reglab/housing_qa huggingface dataset:
MA Gen L ch 40r § 3 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title VII - Cities, Towns and Districts|Chapter 40r - Smart Growth Zoning and Housing Production|Section 3 - Smart Growth Zoning Districts and Starter Home Zoning Districts

Section 3. In its zoning ordinance or by-law, a city or town may adopt a smart growth zoning district or starter home zoning district in an eligible location and may include adjacent areas that are served by existing infrastructure and utilities, and that have safe pedestrian access to at least 1 destination of frequent pedestrian use, such as schools, civic facilities, places of commercial or business use, places of employment, recreation or transit stations. A smart growth zoning district or starter home zoning district ordinance or by-law, or any amendment to or repeal of such ordinance or by-law, shall be adopted in accordance with section 5 of chapter 40A.  In creating such a district, a city or town may include qualifying areas within development districts approved by the economic assistance coordinating council pursuant to chapter 40Q or any area approved as an urban center housing tax-increment financing zone pursuant to section 60 of chapter 40. In smart growth zoning districts or starter home zoning districts, a city or town shall zone for primary residential use as of right and may also permit business, commercial or other uses consistent with primary residential use; provided, however, that a smart growth zoning district or starter home zoning district ordinance or by-law shall be adopted by a simple majority vote of all the members of the town council, or of the city council where there is a commission form of government or a single branch, or of each branch where there are 2 branches, or by a simple majority vote of a town meeting.
MA Gen L ch 40r § 4 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title VII - Cities, Towns and Districts|Chapter 40r - Smart Growth Zoning and Housing Production|Section 4 - Letter of Eligibility

Section 4. (a) Upon application by a city or town, the department shall make a preliminary determination, before the city or town votes on a proposed smart growth or starter home zoning ordinance or bylaw, whether the district would be eligible for the financial incentives and the priorities for state expenditures set forth in section 9. The department's determination shall be communicated to the city or town in a letter of eligibility. If the department denies the application, it shall inform the applicant of the deficiencies in its submission. A city or town may re-apply for approval after addressing any deficiencies in a prior application. If the department does not act upon a complete and approvable application within 60 days of receipt, the application shall be deemed approved.  (b) After issuance of a letter of eligibility and upon application of the town with proof of adoption of the smart growth zoning district or starter home zoning district ordinance or by-law included in the application for a letter of eligibility, along with any amendment required by the department in the letter of eligibility, the department shall confirm its approval within 30 days of receipt of the application.
MA Gen L ch 40r § 5 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title VII - Cities, Towns and Districts|Chapter 40r - Smart Growth Zoning and Housing Production|Section 5 - Information in Application for Determination of Eligibility

Section 5. The chief executive of a city or town desiring to adopt a smart growth zoning district or starter home zoning district ordinance or by-law shall submit the necessary materials to the department for a preliminary determination of eligibility for approval. The information in the application shall:  (a) identify and describe the boundaries of the proposed smart growth zoning district or starter home zoning district;  (b) identify and describe the developable land area within the proposed smart growth zoning district or starter home zoning district;  (c) as to smart growth zoning districts only, identify and describe other residential development opportunities for infill housing and the residential re-use of existing buildings and underutilized buildings within already developed areas;  (d) include any comprehensive housing plan or housing production plan previously adopted by the city town or, if the city or town has no comprehensive housing plan or housing production plan, a housing production summary, as set forth in section 8;  (e) include a copy of the proposed smart growth district or starter home zoning district ordinance or by-law;  (f) by narrative and exhibits, establish the elements set forth in section 6.
MA Gen L ch 40r § 7 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title VII - Cities, Towns and Districts|Chapter 40r - Smart Growth Zoning and Housing Production|Section 7 - Certificate of Compliance

Section 7. (a) On or before October 1 of each year after the year of approval of a district by the department, the department shall send a smart growth zoning district certificate of compliance or starter home zoning district certificate of compliance, as applicable, to each city or town with an approved district. In order to receive such a certificate, the city or town shall verify within the time specified by the department that:  (1) the city or town has adopted and approved a smart growth zoning district or a starter home zoning district, as applicable;  (2) the certification has not been revoked by the department;  (3) the district is being developed in a manner that reasonably complies with the applicable minimum requirements set forth in section 6 for housing density and affordability;  (4) the plan approval authority has not unreasonably denied plans for projects, or has only denied plans for projects in a manner consistent with its smart growth zoning district ordinance or by-law or starter home zoning district ordinance or by-law, as applicable, and this chapter.  (b) If the department is unable to certify compliance, the department shall hold a public hearing subject to chapter 30A. If the department concludes that the city or town is in material noncompliance with the requirements set forth in this section, the department may revoke certification. A revocation of certification shall be recorded with the registry of deeds or land court registry district for the county or district within which the city or town is located, indexed in the grantor index under the name of the city or town. Any revocation of certification or other sanctions imposed by the department shall not affect the validity of the smart growth zoning ordinance or by-law or starter home zoning district ordinance or by-law, as applicable, or the application of such ordinance or by-law to land, development or proposed development within the smart growth zoning district.
MA Gen L ch 40r § 8 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title VII - Cities, Towns and Districts|Chapter 40r - Smart Growth Zoning and Housing Production|Section 8 - Comprehensive Housing Plan

Section 8. A city or town shall submit to the department, concurrently with the city or town's application for a letter of eligibility, either an existing comprehensive housing plan, an existing housing production plan, or a housing production summary. The plan or summary shall include an estimate of the projected number of units of new construction that could be built in the proposed smart growth zoning district or starter home zoning district. If a city or town has already completed a comprehensive housing plan or housing production plan, the city or town shall submit with its application to the department a description of how the proposed smart growth zoning district or starter home zoning district relates to and will further the goals of its comprehensive housing plan or housing production plan, as well as an estimate of the projected number of units of new construction that could be built within the district.
MA Gen L ch 40r § 9 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title VII - Cities, Towns and Districts|Chapter 40r - Smart Growth Zoning and Housing Production|Section 9 - Payments From Trust Fund or Other Funds; Density Bonus Payment; Use of Discretionary Funds

Section 9. Each city or town with an approved smart growth zoning district or starter home zoning district shall be entitled to payments pursuant to this section.  (a) The commonwealth shall pay from the trust fund or other funds from appropriations or other money authorized by the general court a zoning incentive payment, according to the following schedule:  Projected Units ofNew Construction %Payment  Up to 20 %$10,000  21 to 100 %$75,000  101 to 200 %$200,000  201 to 500 %$350,000  501 or more %$600,000  Subject to any conditions imposed by the department as a condition of approving a smart growth zoning district or starter home zoning district, the zoning incentive payment shall be payable upon confirmation of approval of the district by the department. The projected number of units shall be based upon the zoning adopted in the smart growth zoning district or starter home zoning district.  (b) The commonwealth shall pay from the trust fund or other funds from appropriations or other money authorized by the general court a one-time density bonus payment to each city or town with an approved smart growth zoning district and a one-time production bonus payment to each city or town with an approved starter home zoning district. This payment shall be $3,000 for each housing unit of new construction created in the smart growth zoning district and $3,000 for each housing unit of new construction created in the starter home zoning district. The amount due shall be paid on a unit-by-unit basis in accordance with department regulations, upon submission by a city or town of proof of issuance of a building permit for a particular housing unit or units within the district.  (c) The executive office of environmental affairs, the executive office of transportation, the department of housing and community development and the secretary of administration and finance shall, when awarding discretionary funds, use a methodology of awarding such funds that favors cities or towns with approved smart growth zoning districts or starter home zoning districts and other approved zoning policies or initiatives that encourage increased affordable housing production in the commonwealth including, but not limited to, inclusionary zoning.
MA Gen L ch 40r § 10 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title VII - Cities, Towns and Districts|Chapter 40r - Smart Growth Zoning and Housing Production|Section 10 - Adoption of Design Standards

Section 10. A city or town may adopt, in accordance with the regulations of the department, design standards applicable to projects undergoing review by the plan approval authority, to ensure that the physical character of development within the smart growth zoning district or starter home zoning district is complementary to adjacent buildings and structures. Such standards may address the scale and proportions of buildings, the alignment, the width and grade of streets and sidewalks, the type and location of infrastructure, the location of building and garage entrances, off-street parking, the protection of significant natural site features, the location and design of on-site open spaces, exterior signs and buffering in relation to adjacent properties. In a smart growth zoning district, the standards shall provide for high-density quality development consistent with the character of building types, streetscapes and other city or town features traditionally found in densely settled areas of the city or town or in the region of the city or town.  A design standard shall not be adopted if it will add unreasonable costs to residential or mixed-use developments. A design standard shall not unreasonably impair the economic feasibility of proposed projects. The department may disapprove a request for the determination of eligibility for a smart growth zoning district or starter home zoning district on account of a design standard adding such unreasonable costs or unreasonably impairing such feasibility.
MA Gen L ch 40r § 12 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title VII - Cities, Towns and Districts|Chapter 40r - Smart Growth Zoning and Housing Production|Section 12 - Administration, Review, and Reporting

Section 12. The department shall be responsible for the administration, review, and reporting on the smart growth zoning district and starter home zoning district programs as provided in this chapter. The department shall undertake or cause to be undertaken an annual review and the preparation of a report on the programs set forth in this chapter and may require data to be provided by cities and towns with smart growth zoning districts or starter home zoning districts. The report shall be prepared on the basis of such data and shall be made available to the general public and submitted to the general court annually, not later than November 15 of each year, and shall cover the status of the program through the end of the prior fiscal year. The report shall identify and describe the status of cities and towns that are actively seeking letters of eligibility. It shall identify approved smart growth zoning districts and starter home zoning districts and the amounts and anticipated timing of one-time density bonus payments and one-time production bonus payments during the prior and current fiscal year. It shall summarize the amount of land areas zoned for particular types of projects in both proposed and approved districts, the number of projects being reviewed by cities and towns under section 11, including the number and type of proposed residential units, the number of building permits issued, the number of completed housing units and their type, and it shall set out the one-time density bonus payments and one-time production bonus payments made to each city or town. For the then current and the immediately succeeding fiscal years it shall make estimates for the: (i) number and size of proposed new districts; (ii) potential number of residential units to be allowed in new districts; and (iii) anticipated construction activity.
MA Gen L ch 40r § 13 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title VII - Cities, Towns and Districts|Chapter 40r - Smart Growth Zoning and Housing Production|Section 13 - Existing Zoning District

Section 13. A city or town may apply to the department for approval of an existing zoning district as a smart growth zoning district if it meets the requirements for such a district, including the affordability requirements and the density requirements. The application shall be the same as for a new smart growth zoning district. Upon approval, a city or town with an existing district shall become entitled to the one-time density bonus payments upon the construction of new units within the smart growth zoning district and preference of capital expenditure funds, as provided in section 9, from the date of approval, but shall not be eligible for zoning incentive payments.
MA Gen L ch 40r § 14 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title VII - Cities, Towns and Districts|Chapter 40r - Smart Growth Zoning and Housing Production|Section 14 - Repayment

Section 14. (a) If, within 3 years, no construction of an approved project has been started within the smart growth zoning district or starter home zoning district, the department shall require the cities and towns to repay to the department all monies paid to the city or town under this chapter for said smart growth zoning district or starter home zoning district. Said 3 years shall commence on the date of the payment of the zoning incentive payment for said smart growth zoning district or starter home zoning district and may be extended by the department for good cause in accordance with the department's regulations. All monies repaid to the department under this section shall be credited to the funding source from which the payment originated.  (b) Within 60 days of receiving written approval by the department of an amendment of a zoning ordinance or by-law affecting an approved smart growth zoning district or starter home zoning district in accordance with subsection (g) of section 6, the city or town shall repay to the department any portion of the zoning incentive payment received in excess of the zoning incentive payment that would have been payable based on the sum of (i) the number of units that have been built and (ii) the number of units, if any, that will remain developable under the smart growth zoning or starter home zoning. The department may include under clause (ii) in the preceding sentence any units that are developable in 1 or more adopted smart growth zoning district or starter home zoning district for which no zoning incentive payment has been paid but for which the city or town is nonetheless eligible if the associated units would have the effect of replacing some or all of the units that will no longer be developable as a result of the proposed amendment or repeal. All monies repaid to the department under this section shall be credited to the funding source from which the payment originated.
MA Gen L ch 40s § 2 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title VII - Cities, Towns and Districts|Chapter 40s - Smart Growth School Cost Reimbursement|Section 2 - Amount of Smart Growth School Cost Reimbursement; Addition to Districts' Required Net School Spending

Section 2. Subject to appropriation, for each fiscal year commencing with fiscal year 2008, any city or town that has established 1 or more smart growth zoning districts shall receive smart growth school cost reimbursement from the commonwealth. This reimbursement shall be equal to the positive difference, if any, between: (i) total education cost for eligible students, and (ii) the sum of local smart growth revenues for education plus additional chapter 70 aid. The department of education shall add the smart growth school cost reimbursement amounts to each district's required net school spending, as defined in chapter 70. For purposes of the net school spending calculation, the department shall allocate a municipality's smart growth school cost reimbursement among the districts to which it belongs in proportion to the number of eligible students from the municipality attending each district.
MA Gen L ch 40s § 4 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title VII - Cities, Towns and Districts|Chapter 40s - Smart Growth School Cost Reimbursement|Section 4 - Annual Report on Cost and Effectiveness of Reimbursement Program

Section 4. The commissioners of revenue and education, the director of housing and community development and the registrar of motor vehicles shall annually report on the cost and effectiveness of the reimbursement program. This report shall include, but not be limited to, the number of municipalities which have adopted the provisions of chapters 40R and 40S, the number of smart growth zoning districts in the commonwealth, the number of eligible students per municipality, the number of municipalities receiving the smart growth school cost reimbursement, and the total reimbursement and per pupil reimbursement provided to each municipality. They shall provide the report to the chairs of the house and senate committees on ways and means, the house and senate chairs of the joint committee on housing, the house and senate chairs of the joint committee on community development and small business, the house and senate chairs of the joint committee on education, and the secretary of administration and finance.
MA Gen L ch 40t § 5 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title VII - Cities, Towns and Districts|Chapter 40t - Publicly-Assisted Affordable Housing|Section 5 - Applicability of Sec. 16 of Chapter 30b

Section 5. An affected municipality shall not be subject to section 16 of chapter 30B.
MA Gen L ch 40t § 6 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title VII - Cities, Towns and Districts|Chapter 40t - Publicly-Assisted Affordable Housing|Section 6 - Exemptions; Requests

Section 6. (a) Sections 3 and 4 shall not apply to the following: (i) a government taking by eminent domain or a negotiated purchase in lieu of eminent domain; (ii) a forced sale pursuant to a foreclosure; (iii) a deed-in-lieu-of foreclosure; (iv) a proposed sale to a purchaser pursuant to terms and conditions that preserve affordability, as determined by the department; (v) a proposed sale of publicly-assisted housing that the department has determined, as of the effective date of this act, was neither receiving government assistance nor was subject to regulation by any of the programs listed in the definition of publicly-assisted housing other than project-based section 8 and the buyer has agreed, in a regulatory agreement, to renew in whole, all project-based section 8 assistance contracts, or any successor program thereto; provided, however, that at the time of such renewal, such assistance is available to the owner on economic terms and conditions that are comparable to the existing project-based rental assistance contract; (vi) a proposed sale of publicly-assisted housing to an affiliate of the owner that is not a termination as determined by the department; (vii) a proposed sale of publicly-assisted housing which has more than 15 years from the date of the sale until the date of the publicly-assisted housing's first scheduled termination; or (viii) a bona fide proposed sale pursuant to a purchase contract on the effective date of this chapter.  (b) An owner seeking an exemption under clause (iv), (v) or (vi) of subsection (a) shall include the name and address of any tenant organization in the request and shall provide a copy of its request to the chief executive officer of the affected municipality, CEDAC, the local legal services organization as designated by the department and the tenant organization, if any, at the time it files its exemption request with the department. The department shall provide a copy of its written determination under said clause (iv), (v) or (vi) of said subsection (a) to the owner, CEDAC, the local legal services organization and the tenant organization.
MA Gen L ch 40t § 7 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title VII - Cities, Towns and Districts|Chapter 40t - Publicly-Assisted Affordable Housing|Section 7 - Rent Increases for Protected Low-Income Tenants After Termination

Section 7. For 3 years after termination, the rent for a protected low-income tenant who does not receive an enhanced section 8 voucher shall not be increased more than once annually by the increase in the consumer price index applicable to the area in which the publicly-assisted housing is located during the preceding year plus 3 per cent. The foregoing shall not apply to a low-income tenant: (i) who is income eligible for an enhanced section 8 voucher but does not obtain one solely due to some action or inaction of the tenant on or after the date he is eligible to apply for the enhanced section 8 voucher; or (ii) who would be eligible for an enhanced section 8 voucher if this provision was not in effect. For a period of 3 years after termination, a protected low income tenant shall not be evicted or involuntarily displaced from his dwelling except for good cause related to tenant fault.