HOUSE DOCKET, NO. 1420        FILED ON: 1/20/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1263

The Commonwealth of Massachusetts

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PRESENTED BY:

Colleen M. Garry

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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 relative to low and moderate income housing.

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PETITION OF:

HOUSE DOCKET, NO. 1420        FILED ON: 1/20/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1263

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1203 OF 2009-2010.]

The Commonwealth of Massachusetts

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In the Year Two Thousand Eleven

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An Act relative to low and moderate income housing.

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.  Section 20 of chapter 40B of the General Laws as appearing in the 2004 Official Edition, is hereby amended by inserting after the word “year”, in line 39, the following: - or (3) the number of housing  units transferred or sold in the prior calendar year at a value not exceeding the maximum sale price for a low or moderate income person as determined by the department of housing and community development exceeds 12 per cent of the total number of housing units transferred or sold during the same period.

SECTION 2.Said chapter 40B is hereby further amended by inserting after section 23 the following section: -

Section 23A.  The department of housing and community development shall promulgate rules and regulations consistent with the preceding sections. Said rules and regulations shall govern the application of the provisions of sections 20, 21, 22, and 23 and shall include, at a minimum:  maximum density limits, the minimum percentages of subsidized low and moderate units in each proposed development project in order to qualify for application of the sections, a provision to allow municipalities to gain credit for units participating in rental voucher programs, and a methodology for determining the local housing needs of a community in view of the regional need for low and moderate income housing considered with the number of low income persons in the municipality affected and the need to protect the health and safety of the occupants of the proposed housing or the residents of the city or town and to promote superior site and building design in the character of its surroundings.