reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 11.00 - Modernization And Development Of State-aided Public Housing › Section 11.07 - Special Requirements Applicable to Large Projects

Current through Register 1525, July 5, 2024
For Large Projects, in addition to any other applicable
				requirements, the following shall apply:
(1)
Design Contracts
.
			 Contracts for designer services for Large Projects shall not be valid unless the
			 designer selection and the contract are approved in writing by the Department. No
			 such contract shall be modified or amended without the prior written approval of the
			 Department.
(2)
Design
			 Documents
. The designer and LHA must seek approval of the Department
			 and, in accordance with Department guidelines, the RCAT, at key milestones during
			 the design process:
(a)
Consultation on
			 the Scope of Work
. Prior to the preparation of any plans and
			 specifications, the designer and LHA shall discuss the scope of the work on a
			 preliminary basis with the Department and, if applicable, with the RCAT.
(b)
Authorization to Prepare Project
			 Documents
. The designer shall not prepare any phase of project
			 documents without the prior written authorization of the Department and, if
			 applicable, the RCAT. Such authorization shall not take place until all local
			 approvals shall have been secured unless otherwise authorized by the Department and,
			 if applicable, the RCAT.
(c)
Approval of Plans, Specifications, and Construction
			 Documents
. All plans and specifications, documentation of permitting,
			 and construction documents shall be reviewed and approved by the Department and, if
			 applicable, the RCAT prior to the LHA's advertising for bids.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 11.00 - Modernization And Development Of State-aided Public Housing › Section 11.08 - Capital Assistance Program

Current through Register 1525, July 5, 2024
(1) The purpose of 760
			 CMR 11.08 is to establish an RCAT Program pursuant to M.G.L. c. 121B, § 26C
			 based on best practices to allow LHAs to work collaboratively and to provide
			 capital, maintenance and repair planning and technical assistance to LHAs to
			 facilitate the capturing of economies of scale through increased collaboration
			 relative to, but not limited to, bulk purchasing, capital planning and capital
			 projects.
(2) All LHAs may participate
			 in the RCAT Program, and each LHA with 500 or fewer state-aided public housing units
			 is required to participate in the RCAT Program unless granted a waiver by the
			 Department. Such waivers shall be granted only when an LHA demonstrates that it does
			 not need the technical assistance offered under the RCAT Program based on its past
			 performance under the performance-based monitoring and assessment standards of
			 M.G.L. c. 121B, § 26B and such other criteria as may be set out in RCAT Program
			 waiver guidelines issued by the Department. Prior to seeking a waiver, an LHA shall
			 notify tenants and provide opportunity for resident participation in accordance with
			 760 CMR
			 6.09:
Tenant
			 Participation
.
(3) The
			 Department shall designate three RCAT Regions, each of which shall be served by a
			 single HHA which will administer the RCAT Program for that RCAT Region. In
			 designating the RCAT Regions, the Department shall take into consideration the
			 geographic area, the number of LHAs, and the number of state-aided public housing
			 units within each RCAT Region.
(4) Upon
			 establishing the three RCAT Regions in which the RCAT Program shall be administered,
			 the Department shall develop and issue a request for proposals, inviting LHAs to
			 submit proposals to serve as the HHA for the RCAT Region in which they are located.
			 The Department's request for proposals shall establish criteria for selection of the
			 HHA, including without limitation:
(a) the LHA's
			 past experience in developing and implementing capital and maintenance plans and
			 projects;
(b) the LHA's past experience
			 delivering technical assistance or other programs that require collaboration with
			 other LHAs and DHCD;
(c) the experience
			 and qualifications of the LHA's executive director and other employees;
			 and
(d) the LHA's past overall
			 performance, including findings under the performance-based monitoring and
			 assessment standards of M.G.L. c. 121B, § 26B.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 11.00 - Modernization And Development Of State-aided Public Housing › Section 11.09 - Tenant Coordinators

Current through Register 1525, July 5, 2024
The Department may require that an LHA engage the services of one or
				more tenant coordinators to expedite construction activities affecting residents for
				construction projects that involve substantial resident relocation or otherwise have
				a significant impact on residents for an extended period of time. If a tenant
				coordinator is required, the LHA shall:
(a)
			 Select the tenant coordinator(s) from a list of adult residents compiled by the LTO
			 on the basis of written applications that the LTO has reviewed, approved, and ranked
			 based on the skills and competence of the applicants. The LHA shall select tenant
			 coordinator(s) in the order of the LTO list, unless it has reason to object to an
			 applicant, in which case the LHA shall provide written notice to the LTO. The
			 Department will mediate any further dispute.
(b) Pay the tenant coordinator(s) at the rate of
			 one and a half times the highest minimum wage (State or Federal) then applicable in
			 the Commonwealth. An officer of an LTO or a member of the officer's immediate family
			 may be selected as a tenant coordinator by the LHA but shall be ineligible to
			 receive compensation. LHA Tenant Board Members and members of a Tenant Board
			 Member's immediate family are not eligible to be selected as tenant
			 coordinators.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 11.00 - Modernization And Development Of State-aided Public Housing › Section 11.10 - Waiver by the Department

Current through Register 1525, July 5, 2024
The Department may waive in writing any provision of
				760 CMR 11.00, not otherwise
				required by applicable law, for good cause shown by the LHA or the Department upon a
				determination that a waiver will advance the interests of the state-aided housing
				program and promote the public benefit.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 12.00 - Urban renewal regulations › Section 12.01 - Applicability and Definitions

Current through Register 1525, July 5, 2024
760 CMR 12.00 applies to all
				applications for approval of Urban Renewal Plans, and all on-going projects.
Plan approvals, conditions and waivers in effect as of April 20,
				2018 shall remain in effect.
760 CMR 12.00 governs planning and
				program activities for both Urban Renewal projects and Urban Revitalization and
				Development projects.
Unless otherwise specified, the definitions in M.G.L. c. 121B,
				§ 1 shall be applicable to
				760 CMR 12.00.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 12.00 - Urban renewal regulations › Section 12.02 - Urban Renewal Plans

Current through Register 1525, July 5, 2024
The Department of Housing and Community Development (Department) is
				charged with the responsibility for the review and decision on an application for
				approval of an Urban Renewal Plan. If the Department makes the findings set out in
				M.G.L. c. 121B, § 48, it shall approve the Plan.
Each application shall contain the following:
(1) An executive summary, outlining the urban
			 renewal agency's reasons for developing the Plan, what it hopes to accomplish and
			 how it will accomplish it.
(2)
Characteristics
. Plans or maps (the Department will accept
			 assessor's maps or other similar types of maps) of the project area and the
			 immediately surrounding area, showing:
(a)
			 Boundaries of the project area;
(b)
			 Existing property lines and the footprint of buildings, existing and
			 proposed;
(c) Existing uses, and the
			 current zoning;
(d) Proposed land uses,
			 public improvements and other activities;
(e) All thoroughfares, public rights of way and
			 easements, existing and proposed;
(f)
			 Parcels to be acquired;
(g) Lots to be
			 created for disposition;
(h) Buildings to
			 be demolished;
(i) Buildings to be
			 rehabilitated;
(j) Buildings to be
			 constructed.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 12.00 - Urban renewal regulations › Section 12.03 - Plan Changes

Current through Register 1525, July 5, 2024
The urban renewal agency shall submit all proposed minor and major
				plan changes to the Department for approval, except as specified in 760 CMR
				12.03(1). The application for a plan change shall include a detailed description of
				the change, and the purpose and effect of the plan change on project
				activities.
(1) A minor plan change is a
			 plan change that does not significantly affect any of the basic elements
			 (acquisitions, characteristics, objectives, public improvements, redeveloper's
			 obligations or disposition) of a previously approved Urban Renewal Plan as described
			 in
			 760 CMR 12.02(2),
			 (4), (5), (8), (9) and (10). An application for a
			 minor plan change shall include a resolution of the urban renewal agency adopting
			 the plan change. If deemed necessary for its decision, the Department may require
			 additional local approvals or information.
Urban renewal agencies need not seek DHCD approval for the following
				minor plan changes:
(a) Granting or
			 receiving easements for utilities;
(b)
			 Confirmatory takings for the purpose of title clearing;
(c) Tax foreclosures;
(d) Conveying non-buildable lots of less than
			 5,000 square feet to owners of adjacent parcels;
(e) Acquiring an interest in property made
			 available through a discontinuance of a public way;
(f) Transfer of a property interest to or from
			 another public entity.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 12.00 - Urban renewal regulations › Section 12.04 - Land Acquisition

Current through Register 1525, July 5, 2024
(1)
Appraisals
. Two independent appraisals must be submitted
			 for Department approval prior to the acquisition of any parcel, including parcels
			 acquired by eminent domain, by negotiated sale, or through any other means, except
			 as set out in 760 CMR12.04(3). If deemed necessary, the Department may request an
			 additional appraisal. The urban renewal agency's determination of the proposed
			 acquisition price shall be based on review of the appraisals. The acquisition price
			 shall not be less than the lowest appraisal, nor more than the highest
			 appraisal.
(2)
Negotiations
			 and Condemnation
. The urban renewal agency may negotiate for the
			 purchase of one or more parcels after the Urban Renewal Plan has been approved by
			 the Department. Negotiations may be performed by a member of the urban renewal
			 agency staff experienced in real estate matters or by a licensed broker under
			 contract. The negotiated acquisition price shall be approved by the Department.
			 Approval by the Department of the acquisition price for a parcel shall constitute
			 the Department's concurrence in the institution of condemnation proceedings,
			 provided that the urban renewal agency shall have made every reasonable effort to
			 acquire the property through purchase. All condemnation proceedings shall be
			 authorized by the urban renewal agency's governing body and shall be carried out in
			 accordance with M.G.L. c. 79.
(3)
Donations, Transfers from Another Public Entity, Tax Takings, Public
			 Auction
. Property acquired through donation from either a public or
			 private entity, through a transfer from another public entity, through a tax
			 foreclosure or through a public auction does not require an appraisal. However,
			 prior to disposing of the property in accordance with
			 760 CMR
			 12.05, urban renewal agencies must obtain
			 disposition appraisals.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 12.00 - Urban renewal regulations › Section 12.05 - Land Disposition

Current through Register 1525, July 5, 2024
(1) Each parcel to be
			 sold or otherwise disposed of by the urban renewal agency shall have an independent
			 disposition appraisal. If deemed necessary, the Department may require an additional
			 disposition appraisal. In cases where the cost of the appraisal will exceed the
			 estimated value of the parcel, the Department may waive the disposition appraisal.
			 Prior to disposition of any parcel, the urban renewal agency shall file or record
			 the Urban Renewal Plan or an appropriate declaration of restrictions with the
			 appropriate registry of deeds or division of the land court.
The urban renewal agency shall determine the disposition price for
				each parcel as follows:
(a) The disposition
			 price shall be no less than the fair market value of the land for the use specified
			 in the Urban Renewal Plan, as determined by the disposition appraisal;
(b) The disposition appraisal shall reflect both
			 the advantages created by the project and the requirements and limitations on land
			 uses to be imposed on the redeveloper by the Urban Renewal Plan;
(c) Disposition of project land may be made by
			 long-term lease. The urban renewal agency shall obtain an opinion from licensed
			 appraiser(s) of the fair market value of the parcel to be leased, the then current
			 rate of rent at which similar long-term land leases are made, and an acceptable
			 annual rent for the property to be leased;
(d) In instances where the urban renewal agency
			 has demonstrated that a significant public purpose will be served by disposing of
			 the parcel at less than the fair market value, the Department may approve such a
			 disposition at less than fair market value.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 12.00 - Urban renewal regulations › Section 12.06 - Reports

Current through Register 1525, July 5, 2024
Each urban renewal agency shall keep an accurate account of all its
				activities, receipts and expenditures in connection with the planning and execution
				of urban renewal projects and shall annually in the month of January make a report
				of such activities, receipts and expenditures to the Department and the mayor of the
				city or to the selectmen of the town within which such authority is organized. In
				cases where the urban renewal agency cannot conveniently submit the annual report in
				January, the Department will permit an urban renewal agency to submit the report in
				a different month, with prior Department approval.
(a) The urban renewal agency shall comply with all
			 requests of the Department for any other reports, audits of accounts, and records of
			 the project, and other assurances that the project is being executed on schedule and
			 in accordance with the approved Urban Renewal Plan.
(b)
Retention of Project
			 Records
. All project records shall be maintained and kept for a period
			 of seven years following project completion or three years following the date of
			 final resolution of all legal claims, whichever occurs later. All such records shall
			 be available for inspection by the Department.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 12.00 - Urban renewal regulations › Section 12.07 - Waiver

Current through Register 1525, July 5, 2024
The Director of the Department of Housing and Community Development
				may waive any provision of
				760 CMR 12.00 under the following
				circumstances:
(1) A catastrophic event,
			 such as a fire, flood, or other similar event, causing severe hardship to the
			 municipality; or
(2) There is severe
			 economic hardship in the municipality (such as may result from loss of a major
			 employer), an unemployment rate consistently in excess of the state average, or a
			 high concentration of low and moderate income population; and
(3) There is evidence that granting a waiver will
			 produce exceptional public benefit not otherwise available.
The request for a waiver must be submitted in writing to the Urban
				Renewal Program Specialist of the Department of Housing and Community Development,
				100 Cambridge Street, Suite 300, Boston, MA 02114. Communities shall submit detailed
				evidence to support their claims of hardship and public benefit.
In the event of such a waiver, the Department shall prepare a
				statement of facts upon which such a waiver is based. No waiver shall be made if it
				conflicts with any mandatory provision of any statute.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 13.00 - Reserved

Current through Register 1525, July 5, 2024
REGULATORY AUTHORITY:
760 CMR 13.00: M.G.L. c. 40D; c. 23B; and St. 1996, c.
				151.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 14.00 - Lead Paint Abatement Loan Program › Section 14.01 - Scope, Purpose, and Applicability

Current through Register 1525, July 5, 2024
The Lead Paint Abatement Loan Program was created by St. 1993, c.
				482, § 13, An Act Further Regulating Lead Paint in the Commonwealth (M.G.L. c.
				Ill, § 197E). It assists residential property owners in financing the abatement
				and containment of lead paint hazards. DHCD administers the program in consultation
				with the Commissioner and the Lead Poisoning Control Director appointed by the
				Commissioner.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 14.00 - Lead Paint Abatement Loan Program › Section 14.02 - Definitions

Current through Register 1525, July 5, 2024
Abatement
. The removal and replacement of
				paint, plaster, or other accessible structural material containing dangerous levels
				of lead.
Commissioner
. The Commissioner of the
				Department of Public Health (DPH).
Containment
. The encapsulation, covering,
				or enclosing by means authorized by the director of paint, plaster or other
				accessible structural material containing dangerous levels of lead.
Deferred Loan
. A loan secured by a mortgage
				on real estate or personal property, the repayment of which may be deferred until
				sale, transfer, or refinancing of the property, as more fully defined in the
Operations Manual.
DHCP
. The Department of Housing and
				Community Development.
DPH
. The Department of Public Health of the
				Commonwealth of Massachusetts.
Dwelling Unit (unit)
. A unit which includes
				separate cooking, sleeping and individual bathroom facilities.
Lead Poisoning Control Director
. The
				Director of the Childhood Lead Poisoning Prevention Program at DPH, appointed by the
				Commissioner as provided for in M.G.L. c. 111, § 190 and
				105 CMR 460.000:
Lead
				Poisoning Prevention and Control.
Low or Moderate Income Person or Family
. An
				individual or family whose income meets the requirements of the Mortgage Revenue
				Bond program established pursuant to the Internal Revenue Code of 1986, §
				143.
LPALP
. The Lead Paint Abatement Loan
				Program, established pursuant to M.G.L. c. Ill, § 197E.
Operations Manual
.
The
				publication,
Homeowner ship - Second Mortgage Loan Products, Get Out the
				Lead Program
issued by MHFA in consultation with DHCD containing guidelines
				that clarify and elaborate upon
				760 CMR 14.00.
MHFA
. The Massachusetts Housing Finance
				Agency of the Commonwealth of Massachusetts, created pursuant to St. 1966, c.
				708.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 14.00 - Lead Paint Abatement Loan Program › Section 14.03 - High-risk Areas and Communities

Current through Register 1525, July 5, 2024
DPH shall designate High-risk Areas and Communities based upon the
				following criteria:
(a) the incidence of
			 childhood lead poisoning reported in the previous five years;
(b) the proportion of residential housing stock
			 containing lead paint hazards;
(c) the
			 proportion of residents of low and moderate income; and
(d) prior efforts of appropriate agencies and
			 organizations to promote and carry out preventative measures to alleviate lead
			 hazards.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 14.00 - Lead Paint Abatement Loan Program › Section 14.04 - Application Process and Administrative Fees

Current through Register 1525, July 5, 2024
(1) The LPALP
			 application process and administrative procedures shall be established by MHFA in
			 the
Operations Manual,
provided that the
Operations
			 Manual
and all amendments thereto shall be approved by DHCD.
(2) The following may apply to DHCD to be selected
			 as Eligible Agencies and Organizations, which may distribute LP ALP funds:
(a) community action agencies;
(b) redevelopment agencies;
(c) local or regional nonprofit community and
			 housing agencies;
(d) appropriate
			 municipal and nonprofit agencies and organizations; and
(e) appropriate lending institutions.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 14.00 - Lead Paint Abatement Loan Program › Section 14.05 - Program Components

Current through Register 1525, July 5, 2024
(1) All LPALP loans
			 shall be used for lead paint abatement and containment activities in compliance with
			 the Massachusetts Lead Law, M.G.L. c. Ill, §§ 190 through 199B.
(2) LPALP loans shall be made only to owners of
			 dwelling units in which low or moderate income persons or families reside or will
			 reside immediately after abatement or containment.
(3) MHFA shall publish the terms and conditions of
			 LPALP loans in the
Operations Manual,
provided that:
(a) such terms and conditions shall be based upon
			 income level criteria;
(b) borrowers may
			 be permitted to defer loan repayment until sale, transfer, or refinancing of the
			 property; and
(c) the rate of interest
			 shall not exceed the maximum rate set in the
Operations Manual
subject to approval of DHCD, provided that this maximum rate may be increased upon
			 written authorization by the Undersecretary of DHCD or his or her
			 designee.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 14.00 - Lead Paint Abatement Loan Program › Section 14.06 - Waiver by Director of Housing and Community Development

Current through Register 1525, July 5, 2024
The Undersecretary of DHCD or his or her designee may waive in
				writing any provision of
				760 CMR 14.00 not otherwise
				required by M.G.L. c. 111, § 197E when the Undersecretary of DHCD or such
				designee determines that such action is in the public interest.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 18.00 - Massachusetts Capital Improvement and Preservation Fund › Section 18.02 - Definitions

Current through Register 1525, July 5, 2024
Application
. An application, including a
				description of an Eligible Project (Project) for which Capital Improvement and
				Preservation Fund (CIPF) assistance is requested, in the form and containing the
				information, including all sources of financing, required by the CIPF
				Guidelines.
Community Development Corporation (CDC)
. A
				nonprofit corporation as defined in M.G.L. c. 40F, § 1. To participate in a
				CIPF Project as a developer or member of a development team, a CDC may be required
				by the Department to be an Internal Revenue Code § 501(c)(3)
				organization.
Department
. The Department of Housing and
				Community Development (DHCD).
Eligible Project (Project)
. A project which
				meets the eligibility criteria contained in
				760 CMR 18.00 and the CIPF
				Guidelines.
CEDAC
. The Community Economic Development
				Assistance Corporation, established by M.G.L. c. 40H.
CIPF
. Capital Improvement and Preservation
				Fund, established pursuant to the CIPF Legislation.
CIPF Guidelines
. Guidelines issued by the
				Department that clarify and elaborate upon
				760 CMR 18.00.
CIPF Legislation
. Collectively, the CIPF I
				Legislation, the CIPF II Legislation, and M.G.L. c. 121G or, where the context so
				requires, the specific legislation applicable, respectively, to CIPF I, CIPF II, and
				M.G.L. c. 121G loans or grants.
Local Housing Authority (LHA)
. A public
				body politic and corporate organized and existing pursuant to M.G.L. c. 121B §
				3.
Low or Moderate Income Person or Family
. An
				individual or family whose adjusted income is less than or equal to 80% of the
				median income for the family size in the pertinent region as determined by the
				Secretary of the U.S. Department of Housing and Urban Development (HUD) or successor
				agency for federal housing programs.
MHP
. The Massachusetts Housing Partnership
				Fund, established by St. 1985, c. 405, § 35.
MassHousing
. (The former Massachusetts
				Housing Finance Agency), established by St. 1966, c. 708.
Very Low Income Person or Family
. An
				individual or family whose adjusted income is less than or equal to 50% of the
				median income for the family size in the pertinent region as determined by the
				Secretary of HUD or successor agency for federal housing programs.
Nonprofit Corporation
. A corporation
				organized under M.G.L. c. 180 which may also be required to be a 501(c)(3)
				organization under the Internal Revenue Code at the time of Application or loan
				closing.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 18.00 - Massachusetts Capital Improvement and Preservation Fund › Section 18.03 - Eligible Recipients

Current through Register 1525, July 5, 2024
A CDC, LHA, for-profit organization, or Nonprofit Corporation shall
				be eligible to receive a CIPF loan or grant to carry out an Eligible
				Project.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 18.00 - Massachusetts Capital Improvement and Preservation Fund › Section 18.04 - Eligible Projects (Projects)

Current through Register 1525, July 5, 2024
(1) The Department
			 may make CIPF loans and grants:
(a) to acquire,
			 preserve, and improve affordable rental and ownership housing
1. where the prepayment of a state or
			 federally-assisted MassHousing mortgage would lead or has led to the termination of
			 a use agreement for low income housing; or
2. if funded pursuant to the CIPF I Legislation,
			 for which the United States Department of Housing and Urban Development has approved
			 but not fully funded a plan of action to transfer the housing to a qualified tenant
			 or tenant endorsed purchaser pursuant to
			 12
			 U.S.C. §§
											4010 through
			 4147; or
3. if funded pursuant to the CIPF II Legislation
			 or M.G.L. c. 121G, where a contract for project-based rental assistance is expiring
			 or has expired, or where the expiration of any state or federally-assisted mortgage,
			 or the expiration of federal or state low-income housing tax credits, would lead or
			 has led to the termination of a use agreement for low-income
			 housing.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 18.00 - Massachusetts Capital Improvement and Preservation Fund › Section 18.05 - Acquisition, Preservation, and Improvement

Current through Register 1525, July 5, 2024
All housing acquired, preserved, or improved by CIPF funds shall
				meet the following requirements:
(1) If
			 funded pursuant to the CIPF I Legislation, for at least 30 years after a CIPF loan
			 or grant is provided, a minimum of 50% of the total number of units shall be
			 reserved for occupancy by Low or Moderate Income Persons or Families and, of such
			 reserved units, a minimum of 10% of the units (that is, 5 % of the total number of
			 units) shall be reserved for occupancy by Very Low Income Persons or
			 Families.
(2) If funded pursuant to the
			 CIPF II Legislation or M.G.L. c. 121G, for at least 40 years after a CIPF loan or
			 grant is provided, a minimum of 50% of the total number of units shall be reserved
			 for occupancy by Low or Moderate Income Persons and Families and, of such reserved
			 units, a minimum of 10% of the units (that is, 5% of the total number of units)
			 shall be reserved for occupancy by Very Low Income Persons or Families.
(3) MassHousing or United States Department of
			 Housing and Urban Development regulations may require that a greater percentage of
			 units than is specified in 760 CMR 18.05(1) or (2) shall be rented to or owned by
			 Low or Moderate Income Persons or Families and Very Low Income Persons or
			 Families.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 18.00 - Massachusetts Capital Improvement and Preservation Fund › Section 18.06 - Application Process and Administrative Fees

Current through Register 1525, July 5, 2024
The CIPF application process and administrative procedures and fees
				shall be established by the Department in the CIPF Guidelines.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 18.00 - Massachusetts Capital Improvement and Preservation Fund › Section 18.07 - Findings

Current through Register 1525, July 5, 2024
In approving Projects that will receive funding through CIPF, the
				Department shall make the following findings:
(1) that the housing would not by private
			 enterprise alone and without government assistance be available to Low or Moderate
			 Income Persons or Families and Very Low Income Persons and Families;
(2) that the amount of the assistance appears to
			 be the minimum amount necessary to make the housing development feasible;
(3) that with respect to rental housing, the
			 operations of the owner, including any pertinent articles of organization and
			 bylaws, and any changes in management operations or corporate structure, will be
			 subject to regulation by the Department;
(4) that the housing shall remain affordable for
			 its useful life as determined by the Department;
(5) that provision of the housing will be of
			 public benefit and for a public purpose; and
(6) that the owner is current on all existing
			 mortgage obligations with the Commonwealth of Massachusetts on any political
			 subdivision thereof.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 18.00 - Massachusetts Capital Improvement and Preservation Fund › Section 18.08 - Waiver Provision

Current through Register 1525, July 5, 2024
The Undersecretary of Department may waive, in writing, any
				provision of
				760 CMR 18.00 not required by
				statute if he or she determines that such action is advisable and in the public
				interest.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 19.00 - Facilities Consolidation Fund Program › Section 19.01 - Scope, Purpose, and Applicability

Current through Register 1525, July 5, 2024
(1) The
			 Facilities Consolidation Fund (FCF) program was created by St. 1993, c. 52, § 2
			 (budget line item 4000-8200), as modified by St. 1993, c. 493, § 15, and
			 further modified by St. 1993, c. 494, § 4 (Original FCF Legislation), and
			 modified and continued by St. 2002, c. 244, §§ 15 through 19 (FCF 2
			 Legislation), St. 2004, c. 290, § 2E (budget line item 4000-8200) (FCF 3
			 Legislation), St. 2008, c. 119, § 2 (budget line item 7004-0029) and § 11
			 (FCF 4 Legislation), St. 2013, c. 129, § 2 (budget line item 7004-0040) and
			 § 19 (FCF 5 Legislation), and St. 2018, c. 99, § 2 (budget line item
			 7000-0050) and § 30 (FCF 6 Legislation) which authorized the Department of
			 Housing and Community Development to use certain general obligation bond funds for
			 the creation of Community-based Housing, or if funded under the FCF 5 Legislation or
			 FCF 6 Legislation, Community-based Housing or Supportive Housing, for Individuals
			 with Mental Illness and Individuals with Intellectual Disabilities. The FCF program
			 provides loans, or if funded under the FCF 4, FCF 5, or FCF 6 Legislation, loans or
			 grants for Eligible Projects developed by one or more Nonprofit Corporations,
			 organizations in which one or more Nonprofit Corporations have a controlling
			 financial or managerial interest, or, if funded under the FCF 4 Legislation, FCF 5
			 Legislation, or FCF 6 Legislation, For-profit Organizations; provided that
			 preference for subcontracts shall be given to Nonprofit Corporations.
(2)760 CMR 19.00 does not change the
			 rights and obligations of an Owner of a project on which construction began before
			 December 13, 1996. The provisions of Regulatory Agreements entered before December
			 13, 1996 shall remain in full force and effect according to their terms.
(3) In the event of any actual or potential
			 inconsistency between or among the provisions of
			 760 CMR 19.00, the applicable FCF
			 Legislation, the Facilities Consolidation Plan, and/or the FCF Guidelines (both as
			 hereinafter defined), and the documents evidencing a loan or grant under the FCF
			 program, such provisions shall be interpreted, to the extent reasonably possible, so
			 as to reconcile any such inconsistencies. If such provisions cannot reasonably be
			 reconciled, the provisions of the applicable FCF Legislation, the Facilities
			 Consolidation Plan,
			 760 CMR 19.00, the FCF Guidelines,
			 and such loan or grant documents, in the foregoing order of priority, shall
			 control.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 19.00 - Facilities Consolidation Fund Program › Section 19.03 - Eligible Projects/Uses

Current through Register 1525, July 5, 2024
An FCF loan, or grant funded under the FCF 4, FCF 5, or FCF 6
				Legislation, may be made only for a Residential Housing Development that is a
				Financially Feasible Project and which:
(1)
			 complies, or upon completion will comply, with the FCF Legislation and all other
			 applicable federal, state or local requirements, including the Americans with
			 Disabilities Act of 1990, and 105 CMR 410.00:
Minimum Standards of Fitness
			 for Human Habitation State Sanitary Code: Chapter
II; and
(2) in accordance with the Facilities
			 Consolidation Plan, provides Community-based Housing for Individuals with Mental
			 Illness or Individuals with Intellectual Disabilities, or, solely in the case of
			 funding under the FCF 4 Legislation, provides Independent Integrated Housing for Low
			 or Moderate Income Households or Individuals served by DMH or writes down building
			 costs of Independent Integrated Housing or other Community-based Housing for Low or
			 Moderate Income Households or Individuals served by DMH, all of whom are either:
(a) current or former residents of Facilities who
			 have been adversely affected by the Facilities Consolidation Plan;
(b) awaiting Community-based Housing due to
			 historically high costs needed to maintain Facilities, as certified by DDS or DMH in
			 connection with an Application; or
(c)
			 living in Community-based Housing but are underserved due to historically high costs
			 needed to maintain Facilities, as certified by DDS or DMH in connection with an
			 Application.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 19.00 - Facilities Consolidation Fund Program › Section 19.05 - Statutory Exemptions

Current through Register 1525, July 5, 2024
Loans and grants provided under the FCF program are exempt from the
				following provisions of state law:
(1)
			 M.G.L. c. 111, §§ 25(C) through 25(G), and any other general or special
			 law requiring determination of need;
(2)
			 M.G.L. c. 7, §§ 38A½ through 38O;
(3) M.G.L. c. 30, § 39M; and
(4) M.G.L. c. 149, §§ 44A through
			 44J.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 19.00 - Facilities Consolidation Fund Program › Section 19.06 - Waiver Provisions

Current through Register 1525, July 5, 2024
If any provision in the FCF Legislation,
				760 CMR 19.00 or the FCF
				Guidelines or any other requirement of the FCF program would preclude the use of
				federal funds that would otherwise assist in meeting the goals of the FCF program,
				the Undersecretary of DHCD may, as provided in the FCF Legislation, modify, waive or
				negotiate such modifications to the rules as may be required to allow the use of
				such federal funds; provided, however, that the interests of the Commonwealth shall
				remain protected. In the event that the terms of repayment detailed in the FCF
				Legislation,
				760 CMR 19.00, the FCF Guidelines
				or loan documents evidencing an FCF loan would cause a Project authorized by the FCF
				Legislation to become ineligible to receive federal funds which would otherwise
				assist in the development of that project, the Undersecretary may waive the terms of
				repayment which would cause the Project to become ineligible. The Undersecretary may
				also waive any provision of
				760 CMR 19.00 not required by the
				FCF Legislation, if the Undersecretary determines that such action is advisable and
				in the public interest.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 19.00 - Facilities Consolidation Fund Program › Section 19.07 - Reporting Requirements

Current through Register 1525, July 5, 2024
Within 30 days after the end of each calendar quarter, DHCD and
				EOHHS jointly shall submit to the House and Senate Committees on Ways and Means a
				report detailing all financial activities under the FCF program during the calendar
				quarter just ended. Such report shall include descriptions of all loan agreements,
				grant awards, expenditures, encumbrances, debt issuances and debt service
				incurred.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 20.00 - Reserved

Current through Register 1525, July 5, 2024
REGULATORY AUTHORITY:
760 CMR 20.00: M.G.L. c. 23B § 6, St. 1985, c. 405,
				§35.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 21.00 - Reserved

Current through Register 1525, July 5, 2024
REGULATORY AUTHORITY
760 CMR 21.00: M.G.L. c. 23B, § 6; c. 121B, §§ 25,
				26(m), and 29.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 23.00 - Housing Innovations Funds › Section 23.03 - Eligible Projects/Uses

Current through Register 1525, July 5, 2024
A HIF loan or other form of financial assistance may only be made
				for a Residential Housing Development which is a Financially Feasible Project and
				which:
(1) as required by the applicable
			 HIF Legislation, will be subject to a Land Use Restriction for the benefit of DHCD,
			 running with the land on which the Project is located and duly registered/filed,
			 requiring that the land shall be used for the purpose of providing an Alternative
			 Form of Housing (whether rental or ownership housing), which Land Use Restriction
			 shall not be released until either the balance of the principal and interest for
			 such loan shall have been repaid in full (subject to applicable restrictions on
			 prepayment), or a mortgage foreclosure deed on the first-priority mortgage shall
			 have been recorded; and which:
(a) in the case of
			 a HIF I, HIF II, or HIF III Project, reserves at least 50% of the housing units for
			 occupancy by Low-Income Persons or Families. DHCD may require that an additional
			 percentage, not to exceed 25%, be reserved for Very Low-Income Persons or Families.
			 In no case may an Eligible Project have fewer than three (3) units reserved for
			 Low-Income Persons or Families and/or Very Low-Income Persons or Families, and, for
			 Projects in which there are different types of units, may require a minimum number
			 of the various types of units;
(b) in
			 the case of a HIF IV, HIF V, or M.G.L. c.121E Project, reserves at least 50% of the
			 housing units for occupancy by Low-Income Persons or Families, and of such reserved
			 units reserves at least 50% of the housing units (that is, 25% of the total housing
			 units) for Extremely Low-Income Persons or Families. DHCD may require that an
			 Eligible Project must have, at a minimum, at least three (3) units reserved for
			 Low-Income Persons or Families and/or Extremely Low-Income Persons or Families, and,
			 for Projects in which there are different types of units, may require a minimum
			 number of the various types of units;
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 23.00 - Housing Innovations Funds › Section 23.05 - Findings

Current through Register 1525, July 5, 2024
In approving Eligible Projects for HIF funding, DHCD shall make the
				following findings:
(1)
Provision of Housing
. the Project is within the scope of
			 the applicable HIF Legislation, and may reasonably be expected to contribute to the
			 provision of Alternative Forms of Housing for Low-income Persons and
			 Families;
(2)
Public Benefit
			 and Purpose
. the Project will be of public benefit and for a public
			 purpose and any benefit to private parties or individuals, other than the Low-income
			 Persons or Families for whom housing is being provided, shall be indirect and
			 incidental and not the purpose of the Project;
(3)
Conformance with Law
.
			 the Project, when complete, will conform to all applicable laws and
			 regulations;
(4)
Success
. there is a reasonable expectation that the Project
			 will be successful.
(5)
No
			 Default
. the Developer is current on all existing mortgage obligations
			 with the Commonwealth of Massachusetts or any political subdivisions
			 thereof;
(6)
Housing in
			 Receivership
. With respect to Projects involving Housing in
			 Receivership, DHCD shall also make the findings to confirm that the Project
			 satisfies the criteria set forth in
			 760 CMR
			 23.03(5).
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 23.00 - Housing Innovations Funds › Section 23.06 - Waiver Provisions

Current through Register 1525, July 5, 2024
If any of the requirements relating to repayment set forth in
				760
				CMR 23.04(2)  would cause an
				Eligible Project to become ineligible for federal funds that would otherwise be
				available for an Eligible Project, the Undersecretary of DHCD may modify or waive
				that requirement to allow the use of such federal funds; provided, however, that the
				interests of the Commonwealth shall remain protected. The Undersecretary of DHCD may
				also waive any provision of
				760 CMR 23.00 not required by the
				applicable HIF Legislation, if the Undersecretary determines that such action is
				advisable and in the public interest.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 24.00 - Massachusetts Housing Stabilization Fund › Section 24.03 - Eligible Recipients

Current through Register 1525, July 5, 2024
(1) Any Government
			 Agency, LHA, CDC, or, for Eligible Projects funded pursuant to HSF II, HSF III, HSF
			 IV or M.G.L. c. 121F, Limited Equity Cooperative Housing Corporation, or, for
			 Eligible Projects funded pursuant to HSF III, HSF IV, or M.G.L. c. 121F, CHDO, shall
			 be eligible to receive a HSF loan or grant to carry out an Eligible Project and may
			 be a Developer or may subcontract with one or more for-profit or non-profit
			 organizations for such organizations to be the Developer.
(2) CEDAC or MHP shall be eligible to receive a
			 HSF grant for a Project described in
			 760 CMR 24.04(2)
			  and may make a loan for such a Project or
			 subcontract with other nonprofit or for-profit organizations to make such a
			 loan.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 24.00 - Massachusetts Housing Stabilization Fund › Section 24.05 - Acquisition, Preservation, New Construction, and Stabilization

Current through Register 1525, July 5, 2024
All housing acquired, preserved, constructed or stabilized by HSF
				funds shall meet the following requirements, except for housing meeting the
				requirements of
				760 CMR
				24.04(2):
(1) For Projects funded pursuant to the HSF I or
			 HSF II Legislation:
(a) For the first 20 years
			 after a HSF loan or grant is provided, substantially all of the assisted units shall
			 be rented to or owned by Low or Moderate Income Persons or Families.
(b) After the first 20 years, the assisted units
			 may be rented or sold to persons or families whose adjusted income is less than or
			 equal to 100% of the Area Median Income; provided that, if the units are sold, they
			 shall remain subject to such affordability restrictions as determined by the
			 Department to be reasonable and necessary to maintain long-term
			 affordability.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 24.00 - Massachusetts Housing Stabilization Fund › Section 24.06 - Demolition

Current through Register 1525, July 5, 2024
(1)
Demolition
. A
			 privately owned building may be demolished if:
(a)
			 it is vacant, abandoned, uninhabitable, taken by the city or town for taxes, and not
			 economically feasible to rehabilitate; and
(b) demolition is in accordance with an approved
			 Neighborhood Revitalization Plan for the area in which the demolition is
			 undertaken.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 24.00 - Massachusetts Housing Stabilization Fund › Section 24.07 - Application Process and Administrative Fees

Current through Register 1525, July 5, 2024
The HSF application process and administrative procedures and fees
				shall be established from time to time by the Department in the HSF
				Guidelines.