SENATE DOCKET, NO. 1980        FILED ON: 1/20/2023

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 857

The Commonwealth of Massachusetts

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PRESENTED BY:

Brendan P. Crighton

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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 ensuring continued rights for public housing residents.

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PETITION OF:

SENATE DOCKET, NO. 1980        FILED ON: 1/20/2023

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 857

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Third General Court
(2023-2024)

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An Act ensuring continued rights for public housing residents.

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

Section 34 of said chapter 121B is hereby amended by adding the following paragraph:-

“Notwithstanding any provision in this section, the tenants of projects transferred under this section shall, at a minimum, maintain the rights as provided under the provisions of the federal, state, and local subsidy programs originally applicable to the project including tenant contribution, lease terms, eviction, right to return, grievance, resident participation, preference in hiring, and privacy rights, except as may be required to secure financing necessary for the feasibility of the project, or to meet associated programmatic eligibility requirements subject to clause (ii) in the following paragraph after notice to affected tenants with an opportunity to comment. Provided further, the redevelopment shall not be the basis for re-screening of existing tenants or termination or reduction of assistance or eviction of any tenant in a subject property, and such a tenant shall not be considered a new admission for any purpose, including compliance with any income targeting requirements. Provided further, such projects under this section shall have at least the same number of low rent housing as the number of low rent housing in the existing project.

Provided further, the requirements for such projects under this section shall be implemented through contracts, use agreements, regulations , or other means, as determined by the department, so long as they remain consistent with this section and all local, state and federal subsidy programs applicable to the project pursuant to this section and delineate: (i) the roles of the housing authority and other agencies in monitoring and enforcing compliance, including tracking temporary and permanent displacement; (ii) how the housing authority will rehouse tenants so there is no displacement from affordable housing programs operated by the housing authority, and (iii) how tenants will be provided with technical assistance to allow them meaningful input into the development of the proposed project; provided further the benefits of any use agreement shall inure to any tenant who occupied the project at time of redevelopment or to present or future tenants or applicants of the project, who shall have the right to enforce the same as third-party beneficiaries provided that nothing in this section is intended to create a separate or new administrative process of appeal or review for any grievance governed by the lease of any tenant.

Provided further, that there shall be an opportunity for comment  from tenants of such projects to be proposed under this section and an opportunity for public comment to the owners, controlled entities, designated private entities, or public housing authorities responsible for such projects with adequate notice.”