Mass. Gen. Laws ch. 121B, sec. 38 — MA Code / Part I / Title XVII / Chapter 121B / Section 38
Housing for elderly persons and persons with disabilities; declaration of policy
Status: in_force

Section 38. It is hereby declared that substandard and decadent areas exist in certain portions of the commonwealth and that there is not, in certain parts of the commonwealth, an adequate supply of decent, safe and sanitary housing for elderly persons of low income, available for rents which such persons can afford to pay, and the rents which such persons can afford to pay would not warrant private enterprise in providing housing for such persons; that this situation tends to cause an increase and spread of communicable and chronic diseases, that the lack of properly constructed dwelling units designed specifically to meet the needs of elderly persons aggravates those diseases peculiar to the elderly thereby crowding the hospitals in the commonwealth with elderly persons under conditions of idleness that inevitably invite further senility; that this situation constitutes a menace to the health, safety, welfare and comfort of the inhabitants of the commonwealth and is detrimental to property values in the localities in which it exists; that this situation cannot readily be remedied by private enterprise; and that a public exigency exists which makes the provision of housing for elderly persons of low income and the clearance of decadent or substandard areas a public necessity; that the provision of housing for elderly persons of low income for the purpose of reducing the cost to the commonwealth of their care by promoting their health and welfare, thereby prolonging their productivity in the interest of the state and nation, and the clearance of decadent or substandard areas, or either, constitutes and hereby is declared to be a public use for which private property may be taken by eminent domain and public funds raised by taxation may be expended. It is hereby further declared that there is not, in certain parts of the commonwealth, an adequate supply of decent, safe and sanitary housing for handicapped persons of low income available for rents which such persons can afford to pay, and the rents which such persons can afford to pay would not warrant private enterprise in providing housing for such persons; that this situation often results in the institutionalization of such persons at substantial cost to the commonwealth or their resort to decadent or substandard housing with the result that such decadent or substandard housing cannot be eliminated; that this situation aggravates the hardship of handicapped persons and prevents their living productive lives and that the provision of housing for handicapped persons of low income is in the interest of the commonwealth and hereby is declared to be a public use for which private property may be taken by eminent domain and public funds may be expended.

Section 38. It is hereby declared that substandard and decadent areas exist in certain portions of the commonwealth and that there is not, in certain parts of the commonwealth, an adequate supply of decent, safe and sanitary housing for elderly persons of low income, available for rents which such persons can afford to pay, and the rents which such persons can afford to pay would not warrant private enterprise in providing housing for such persons; that this situation tends to cause an increase and spread of communicable and chronic diseases, that the lack of properly constructed dwelling units designed specifically to meet the needs of elderly persons aggravates those diseases peculiar to the elderly thereby crowding the hospitals in the commonwealth with elderly persons under conditions of idleness that inevitably invite further senility; that this situation constitutes a menace to the health, safety, welfare and comfort of the inhabitants of the commonwealth and is detrimental to property values in the localities in which it exists; that this situation cannot readily be remedied by private enterprise; and that a public exigency exists which makes the provision of housing for elderly persons of low income and the clearance of decadent or substandard areas a public necessity; that the provision of housing for elderly persons of low income for the purpose of reducing the cost to the commonwealth of their care by promoting their health and welfare, thereby prolonging their productivity in the interest of the state and nation, and the clearance of decadent or substandard areas, or either, constitutes and hereby is declared to be a public use for which private property may be taken by eminent domain and public funds raised by taxation may be expended.

It is hereby further declared that there is not, in certain parts of the commonwealth, an adequate supply of decent, safe and sanitary housing for handicapped persons of low income available for rents which such persons can afford to pay, and the rents which such persons can afford to pay would not warrant private enterprise in providing housing for such persons; that this situation often results in the institutionalization of such persons at substantial cost to the commonwealth or their resort to decadent or substandard housing with the result that such decadent or substandard housing cannot be eliminated; that this situation aggravates the hardship of handicapped persons and prevents their living productive lives and that the provision of housing for handicapped persons of low income is in the interest of the commonwealth and hereby is declared to be a public use for which private property may be taken by eminent domain and public funds may be expended.