempts LHAs that do not own, lease, or manage any state-aided public housing units from DHCD oversight.
Public Housing Reforms – Retaining Proceeds Allows LHAs to retain the proceeds of the sale of any housing authority land for the purpose of rehabilitating other LHA property
Public Housing Reforms – Filed Sub-bid Exemption Exempts public housing redevelopment projects from ch. 149 filed sub-bid requirements but does not relieve such redevelopment from prevailing wage requirements

 

Legislature passes FY2023 Budget

by | Jul 18, 2022 | Housing News

The House and Senate both unanimously approved a compromise $52.7 billion annual budget (H 5050) for the fiscal year 2023, which began on July 1st with an interim spending plan in place.

The bill proposes a $1.46 billion deposit to the state’s Rainy Day fund, which would bring it to the balance of $7.35 billion. The bill includes $14 billion in federal reimbursements and other sources, with the total funds for the budget being $54.87 billion.

The bill is now on Governor Baker’s desk. The Governor has 10 days to review it and send it back with amendments and vetoes. With the formal session ending July 31st, the Legislature will have a short time to override any vetoes.

Please refer to CHAPA Budget Priority chart for funding amounts for affordable housing. Below is the summary of some critical programs:

  • Mass. Rental Voucher Program (MRVP) – MRVP is funded at $154 million  along with language to:
    • Move MRVP to a payment standard aligned with Section 8 up to 110% FMR starting from January 1st, 2023
    • Caps tenant rent payment to 30% of monthly adjusted income, defined as the contract rent plus an amount allowed by the department for tenant-paid utilities
    • Carries forward $21.9 million in unspent funds from FY22 bringing the MRVP total allocation at ~$175 million
  • Residential Assistance for Families in Transition (RAFT) – The Legislature funds RAFT at $150 million in addition to the $60 million leftover from the FY2022 Supplemental budget with the total being close to $210 million for FY2023. This is critical given that the federal funding for rental assistance has almost ended. The Legislature also increases RAFT benefit to $10,000 until June 30, 2023, after which the benefit will drop to $7,000.
  • Alternative Housing Voucher Program (AHVP) – The Legislature allocated $13.6 million along with language to carry forward $5.6 million in unspent funds from FY22 bringing the AHVP total allocation to $19.2 million.
  • Public Housing – The Legislature allocates $92 million in funding for Public Housing Operating line item.
  • HomeBASE – The Legislature allocates $56.9 million for HomeBASE with automatic renewal of benefits for up to 2 years.
  • CPA – The Legislature also transfers $20 million to the Massachusetts Community Preservation Trust Fund

Please refer to CHAPA’s detailed language analysis of the Legislative Budget for FY2023.

CHAPA thanks Senate President Spilka, House Speaker Mariano, Chairman of Ways & Means Committee, Sen. Rodrigues and Rep. Michlewitz, Members of the Ways & Means Committee, Chairman of Housing Committee, Sen. Keenan and Rep. Arciero, and all the legislators for historic investments in affordable housing priorities.

CHAPA’s Statement on The Pryde Vandalism

by | Jul 14, 2022 | Housing News

Citizens’ Housing and Planning Association (CHAPA) is appalled by and condemns the hateful vandalism at The Pryde, a new inclusive development for LGBTQ+ seniors in the Hyde Park neighborhood of Boston. Residents must feel safe in their communities and this kind of hateful act meant to scare people away cannot be tolerated.

This display of hatred is not new and is the very reason we need more homes that are safe for people who have been intentionally excluded and discriminated against. We must stand up to acts of hatred and we must do more to ensure people have a sense of belonging wherever they choose to live. It is not enough to condemn such behavior; we must take intentional action to make every community across the Commonwealth more welcoming and inclusive for people of all sexual orientations, genders, ages, races, disabilities, family sizes, immigration statuses, and income levels. Enforcing and affirmatively furthering fair housing at all stages of neighborhood development is one key way to foster a bright and inclusive future where everyone can thrive.

We need more developments like The Pryde and we all — individually and as communities — must stand up against hate.

Q&A with CHAPA Homeownership Staff

by | Jul 12, 2022 | Housing News

Maritza Crossen is the Director of Real Estate Services at CHAPA.

Please share your role and responsibilities at CHAPA.
At CHAPA, I have the privilege of working with the sellers and buyers upon resale of an affordable home in CHAPA’s monitoring portfolio. I ensure that a robust marketing plan is created, promoting a fair and equitable chance for all households to apply for the affordable housing opportunity. I also serve as the liaison between the buyer and seller throughout the sale process. It is a joy to be able to help so many first-time homebuyers achieve their dream of homeownership and assist the sellers in passing along the incredible benefit of this program created by our state to new homeowners.

What is the most rewarding part of your work?
Making the phone call to inform a potential buyer that’s been selected in an affordable housing lottery, without having to deal with the burden of a bidding war, is the highlight of my day. Giving potential buyers hope that they could actually attain their goal of being a homeowner one day by sharing the many resources we have in our state through MassHousing and MHP’s products, down payment assistance, and affordable homeownership opportunities is very fulfilling.

How do diversity and access play a role in your work?
Diversity and access are the driving force for all of our homeownership work. As a CHAPA team, we’re determined to help make a difference, both big and small, in closing the racial homeownership gap. We do this through our outreach, education, as well as with our ongoing advocacy for the production and preservation of affordable housing for all across the state.

What are the gaps you see needing to be filled in the field?
There is so much more than can be done to close the racial homeownership gap and increase Black and Brown first-time and first-generation homebuyers in Massachusetts! We need more housing for all income levels in communities across the Commonwealth but particularly for households of low and moderate incomes. We need more down payment assistance, assistance to lower student debt, and additional methods to prove a buyer’s ability to pay a mortgage beyond their credit score.

What’s one piece of advice you’d share with future homeowners?
Education on this process can help you feel so empowered and prepared. There are over 50 incredible homebuyer education agencies throughout Massachusetts that offer first-time homebuyer courses that will give you the tools and tips necessary to ensure you are well prepared to make what will most likely be the largest investment you’ve ever made!

Ron McCormick is the Program Manager at CHAPA.

Please share your role and responsibilities at CHAPA.
I was hired in October 2021 as a Program Manager. I’m responsible for assisting the owners of affordable homes in CHAPA’s monitoring portfolio and any income-eligible persons and families with resales and refinances as well as explaining how the state’s 40B program works.

What is the most rewarding part of your work?
Notifying an income-eligible buyer that they’ve been selected to purchase a home. You become immediately aware that the lives of families can change because of the work we do at CHAPA.

How do diversity and access play a role in your work?
CHAPA is able to track the families who are applying to purchase affordable homes and use that information to expand the awareness of the 40B program in communities often left out by traditional outreach methods.

What are the gaps you see needing to be filled in the field?
Awareness and erasing stigma. The more people we can bring to the table, the better. People can incorrectly perceive affordable housing as “less-than,”  but no one is “less-than” just because they don’t earn a six-figure income. Affordable homes in all communities are what everyone — and our state as a whole — needs to thrive.

What’s one piece of advice you’d share with future homeowners?
I think it really helps to network and find out what’s out there. Find out who’s doing what and where and when. Throw your hat into the proverbial ring again and again, if need be.

CHAPA Priority Amendments for House Economic Development Bill (H.5007)

by | Jul 12, 2022 | Housing News

On July 11, the House Committee on Ways and Means released its Economic
Development Bill proposal (H.5007), An Act Relating to Economic Growth and Relief
for the Commonwealth, originally filed by Governor Baker and reported out favorably
by the Joint Committee on Economic Development and Joint Committee on Bonding.
The House will vote on the bill later this week.

The following amendments to H.5007 will help us recover from the virus while also
moving forward on long-term solutions to the tremendous affordable housing challenges
we faced long before the pandemic. The legislation includes investments in production
of affordable housing through capital authorizations, homeownership opportunities,
reforms for public housing redevelopment, and more.

pdf of CHAPA priority amendments

Please call or email your State Representative TODAY to ask them to co-
sponsor CHAPA’s priority amendments in the Economic Development Bill
for affordable housing, community development, and homelessness
prevention!

You can use the following script in your message to your State Representative:

As your constituent, I ask that you please co-sponsor and support the following
amendments related to affordable housing, community development, clean energy and
homelessness prevention in the Economic Development bill. This legislation will help us
make historic investments in affordable housing and economic development for long
terms solutions to challenges we were facing long before the pandemic. We need to
adopt these amendments to help everyone have a safe, healthy, and affordable home.
Thank you!

As always, thank you for your advocacy!
Contact Your State Representative
#25 – Public Housing Resident Protections during Redevelopment
Sponsored by Rep. Honan

  • Ensures retention of basic resident protections for existing and future residents as public housing redevelopment moves forward.
  • Ensures provision of technical assistance for public housing residents to allow for meaningful input into the redevelopment process.

#439 – Legalizing ADUs
Sponsored by Rep. Vargas

  • Allows Accessory Dwelling Units (ADUs) by right on 5,000 sq. ft lots in every municipality

#78 – Zero Carbon Renovation Fund
Sponsored by Rep. Gouveia

  • Establishes a Zero Carbon Renovation Fund with an allocation of $250,000,000 for providing grants to fund deep energy retrofits and zero carbon renovations

#113 – Inclusionary Zoning
Sponsored by Rep. Connolly

  • Allows cities and towns to pass inclusionary zoning bylaws by a simple majority vote instead of the current super majority requirement

#48 – Flexible Funding Pool
Sponsored by Rep. Meschino

  • Creates a flexible funding pool for creating supportive housing to address the medically complex needs of disabled men, women and children experiencing homelessness

#350 – Permanent Supportive Housing
Sponsored by Rep. Vargas

  • $10 million for permanent supportive housing for operating and service costs necessary to support individuals and families experiencing chronic homelessness

#652 – Expanded Access to RAFT
Sponsored by Rep. Decker

  • Increases RAFT emergency housing assistance funding by $250 million by allocating Budget Surplus and ARPA Funds

#238 – STASH Program
Sponsored by Rep. Peake

  • $30 million for STASH program that provides first-generation homebuyers with homeownership opportunities

#176 – Local Option for Transfer Fees
Sponsored by Rep. Connolly

  • Creates an enabling legislative framework allowing local towns to enact a fee on certain real estate transactions to support affordable housing

#230 – (HERO) Sustainable Climate & Housing Revenue
Sponsored by Rep. Elugardo

  • Doubles the deeds excise tax on the sale of real property and dedicates the estimated $300 million in annual revenue towards affordable housing and climate sustainability

#83 – Non-Profit Board Members
Sponsored by Rep. Cahill

  • Allows non-profit board members to receive up to a $500 stipend so that the voices of people with lived-experiences, who may have modest incomes or are not able to take time away from their job, can serve on the board

House Prepares Economic Development Bill (H.5007) for Vote

by | Jul 12, 2022 | Housing News

On July 11, the House Committee on Ways and Means released its Economic Development Bill proposal (H.5007), originally filed by Governor Baker and reported out favorably by the Joint Committee on Economic Development and Joint Committee on Bonding. A summary of the housing related provisions in the bill is included below.

The House Ways & Means Committee included the $270 million in capital authorizations for affordable housing programs as originally filed by Governor Baker. The Committee also added additional funding for affordable housing to be funding through state American Rescue Plan Act (ARPA) Fiscal Recovery Funds and funds from the state’s revenue surplus. These housing funds include $100 million to create and support homeownership opportunities to close the racial homeownership gap and $75 million to support affordable housing projects led by developers of color.

House Ways and Means also included provisions to increase the rental tax deduction from $3,000 to $4,000 and increase the maximum senior property tax circuit breaker from $750 to $1,755.

As included in previous versions of the Economic Development Bill, House Ways and Means also included:

  • Reforms to increase housing authorities’ ability to rehabilitate and improve public housing – including an exemption for public housing redevelopment projects from the filed sub-bid requirements;
  • A more than tripling of the Housing Development Incentive Program (HDIP), including a one-year boost to HDIP of $57 million; and
  • Reforms to starter home zoning districts currently included in Chapter 40R.

The House will vote on the bill later this week. Representatives filed more than 800 amendments to be considered during the bill debate. CHAPA will post a list of our priority amendments that will further strengthen the Economic Development Bill for affordable housing.

Summary of Housing Related Sections in 2022 Economic Development Bill
As reported out by the House Committee on Ways and Means on July 11, 2022

H5077, An Act investing in future opportunities for resiliency, workforce, and revitalized downtowns (FORWARD)

Section &
Line Item		 Topic Description Amount
Funded from ARPA & Budget Surplus

§ 2A – 1599-6060

Homeownership Equity

Reserve for affordable housing and homeownership equity. Directs funds to be expended for creating and enhancing access to homeownership in socially disadvantaged communities.

$100,000,000

§ 2A – 1599-6061

Equitable Developer’s Fund

Reserve for equitable developers’ financing program. Projects must be in a Gateway City, qualified census tract, or community disproportionately impacted by COVID. The developer/sponsor must be controlled by someone who has been socially or economically disadvantaged or disproportionately impacted by COVID, to be defined by MassHousing. To be administered by MassHousing and/or MassDevelopment

$75,000,000
Funded by Capital Spending
§ 3A – 7002-8048 MassWorks Capital authorization for infrastructure development program $400,000,000
§ 3A – 7002-8051 Redevelopment of Blighted Properties Capital authorization for MassDevelopment program to improve, rehabilitate, or redevelop blighted, abandoned, vacant, or underutilized properties to eliminate blight, increase housing production, support economic development, and other activities $50,000,000
§ 3A – 7002-8052 Technical Assistance for Planning Capital authorization for technical assistance grants for municipalities and regional applicants to support planning and local initiatives related to community development, housing production, and other activities $5,000,000
§ 3A – 7002-8054 Rural Community Grants Capital authorization for rural and small towns with less than 7,000 residents to support economic development, job creation, and housing and climate resilience initiatives $10,000,000
§ 3B – 7004-0070 Community Based Housing Capital authorization for the development of integrated housing for people with disabilities with priority for individuals who are in institutions or nursing facilities or at risk of institutionalization $32,100,000
§ 3B – 7004-0073 Housing Stabilization Fund Capital authorization for the acquisition, preservation, and rehabilitation of affordable housing, including foreclosed and distressed properties $73,100,000
§ 3B – 7004-0075 Public Housing Redevelopment Demonstration Program Capital authorization for demonstration program that allows public housing authorities to use innovative public housing finance tools to leverage new funds and partners to rehabilitate public housing and reduce ongoing capital costs $19,300,000
§ 3B – 7004-0076 Housing Innovations Fund Capital authorization to support the production of innovative and alternative forms of rental housing, including single person occupancy units, transitional and permanent housing for the unhoused, shelters for survivors of domestic violence, supportive housing, and housing for substance abuse recovery $29,500,000
§ 3B – 7004-0079 Housing at Transit Nodes Capital authorization for program that supports the creation of smart growth, affordable housing near public transportation $11,700,000
§ 3B – 7004-0081 Public Housing Capital authorization to help rehabilitate our state public housing stock. It allows local housing authorities to plan for capital improvements, renovations, abatement of hazardous materials, or to remodel homes for persons with disabilities. $95,200,000
§ 3B – 7004-0084 Climate Resilient Housing Capital authorization for program to support production and preservation of sustainable and climate resilient affordable multifamily housing $1,000,000
§ 3B – 7004-8026 40R Smart Growth Trust Fund Capital authorization for the Chapter 40R smart growth trust fund $6,900,000
§§ 7–21 Brownfields Redevelopment Fund Program Changes
  • Removes definition of “economically distressed areas” to allow grants to be made to projects not tied to the Massachusetts Oil and Hazardous Material Release Prevention and Response Act
  • Adjusts definition of “priority projects” to allow eligibility for projects that will receive substantial funds from the municipality even if those financial funds have not yet been received by the project
  • Increases maximum award from $500,000 to $750,000 for projects to conduct environmental cleanup
  • Increases maximum award from $100,000 to $250,000 for projects to conduct environmental site assessments
  • Allows the grant applicant’s required 20% contribution to the project to be not only cash support but also in-kind services or other non-cash contribution
  • Expands list of entities eligible for grants to add non-profit entities in connection with a project that has demonstrable public benefit
  • Adds a preference for awards to be made to projects within 1 mile of an environmental justice population
§§ 26–70 40R Changes Removes starter home zoning districts from Chapter 40R
§ 71 Starter Home Zoning Districts – Ch. 40Y Creates Chapter 40Y for Starter Home Zoning Districts (“Districts”). Summary of changes to districts, as compared with 40R:

  • Districts no longer need to be in eligible locations as defined by 40R. Districts can be anywhere in a municipality and do not need to be tied to a smart growth location
  • Districts no longer needs to be at least 3 contiguous acres
  • Districts will still be eligible for zoning incentive payments and $3,000 production bonus payments for each home built from the 40R Smart Growth Trust Fund
  • DHCD may revoke approval of district and any incentive payment if no building permit is issued for any starter homes in the district within 5 years. This is an increase from the 3 year time period 40R currently allows
  • Districts will not be eligible for 40S payments for any increased school costs
  • Districts may be enacted by a simple majority vote
  • At least 50% of starter homes in a district must contain 3+ bedrooms and districts may not impose any age or other occupancy restrictions
  • For any proposed development of 12+ starter homes, at least 10% of starter homes must be affordable for households at or below 110% AMI. 40R currently requires that at least 20% of units be affordable to those at 100% AMI, with the option for municipalities to exempt projects with 12 or fewer units from these affordability requirements
§ 73 Rental Deduction Increases the rent deduction cap from $3,000 to $4,000
§§ 75–77, 86–91 Brownfields Tax Credit Extension Extends the Brownfields Tax Credit program through 2028
§ 78 Senior Circuit Breaker Tax Increases the maximum senior circuit breaker tax from $750 to $1,755. Those 65+ are allowed a credit equal to the amount by which the real estate tax payment exceeds 10% of the taxpayer’s total income.
§§ 79–82, 89–92 Housing Development Incentive Program (HDIP)
  • Raises HDIP project cap to $3,000,000
  • Raises the cap on HDIP from $10 million to $57 million for 1 year and then sets it at $30 million annually after that
§ 102 Public Housing Reforms – Capital Funds Adds definition of “capital funds” to the public housing statute, ch. 121B
§ 103 Public Housing Reforms – Replacement Unit Adds definition of “replacement unit” to ch. 121B to describe the former public housing units that will be the affordable housing units at the rehabilitated development.
§ 104 Public Housing Reforms – Borrowing Against Capital Funds Allows LHAs to borrow against their capital funds in order to leverage more resources for rehabilitation projects
§ 105 Public Housing Reforms – Technical Amendment Technical amendment to ch. 121B that clarifies that an LHA’s power to undertake the disposition of property includes a disposition by a means other than sale (e.g., long-term lease).
§ 106 Public Housing Reforms Revises the findings that DHCD must make to approve a sale or disposition of a public housing project to create greater opportunity for redevelopment of existing public housing, while adding a requirement for one-for-one replacement
§ 107 Public Housing Reforms Requires, as a condition of sale or disposition of an existing housing project, that the redevelopment partner enter into a binding land use restriction, requiring compliance with public housing restrictions with respect to replacement units in perpetuity, except in limited circumstances for projects utilizing federal low income housing tax credits.
§ 108 Public Housing Reforms – Technical Amendment Technical amendment to ch.121B
§ 109 Public Housing Reforms – Technical Amendment Technical change to ch. 121B to address powers of a housing authority when it is not financially feasible to maintain units to a reasonable program standard for occupancy even if the units have not yet fallen below that standard.
§ 110 Public Housing Reforms – Technical Amendment Technical correction to make clear that section 26(p) applies to certain types of dispositions as well as demolition.
§ 111 Public Housing Reforms – Vacancy Requirement Changes the requirement that a unit must be determined to be vacant as of November 1, 2012, in order for a housing authority to seek DHCD approval to dispose of or demolish the unit to a requirement that the unit be vacant for a two year period before disposition or demolition.
§ 112 Public Housing Reforms – Procuring Redevelopment Partners Adds provisions permitting LHAs to procure developer partners for redevelopment projects through a competitive, qualifications-based procurement process that will allow the disposition of property to the selected developer without having to go through a separate land disposition process.
§ 113 Public Housing Reforms Exempts LHAs that do not own, lease, or manage any state-aided public housing units from DHCD oversight.
§ 114 Public Housing Reforms – Retaining Proceeds Allows LHAs to retain the proceeds of the sale of any housing authority land for the purpose of rehabilitating other LHA property
§ 115 Public Housing Reforms – Conforming Change Conforming change to allow disposition of LHA property
§ 116 Public Housing Reforms – Filed Sub-bid Exemption Exempts public housing redevelopment projects from ch. 149 filed sub-bid requirements but does not relieve such redevelopment from prevailing wage requirements