Session Laws

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. To provide for a program of studies, preparation of plans, construction, reconstruction, renovation, alteration and improvement, including, but not limited to, development of additional state-assisted housing units, as well as modernization of existing state-assisted and certain federally-assisted housing units, and for the purchase of certain property, including, but not limited to, site acquisition and development, and for various programs increasing the housing stock available within the commonwealth, the sums set forth in sections two to seven, inclusive, for the several purposes and subject to the conditions specified under the provisions of this act in sections two to twenty-three, inclusive, are hereby made available, subject to the provisions of law regulating the disbursement of public funds and the approval thereof.

SECTION 2.

`tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=11,53,tfh1;c5=15,49,tu;c6=65,14,tur `tch `tc1 `ts Item `t+1 `tch;end `tc1 3722-8861 `tc4 For state financial assistance in the form of a grant by the commonwealth acting by and through the department of community affairs; provided, however, that said department may enter into a contract or contracts with a housing authority for the development costs of housing for families of low income pursuant to the provisions of section thirty-four of chapter one hundred and twenty-one B of the General Laws `tc6 $101,000,000 `tcol;end `tm;keep=yes

SECTION 3.

`tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=11,53,tfh1;c5=15,49,tu;c6=65,14,tur `tch `tc1 `ts Item `t+1 `tch;end `tc1 3722-8862 `tc4 For state financial assistance in the form of a grant by the commonwealth acting by and through the department of community affairs; provided, however, that said department may enter into a contract or contracts with a housing authority for the development costs of housing for elderly persons of low income, pursuant to the provisions of section forty-one of chapter one hundred and twenty-one B of the General Laws `tc6 $66,600,000 `tcol;end `tm;keep=yes

SECTION 4.

`tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=11,53,tfh1;c5=15,49,tu;c6=65,14,tur `tch `tc1 `ts Item `t+1 `tch;end `tc1 3722-8863 `tc4 For state financial assistance in the form of a grant by the commonwealth acting by and through the department of community affairs; provided, however, that said department may enter into a contract or contracts with a housing authority for the development costs of housing for handicapped persons of low income or families of low income of which one or more persons is handicapped pursuant to the provisions of section forty-one A of chapter one hundred and twenty-one B of the General Laws; and provided further, that from the sum appropriated herein at least five million dollars shall be expended for accessible rehabilitation and construction of barrier free units `tc6 $30,300,000 `tcol;end `tm;keep=yes

SECTION 5.

`tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=11,53,tfh1;c5=15,49,tu;c6=65,14,tur `tch `tc1 `ts Item `t+1 `tch;end `tc1 3722-8864 `tc4 For state financial assistance in the form of a grant by the commonwealth acting by and through the department of community affairs; provided, however, that said department may enter into a contract or contracts with a housing authority for projects undertaken pursuant to clause (j) of section twenty-six of chapter one hundred and twenty-one B of the General Laws; provided, further, that in awarding a contract or contracts funded from the sum appropriated herein said department shall give first priority to projects which renovate, remodel, reconstruct, repair, or otherwise improve housing units which are unoccupied; and, provided further, that from the sum appropriated herein at least five hundred thousand dollars shall be expended for the construction, rehabilitation, or renovation of existing space for the purposes of day care facilities, not including services associated with day care `tc6 $91,500,000 `tcol;end `tm;keep=yes

SECTION 6.

`tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=11,53,tfh1;c5=15,49,tu;c6=65,14,tur `tch `tc1 `ts Item `t+1 `tch;end `tc1 3722-8865 `tc4 For state financial assistance in the form of a grant by the commonwealth acting by and through the department of community affairs; provided, however, that said department may enter into a contract or contracts with a housing authority for a demonstration program to undertake projects for the renovation, remodeling, reconstruction, repair, landscaping, and improvement of any federally-assisted low-rent housing project or part thereof, owned by a housing authority; provided, however, that in awarding a contract or contracts funded from the sum appropriated herein said department shall give first priority to projects which renovate, remodel, reconstruct, repair, or otherwise improve housing units which are unoccupied; provided, further, that before entering into such a contract or contracts the department shall first have found that: (1) such low-rent housing is seriously distressed and will continue to remain distressed unless the funds provided herein are available to the project or part thereof; (2) any funds provided herein will be in addition to, and not in lieu of, any federal funds available for said housing; (3) significant effort has been made to obtain federal funding for the project and that funds provided herein shall be used to leverage additional federal funding for the project; and (4) any such project shall be undertaken in accordance with plans approved by the department; and, provided further, that upon receipt by a housing authority of any funds provided herein, the housing authority shall develop a management plan, acceptable to the department, which includes, but need not be limited to, a maintenance program which will identify steps to be taken on a regular basis to maintain building systems `tc6 $35,000,000 `tcol;end `tm;keep=yes

SECTION 7.

`tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=11,53,tfh1;c5=15,49,tu;c6=65,14,tur `tch `tc1 `ts Item `t+1 `tch;end `tc1 3722-8866 `tc4 For state financial assistance in the form of community development action grants by the commonwealth acting by and through the department of community affairs pursuant to section fifty-seven A of chapter one hundred and twenty-one B of the General Laws `tc6 $20,000,000 `tcol;end `tm;keep=yes

SECTION 8. To meet the expenditures necessary in carrying out the provisions of section two, the state treasurer shall, upon the request of the governor, issue and sell bonds of the commonwealth to an amount to be specified by the governor from time to time, but not exceeding, in the aggregate, the sum of one hundred and one million dollars. All bonds issued by the commonwealth, as aforesaid, shall be designated on their face, Family Public Housing Production Loan, Act of 1985, and shall be issued for such maximum term of years, not exceeding twenty years, as the governor may recommend to the general court pursuant to Section 3 of Article LXII of the Amendments to the Constitution of the Commonwealth; provided, however, that all such bonds shall be payable not later than June thirtieth, two thousand and ten.

Bonds and interest thereon under the authority of this section shall, notwithstanding any other provisions of this act, be general obligations of the commonwealth.

SECTION 9. To meet the expenditures necessary in carrying out the provisions of section three, the state treasurer shall, upon the request of the governor, issue and sell bonds of the commonwealth to an amount to be specified by the governor from time to time, but not exceeding, in the aggregate, the sum of sixty-six million six hundred thousand dollars. All bonds issued by the commonwealth, as aforesaid, shall be designated on their face, Elderly Public Housing Production Loan, Act of 1985, and shall be issued for such maximum term of years, not exceeding twenty years, as the governor may recommend to the general court pursuant to Section 3 of Article LXII of the Amendments to the Constitution of the Commonwealth; provided, however, that all such bonds shall be payable not later than June thirtieth, two thousand and ten.

Bonds and interest thereon under the authority of this section shall, notwithstanding any other provisions of this act, be general obligations of the commonwealth.

SECTION 10. To meet the expenditures necessary in carrying out the provisions of section four, the state treasurer shall, upon the request of the governor, issue and sell bonds of the commonwealth to an amount to be specified by the governor from time to time, but not exceeding, in the aggregate, the sum of thirty million three hundred thousand dollars. All bonds issued by the commonwealth, as aforesaid, shall be designated on their face, Handicapped Public Housing Production Loan, Act of 1985, and shall be issued for such maximum term of years, not exceeding twenty years, as the governor may recommend to the general court pursuant to Section 3 of Article LXII of the Amendments to the Constitution of the Commonwealth; provided, however, that all such bonds shall be payable not later than June thirtieth, two thousand and ten.

Bonds and interest thereon under the authority of this section shall, notwithstanding any other provisions of this act, be general obligations of the commonwealth.

SECTION 11. To meet the expenditures necessary in carrying out the provisions of section five, the state treasurer shall, upon the request of the governor, issue and sell bonds of the commonwealth to an amount to be specified by the governor from time to time, but not exceeding, in the aggregate, the sum of ninety-one million five hundred thousand dollars. All bonds issued by the commonwealth, as aforesaid, shall be designated on their face, Public Housing Modernization and Renovation Loan, Act of 1985, and shall be issued for such maximum term of years, not exceeding twenty years, as the governor may recommend to the general court pursuant to Section 3 of Article LXII of the Amendments to the Constitution of the Commonwealth; provided, however, that all such bonds shall be payable not later than June thirtieth, two thousand and ten.

Bonds and interest thereon under the authority of this section shall, notwithstanding any other provisions of this act, be general obligations of the commonwealth.

SECTION 12. To meet the expenditures necessary in carrying out the provisions of section six, the state treasurer shall, upon the request of the governor, issue and sell bonds of the commonwealth to an amount to be specified by the governor from time to time, but not exceeding, in the aggregate, the sum of thirty-five million dollars. All bonds issued by the commonwealth, as aforesaid, shall be designated on their face, Federally Assisted Public Housing Modernization and Renovation Loan, Act of 1985, and shall be issued for such maximum term of years, not exceeding twenty years, as the governor may recommend to the general court pursuant to Section 3 of Article LXII of the Amendments to the Constitution of the Commonwealth; provided, however, that all such bonds shall be payable not later than June thirtieth, two thousand and ten.

Bonds and interest thereon under the authority of this section shall, notwithstanding any other provisions of this act, be general obligations of the commonwealth.

SECTION 13. To meet the expenditures necessary in carrying out the provisions of section seven of this act, the state treasurer shall, upon the request of the governor, issue and sell bonds of the commonwealth to an amount to be specified by the governor from time to time, but not exceeding, in the aggregate, the sum of twenty million dollars. All bonds issued by the commonwealth, as aforesaid, shall be designated on their face, Community Development Action Grants Loan, Act of 1985, and shall be issued for such maximum term of years, not exceeding twenty years, as the governor may recommend to the general court pursuant to Section 3 of Article LXII of the Amendments to the Constitution of the Commonwealth; provided, however, that all such bonds shall be payable not later than June thirtieth, two thousand and ten. All interest and payments on account of principal of such obligations shall be payable from the Local Aid Fund.

Bonds and interest thereon under the authority of this section shall, notwithstanding any other provisions of this act, be general obligations of the commonwealth.

SECTION 14. The state treasurer may borrow from time to time on the credit of the commonwealth such sums of money as may be necessary for the purpose of meeting payments authorized by sections two to seven, inclusive, and may issue and renew from time to time notes of the commonwealth therefor, bearing interest payable at such time and at such rates as shall be fixed by the state treasurer. Such notes shall be issued and may be renewed one or more times for such terms, not exceeding one year, as the governor may recommend to the general court in accordance with Section 3 of Article LXII of the Amendments to the Constitution of the Commonwealth, but the final maturities of such notes, whether original or renewal, shall not be later than June thirtieth, nineteen hundred and ninety-eight.

Notes and interest thereon issued under the authority of this section, notwithstanding any other provisions of this act, shall be general obligations of the commonwealth.

SECTION 15. The department of community affairs shall submit a report to the house and senate committees on ways and means and to the joint committee on housing and urban development on or before January first, nineteen hundred and eighty-seven, which describes in detail and evaluates the demonstration program established pursuant to section six of this act. Said report shall include: (1) the extent to which state funds leveraged additional federal funds for the rehabilitation of federally-assisted low-rent housing; (2) the extent to which the program has proven to be cost effective; (3) the housing authorities which applied for such funds, including the number of units which each housing authority proposed to be rehabilitated and the total amount of funds which each housing authority requested; (4) an estimate of the number of federally-assisted low-rent housing units in need of rehabilitation which is not being funded under section six and of the cost of rehabilitating such units; and (5) the recommendation of the department on the continuation of the program, together with a recommended method of allocating future funds available for similar purposes.

SECTION 16. Notwithstanding the provisions of any general or special law to the contrary, housing authorities shall make maximum effort consistent with regulations promulgated by the department of community affairs and consistent with emergency case plans adopted pursuant thereto to make housing units developed with funding provided in sections two, five, and six available for homeless families of low income and receiving AFDC benefits, in areas where the department determines that such a need exists.

SECTION 17. Notwithstanding any general or special law to the contrary, the department is hereby authorized to set aside two hundred and fifty rental assistance certificates, pursuant to section forty-four of chapter one hundred and twenty-one B of the General Laws, to housing authorities for use by residents in lodging houses and single room occupancy units.

SECTION 18. Section 1 of chapter 121B of the General Laws, as appearing in the 1984 Official Edition, is hereby amended by inserting after the definition of "Urban Renewal project" the following definition:-

"Urban Revitalization and Development Project", any urban renewal project undertaken after January first, nineteen hundred and eighty-six for such residential, commercial, or industrial redevelopment projects as the department deems appropriate.

SECTION 19. Section 39 of said chapter 121B, as so appearing, is hereby amended by inserting, after the word "buildings,", in line 6, the following words:- or through the purchase of condominium units,.

SECTION 20. Said chapter 121B, as so appearing, is hereby further amended by striking out section 53 and inserting in place thereof the following section:-

Section 53. Any city or town, acting by and through its urban renewal agency, may apply to the department for an urban renewal assistance grant to meet in part the cost of an approved urban renewal project. Any city or town, acting by and through its urban renewal agency, may apply to the department for an urban revitalization and development grant to meet in part the cost of an approved urban revitalization and development project. Such application shall be in the form prescribed by the department, and shall be accompanied by such additional information, drawings, plans, reports, estimates and exhibits as the department may require. The department may make such rules and regulations as are necessary to effectuate the purposes of this section and sections fifty-four to fifty-seven, inclusive.

SECTION 21. Said chapter 121B is hereby further amended by striking out section 54, as so appearing, and inserting in place thereof the following section:-

Section 54. Upon receipt of an application under the provisions of section fifty-three the department shall examine such application and any facts, estimates or other information relative thereto, and shall determine whether the proposed project complies with the provisions of the general laws and with rules and regulations prescribed in accordance therewith governing the approval and administration of urban renewal assistance grants or urban revitalization and development grants. Upon the determination of satisfactory compliance, the department shall determine the estimated approved cost of such project, and compute the amount of the urban renewal assistance grant or urban revitalization and development grant to which the city or town would be entitled under section fifty-five.

Within a reasonable time after receipt of such application, the department shall notify such city or town of its approval or rejection thereof, and, in the event of its rejection, of the reasons therefor. If the department rejects such application, the city or town may elect to proceed with such project without the benefit of said urban renewal assistance grant or urban revitalization and development grant. Notice of approval hereunder shall be accompanied by a statement of the estimated approved cost as determined by the department and an estimate of the amount of urban renewal assistance grant or urban revitalization and development grant to which such city or town may be entitled under the provisions of section fifty-five.

The final approved cost shall be determined by the department within a reasonable time after the completion of the urban renewal project by the urban renewal agency.

If the determination of the final approved cost is delayed because the project is not completed, the payments preceding determination of the final approved cost may be based upon the estimated approved cost, and adjustments shall be made in the payment or payments which are made subsequent to the determination of the final approved cost.

SECTION 22. Section 57 of said chapter 121B, as so appearing, is hereby amended by inserting after the words "urban renewal assistance grants", in line 23, the following words:- or urban revitalization and development grants.

SECTION 22A. Said section 57 of said chapter 121B, as so appearing, is hereby further amended by adding the following clause:-

(d) The total amount of urban revitalization and development grants to be paid under the provisions of this section shall not exceed one million dollars in any one fiscal year or a total of twenty million dollars in the aggregate, including amounts authorized by the department to be advanced for the estimated expenses as provided in the first paragraph.

SECTION 23. All of the amounts appropriated under the provisions of this act shall be in addition to any amounts appropriated for such purposes prior to the passage of this act.

SECTION 24. Subsection (r) of section 3 of Chapter 23B of the General Laws is hereby amended by adding the following:- No regulation promulgated by the Executive Office of Communities and Development which concerns tenant selection in state aided housing shall supercede the tenant selection requirements outlined in sections 32 & 34 chapter 121B as they relate to local preference, emergency cases, or veterans preference.