AN ACT REGULATING PRIVATE STREET BETTERMENT ASSESSMENTS IN THE CITY OF WORCESTER
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. Notwithstanding section 13 of chapter 80 of the General Laws or any other general or special law to the contrary, the city of Worcester, having made an order for the assessment of a betterment in accordance with the provisions of said section 13 of said chapter 80 for improvements to a private way, may, upon the application of an owner of residential real property abutting said way that meets the qualifications set forth in section 2, enter into a deferral and recovery agreement with such owner. Any such application shall be filed with the city clerk within 6 months after notice of such assessment has been sent out by the collector. This authority is supplemental and in addition to the authority to apportion betterment assessments as provided in said section 13 of said chapter 80. The provisions of said section 13 of said chapter 80 regarding the applicable rate of interest shall apply to all betterments deferred under authority of this act.
SECTION 2. To qualify for a deferral and recovery agreement: (i) the property owner shall be 65 years of age or older; (ii) the property owner shall have household annual earnings of not greater than 80 per cent income limit of the Worcester, MA HUD Metro FMR Area Median Family Income, as determined by the United States Department of Housing and Urban Development in its most recent Income Limits Summary; and (iii) if the parcel is improved, the building may consist of not more than 3 residential dwelling units and the applicant must occupy the property as their primary residence.
SECTION 3. (a) A deferral and recovery agreement entered into pursuant to this act shall provide that:
(i) no sale or transfer of such real property may be consummated unless the betterment assessment that would otherwise have been collected on such real property has been paid, with interest as applied in accordance with the provisions of section 13 of chapter 80 of the General Laws;
(ii) upon the demise of the owner of such real property, the heirs-at-law, assignees or devisees shall have first priority to said real property by paying in full the total betterment assessment that would otherwise have been due, plus interest; provided, however, that if the heir-at-law, assignee or devisee is a surviving spouse who enters into a betterment assessment deferral and recovery agreement pursuant to this act, payment of the betterment assessment and interest due shall not be required during the life of such surviving spouse;
(iii) if the betterment assessments due, plus interest, are not paid by the heir-at-law, assignee or devisee or if payment is not postponed during the life of a surviving spouse, such betterment assessments and interest shall be recovered from the estate of the owner; and
(iv) any joint owner or mortgagee holding a mortgage on such property has given written prior approval for such agreement, which written approval shall be made a part of such agreement.
(b) In the case of each betterment assessment deferral and recovery agreement entered into between the city and the owner or owners of such real property, the city shall forthwith cause to be recorded in the Worcester district registry of deeds, at the owner or owners’ expense, a statement of their action that shall constitute a lien upon the land covered by such agreement for such betterment assessment as has been assessed under the provisions of chapter 80 of the General Laws, plus interest as herein provided. The statement shall name the owner or owners and shall include a description of the land. Unless such a statement is recorded, the lien shall not be effective with respect to a bona fide purchaser or other transferee without actual knowledge of such lien.
Approved, December 1, 2022.