HD 902 Massachusetts House · 193rd Legislature (2023-2024)

An Act enabling municipal housing agencies to enter enforceable deed restriction agreements with small property owners in good standing as part of zoning variance approval

This bill allows Massachusetts cities and towns to require small property owners who seek zoning variances to sign agreements that permanently reserve some renovated units as affordable housing. Under the new rules, owners renovating buildings with fewer than ten units must agree to either pay a fee into a local affordable housing fund, set aside specific units for low-income residents, or do both. The law defines affordable housing as units where income is below 50 percent of the area median and housing costs do not exceed 35 percent of household income. These agreements would be legally binding for at least 20 years and could be enforced by the city or a designated nonprofit organization. Municipalities would also be required to establish their own guidelines for granting these variances and specify penalties for failing to comply with the agreement.
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Role
Legislator
Party
State
District
P
SM
Sam Montaño
DDemocratic
MA
15th Suffolk