Mass. Gen. Laws ch. 40, sec. 70 — MA Code / Part I / Title VII / Chapter 40 / Section 70
Preference for affordable housing to low- or moderate-income veterans; municipality credit; proof of veteran status and income eligibility
Status: in_force

Section 70. (a) A city or town may enter into an agreement with a housing developer or residential development owner to provide a preference for affordable housing to low- or moderate-income veterans, as defined in clause Forty-third of section 7 of chapter 4 if the residential development is subject to any of the following: (i) inclusionary zoning; (ii) incentive zoning; or (iii) a density bonus ordinance or by-law. The preference shall be for up to 10 per cent of the affordable units in a particular development. (b) The preference under this section shall be established in the applicant selection process for available affordable units. Applicants who are veterans and who apply within 90 days of the initial marketing period of the development shall receive preference for the rental of up to 10 per cent of the affordable units. After the first 90 days of the initial marketing period, if any of the units subject to the preference remain available, applicants from the general public shall be considered for occupancy. Following the initial marketing period, qualified applicants who are veterans shall be placed on a waiting list for the preference-occupied units for veterans and on any general waiting list. The veterans on the preference-occupied waiting list shall be given preference for affordable units, as the units become available, whenever the percentage of preference-occupied units falls below 10 per cent. (c) Any agreement to provide affordable housing preferences for veterans pursuant to this section shall not affect a municipality's ability to receive credit for the unit for affordable housing pursuant to sections 20 to 23, inclusive, of chapter 40B; provided, that such unit or development shall meet all other eligibility criteria for inclusion on the subsidized housing inventory, pursuant to 706 CMR 56.00 and any applicable federal or state subsidy program requirements. The agreement may be monitored by a third party assigned by the municipality. (d) This section shall not require an increase in the existing amount of affordable units set by the city or town. (e) The city or town may require proof of veteran status and income eligibility as the city or town deems necessary.

Section 70. (a) A city or town may enter into an agreement with a housing developer or residential development owner to provide a preference for affordable housing to low- or moderate-income veterans, as defined in clause Forty-third of section 7 of chapter 4 if the residential development is subject to any of the following: (i) inclusionary zoning; (ii) incentive zoning; or (iii) a density bonus ordinance or by-law. The preference shall be for up to 10 per cent of the affordable units in a particular development.

(b) The preference under this section shall be established in the applicant selection process for available affordable units. Applicants who are veterans and who apply within 90 days of the initial marketing period of the development shall receive preference for the rental of up to 10 per cent of the affordable units. After the first 90 days of the initial marketing period, if any of the units subject to the preference remain available, applicants from the general public shall be considered for occupancy. Following the initial marketing period, qualified applicants who are veterans shall be placed on a waiting list for the preference-occupied units for veterans and on any general waiting list. The veterans on the preference-occupied waiting list shall be given preference for affordable units, as the units become available, whenever the percentage of preference-occupied units falls below 10 per cent.

(c) Any agreement to provide affordable housing preferences for veterans pursuant to this section shall not affect a municipality's ability to receive credit for the unit for affordable housing pursuant to sections 20 to 23, inclusive, of chapter 40B; provided, that such unit or development shall meet all other eligibility criteria for inclusion on the subsidized housing inventory, pursuant to 706 CMR 56.00 and any applicable federal or state subsidy program requirements. The agreement may be monitored by a third party assigned by the municipality.

(d) This section shall not require an increase in the existing amount of affordable units set by the city or town.

(e) The city or town may require proof of veteran status and income eligibility as the city or town deems necessary.