SENATE DOCKET, NO. 1394        FILED ON: 1/18/2013

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 608

The Commonwealth of Massachusetts

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PRESENTED BY:

Richard T. Moore

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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 the protection of low income elderly housing.

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PETITION OF:

SENATE DOCKET, NO. 1394        FILED ON: 1/18/2013

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 608

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 613 OF 2011-2012.]

The Commonwealth of Massachusetts

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In the Year Two Thousand Thirteen

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An act relative to the protection of low income elderly 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. The third paragraph of section 39 of chapter 121B of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out, in lines 34 through 50, inclusive, as so appearing, the words “Notwithstanding any general or special law to the contrary, a housing authority which manages units provided under this section and section forty shall give priority in placement to non-elderly handicapped persons of low income, who are eligible to receive such housing and who are qualified under the criteria established in regulations promulgated by the department, in thirteen and one-half percent of said units. If a local housing authority determines that there are insufficient numbers of eligible and qualified non-elderly handicapped persons of low income to fill thirteen and one-half percent of the housing units, the local housing authority shall then place eligible and qualified elderly persons of low income in said units. The thirteen and one-half percent of units for which eligible and qualified non-elderly handicapped persons of low income receive priority in placement shall include the percentage of units for which handicapped persons of low income without regard to age, and their families, are given priority pursuant to subsection (f) of section forty, when such units are occupied by non-elderly handicapped persons of low income.”

SECTION 2. Said section 39 of chapter 121B is hereby further amended in line 55, by striking the words “in eighty-six and one half percent of said units”

SECTION 3. Said section 39 of chapter 121B is hereby further amended in line 58, by striking the words “eighty-six and one-half percent of”

SECTION 4. Said section 39 of chapter 121B is hereby further amended in line 67, by striking the words “and section forty to fill eighty-six and one-half percent of said units”

SECTION 5. Said section 39 of chapter 121B is hereby further amended in line 89, by striking the word “and,” through line 105, inclusive, as so appearing, the words “and may establish placement ratios among elderly persons of low income and non-elderly handicapped persons of low income to provide for an equitable transition to encourage the percentage policy objectives stated herein for said persons of low income. Until such time that said percentage policy objectives, stated herein, are substantially met, said placement ratios shall not be less than one elderly person of low income for each placement of one non-elderly handicapped person of low income. Said placement ratios shall only be implemented at local housing authorities where non-elderly handicapped persons of low income represent less than thirteen and one-half percent of the total residents at said authority; provided, that said placement ratios shall not be implemented at any local housing authority where non-elderly handicapped persons of low income represent greater than thirteen and one-half percent of the total residents. The priorities in placement established herein shall not be implemented by local housing authorities until such rules and regulations have been promulgated”