reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 59.00 - Smart growth zoning districts and starter home zoning districts › Section 59.08 - Waiver

Current through Register 1525, July 5, 2024
The Director of DHCD may waive, in writing, any provision of
				760 CMR 59.00 not required by
				statute on findings that such waiver is consistent with the purposes set out in
				M.G.L. c. 40R and
				760 CMR 59.00 and that desirable
				relief in the public interest will be accomplished through such waiver. A request
				for waiver shall be in writing to the Director, Department of Housing and Community
				Development, 100 Cambridge Street, Suite 300, Boston, MA 02114 and shall contain a
				reliable showing that the waiver meets all the requirements of 760 CMR
				59.08.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 60.00 - Community-based housing fund program › Section 60.01 - Scope, Purpose, and Applicability

Current through Register 1525, July 5, 2024
(1) The
			 Community-based Housing loan program (CBH Program) was created by St. 2004, c. 290,
			 § 2E (budget line item 4000-8201) (CBH 1 Legislation), as modified and
			 continued by St. 2008, c. 119, § 2 (budget line item 7004-0030) and § 11 (
			 collectively CBH 2 Legislation), St. 2013, c. 129, § 2 (budget line item
			 7004-0041) and § 19 (CBH 3 Legislation), and St. 2018, c. 99, § 2 (budget
			 line item 7004-0051) and § 30 (CBH 4 Legislation), which authorized the
			 Department of Housing and Community Development to use certain general obligation
			 bond funds for loans supporting the development and redevelopment of Community-based
			 Housing, or if funded under the CBH 3 Legislation or CBH 4 Legislation,
			 Community-based Housing or Supportive Housing, for Persons Certified Eligible (PCEs)
			 who are not eligible for housing developed pursuant to the Facilities Consolidation
			 Fund (FCF) program authorized by St. 2004, c. 290, § 2E (budget line item
			 4000-8200) (FCF 3 Legislation), as modified and continued by St. 2008, c. 119,
			 § 2 (budget line item 7004-0029) and § 11 (collectively FCF 4
			 Legislation), and St. 2013, c. 192, § 2 (budget line item 7004-0040) (FCF 5
			 Legislation), and St. 2018, c. 99, § 2 (budget line item 7004-0050) and §
			 30 (FCF 6 Legislation). The CBH Program provides loans 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 pursuant to the CBH 2, CBH 3 or CBH 4 Legislation, For-profit Organizations;
			 provided that preference for subcontracts shall be given to Nonprofit
			 Corporations.
(2) In the event of any
			 actual or potential inconsistency between or among the provisions of
			 760 CMR 60.00, the applicable CBH
			 Legislation, the CBH Guidelines, or the loan documents evidencing a loan made under
			 the CBH 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 CBH Legislation,
			 760 CMR 60.00, the CBH Guidelines
			 and such loan 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 60.00 - Community-based housing fund program › Section 60.03 - Eligible Projects/Uses

Current through Register 1525, July 5, 2024
A CBH Loan can only be made for a Residential Housing Development
				that is a Financially Feasible Project and that:
(1) is developed to be owned and operated by one
			 or more Non-profit Corporations (or an entity or entities in which one or more
			 Nonprofit Corporations have a controlling financial or managerial interest, as
			 approved by DHCD), a Single-purpose Owner Entity, a For-profit Organization, or a
			 joint venture partnership with a for-profit developer and one or more of the
			 foregoing, provided that preference in awarding subcontracts shall be given to
			 Nonprofit Corporations;
(2) in
			 accordance with the EOHHS Services Plan, provides Community-based Housing for
			 PCEs;
(3) involves the Creation of
			 Housing, the Preservation of Housing or the refinancing of an existing CBH Loan if
			 permitted under
			 760 CMR
			 60.04(4);
(4) as required by the CBH Legislation, will be
			 subject to a Land Use Restriction for the benefit of DHCD and any other appropriate
			 state housing and service agencies for loans granted under CBH 1 and 2; for the
			 benefit of DHCD, EOHHS, MRC and any other appropriate state housing and service
			 agencies for loans granted under CBH 3; and for the benefit of DHCD for loans
			 granted under CBH 4, running with the land on which the Project is located and duly
			 registered/filed, requiring that the Project shall be used for the purpose of
			 providing Community-based Housing for PCEs and reserving all the CBH Units in the
			 Project for occupancy by Low-income Persons or Families, which Land Use Restriction
			 shall be released only in accordance with the provisions of the CBH Legislation,
			 760 CMR 60.00 and the CBH
			 Guidelines; and
(5) complies, or upon
			 completion will comply, with the CBH Legislation and all other applicable federal,
			 state or local requirements, including the Americans with Disabilities Act of 1990,
			 M.G.L. c. 79A, and 105 CMR 410.00:
Minimum Standards of Fitness for Human
			 Habitation State Sanitary Code: Chapter II
.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 60.00 - Community-based housing fund program › Section 60.05 - Waiver Provisions

Current through Register 1525, July 5, 2024
If any of the requirements relating to repayment set forth in
				760 CMR
				60.04(2)  would cause an Eligible
				Project to become ineligible for federal funds that would otherwise be available for
				an Eligible Project, the Commissioner of MRC 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 60.00 not required by the
				applicable CBH 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 61.00 - Data Collection For Government Assisted Housing In Massachusetts › Section 61.02 - Purpose

Current through Register 1525, July 5, 2024
(1) The purpose of
			 760 CMR 61.00 is to comply with
			 St. 2006, c. 334 which provides for the gathering, compiling, and reporting of data
			 by the Department of Housing and Community Development (DHCD) to provide current,
			 accurate, and detailed information on the number, location, and residents of
			 assisted housing units and recipients of state or federal rental assistance in the
			 Commonwealth.
			 760 CMR 61.00 are also intended to
			 ensure that the Commonwealth affirmatively furthers fair housing.
(2) The Department of Housing and Community
			 Development (DHCD) will use this data to analyze and evaluate applicable housing
			 programs, and to provide information to the legislature and other interested
			 parties.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 61.00 - Data Collection For Government Assisted Housing In Massachusetts › Section 61.04 - Collection of Data

Current through Register 1525, July 5, 2024
(1) Subsidizing agencies
			 shall collect data, as required by 760 CMR 61.04, on assisted housing units and
			 state or federal rental assistance that they administer. Subsidizing agencies may
			 designate such data collection responsibility to entities including but not limited
			 to project sponsors, property owners, and managers. Subsidizing agencies or their
			 designees shall collect data in a manner and schedule that complies with guidelines,
			 instructions, and/or forms developed by DHCD.
(2) Data shall be collected on the number and
			 location of assisted housing units and state or federal rental assistance.
(3) Data shall be collected for the term of the
			 subsidy, including upon turnover and rent redetermination, and resale where
			 applicable as determined by DHCD.
(4)
			 Data shall be collected on:
(a) tenure of the
			 unit;
(b) the type of housing;
(c) the type of building;
(d) the number of bedrooms per housing
			 unit;
(e) the number of accessible units
			 for mobility impairments;
(f) the number
			 of accessible units for sensory impairments;
(g) the source and term of any and all
			 subsidy;
(h) the size of each
			 household;
(i) the income level of each
			 household;
(j) the race and ethnicity of
			 the head of household of each household, and, if available as determined by DHCD, a
			 designation of whether or not the household contains at least one adult member that
			 is a racial minority and and/or ethnic minority;
(k) the number of children under 18 years of age
			 in each household;
(l) the number of
			 children under six years of age in each household;
(m) to the extent possible, as determined by DHCD,
			 the number of households that requested an accessible unit;
(n) to the extent possible, as determined by DHCD,
			 the number of households in 760 CMR 61.04(4)(m) that received an accessible unit;
			 and
(o) the household type, if available
			 as determined by DHCD.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 61.00 - Data Collection For Government Assisted Housing In Massachusetts › Section 61.05 - Reporting of Data

Current through Register 1525, July 5, 2024
(1) Subsidizing agencies
			 or their designees shall report data collected, as required by
			 760 CMR
			 61.04, to DHCD. Subsidizing agencies may designate
			 such data reporting responsibility to entities including but not limited to project
			 sponsors, property owners, and managers. Subsidizing agencies or their designees
			 shall report data in a manner and schedule that complies with guidelines,
			 instructions, and/or forms developed by DHCD.
(2) DHCD shall annually report to the legislature
			 on December 31st as required by St. 2006, c.
			 334.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 61.00 - Data Collection For Government Assisted Housing In Massachusetts › Section 61.06 - Limitations on Use of Information

Current through Register 1525, July 5, 2024
(1) DHCD and every party
			 receiving information pursuant to
			 760 CMR 61.00
et
			 seq
. and St. 2006, c. 334 shall not use any such information for any
			 purpose described in Section 603(d)(1) of the federal Fair Credit Reporting Act
			 (15 U.S.C. §
									1681a(d)(1)) or in any manner
			 that would cause DHCD and every party receiving information pursuant to
			 760 CMR 61.00
et
			 seq
. and St. 2006, c. 334 to be considered a "consumer reporting agency"
			 under Section 603(f) of the federal Fair Credit Reporting Act (15 U.S.C.
			 §
									1681a(f)) .
(2) Unless otherwise expressly directed by the
			 General Court, DHCD shall report only aggregated, de-identified data to the General
			 Court and take such other measures it deems necessary to protect the right to
			 confidentiality of the data subjects afforded by M.G.L. c. 214, § 1B.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 61.00 - Data Collection For Government Assisted Housing In Massachusetts › Section 61.07 - Privacy Act Compliance

Current through Register 1525, July 5, 2024
(1) DHCD is authorized
			 to have access to the data required by
			 760 CMR 61.00
et
			 seq
., as such access is consistent with the purposes of the Fair
			 Information Practices Act, M.G.L. c. 66A.
(2) Collection and reporting of data, as required
			 by
			 760 CMR
			 61.04 and 761 CMR 61.05 respectively, is subject
			 to the requirements of the Fair Information Practices Act, M.G.L. c. 66A, and all
			 other applicable statutes and regulations, and personal data shall not be reported
			 to the public in a manner that does not comply therewith.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 61.00 - Data Collection For Government Assisted Housing In Massachusetts › Section 61.08 - Waiver

Current through Register 1525, July 5, 2024
The Director of DHCD may waive, in writing, any provision contained
				in
				760 CMR 61.00 et seq. when
				exceptional circumstances exist and strict compliance would not be in the public
				interest and would be inconsistent with the purposes of the Act.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 62.00 - Commercial Area Transit Node Housing Program › Section 62.01 - Scope, Purpose and Applicability

Current through Register 1525, July 5, 2024
(1)760 CMR 62.00 is promulgated by
			 the Department of Housing and Community Development (Department) to establish rules,
			 standards and procedures to regulate the Commercial Area Transit Node Housing
			 Program (CATNHP) authorized by St. 2002, c. 244, § 2, budget line item
			 7004-7016 (CATNHP I Legislation) and reauthorized by St. 2008, c. 119, § 2,
			 budget line item 7004-0038 (CATNHP II Legislation), St. 2013, c. 129, § 2,
			 budget line item 7004-0048 (CATNHP III Legislation), and St. 2018, c. 99, § 2,
			 budget line item 7004-0058 (CATNHP IV Legislation).
(2) CATNHP provides financial support for the
			 development of residential housing units and Mixed Use Developments within
			 Neighborhood Commercial Areas and Transit-oriented Developments Proximate to Public
			 Transit Nodes. For funding for residential housing Projects located within
			 Neighborhood Commercial Areas under CATNHP II, the Department shall give priority to
			 developments for which Municipalities have adopted a housing tax increment financing
			 plan (UHC-TIF Plan) in an Urban Center Housing Zone pursuant to M.G.L. c. 40, §
			 60. For funding for Transit-oriented Development located Proximate to a Public
			 Transit Node, eligible activities shall include, without limitation, planning
			 grants, financing subsidies and environmental assessment.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 62.00 - Commercial Area Transit Node Housing Program › Section 62.03 - Eligible Projects/Activities

Current through Register 1525, July 5, 2024
(1) The Department
			 shall approve CATNHP financial support only for an Eligible Project/ Activity that
			 meets each of the following requirements and otherwise complies with the CATNHP
			 Guidelines:
(a) The Project shall be residential
			 housing units, including residential units above commercial space, located either
			 within a Neighborhood Commercial Area or a Transit-oriented Development located
			 Proximate to a Public Transit Node or a Mixed Use Development located within a
			 Neighborhood Commercial Area;
(b) The
			 Project Sponsor shall be in good standing with the Department and its programs as
			 measured by its prior performance in carrying out previously awarded programs funded
			 by the Department, as set out in the CATNHP Guidelines; and
(c) Not less than 50% of the units in a Project
			 receiving CATNHP financial support shall be occupied by and affordable to Low or
			 Moderate Income Persons or Families.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 62.00 - Commercial Area Transit Node Housing Program › Section 62.04 - Financial Support, Terms and Conditions

Current through Register 1525, July 5, 2024
(1) The
			 Department may provide financial support to Project Sponsors for the development of
			 residential housing units or Mixed Use Developments located within Neighborhood
			 Commercial Areas and to fund Transit-oriented Developments located Proximate to
			 Public Transit Nodes that meet the requirements established in
			 760 CMR
			 62.03, 62.04 and
			 62.05.
(2) For funding pursuant to the CATNHP I
			 Legislation, the Department shall offer financial support through an initial
			 demonstration of CATNHP funding to Projects located within Neighborhood Commercial
			 Areas and to Transit-oriented Developments located Proximate to Public-transit
			 Nodes.
(3) For funding pursuant to the
			 CATNHP II Legislation, the Department shall conduct competitive funding rounds for
			 financial support in accordance with
			 760 CMR
			 62.05 and the CATNHP Guidelines.
(4) For funding pursuant to the CATNHP III or
			 CATNHP IV Legislation, the Department may offer financial support for the Commercial
			 Component of Mixed Use Developments in accordance with
			 760 CMR
			 62.05 and the CATNHP Guidelines. No financial
			 subsidy for the commercial portion of a project shall exceed 25% of the total
			 development cost of the commercial portion of the project or $1,000,000, whichever
			 is smaller.
(5)
Forms of
			 Financial Support
.
(a) The Department
			 may provide CATNHP financial support in the form of loans for the development of
			 residential housing units located within Neighborhood Commercial Areas, in
			 accordance with the CATNHP Guidelines.
(b) The Department may provide CATNHP financial
			 support in the form of loans for the development of residential housing units or
			 other financial assistance including, without limitation, planning grants, financing
			 subsidies and environmental assistance, for Transit-oriented Development located
			 Proximate to Public Transit Nodes, in accordance with the CATNHP
			 Guidelines.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 62.00 - Commercial Area Transit Node Housing Program › Section 62.05 - Application Requirements

Current through Register 1525, July 5, 2024
(1)
Requests
			 for Proposals
. The Department shall conduct competitive funding rounds
			 for CATNHP funding in accordance with the CATNHP Guidelines.
(2)
Applications
. Project
			 Sponsors shall comply with the application procedures, standards and requirements
			 for CATNHP financial support set out in
			 760 CMR 62.00 and the CATNHP
			 Guidelines.
(3)
Department
			 Review
. The Department shall approve CATNHP funding in accordance with
			 the CATNHP Guidelines regarding application content, criteria for competitive review
			 and consideration of preferential features. The Department shall not consider an
			 application that does not substantially comply with the requirements of 760 CMR
			 62.05 and the CATNHP Guidelines.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 62.00 - Commercial Area Transit Node Housing Program › Section 62.06 - Interpretation and Consistency with Other Regulations

Current through Register 1525, July 5, 2024
(1)760 CMR 62.00 is intended to be
			 consistent and compatible with existing regulations and guidelines of the Department
			 that regulate the funding of affordable housing projects, including the Low-income
			 Housing Tax Credit Program, the HOME Investment Partnerships Program, the Housing
			 Innovations Fund, the Facilities Consolidation Fund, the Community-based Housing
			 Program, the Housing Stabilization Fund and the Affordable Housing Trust
			 Fund.
(2) In the event of any actual or
			 potential inconsistency between or among the provisions of
			 760 CMR 62.00, the applicable
			 CATNHP Legislation and/or the CATNHP Guidelines, and the documents evidencing
			 financial support made under the CATNHP program, such provisions shall be
			 interpreted, to the extent reasonably possible, to reconcile any such
			 inconsistencies. If such provisions cannot reasonably be reconciled, the provisions
			 of the applicable CATNHP Legislation,
			 760 CMR 62.00, the CATNHP
			 Guidelines, and such 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 62.00 - Commercial Area Transit Node Housing Program › Section 62.07 - Waiver

Current through Register 1525, July 5, 2024
The Undersecretary of the Department may waive, in writing, any
				provision of
				760 CMR 62.00 not required by the
				CATNHP Legislation on findings that such waiver is consistent with the purposes set
				out in the CATNHP Legislation and in
				760 CMR 62.00, and that desirable
				relief in the public interest will be accomplished through such waiver. A request
				for waiver shall be in writing to the Undersecretary, Department of Housing and
				Community Development, 100 Cambridge Street, Suite 300, Boston, MA 02114. The
				request shall contain a reliable showing that the waiver meets all the requirements
				of 760 CMR 62.07.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 62.00 - Commercial Area Transit Node Housing Program › Section 62.08 - Severability

Current through Register 1525, July 5, 2024
The provisions of
				760 CMR 62.00 are severable, and
				if any provision is held unconstitutional or a violation of law by any court of
				competent jurisdiction, or shall otherwise cease to be effective, all other
				provisions of
				760 CMR 62.00 shall remain in
				effect.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 63.00 - Public Housing Innovation Programs › Section 63.01 - Scope, Purpose, and Applicability

Current through Register 1525, July 5, 2024
The Public Housing Innovation Demonstration Program (PHID Program)
				was created by St. 2008, c. 119, § 2, line item 7004-0034, and amended by St.
				2013, c. 129, § 2, line item 7004-0045. St. 2008, c. 119, § 2, line item
				7004-0034, St. 2013, c. 129, § 2, line item 7004-0045, and St. 2018, c. 99,
				§ 2, line item 7004-0055 each authorized the Department of Housing and
				Community Development to use up to $50,000,000 in general obligation bond funds over
				a five-year term to support programs that demonstrate cost effective revitalization
				methods for State-aided Family and Elderly/ Handicapped Public Housing and to seek
				to reduce the need for future state modernization funding. The PHID Program will
				provide grants for PHID Eligible Projects sponsored and developed by Local Housing
				Authorities.
The Regional Public Housing Innovation Program (RPHI) was created by
				St. 2014, c. 235, § 12 codified at M.G.L. c. 121B, § 38D, which directed
				the Department to create a program designed to achieve:
(a) innovative models for the development,
			 redevelopment and repair of public housing;
(b) innovative models for improved management of
			 public housing;
(c) increased
			 coordination among several housing authorities;
(d) increased economic efficiencies; and
(e) the expansion of economic opportunities for
			 tenants and the Commonwealth. The RPHI Program will provide grants to Regional
			 Housing Authorities selected by the Department in accordance with
			 760 CMR 63.00, subject to
			 appropriation.
In the event of any actual or potential inconsistency between or
				among the provisions of
				760 CMR 63.00, the applicable PHID
				Program Legislation, the PHID Program Guidelines, or the documents evidencing a PHID
				Grant, those provisions shall be interpreted, to the extent reasonably possible, so
				as to reconcile any such inconsistencies. If the provisions cannot reasonably be
				reconciled, the provisions of the applicable PHID Legislation,
				760 CMR 63.00, the PHID Program
				Guidelines and the grant documents, in the foregoing order of priority, shall
				control.
In the event of any actual or potential inconsistency between or
				among the provisions of
				760 CMR 63.00, the applicable RPHI
				Program Legislation, the RPHI Program Guidelines, or the documents evidencing a RPHI
				Grant, those provisions shall be interpreted, to the extent reasonably possible, so
				as to reconcile any such inconsistencies. If the provisions cannot reasonably be
				reconciled, the provisions of the applicable RPHI Legislation,
				760 CMR 63.00, the RPHI Program
				Guidelines and the 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 63.00 - Public Housing Innovation Programs › Section 63.03 - PHID Program

Current through Register 1525, July 5, 2024
(1)
PHID
			 Eligible Projects
.
(a)
Required Elements
. The Department shall approve a PHID
			 Grant only for a PHID Eligible Project proposed by one or more Local Housing
			 Authorities that:
1. is for a marketing,
			 management, construction or rehabilitation project or use for State-aided Family
			 and/or Elderly/Handicapped Public Housing which is a Financially Feasible
			 Project;
2. demonstrates innovative and
			 replicable solutions to the management, marketing or capital needs of State-aided
			 Family and/or Elderly/Handicapped Public Housing; and
3. contributes to the continued viability of the
			 housing as a resource for public housing eligible residents.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 63.00 - Public Housing Innovation Programs › Section 63.04 - RPHI Program

Current through Register 1525, July 5, 2024
(1)
RPHI
			 Application and Selection Process
.
(a) An Applicant for the RPHI must be a Regional
			 Housing Authority as defined by
			 760 CMR
			 63.02.
(b) The total number of RPHI program participants
			 shall not exceed four. Otherwise eligible housing authorities on Nantucket Island or
			 Martha's Vineyard shall not be prohibited from participation.
1. Up to three of the participating Regional
			 Housing Authorities shall have at least seven Participating Communities and
			 portfolios of at least 750 State-aided Public Housing units.
2. At least one of the four participating Regional
			 Housing Authorities shall have a portfolio of between 250 and 700 State-aided Public
			 Housing units and at least ten Participating Communities.
3. It is a goal of the program to serve urban,
			 suburban and rural areas located in varied geographical regions throughout the
			 Commonwealth. In the event that the Department receives more than four applications,
			 it will include these considerations in its selection process.
(c) Applicants must demonstrate that they have the
			 ability to plan and carry out activities under the program, as evidenced by their
			 prior performance in the operation and maintenance of State-aided Public Housing,
			 demonstrate that they have a need to redevelop and repair occupied and vacant
			 State-aided Public Housing units, and must satisfy other appropriate selection
			 criteria as set out in guidelines issued by the Department.
(d) Applications shall state how the Regional
			 Housing Authority will demonstrate, create or seek to achieve, with respect to
			 State-aided Public Housing:
1. Innovative models
			 for the redevelopment and repair of State-aided Public Housing, including housing
			 for the frail elderly;
2. Innovative
			 models for improved management;
3.
			 Coordination among several housing authorities;
4. Economic efficiencies; and
5. Expansion of economic opportunities for tenants
			 and for the Commonwealth.
(e)
			 Applications that propose a feasible plan for the development of new affordable
			 housing units are encouraged.
(f)
			 Applicants shall describe how residents in State-aided Public Housing will be
			 provided with independent technical assistance sufficient to allow them meaningful
			 and informed input in the application and, if selected, in the program
			 implementation process.
(g) Applications
			 may be submitted on a rolling basis. The Department shall approve or deny an
			 application within 90 days of its submission. If the application is denied, the
			 Department will provide a written explanation of the reasons for the denial.
			 Rejected applicants may reapply no more than once per year, provided program
			 openings are available.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 63.00 - Public Housing Innovation Programs › Section 63.05 - Report to Legislature

Current through Register 1525, July 5, 2024
The Department shall report to the House and Senate Committees on
				Ways and Means and the Joint Committee on Housing on the participation of housing
				authorities in the PHID and RPHI programs annually on the first Monday in
				July.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 63.00 - Public Housing Innovation Programs › Section 63.06 - Waiver Provisions

Current through Register 1525, July 5, 2024
(1) A Regional or Local
			 Housing Authority may submit to the Department a request for approval of a waiver of
			 any provision of
			 760 CMR 63.00 or another
			 regulation promulgated by the Department pursuant to the PHID or RPHI Program
			 Guidelines. A Regional or Local Housing Authority requesting such a waiver shall
			 include in its Application, with respect to each requested waiver, an explanation of
			 the reason for the waiver, including a demonstration that the additional regulatory
			 relief is required to further the objectives of the PHID or RPHI Program and is
			 otherwise necessary and appropriate.
(2)
			 The Department, in its discretion, may approve a waiver of any provision of
			 760 CMR 63.00 or another
			 regulation promulgated by the Department if it determines that the waiver will
			 further the objectives of the PHID or RPHI Program and will be consistent with the
			 purpose of the PHID or RPHI legislation,
			 760 CMR 63.00, the PHID or RPHI
			 Program Guidelines, and all applicable provisions of law.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 64.00 - Publicly-assisted Affordable Housing Preservation › Section 64.01 - Background and Purpose

Current through Register 1525, July 5, 2024
760 CMR 64.00 establish rules,
				standards, and procedures for the Publicly-assisted Affordable Housing Preservation
				Program created by M.G.L c. 40T. The Department of Housing and Community Development
				(the Department) is the regulatory agency for the program and is authorized to issue
				regulations to explain and to provide specifics of the program and its operation. It
				is the purpose of M.G.L. c. 40T and
				760 CMR 64.00 to preserve the
				affordability of publicly-assisted housing in Massachusetts.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 64.00 - Publicly-assisted Affordable Housing Preservation › Section 64.03 - Notices

Current through Register 1525, July 5, 2024
760 CMR 64.03 contains procedures for the giving of Notices by the
				Owner.
(1) The following categories of
			 notice (each a Notice) to be given by the Owner are governed by 760 CMR 64.03:
(a) notice of the future Termination of an
			 Affordability Restriction affecting Publicly-assisted Housing, as required by M.G.L.
			 c. 40T, § 2(a) (a Notice of Future Termination). Where more than one
			 Termination may occur, the Owner may send one written notice so long as the
			 Terminations are scheduled to occur within one year of each other, the notice is
			 given at least two years prior to the earliest termination, and the notice otherwise
			 complies with 760 CMR 64.03.
(b) notice
			 of the Owner's intent to complete the Termination of an Affordability Restriction
			 affecting Publicly-assisted Housing or that such Termination will occur without
			 action by the Owner, as required by M.G.L. c. 40T, § 2(b) (a Notice of Intent
			 to Complete Termination).
(c) notice of
			 the Owner's intent to pursue a potential Sale of Publicly-assisted Housing, and its
			 offer to sell such Publicly-assisted Housing to the Department or its Designee, as
			 required by M.G.L. c. 40T, § 2(c) (an Offer to Sell).
(d) notice of the Owner's intent to pursue a
			 potential sale to a Preservation Purchaser (a Notice of Intent to Sell to a
			 Preservation Purchaser).
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 64.00 - Publicly-assisted Affordable Housing Preservation › Section 64.04 - Department's Selection of Designee

Current through Register 1525, July 5, 2024
760 CMR 64.04 contains standards and procedures for the open and
				competitive selection of a Designee by the Department, in accordance with M.G.L. c.
				40T, § 3(b). 760 CMR 64.04 is intended to ensure that any Designee can
				demonstrate its ability to own and operate Publicly-assisted Housing. Because of the
				statutory timelines, time is of the essence relative to all deadlines set forth in
				760 CMR 64.04.
(1)
Process
. The Department shall select Designees through an
			 open and competitive process consistent with standards and procedures defined in
			 written guidelines to be issued by the Department.
(2)
Selection of
			 Designees
.
(a) Factors to be
			 considered in the selection of a Designee shall include but not be limited to a
			 party's resources and capabilities, its demonstrated commitment to affordable
			 housing, its prior experience in successfully owning or operating Publicly-assisted
			 Housing, its record with respect to federal and state fair housing laws, and its
			 ability to proceed with the proposed transaction in a timely manner.
(b) The Department may, if it chooses:
1. grant preference in the selection process to
			 potential Designees who have been prequalified; or
2. limit submissions to such prequalified
			 candidates; or
3. make its selection
			 directly from the existing pool of prequalified candidates.
If an Affected Municipality requests designation under M.G.L. c.
				40T, § 3(b), such Affected Municipality shall be required to demonstrate its
				compliance with the Department's selection standards.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 64.00 - Publicly-assisted Affordable Housing Preservation › Section 64.05 - Due Diligence Process

Current through Register 1525, July 5, 2024
750 CMR 64.05 contains standards and procedures for the Owner's
				cooperation with the due diligence activities to be undertaken by a Designee as a
				potential Purchaser of Publicly-assisted Housing.
(1)
Due Diligence
			 Materials
.
(a) The Owner shall make
			 available to the Department and/or its Designee the documents listed in M.G.L. c.
			 40T, § 3(d), in accordance with the time period set forth in M.G.L. c. 40T,
			 § 3(d).
(b) The Owner and any agent
			 or broker employed by or on behalf of the Owner shall cooperate in good faith with
			 the Designee in promptly providing or facilitating the provision of full due
			 diligence materials and inspections.
(c)
			 The Department may issue written guidelines that identify additional due diligence
			 materials to be made available by the Owner. Collectively, the documents listed in
			 M.G.L. c. 40T and any additional materials identified in the Department's guidelines
			 are referred to as the "Due Diligence Materials". The Owner shall promptly notify
			 the Department and its Designee of any Due Diligence Materials that are not in its
			 possession, and it shall use reasonable and diligent efforts to locate and obtain
			 such Materials.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 64.00 - Publicly-assisted Affordable Housing Preservation › Section 64.06 - Sale by Owner to Designee or Third Party

Current through Register 1525, July 5, 2024
760 CMR 64.06 contains standards and procedures for the Sale by the
				Owner of Publicly-assisted Housing to a Designee or Third Party, in accordance with
				M.G.L. c. 40T, § 4, so long as the Owner complies with all other requirements
				of M.G.L. c. 40T and
				760 CMR 64.00.
(1)
Sale to Third Party
.
			 If any of the following events occur, the Owner may complete a Sale of the
			 Publicly-assisted Housing to a Third Party within two years from the applicable date
			 specified in M.G.L. c. 40T, so long as the Owner complies with all other
			 requirements of M.G.L. c. 40T and
			 760 CMR 64.00:
(a) the Department and its Designee irrevocably
			 waive their rights of offer, for the two-year period from the applicable date
			 specified in M.G.L. c. 40T, by failing to submit a timely offer to the Owner, as set
			 forth in M.G.L. c. 40T, § 3(c);
(b)
			 the Department and its designee waive their rights of offer as set forth in M.G.L.
			 c. 40T, § 3, by prior written communication to the Owner;
(c) the Department or its Designee fails to enter
			 into a Purchase Contract with the Owner following the Owner's acceptance of an offer
			 from the Department or its Designee, as set forth in M.G.L. c. 40T, §
			 3(c);
(d) the Department or its Designee
			 fails to execute a proposed Purchase Contract offered by the Owner, as set forth in
			 M.G.L. c. 40T, § 4(b);
(e) the
			 Department or its Designee executes a Purchase Contract, but fails to perform in
			 accordance with such Purchase Contract, as set forth in M.G.L. c. 40T,
			 4(d);
(f) the Department or its Designee
			 fails to make a timely counteroffer, or the Owner rejects such counteroffer, in
			 either case as set forth in M.G.L. c. 40T, § 4(e); or
(g) the Department and its Designee waive their
			 rights of first refusal and counteroffer as set forth in M.G.L. c. 40T, § 4, by
			 prior written communication to the Owner.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 64.00 - Publicly-assisted Affordable Housing Preservation › Section 64.07 - Certificate of Exemption

Current through Register 1525, July 5, 2024
760 CMR 64.07 contains standards and procedures for the issuance by
				the Department of a Certificate of Exemption, in accordance with M.G.L. c. 40T,
				§ 6.
(1)
Parties Seeking
			 Exemptions
.
(a) In the event of a
			 claimed exemption under M.G.L. c. 40T, §§ 6(a)(iv), (v), or (vii), the
			 Owner and the Third Party Purchaser must jointly seek Preliminary and Final
			 Certificates of Exemption from the Department, confirming that the Sale is not
			 subject to the provisions of M.G.L. c. 40T, §§ 3 and 4, or to
			 760 CMR
			 64.05 and
			 64.06.
(b) In the event of a claimed exemption under
			 M.G.L. c. 40T, § 6(a)(vi), the Owner and the Affiliate Purchaser must jointly
			 seek Preliminary and Final Certificates of Exemption from the Department, confirming
			 that the Sale is not subject to the provisions of M.G.L. c. 40T, §§ 3 and
			 4, or to
			 760 CMR
			 64.05 and
			 64.06.
(c) In the event of a claimed exemption, either
			 because:
1. the Sale falls into one of the
			 exemption categories expressly listed in M.G.L. c. 40T, §§ 6(a)(i), (ii),
			 (iii), or (viii); or
2. four years have
			 passed after the date of the last event or occurrence that constituted a
			 Termination, as set forth in M.G.L. c. 40T, § 10, then in either case the Owner
			 and (in the case of a Preliminary Certificate of Exemption) the Third Party may
			 individually or jointly, as the case may be, seek a Certificate or Certificates of
			 Exemption from the Department, confirming that the Sale is not subject to the
			 provisions of M.G.L. c. 40T, §§ 3 and 4, or to
			 760 CMR
			 64.05 and
			 64.06.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 64.00 - Publicly-assisted Affordable Housing Preservation › Section 64.08 - Certificate of Compliance

Current through Register 1525, July 5, 2024
760 CMR 64.08 contains standards and procedures for the issuance by
				the Department of a Certificate of Compliance, in accordance with M.G.L. c. 40T,
				§ 9.
(1) An Owner and/or a Third Party
			 Purchaser may individually or jointly seek a Certificate of Compliance from the
			 Department, confirming compliance with M.G.L. c. 40T, §§ 2 through 4,
			 and/or with
			 760 CMR 64.00, only with respect
			 to one of the following events:
(a) the Department
			 and its Designee have waived their rights of offer either by written communication
			 or by failing to submit a timely offer to the Owner, as set forth in M.G.L. c. 40T,
			 § 3(c);
(b) The original Owner
			 proposes to complete or has completed a Sale to a Third Party Purchaser (who shall
			 upon completion of the Sale be deemed the Owner for purposes of 760 CMR 64.08 );
			 or
(c) The original Owner proposed to
			 complete or has completed a Sale to a Designee (who shall upon completion of the
			 Sale be deemed the Owner for purposes of 760 CMR 64.08 ).
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 64.00 - Publicly-assisted Affordable Housing Preservation › Section 64.09 - Other Provisions

Current through Register 1525, July 5, 2024
(1)
Manner
			 of Filings
. Any filing or submission, other than a Notice, required to
			 be made to theDepartmentunderM.G.L. c.40T or
			 760 CMR 64.00, and not otherwise
			 specifically provided for in M.G.L. c. 40T or
			 760 CMR 64.00, shall be made in
			 the same manner as is set forth for Notices in M.G.L. c. 40T, § 2(d).
(2)
Time Periods
. All
			 time periods set forth in M.G.L. c. 40T or
			 760 CMR 64.00 shall be calculated
			 in calendar days, except as otherwise set forth 760 CMR 64.09(2). A time period
			 shall not expire until the first day in which state offices are open. All time
			 periods for action by the Department initiated by receipt of a document or request
			 shall commence as of the date of receipt by the Department.
(3)
Complaints and Advisory
			 Opinions
. Any allegation of a Defective Notice or other failure to
			 comply with a provision of M.G.L. c. 40T or
			 760 CMR 64.00 or a request for an
			 advisory opinion shall be made in writing to the Department. The Department may
			 request such further information as it may find necessary or useful from any party,
			 prior to making a determination relative to a complaint or issuing an advisory
			 opinion.
(4)
Information
			 Provided to Tenants
. Upon request by any Tenant of the affected
			 Publicly-assisted Housing, the Department shall provide a copy of a Preliminary or
			 Final Certificate of Exemption or a Preliminary or Final Certificate of Compliance.
			 Upon request by any Tenant of the affected Publicly-assisted Housing, the Owner
			 shall provide a copy of a request for a Preliminary or Final Certificate of
			 Exemption or a request for a Preliminary or Final Certificate of Exemption or a
			 request for a Preliminary or Final Certificate of Compliance, and any information
			 accompanying such a request. Any such documentation, or other written communication
			 to Tenant(s) by the Department, shall be delivered to Tenant(s) by the Owner and may
			 be delivered to Tenant(s) by hand delivery by then Owner, by mail, or
			 electronically, or, if the Owner demonstrates to the Department that delivery to
			 Tenant(s) is not feasible and that posting will adequately inform such Tenant(s) of
			 the information, by requiring the Owner to post a copy at the project site or
			 allowing the Department to post such documentation.
(5)
Guidance
. The
			 Department may issue additional guidance as it deems appropriate and useful in
			 implementing M.G.L. c. 40T and
			 760 CMR 64.00. Guidance affecting
			 Tenants, Owners, Purchasers, or potential Designees generally shall be posted
			 electronically by the Department and made available in writing upon request. As used
			 in guidance issued by the Department, the following definition shall apply:
Affordable Housing Prevention Act
- means M.G.L. c.
			 40T.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 64.00 - Publicly-assisted Affordable Housing Preservation › Section 64.10 - Waivers; Compliance

Current through Register 1525, July 5, 2024
(1)
Waivers
. The Undersecretary of the Department may waive, in
			 writing, any provision of
			 760 CMR 64.00 not required by
			 M.G.L. c. 40T on findings that such waiver is consistent with the purposes set out
			 in M.G.L. c. 40T and
			 760 CMR 64.00 and that desirable
			 relief in the public interest will be accomplished through such waiver. A request
			 for waiver shall be in writing to the Undersecretary, Department of Housing and
			 Community Development, 100 Cambridge Street, Suite 300, Boston, MA 02114 shall
			 contain reliable evidence showing that the waiver meets all the requirements of 760
			 CMR 64.10(2), and shall provide notice to all Institutional Receipients. The
			 Department may request such further information as it may find necessary or useful
			 from any party, prior to making a determination relative to a requested waiver. In
			 making its determination, the Department shall consider any written comments that it
			 receives within ten days of receipt of the waiver request or before the
			 determination is made, whichever is longer.
(2)
Department Actions
.
			 The Department may take such equitable or other legal or administrative action as is
			 necessary to implement a waiver or otherwise effectuate the purposes or requirements
			 of M.G.L. c. 40T, or
			 760 CMR 64.00, upon a written
			 finding by the Undersecretary of the Department that such action is consistent with
			 the purposes set out in M.G.L. c. 40T and
			 760 CMR 64.00 and that desirable
			 relief in the public interest will be accomplished through such action.
(3)
Noncompliance
			 Notices
.
(a) The Department may issue
			 a Notice of Noncompliance and may file it with the applicable registry of deeds or
			 registry district of the land court in regard to any Publicly-assisted Housing when
			 a current or prior Owner fails to comply with the requirements of M.G.L. c. 40T or
			 760 CMR 64.00. The Department
			 shall serve copies of the Notice of Noncompliance on the parties listed in
			 760 CMR
			 64.03(3)(a). The Notice of
			 Noncompliance shall state the nature of the noncompliance and shall cite the
			 relevant portion of M.G.L. c. 40T and/or
			 760 CMR 64.00.
(b) A Rescission of Noncompliance shall be
			 provided to the Owner with notice to all Institutional Recipients when the Owner of
			 Publicly-assisted Housing has demonstrated to the satisfaction of the Department
			 that the Owner has cured the noncompliance that is the basis of a Notice of
			 Noncompliance.
Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 65.00 - The Massachusetts Short-term Housing Transition Program › Section 65.01 - Application

Current through Register 1525, July 5, 2024
760 CMR 65.00 is applicable to all
				short-term housing transition program (STHT) assistance provided through Budget Line
				Item 7004-0108 and administered by the Department. STHT assistance may also be
				referred to as HomeBASE (Building Alternatives to Shelter)
				assistance.