Mass. Gen. Laws ch. 23B, sec. 33 — MA Code / Part I / Title II / Chapter 23B / Section 33
Massachusetts healthy homes program; grants or loans
Status: in_force

Section 33. (a) As used in this section and section 34, the following words shall, unless the context clearly requires otherwise, have the following meanings: ''Eligible applicant'', an owner of residential property in the commonwealth who, as determined by the executive office of housing and livable communities: (i) is an owner-occupant, small landlord or larger landlord; (ii) meets any income eligibility and other requirements of the program established by the executive office; and (iii) owns a property with habitability concerns. ''Existing home repair programs'', financial assistance administered by governmental, quasi-governmental and nonprofit organizations, or the contractors and assignees of such entities, that provide services to repair residential housing, including, but not limited to, mixed-use projects that include residential housing. ''Habitability concerns'', home repairs that are required to ensure residential units are: (i) fit for human habitation; (ii) free from defective conditions and health and safety hazards, including, but not limited to, asbestos, mold, pests and lead; and (iii) free of conditions preventing installation of measures to improve energy or water efficiency, utilize renewable energy or lower utility costs. ''Larger landlord'', an individual who has title to more than 1 residential unit and who does not meet the definition of owner-occupant or small landlord. ''Low-income owner-occupant'', an owner-occupant with a household income of not more than 80 per cent of the area median income. ''Moderate-income owner-occupant'', an owner-occupant with a household income of at least 80 per cent but not more than 135 per cent of the area median income. ''Other eligible owner-occupant'', an owner-occupant who does not meet the definition of a low-income owner-occupant or moderate-income owner-occupant and leases at least 1 other residential unit in the building. ''Owner-occupant'', an individual who has title to a residential building with at least 1 and not more than 3 units and who resides in at least 1 of the units as their principal residence. ''Small landlord'', an individual who has title to a building with no more than 3 residential units and does not live in the building for at least 6 months of any year, or who has title to a building with 4 or more residential units; provided that, such an individual shall have financial interest in neither more than 3 buildings nor more than 15 residential units. (b) The executive office shall establish a Massachusetts healthy homes program and make reasonable efforts to coordinate with other governmental, quasi-governmental and nonprofit organizations administering programs that create a healthier environment for residents, including, but not limited to, rehabilitating existing housing or making homes lead-safe. The executive office may contract with other governmental, quasi-governmental and nonprofit organizations to administer 1 or more of these programs to address habitability concerns. (c)(1) The executive office may make grants or loans available to eligible applicants to ensure owner-occupied and rental units are free of habitability concerns. (2) Assistance in the form of grants and loans shall be provided to eligible applicants consistent with the following requirements to ensure owner-occupied and rental units are free of habitability concerns: (i) For low-income owner-occupants, the assistance shall be provided as a grant. (ii) For moderate-income owner-occupants, the assistance shall be provided as a 0 per cent interest deferred payment loan with no repayment due until sale or refinancing of the property. If the moderate-income owner-occupant continues to own the property for 3 years after receiving the loan, the loan shall be forgiven. (iii) For small landlords and other eligible owner-occupants, but not including larger landlords, the assistance shall be provided as a 0 per cent interest deferred payment loan with no repayment due until sale or refinancing of the property. Small landlords or other eligible owner-occupants, but not including larger landlords, may apply for loan forgiveness after 3 years following receipt of the loan. The executive office shall forgive the loan if the executive office determines that the small landlord or other eligible owner-occupant, but not including larger landlords, has: (A) owned the property without interruption after having received the loan; (B) addressed all habitability concerns in a timely fashion; (C) not evicted tenants, other than for cause; and (D) kept rent increases to not more than 5 per cent per year in each of the past 3 years. (iv) For larger landlords, the assistance shall be provided as a below-market-rate loan with an interest rate and repayment terms determined by the executive office. The executive office shall provide the below-market-rate loan only to a larger landlord who executes an agreement with the executive office that, for a term of 3 years, requires the landlord who owns such property to: (A) maintain ownership of the property without interruption after having received the loan; (B) address all habitability concerns in a timely fashion; (C) not evict tenants, other than for cause; and (D) keep rent increases to not more than 5 per cent per year for each of the 3 years. If a larger landlord does not comply with the requirements of the loan, the executive office may require immediate repayment of the assistance. (d) The executive office, and any entity administering the Massachusetts healthy homes program on the executive office's behalf, shall administer the Massachusetts healthy homes program consistent with guidelines and forms established by the executive office. The executive office, and any other administering entity, shall strive to, in its administration of the program, provide grants and loans to address habitability concerns and shall: (i) augment funds from other home repair programs; (ii) increase retention in workforce development programs associated with home repairs; (iii) provide technical assistance to address habitability concerns; and (iv) support outreach, including, but not limited to, minimizing cultural, linguistic or other barriers and maximizing access to program resources. (e)(1) Grants or loans from the Massachusetts healthy homes program shall not exceed $50,000 per unit, unless the executive office waives this limit upon a determination of the necessity of such waiver; provided, that the average amount of assistance shall not exceed $50,000 per unit. (2) Not less than 50 per cent of any funds from the Massachusetts healthy homes program shall be made to owners of buildings located in a gateway municipality as defined in section 3A of chapter 23A. (f) Annually, not later than June 30, the executive office shall report on the Massachusetts healthy homes program to the clerks of the house of representatives and the senate, the joint committee on housing and the house and senate committees on ways and means. The report shall include: (i) the number of projects completed through the Massachusetts healthy homes program addressing habitability concerns; (ii) the locations of projects completed through the Massachusetts healthy homes program throughout the commonwealth; (iii) the total amount of grants or loans authorized; (iv) the number of projects using existing home repair programs; and (v) the breakdown of landlord owned properties and owner-occupied properties with habitability concerns addressed through the Massachusetts healthy homes program. The executive office shall make the report publicly available on its website. (g) The executive office shall promulgate guidance or regulations necessary to carry out this section.

Section 33. (a) As used in this section and section 34, the following words shall, unless the context clearly requires otherwise, have the following meanings:

''Eligible applicant'', an owner of residential property in the commonwealth who, as determined by the executive office of housing and livable communities: (i) is an owner-occupant, small landlord or larger landlord; (ii) meets any income eligibility and other requirements of the program established by the executive office; and (iii) owns a property with habitability concerns.

''Existing home repair programs'', financial assistance administered by governmental, quasi-governmental and nonprofit organizations, or the contractors and assignees of such entities, that provide services to repair residential housing, including, but not limited to, mixed-use projects that include residential housing.

''Habitability concerns'', home repairs that are required to ensure residential units are: (i) fit for human habitation; (ii) free from defective conditions and health and safety hazards, including, but not limited to, asbestos, mold, pests and lead; and (iii) free of conditions preventing installation of measures to improve energy or water efficiency, utilize renewable energy or lower utility costs.

''Larger landlord'', an individual who has title to more than 1 residential unit and who does not meet the definition of owner-occupant or small landlord.

''Low-income owner-occupant'', an owner-occupant with a household income of not more than 80 per cent of the area median income.

''Moderate-income owner-occupant'', an owner-occupant with a household income of at least 80 per cent but not more than 135 per cent of the area median income.

''Other eligible owner-occupant'', an owner-occupant who does not meet the definition of a low-income owner-occupant or moderate-income owner-occupant and leases at least 1 other residential unit in the building.

''Owner-occupant'', an individual who has title to a residential building with at least 1 and not more than 3 units and who resides in at least 1 of the units as their principal residence.

''Small landlord'', an individual who has title to a building with no more than 3 residential units and does not live in the building for at least 6 months of any year, or who has title to a building with 4 or more residential units; provided that, such an individual shall have financial interest in neither more than 3 buildings nor more than 15 residential units.

(b) The executive office shall establish a Massachusetts healthy homes program and make reasonable efforts to coordinate with other governmental, quasi-governmental and nonprofit organizations administering programs that create a healthier environment for residents, including, but not limited to, rehabilitating existing housing or making homes lead-safe. The executive office may contract with other governmental, quasi-governmental and nonprofit organizations to administer 1 or more of these programs to address habitability concerns.

(c)(1) The executive office may make grants or loans available to eligible applicants to ensure owner-occupied and rental units are free of habitability concerns.

(2) Assistance in the form of grants and loans shall be provided to eligible applicants consistent with the following requirements to ensure owner-occupied and rental units are free of habitability concerns:

(i) For low-income owner-occupants, the assistance shall be provided as a grant.

(ii) For moderate-income owner-occupants, the assistance shall be provided as a 0 per cent interest deferred payment loan with no repayment due until sale or refinancing of the property. If the moderate-income owner-occupant continues to own the property for 3 years after receiving the loan, the loan shall be forgiven.

(iii) For small landlords and other eligible owner-occupants, but not including larger landlords, the assistance shall be provided as a 0 per cent interest deferred payment loan with no repayment due until sale or refinancing of the property. Small landlords or other eligible owner-occupants, but not including larger landlords, may apply for loan forgiveness after 3 years following receipt of the loan. The executive office shall forgive the loan if the executive office determines that the small landlord or other eligible owner-occupant, but not including larger landlords, has: (A) owned the property without interruption after having received the loan; (B) addressed all habitability concerns in a timely fashion; (C) not evicted tenants, other than for cause; and (D) kept rent increases to not more than 5 per cent per year in each of the past 3 years.

(iv) For larger landlords, the assistance shall be provided as a below-market-rate loan with an interest rate and repayment terms determined by the executive office. The executive office shall provide the below-market-rate loan only to a larger landlord who executes an agreement with the executive office that, for a term of 3 years, requires the landlord who owns such property to: (A) maintain ownership of the property without interruption after having received the loan; (B) address all habitability concerns in a timely fashion; (C) not evict tenants, other than for cause; and (D) keep rent increases to not more than 5 per cent per year for each of the 3 years. If a larger landlord does not comply with the requirements of the loan, the executive office may require immediate repayment of the assistance.

(d) The executive office, and any entity administering the Massachusetts healthy homes program on the executive office's behalf, shall administer the Massachusetts healthy homes program consistent with guidelines and forms established by the executive office. The executive office, and any other administering entity, shall strive to, in its administration of the program, provide grants and loans to address habitability concerns and shall: (i) augment funds from other home repair programs; (ii) increase retention in workforce development programs associated with home repairs; (iii) provide technical assistance to address habitability concerns; and (iv) support outreach, including, but not limited to, minimizing cultural, linguistic or other barriers and maximizing access to program resources.

(e)(1) Grants or loans from the Massachusetts healthy homes program shall not exceed $50,000 per unit, unless the executive office waives this limit upon a determination of the necessity of such waiver; provided, that the average amount of assistance shall not exceed $50,000 per unit.

(2) Not less than 50 per cent of any funds from the Massachusetts healthy homes program shall be made to owners of buildings located in a gateway municipality as defined in section 3A of chapter 23A.

(f) Annually, not later than June 30, the executive office shall report on the Massachusetts healthy homes program to the clerks of the house of representatives and the senate, the joint committee on housing and the house and senate committees on ways and means. The report shall include: (i) the number of projects completed through the Massachusetts healthy homes program addressing habitability concerns; (ii) the locations of projects completed through the Massachusetts healthy homes program throughout the commonwealth; (iii) the total amount of grants or loans authorized; (iv) the number of projects using existing home repair programs; and (v) the breakdown of landlord owned properties and owner-occupied properties with habitability concerns addressed through the Massachusetts healthy homes program. The executive office shall make the report publicly available on its website.

(g) The executive office shall promulgate guidance or regulations necessary to carry out this section.