reglab/statecodes huggingface dataset:
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 40o - Business Improvement Districts › Section 2 - Rights and Powers

Section 2. The rights and powers of a BID approved by a municipal governing body shall include: retaining or recruiting business; administering and managing central and neighborhood business districts; promoting economic development; managing parking; designing, engineering, constructing, maintaining, or operating buildings, facilities, urban streetscapes or infrastructures to further economic development and public purposes; conducting historic preservation activities; leasing, owning, acquiring, or optioning real property; supplementing maintenance, security, or sanitation; planning and designing services; formulating a fee structure; accumulating interest; incurring costs or indebtedness; entering into contracts; suing and being sued; employing legal and accounting services; undertaking planning, feasibility and market analyses; developing common marketing and promotional activities; and supporting public art and human and environmental services as related to the enhancement of the business district or other supplemental services or programs that would further the purposes of this chapter.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 40o - Business Improvement Districts › Section 3 - Initiation of Organization; Contents of Petition

Section 3. The organization of a BID shall be initiated by a petition of the property owners within the proposed BID which shall be filed in the office of the clerk of the municipality.
Such petition shall contain:
(1) the signatures of the owners of at least fifty-one percent of the assessed valuation of all real property within the proposed BID and sixty percent of the real property owners within the proposed BID;
(2) a description of and a site map delineating the boundaries of the proposed BID;
(3) the proposed improvement plan which shall set forth the supplemental services and programs, revitalization strategy, update mechanism, and budget and fee structures;
(4) the identity and location of the management entity designated to implement and oversee the ongoing improvement plan; and
(5) the criteria for waiving the fee for any property owner within the BID who can provide evidence that the imposition of such fee would create a significant financial hardship.
Such petition may include a mechanism for reimbursing the municipality for the costs incurred in establishing the BID, and for costs incurred in collecting the district fees.
[ Fourth paragraph effective until May 30, 2023. For text effective May 30, 2023, see below.]
A copy of said petition shall be filed with the director of housing and community development within thirty days of receipt of such petition by the clerk of the municipality.
[ Fourth paragraph as amended by 2023, 7, Sec. 184 effective May 30, 2023. See 2023, 7, Sec. 298. For text effective until May 30, 2023, see above.]
A copy of said petition shall be filed with the secretary of economic development within thirty days of receipt of such petition by the clerk of the municipality.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 40o - Business Improvement Districts › Section 5 - Board of Directors

Section 5. Each BID shall have a board of directors who shall oversee the management entity to insure the implementation of the improvement plan. The BID board of directors shall be designated by a majority vote of the electors, or their designees, who own real property participating in the BID. The local municipal governing body may establish rules and regulations governing the BID board of directors.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 40o - Business Improvement Districts › Section 6 - Property Included in Fee Formula; Exemptions

Section 6. All real property located within the proposed BID shall be considered in the fee formula for the supplemental services and programs as outlined in the improvement plan.
The municipality may exempt from fees certain properties, specifically classified as: (1) owner-occupied residential; (2) agricultural; or (3) tax exempt.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 40o - Business Improvement Districts › Section 7 - District Fee Structure

Section 7. By formal approval of a BID, the local municipal governing body shall adopt the district fee structure for the financing of items submitted in the improvement plan for the BID; provided, however, that the total fees assessed in any one year may not exceed one-half of one percent of the sum of the assessed valuation of the real property owned by participating members in the BID district.
The basis of such district fee may be determined by a formula utilizing any one or a combination of the following:
(1) different levels for varying classifications of real property;
(2) benefit zones;
(3) assessed valuation;
(4) square footage;
(5) street frontage; or
(6) any other formula which meets the objectives of the BID.
The BID, through its improvement plan, shall have the option to limit or cap the maximum annual fee derived from individual properties or the total annual revenue generated by the BID.
The formula for determining the district fee structure shall be set forth in the original petition as required by section three.
In addition to receiving funds from the district fee, the management entity shall be authorized to receive grants, donations or gifts on behalf of the BID.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 40o - Business Improvement Districts › Section 8 - Collection of Fees; Disbursement of Funds; Annual Audit

Section 8. The collector-treasurer of each municipality is hereby authorized to collect such district fees in designated BIDs and to disburse the funds to the designated management entity.
The district fees collected shall be used solely to fund items identified and approved in the improvement plan for the BID.
The collector-treasurer shall disburse revenues to the management entity within thirty days of the collection of such fees, together with the interest earned on the holding of such fees.
Following establishment of the BID, all fees billed by or on behalf of the BID and unpaid after thirty days from the date of billing shall become a lien on the property, which shall have priority over all other liens except municipal liens and mortgages of record prior to the recording of a notice of lien, if notice of the lien is duly recorded by the management entity in the appropriate registry of deeds or land court registry district.
An annual audit, certified by a certified public accountant, of the revenues generated, grants, donations, and gifts received by the BID and its expenses shall be made within one hundred and twenty days of the close of the fiscal year, and shall be placed on file with the collector. Such accounting shall be a public record.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 40o - Business Improvement Districts › Section 9 - Amendment of Improvement Plan

Section 9. At any time after the establishment of a BID pursuant to the provisions of this chapter, the improvement plan upon which the establishment was based may, upon the recommendation of the BID board of directors, with the concurrence of the owners of at least fifty-one percent of the assessed valuation of all participating real property within the BID and fifty-one percent of the participating real property owners within the BID, be amended by the local municipal governing body after compliance with the procedures set forth in this section.
Amendments to the BID improvement plan which provide for additional improvements, program services or expenditures which affect more than twenty-five percent of the total project budget, incurring indebtedness, changes to the fee structure or management entity or changes to the district boundaries shall be subject to the approval of the local municipal governing body; provided, however, that said governing body, after a public hearing, determines that it is in the public interest to adopt said amendments.
The local municipal governing body shall give notice of the public hearing for amendment by publication of a notice, in at least one newspaper having general circulation in the district, specifying the time and the place of such hearing and the amendments to be considered. Such notice shall be published once at least thirty days prior to the date of such hearing.
The local municipal governing body may, within thirty days of the public hearing and, in its sole discretion, declare the amendments approved or disapproved. If approved, such amendments shall be effective upon the date of such approval.
Upon the adoption of any amendment to the district boundaries which increases the size of the district, any owner of property to be added to the district shall be notified of the new boundaries of the district in accordance with section four.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 40o - Business Improvement Districts › Section 10 - Dissolution

Section 10. A BID may be dissolved by petition to the local municipal governing body and a subsequent decision by such governing body to authorize dissolution.
In order to be considered by the local municipal governing body, a petition to dissolve a BID shall contain the signatures of the owners of at least fifty-one percent of the assessed valuation within the district or at least fifty-one percent of the real property owners within the district.
The local municipal governing body shall hold a public hearing within thirty days of receipt of a completed petition on the issue of dissolution.
Following the public hearing, the local municipal governing body may declare the BID dissolved; provided, however, that no BID shall be dissolved until it has satisfied or paid in full all of its outstanding indebtedness, obligations, and liabilities; or until funds are on deposit and available therefor; or until a repayment schedule has been formulated and municipally approved therefor. In addition, the BID shall be prohibited from incurring any new or increased financial obligations.
Any liabilities, either current or future, incurred as a result of action to accomplish the purposes of the BID improvement plan shall not be an obligation of the municipality, but said liabilities shall be paid for entirely from revenue gained from the project or facilities authorized, or from the fees on the properties in the BID.
Upon the dissolution of a BID, any remaining revenues derived from the sale of assets acquired with fees collected shall be refunded to the property owners in the BID in which fees were charged by applying the same formula used to calculate the fee in the fiscal year in which the BID is dissolved.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 40p - The Massachusetts Rent Control Prohibition Act › Section 2 - Purpose

Section 2. The purpose of this chapter is to establish a uniform statewide policy that broadly prohibits any regulatory scheme based upon or implementing rent control, except where, following an initial six month period, compliance with such a scheme is voluntary and uncoerced on the part of property owners. Even when voluntary, rent control should be severely restricted in scope. This policy is based on the belief that the public is best served by free market rental rates for residential properties and by unrestricted home ownership. The terms of this chapter shall be liberally construed to effect this purpose.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 40p - The Massachusetts Rent Control Prohibition Act › Section 3 - Definition of Rent Control

Section 3. For purposes of this chapter, the words ''rent control'' shall mean:
(a) any regulation that in any way requires below-market rents for residential properties; and
(b) any regulation that is part of a regulatory scheme of rent control as defined in clause (a), including the regulation of occupancy, services, evictions, condominium conversion and the removal of properties from such rent control scheme; except that
(c) this definition does not include the regulation of, or agreements affecting, publicly owned housing, publicly subsidized housing, federally assisted housing, or mobile homes.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 40p - The Massachusetts Rent Control Prohibition Act › Section 4 - General Prohibition; Exception

Section 4. No city or town may enact, maintain or enforce rent control of any kind, except that any city or town that accepts this chapter may adopt rent control regulation that provides:
(a) after six months from the date of the initial adoption of rent control regulation by a particular city or town, compliance on the part of property owners as to the rent control regulation or any subsequently adopted rent control regulation shall be entirely voluntary and uncoerced, and the property of a person or entity declining to have his or its property subjected to such regulation shall be wholly unaffected by any aspect of the rent control regulation or any subsequently adopted rent control regulation;
(b) such regulation may not include the regulation of occupancy, services, evictions, condominium conversion or the removal of properties from such regulation, nor may such regulation apply to any rental unit that is owned by a person or entity owning less than ten rental units or that has a fair market rent exceeding $400; and
(c) a municipality adopting such regulation shall compensate owners of rent controlled units for each unit in the amount of the difference between the unit's fair market rent and the unit's below market, rent controlled rent, with such compensation coming from the municipality's general funds, so that the cost of any rent control shall be borne by all taxpayers of a municipality and not by the owners of regulated units only.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 40r - Smart Growth Zoning and Housing Production › Section 1 - Purpose

Section 1. It is the purpose of this chapter to encourage smart growth and increased housing production in Massachusetts. Smart growth is a principle of land development that emphasizes mixing land uses, increases the availability of affordable housing by creating a range of housing opportunities in neighborhoods, takes advantage of compact design, fosters distinctive and attractive communities, preserves open space, farmland, natural beauty and critical environmental areas, strengthens existing communities, provides a variety of transportation choices, makes development decisions predictable, fair and cost effective and encourages community and stakeholder collaboration in development decisions.
2023 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 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 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, 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 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.
2023 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 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 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.
2023 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 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;
(b) identify and describe the developable land area within the proposed smart growth zoning district;
(c) 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 ordinance or by-law;
(f) by narrative and exhibits, establish the elements set forth in section 6.
2023 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 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;
(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 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 the application of such ordinance or by-law to land, development or proposed development within the smart growth zoning district.
2023 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. 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 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.
2023 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 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 of %
New 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, 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.
(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. 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 and other approved zoning policies or initiatives that encourage increased affordable housing production in the commonwealth including, but not limited to, inclusionary zoning.
2023 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 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. 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 on account of a design standard adding such unreasonable costs or unreasonably impairing such feasibility.
2023 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 program 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. 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 the amounts and anticipated timing of one-time density 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 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.
2023 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.
2023 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, 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. Said 3 years shall commence on the date of the payment of the zoning incentive payment for said smart growth 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 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. 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 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.
2023 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.
2023 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

[ Text of section effective until May 30, 2023. For text effective May 30, 2023, see below.]
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.
Chapter 40S: Section 4. Annual report on cost and effectiveness of reimbursement program
[ Text of section as amended by 2023, 7, Sec. 189 effective May 30, 2023. See 2023, 7, Sec. 298. For text effective until May 30, 2023, see above.]
Section 4. The commissioners of revenue and education, the secretary of housing and livable communities 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.
2023 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.
2023 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 40t - Publicly-Assisted Affordable Housing › Section 8 - Regulatory Agreements

Section 8. A purchase by the department or by its designee pursuant to this chapter shall be subject to a regulatory agreement. A regulatory agreement shall not contain any terms that would preclude an owner or buyer from participating in, or diminishing the benefits that an owner would otherwise receive by participating in the United States Department of Housing and Urban Development's Mark Up to Market Program.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 40t - Publicly-Assisted Affordable Housing › Section 9 - Certificate of Compliance; Request; Time for Issuance; Filing Requirements

Section 9. An owner who has complied with sections 2 through 4, inclusive, which has not resulted in a purchase by the department or which has resulted in a sale pursuant to section 4, may apply to the department for a certificate of compliance by submitting a written request for the certificate in a form and with such documentation as required by the department to establish the owner's compliance to the satisfaction of the department. Upon submission of the written request, the owner shall provide a copy of the request to CEDAC and the chief executive officer of the affected municipality. Upon request by a tenant of the affected publicly-assisted housing, the owner shall provide a copy of the owner's request for a certificate of compliance. The department shall issue the certificate of compliance within 30 days after receipt of the application if it determines that the owner has complied with said sections 2 to 4, inclusive. The certificate of compliance shall be filed with the registry of deeds or the registry district of the land court of the county in which the real property is located within 1 year after the date of issuance.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 40t - Publicly-Assisted Affordable Housing › Section 10 - Applicability

Section 10. For the purposes of sections 3 and 4, housing that qualified as publicly-assisted housing as of the effective date of this chapter shall be subject to this chapter for 4 years after the date of the last event or occurrence that constituted a termination; provided, however, that the termination occurred subsequent to the effective date of this chapter.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 40u - Municipal Fines › Section 1 - Definitions

Section 1. ''Municipal hearing officer'', a person appointed by the appointing authority of a municipality to conduct hearings of alleged code violations pursuant to this chapter.
''Unpaid charge'', an unpaid fine incurred as a result of a violation of a rule, regulation, order, ordinance or by-law related to the use of property for short-term rental use or regulating a housing, sanitary or municipal snow and ice removal requirement.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 40u - Municipal Fines › Section 3 - Procedures for Payment of Municipal Fines; Power to Revoke or Rescind

Section 3. A municipality that adopts this chapter shall, in the manner provided in this chapter adopt procedures for the payment of the municipal fines provided in this chapter and may revoke or rescind any such acceptance.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 40u - Municipal Fines › Section 5 - Sidewalk Snow and Ice Removal; Penalties for Non-Compliance; Standards for Clearance

Section 5. A municipality shall by ordinances and by-laws provide for the removal of snow and ice from sidewalks within such portions of the municipality as they consider expedient by the owner of land abutting such sidewalks. Such ordinances and by-laws shall determine the time and manner of removal and shall affix penalties, not exceeding $200, for each such violation. Such ordinances and by-laws shall be specific as to the width of the area to be cleared and the standards for clearance.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 40u - Municipal Fines › Section 8 - Violation Notices

Section 8. Every officer and inspector who takes notice of a violation of a rule, regulation, order, ordinance or by-law regulating the housing, sanitary or snow and ice removal requirement shall provide the offender with a notice forthwith, which shall be in tag form, to appear before the municipal hearing officer or the hearings officer's designee during regular office hours, not later than 21 days after the date of such violation. All tags shall be prepared in triplicate or by the use of an automated ticketing device and shall be pre-numbered.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 40u - Municipal Fines › Section 9 - Affixing of Violation Tags

Section 9. The tag shall be affixed securely to the building or, for a building with an onsite professionally-managed property office, delivered to the office during normal business hours and shall contain, but shall not be limited, to: the date, time and place of the violation, the specific violation charged, the name and badge number of the officer or inspector and his division, a schedule of payment for established fines and instructions for return of the tag.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 40u - Municipal Fines › Section 10 - Retention and Delivery of Violation Notice Copies

Section 10. Within 3 business days after completion of each shift, the officer or inspector shall give to his superior those copies of each notice of a violation issued during such shift. The superior shall retain and preserve 1 copy and shall, not later than the beginning of the next business day after receipt of the notice, deliver another copy to the municipal hearing officer before whom the offender has been notified to appear, unless the ticket was produced by an automated ticketing device, in which case no duplicate copies need be retained. The municipal hearing officer shall maintain a docket of all such notices to appear.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 40u - Municipal Fines › Section 11 - Schedule of Fines for Violations

Section 11. The municipality shall, by ordinance or by-law, establish a schedule of fines for violations subject to this chapter committed within the municipality; provided, however, that all such fines shall be uniform for the same offense committed in the same zone or district, if any. A fine established under this chapter shall not exceed the maximum allowable amount under the relevant sections of the housing or sanitary code or municipal snow and ice removal requirement, excluding late fees.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 40u - Municipal Fines › Section 12 - Return of Notice of Violation; Payment; Request for Hearing; Additional Charges for Non-Payment

Section 12. Where a notice of violation is issued for a code violation, the alleged violator, within 21 days, shall return the notice of violation by mail, personally or by an authorized person, to the municipal hearing officer and shall either: (1) pay in full the scheduled fine by check, postal note, money order or other legal tender; or (2) request a hearing before the municipal hearing officer. Each violation issued shall contain a statement explaining the procedure to adjudicate the violation by mail. Any amounts paid shall be payable to the municipality. If a fine remains unpaid for 21 days and no hearing has been requested, a letter shall be sent to the property owner of record's mailing address and, if appropriate to the local individual or property management company responsible for the maintenance of the property, with a processing fee of not more than $10, notifying him that the fine shall be paid within 30 days after receipt of that notice unless within 14 days of receiving that notice the property owner requests a hearing before the municipal hearing officer and swears in writing under the pains and penalties of perjury that the property owner did not receive the notice of violation. If the fine remains unpaid after that 30 day period, additional penalties and interest may be attached. Thereafter, any fine and additional penalties and interest that may be attached and which remain unpaid shall become an additional assessment on the property owner's tax bill. Such amount and cost relative thereto may also be a lien upon such real estate as provided in section 42B of chapter 40. A municipality's determination of whether to place a lien on the property may involve the number of and the dollar amount of the violations on the property. The property owner of record shall be notified by certified mail of the lien on the property. No lien shall be removed without notice from the tax collector that all such matters have been disposed of in accordance with law. Additional charges equal to the amount required to file the lien and the amount required to release the lien shall be assessed against the owner of record for the purpose of ensuring that all costs associated with filing and release are recovered.