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An Act instructing the board of higher education to engage house of corrections and state prisons
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S822
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SD1555
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{'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-01-17T17:51:13.167'}
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[{'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-01-17T17:51:13.1666667'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-11T11:13:24.4866667'}, {'Id': 'REH1', 'Name': 'Russell E. Holmes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/REH1', 'ResponseDate': '2023-02-22T15:49:09.35'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-04-10T13:02:46.85'}, {'Id': 'SPK1', 'Name': 'Sally P. Kerans', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SPK1', 'ResponseDate': '2023-05-30T09:40:23.98'}, {'Id': 'JAG1', 'Name': 'Jessica Ann Giannino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG1', 'ResponseDate': '2023-08-01T17:02:49.64'}]
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Bill
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By Ms. Edwards, a petition (accompanied by bill, Senate, No. 822) of Lydia Edwards, Sal N. DiDomenico and Russell E. Holmes for legislation to instruct the board of higher education to engage house of corrections and state prisons. Higher Education.
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SECTION 1 Section 16 of chapter 15A of the General Laws is hereby amended by inserting after subsection Section 16 the following subsection:-
Section 16(a). As used in this subsection, the following words shall have the following meanings:
“Credit status”, currently incarcerated persons as well as most recently released persons who, during the term of incarceration, completed and received certification of requirements for an award of a General Equivalency Diploma (GED) with Credit and have been determined to be eligible for acceptance into freshman level, for-credit study at a public institution of higher education in Massachusetts;
“incarcerated person”, a committed offender or such other person as is placed in custody in a correctional facility in accordance with law;
“recently released”, release of a previously incarcerated person from a county jail, house of correction, or state prison to a non-custodial status that has occurred during the ninety (90) days previous to the most recent specific outreach of financial aid staff required in Section 16(b).
“public institution of higher education”, a system of public institutions of higher education as so defined in Section 5 of Chapter 15A of the General Laws
SECTION 2. Section 16 of Chapter 15A of the General Laws is hereby amended by inserting after Section 16 the following subsections:-
Section 16(b). The general scholarship program referenced in Section 16 of Chapter15A shall include a separate and specific outreach to each county Jail, House of Correction, and State Prison by financial aid staff of each public institution of higher education.
The Board of Higher Education shall oversee and supervise this outreach to ensure timely identification, at least twice per calendar year, by region, individuals who have obtained Credit Status. County Sheriffs in tandem with the Commissioner of Correction shall ensure reciprocal cooperation in this outreach by compiling twice a year a record of current incarcerated persons and most recently released persons who meet the requirements for acceptance into a public institution of higher education in Massachusetts.
16(c) In cases where a most recently incarcerated person has met the requirements for GED with credit status but has subsequently been released, the Sheriff and the Commissioner of Correction shall provide to the financial aid staff representative of a public institution of higher education the last known information concerning the anticipated place of residence and, if available, contact information for the most recently released person.
(i) The financial aid staff representative of the public institution of higher education shall, upon engagement of the qualified incarcerated person or most recently released person, provide specific counsel and offer expedient assistance to facilitate the current incarcerated person’s or most recently released person’s enrollment into freshman level for credit study in the next available semester, at the public institution of higher education. In the case of current qualified incarcerated person, this offer of assistance and expedited enrollment shall occur within thirty days of the incarcerated person’s scheduled release from the House of Correction or the State Prison. This facilitated and expedited assistance shall include the provision of financial aid, including need-based scholarships, to cover all costs of enrollment and study during the initial semester following release and shall be available to the student for each subsequent semester of study through completion of requirements for the award of a Certificate or Diploma.
16(d) The Board of Higher Education shall file an annual Report to the House and Senate Ways & Means Committees and the Joint Committee on the Judiciary and the Joint Committee on Public Safety & Security concerning the annual results of this outreach and engagement initiative.
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An Act relative to debt-free public higher education
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S823
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SD1946
| 193
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{'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-01-20T10:56:59.297'}
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[{'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-01-20T10:56:59.2966667'}, {'Id': 'M_C3', 'Name': 'Manny Cruz', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C3', 'ResponseDate': '2023-01-24T16:18:24.73'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-26T09:42:03.7666667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T11:26:16.6633333'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-02-02T10:28:26.3333333'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-02-07T16:37:33.4266667'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-07T16:37:33.4266667'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-05-10T17:13:10.3233333'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-06-13T11:52:50.4133333'}]
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Bill
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By Mr. Eldridge, a petition (accompanied by bill, Senate, No. 823) of James B. Eldridge, Manny Cruz, Jack Patrick Lewis, Vanna Howard and other members of the General Court for legislation to guarantee debt-free public higher education. Higher Education.
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SECTION 1. Section 1 of chapter 15A of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the word “opportunities”, in line 14, the following words:-
It is hereby further declared to be the policy of the commonwealth to guarantee free public higher education as a right for all residents.
SECTION 2. Chapter 15A of the General Laws is hereby amended by inserting after section 45 the following section:-
Section 46. (a) Definitions
As used in this section, the following words shall have the following meanings, unless the context clearly requires otherwise:
“Board”, the Board of Higher Education.
“Eligible Student”, any person admitted to Massachusetts public college or university or other public certificate, vocational, or adult education program, enrolled full-time or part-time, other than a nonimmigrant alien within the meaning of paragraph 15 of subsection (a)(A) through (S) of 8 U.S.C., section 1101 of the federal act, who has attended a high school in the commonwealth for 3 or more years and has graduated from a high school in the commonwealth or attained the equivalent thereof from an adult basic education program in the commonwealth, or is currently a student in a Massachusetts public higher education institution qualifying for in-state tuition under federal regulations, shall be eligible at any state institution of higher education in the commonwealth. The Legislature finds that this is a state law within the meaning of 8 U.S.C. 1621(d).
(b) Notwithstanding the provisions of any general or special law to the contrary, the board shall create a grant program to pay the equivalent of tuition and mandatory fees to an eligible student at any Massachusetts public college or university, or certificate, vocational or training program at a public institution. Students meeting the income eligibility for Federal Pell Grants shall receive additional aid in grants to pay for the additional costs of attendance as calculated by the academic institution of enrollment, including, but not limited to, room and board, books and supplies, transportation and personal expenses.
(c) The grant shall supplement and shall not replace state grants, gift aid, institutional aid, or federal aid through the Free Application for Federal Student Aid process. The board shall promulgate regulations to ensure funds from this program do not affect eligibility for other state grants, gift aid, institutional aid, or federal aid through the Free Application for Federal Student Aid process.
(d) All public higher education and public vocational training institutions shall be considered eligible institutions for this program and there shall be no restrictions on a student’s choice of academic programs.
(e) The board shall provide an annual notice of eligibility for this program to all eligible students and all new graduates from a Massachusetts high school or GED program. The board shall maintain a database of all students currently or potentially eligible for this program.
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An Act to establish a Master of Library Science assistance program
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S824
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SD718
| 193
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{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-12T16:29:55.513'}
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[{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-12T16:29:55.5133333'}]
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Bill
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By Mr. Feeney, a petition (accompanied by bill, Senate, No. 824) of Paul R. Feeney for legislation to establish a Master of Library Science assistance program. Higher Education.
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Section 19 of Chapter 15A of the Massachusetts General Laws, as appearing in the 2014 Official Edition, is amended by adding the following paragraph:-
The board of higher education, subject to appropriation, shall establish a public librarian incentive program, for the purpose of providing grants to public librarians presently working in a public library in the Commonwealth, who are planning to attend, or attending, an institution of higher education within the Commonwealth, or partner institutions under New England Board of Higher Education's Regional Student Program, to earn a Master of Library Science degree. Said board of higher education shall establish rules and regulations for the program, including the levels of academic, leadership, extracurricular, and other achievement needed to qualify for the grants. Based upon such rules and regulations, the board of higher education shall award a grant equal to full tuition to public librarians who apply from each public library and who qualify for the Master of Library Science assistance program.
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An Act relative to college athlete compensation and agent regulation
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S825
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SD1808
| 193
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{'Id': 'BRF0', 'Name': 'Barry R. Finegold', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BRF0', 'ResponseDate': '2023-01-19T18:08:01.707'}
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[{'Id': 'BRF0', 'Name': 'Barry R. Finegold', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BRF0', 'ResponseDate': '2023-01-19T18:08:01.7066667'}]
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Bill
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By Mr. Finegold, a petition (accompanied by bill, Senate, No. 825) of Barry R. Finegold for legislation relative to college athlete compensation and agent regulation. Higher Education.
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SECTION 1. The General Laws are hereby amended by inserting after chapter 78A the following chapter:-
CHAPTER 78B. Student-Athlete Compensation and Agent Regulation
Section 1. Definitions
As used in this chapter, the following words shall have the following meanings, unless the context clearly requires otherwise:
“Agency contract”, an agreement in which a student-athlete authorizes a person to negotiate or solicit on behalf of the student-athlete any of the following:
(i) a professional-sports-services contract;
(ii) an endorsement contract; or
(iii) a name, image or likeness agreement.
“Athlete agent”, an individual, whether or not registered pursuant to section 32 of chapter 9, who:
(i) directly or indirectly recruits or solicits a student-athlete to enter into an agency contract;
(ii) for compensation, procures employment or offers, promises, attempts or negotiates to obtain employment for a student-athlete as a professional athlete or member of a professional sports team or organization;
(iii) for compensation or in anticipation of compensation related to a student-athlete’s participation in athletics: (1) serves the student-athlete in an advisory capacity on a matter related to finances, business pursuits or career management decisions, unless the individual is an employee of an educational institution acting exclusively as an employee of the educational institution for the benefit of the educational institution; or (2) manages the business affairs of the student-athlete by providing assistance with bills, payments, contracts or taxes; or
(iv) in anticipation of representing a student-athlete for a purpose related to the student-athlete’s participation in athletics: (1) gives consideration to the student-athlete or another individual; (2) serves the student-athlete in an advisory capacity on a matter related to finances, business pursuits or career management decisions; or (3) manages the business affairs of the student-athlete by providing assistance with bills, payments, contracts or taxes.
An individual shall not be considered an “athlete agent” if the individual:
(i) acts solely on behalf of a professional sports team or organization;
(ii) is the spouse, parent or legal guardian of the student-athlete; or
(iii) is a licensed, registered or certified professional and offers or provides services to a student-athlete customarily provided by members of the profession; provided, however, that the individual does not: (1) recruit or solicit the student-athlete to enter into an agency contract; (2) for compensation, procure employment or offer, promise, attempt or negotiate to obtain employment for the student-athlete as a professional athlete or member of a professional sports team or organization; or (3) receive consideration for providing the services calculated using a different method than for an individual who is not a student-athlete.
“Athletic director”, the individual responsible for administering the overall athletic program of an educational institution or, if an educational institution has separately administered athletic programs for male student-athletes and female student-athletes, the athletic program for male student-athletes or the athletic program for female student-athletes, as appropriate.
“College”, a university, community college, junior college, graduate school or other public or private institution of higher education.
“Educational institution”, a college, secondary school, technical or vocational school, school district as defined in section 2 of chapter 70 or public or private elementary school.
“Endorsement contract”, an agreement under which a student-athlete is employed or receives consideration to use on behalf of the other party any value that the student-athlete may have because of publicity, reputation, following or fame because of athletic ability or performance.
“Enrolled”, registered for courses and attending athletic practice or class.
“Intercollegiate sport”, a sport played at the collegiate level for which eligibility requirements for participation by a student-athlete are established by a national association that promotes or regulates collegiate athletics.
“Interscholastic sport”, a sport played between educational institutions that are not colleges.
“Licensed, registered or certified professional”, an individual licensed, registered or certified as an attorney, dealer in securities, financial planner, insurance agent, real estate broker or sales agent, tax consultant, accountant or member of a profession, other than that of athlete agent, who is licensed, registered or certified by the commonwealth or a nationally recognized organization that licenses, registers or certifies members of the profession on the basis of experience, education or testing.
“Name, image or likeness agreement”, an express or implied agreement, oral or in a record, under which a third party provides money or any other thing of value in exchange for use of a student-athlete's name, image or likeness.
“Person”, an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency or instrumentality, or other legal entity.
“Professional-sports-services contract”, an agreement under which an individual is employed as a professional athlete or agrees to render services as a player on a professional sports team or with a professional sports organization.
“Record”, information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
“Recruit or solicit”, attempt to influence the choice of an athlete agent by a student-athlete or, if the student-athlete is a minor, a parent or guardian of the student-athlete. “Recruit or solicit” shall not include giving advice on the selection of a particular athlete agent in a family, coaching or social situation, unless the individual giving the advice does so because of the receipt or anticipated receipt of an economic benefit, directly or indirectly, from the athlete agent.
“Registration”, registration as an athlete agent pursuant to section 32 of chapter 9.
“Sign”, intentionally authenticate or adopt a record by:
(i) executing or adopting a tangible symbol; or
(ii) attaching to or logically associating with the record an electronic symbol, sound or process.
“Student-athlete”, an individual who engages in, is eligible to engage in or may be eligible in the future to engage in any intercollegiate or interscholastic sport; provided, however, that an individual shall not be considered a “student-athlete” with respect to a particular intercollegiate or interscholastic sport in which the individual is permanently ineligible to participate.
Section 2. Name, Image and Likeness Compensation
(a) A college shall not uphold any rule, requirement, standard or other limitation, except as otherwise provided for in this section, that prevents a student-athlete enrolled in that college from earning compensation as a result of the use of the student-athlete's name, image or likeness. A student-athlete's scholarship eligibility shall not be affected by the student-athlete earning compensation pursuant to this section as a result of the use of the student-athlete's name, image or likeness.
(b) An athletic association, conference or other group or organization with authority over intercollegiate sports, including, but not limited to, the National Collegiate Athletic Association, shall not prevent:
(i) a student-athlete enrolled in a college from earning compensation as a result of the use of the student-athlete's name, image or likeness; or
(ii) a college from participating in intercollegiate sports as a result of a student-athlete earning compensation from third parties for the use of the student’s name, image or likeness.
(c) A college, athletic association, conference or other group or organization with authority over intercollegiate sports shall not prevent a student-athlete enrolled in a college from obtaining professional representation in relation to agency contracts or other legal matters, including, but not limited to, representation provided by athlete agents or legal representation provided by an attorney.
(d) A scholarship from the college in which a student-athlete is enrolled that provides the student-athlete with the cost of attendance at that college shall not be considered compensation for the purposes of this section. A scholarship shall not be revoked as a result of earning compensation or obtaining athlete agent or legal representation pursuant to this section.
(e) A student-athlete enrolled in a college shall not enter into a name, image or likeness agreement if a provision of the name, image or likeness agreement is in conflict with a provision of the student-athlete's team contract; provided, however, that following the effective date of this section, a new team contract or a renewal or modification of a team contract of a college's athletic program shall not prevent a student-athlete from using the student-athlete's name, image or likeness for a commercial purpose when the student-athlete is not engaged in official team activities; and provided, further, that a student-athlete who enters into a name, image or likeness agreement shall disclose the name, image or likeness agreement to the athletic director of the student-athlete's college.
Section 3. Professional Sports Drafts
(a) An athletic association, conference, or other group or organization with authority over intercollegiate sports, including, but not limited to, the National Collegiate Athletic Association, shall not prevent a student-athlete from: (i) entering a professional sports draft while still enrolled in a college; or (ii) returning to a college and participating in intercollegiate sports after the student-athlete has been drafted to a professional sports team.
(b) A college shall not revoke a student-athlete's scholarship or eligibility to participate in intercollegiate sports with the college as a result of the student-athlete being drafted to a professional sports team or earning compensation from a professional sports team to which the student-athlete was drafted.
Section 4. Requirements for Contracts Between Student-Athletes and Agents
(a) An agency contract between an athlete agent and a student-athlete shall be in a record that is signed by the parties; provided, however, that the record shall be signed by the parent or guardian of the student-athlete if the student-athlete is a minor. The agency contract shall include, but not be limited to, the following:
(i) a statement that the athlete agent is registered as an athlete agent in the commonwealth pursuant to section 32 of chapter 9 and a list of all other states in which the agent is registered as an athlete agent;
(ii) the amount and method of calculating the consideration to be paid by the student-athlete for services to be provided by the athlete agent under the agency contract and any other consideration the athlete agent has received or will receive from any other source for entering into the agency contract or for providing the services;
(iii) the name of any person who: (1) is not listed in the athlete agent's application for registration or renewal of registration pursuant to section 32 of chapter 9; and (2) will be compensated because the student-athlete signed the agency contract;
(iv) a description of any expenses that the student-athlete agrees to reimburse;
(v) a description of the services to be provided to the student-athlete;
(vi) the duration of the agency contract;
(vii) the date of execution of the agency contract; and
(viii) a conspicuous notice in boldface type informing the student-athlete that by signing the agency contract: (1) the student-athlete and the athlete agent are both obligated to notify the student-athlete’s athletic director pursuant to section 5 of this chapter; and (2) the student-athlete, or, if the student-athlete is a minor, the parent or guardian of the student-athlete, has the right to cancel the contract pursuant to section 6 of this chapter.
(b) An agency contract shall be accompanied by a separate record signed by the student-athlete or, if the student-athlete is a minor, the parent or guardian of the student-athlete acknowledging receipt and understanding of the notice described in clause (viii) of subsection (a) of this section.
(c) At the time an agency contract is executed, the athlete agent shall give the student-athlete or, if the student-athlete is a minor, the parent or guardian of the student-athlete a copy of the contract and the separate acknowledgment required by subsection (b).
Section 5. Notice to Educational Institution
(a) For the purposes of this section, “communicating or attempting to communicate” shall mean contacting or attempting to contact by an in-person meeting, a record or any other method that conveys or attempts to convey a message.
(b) Not later than 72 hours after entering into an agency contract or before the next scheduled interscholastic or intercollegiate sports event in which the student-athlete may participate, whichever occurs first, both the athlete agent and the student-athlete shall inform the athletic director of the educational institution at which the student-athlete is enrolled or at which the athlete agent has reasonable grounds to believe the student-athlete intends to enroll. Notice provided by the athlete agent shall consist of a record of the existence of the agency contract.
(c) If an athlete agent enters into an agency contract with a student-athlete, or, if the student-athlete is a minor, the parent or guardian of the student-athlete, and the student-athlete subsequently enrolls at an educational institution, the athlete agent shall notify the athletic director of the educational institution of the existence of the contract not later than 72 hours after the athlete agent knew or should reasonably have known the student-athlete enrolled.
(d) If an athlete agent has a relationship with a student-athlete before the student-athlete enrolls in an educational institution and the student-athlete receives an athletic scholarship from the educational institution, the agent shall notify the athletic director of the educational institution of the relationship not later than 10 days after the enrollment if the athlete agent knows or reasonably should have known of the enrollment and:
(i) the relationship was motivated in whole or in part by the intention of the athlete agent to recruit or solicit the student-athlete, or, if the student-athlete is a minor, a parent or guardian of the student-athlete to enter into an agency contract in the future; or
(ii) the athlete agent directly or indirectly recruited or solicited the student-athlete, or, if the student-athlete is a minor, a parent or guardian of the student-athlete to enter into an agency contract before the enrollment.
(e) An athlete agent shall give notice in a record to the athletic director of the educational institution at which a student-athlete is enrolled before the athlete agent communicates or attempts to communicate with:
(i) the student-athlete, or, if the student-athlete is a minor, a parent or guardian of the student-athlete, to influence the student-athlete or parent or guardian to enter into an agency contract; or
(ii) another individual to have that individual influence the student-athlete, or, if the student-athlete is a minor, the parent or guardian of the student-athlete, to enter into an agency contract.
(f) If a communication or attempt to communicate with an athlete agent is initiated by a student-athlete or another individual on behalf of the student-athlete, the athlete agent shall notify in a record the athletic director of any educational institution at which the student-athlete is enrolled. The notification shall be made not later than 10 days after the communication or attempt.
(g) An educational institution that becomes aware of a violation of this section by an athlete agent shall give notice about the violation to the secretary of the commonwealth and any professional league or players association with which the educational institution is aware the athlete agent is licensed or registered.
Section 6. Student-Athlete's Right to Cancel a Contract
(a) A student-athlete or, if the student-athlete is a minor, the parent or guardian of the student-athlete, may cancel an agency contract by giving notice of the cancellation to the athlete agent in a record within 14 days after the agency contract is signed.
(b) Any agreement that purports to waive or limit in any way the right of a student-athlete, or, if the student-athlete is a minor, the parent or guardian of the student-athlete, to cancel an agency contract pursuant to this section shall be deemed contrary to public policy and the agreement shall be void and unenforceable.
(c) If a student-athlete, parent or guardian cancels an agency contract, the student-athlete shall not be required to pay any consideration under such contract or return any consideration received from the athlete agent to induce the student-athlete to enter into such contract.
Section 7. Prohibited Conduct
(a) An athlete agent, with the intent to induce a student-athlete or, if the student-athlete is a minor, a parent or guardian of the student-athlete to enter into an agency contract, shall not:
(i) give any materially false or misleading information or make a materially false promise or representation; or
(ii) furnish anything of value to a student-athlete or any other individual before the student-athlete or, if the student-athlete is a minor, the parent or guardian of the student-athlete enters into the agency contract.
(b) An athlete agent shall not willfully:
(i) initiate contact, directly or indirectly, with a student-athlete or, if the student-athlete is a minor, a parent or guardian of the student-athlete to recruit or solicit the student-athlete, parent or guardian to enter an agency contract, prior to registering as an athlete agent pursuant to section 32 of chapter 9;
(ii) predate or postdate an agency contract; or
(iii) encourage another individual to do or assist another individual in doing any of the acts described in this subsection.
(c) Athlete agents representing student-athletes shall comply with the federal Sports Agent Responsibility and Trust Act, 15 U.S.C. §7801-7807, in their relationships with student-athletes.
Section 8. Penalties
(a) A student-athlete or, if the student-athlete is a minor, the parent or guardian of the student-athlete may bring an action for damages against an athlete agent if the student-athlete is adversely affected by an act or omission of the athlete agent in violation of this section. A student-athlete is adversely affected by an act or omission of the athlete agent only if, because of the act or omission, the individual who was a student-athlete at the time of the act or omission and was enrolled in an educational institution:
(i) is suspended or disqualified from participation in an interscholastic or intercollegiate sport by or under the rules of a state or national federation or association that promotes or regulates interscholastic sports or intercollegiate sports; or
(ii) suffers financial damage.
(b) A plaintiff that prevails in an action under this section may recover actual damages, reasonable attorneys’ fees and costs incurred in such action. An athlete agent found liable under this section forfeits any right of payment for anything of benefit or value provided to the student-athlete and shall refund any consideration paid to the athlete agent by or on behalf of the student-athlete.
SECTION 2. Chapter 9 of the General Laws is hereby amended by inserting after section 31 the following section:-
Section 32. Athlete Agent Registration
(a) For the purposes of this section the following terms shall, unless the context clearly requires otherwise, have the same meanings as such terms are defined in section 1 of chapter 78B of the General Laws: (i) “agency contract”; (ii) “athlete agent”; (iii) “college”; (iv) “educational institution”; (v) “endorsement contract”; (vi) “intercollegiate sport”; (vii) “interscholastic sport”; (viii) “licensed, registered or certified professional”; (ix) “name, image or likeness agreement”; (x) “person”; (xi) “professional-sports-services contract”; (xii) “record”; (xiii) “recruit or solicit”; (xiv) “registration”; (xv) “sign”; and (xvi) “student-athlete”.
(b) Except as otherwise provided in subsection (c), a person shall not act as an athlete agent in the commonwealth without holding a certificate of registration issued pursuant to this section.
(c) Before being issued a certificate of registration pursuant to this section, a person may act as an athlete agent in the commonwealth for all purposes except signing an agency contract, if: (i) a student-athlete or another person acting on behalf of the student-athlete initiates communication with such individual; and (ii) within 7 days after an initial act that requires an individual to register as an athlete agent, such individual submits an application for registration as an athlete agent under this section.
(d) An applicant for registration or renewal of registration shall submit an application therefor to the state secretary in such form as shall be prescribed by the state secretary. An application filed pursuant to this section shall be a public record pursuant to chapter 66. The application shall be in the name of an individual and signed by the applicant under penalty of perjury and shall include, but not be limited to, the following:
(i) the name of the applicant;
(ii) the applicant’s contact information, including, but not limited to: (1) the address of the applicant’s principal place of business; (2) the applicant's work and mobile telephone numbers; and (3) any means of communicating electronically with the applicant, including an electronic mail address and personal and business or employer websites;
(iii) the name of the applicant’s business or employer, if applicable;
(iv) any business or occupation engaged in by the applicant for the 5 years preceding the date of submission of the application, including any professional or occupational license, registration or certification held by the applicant during that time;
(v) a description of the applicant’s: (1) formal training as an athlete agent; (2) practical experience as an athlete agent; and (3) educational background relating to the applicant’s activities as an athlete agent;
(vi) the names and addresses of 3 individuals not related to the applicant who are willing to serve as references;
(vii) the name, intercollegiate sport or interscholastic sport and last-known team for each student-athlete for whom the applicant acted as an athlete agent during the 5 years preceding the date of submission of the application, and, if any such student-athlete is a minor, the name of the parent or guardian of the minor;
(viii) the names and addresses of all persons who are: (1) with respect to the athlete agent’s business if it is not a corporation, the partners, members, officers, managers, associates or profit-sharers having an interest of 5 percent or greater of the business; and (2) with respect to a corporation employing the athlete agent, the officers, directors and any shareholder of the corporation having an interest of 5 percent or greater;
(ix) whether the applicant or any person named pursuant to clause (viii) has been convicted of a crime that, if committed in this state, would be a crime involving moral turpitude or a felony, identifying such crime if applicable;
(x) whether there has been any administrative or judicial determination that the applicant or any person named pursuant to clause (viii) has made a false, misleading, deceptive or fraudulent representation;
(xi) any instance in which the conduct of the applicant or any person named pursuant to clause (viii) resulted in the imposition of a sanction, suspension or declaration of ineligibility to participate in an interscholastic sport or intercollegiate sport on a student-athlete or educational institution;
(xii) any sanction, suspension or disciplinary action taken against the applicant or any person named pursuant to clause (viii) by a governmental or quasi-governmental licensing entity or adjudicatory process arising out of occupational or professional conduct;
(xiii) whether there has been any denial of an application for, suspension or revocation of, or refusal to renew the registration or licensure of the applicant or any person named pursuant to clause (viii) as an athlete agent in any state;
(xiv) each state in which the applicant currently is registered as an athlete agent or has applied to be registered as an athlete agent; and
(xv) any additional information required by the state secretary.
(e) An individual who has submitted an application for, and holds a certificate of, registration or licensure as an athlete agent in another state, may submit in lieu of an application for registration or renewal in the form prescribed by the state secretary: (i) a copy of the application for registration or renewal in the other state; (ii) a statement that identifies any material change in the information on the application or verifies that there is no material change in the information, signed under penalty of perjury; and (iii) a copy of the certificate of registration from the other state.
The state secretary shall accept the application and the certificate from the other state as an application for registration or renewal in this commonwealth if:
(i) the application to the other state:
(1) was submitted in the other state within the 6 months preceding the submission of the application in this commonwealth and the applicant certifies that the information contained in the application is current or substantively corrected by the applicant’s statement identifying any material change in the information on the application;
(2) contains information substantially similar to or more comprehensive than that required in an application submitted in this commonwealth; and
(3) was signed by the applicant under penalty of perjury; and
(ii) the registration has not been revoked or suspended and no action involving the individual’s conduct as an athlete agent is pending against the individual or the individual’s registration in any state.
(f) For purposes of implementing this section, the state secretary may: (i) cooperate with national organizations concerned with athlete agent issues and agencies in other states which register athlete agents to develop a common registration form and determine which states have laws that are substantially similar to or more restrictive than this section; and (ii) exchange information, including information related to actions taken against registered athlete agents or their registrations, with those organizations and agencies.
(g) Except as otherwise provided in this section, the state secretary shall issue a certificate of registration to an individual who complies with the requirements of this section.
(h) The state secretary may refuse to issue a certificate of registration if the state secretary determines that the applicant has engaged in conduct that has an adverse effect on the applicant’s fitness to act as an athlete agent. In making the determination, the state secretary may consider whether the applicant has:
(i) been convicted of a crime that, if committed in this commonwealth, would be a crime involving moral turpitude or a felony;
(ii) made a materially false, misleading, deceptive or fraudulent representation in the application or as an athlete agent;
(iii) engaged in conduct that would disqualify the applicant from serving in a fiduciary capacity;
(iv) engaged in conduct prohibited by this section or section 7 of chapter 78B;
(v) had a registration or licensure as an athlete agent suspended, revoked or denied, or been refused renewal of registration or licensure as an athlete agent in any state;
(vi) engaged in conduct the consequence of which was that a sanction, suspension or declaration of ineligibility to participate in an interscholastic sport or intercollegiate sport was imposed on a student-athlete or educational institution; or
(vii) engaged in conduct that significantly adversely reflects on the applicant’s credibility, honesty or integrity.
(i) A certificate of registration or a renewal of a registration shall be valid for 2 years.
(j) The state secretary may suspend, revoke or refuse to renew a registration for conduct that would have justified denial of registration under this section.
(k) The state secretary may deny, suspend, revoke or refuse to renew a certificate of registration or licensure only after proper notice and an opportunity for a hearing as provided pursuant to chapter 30A.
(l) An application for registration or renewal of registration shall be accompanied by a fee to be determined by the commissioner of administration pursuant to section 3B of chapter 7.
(m) An athlete agent shall retain the following records for a period of 5 years and the records shall be open to inspection by the state secretary during normal business hours:
(i) the name and address of each student-athlete represented by the athlete agent and, if any such student-athlete is a minor, the name and address of a parent or guardian of the represented student-athlete;
(ii) any agency contract entered into by the athlete agent; and
(iii) any direct costs incurred by the athlete agent in the recruitment or solicitation of a student-athlete or, if the student-athlete is a minor, a parent or guardian of the student-athlete to enter into an agency contract.
(n) The state secretary may assess a civil penalty against an athlete agent not to exceed $50,000 for a violation of the registration provisions of this section.
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An Act supporting urgent community college equity through student services
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S826
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SD109
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{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-10T15:41:20.18'}
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[{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-10T15:41:20.18'}]
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By Ms. Gobi, a petition (accompanied by bill, Senate, No. 826) of Anne M. Gobi for legislation to support urgent community college equity through student services. Higher Education.
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SECTION 1 Chapter 15A of the Massachusetts General Laws is hereby amended by inserting the following new section: -
Section XX: It is hereby declared to be the policy of the commonwealth to support community college student success through wraparound supports and services to improve outcomes for students through a grant program to be known as the Supporting Urgent Community College Equity through Student Services program, hereinafter referred to as the SUCCESS program.
Subject to appropriation, the SUCCESS program shall provide grants to community colleges to provide wraparound supports and services to improve outcomes for the most vulnerable student populations including, but not limited to, low-income, first generation, minority, and disabled students and lesbian, gay, bisexual, transgender, queer, and questioning students.
In conjunction with the Massachusetts Association of Community Colleges, the department of higher education shall report to the joint committee on higher education and the house and senate committees on ways and means on the success of students supported by the fund, including any regulations, guidelines, or criteria used to distribute the funds, and on the final distribution of funds to campuses; and provided further, that funds appropriated for this item shall not revert but shall be made available for this item in future fiscal years.
SECTION 2. Chapter 29 of the General Laws is hereby amended by inserting after section 2CCCCC the following section: -
Section 2SSSSS. (a) There is hereby established and set up on the books of the Commonwealth a separate fund to be known as the Supporting Urgent Community College Equity through Student Services Trust Fund, hereinafter referred to as the SUCCESS Fund, to which shall be credited any appropriations, bond proceeds or other monies authorized by the general court and specifically designated to be credited thereto. Bunker Hill Community College, hereinafter referred to as the college, shall hold the SUCCESS Fund in an account or accounts separate from other funds or accounts; provided, that the SUCCESS Fund shall be administered by the Massachusetts Association of Community Colleges. Amounts credited to the fund shall be used by the college to carry out the purposes of the fund as set forth in this section. Any monies unexpended at the end of the fiscal year shall remain in the fund and may be expended by the college without further appropriation.
(b) The fund shall be used for wraparound support activities including, but not be limited to, peer mentors, academic skills workshops, field trips to 4-year schools, and targeted academic, career, transfer, and scholarship advising.
(c) The funds shall be disbursed based on a formula and criteria developed by the Massachusetts Association of Community Colleges in coordination with the Department of Higher Education.
(d) In conjunction with the Massachusetts Association of Community Colleges, the department of higher education shall report to the joint committee on higher education and the house and senate committees on ways and means on the success of students supported by the fund, including any regulations, guidelines, or criteria used to distribute the funds, and on the final distribution of funds to campuses.
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An Act relative to admissions requirements to institutions of higher education
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S827
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SD1613
| 193
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{'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-19T18:12:30.2'}
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[{'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-19T18:12:30.2'}, {'Id': 'AJS1', 'Name': 'Adam Scanlon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJS1', 'ResponseDate': '2023-01-19T18:13:07.7766667'}]
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By Mr. Gomez, a petition (accompanied by bill, Senate, No. 827) of Adam Gomez and Adam Scanlon for legislation relative to admissions requirements to institutions of higher education. Higher Education.
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Chapter 15A of the General Laws is hereby amended by striking out section 30, as appearing in the 2020 Official Edition, and inserting in place thereof the following section:-
Section 30. No applicant shall be required to take any standardized college entrance aptitude test to gain admittance to any undergraduate degree program at a public institution of higher education in the commonwealth, as defined in section 5; provided, that applicants may submit results from a standardized test for admissions purposes if they so choose.
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An Act relative to the rights of faculty members at the University of Massachusetts
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S828
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SD867
| 193
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{'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-11T12:01:41.39'}
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[{'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-11T12:01:41.39'}]
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By Ms. Jehlen, a petition (accompanied by bill, Senate, No. 828) of Patricia D. Jehlen for legislation relative to the rights of faculty members at the University of Massachusetts. Higher Education.
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Chapter 75 of the General Laws is hereby amended by striking out section 4 and inserting in place thereof the following section:-
Section 4. The trustees shall determine the time and place of their meeting. Nine members shall constitute a quorum. Meetings of the board of trustees shall be subject to the provisions of sections 11A and 11A½ of chapter 30A; provided, however, that in addition to the purposes set forth in said section 11A½, the trustees may hold an executive session to consider the award of honorary degrees. The trustees may further hold an executive session to consider the award of tenure to a member of the faculty, if the member who is being considered for tenure in such executive session has been notified in writing, by the trustees, at least 48 hours prior to the proposed executive session; provided, however, that notification may be waived upon agreement of the parties; and provided, further, that the trustees shall hold an open meeting if such member requests that the meeting be open. If an executive session is held, such member shall have the following rights: (a) to be present at such executive session during discussion or considerations which involve such member; (b) to have counsel or a representative of his own choosing present and attending for the purpose of advising such member and not for the purpose of active participation in said executive session; and (c) to speak on his own behalf.
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An Act establishing a behavioral health workforce center of excellence
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S829
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SD2099
| 193
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{'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-01-10T19:22:29.02'}
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[{'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-01-10T19:22:29.02'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-02T12:41:01.1133333'}, {'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-04-12T13:55:27.2866667'}]
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By Mr. Keenan, a petition (accompanied by bill, Senate, No. 829) of John F. Keenan and Michael O. Moore for legislation to establish a behavioral health workforce center of excellence. Higher Education.
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SECTION 1. Chapter 15A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after Section 45 the following section:-
Section 46. (a) There shall be a Behavioral Health Workforce Center of Excellence, herein the Center. The purpose of the Center shall be to gather data and research to advise policy leaders on how to address the crisis in the behavioral health workforce across the commonwealth. In consultation with public institutions of higher education, the commissioner shall establish the center at one of the public institutions of higher education in the commonwealth. The Center shall:
(i) Engage a diverse, cross-disciplinary group of stakeholders to address the needs of the behavioral health field by studying the current workforce landscape, mapping or building clear career ladders, and identifying and addressing training needs;
(ii) Annually inventory the professional licenses and certifications available for those who work in the mental health and addiction treatment field, including, but not limited to, the number of licensed and certified individuals in the commonwealth, the academic and supervisory requirements to achieve each certification, the scope of practice of each license, the academic programs available in the commonwealth and the cost of these programs;
(iii) Annually create demographic and geographic profiles of the current field of practitioners, examine ways to increase the diversity, equity and inclusion of the workforce and develop recommendations to increase the linguistic and cultural competency of practitioners;
(iv) Annually inventory the number of professional and paraprofessional practitioners delivering direct clinical or recovery services, including practitioner acceptance of insurance;
(v) Work with the advisory committee established in subsection (b) to annually inventory the workforce needs in the behavioral health system to establish the gaps that exist by professional license and certificate, and practice settings;
(vi) Inventory the number of individuals with professional licenses or certifications who no longer practice behavioral health in third-party reimbursable settings;
(vii) Examine any regulatory changes recommended by licensing and registration entities at the department of public health and offer public written assessments to these entities during the regulatory process that includes the effect of these requirements on the existing workforce and the future workforce pipeline;
(viii) Examine existing training funds across state and federal agencies, including, but not limited to, the executive office of labor and workforce development, the commonwealth corporation, the executive office of education, the executive office of health and human services and its constituent agencies, and make recommendations on ways to leverage funding and resources to focus on existing and needed training programs for the field;
(ix) Work with existing education and training programs on curriculum improvements focused on best practices in the current behavioral health landscape and coordinate these needs with state purchasing agencies to better align educational institutional with the needs in the field;
(x) Examine existing loan forgiveness opportunities for practitioners and make recommendations on ways to expand current recruitment and retention initiatives;
(xi) Create and fund technical assistance programming for value based purchasing and care preparation, and behavioral health and primary care integration; and
(xii) Examine other matters deemed appropriate by the Center.
(b) The center shall establish an advisory committee. The advisory committee shall: (I) be cochaired by a person appointed by the department of higher education and a person appointed by the Association for Behavioral Healthcare and, (ii) and have members selected by the commissioner, including, but not limited to, representation from each of the following entities: the executive office of health and human services, the executive office of labor and workforce development, the department of public health, the department of mental health, the Blue Cross and Blue Shield of Massachusetts, the Massachusetts Association of Health Plans, NAMI Massachusetts, the Massachusetts Organization for Addiction Recovery, the Parent Professional Advocacy League, the Massachusetts Association for Behavioral Health Systems, the Massachusetts Health & Hospital Association, the National Association of Social Workers-Massachusetts, the Massachusetts Psychological Association, the Massachusetts Mental Health Counselors Association and the Massachusetts Association for Mental Health. The advisory committee shall meet regularly, not less than four times annually, to discuss the state of the behavioral workforce in the commonwealth.
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An Act relative to rates for workers providing supports and services for individuals with disabilities
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S83
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SD2086
| 193
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{'Id': 'BRF0', 'Name': 'Barry R. Finegold', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BRF0', 'ResponseDate': '2023-01-20T11:23:22.633'}
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[{'Id': 'BRF0', 'Name': 'Barry R. Finegold', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BRF0', 'ResponseDate': '2023-01-20T11:23:22.6333333'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-23T15:31:56.2266667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-26T12:41:58.69'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-26T12:41:58.69'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-01-26T12:41:58.69'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-01-26T12:41:58.69'}, {'Id': 'RKK0', 'Name': 'Robyn K. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RKK0', 'ResponseDate': '2023-01-26T12:41:58.69'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-30T13:38:33.6833333'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-01-30T13:38:33.6833333'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-02-03T12:31:08.4766667'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-03T12:31:08.4766667'}, {'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-02-07T14:17:54.3866667'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-07T14:17:54.3866667'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-09T12:30:18.3833333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-13T17:04:48.93'}, {'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-02-22T16:50:25.0833333'}, {'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-02-24T10:39:30.3533333'}, {'Id': 'DAS1', 'Name': 'Danillo A. Sena', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAS1', 'ResponseDate': '2023-02-24T10:39:30.3533333'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-03-07T16:55:38.9966667'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-03-13T18:16:36.6466667'}, {'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-03-13T18:16:36.6466667'}, {'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-04-10T10:55:21.4733333'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-04-10T10:55:21.4733333'}, {'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-04-18T09:56:17.78'}, {'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-04-18T16:30:19.31'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-05-08T16:45:03.1966667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-05-09T16:35:00.76'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-13T10:08:58.1033333'}, {'Id': 'DTV1', 'Name': 'David T. Vieira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DTV1', 'ResponseDate': '2023-10-01T22:42:44.82'}]
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Bill
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By Mr. Finegold, a petition (accompanied by bill, Senate, No. 83) of Barry R. Finegold, Sean Garballey, Jack Patrick Lewis, Joanne M. Comerford and other members of the General Court for legislation relative to rates of payment for workers providing support and services for individuals with disabilities for the Department of Developmental Services. Children, Families and Persons with Disabilities.
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SECTION 1. Chapter 7 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by inserting after section 22O the following section:-
Section 22P. Department of Developmental Services Rates of Payment
(a) As used in this section the following words shall, unless the context clearly requires otherwise, have the following meanings:
"Department”, the department of developmental services.
“Direct care staff or direct support professional”, a worker classified by the commissioner of the department, secretary of the executive office of health and human services, assistant secretary of the executive office of health and human services or director of MassHealth who:
(i) meets any one or more of the following criteria:
(1) supports one or more individuals in a service setting; or
(2) does not have front line supervisor or management responsibilities; and
(ii) works at entry level and with minimal experience, employed in jobs which perform duties in disability systems of care including, but not limited to: (1) community-based day supports; (2) employment and residential support; (3) family support; (4) shared living; (5) supported living; (6) self-direction; (7) MassHealth day habilitation; or (8) any other purchase of services program or service at the department not limited to the titles of this definition.
“Other direct care staff or direct support professional”, a worker classified by the commissioner of the department, secretary of the executive office of health and human services, assistant secretary of the executive office of health and human services or director of MassHealth who:
(i) meets any one or more of the following criteria:
(1) supports one or more individuals in a service setting or supervises staff;
(2) has front line supervisor or management responsibilities; or
(3) has relevant experience or credentials such as a degree from an institution of higher education or certifications which reflect advanced training; and
(ii) is employed in a job which performs duties in disability systems of care including, but not limited to: (1) community-based day supports; (2) employment and residential support; (3) family support; (4) shared living; (5) supported living; (6) self-direction; (7) MassHealth day habilitation; or (8) any other purchase of services program or service at the department not limited to the titles of this definition.
(b) When establishing rates of payment through chapter 257 of the acts of 2008 for department programs and contracts, the secretary of the executive office of health and human services shall require that:
(i) the salary allowance for a direct care staff or direct support professional shall be consistent with the bureau of labor statistics at a minimum of the 75th percentile of positions in the commonwealth which have job codes of similar responsibilities;
(ii) the salary increases determined for front-line supervisors, directors, clinicians, caseworkers, employment specialists, case managers, and other direct care staff or direct support professionals shall increase in proportion with the increases described in clause (i) of this subsection;
(iii) said salary increases shall not be incorporated for those in the following positions: (1) chief executive officer; (2) chief financial officer; (3) comptroller; (4) chief operating officer; or (5) related executive staff;
(iv) the formula for determining the reimbursement in calculating the employer’s portion of fringe benefits and payroll taxes including, but not limited to, those pursuant to the federal Insurance Contributions Act as defined in 26 U.S.C. section 21, Medicare, workers’ compensation, employer-provided health insurance, unemployment insurance, retirement contribution, or paid family medical leave pursuant to chapter 175M shall be benchmarked to changes in the same costs in the health or education sector, as applicable; provided, however, that said allowance shall be separate from an allocation dedicated to costs associated with employer mandates for services promulgated by the commonwealth, which include, but are not limited to, employee fingerprinting and required registries.
SECTION 2. Section 22N of chapter 7 of the General Laws, as so appearing, is hereby amended in the last paragraph by inserting after the second appearance of the words “governmental units” the following:-
; a provision requiring that in contracts between providers and the commonwealth, the payment of rates pursuant to section 13C of chapter 118 shall not result in the reduction, deferment or non-payment of any other costs associated with the performance of said contracts
SECTION 3. Section 13D of chapter 118E of the General Laws, as so appearing, is hereby amended by inserting at the end of the first paragraph the following words:-
; provided, further, that ratemaking duties with regard to reimbursement rates to day habilitation programs shall be conducted pursuant to section 13D½ of this chapter.
SECTION 4. Chapter 118E of the General Laws, as so appearing, is hereby amended by inserting after section 13D the following section:-
Section 13D½. MassHealth Rates of Payment for Day Habilitation Programs
(a) As used in this section the following words shall, unless the context clearly requires otherwise, have the same meanings as such terms are defined in section 22P of chapter 7 of the General Laws: (i) “direct care staff or direct support professional”; and (ii) “other direct care staff or direct support professional”.
(b) When establishing rates of payment for day habilitation training, care, support, habilitative or rehabilitative care under MassHealth Long Term Supports and Services reimbursable under Title XIX of the 42 U.S.C. section 1396–1, as amended from time to time, which provide supports and services to individuals, the secretary of the executive office of health and human services shall promulgate regulations to require that:
(i) the salary allowance for a direct care staff or direct support professional shall be consistent with the bureau of labor statistics at a minimum of the 75th percentile of positions in the commonwealth which have job codes of similar responsibilities;
(ii) the salary increases determined for front-line supervisors, directors, clinicians, case managers, and other direct care staff or direct support professionals shall increase in proportion with the increases aforementioned in clause (i) of this subsection;
(iii) the aforementioned salary increases shall not be incorporated for those in the following positions: (1) chief executive officer; (2) chief financial officer; (3) comptroller; (4) chief operating officer; or (5) related executive staff;
(iv) the formula for determining the reimbursement of calculating the employer’s portion of fringe benefits and payroll taxes including, but not limited to, those pursuant to the federal Insurance Contributions Act as defined in 26 U.S.C. section 21, Medicare, workers’ compensation, employer-provided health insurance, unemployment insurance, retirement contribution, and paid family medical leave pursuant to chapter 175M shall be benchmarked to changes in the same costs in the health or education sector, as applicable; provided, however, that said allowance shall be separate from an allocation dedicated to costs associated with employer mandates for services promulgated by the commonwealth, which include, but are not limited to, employee fingerprinting and required registries.
SECTION 5. Notwithstanding the provisions of any general or special law to the contrary, compliance with the provisions set forth in this act shall not result in a reduction, deferment or non-payment of any other costs associated with social service programs or long-term services and supports programs in the Commonwealth.
SECTION 6. The executive office of health and human services shall condition the expenditure of appropriation upon assurances that the funds shall be used solely for the purposes of adjustments as stated in sections 2(b) and 4(b) of this act.
SECTION 7. Sections 1 through 4 shall take effect 12 months after the passage of this act.
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An Act protecting students and increasing accountability at Massachusetts colleges and universities
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S830
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SD1277
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{'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-01-12T10:32:39.397'}
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[{'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-01-12T10:32:39.3966667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S830/DocumentHistoryActions
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Bill
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By Mr. Kennedy, a petition (accompanied by bill, Senate, No. 830) of Edward J. Kennedy for legislation to reform institutional eligibility requirements for state-based financial aid. Higher Education.
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Section 16 of Chapter 15A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding at the end thereof the following paragraph:-
No state scholarship funds under this section, any other section of this chapter, or other state student financial aid however provided, shall be made available to, or on behalf, of any student enrolled in any postsecondary educational institution which the board of Higher Education determines does not meet the requirements of this paragraph. To meet the requirements of this paragraph, a postsecondary educational institution shall demonstrate to the board that it has: (i) graduation rates of not less than 30 per cent for undergraduate students taking 150 per cent or less of the expected time to complete degree requirements, as most recently reported by the U.S. Department of Higher Education, provided, that graduation rates shall include students who transfer; or (ii) an average 3 year cohort default rate that is not more than 20 per cent, as most recently reported by the U.S. Department of Education. The board of Higher Education shall promulgate rules and regulations to implement this paragraph including, but not limited to, procedures and processes for annually determining which postsecondary educational institutions meet the requirements of this paragraph, and a process for an institution to appeal a determination that they do not meet the necessary requirements. The board of higher education shall annually post a list of institutions that meet the requirements of this paragraph on the Department of Higher Education’s website.
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An Act investing in public higher education
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S831
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SD1278
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{'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-01-12T10:32:59.447'}
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[{'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-01-12T10:32:59.4466667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S831/DocumentHistoryActions
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Bill
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By Mr. Kennedy, a petition (accompanied by bill, Senate, No. 831) of Edward J. Kennedy for legislation to invest in public higher education. Higher Education.
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Section 2 (e) of Chapter 32A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended in line 117 by inserting after the word “hours” the following: - “; or a faculty member who teaches the equivalent of at least two three or more- credit courses per semester, or four three or more- credit courses per calendar year at one or more of the public institutions of higher education in the state, as set forth in Section 5 of Chapter 15A, including a division of continuing education, regardless of funding source, including but not limited to subsidiary account CC, and regardless of the term of employment or participation or membership in a retirement system or plan; provided, that the commonwealth, not the public higher education institutions, shall bear the cost.”
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An Act relative to the endowment match program
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S832
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SD1548
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{'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-01-19T16:47:23.99'}
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[{'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-01-19T16:47:23.99'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S832/DocumentHistoryActions
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Bill
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By Mr. Kennedy, a petition (accompanied by bill, Senate, No. 832) of Edward J. Kennedy for legislation relative to the endowment match program. Higher Education.
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Section 15E of chapter 15A of the General Laws, as appearing in the 2020 official edition, is hereby amended by removing the words “subject to appropriation” in lines 8 and 12 and by inserting at the end thereof the following paragraph:-
"Not less than $20,000,000 shall be expended for the purposes of continuing the implementation of section 15E of chapter 15A of the General Laws to encourage private fundraising by the Commonwealth’s public institutions of higher education for the endowment and capital outlay programs of those institutions; provided further, that the board of higher education shall implement this program in a manner which ensures that each institution shall have an opportunity to secure matching funds from this item; provided further, that $10,000,000 shall be allocated to the University of Massachusetts; provided further, that $5,000,000 shall be allocated to state universities; provided further, that $5,000,000 shall be allocated to community colleges; provided further, that if any funds allocated herein for disbursement to community colleges shall be unused, the remaining funds shall be made available to the state universities; provided further, that if any funds allocated herein for disbursement to state universities shall be unused, the remaining funds shall be made available to the University of Massachusetts;".
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An Act to require disclosure of conflicts of interests in academic institutions
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S833
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SD940
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{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-11T13:38:59.473'}
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[{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-11T13:38:59.4733333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S833/DocumentHistoryActions
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Bill
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By Mr. Lewis, a petition (accompanied by bill, Senate, No. 833) of Jason M. Lewis for legislation to require disclosure of conflicts of interests in academic institutions. Higher Education.
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SECTION 1. Chapter 69 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 30A the following section:-
30B. (a) As used in this section, the following words shall have the following meanings:-
“Institution” any institution within the public system of higher education as set forth in section 5 of chapter 15A or any independent institution of higher education.
(b) The board of higher education shall require each institution to maintain a written conflict-of-interest policy that is designed to eliminate or minimize potential conflicts of interest that may arise for any faculty or staff member that in the course of his or her academic work, or as a result of his or her specific academic expertise, develops a financial relationship with any entity other than his or her primary employer or a government agency. This policy shall be made available online for public review.
(c) Said board shall require any faculty or staff member of an institution who has a financial relationship with any entity other than his or her primary employer or a government agency to disclose this relationship publicly. This information shall be made available online for public review. A financial relationship includes anything of material monetary value received, including a salary, consulting fee, honorarium or other payment for service; equity interests, including stocks, stock options or other ownership interests; and intellectual property rights, including patent rights owned by the investigator or on which a clinical investigator is a named inventor (whether licensed or not), copyrights and royalties.
(d) Said board shall collaborate with the state ethics commission to issue guidelines that assist institutions in developing conflict-of-interest policies and in complying with this section. Such guidelines shall take into consideration existing conflict of interest policies that may already have been adopted by some institutions in the Commonwealth and shall seek to identify best practices in minimizing conflicts of interest that may arise in institutions.
SECTION 2. The board of higher education shall issue the guidelines required pursuant to subsection (d) of section 30B of chapter 69 of the General Laws no later than 270 days after passage of this act.
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An Act to increase access to higher education for disadvantaged students
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S834
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SD990
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{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-11T15:35:42.603'}
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[{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-11T15:35:42.6033333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S834/DocumentHistoryActions
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Bill
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By Mr. Lewis, a petition (accompanied by bill, Senate, No. 834) of Jason M. Lewis for legislation to increase access to higher education for disadvantaged students. Higher Education.
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SECTION 1. (a) As of October 1, 2026, institutions of higher education in the Commonwealth shall not use standardized test scores for purposes of determining student admission to undergraduate or graduate degree programs.
(b) Subsection (a) shall not apply to examinations required for determining licensure, certification or any profession where an examination is required by a national accreditation organization.
SECTION 2. (a) The commissioner of the department of higher education shall convene a working group with representatives from both public and private institutions of higher education in the Commonwealth to develop, support and promote alternative methods for determining student admission to undergraduate and graduate degree programs that better promote equity and opportunity for students from all backgrounds, especially students of color and those from other disadvantaged backgrounds.
(b) Annually, not later than December 31, the commissioner shall submit a report detailing their progress and indicating any barriers to the clerks of the house of representatives and the senate and the chairs of the joint committee on higher education.
SECTION 3. section 2 of this act is hereby amended by striking subsection (b)
SECTION 4. Section 3 of this act shall take effect on January 1, 2027.
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An Act establishing the Massachusetts Hunger-Free Campus Initiative
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S835
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SD691
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{'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-01-17T18:04:21.91'}
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[{'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-01-17T18:04:21.91'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-26T14:50:20.9266667'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-26T14:50:01.3933333'}, {'Id': 'RKK0', 'Name': 'Robyn K. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RKK0', 'ResponseDate': '2023-01-30T10:57:44.7833333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-08T11:54:39.47'}, {'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-02-08T11:54:39.47'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-02-08T11:54:39.47'}, {'Id': 'S_G2', 'Name': 'Steven Ultrino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G2', 'ResponseDate': '2023-02-08T11:54:39.47'}, {'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-02-08T11:54:39.47'}, {'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-02-08T11:54:39.47'}, {'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-02-21T14:20:56.9966667'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-21T14:18:32.3766667'}, {'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-03-23T09:31:34.53'}, {'Id': 'DAS1', 'Name': 'Danillo A. Sena', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAS1', 'ResponseDate': '2023-03-23T09:31:34.53'}, {'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-03-23T09:31:34.53'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-03-23T09:31:34.53'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-03-23T09:31:34.53'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-03-23T09:31:34.53'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-03-23T09:30:42.78'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-04-03T11:51:20.6066667'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-04-03T11:51:20.6066667'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-04-10T13:36:07.5433333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-11T11:18:41.0666667'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-07-24T09:00:22.1766667'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-09-22T12:59:48.9433333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S835/DocumentHistoryActions
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Bill
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By Ms. Lovely, a petition (accompanied by bill, Senate, No. 835) of Joan B. Lovely, Michael O. Moore, Sal N. DiDomenico, Robyn K. Kennedy and other members of the General Court for legislation to establish the Massachusetts Hunger-Free Campus Initiative. Higher Education.
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SECTION 1. Chapter 15A of the General Laws is hereby amended by adding the following section:-
Section 46. (a) Subject to appropriation, there shall be a hunger-free campus grant program managed by the department to provide grants to institutions of public higher education to address student food insecurity and hunger in order to support students in completion of their career and technical education at the post-secondary level with the goal of enhancing the workforce of the commonwealth. This grant program shall also be available to municipally administered colleges and to minority serving institutions as defined under 20 U.S.C. 1067k (3) as determined by the United States Department of Education. Using funding allocated under the grant program, the department is authorized to hire a director of the program who shall report to the commissioner. The director shall develop guidelines and procedures governing the grant making process and the program using available data pertaining to student hunger. The director may also conduct any additional surveys the department deems necessary to understand gaps in addressing student food insecurity and hunger eligible higher education campuses across the commonwealth. The guidelines and procedures that govern the program shall specify any requirements applicable to eligible institutions of higher education including, but not limited to: (i) whether the institution has designated campus staff to interface with the department; (ii) the existence and extent of any campus-level hunger awareness programs, including notification to students of their rights to participate in federal and state food assistance programs; (iii) whether the institution has established on-campus meal vendors to accept available federal and state nutrition benefits; (iv) the existence or development of a student meal credit sharing program; (v) income based standards by which grant levels are determined according to the student population at each participating campus; and (vi) any other pertinent criteria as developed by the department. The department shall further develop and deliver technical assistance to assist eligible institutions of higher education to meet the goals of this program.
(b) Subject to appropriation, the department shall award grants to institutions that have met the guidelines and procedures established by the department. Upon recommendation by the director of the program, the commissioner or a designee shall determine the amount of each grant which shall be used by the institution to address food insecurity among its students in accordance with the program and shall establish reporting guidelines for grant recipients.
(c) Annually, not later than July 1, the department shall submit a report on the hunger-free campus grant program for the preceding fiscal year to the governor, the clerks of the senate and house of representatives and the joint committee on higher education. The report shall include the number and amounts of grants to eligible institutions well as a comprehensive assessment of the program for the applicable year, including: (i) identifying the institutions participating in the program; (ii) describing the activities of participating campuses; (iii) the level of student engagement in activities; and (iv) the outcomes resulting from activities.
(d) There shall be established and set up on the books of the commonwealth a separate fund to be known as the Hunger-Free Campus Trust Fund administered by the commissioner of higher education. The fund shall be credited with: (i) revenue from appropriations or other money authorized by the general court and specifically designated to be credited to the fund; (ii) interest earned on such revenues; and (iii) funds from public and private sources such as gifts, grants and donations. Amounts credited to the fund shall not be subject to further appropriation and any money remaining in the fund at the end of a fiscal year shall not revert to the General Fund. Amounts credited to the fund shall be used to fund grants made pursuant to the program, and for the cost of administration of such program by the department of higher education.
(e) Annually, not later than October 1, the commissioner shall report to the clerks of the senate and house of representatives, the joint committee on higher education and the house and senate committees on ways and means on the fund's activity including: (i) the source and amount of funds received; (ii) the amounts distributed and the purpose of expenditures from the fund; (iii) any grants provided to institutions of higher education and other stakeholder organizations; and (iv) anticipated revenue and expenditure projections for the next year.
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An Act providing access to higher education for high school graduates in the Commonwealth
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S836
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SD751
| 193
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{'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-18T10:59:09.19'}
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[{'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-18T10:59:09.19'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-08T13:42:28.2533333'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-02-08T13:42:28.2533333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-21T15:13:01.9433333'}, {'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-03-02T10:06:54.4933333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-06T09:51:13.2266667'}]
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Bill
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By Ms. Miranda, a petition (accompanied by bill, Senate, No. 836) of Liz Miranda, Jack Patrick Lewis, Jacob R. Oliveira, James B. Eldridge and others for legislation to provide access to higher education opportunities for high school graduates in the Commonwealth. Higher Education.
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SECTION 1. Section 9 of chapter 15A of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by adding at the end thereof the following paragraph:-
"Notwithstanding any general or special law to the contrary, for the purpose of determining eligibility for in-state tuition rates and fees and for state-funded financial assistance at public institutions of higher education, except the University of Massachusetts Medical School and the University of Massachusetts School of Law, any person admitted to such public institutions of higher education, other than a nonimmigrant alien within the meaning of paragraph 15 of subsection (a)(A) through (S) of 8 U.S.C., section 1101 of the federal act, who has attended high school in the commonwealth for 3 or more years and has graduated from a high school in the commonwealth or attained the equivalent thereof in the commonwealth, shall be eligible to pay in-state tuition rates and fees, and shall be eligible on the same terms as other persons for state-funded financial assistance, at the University of Massachusetts, or any other state university or state college or community college in the commonwealth; provided, however, that any person who is eligible for the military selective service under the federal Military Selective Service Act, as amended by 50 U.S.C.,14 App. 453, section 3, shall register for such. No person qualified for in-state tuition rates and fees under this chapter shall be denied in-state tuition and fees as a result of the granting of eligibility under this paragraph. An eligible person shall provide the University of Massachusetts, or any other state university or state college or community college in the commonwealth with (i) a valid social security number or a document reflecting issuance of an individual taxpayer identification number (ITIN) in lieu of a social security number; (ii) if that person is not a citizen of the United States or a legal permanent resident of the United States, an affidavit signed under the pains and penalties of perjury stating that the person has applied for citizenship or legal permanent residence or will apply for citizenship or legal permanent residence in accordance with federal statute and federal regulations within 120 days of eligibility for such status and (iii) documentation of registration with the selective service, if applicable. The Legislature finds that this is a state law within the meaning of 8 U.S.C. 1621(d). "
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[{'Description': '836 -- Cambridge', 'DownloadUrl': 'http://malegislature.gov/api/DownloadReport?attachmentId=16469&title=836%20--%20Cambridge'}]
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An Act to establish the Bridge the Gap Scholarship to universalize access to community colleges
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S837
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SD2165
| 193
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{'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-01-11T14:05:33.18'}
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[{'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-01-11T14:05:33.18'}]
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Bill
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By Mr. Montigny, a petition (accompanied by bill, Senate, No. 837) of Mark C. Montigny for legislation to establish the Bridge the Gap Scholarship to universalize access to community colleges. Higher Education.
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SECTION 1 . Section 16 of chapter 15A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the eleventh paragraph in that section, the following:-
There shall be a Bridge the Gap Scholarship Program to provide universal access for residents of the commonwealth to public higher education through accredited degree programs offered at community college institutions under section 5 of this chapter. Such assistance shall apply only after all other federal and state financial assistance has been exhausted. To be eligible, students must have obtained a high school diploma, or its equivalent, from an institution within the commonwealth within the preceding two years, maintain a cumulative 2.5 grade point average during their course of study, complete their course of study within three years, and agree to reside and work within the commonwealth for at least two years after graduation of such course of study or further degree program within the commonwealth. If a student does not fulfill the above requirements, the scholarship will be converted into a low interest loan to be determined and administered by the department of higher education and Massachusetts Educational Financing Authority, established pursuant to section four of chapter fifteen C, with exemptions for financial hardship.
Each community college shall annually consult with their board of trustees, local workforce developments boards, and employers to identify current and future workforce needs within such region. Upon identifying such workforce needs, each college shall certify up to five programs eligible to qualify under the Bridge the Gap Scholarship Program to promote universal access to higher education and workforce readiness. Each college shall annually file with the department of higher education those programs certified to receive the Bridge the Gap Scholarship.
SECTION 2. The department of higher education may promulgate regulations to implement this act.
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An Act relative to advanced placement examinations
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S838
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SD1522
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{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-19T14:59:32.567'}
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[{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-19T14:59:32.5666667'}, {'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-02-13T16:21:58.65'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-02-13T16:21:58.65'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-22T11:42:00.4766667'}, {'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-03-02T13:41:05.5733333'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-03-02T13:41:05.5733333'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-03-22T16:42:21.88'}, {'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-03-30T10:32:50.59'}, {'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-04-12T13:39:56.0133333'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-05-01T14:37:28.9233333'}, {'Id': 'AXV1', 'Name': 'Andres X. Vargas', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AXV1', 'ResponseDate': '2023-05-08T15:39:08.4333333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-12T16:44:03.7533333'}]
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Bill
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By Mr. Moore, a petition (accompanied by bill, Senate, No. 838) of Michael O. Moore, John J. Cronin, James K. Hawkins, James B. Eldridge and other members of the General Court for legislation relative to advance placement examinations. Higher Education.
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SECTION 1. Chapter 15A of the General Laws, as appearing in the 2020 Official Edition is hereby amended by inserting after section 39 the following section:-
Section 39A. (a) All public institutions of higher education, as set forth in section 5, shall develop and adopt written policies and procedures to accept a score of three, four, and five on all advanced placement examinations to satisfy degree requirements. The policies shall indicate whether the credit shall be granted for general education, major, or elective requirements at the institution, and shall include procedures related to the transferability of these credits to another institution of higher education. An institution may not require an exam score of more than three unless the chief academic officer provides evidence that the higher score is necessary for a student to be successful in a related or more advanced course for which the lower-division course is a prerequisite. The department of higher education shall provide guidance on what constitutes as evidence for an institution to require an examination score of more than three.
(b) All policies and procedures governing the award of credit shall be posted on the institution’s website under the category of admission, which the institution shall update as necessary to reflect any changes in policies and procedures. In addition, each institution shall submit its policies and procedures, or any changes thereto, to the department of higher education who shall post each institution’s policies and procedures, or changes thereto, on the department’s website.
(c) The board of higher education, and in the case of the University of Massachusetts, in cooperation with the board of trustees of the University of Massachusetts, shall annually review the advanced placement examination score course granting policies of each institution of higher education and any evidence supporting policies requiring scores above 3 in accordance with the requirements of this section, and report its findings, evidence supporting scores above 3, and any recommendations with the clerks of the senate and the house of representatives, and the chairs of the joint committee on higher education not later than July 1. Each institution of higher education shall provide the board of higher education, and in the case of the University of Massachusetts, its board of trustees, with all necessary data, in accordance with the federal Family Educational Rights and Privacy Act of 1974, to conduct the analysis.
SECTION 2. The first annual report required by subsection (c) of section 39A of chapter 15A of the General Laws shall be published not later than July 1, 2023.
SECTION 3. Section 1 shall take effect no later than 3 months after the effective date of this act.
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An Act assisting low-income students success through work-study
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S839
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SD1849
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{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-18T11:32:00.553'}
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[{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-18T11:32:00.5533333'}, {'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-06-08T11:52:33.49'}]
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Bill
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By Mr. Moore, a petition (accompanied by bill, Senate, No. 839) of Michael O. Moore for legislation to assist low-income students success through work-study. Higher Education.
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SECTION 1. To provide for the cost of creating a career pathways work-study trust fund and community college staff positions for the purposes of supporting the work of the trust fund established in section 5. The sums set forth in section 2 are hereby appropriated subject to the laws regulating the disbursement of public funds for the fiscal year ending June 30, 2022. These sums shall be in addition to any amounts previously appropriated and made available for the purposes of those items. These sums shall be made available until June 30, 2023.
SECTION 2. Chapter 15A of the General Laws is hereby amended by inserting after section 22A the following section: -
Section 22B. (a) Subject to appropriation, Bunker Hill Community College shall support education opportunity coordinator positions, through its entity, the Massachusetts Association of Community Colleges. The coordinators shall work with low-income students, including recipients of cash assistance through transitional aid to families with dependent children, who enroll in community colleges across the state for the purpose of earning a certificate or two-year degree. Each community college shall have at least 1 on-campus coordinator. Coordinators shall provide focused assistance to recipients, including but not limited to developing career plans, identifying a program of study, accessing financial aid and work study, and helping obtain other supports such as childcare and transportation assistance. The coordinators shall work with recipients, community colleges, and case managers at the department of transitional assistance and other state agencies. Bunker Hill Community College, through its entity, the Massachusetts Association of Community Colleges, shall enter into a memorandum of understanding with the community colleges to ensure coordinators execute the duties of this paragraph.
(b) Bunker Hill Community College, through its entity, the Massachusetts Association of Community Colleges, in collaboration with relevant state agencies, shall annually file a report with the chairs of the joint committee on higher education, the joint committee on children, families, and persons with disabilities, and the house and senate committees on ways and means that shall include, but not be limited to:- (1) information regarding the efficacy of community college placements in developing careers for recipients of cash assistance; (2) the number of recipients enrolled in certificate or two-year degree programs at community colleges; (3) the number of recipients enrolled in a certificate or two-year degree program receiving grants under the Massachusetts Community College Career Pathways Trust Fund established in section 2DDDDD of chapter 29; (4) student success rates of recipients enrolled in a certificate or two-year degree program; (5) employment rates of former recipients 6 months after completing a degree or certificate program; and (6) employment rates of former recipients 1 year after completing a degree or certificate program. No personal identifying information shall be used in the report. The first report shall be filed on or before August 1 two years after said Massachusetts Community College Career Pathways Trust Fund is established and annually, on or before August 1, after that.
SECTION 4. Paragraph (B) of section 2 of chapter 18 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by adding the following clause: -
(t) take all necessary actions, including connecting individuals with education opportunity coordinators established in section 22B of chapter 15A, to ensure that individuals receiving cash assistance through transitional aid to families with dependent children may engage in community college programs where assessment shows their chances of achieving long-term careers will improve.
SECTION 5. Chapter 29 of the General Laws is hereby amended by inserting after section 2QQQQQ the following section: -
2RRRRR. (a) There is hereby established and set up on the books of the commonwealth a separate fund to be known as the Massachusetts Community College Career Pathways Trust Fund, hereinafter referred to as the fund, to which shall be credited any appropriations, bond proceeds or other monies authorized by the general court and specifically designated to be credited thereto. Bunker Hill Community College, hereinafter referred to as the college, shall hold the fund in an account or accounts separate from other funds or accounts; provided, that the fund shall be administered by the Massachusetts Association of Community Colleges. Amounts credited to the fund shall be used by the college to carry out the purposes of the fund as set forth in this section. Any monies unexpended at the end of the fiscal year shall remain in the fund and may be expended by the college without further appropriation.
(b) The fund shall be used to provide and fund state work-study employment opportunities for eligible low-income students enrolled in a certificate or two-year associate degree program at any community college. Preference shall be given to recipients of cash assistance through transitional aid to families with dependent children.
(c) Funds expended shall, to the greatest extent feasible, be for jobs at: (1) the community college; (2) an off-campus placement that provides career development opportunities that are related to the student’s course of study; or (3) an off-campus community service placement as defined in subsection (e).
(d) The share from funds distributed shall not exceed 80 percent of the total compensation paid to students, with the exception of jobs at the community college the student attends, or that provide career development opportunities related to the student’s course of study. Employers shall pay the costs of any employee benefits, including all payments due as an employer's contribution under the state workman's compensation laws, federal Social Security laws, and other applicable laws. The federal work-study program shall not be used to provide the employer’s share of student compensation.
(e) An off-campus community service placement shall include direct service planning, career development or applied research that is designed to improve the quality of life for residents of the community served, particularly low-income residents, in such fields as health care, child care, education, literacy training, welfare, social services, public safety, crime prevention and control, transportation, recreation, housing and neighborhood improvement, rural development, and community improvement. Placements shall be identified by the Massachusetts Association of Community Colleges through formal or informal consultation with local nonprofit, governmental, and community-based organizations.
The placement shall not be at an organization for whom a substantial portion of its mission is political activities, including but not limited to electing candidates, influencing ballot questions, and raising money for political campaigns.
(f) Students shall be paid the rate of pay as compared to entry-level salaries and wages provided other employees engaged in similar work, provided total applicant resources shall be considered to ensure to the maximum extent feasible that students may remain qualified for other federal and state public assistance programs. The office may make reasonable adjustments to salaries and wages to maximize a student’s participation in other federal and state public assistance programs.
(g) Funds shall not be expended under the program to compensate students for hours worked in excess of an average of 15 hours per week over the period of enrollment or 40 hours per week during vacation period. A student shall not be concurrently employed in the same position by the fund and the federal work-study program and exceed the 15 hours per week average.
(h) Students may receive academic credit for work experience gained through fund jobs.
(i) Monies received from the Massachusetts Community College Career Pathways Trust Fund established in section 2DDDDD of chapter 29 of the General Laws shall not count against a recipient’s income, assets, or any other eligibility standard in qualifying for cash assistance benefits.
(j) The college and the department of higher education, hereinafter referred to as the department, shall enter a memorandum of understanding to ensure that funds are properly expended and disbursed. The college shall enter into agreements with employers, community colleges, the department of transitional assistance, and others for the operation of the fund. These agreements shall include such provisions as the office may deem necessary or appropriate to carry out the purposes of this section. These agreements shall be made available to the department upon request.
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An Act relative to a livable wage for human services workers
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S84
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SD1120
| 193
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{'Id': 'CFF0', 'Name': 'Cindy F. Friedman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CFF0', 'ResponseDate': '2023-01-15T15:17:30.777'}
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[{'Id': 'CFF0', 'Name': 'Cindy F. Friedman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CFF0', 'ResponseDate': '2023-01-15T15:17:30.79'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-24T09:49:09.3933333'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-01-26T11:34:19.61'}, {'Id': 'RKK0', 'Name': 'Robyn K. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RKK0', 'ResponseDate': '2023-01-26T11:34:00.6766667'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-01-26T14:22:07.76'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-26T16:01:04.1233333'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-01-26T16:00:58.42'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-01-27T09:40:56.6066667'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-27T09:40:41.8466667'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-02-01T14:48:31.1766667'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-02T13:36:39.3966667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-06T13:59:41.5333333'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-07T11:31:47.1366667'}, {'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-02-07T13:53:17.28'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-15T14:54:15.9733333'}, {'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-02-21T15:54:23.2866667'}, {'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-02-28T16:40:37.6'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-03-02T12:02:51.1333333'}, {'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-03-13T13:39:51.8'}, {'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-03-13T17:28:41.3766667'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-03-22T14:38:43.46'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-05-12T10:31:15.7533333'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-05-22T09:15:06.87'}]
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Bill
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By Ms. Friedman, a petition (accompanied by bill, Senate, No. 84) of Cindy F. Friedman, Rebecca L. Rausch, Robyn K. Kennedy, Angelo J. Puppolo, Jr. and other members of the General Court for legislation relative to a livable wage for human services workers. Children, Families and Persons with Disabilities.
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SECTION 1. Chapter 6A of the General Laws is hereby amended by adding the following section:-
Section 105. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:
“Human service provider,” a community-based human services organization with a human services program funded by the executive office of health and human services, the executive office of elder affairs or the department of housing and community development.
“Human services worker,” an employee of a human service provider who provides treatment, support or services to clients or their families.
“Disparity amount,” the monetary calculation of the average difference in salary between human services workers and direct care workers, nurses, clinicians or other comparable employees employed by the commonwealth’s state-operated programs for human services.
“Rate,” the reimbursement rate paid by the executive office of health and human services, the executive office of elder affairs, the department of housing and community development or the department of early education and care to a human service provider to deliver services to clients on the commonwealth’s behalf.
(b) Notwithstanding any general or special law to the contrary, the executive office of health and human services, the executive office of elder affairs and the department of housing and community development shall increase the rate of reimbursement for human services providers by an amount that reduces the disparity amount, as defined by subsection (a), to:
(1) 50 percent on or before July 1, 2024;
(2) 30 percent on or before July 1, 2025;
(3) 10 percent on or before July 1, 2026;
(4) Zero percent on or before July 1, 2027, and shall remain at 0 percent thereafter.
(c) All increases in the rate of reimbursement provided for in this section shall be used to increase the compensation of human services workers.
(d) The executive office of health and human services, the executive office of administration and finance, the executive office of elder affairs and the department of housing and community development shall adopt regulations to implement this section.
(e) Nothing in this section shall be construed to prohibit the elimination of the disparity amount prior to July 1, 2027.
SECTION 2. On or before January 1, 2024, the executive office of health and human services in conjunction with, the executive office of administration and finance, the executive office of elder affairs and the department of housing and community development, in collaboration with the Massachusetts Council of Human Service Providers, Inc., shall provide a report to the senate and house committees on ways and means that includes recommendations to strengthen recruitment and retention of human services workers, as defined in subsection (a) of section 105 of chapter 6A of the General Laws.
SECTION 3. On or before July 1, 2024 and annually thereafter until the disparity amount is eliminated for human services workers, the executive office of health and human services, the executive office of elder affairs and the department of housing and community development, in collaboration with the Massachusetts Council of Human Service Providers, Inc., shall provide a report to the senate and house committees on ways and means, the joint committee on children, families and persons with disabilities, the joint committee on elder affairs, the joint committee on health care financing, the joint committee on mental health, substance use, and recovery, the joint committee on public health, and the joint committee on state administration and regulatory oversight that includes the following information:
(1) the current disparity amount, as defined in subsection (a) of section 105 of chapter 6A of the General Laws, between the salaries of human services workers, as defined in subsection (a) of section 105 of chapter 6A of the General Laws, employed by human service providers, as defined in subsection (a) of section 105 of chapter 6A of the General Laws, and direct care workers, nurses, clinicians or other comparable employees employed by the commonwealth’s state-operated programs for human services;
(2) the amount of annual increases in the rate of reimbursement, as defined in subsection (a) of section 105 of chapter 6A of the General Laws, to human service providers under contract with their department necessary to reduce and eliminate the disparity amount by July 1, 2027 pursuant to the schedule articulated in subsection (b) of section 105 of chapter 6A of the General Laws;
(3) the amount needed to be appropriated annually to achieve the reductions in the disparity amount described in paragraphs (1)-(4) of subsection (b) of section 105 of chapter 6A of the General Laws by July 1, 2027; and
(4) the implementation of rates necessary to eliminate the disparity amount by agency, job description and start date of implementation.
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[]
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[]
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[]
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[]
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An Act relative to the Massachusetts State College Building Authority
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S840
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SD1963
| 193
|
{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-20T11:14:39.483'}
|
[{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-20T11:14:39.4833333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S840/DocumentHistoryActions
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Bill
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By Mr. Moore, a petition (accompanied by bill, Senate, No. 840) of Michael O. Moore for legislation to utilize supplemental funding accessed through the Massachusetts State College Building Authority. Higher Education.
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SECTION 1. Chapter 113 of the acts of 2018 is hereby amended by inserting after section 31 the following section:-
Section 32. Notwithstanding any general or special law to the contrary, state university projects authorized through item 7066-8110 of section 2 of this act and projects authorized through item 7066-8000 of section 2 of chapter 258 of the acts of 2008 may utilize supplemental funding accessed through the Massachusetts State College Building Authority.
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[]
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[]
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[]
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[]
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Resolve relative to public higher education credit transfers
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S841
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SD2029
| 193
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{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-20T12:06:56.067'}
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[{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-20T12:06:56.0666667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S841/DocumentHistoryActions
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Resolve
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By Mr. Moore, a petition (accompanied by resolve, Senate, No. 841) of Michael O. Moore that provisions be made to establish public higher education credit transfers. Higher Education.
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Resolved, not later than December 31, 2024, the department of higher education shall complete Associates to Bachelor’s Mapped degree agreements under the MassTransfer program for all majors offered by public institutions of higher education to guarantee that courses taken as major requirements at one public institution of higher education will be accepted as major requirements at the receiving public institution of higher education.
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[]
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[]
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[]
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[]
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An Act creating a scholarship fund to increase the number of medical providers who are knowledgeable in autism
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S842
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SD486
| 193
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{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-12T16:28:28.113'}
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[{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-12T16:28:28.1133333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S842/DocumentHistoryActions
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Bill
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By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 842) of Patrick M. O'Connor for legislation to create a scholarship fund to increase the number of medical providers who are knowledgeable in autism. Higher Education.
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SECTION 1. Notwithstanding any general or special law, rule, or regulation to the contrary, there is hereby established a scholarship fund to increase the number of medical providers who are knowledgeable in autism. Individuals eligible for applying for the scholarship are students attending the university of Massachusetts medical school, state run/public nursing schools, and schools of state run/public dentistry schools who are either studying issues related to autism and/or plan to work with individuals with autism upon graduation. Three scholarships total will be awarded annually: one to a student attending the university of Massachusetts medical school, one attending a state run/public nursing program, and one attending a state run/public dentistry school.
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[]
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[]
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[]
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[]
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An Act to authorize state universities to offer clinical and professional doctorate programs
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S843
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SD322
| 193
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{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-13T13:11:49.59'}
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[{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-13T13:11:49.59'}, {'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-02-23T10:23:18.67'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-03-17T16:50:13.36'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-06T13:51:51.6733333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S843/DocumentHistoryActions
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Bill
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By Mr. Oliveira, a petition (accompanied by bill, Senate, No. 843) of Jacob R. Oliveira and Julian Cyr for legislation to authorize state universities to offer clinical and professional doctorate programs. Higher Education.
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Section 1 of chapter 73 of the General Laws is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-
Section 1. The state universities, as established by section 5 of chapter 15A shall provide educational programs, research, extension, and continuing education services in the liberal, fine and applied arts and sciences and other related disciplines through the doctorate degree level, to include but not limited to clinical doctorate degrees and professional doctorate degrees. They may not offer PhD level programs unless in cooperation with the University of Massachusetts under authority granted by the board of higher education, concurred in by the boards of trustees of the University of Massachusetts and of said state universities. They shall provide a major emphasis on the preparation of teachers and other professional educational personnel. The board of trustees of the state universities may grant the degree of Bachelor of Education or of Bachelor of Science in Education to any person completing a four-year course in a state university, and the degree of Master of Education to graduates of colleges or universities who have satisfactorily completed a graduate course of instruction in any such university. The trustees may grant the degree of Bachelor of Fine Arts to any student at the Massachusetts College of Art and Design upon the successful completion of certain four-year prescribed courses in the field of fine arts, and may grant the honorary degree of Doctor of Fine Arts at said college of art. The trustees may grant the degree of Bachelor of Nautical Science to any person satisfactorily completing the prescribed course of instruction at the Massachusetts Maritime Academy. The trustees may also grant such other appropriate baccalaureate degrees at such state universities as it may determine and prescribe. The trustees, as established by section 5 of chapter 15A, may also award academic degrees at all appropriate levels, including clinical or professional doctoral degrees, as approved by the board of higher education. They may also award such honorary degrees as they deem appropriate.
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[]
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[]
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[]
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An Act protecting public higher education student information
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S844
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SD343
| 193
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{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-13T15:43:22.19'}
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[{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-13T15:43:22.19'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-03-17T16:50:03.3433333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-06T13:51:36.93'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S844/DocumentHistoryActions
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Bill
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By Mr. Oliveira, a petition (accompanied by bill, Senate, No. 844) of Jacob R. Oliveira for legislation relative to certain higher education records under the public records law. Higher Education.
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SECTION 1. Chapter 66 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding a new section:
Section 22. Public institutions of higher education, as set forth in section 5 of chapter 15A, and municipally owned institutions of higher education, shall not be required to produce education records, including information designated by the public institution of higher education as directory information, as defined under the Family Educational and Privacy Rights Act, 20 U.S.C. section 1232 (g). This section shall not apply to requests from federal, state, or municipal agencies.
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[]
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[]
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[]
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An Act relative to the endowment match program
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S845
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SD346
| 193
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{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-13T15:48:11.057'}
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[{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-13T15:48:11.0566667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S845/DocumentHistoryActions
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Bill
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By Mr. Oliveira, a petition (accompanied by bill, Senate, No. 845) of Jacob R. Oliveira for legislation relative to the endowment match program. Higher Education.
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SECTION 1. Section 15E of chapter 15A of the General Laws, as appearing in the 2020 official edition, is hereby amended by removing the words “subject to appropriation” in lines 8 and 12 and by inserting at the end thereof the following paragraph:-
"Not less than $30,000,000 shall be expended for the purposes of continuing the implementation of section 15E of chapter 15A of the General Laws to encourage private fundraising by the Commonwealth’s public institutions of higher education for the endowment and capital outlay programs of those institutions; provided further, that the board of higher education shall implement this program in a manner which ensures that each institution shall have an opportunity to secure matching funds from this item; provided further, that $10,000,000 shall be allocated to the University of Massachusetts; provided further, that $10,000,000 shall be allocated to state universities; provided further, that $10,000,000 shall be allocated to community colleges; provided further, that if any funds allocated herein for disbursement to community colleges shall be unused, the remaining funds shall be made available to the state universities; provided further, that if any funds allocated herein for disbursement to state universities shall be unused, the remaining funds shall be made available to the University of Massachusetts;"
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[]
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[]
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[]
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An Act relative to UMass tuition credit
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S846
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SD622
| 193
|
{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-17T14:12:29.59'}
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[{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-17T14:12:29.59'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-03-23T18:10:56.4233333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S846/DocumentHistoryActions
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Bill
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By Mr. Pacheco, a petition (accompanied by bill, Senate, No. 846) of Marc R. Pacheco for legislation relative to UMass tuition credit. Higher Education.
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SECTION 1. Section 1B of Chapter 75 of the General Laws, as so appearing, is hereby amended by adding at the end of subsection (f) the following words:- “The value of the tuition credit shall be adjusted annually to ensure the value of said credit is worth no less than 12.5 % of the total student charges for the academic year.”
SECTION 2. Said Section 1B of said Chapter 75, as so appearing, is hereby further amended by striking out subsection (g) and inserting in place thereof the following subsection:-
(g) The board of trustees shall not accept any tuition waivers, grants or scholarships identified in chapter 15A or any other general or special law that are in the form of tuition or fee waivers established on or after July 1, 2016 unless the reduction is accompanied with an appropriation that fully supports the reduction or the reduction is approved by the board of trustees or unless said reduction is secured in a collective bargaining contract.
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[]
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[]
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[]
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An Act to support college students in recovery
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S847
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SD1560
| 193
|
{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-19T17:44:51.21'}
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[{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-19T17:44:51.21'}, {'Id': 'REH1', 'Name': 'Russell E. Holmes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/REH1', 'ResponseDate': '2023-02-01T12:22:10.4133333'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-02-01T14:58:12.04'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-01T20:19:42.65'}, {'Id': 'RMH2', 'Name': 'Ryan M. Hamilton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RMH2', 'ResponseDate': '2023-02-02T15:26:08.8766667'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-02-02T15:26:08.8766667'}, {'Id': 'RBB1', 'Name': 'Ruth B. Balser', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RBB1', 'ResponseDate': '2023-02-02T17:37:25.7'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-02-03T17:21:05.27'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-09T16:45:26.29'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-10T10:24:23.8733333'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-10T12:19:15.2366667'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-10T15:41:34.45'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-02-28T13:29:05.31'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-03-29T16:36:57.1466667'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-03-29T16:36:57.1466667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S847/DocumentHistoryActions
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Bill
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By Ms. Rausch, a petition (accompanied by bill, Senate, No. 847) of Rebecca L. Rausch, Russell E. Holmes, David F. DeCoste, Michael O. Moore and other members of the General Court for legislation to support college students in recovery. Higher Education.
|
Chapter 15A of the General Laws is hereby amended by inserting after section 45 the following section:-
Section 46. (a) Each public institution of higher education that provides housing for students shall establish a college campus recovery-focused housing program to provide an alcohol and drug-free environment for students recovering from substance use disorder. This program shall provide services including, but not limited to, trauma informed on-site counseling, mentoring, and peer support. (b) Each public institution of higher education shall provide overdose training to all students, faculty, and staff and shall make naloxone available for the purpose of treating overdoses, as appropriate.
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[]
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[]
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[]
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[]
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An Act establishing the Finish Line Scholarship Program
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S848
|
SD106
| 193
|
{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-10T15:35:29.96'}
|
[{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-10T15:35:29.96'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S848/DocumentHistoryActions
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Bill
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By Mr. Tarr, a petition (accompanied by bill, Senate, No. 848) of Bruce E. Tarr for legislation to establish the Finish Line Scholarship Program. Higher Education.
|
SECTION 1. Chapter 15A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting, after section 16, the following new section:-
Section 16A. Finish Line Scholarship Program
There shall be a Finish Line Scholarship Program to provide scholarships to cover the entire cost of tuition and fees for one year other than the first, in a program leading to an associate’s or bachelor’s degree at a Massachusetts public college or university. The scholarships will be available to residents of the Commonwealth in need of financial assistance whose family income is less than the median family income in Massachusetts.
The Department of Higher Education shall establish guidelines governing said program, which shall include but not be limited to eligibility requirements, selection criteria (such as acceptable grades and an academic plan for timely degree completion), and other guidelines designed to help meet the department’s goals, such as increasing overall student success and graduation rates, and lowering achievement gaps for high-risk students; provided, further, that no funds from this scholarship program may be used to pay the tuition or fees for any course or program offered or administered by a non-public entity and that no student shall be eligible to receive a scholarship from this program more than one time.
If funds appropriated for this program are insufficient to cover costs of qualified applicants, the department shall hold a lottery for available scholarships. The funds for the program are meant to supplement and not supplant existing scholarship funds; funds for this program shall not be derived from existing financial aid programs the Commonwealth administers.
The department shall provide the Joint Committee of Higher Education of the General Court a report analyzing the usage, achievements and costs of this program, together with recommendations for its future, no later than 120 days following the program’s first year of operation.
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[]
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[]
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[]
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[]
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An Act relative to opioid overdose prevention in college housing
|
S849
|
SD777
| 193
|
{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-18T12:16:13.75'}
|
[{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-18T12:16:13.75'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/S849/DocumentHistoryActions
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Bill
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By Mr. Velis, a petition (accompanied by bill, Senate, No. 849) of John C. Velis for legislation relative to opioid overdose prevention in college housing. Higher Education.
|
Section 19B of said chapter Chapter 94C, as appearing in the 2020 Official Edition, is hereby amended by adding the following subsection:-
(i) Every state university campus, as listed in section 5 of chapter 15A of the General Laws, shall provide training in the administration of opioid antagonists to every resident assistant employed by said campuses. Campuses shall provide and maintain opioid antagonists onsite in each college-operated housing. Said opioid antagonists shall be accessible by every resident assistant for use during emergencies to any student, staff or other individual on college-operated housing premises suspected of having an opioid overdose. The department, in consultation with the department of higher education, shall adopt regulations to implement this subsection.
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[]
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[]
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[]
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[]
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An Act relative to an agricultural healthy incentives program
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S85
|
SD63
| 193
|
{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-10T13:19:55.237'}
|
[{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-10T13:19:55.2366667'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-23T15:18:28.5733333'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-23T15:18:39.1733333'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-01-30T15:43:13.96'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-30T15:43:13.96'}, {'Id': 'SWG1', 'Name': 'Susan Williams Gifford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SWG1', 'ResponseDate': '2023-01-30T15:43:13.96'}, {'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-30T15:43:13.96'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-01-30T15:43:13.96'}, {'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-30T15:43:13.96'}, {'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-02-01T10:09:44.3866667'}, {'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-02-01T10:09:44.3866667'}, {'Id': 'MJS3', 'Name': 'Michael J. Soter', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJS3', 'ResponseDate': '2023-02-02T15:32:54.4666667'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-02T15:32:39.6833333'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-07T11:47:29.77'}, {'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-02-07T11:47:29.77'}, {'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-02-07T11:47:29.77'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-07T15:57:01.9933333'}, {'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-02-14T09:19:56.4066667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-14T09:19:56.4066667'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-14T09:19:56.4066667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-23T15:30:54.7933333'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-02-23T15:30:54.7933333'}, {'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-02-23T15:30:54.7933333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-23T15:30:54.7933333'}, {'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-02-27T14:20:29.4433333'}, {'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-03-01T12:27:14.5933333'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-03-02T16:02:13.22'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-06T16:28:39.8533333'}, {'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-03-06T16:28:39.8533333'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-04-14T10:51:12.76'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-05-09T13:16:41.4233333'}]
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Bill
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By Ms. Gobi, a petition (accompanied by bill, Senate, No. 85) of Anne M. Gobi, Joanne M. Comerford, Jacob R. Oliveira, Hannah Kane and other members of the General Court for legislation relative to an agricultural healthy incentives program. Children, Families and Persons with Disabilities.
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SECTION 1. Chapter 128 of the General Laws is hereby amended by inserting after section 2E the following section:-
Section 2F. (a) The department of transitional assistance, in partnership with the department of agricultural resources and the department of public health, shall operate a healthy incentives program. The program shall provide that Supplemental Nutrition Assistance Program benefits, established pursuant to the Food and Nutrition Act of 2008, 7 U.S.C. section 2011 hereinafter referred to as SNAP, redeemed for fruit and vegetable purchases, either fresh, canned, dried or frozen, by a SNAP recipient at a participating vendor, shall entitle the recipient to receive a matching benefit reimbursed on the recipient’s EBT card, within limits to be established by the department.
(b) There shall be established and set up on the books of the commonwealth a separate fund, to be administered by the commissioner of the department of transitional assistance, which shall be known as the Massachusetts Healthy Incentives Fund. The Fund shall consist of all revenues from public and private sources as appropriations, gifts, grants, donations, reimbursements from the federal government and grants-in-aid or other receipts to further the purposes of the Fund in accordance with this section.
(c) The Department of Transitional Assistance and its partners may apply for any available federal programs such as Gus Schumacher Nutrition Incentive Program administered by the United States Department of Agriculture to provide matching benefits to be deposited in the Fund.
SECTION 2. The Department of Transitional Assistance shall promulgate rules and regulations to implement the program set forth in section 1.
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An Act relative to local public housing authorities
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S850
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SD177
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{'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-01-09T13:56:11.8'}
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[{'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-01-09T13:56:11.8'}]
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Bill
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By Mr. Brady, a petition (accompanied by bill, Senate, No. 850) of Michael D. Brady for legislation relative to the use of community preservation funding by local public housing authorities. Housing.
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Section 5 of Chapter 44B of the General Laws is hereby amended in clause (b) (2) by adding after the words “not be used for maintenance” the following words “provided however local public housing authorities established pursuant to Chapter 121B may use such funds only for extraordinary maintenance, equipment replacement betterments and additions”.
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An Act relative to the disclosure of smoking within a multi-residence building by lessor
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S851
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SD195
| 193
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{'Id': 'WNB0', 'Name': 'William N. Brownsberger', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WNB0', 'ResponseDate': '2023-01-12T10:17:18.29'}
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[{'Id': 'WNB0', 'Name': 'William N. Brownsberger', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WNB0', 'ResponseDate': '2023-01-12T10:17:18.29'}]
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Bill
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By Mr. Brownsberger, a petition (accompanied by bill, Senate, No. 851) of William N. Brownsberger for legislation relative to the disclosure of smoking within a multi-residence building by lessor. Housing.
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Chapter 186 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting the following new section after section 21:-
Section 21A. Disclosure of smoking within a multi-residence building by lessor; violations
Section 21A. The lessor of any residential property shall disclose prominently in the lease if the building in which the residence is located permits smoking of any kind in any area or residence. If the lessor violates this section, the lessee shall be entitled to break the lease and the lessor shall be required to pay the lessee the value of three months’ rent under the terms of the lease.
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An Act relative to the installation of electric vehicle charging stations by condominium owners
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S852
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SD351
| 193
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{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-13T16:11:01.657'}
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[{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-13T16:11:01.6566667'}, {'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-04-12T10:57:44.5466667'}]
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Bill
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By Ms. Creem, a petition (accompanied by bill, Senate, No. 852) of Cynthia Stone Creem relative to the installation of electric vehicle charging stations by condominium owners. Housing.
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Chapter 183A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following section:-
Section 24. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:-
“Association”, any association of homeowners, community association, condominium association, cooperative or any other nongovernmental entity with covenants, bylaws and administrative provisions with which a homeowner's compliance is required.
“Dedicated parking spot”, a parking spot that is: (i) located within an owner’s separate interest; and (ii) in a common area, but subject to exclusive use rights of an owner, including, but not limited to, a deeded parking space, a garage space, a carport or a parking space that is specifically designated for use by a particular owner.
“Electric vehicle charging system”, a system that is designed in compliance with Article 625 of the National Electrical Code and delivers electricity from a source outside an electric vehicle into 1 or more electric vehicles; provided, however, that an electric vehicle charging system may include several charge points simultaneously connecting several electric vehicles to the system.
“Owner”, a person who owns a separate lot, unit or interest, along with an undivided interest or membership interest in the common area of the entire project, including but not limited to condominiums, planned unit developments and parcels subject to a homeowners’ association.
“Reasonable restrictions”, restrictions that do not significantly increase the cost of the station, significantly decrease its efficiency or specified performance or effectively prohibit the installation altogether.
“Separate interest”, a separate lot, unit or interest to which an owner has exclusive rights of ownership.
(b) An association shall not prohibit or unreasonably restrict an owner from installing an electric vehicle charging station: (i) on or in areas subject to the owner’s separate interest; (ii) on or in areas to which the owner has exclusive use; or (iii) on a common element; provided, however, that the common element is within a reasonable distance of the dedicated parking spot. Nothing in this subsection shall be construed to prohibit an association from making reasonable restrictions.
(c) Installation of an electric vehicle charging station shall be subject to the following: (i) the electric vehicle charging station shall be installed at the owner’s expense; (ii) the electric vehicle charging station shall be installed by a licensed contractor or electrician; (iii) an electric vehicle charging station shall conform to: (A) all applicable health and safety standards and requirements imposed by national, state and local authorities; and (B) all other applicable zoning, land use or other ordinances or land use permits.
(d) An association may require an owner to submit an application before installing an electric vehicle charging station, pursuant to the following provisions: (i) if an association requires such an application, the application shall be processed and approved by the association in the same manner as an application for approval of an architectural modification to the property, and shall not be willfully avoided or delayed; (ii) the association shall approve the application if the owner complies with the association’s architectural standards and this section; (iii) the approval or denial of an application shall be in writing; (iv) if an application is not denied in writing within 60 days from the date of receipt of the application, the application shall be deemed approved, unless that delay is the result of a reasonable request for additional information; (v) an association may not assess or charge an owner a fee for the placement of an electric vehicle charging station, except a reasonable fee for processing the application; provided, however, that such a fee exists for all applications for approval of architectural modifications.
(e) An owner of a separate interest or an owner who has exclusive rights to an area where an electric vehicle charging system is installed shall be responsible for: (i) disclosing to prospective buyers the existence of a charging station of the owner and the related responsibilities of the owner pursuant to this section; (ii) disclosing to prospective buyers whether the electric vehicle charging station is removable and whether the owner intends to remove the station in order to install it at the owner’s new place of residence; (iii) costs of the maintenance, repair and replacement of the electric vehicle charging station until the charging station is removed, and for restoration of the common area after removal; (iv) costs for damage to the electric vehicle charging station, common area, exclusive common area or a separate interest resulting from the installation, maintenance, repair, removal or replacement of the charging station; (v) the cost of electricity associated with the electric vehicle charging station; provided however, that the owner shall connect the electric vehicle charging station to the owner’s electricity utility account unless the licensed contractor performing the installation deems that to be impossible; provided further, that if the connection is deemed impossible, the association shall allow the owner to connect the electric vehicle charging station to the common electricity account, but may require reimbursement by the owner to the association for the electricity costs, per the owner’s responsibility for such costs; and (vi) removing the electric vehicle charging station if reasonably necessary for the repair, maintenance or replacement of any property of the association or separate interests.
(f) An association may install an electric vehicle charging station in the common area for the use of all members of the association and, in that case, the association shall develop appropriate terms of use for the charging station.
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An Act financing the transition to fossil fuel-free buildings
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S853
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SD1842
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{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-20T10:07:03.207'}
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[{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-20T10:07:03.2066667'}, {'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-04-12T10:55:32.2'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S853/DocumentHistoryActions
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Bill
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By Ms. Creem, a petition (accompanied by bill, Senate, No. 853) of Cynthia Stone Creem for legislation to finance the transition to fossil fuel-free buildings. Housing.
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SECTION 1. Chapter 23B of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting the following sections:-
Section 31. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:-
“Income-eligible household,” 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.
“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.
(b) There shall be a fossil fuel-free building loan program in the department of housing and community development. Said program shall assist residential property owners and small businesses throughout the commonwealth in financing any renovations, upgrades, or improvements, including the purchase and installation of equipment, that are necessary to ensure that their property does not, in support of its operation after renovation, upgrade, or improvement, utilize coal, oil, natural gas, other fuel hydrocarbons, including synthetic equivalents, or other fossil fuels. The department of housing and community development and the Massachusetts housing finance agency shall administer said program and may distribute funds through community action agencies, redevelopment agencies, local nonprofit community and housing agencies, and other appropriate municipal and non-profit agencies and organizations.
Agencies and organizations eligible for loans under this program shall be selected by the department of housing and community development in consultation with the Massachusetts housing finance agency. Not less than one-half of funds allocated for this program shall be distributed to agencies and organizations that predominantly serve communities where the median household income is lower than 80 percent of the commonwealth’s median household income. Each agency or organization wishing to receive funding from the program shall submit to for approval by the department of housing and community development a fossil fuel-free building plan that: (1) describes how the agency or organization will promote the program to contractors, residential property owners, and small businesses; (2) identifies strategic intervention points, including but not limited to the building permit application process, when the agency or organization will share information about the program with residential property owners and small businesses; (3) describes the agency or organization’s plan to ensure equitable access to and utilization of the program; and (4) describes how the agency or organization will ensure that participating residential property owners and small businesses take full advantage of all available state and federal efficiency and electrification incentives before entering into a fossil fuel-free building loan agreement. The department of housing and community development shall provide grants to assist agencies and organizations in developing fossil fuel-free building plans.
The department of housing and community development shall report to the clerks of the house of representatives and the senate not later than October first of each year concerning the distribution of loan funds under this program. The department of housing and community development, in consultation with the Massachusetts housing finance agency, shall promulgate regulations necessary to administer this program and which establish reasonable terms and conditions of loans provided through the program; provided, that such terms and conditions shall comply with the provisions of subsection (c).
(c) Loans provided under the program established in subsection (b) shall comply with the following requirements:
(1) For owner-occupants that are income-eligible households, deferred loans with 0 percent interest shall be available.
(2) For owner-occupants that are not income-eligible households, 0 percent fully amortizing loans shall be available.
(3) For non-profit organizations, 0 percent fully amortizing loans shall be available.
(4) For non-owner occupant landlords and for-profit entities renovating, upgrading, or improving properties that are being rented predominantly to income-eligible households, fully amortizing loans with an interest rate not to exceed 2 percent shall be available.
(5) For non-owner occupant landlords and for-profit entities renovating, upgrading, or improving properties that are not being rented predominantly to income-eligible households, fully amortizing loans with an interest rate not to exceed 3 percent shall be available.
Section 32. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:-
“Income-eligible household,” 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.
(b) There shall be a fossil fuel-free housing betterment program administered jointly by the department of housing and community development and participating municipalities. Not less than one-half of funds allocated for this program shall be distributed to municipalities where the median household income is lower than 80 percent of the commonwealth’s median household income. In order to participate in the fossil fuel-free housing betterment program, a municipality must submit for approval by the department of housing and community development a local fossil fuel-free housing betterment plan that: (1) describes how the municipality will promote the program to contractors and residential property owners; (2) identifies strategic intervention points, including but not limited to the building permit application process, when the municipality will share information about the program with residential property owners; (3) describes the municipality’s plan to ensure equitable access to and utilization of the program; and (4) describes how the municipality will ensure that participating residential property owners take full advantage of all available state and federal efficiency and electrification incentives before entering into a fossil fuel-free building loan agreement. The department of housing and community development shall provide grants to assist municipalities in developing local fossil fuel-free housing betterment plans. The department of housing and community development shall provide participating municipalities with zero-interest loans to finance the betterment agreements described in subsection (c). A municipality may use up to 2.5 percent of the loan funds it receives through the fossil fuel-free housing betterment program to administer its local fossil fuel-free housing betterment plan and the betterment agreements it enters into pursuant to subsection (c) and may obtain consultant services to administer said plan and agreements.
(c) The owner of a residential structure with 4 or fewer units may enter an agreement with the municipality in which the structure is located to finance its renovation, upgrade, or improvement, including through the purchase and installation of equipment, at the owners expense, so that it does not, in support of its operation after renovation, upgrade, or improvement, utilize coal, oil, natural gas, other fuel hydrocarbons, including synthetic equivalents, or other fossil fuels. An owner who enters into such an agreement shall be responsible for all expenses incurred by the municipality, directly or indirectly, or required by the municipality and incurred by the owner for such renovation, upgrade, or improvement. A notice of such agreement shall be recorded as a betterment and be subject to the provisions of chapter eighty relative to the apportionment, division, reassessment and collection of assessment, abatement and collections of assessments, and to interest; provided, however, that for purposes of this section, such lien shall take effect by operation of law on the day immediately following the due date of such assessment or apportioned part of such assessment and such assessment may bear interest at a rate determined by the city or town treasurer by agreement with the owner at the time such agreement is entered into between the municipality and the property owner. In addition to remedies available under chapter eighty, the property owner shall be personally liable for the repayment of the total costs incurred by the municipality this section; provided, however, that upon assumption of such personal obligation to a purchaser or other transferee of all of the original owners interest in the property at the time of conveyance and the recording of such assumption, the owner shall be relieved of such personal liability.
Any costs incurred under the provisions of this section may be funded by an appropriation or issuance of debt, provided that any debt incurred shall be subject to the provisions of chapter forty-four and shall not exceed twenty years.
Any appropriation or borrowing by the municipality for purposes contained within this section shall not be included for the purpose of computation of the levy or borrowing limits otherwise imposed upon such municipality by the general laws.
An agreement between an owner and a municipality pursuant to this section shall not be considered a breach of limitation or prohibition contained in a note, mortgage or contract on the transfer of an interest in property.
A municipality town acting pursuant to the provisions of this section shall have the same authority as set forth in section one hundred and twenty-seven B to institute an action for eviction. Any such action by the municipality shall not otherwise impair the rights or obligations of the occupants or owner with respect to each other.
Notwithstanding any provision of chapter 183A to the contrary, the organization of unit owners of a condominium may petition the municipality to enter into a betterment agreement pursuant to this section to finance a renovation, upgrade, or improvement, necessary to ensure that specified condominium units do not, in support of their operation after renovation, upgrade, or improvement, utilize coal, oil, natural gas, other fuel hydrocarbons, including synthetic equivalents, or other fossil fuels; provided that such renovation, upgrade, or improvement comprises part of the common areas and facilities. Such agreement shall: (i) be approved by a majority of the unit owners benefited by the renovation; (ii) include an identification of the units and unit owners subject to the agreement and the percentages, as set forth in the master deed, of the undivided interests of the respective units in the common area and facilities; and (iii) include a statement by an officer or trustee of the organization of unit owners certifying that the required number of unit owners have approved the agreement. As between the affected unit owners and the city or town, such certification shall be conclusive evidence of the authority of the organization of unit owners to enter into the agreement. A notice of such agreement shall be recorded as a betterment in the registry of deeds or registry district of the land court where the master deed is recorded and shall be otherwise subject to the provisions of chapter 80 as provided for in this section. The assessment under such agreement may be charged or assessed to the organization of units owners but shall not constitute an assessment of common expenses. Instead, the allocable share of the assessment, prorated on the basis of the percentage interests of the benefited units in the common areas and facilities, shall attach as a lien only to the units identified in the recorded notice and benefited by the renovation and the owners of such units shall also be personally liable for their allocable share of the assessment as provided for in this section. Words defined in section 1 of said chapter 183A and used in this paragraph have the same meanings as appearing in said chapter 183A.
(d) Betterment loans provided under the program established in subsections (b) and (c) shall comply with the following requirements:
(1) For owner-occupants and non-profit organizations, 0 percent fully amortizing loans shall be available.
(4) For non-owner occupant landlords and for-profit entities renovating, upgrading, or improving properties that are being rented predominantly to income-eligible households, fully amortizing loans with an interest rate not to exceed 2 percent shall be available.
(3) For non-owner occupant landlords and for-profit entities renovating, upgrading, or improving properties that are not being rented predominantly to income-eligible households, fully amortizing loans with an interest rate not to exceed 3 percent shall be available.
(e) The department of housing and community development shall promulgate regulations necessary to administer this program.
SECTION 2. Chapter 29 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 2QQQQQ the following section:-
Section 2RRRRR. There shall be established and set up on the books of the commonwealth a separate revolving fund, to be known as the Massachusetts Fossil fuel-free Building Revolving Fund, to be expended, without further appropriation, by the department of housing and community development for the fossil fuel-free building loan program established in section 31 of chapter 23B and the fossil fuel-free housing betterment program established in section 32 of said chapter 23B. The revolving fund shall be credited with: (i) any appropriations, bond proceeds or other monies authorized by the general court and specifically designated to be credited thereto; (ii) funds from public and private sources and other gifts, grants and donations; (iii) any income derived from the investment of amounts credited to the revolving fund; and (iv) the monies from the repayment of loans from the fund. All amounts credited to the revolving fund shall be held in trust and used solely for activities and expenditures consistent with the public purpose of the revolving fund and the ordinary and necessary expenses of administration and operation associated with the revolving fund. All available monies in the revolving fund that are unexpended at the end of each fiscal year shall not revert to the General Fund and shall be available for expenditure in the subsequent fiscal year.
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An Act establishing a special commission to study racial segregation in housing and public schools
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S854
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SD456
| 193
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{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-16T13:36:42.523'}
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[{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-16T13:36:42.5233333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S854/DocumentHistoryActions
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Bill
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By Mr. Crighton, a petition (accompanied by bill, Senate, No. 854) of Brendan P. Crighton for legislation to establish a special commission to study racial segregation in housing and public schools. Housing.
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SECTION 1. (a) Notwithstanding any general or special law to the contrary, there is hereby established a special commission on racial segregation in housing and public schools, the purpose of which shall be to make policy recommendations to: (i) combat the causes of housing segregation and increase racial integration in cities and towns; (ii) eliminate or significantly reduce interdistrict and intradistrict racial segregation, including at the school and classroom level; and (iv) to promote, as part of school integration plans, the development of racially inclusive school climates, including through: (A) culturally and racially responsive pedagogy and curriculum; (B) approaches to creating a safe and supportive school environments that do not rely on school discipline practices that have a disproportionate negative impact on students of color; and (C) access to racially diverse school staff, teachers and school leaders.
(b) The commission shall investigate the following for purposes of: (1) determining the extent to which the following contribute to housing and school segregation; and (2) making policy recommendations relevant to the following that would help eliminate or significantly reduce racial segregation in housing and public schools:
(A) existing state statute and regulations;
(B) state programs that financially support prospective tenants and prospective homeowners;
(C) state programs that finance or govern the development of affordable housing;
(D) discriminatory practices based on race in the banking industry, including underwriting practices and standards used to determine credit worthiness and interest rates for mortgages;
(E) discriminatory practices in the real estate industry, including the practices of real estate agents, property managers, and landlords, based on the race of prospective tenants or the participation of said tenants in a state or federal housing voucher program;
(F) violations and enforcement of the Fair Housing Act based on race;
(G) exclusionary zoning ordinances and bylaws;
(H) inadequate transportation infrastructure or inadequate access to affordable, reliable, and efficient public transportation;
(I) violations and enforcement of Title VI of the Civil Rights Act of 1964;
(J) Chapter 70 of the General Laws;
(K) Chapter 70B of the General Laws;
(L) the dissolution of historical policies and practices in the commonwealth that had led to substantial increases in school integration;
(M) public magnet schools or regional school districts;
(N) school district practices for assigning students to schools;
(O) interdistrict and intradistrict transfer and public school choice policies;
(P) the use of admissions practices for determining student attendance in selective public schools;
(Q) school district practices for determining student participation in different levels of coursework, such as ability grouping or tracking;
(R) the Metropolitan Council for Educational Opportunity (METCO) program; and
(S) any other topics that it deems relevant to housing and school segregation.
(c) The commission shall convene its first meeting within 30 days of the passage of this act and shall submit its report and recommendations not later than 1 year after the passage of this act.
(d) A copy of the report and recommendations shall be submitted to the joint committee on housing, the joint committee on education, and the joint committee on transportation.
(e) Prior to issuing its recommendations, the commission shall conduct not fewer than 4 public hearings across regions of the Commonwealth, which shall take place in communities of color disproportionately impacted by racial segregation in housing and schools.
(f) The commission shall consist of: the house and senate chairs of the joint committee on housing and joint committee on education, who shall serve as the four co-chairs; the house and senate chairs of the joint committee on transportation; the secretary of housing and economic development; the commissioner of the department of housing and community development; the secretary of education; the commissioner of the department of elementary and secondary education; the commissioner of the department of early education and care; the secretary of transportation; the general manager of the Massachusetts Bay Transportation Authority; the commissioner of banks; the attorney general or a designee; the executive director of MassHousing; the president of the senate or a designee; the speaker of the house of representatives or a designee; the minority leader of the house of representatives or a designee; the minority leader of the senate or a designee; the governor or a designee; 1 persons with relevant subject matter expertise appointed by the Massachusetts Black and Latino Legislative Caucus; 2 persons appointed by the commission on the status of African Americans; 2 persons appointed by the commission on the status of Latinos and Latinas; 1 person appointed by the Asian American commission; 1 person appointed by the Massachusetts commission on Indian affairs; 1 person with relevant subject matter expertise appointed by the president of the senate; 1 person with relevant subject matter expertise appointed by the speaker of the house of representatives; 1 person with relevant subject matter expertise appointed by the governor; and 2 members of the student advisory council.
(1) Members shall not receive compensation for their services but may receive reimbursement for the reasonable expenses incurred in carrying out their responsibilities as members of the commission.
(2) The commissioner of the department of housing and community development, the secretary of housing and economic development, the secretary of transportation, the general manager of the Massachusetts Bay Transportation Authority, the secretary of education, the commissioner of the department of early education and care, the commissioner of the department of elementary and secondary education, the commissioner of banks, the attorney general and the executive director of MassHousing shall furnish reasonable staff and other support for the work of the commission.
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An Act to create and implement a Massachusetts Flexible Supportive Housing Subsidy Pool Program
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S855
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SD674
| 193
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{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-16T15:10:53.58'}
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[{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-16T15:10:53.58'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-08T15:23:47.1166667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-08T15:23:47.1166667'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-02-24T13:00:11.6533333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-24T13:00:11.6533333'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-03-02T15:16:20.9433333'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-03-06T14:06:52.2166667'}, {'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-03-06T14:06:52.2166667'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-03-13T14:06:18.4766667'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-04-03T16:36:41.2533333'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-04-26T16:29:18.45'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-05-02T11:38:18.56'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-05-03T10:53:31.6766667'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-05-10T12:38:02.0433333'}, {'Id': 'DFC1', 'Name': 'Daniel Cahill', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFC1', 'ResponseDate': '2023-06-30T12:15:27.6866667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S855/DocumentHistoryActions
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Bill
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By Mr. Crighton, a petition (accompanied by bill, Senate, No. 855) of Brendan P. Crighton, Sal N. DiDomenico, Rebecca L. Rausch, Patricia D. Jehlen and other members of the General Court for legislation to create and implement a Massachusetts Flexible Supportive Housing Subsidy Pool Program. Housing.
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SECTION 1. The General Court hereby finds and declares all of the following:
(i) Housing is the solution to homelessness for low-income families and individuals. Connecting people to housing and services provides a foundation to address other areas that may have contributed to their homelessness, such as employment, health, discrimination and substance misuse. In 2015, the general court cited a need for better coordination between state agencies and departments in creating the Interagency Council on Housing and Homelessness. But there is currently no mechanism for sustainable, coordinated and braided funding to create supportive housing.
(ii) Homelessness-focused housing programs have a demonstrated ability to end homelessness. These programs include permanent supportive housing that combines long-term rental assistance with supportive services. Supportive housing is targeted to individuals and families with chronic illnesses, disabilities, mental health issues or substance use disorders who have experienced long-term or repeated homelessness.
(iii) In response to the COVID-19 pandemic, federal assistance from the American Rescue Plan Act offers a renewed opportunity to emphasize ending homelessness by moving more people into permanent housing, rather than allowing them to linger indefinitely in shelters and unsheltered locations. The American Rescue Plan Act provides: (1) emergency rental assistance, to help millions of families keep up on their rent and remain in their homes; (2) emergency housing vouchers for individuals and families who are experiencing homelessness or at risk of homelessness; and (3) financing HOME Investment Partnerships Program to help create housing and services for people experiencing or at risk of homelessness.
(iv) Federal funding combined with state financial and human resources provided for in this Act will fund a multipronged approach to allow people to exit streets, doubled-up housing and shelters and access permanent and supportive housing.
SECTION 2. The General Laws are hereby amended by inserting after chapter 121G the following chapter:-
Chapter 121H.
MASSACHUSETTS FLEXIBLE HOUSING POOL PROGRAM
Section 1. For purposes of this chapter, the following terms shall, unless the context clearly requires otherwise, have the following meanings:
“Applicant”, a city, municipality or continuum of care that receives funds under the program.
“Chronic homelessness”, has the same meaning as in Part 91 and Part 578 of Title 24 of the Code of Federal Regulations, as those parts read on January 1, 2019, except that people, including children, youth, families and individuals, who were chronically homeless before entering an institution continue to be chronically homeless upon discharge, regardless of length of institutional stay.
“Continuum of care”, has the same meaning as defined in Section 578.3 of Title 24 of the Code of Federal Regulations.
“Coordinated entry system”, or “CES”, a centralized or coordinated assessment system developed pursuant to Section 576.400(d) or 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, and related requirements, designed to coordinate program participant intake, assessment, and referrals. In order to satisfy this subdivision, recipients of funding shall use a centralized or coordinated assessment system to refer eligible participants to housing funded under the program created in this section. A coordinated assessment system shall cover the entire geographic area, be easily accessed by individuals and families seeking housing or services, be well advertised, and include a comprehensive and standardized assessment tool.
“Department”, the department of housing and community development.
“Equity Framework”, the Framework for an Equitable COVID-19 Homelessness Response guidance to communities on how to use federal funding sources, including CARES Act programs, strategically across key public health and economic recovery strategies to meet public health goals, increase housing stability, and prevent future increases in homelessness, all with a racial justice and equity for various marginalized population lens.
“HMIS”, a Homeless Management Information System, as defined in Section 578.3 of Title 24 of the Code of Federal Regulations. The term “HMIS” includes the use of a comparable database by a victim services provider or legal services provider that is permitted by HUD under Part 576 of Title 24 of the Code of Federal Regulations.
“Homeless” or “homelessness”, has the same meaning as “homeless” defined in Section 578.3 of Title 24 of the Code of Federal Regulations.
“HUD”, the United States Department of Housing and Urban Development.
“Intermediary”, a third-party nonprofit organization that does not provide direct services, selected through a competitive process to oversee the MHFP and to administer housing subsidies and integrate health services in a coordinated, person-centered process.
“Permanent housing”, a structure or set of structures with subsidized or unsubsidized rental housing units subject to applicable landlord-tenant law, with no limit on length of stay, and no requirement to participate in supportive services as a condition of access to or continued occupancy in the housing. Permanent housing includes permanent supportive housing.
“Permanent supportive housing”, permanent housing with no limit on the length of stay that is occupied by the target population and that is linked to onsite or offsite services that assist the supportive housing residents in retaining the housing, improving resident’s health status, and maximizing resident’s ability to live and, when possible, work in the community. Permanent supportive housing includes associated facilities if used to provide services to housing residents.
“Program” or “MFHP”, the Massachusetts Flexible Housing Subsidy Pool Program established pursuant to this chapter.
“Rental assistance”, a rental subsidy provided to a housing provider, including a developer leasing affordable or supportive housing, to assist a tenant to pay the difference between 30 percent of the tenant’s income and fair market rent or reasonable market rent as determined by the grant recipient and approved by the department.
“Subrecipient”, a unit of local government or a private nonprofit or for-profit organization that the recipient determines is qualified to undertake the eligible activities for which the recipient seeks funds under the program, and that enters a contract with the applicant to undertake those eligible activities in accordance with the requirements of the program.
“Target population”, people experiencing homelessness, as defined in this section, and people who have experienced homelessness and are exiting rapid rehousing, transitional housing, or other programs providing short- to medium-term rental assistance and who are or would become homeless without longer-term assistance.
“Trauma Informed Care” or “TIC”, a coordinated, cross-system strategy that has aligned policies, practices and services for supporting healing and resilience.
Section 2. (a) The Massachusetts Flexible Housing Pool shall be administered by the department.
(b) On or before July 1, 2023, the department shall do all of the following:
(1) Issue at least 2 notices of funding availability each year to make available funding to eligible applicants; and
(2) Solicit bids from a third-party nonprofit organization through a competitive process to oversee the MHFP.
Section 3. The department shall solicit bids from a third-party nonprofit organization through a competitive process to oversee the MHFP and to administer housing subsidies and integrate health services in a coordinated, person-centered process. This role shall serve as the intermediary between the department and the applicants.
Section 4. (a) The intermediary shall make grants available to applicants that includes scoring based upon, but not limited to the following:
(1) The extent to which the applicant uses an equity framework, throughout the proposal;
(2) The extent to which the applicant shows a thorough expertise of trauma informed care service delivery;
(3) The extent to which the applicant shows experience in delivering quality supportive services and developing affordable housing;
(4) The need of the applicant, which includes consideration of the number of people experiencing homelessness, communities disproportionality impacted by systemic racism and the impact of housing costs in the jurisdiction;
(5) The extent of coordination and collaboration between the applicant, other community partners and governmental entities in the region, and the continuum of care covering the geographic area;
(6) The ability of the applicant or proposed subrecipient to administer or partner to administer the type of funding the applicant is seeking, based on the applicant’s proposed use of program funds;
(7) The applicant’s documented partnerships with affordable and supportive housing providers in the jurisdiction;
(8) Demonstrated commitment to address the needs of people experiencing homelessness through existing programs or programs planned to be implemented within 12 months; and
(9) The proposed use of funds, the extent to which those uses are evidence-based, and the extent to which the proposed use will lead to overall reductions in homelessness.
Section 5. Applicants shall compete with other applicants of similar population sizes and characteristics, such as urban centers and rural communities.
Section 6. An application shall meet the following requirements:
(1) The application shall demonstrate regional coordination between cities, community partners and continuums of care, and report all funds currently being used to provide housing and services to the homeless population in the applicant’s region;
(2) The application shall include a commitment to ensuring all grants follow the core components of Housing First, including referrals to coordinated entry systems;
(3) The application shall describe or provide documentation of the local program or project selection process anticipated to be used to allocate available funds to subrecipients qualified to carry out the eligible activities. To satisfy the requirements of this paragraph, the applicant’s proposed program or project selection process shall avoid conflicts of interest in program or project selection and shall be easily accessible to the public; and
(4) The application shall identify anticipated estimated amounts to be used for the specific eligible activities described in the application and numerical goals and performance measures established by the applicant, in collaboration with the relevant continuum of care, to be used to evaluate success in implementing eligible activities described in the application for the anticipated term of the agreement with the department entered into pursuant to the program. At a minimum, applicants shall evaluate the following project or system performance measures on an annual basis, based on HMIS data from the continuum of care service area or other data, as set forth in the department’s notice of funding availability:
(A) The number of persons served;
(B) The number of unsheltered persons served, and the average length of time spent homeless before entry into the program;
(C) The number of persons served currently living in permanent housing;
(D) The number of exits from the program, and the reasons for those exits, including returns to homelessness; and
(E) The process for referrals to housing.
Section 7. (a) An applicant shall use program funds to serve the target populations through 1 or more of the following eligible activities:
(1) Rental assistance in an amount the applicant identifies, but no more than 2 times the fair market rent for the community in which the applicant is providing rental assistance;
(2) Operating subsidies in new and existing affordable or supportive housing units. Operating subsidies may include operating reserves;
(3) Incentives to landlords, including, but not limited to, security deposits and holding fees;
(4) Services to assist the target population in accessing permanent housing and to promote housing stability in supportive housing;
(5) Systems support for activities necessary to create regional partnerships, maintain a homeless services and housing delivery system, including CES, HMIS, or planning activities, as well as staff tasked with identifying and connecting people experiencing homelessness to CES within health care, child welfare, criminal justice or other systems; or
(6) Operating support for interim interventions, including, but not limited to, the following:
(A) Resource centers that provide temporary room and board and case managers or housing navigators who work to connect homeless individuals and families to permanent housing, as well as income, public benefits, treatment, and other services;
(B) Outreach services to connect unsheltered homeless individuals and families to interim interventions and permanent housing;
(C) Shelter diversion, including service integration activities, to connect individuals and families to alternate housing arrangements, services, and financial assistance.
Section 8. Through the MFHP, eligibility criteria shall be determined to fit the target population, focus on geographic areas of high need and equity issues, streamline the housing placement process and provide services to address complex social and behavioral health scenarios.
Section 9. (a) The intermediary shall allocate funding to ensure recipients serve 1 or more of the following populations, so long as the populations also meet target population eligibility of people, as defined by children, youth, families and individuals: experiencing chronic homelessness, have long lengths of stay in shelter and people experiencing homelessness and who are medically complex.
(b) In allocating funding to serve this population, the department shall partner with the department of public health to track health care utilization, racial equity data and participate in an evaluation of the outcomes.
Section 10. The department shall work with the executive office of health and human services to coordinate MassHealth services funding with rental assistance and operating subsidies funded under the program, and shall implement guidelines to ensure coordination of existing MassHealth programs, including, but not limited to CSP-CHI.
Section 11. (a) The program shall prioritize people experiencing homelessness as individual, youth and young adult, or family:
(1) In allocating funding to serve this population, the department may incorporate guidelines created pursuant to the Massachusetts Emergency Solutions Grant; and.
(2) The department shall work with the department of children and families to draft guidelines ensuring recipients establish processes for serving families experiencing homelessness and child welfare involvement.
(b) Recipients shall use a portion of funds received pursuant to this section to match homeless data with child welfare data, to allow local systems to identify and prioritize families who need housing to reunite with children in foster care and families receiving child welfare services experiencing homelessness.
Section 12. In allocating funding to serve people experiencing homelessness who are survivors of domestic violence and sexual assault, the department shall partner with the office of victim assistance to create guidelines and draft plans that do all of the following:
(1) Ensure services include culturally competent housing navigation in domestic violence shelters and trauma-informed case management;
(2) Foster collaboration between domestic violence and sexual assault providers and homeless systems;
(3) Provide capacity building assistance to improve and strengthen how homeless, domestic violence, and sexual assault systems work together to improve outcomes for homeless survivors; and
(4) Provide rental assistance or operating subsidies to survivors exiting transitional housing, and emergency housing programs.
Section 13. (a) In allocating funding to serve people on parole, or who meet the eligibility criteria of the MassHealth Behavioral Health Justice Initiative, the department shall work with the department of correction to establish guidelines that do all the following:
(1) Provide culturally competent services in coordination with housing funded under the program;
(2) Establish a process for identifying and referring participants into the program; and
(3) Ensure participants of programs designed to reduce recidivism among Massachusetts residents likely to recidivate to prison are exiting state-funded programs into permanent housing.
(b) The department of correction shall, subject to appropriation, allocate funds that were appropriated to the department of correction for the day center and mental health crisis care that are used for the Transitional Treatment Program program to serve participants under this program.
Section 14. (a) In allocating funding to serve people experiencing homelessness as older adults, the department shall work with the office of elder affairs to draft guidelines to address the needs of this population.
Section 15. The department may adjust or add populations proscribed in this chapter based on a data-based assessment of state need and inventory.
Section 16. (a) The intermediary shall distribute funds allocated to an applicant by executing a contract with that entity that shall be for a term of 5 years, subject to renewal. Upon expiration of a contract, any funds not expended for eligible activities shall revert to the intermediary for use for the program.
(b) The intermediary shall submit an annual report to the department on a form issued by the department, pertaining to the overall program and project selection process, contract expenditures, and progress toward meeting state and local housing goals set out in this chapter as demonstrated by the performance measures set forth in the application.
(c) As part of the annual report required pursuant to subsection (b), the intermediary shall report to the department on the expenditures and activities of any subrecipients for each year of the term of the contract with the department until all funds awarded to a subrecipient have been expended.
(d) The intermediary may monitor the expenditures and activities of the recipient, as the department deems necessary, to ensure compliance with program requirements.
(e) The intermediary may, as it deems appropriate or necessary, request the repayment of funds from a recipient or pursue any other remedies available to it by law for failure to comply with program requirements.
(f) Annually, commencing on January 1, 2024, the intermediary shall evaluate the outcomes of the program and report the outcomes to the department.
Section 17. (a) The department of housing and economic development shall work with United Way Massachusetts Bay to create a statewide Funder’s Collaborative to End Homelessness.
(b) The Funder’s Collaborative shall do the following:
(1) Establish a process for incorporating private contributions through the Statewide Funders Collaborative to End Homelessness into the MFHP to create local innovations, establish pilots, or evaluate programs; and
(2) Represent foundations working to solve homelessness, criminal justice inequities, social determinants of health, the impact of homelessness on child welfare involvement, domestic violence, and other private funders with an interest in solving homelessness.
Section 18. (a) There shall be established and set up on the books of the commonwealth a trust to be known as the Flexible Housing Subsidy Pool Program Trust Fund for the purpose of funding contracts for loans, grants and other financial assistance pursuant to this chapter.
(b) Notwithstanding any general or special law to the contrary, the director of the department, may enter into contracts for the purposes of this chapter. Each contract shall include:
(1) A requirement that a substantial portion of the payment be conditioned on the achievement of outcomes based on performance targets;
(2) An objective process by which an independent evaluator will determine whether the performance targets have been achieved;
(3) A calculation of the amount and timing of payments that would be earned by the recipient during each year of the agreement if performance targets are achieved as determined by the independent evaluator;
(4) A sinking fund requirement under which the director shall request an appropriation for each fiscal year that the contract is in effect, in an amount equal to the expected payments that the commonwealth would ultimately be obligated to pay in the future based upon service provided during that fiscal year, if performance targets were achieved; and
(5) A determination by the director that the contract will result in significant performance improvements and budgetary savings across all impacted agencies if the performance targets are achieved.
(c) The director may provide that payments in future years under any such contracts shall constitute a general obligation of the commonwealth for which the full faith and credit of the commonwealth shall be pledged for the benefit of the providers of the contracted government services, but the total amount of payments under such contracts secured by a pledge of the full faith and credit of the commonwealth shall not exceed, in the aggregate, $100,000,000.
(d) The director shall be the trustee of the trust, shall administer the trust and shall ensure that all funds appropriated as described in this section are deposited in the trust and shall make payments from the trust in accordance with the terms and conditions of the contracts, without further appropriation. The director shall provide an annual status report on all contracts not later than February 1 to the house and senate committees on ways and means.
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An Act providing upstream homelessness prevention assistance to families, youth, and adults
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S856
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SD1169
| 193
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{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-19T09:36:03.607'}
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[{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-19T09:36:03.6066667'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-27T15:53:09.96'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-27T15:53:09.96'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-30T14:17:50.02'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-08T15:24:26.1966667'}, {'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-02-08T19:08:08.0966667'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-14T11:52:32.7366667'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-02-14T11:52:32.7366667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-24T12:58:27.57'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-24T12:58:27.57'}, {'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-02-24T12:58:27.57'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-03-01T11:08:51.3466667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-03-06T14:07:35.92'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-03-13T14:05:50.5133333'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-03-22T11:47:58.7633333'}, {'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-04-05T16:55:08.4666667'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-05-24T13:20:58.6633333'}]
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Bill
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By Mr. Crighton, a petition (accompanied by bill, Senate, No. 856) of Brendan P. Crighton, Joanne M. Comerford, Jacob R. Oliveira, Jack Patrick Lewis and other members of the General Court for legislation to provide upstream homelessness prevention assistance to families, youth, and adults. Housing.
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SECTION 1. Chapter 23B of the General Laws is hereby amended by inserting after section 30 the following section:-
Section 31. (a) Subject to appropriation, the department of housing and community development shall administer the residential assistance for families in transition homelessness prevention program for households whose incomes are at or below 50 per cent of the area median income and who are at risk of homelessness, eviction, foreclosure or utility shut-off within the next 12 months. For the purposes of this program, to receive cash benefits or other services, it is not necessary for a household to have received a shut-off notice from a utility company, notice to quit or summary process summons and complaint, or otherwise be subject to the summary process pursuant to chapter 239. Risk of eviction, foreclosure and utility shut-off may be determined by certified statements from the landlord, mortgage holder, utility company, or the applicant household verifying outstanding rent, mortgage or utility costs and the household’s current inability to pay said fees. The department shall ensure that not less than 50 per cent of the funds be provided to households with incomes not greater than 30 per cent of area median income. Eligible households shall include, but not be limited to, families with children under the age of 21, elders, persons with disabilities, and unaccompanied youth. Services and cash benefits under the program shall be made available to households for the prevention of the loss of subsidized or unsubsidized housing. Cash benefits for arrearages shall not exceed the actual liability. Eligible households may receive benefits for short-term rental or utility payments to offset future costs, and to pay for other expenses that otherwise would leave the household at risk of homelessness. Funds from this program shall be available to cover up to 12 months in combined rental arrearage and forward rent payments for eligible households. The department and administering agencies shall make direct payments available to tenants whose landlords are unresponsive or refuse payments. In administering the program, the department shall coordinate with the department of transitional assistance, member agencies and offices of the Massachusetts interagency council on housing and homelessness, and the agencies contracted to administer the residential assistance for families in transition program on behalf of eligible households served by those agencies and offices so as streamline the application process, provide additional support services, and better promote upstream homelessness prevention and housing stability.
(b) The department shall annually, on or before December 31, issue a report on the rental and mortgage arrearage assistance program created by this section. The report shall be submitted to the House and Senate Committees on Ways and Means, the Joint Committee on Housing, and the House and Senate Clerks. The report also shall be posted online in a timely manner in a searchable format so that such information is available to the public. The report shall include but not be limited to the following information:
(i) the referral source for each household and number of households referred by said source;
(ii) the number of applications requested, the number of applications completed, the number of applications approved;
(iii) the number of applications rejected and the reasons for denial;
(iv) the household income and demographic information for each qualifying household and its members. This information shall be provided by zip code and cumulatively;
(v) the monthly rent or mortgage liability for each qualifying household and the amount of each arrearage payment; and
(vi) the housing status of each qualifying household at 6, 12, and 24 months after receipt of services or cash benefits.
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An Act ensuring continued rights for public housing residents
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S857
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SD1980
| 193
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{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-20T11:23:50.453'}
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[{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-20T11:23:50.4533333'}]
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Bill
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By Mr. Crighton, a petition (accompanied by bill, Senate, No. 857) of Brendan P. Crighton for legislation to ensure continued rights for public housing residents. Housing.
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Section 34 of said chapter 121B is hereby amended by adding the following paragraph:-
“Notwithstanding any provision in this section, the tenants of projects transferred under this section shall, at a minimum, maintain the rights as provided under the provisions of the federal, state, and local subsidy programs originally applicable to the project including tenant contribution, lease terms, eviction, right to return, grievance, resident participation, preference in hiring, and privacy rights, except as may be required to secure financing necessary for the feasibility of the project, or to meet associated programmatic eligibility requirements subject to clause (ii) in the following paragraph after notice to affected tenants with an opportunity to comment. Provided further, the redevelopment shall not be the basis for re-screening of existing tenants or termination or reduction of assistance or eviction of any tenant in a subject property, and such a tenant shall not be considered a new admission for any purpose, including compliance with any income targeting requirements. Provided further, such projects under this section shall have at least the same number of low rent housing as the number of low rent housing in the existing project.
Provided further, the requirements for such projects under this section shall be implemented through contracts, use agreements, regulations , or other means, as determined by the department, so long as they remain consistent with this section and all local, state and federal subsidy programs applicable to the project pursuant to this section and delineate: (i) the roles of the housing authority and other agencies in monitoring and enforcing compliance, including tracking temporary and permanent displacement; (ii) how the housing authority will rehouse tenants so there is no displacement from affordable housing programs operated by the housing authority, and (iii) how tenants will be provided with technical assistance to allow them meaningful input into the development of the proposed project; provided further the benefits of any use agreement shall inure to any tenant who occupied the project at time of redevelopment or to present or future tenants or applicants of the project, who shall have the right to enforce the same as third-party beneficiaries provided that nothing in this section is intended to create a separate or new administrative process of appeal or review for any grievance governed by the lease of any tenant.
Provided further, that there shall be an opportunity for comment from tenants of such projects to be proposed under this section and an opportunity for public comment to the owners, controlled entities, designated private entities, or public housing authorities responsible for such projects with adequate notice.”
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An Act to promote Yes in My Back Yard
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S858
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SD2006
| 193
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{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-20T11:45:52.813'}
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[{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-20T11:45:52.8133333'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-08T15:21:03.33'}, {'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-02-08T15:21:03.33'}, {'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-02-08T15:21:03.33'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-08T15:21:03.33'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-14T11:53:05.2433333'}, {'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-02-24T12:59:28.53'}, {'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-03-16T11:30:57.5633333'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-03-28T10:44:03.1333333'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-03-30T10:11:18.7866667'}, {'Id': 'M_C3', 'Name': 'Manny Cruz', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C3', 'ResponseDate': '2023-04-18T15:44:49.71'}]
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Bill
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By Mr. Crighton, a petition (accompanied by bill, Senate, No. 858) of Brendan P. Crighton, Sal N. DiDomenico, Michael J. Barrett, Mike Connolly and other members of the General Court for legislation to promote Yes in My Back Yard. Housing.
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Section 1: Chapter 23A of the General Laws, as so appearing, is hereby amended by adding the following section:-
Section 68. In order to meet the housing needs of the Commonwealth, there is hereby established a statewide goal of producing 427,000 new units of housing in Massachusetts by 2040. The housing production goal shall also include a goal of having 85,400 units of housing created by 2040 that are affordable to households earning less than 80% of the Area Median Income, with at least 8,500 of these affordable units for households earning less than 30 percent of the Area Median Income. The housing production goal shall also include a goal of having 52,000 units for households earning between 80-120% of the Area Median Income.
The secretary of housing and economic development shall report annually to the clerks of the house of representatives and the senate, who shall forward the report to the house of representatives and the senate, the chairs of the joint committee on housing, and the chairs of the senate and house committee on ways and means, on progress made towards meeting these housing production goals. The report shall include a breakdown of market-rate units created; units created that are accessible or adaptable for persons with disabilities; units created for persons over the age of 55; and units created by deed restricted affordable housing available to households earning less than 80% Area Median Income, less than 60% Area Median Income, and less than 30% Area Median Income. The secretary of housing and economic development shall also report annually on the number of residential properties purchased by foreign buyers in Massachusetts. As part of the report, the secretary of housing and economic development shall also include information on short-term rentals collected as required by Chapter 337 of the Acts of 2018. The secretary of housing and economic development shall also report annually on the number of units, broken down by municipality, on the Subsidized Housing Inventory as maintained by the Department of Housing and Community Development that are income restricted to income eligible households earning 80% or less than the area median income.
Section 2: Section 1A of Chapter 40A of the General Laws, as so appearing, is amended by inserting the following definition:
“Bus Station” means a building located at the intersection of two or more bus lines, within
which services are available to bus passengers; provided that a bus station does not include a shelter or other structure without walls and a foundation.
Chapter 40A, of the General Laws, as so appearing, is hereby amended by adding the following section:-
Section 18. (a) Any zoning regulations adopted pursuant to Chapter 40A shall allow, as of right and with no minimum parking requirements for dwelling units, mixed-use development or multifamily housing with a minimum gross density of 15 units per acre, subject to any further limitations imposed by section 40 of chapter 131 and title 5 of the state environmental code established pursuant to section 13 of chapter 21A, and be located not more than 0.5 miles from a commuter rail station, subway station, ferry terminal or bus station, if applicable.
(b) Any zoning regulations adopted pursuant to Chapter 40A shall allow, as of right and with no minimum parking requirements for dwelling units, multifamily housing with a minimum gross density of 15 units per acre, subject to any further limitations imposed by section 40 of chapter 131 and title 5 of the state environmental code established pursuant to section 13 of chapter 21A, and be located not more than 0.25 miles from an eligible location.
(c) Any development permitted pursuant to subsections (a) or (b) which includes ten or more residential units shall set aside a minimum of fifteen percent of the residential units to households earning at or below 80% of the Area Median Income or a minimum of ten percent of the residential units to households earning at or below 50% of the Area Median Income as determined by the U.S. Department of Housing and Urban Development.
(d) If a municipality fails to adopt new regulations or amend existing regulations to comply with the provisions of this section by January 1, 2025, any noncompliant existing regulation shall become null and void and such municipality shall approve or deny applications in accordance with the requirements for regulations set forth in the provisions of this section until such municipality adopts or amends a regulation in compliance with this section.
(e) A municipality shall not use or impose standards to discourage, through unreasonable costs or delays, the development of housing described in this section.
Section 3: Section 1A of chapter 40A of the General Laws, as so appearing, is hereby amended so that the definition of an accessory dwelling unit is:
“Accessory dwelling unit”, a self-contained housing unit, inclusive of sleeping, cooking and sanitary facilities, incorporated within the same structure as a primary dwelling unit or in a detached accessory structure that: (i) maintains a separate entrance, either directly from the outside or through an entry hall or corridor shared with the principal dwelling sufficient to meet the requirements of the state building code for safe egress and (ii) is not larger in floor space than ½ the floor space of the primary dwelling unit or 900 square feet, whichever is greater.
Section 3 of chapter 40A of the General Laws, as so appearing, is hereby amended by inserting after the last paragraph the following paragraphs:
No zoning ordinance or by-law shall prohibit or require a special permit for the use of land or structures for an accessory dwelling unit, or the rental thereof, in a residential or mixed-use zoning district.
The use of land or structures for an accessory dwelling unit may be subject to reasonable regulations, including but not limited to dimensional setbacks, short-term rentals of accessory dwelling units and the bulk and height of structures. However, a locality may not impose an ordinance that requires any of the following:
a. Minimum floor space standards greater than is required by state law, as established in the state sanitary code, chapter II
b. Maximum height standards less than 16 feet high
c. Rear or side setback standards that exceed what is permitted under the local zoning code for the primary dwelling or what is applicable to the primary dwelling unit if it is a legally existing non-conforming unit
d. Minimum lot size standards
e. Discretionary design criteria distinct to ADUs that are not imposed on other residential buildings in that district.
f. Off-street automobile parking requirements and minimum parking requirements greater than 1 per unit. Parking requirements may be satisfied through tandem driveway parking.
g. Requirements that the owner of the property reside in either the primary dwelling or the accessory unit.
An accessory dwelling unit shall not be considered to exceed the allowable density for the lot upon which it is located.
Municipalities must adopt the naming convention and definition of an ADU as established herein.
A municipality that does not adopt an ordinance that permits Accessory Dwelling Units as specified in this section shall be subject to the standards established herein. Municipalities are encouraged to adopt less restrictive ordinances.
The Department of Housing and Community Development shall create and implement guidelines for which municipal regulations are permissible.
Nothing in this paragraph shall authorize an accessory dwelling unit to violate the environmental, building, fire, health or sanitary codes, historic or wetlands laws, or ordinances or by-laws.
Section 4: The following section is added to Chapter 40A of the Massachusetts General Laws:-
Section 19. (a) The purpose of this section shall be to promote and incentivize the reuse of vacant commercial parcels and properties for residential and mixed-use housing, by removing barriers to housing development and establishing a streamlined, ministerial approval process for those types of developments.
(b) A development proponent may submit an application for a housing development that shall be a use by right and that shall be subject to a streamlined, ministerial review established under section (d) if the proposed residential or mixed-use development satisfies all of the requirements established in section (c).
For the purposes of this section, "Vacant commercial parcel" shall mean any parcel of land zoned for commercial or mixed-use that has no legal structures or improvements on it. "Vacant commercial property" shall mean a commercial or mixed-use building that is not currently legally occupied or in which no person(s) or entity conducts a lawfully licensed business.
(c) A development project shall be subject to the streamlined, ministerial review process provided by section (d) if the proposed development satisfies all of the following criteria:
1. It is located within a vacant property or on a vacant parcel in an area zoned for commercial or mixed-use purposes.
2. At least 20% of the residential floor space area is dedicated to units affordable to households earning up to 80% of the area median income as determined annually by the U.S Department of Housing and Urban Development
3. The development is a multi-family housing project
4. The development meets all applicable state environmental, fire, building health and sanitary codes, historic or wetlands laws, and any other applicable state ordinances or by-laws.
5. The residential density for the development either:
a. Meets or exceeds the minimum allowable residential density for the existing zoning designation for the parcel if existing zoning allows multifamily residential use; or
b. Meets or exceeds the minimum allowable residential density for the nearest zoning district that permits multi-family housing, if the current zone does not allow multi-family residential use
6. The development meets the objective zoning standards for the applicable zone established in subsection 5.
For the purposes of this section, objective zoning standards shall mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official before submittal. The applicable objective standards shall be those in effect at the time that the development application is submitted to the local government pursuant to this article.
No zoning ordinance or by-law may impose minimum automobile parking requirements, maximum density requirements or subjective design standards on a development application submitted pursuant to this section.
For the purposes of this section, subjective design standards shall mean standards that can be interpreted multiple ways, such as compatibility with neighboring properties or promoting harmony and balance in the community.
(d) If the local government determines that the proposed development meets the criteria established in section (c), it shall approve the project.
If the local government determines that the proposed development does not meet the criteria established in section (c), it shall provide the development proponent written documentation of which standard or standards the development conflicts with, and an explanation for the reason or reasons the development conflicts with that standard or standards, within the 60 days. If the local government fails to do so, the project shall be granted automatic approval.
Review of the application shall be conducted by the local agency, official, or board responsible for approving or rejecting housing development projects. That review shall be objective and be strictly focused on assessing compliance with the criteria established in section (c), as well as any reasonable objective standards published and adopted by ordinance or resolution by a local jurisdiction, except those prohibited in section (c).
A local government may adopt an ordinance to implement the provisions of this article.
The Department of Housing and Community Development shall publish guidelines and coordinate with local governments to ensure compliance with the application process established by this law.
Section 5: Section 5 of Chapter 40A of the General Laws, as so appearing, is amended by inserting in paragraph 5 the following after "in accordance with section 3 of chapter 40R.”:-
(5) an inclusionary zoning ordinance or bylaw, that shall not unduly constrain the production of housing in the area impacted by the inclusionary zoning ordinance or bylaw. The Department of Housing and Community Development shall be responsible for developing guidelines to ensure that municipalities do not adopt inclusionary zoning ordinances or bylaws that constrain the production of housing in that community.
Section 6: The secretary of housing and economic development, secretary of energy and environmental affairs, the secretary of transportation, and the executive director of the Massachusetts Development Finance Agency shall jointly submit a report to the joint committee on housing identifying greyfields sites across the commonwealth, options for redevelopment or reuse that may include housing, public use or facilities, mixed use development, or natural restoration and open space, and identify programs within the appropriate state and quasi-public agencies that can be used to support communities in repurposing underutilized land.
For the purposes of this act, the term "greyfields" may include, but is not limited to, land with development that is outdated, underutilized, failing, or vacant, including commercial, residential, and industrial properties. This term may also include land that is owned by the Commonwealth, its agencies, or its political subdivisions.
Section 7: Section 34 of Chapter 7C of the General Laws, as so appearing, are hereby amended by inserting the following paragraph:-
(c) Prior to disposition of publicly owned real property of the commonwealth pursuant to chapter 7C, the commissioner of capital asset management and maintenance in coordination with the secretary of the executive office of housing and economic development shall determine whether such real property shall be made available for low or moderate income housing pursuant to this chapter. In making such determination the commissioner and the secretary shall take into account the following factors:
(i) existing zoning that limits the siting of low or moderate-income housing in the city or town in which the publicly owned real property is located;
(ii) financial or other deterrents to the production of low or moderate-income housing in the city or town in which the real property is located; and
(iii) ensuring that real property for disposition under this chapter is fairly made available to all regions of the commonwealth, including gateway municipalities, rural areas and suburban areas.
Upon making the determination that publicly owned real property shall be made to available for disposition under this chapter, the commissioner and the secretary shall, notwithstanding chapter 7C or any other law to the contrary, declare the property available for development of low or moderate-income housing in accordance with this chapter.
Section 8: Section 13 of chapter 21A, as so appearing, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-
“A board of health may adopt a local on-site sewage disposal systems regulation, only to the extent that it imposes standards or other requirements that are more stringent than or otherwise exceed those set forth in Title 5 of the State Environmental Code, 310 CMR 15.000, and only if, prior to adoption by the board of health, the Department of Environmental Protection shall review and approve any such proposed on-site sewage disposal systems regulation based upon findings that the proposed regulation has a generally recognized scientific basis, is a recommended best practice technique, is necessary to protect unusual local resources that warrant special or enhanced protection, and does not conflict with Title 5 of the State Environmental Code, 310 CMR 15.000.”
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[{'Description': 'S858 -- Cambridge', 'DownloadUrl': 'http://malegislature.gov/api/DownloadReport?attachmentId=16235&title=S858%20--%20Cambridge'}]
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An Act promoting fair housing by preventing discrimination against affordable housing
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S859
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SD496
| 193
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{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-16T22:18:08.403'}
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[{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-16T22:18:08.4033333'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-07T16:32:01.0933333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S859/DocumentHistoryActions
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Bill
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By Mr. Cyr, a petition (accompanied by bill, Senate, No. 859) of Julian Cyr and Sal N. DiDomenico for legislation to promote fair housing by preventing discrimination against affordable housing. Housing.
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Section 4 of chapter 151B of the General Laws, as so appearing, is hereby amended by adding the following new paragraph:-
20. For a local or state administrative, legislative or regulatory body or instrumentality to engage in a discriminatory land use practice. For the purposes of this paragraph, a “discriminatory land use practice” shall mean: (i) enacting or enforcing any land use regulation, policy or ordinance; (ii) making a permitting or funding decision with respect to housing or proposed housing; or (iii) taking any other action the purpose or effect of which would limit or exclude: (a) housing accommodations for families or individuals with incomes at or below 80 per cent of the area median income as defined by the United States Department of Housing and Urban Development; (b) housing accommodations with sufficient bedrooms for families with children including those with more than two bedrooms; or (c) families or individuals based on race, color, religious creed, national origin, sex, gender identity, sexual orientation, which shall not include persons whose sexual orientation involves minor children as the sex object, age, genetic information, ancestry, marital status, veteran status or membership in the armed forces, familial status, disability condition, blindness, hearing impairment or because a person possesses a trained dog guide as a consequence of blindness, hearing impairment or other handicap.
It shall not be a violation of this chapter if a local or state government entity whose action or inaction has an unintended discriminatory effect proves that the action or inaction was motivated and justified by a substantial, legitimate, nondiscriminatory, bona fide governmental interest and that the government entity is unable to prove that those interests cannot be served by any other policy or practice that has a less discriminatory effect; or (ii) demonstrates that it has consistently supported housing described in (iii) above and that the entity’s action or inaction was motivated and justified by a substantial, legitimate nondiscriminatory bona fide governmental interest.
Any person or class of persons claiming to be aggrieved by a violation of this Section may institute and prosecute a civil action in the District, Superior, Housing, Probate or Land Court Department for injunctive and other appropriate equitable relief including an award of actual damages, including, where the violation includes intentional discrimination, an award of punitive damages. This civil action must be filed not later than three years after a violation of this section. Any aggrieved person who prevails in an action authorized by this Section shall be entitled to an award of the costs of the litigation including expert witness fees, reasonable attorneys' fees in an amount to be fixed by the court, and prejudgment and post judgment interest. The attorney general may, in like manner, also commence a civil action to seek relief for a violation of this Section. Nothing in this Section is intended to require a person seeking to enforce the protections afforded herein to exhaust any administrative remedies applicable to discrimination claims under this Section or other laws, or to prevent or limit a person from filing a complaint at the Massachusetts Commission Against Discrimination.
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An Act improving emergency housing assistance for children and families experiencing homelessness
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S86
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SD185
| 193
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{'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-11T18:26:41.79'}
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[{'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-11T18:26:41.79'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-09T10:54:06.5233333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-16T11:38:02.0866667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-03-02T17:23:44.5833333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-06T09:59:17.3'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-03-13T12:14:52.46'}, {'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-04-06T16:17:43.21'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-05-09T19:15:08.0933333'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-06-08T12:26:43.1'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S86/DocumentHistoryActions
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Bill
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By Mr. Gomez, a petition (accompanied by bill, Senate, No. 86) of Adam Gomez, Sal N. DiDomenico, Joanne M. Comerford, Rebecca L. Rausch and others for legislation to improve emergency housing assistance for children and families experiencing homelessness. Children, Families and Persons with Disabilities.
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SECTION 1. Section 30 of chapter 23B of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the first sentence the following sentence:-
The department shall provide emergency housing assistance to eligible families, including but not limited to families who on the date of application for emergency assistance have an immediate need, and who but for not having spent 1 night in a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings, including but not limited to a car, park, abandoned building, medical facility, bus or train station, airport or camping ground, would be eligible for emergency assistance.
SECTION 2. Said Section 30 of chapter 23B, as so appearing, is hereby further amended by inserting after subsection (F) the following subsection:-
(G)(a) For purposes of this section, “immediate need” shall mean a family has no immediate and feasible housing alternative; provided further that a family’s self-declaration of immediate need shall be sufficient to establish eligibility for immediate housing placement.
(b) On the same business day in which any family requests emergency housing assistance, the department shall inquire whether the family is in immediate need of emergency housing assistance. If the family is determined to be in immediate need of emergency housing assistance, the department shall offer the family shelter placement to begin that same business day, unless the department possesses specific information confirming that the family is not eligible for emergency housing assistance, in which case the department shall on that same day generate a written notice of denial including the reasons for the denial, the specific regulations supporting the denial, and an explanation of the right to appeal.
SECTION 3. Said Section 30 of chapter 23B, as so appearing, is hereby further amended by inserting the following subsection:-
(H) The department shall issue no denial based in whole or in part on the need for further verification of the family’s eligibility for emergency housing assistance.
The department and the department of transitional assistance shall, within 30 days of enactment of this subsection, execute any memorandum of understanding, interdepartmental service agreement, or other document that may be necessary in order for department staff to access the BEACON database or any successor database maintained by the department of transitional assistance. Within 30 days of such execution, the department and the department of transitional assistance shall ensure that all department staff involved in determining families’ eligibility for emergency housing assistance shall have access to any and all data maintained by the department of transitional assistance that may be necessary to ascertain a family’s eligibility for emergency housing assistance. The department shall review all available data held by the department of transitional assistance and shall only require that the family present such documentary verification for eligibility factors that cannot be ascertained through review of data from the department of transitional assistance.
When the department offers a family an immediate shelter placement pursuant to subsection (G) above and does not have in its possession sufficient information to make a full determination of eligibility, including through review of data held by the department of transitional assistance, the department shall notify the family of the specific verification needed; the time period for the verification, not to be less than thirty calendar days from the date on which the family receives actual notice of the verification needed;and the consequences of late or missing verifications. Such notice shall be in writing and shall be delivered to the family in hand by the department or its contracted shelter provider.
SECTION 4. Said Section 30 of chapter 23B, as so appearing, is hereby further amended by inserting the following subsection:- (I) The department shall promulgate any rules or regulations which may be necessary to carry out subsections (G) and (H) of this section.
SECTION 5. Said Section 30 of chapter 23B, as so appearing, is hereby further amended by inserting the following subsection:-
(J) For the duration of any COVID-19 state of emergency and subsequent states of emergency and for at least 90 days thereafter, the department shall use its authority to allow applicants to self-certify documentation verifying their eligibility for emergency housing assistance; shall cease from terminating all emergency housing assistance program benefits; and shall waive the existing 12-month ban on re-entering emergency housing assistance for any family who meets other eligibility requirements.
SECTION 6. Said Section 30 of chapter 23B, as so appearing, is hereby further amended by inserting the following subsection:-
(K)(a) For purposes of subsections (K) through (M), “applicant” shall mean any person who requests services in programs referenced to in subsection (K)(b) through any means, including but not limited to telephone, electronic means, or in person from the initial point of contact; “participant” shall mean any person engaged in programs referenced to in subsection (K)(b) up until the point at which any such person shall have exhausted appeal rights regarding any termination from the program; “application” shall mean an initiated request for services.
(b) There shall be established an ombudsperson unit within the executive office of housing and economic development to liaise between families and two programs located within the department of housing and community development. The ombudsperson unit shall be directed towards the emergency assistance shelter program and related short-term housing transition programs as provided in Chapter 4 of the Acts of 2009 and Chapter 23, and any successor programs.
Applicants to and participants of both the emergency assistance and the Massachusetts short-term housing transition program shall be able to access the ombudsperson. The ombudsperson shall act as an independent mediator and advocate for all applicants and participants in either program.
SECTION 7. Said Section 30 of chapter 23B, as so appearing, is hereby further amended by inserting the following subsection:-
(L) The ombudsperson shall mediate between any applicant or participant and the department of housing and community development when conflicts or misunderstandings arise. The ombudsperson shall advocate for any applicant or participant when such applicant or participant requests such services in order to review a denial or termination of services. For applicants, the ombudsperson shall advocate in instances including but not limited to extraneous document requests, inability to contact the department by telephone, delays in placement, and denials.
SECTION 8. Said Section 30 of chapter 23B, as so appearing, is hereby further amended by inserting the following subsection:-
(M) The ombudsperson unit shall have access to all initiated, partially completed, and completed applications in order to assess applicants’ and participants’ requests; provided further the ombudsperson shall have access to all submitted documentation as well as case information in the All Service Integrated System Tracker (ASIST) database and any successor database as well as shelter provider notes, department of children and families and domestic violence assessments, and sub-contracted provider notes.
SECTION 9. Said Section 30 of chapter 23B, as so appearing, is hereby further amended by inserting the following subsection:-
(N) The ombudsperson unit shall annually develop a report describing: (1) the number of requests received in the preceding 12-month period; (2) the number of such requests that pertained to the emergency assistance program; (3) the number of such requests that pertained to the Massachusetts short-term housing transition program; (4) the number of such requests that pertained to issues arising during the application process; (5) the number of such requests that pertained to participants’ experiences at any time after initial entry into the program in question, broken down by program; or issues that result as part of programmatic participation; (6) the nature of all such requests; (7) the resolution of all such requests; (8) the race and ethnicity of each requestor; and (9) the length of time to resolve requests for each program and identifies whether the request involved application issues or program participation issues. This report shall be filed with the Clerks of the House of Representatives and the Senate, and shall be filed with the Joint Committee on Housing and the House and Senate Committees on Ways and Means, on or before the first of February of each year.
SECTION 10. Not more than twelve months after establishing the ombudsperson unit, and annually thereafter, the joint committee on ways and means and the joint committee on housing shall hold an oversight hearing to investigate, analyze and discuss the data collected and the efficacy of the ombudsperson unit in resolving requests.
SECTION 11. This act shall take effect upon its passage.
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An Act relative to attainable housing in seasonal communities
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S860
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SD1033
| 193
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{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-18T18:53:44.433'}
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[{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-18T18:53:44.4333333'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-02-07T16:32:14.5966667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S860/DocumentHistoryActions
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Bill
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By Mr. Cyr, a petition (accompanied by bill, Senate, No. 860) of Julian Cyr and Lydia Edwards for legislation relative to attainable housing in seasonal communities. Housing.
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SECTION 1. Notwithstanding any general or special law to the contrary, the department of housing and economic development shall give special consideration to the following relative to counting otherwise non-qualified projects as part of the overall percentage for a municipality for the purposes of their subsidized housing inventory: (1) 1 bedroom housing units in municipalities that can demonstrate their low income housing needs are not limited to 2, 3 and 4 bedroom units; (2) projects in municipalities within the commonwealth with an average home price that is 100 per cent greater than the statewide median home price; (3) covenant housing within the town of Nantucket; and (4) developments of low-income units in bordering municipalities or a distinct geographic region where both municipalities have invested community preservation act funds or funds from a municipal housing trust.
SECTION 2. Section 6 of chapter 44B of the General Laws, as appearing the 2020 Official Edition, is hereby amended by inserting after the word “purpose”, in line 23, the following words:-
“; provided, however, that funds for open space or historic preservation that have not been expended for not less than three consecutive fiscal years may be transferred by the chief executive authority of the municipality for community housing, waste water infrastructure or water infrastructure by a majority vote of the legislative body”
SECTION 3. Section 1A of chapter 40A of the General laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following definition:-
“Tiny house”, a detached structure containing a dwelling unit with no more than 600 square feet, excluding the area of any floor level located above the main floor, intended for year round occupancy that meets the requirements of chapter 143, and may include single-room structures, and which is built on either a permanent foundation or on a chassis that is suitable for registration for transport on public highways of the state.
SECTION 4. Section 3 of chapter 40A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following paragraph:-
“A municipality that permits accessory dwelling units pursuant to this section shall permit a tiny house as a detached accessory dwelling unit; provided, however, that such land or structures may be subject to reasonable regulations concerning dimensional setbacks, screening and the bulk and height of structures; provided, however, that a tiny house used for habitation shall be connected to a public water system or a private well, and to a public sewer system or a subsurface wastewater disposal system that has been approved by the Massachusetts department of environmental protection. A zoning ordinance or by-law may require that the principal dwelling or the accessory dwelling unit be continuously owner-occupied and may limit the total number of accessory dwelling units in the municipality to not less than 5 per cent of the total non-seasonal single-family housing units in the municipality.”
SECTION 5. Chapter 40 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting, after section 60B, the following new section:-
60C. A city or town, by vote of its town meeting, town council or city council, with the approval of the mayor where required by law, on its own behalf or in conjunction with one or more cities or towns, may exempt from property taxation, under chapter 59, a dwelling unit that is rented on a yearly basis, and occupied year-round, for an amount not to exceed 150 per cent the fair market rent established by the United States Department of Housing and Urban Development for the metropolitan statistical area. The owner of a dwelling qualifying for exemption under this section shall submit to the municipality or its agent documentation, including but not limited to a signed lease, necessary to confirm the eligibility of the rental.
The amount of the exemption shall be determined by the municipality but shall not exceed an amount equal to the tax otherwise owed on the property based on the assessed value of the property, including accessory dwelling units, multiplied by the square feet of the living space of all dwelling units on the property that qualify under this section, divided by the total square feet of structures on the property.
SECTION 6. Chapter 23B of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following new section:-
Section 31. (a) For purposes of this section:
“Affordable rental housing” means housing that serves persons with a household income of less than 120 per cent of median income for a municipality; and
“Qualified developer” means a developer that has partnered with a school district or municipality to create affordable rental housing for school district or municipal employees.
(b)The department, or any division within the department, may enter into long-term financing agreements with school districts, municipalities and qualified developers for the creation of affordable rental housing for municipal employees.
(c) Payment on a finance agreement under this section shall be deferred until the affordable rental housing that is financed is put into service and the school district or municipality begins collecting rent from the occupants of that affordable rental housing.
SECTION 7. Chapter 60 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting, after section 37B, the following new section:-
Section 37C. A property subject to sale under section 37 of this chapter that contains three (3) or less units, the department of housing and community development, shall have a right of first refusal to acquire the tax lien at tax sale, and may assist the owner to discharge the lien or take title and acquire the property in its own name pursuant to regulations to be developed by the corporation, consistent with its purposes. The corporation shall notify the collector of its intention to exercise this right no later than 10 days before the date of sale or any adjournment of the sale. Failure of the corporation to notify the collector as provided herein shall extinguish the right of first refusal under this section.
SECTION 8. Notwithstanding any general or special law to the contrary, a special commission is hereby established for the purposes of making an investigation and study relative to the impact of the state building code, fire code, health code, and sanitary code on the availability of affordable housing in the Commonwealth and to whether or not the building code, fire code, health code, or sanitary code may be amended to promote the development of housing that is affordable for a majority of residents. The commission shall consist of: 2 members of the senate to be appointed by the president of the senate; 2 members of the house to be appointed by the speaker of the house; and 9 persons appointed by the governor, 1 of whom shall be a representative of the Home Builders and Remodeler’s Association of Massachusetts, 1 of whom shall be a representative of the Massachusetts Association of Realtors, 1 of whom shall be a representative of MassHousing, 1 of whom shall be a representative of the department of housing and community development, 1 of who shall be a representative of the Building Code Coordinating Council, 1 of whom shall be a representative of the Massachusetts Association of Community Development Corporations, 1 of whom shall be a contractor with experience in building tiny homes, 1 of whom shall be an individual who resides in a tiny home, and 1 of whom shall be an individual who resides in an accessory dwelling unit.
All appointments shall be made not later than 30 days after the effective date of this act. Members shall not receive compensation for their services but may receive reimbursement for the reasonable expenses incurred in carrying out their responsibilities as members of the commission.
Not later than December 1, 2024, the commission shall report to the general court the result of its investigation and study and its recommendations, if any, together with drafts of legislation necessary to carry its recommendations into effect by filing the same with the clerk of the house of representatives who shall forward the same to the joint committee on housing and the joint committee on community development and small businesses.
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An Act relative to year-round housing occupancy restriction
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S861
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SD1040
| 193
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{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-18T19:13:45.82'}
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[{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-18T19:13:45.82'}, {'Id': 'SKP1', 'Name': 'Sarah K. Peake', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SKP1', 'ResponseDate': '2023-01-25T11:46:16.8966667'}, {'Id': 'KAD1', 'Name': 'Kip A. Diggs', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KAD1', 'ResponseDate': '2023-04-24T16:03:18.0666667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S861/DocumentHistoryActions
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Bill
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By Mr. Cyr, a petition (accompanied by bill, Senate, No. 861) of Julian Cyr and Sarah K. Peake for legislation relative to year-round housing occupancy restriction. Housing.
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SECTION 1. Section 26 of chapter 184 of the Massachusetts General Laws is hereby amended by deleting in the eight line of the first paragraph of this section after “agricultural preservation” the following word: “and,” and inserting at the end of the eighth line of the first paragraph of this section the following words:- “and year-round housing occupancy,” and at the beginning of the eleventh line of the first paragraph of this section after “housing the following words- “year-round housing occupancy.”
SECTION 2. Section 31 of said chapter of the Massachusetts General Laws is hereby amended by adding after the fifth paragraph the following paragraph:- “A year-round housing occupancy restriction means a right, whether or not stated in the form of a restriction, easement, covenant, condition in any deed, mortgage, will, agreement, or other instrument executed by or on behalf of the owner of the land appropriate to (a) limiting the use of all or part of the land to residential housing occupancy by persons or families who occupy either rental or ownership housing as their primary residence for not less than 11 months during any 1-year period, or (b) in any way limiting or restricting the use or enjoyment of all or any portion of the land for the purpose of encouraging or assuring creation or retention of rental and ownership housing for occupancy to persons or families who occupy either rental or ownership housing as their primary residence for not less than 11 months during any 1-year period.”
SECTION 3. Section 32 of said chapter of the Massachusetts General Laws is hereby amended by inserting in the tenth line of the first paragraph of this section after “low and moderate income” the following words: - “and no year-round housing occupancy restriction as defined in said section thirty-one held by any governmental body or by a charitable corporation or trust whose purposes include creating or retaining or assisting in the creation or retention of rental or ownership housing (a) for year-round occupancy by persons or families who occupy either rental or ownership housing as their primary residence for not less than 11 months during any 1-year period, or (b) for year-round occupancy for rental or ownership housing by persons or families of low or moderate income,” and by inserting in the twenty-sixth line of the first paragraph of said section after “restriction” the following words:- “or a year-round housing occupancy restriction,” and at the end of the first paragraph by adding the following words:- “or a year-round housing occupancy restriction.”
SECTION 4. Section 32 of said chapter of the Massachusetts General Laws is hereby amended by deleting at the end of the first line in the second paragraph of this section the following word: - “and” and inserting in the second line of the second paragraph of this section after “housing”, the following words:- “and year-round housing occupancy.”
SECTION 5. Section 32 of said chapter of the Massachusetts General Laws is hereby amended by striking at the end of the third line of the fifth paragraph of this section the following word: - “or” and inserting in the fourth line of the fifth paragraph of this section, after “housing” the following words:- “or year-round housing occupancy restriction.”
SECTION 6. This act shall take effect upon its passage.
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An Act relative to year-round housing
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S862
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SD2329
| 193
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{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-20T15:49:33.223'}
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[{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-20T15:49:33.2233333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S862/DocumentHistoryActions
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Bill
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By Mr. Cyr, a petition (accompanied by bill, Senate, No. 862) of Julian Cyr for legislation relative to year-round housing. Housing.
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Any property that meets the minimum square footage for habitability under the state sanitary code shall be permitted to be used as year-round housing. Any property that would otherwise be habitable, including but not limited to tiny houses, accessory dwelling units, or rooms in a hotel, motel, or motor inn, which have individual bathrooms and kitchen facilities, may be used for year-round housing, regardless of any municipal bylaw that imposes a higher minimum square footage than the state sanitary code for year-round habitability. This section shall preempt any local bylaw that prohibits the year-round habitability of property as set forth herein.
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An Act relative to reforming the housing development incentive program
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S863
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SD705
| 193
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{'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-17T21:08:07.933'}
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[{'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-17T21:08:07.9333333'}, {'Id': 'JAG2', 'Name': 'Judith A. Garcia', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG2', 'ResponseDate': '2023-03-14T21:16:48.8066667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-13T11:42:15.77'}, {'Id': 'PLC1', 'Name': 'Peter Capano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PLC1', 'ResponseDate': '2023-04-12T13:32:46.8366667'}]
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Bill
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By Mr. DiDomenico, a petition (accompanied by bill, Senate, No. 863) of Sal N. DiDomenico for legislation relative to reforming the housing development incentive program. Housing.
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SECTION 1. Section 1 of Chapter 40V of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word "units" the following words:- ", and not less than 20 per cent affordable: (i) rental units for persons whose income is not more than 50 per cent of the area median income; or (ii) owner-occupied units for persons whose income is not more than 80 per cent of the area median income."
SECTION 2. Section 4 of Chapter 40V of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the words "market rate units", the following words:- "and not less than 20 per cent affordable: (A) rental units for persons whose income is not more than 50 per cent of the area median income; or (B) owner-occupied units for persons whose income is not more than 80 per cent of the area median income."
SECTION 3. Section 5 of said Chapter 40V, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word "rate", in both times it appears, the following words:- "and affordable."
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An Act promoting access to counsel and housing stability in Massachusetts
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S864
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SD1082
| 193
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{'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-18T20:43:22.957'}
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[{'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-18T20:43:22.9566667'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-01-30T10:40:07.4933333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-31T12:26:45.12'}, {'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-02-01T12:48:18.3533333'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-02-02T12:18:12.2'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-02-06T10:41:03.42'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-09T12:24:33.7066667'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-10T09:04:42.4'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-14T11:48:51.8833333'}, {'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-02-17T10:53:57.8466667'}, {'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-02-23T15:07:47.9666667'}, {'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-02-23T15:06:17.09'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-02-23T15:05:29.3466667'}, {'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-02-28T10:59:03.8733333'}, {'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-03-21T12:46:49.21'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-03-21T12:45:34.4233333'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-03-21T12:44:07.13'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-03-22T18:59:05.6766667'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-05-10T09:03:20.6'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-12T17:17:19.72'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-07-12T16:41:58.1333333'}]
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Bill
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By Mr. DiDomenico, a petition (accompanied by bill, Senate, No. 864) of Sal N. DiDomenico, Angelo J. Puppolo, Jr., Jack Patrick Lewis, Brian M. Ashe and other members of the General Court for legislation to promote housing stability and homelessness prevention through a right to counsel pilot program in Massachusetts in response to the COVID-emergency. Housing.
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SECTION 1. Chapter 239 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following sections:
Section 14. For purposes of sections 15 and 16, the following terms shall have the following meanings:
“Advisory committee”, the committee established pursuant to section 15(g).
“Covered proceeding”, an action brought pursuant to chapter 239, chapter 139 section 19, or similar proceedings, including administrative proceedings to terminate a mobile or project-based housing subsidy or public housing tenancy.
“Designated organization”, a not-for-profit organization that is designated by the Massachusetts Legal Assistance Corporation to contract to provide civil legal assistance and to conduct tenant outreach, engagement and education for eligible individuals.
"Eligible individual”, a party in a covered proceeding who is an indigent: (i) tenant or occupant of any premises rented or leased for dwelling purposes; or (ii) owner-occupant of a 1-to-3-family dwelling that is their sole dwelling and located in the Commonwealth.
“Full legal representation”, ongoing legal representation provided by legal counsel in a designated organization to an eligible individual including all legal advice, advocacy, and assistance associated with representation. Full representation includes, but is not limited to, the filing of a notice of appearance on behalf of the eligible individual in a covered proceeding.
“Indigent”, a person who is: (i) receiving public assistance pursuant to: (1) aid to families with dependent children pursuant to chapter 118; (2) the emergency aid program for elderly and disabled residents pursuant to section 1 of chapter 117A; (3) a veterans’ benefits program; (4) Title XVI of the federal Social Security Act; (5) the Supplemental Nutrition Assistance Program, pursuant to 7 U.S.C. chapter 51; (6) refugee resettlement benefits; or (7) Medicaid, pursuant to 42 U.S.C. section 1396, et seq.; or (ii) earning an income, after taxes, that is 80 per cent or less of the current area median income established annually by the United States Department of Housing and Urban Development; or (iii) unable to pay the fees and costs of the covered proceeding in which the person is a party or is unable to do so without depriving said person or said person’s dependents of the necessities of life, including food, shelter and clothing.
“Legal counsel” or “counsel”, lawyer licensed to practice law in the Commonwealth.
“Partner attorney”, an attorney employed by or affiliated with a designated organization who agrees to provide full legal representation pursuant to this act.
“Access to Counsel Program”, a statewide access to counsel program to provide full legal representation to eligible individuals in covered proceedings to be funded by a specifically dedicated general court appropriation.
Section 15.
(a) There shall be a statewide Access to Counsel Program in eviction cases to effectuate the purposes of this act, subject to appropriation, to be specifically funded by the general court and administered by the Massachusetts Legal Assistance Corporation.
(b) With specifically designated funding, the Massachusetts Legal Assistance Corporation shall establish an Access to Counsel Program to provide free legal assistance and full representation to eligible individuals in covered proceedings.
(c) The Massachusetts Legal Assistance Corporation shall issue a request for proposal through a public notice for organizations to submit proposals to become designated organizations. The notice must delineate an open and transparent process for approving requests with input from the advisory committee. All organizations seeking to become designated organizations shall have the right to apply for funding and must identify the geographic area in which they shall represent eligible individuals. A designated organization may contract with partner attorneys to provide legal assistance and with community organizations to educate and inform tenants about their rights. Such information shall be available in multiple languages to ensure equitable access for linguistic minorities.
(d) Designated Organizations shall: (i) have substantial expertise in housing law and landlord and tenant law and substantial experience furnishing free legal assistance to eligible individuals; (ii) have a demonstrated track record of serving the low-income community, (ii) identify the geographic area in which they shall provide legal representation; (iii) have a plan to reach and provide legal representation to income-eligible persons with limited English proficiency; (iv) provide appropriate supervision and training; (v) incorporate paralegals, legal interns or law students, where possible, to be supervised by legal counsel; and (vi) satisfy other criteria established the Massachusetts Legal Assistance Corporation with input from the advisory committee. Nothing herein shall interfere with any legal counsel carrying out their professional responsibilities to their clients as established in the canons of ethics and the code of professional responsibility adopted by the supreme judicial court.
(e) The Massachusetts Legal Assistance Corporation shall issue a request for proposal for qualified legal aid organizations to coordinate representation of eligible tenants statewide and a request for proposal for a qualified legal aid organization to coordinate representation of eligible owner-occupants. Such organizations shall provide statewide programmatic support and programmatic advocacy in addition to convening statewide trainings and forums for cross-training of attorneys in order to effectuate the purpose of this act.
(f) The Massachusetts Legal Assistance Corporation shall be responsible for exercising oversight, implementing fiscal controls, and for all data collection, deliverables, and ongoing programmatic evaluation.
(g) The Massachusetts Legal Assistance Corporation shall appoint an advisory committee with fifteen members from diverse regions of the Commonwealth that includes, but is not limited to, low-income tenants, low-income owner-occupants, non-profit community-based organizations, statewide advocacy organizations, and municipal officials. Each member shall have a demonstrated commitment to homelessness prevention and housing stability. The advisory committee shall advise on matters and policies affecting the Access to Counsel Program and shall be convened by the Massachusetts Legal Assistance Corporation on a regular basis, but no less than twice a year.
(h) The Massachusetts Legal Assistance Corporation, in consultation with the advisory committee and designated organizations, shall determine how to phase in the access to counsel program over a period of 5 years.
Section 16.
(a) The Massachusetts Legal Assistance Corporation shall submit, with input from the advisory committee, a form to be approved by the Chief Justice of the Supreme Judicial Court that shall be used to notify individuals of their potential eligibility for access to legal counsel in covered proceedings and to the availability of housing stability resources and rental assistance programs. The supreme judicial court shall consider adopting other forms recommended by the Massachusetts Legal Assistance Corporation, with input from the advisory committee, as needed.
(b) Lessors must include or attach the form approved by the supreme judicial court to the notice to quit and summons and complaint for covered proceedings. The trial court shall notify lessors about the required form and lessors’ potential eligibility for legal counsel pursuant to this act. The form must be posted on the trial court’s website.
(c) If an eligible tenant, occupant or owner-occupant did not receive the approved form required pursuant to this section or legal counsel does not have sufficient time to file responsive pleadings, there shall be a reasonable continuation of the proceedings so that the tenant, occupant or owner-occupant can obtain legal assistance to prepare their case.
(d) The supreme judicial court shall approve a written waiver form for the trial court to inform eligible individuals about access to legal counsel in court proceedings in order for eligible individuals to knowingly and voluntarily waive the provisions of this act.
SECTION 2. The general court shall, subject to appropriation, fund an Access to Counsel Program in the Judiciary section of the budget through a specifically dedicated line-item to be administered by the Massachusetts Legal Assistance Corporation to effectuate the purposes of this act.
SECTION 3. The provisions of this act, unless otherwise expressly provided, shall take effect immediately upon passage.
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Whereas, The deferred operation of this act would tend to defeat its purpose, which is to establish forthwith a statewide access to counsel program for evictions to promote housing stability and prevent homelessness and, to respond to a housing emergency that the COVID-19 pandemic has exacerbated, and whereas, evictions lead to homelessness, housing instability, overcrowding, displacement, diminished economic opportunity, and disruption of schooling for children, all of which are associated with negative health, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public safety.
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An Act improving municipal access to general existing housing data
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S865
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SD1742
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{'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-19T15:13:22.067'}
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[{'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-19T15:13:22.0666667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-07T13:07:03.45'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-12T17:17:36.2533333'}]
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Bill
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By Mr. DiDomenico, a petition (accompanied by bill, Senate, No. 865) of Sal N. DiDomenico and James B. Eldridge for legislation to improve municipal access to general existing housing data. Housing.
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SECTION 1 - Chapter 23B of the general laws is hereby amended by adding after section 30, the following section:-
Section 31 – Housing Data Reporting
(a) Notwithstanding any general or special laws to the contrary, the department shall collect and make available to municipalities, state agencies, and other state and regional public entities in a centralized, machine-readable, screen reader-compatible database the following data for each new development with one or more units of subsidized housing in each municipality in the commonwealth:
(i) the total number of units;
(ii) the total number of units with long-term use restrictions limiting occupancy based on income and the total number of market-rate units;
(iii) the total number of units with long-term use restrictions limiting occupancy to households with incomes at or below eighty percent, fifty percent, and thirty percent of area median income, respectively;
(iv) the term and end date of all long-term use restrictions based on income;
(v) the number of bedrooms and bathrooms per unit;
(vi) the gross and livable square footage per unit;
(vii) the location of the development, expressed as an address that can be matched to a geocoded record in a statewide address database maintained by the Commonwealth; provided, that, for scattered site developments, an address and unit count shall be reported for each separate parcel.
(b) Further, the department shall collect and make available to municipalities, state agencies, and other state and regional public entities in said centralized, machine-readable, screen reader-compatible database the following data for each existing development which contains at least one unit of subsidized housing in each municipality in the commonwealth:
(i) the total number of units
(ii) the total number of units with long-term use restrictions based on income
(iii) the term and end date of long-term use restrictions based on income
(iv) the location of the development, expressed as an address that can be matched to a geocoded record in a statewide address database maintained by the Commonwealth; provided, that for scattered site developments, an address and unit count shall be reported for each separate parcel.
(c) The database established by this section shall be regularly maintained and updated, with each datum updated no less than annually for each municipality.
(d) Subsection (b) of section 31 of Chapter 23B of the General Laws is hereby repealed.
(e) Subection (a) of section 31 of Chapter 23B of the General Laws is hereby amended by striking the word “new” where it appears after the word “each”
(f) Subsection (d) and (e) shall take effect December 31, 2025
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An Act to establish an office of fair housing and a fair housing trust fund
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S866
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SD1646
| 193
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{'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-01-19T18:32:26.887'}
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[{'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-01-19T18:32:26.8866667'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-03T15:10:49.43'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-11T11:15:19.6033333'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-13T12:31:38.67'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-08-01T17:03:30.2766667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S866/DocumentHistoryActions
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Bill
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By Ms. Edwards, a petition (accompanied by bill, Senate, No. 866) of Lydia Edwards, Sal N. DiDomenico, James B. Eldridge and Patrick M. O'Connor for legislation to establish an office of fair housing and a fair housing trust fund. Housing.
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SECTION 1. Chapter 6A of the General Laws is hereby amended by adding the following section:-
Section 16DD. (a) As used in this section the following words shall, unless the context clearly requires otherwise, have the following meanings:-
“Office”, the office of fair housing.
“Fair housing trust fund”, the Fair Housing Trust Fund, as established by Chapter 121H.
(b) There shall be an office of fair housing within the executive office housing. The office shall be under the supervision and control of a director of fair housing who shall be appointed by and shall report to the secretary of housing.
(c) The office shall coordinate all activities of the commonwealth to eliminate housing discrimination and affirmatively further fair housing, overcome patterns of segregation, foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics of Chapter 151B, and to help enforce and maintain compliance with all fair housing laws, including, but not limited to, Chapter 151B and the federal Fair Housing Act, 42 U.S.C. 3601 et seq.
(d) The office shall collaborate with the executive offices, state agencies, and the office of the attorney general on fair housing initiatives to address the factors that influence housing discrimination, segregated communities, and disparities in access to opportunity. The executive offices shall include, but not be limited to, the executive office of health and human services, the executive office of economic development, the executive office of public safety and security, the executive office of energy and environmental affairs, the Massachusetts department of transportation, the executive office of labor and workforce development, the executive office for administration and finance, the executive office of technology services and security, and the executive office of education. The office shall facilitate communication and partnership between these executive offices and agencies to develop greater understanding of the intersections between agency activities and fair housing. The office shall facilitate the development of interagency initiatives to address the social and economic determinants of housing disparity issues including, but not limited to: (i) equal access to housing and quality; (ii) housing affordability; (iii) transportation availability, location and cost; (iv) air, water, and land usage and quality; (v) employment and workforce development; (vi) access to healthcare; (vii) education access and quality; and (viii) language access.
(e) The office shall administer the Fair Housing Trust Fund.
(f) The office shall evaluate the effectiveness of programs and interventions to eliminate housing discrimination and to affirmatively further fair housing, identifying best practices and model programs for the commonwealth.
(g) The office shall prepare an annual assessment of fair housing report. The report shall evaluate the progress of the commonwealth toward eliminating housing discrimination and affirmatively furthering fair housing, where possible, quantifiable measures and comparative benchmarks and, where possible, shall detail such progress on a regional basis. The report shall include a description of the activities and outcomes of the Fair Housing Trust Fund. The office shall hold public hearings in several regions of the commonwealth to gather public information on the topics of the report. The report shall be filed with the governor, the clerks of the house of representatives and senate, the chairs of the joint committee on housing not later than July 1. The report shall be posted on the official website of the commonwealth.
SECTION 2. The General Laws are hereby further amended by inserting after Chapter 121G the following section:-
Chapter 121H.
FAIR HOUSING TRUST FUND
Section 1. As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings:-
“Office”, the office of fair housing, established in section 16DD of Chapter 6A.
“Trust fund”, the Fair Housing Trust Fund.
Section 2. There shall be within the office a separate fund to be known as the Fair Housing Trust Fund. The office shall administer the trust fund for the purpose of eliminating housing discrimination and affirmatively furthering fair housing, overcoming patterns of segregation, fostering inclusive communities free from barriers that restrict access to opportunity based on protected characteristics of Chapter 151B, and to helping enforce and maintain compliance with all fair housing laws, including, but not limited to, Chapter 151B and the federal Fair Housing Act, 42 U.S.C. 3601 et seq. Activities eligible for assistance from the trust fund shall include, but not be limited to, private enforcement initiatives, education and outreach initiatives, fair housing testing, lending discrimination, affirmatively furthering fair housing, and special projects.
Section 3. The trust fund shall be overseen by the director of the office and an advisory board composed of at least six members representing those with protected characteristics and at least two experienced civil rights practitioners. The director and advisory board shall set the criteria for selecting grantees.
Section 4. Grantees eligible for assistance shall include, but not be limited to, fair housing assistance programs and fair housing initiative programs, as defined by the U.S. Department of Housing and Urban Development, any private, non-profit agency, or any state-funded public housing authority. Awards from the trust fund shall be for a period of up to three years in an amount not to exceed $1,000,000 over three years or $333,333 in any one year.
Section 5. There shall be credited to the trust fund revenue from appropriations or other monies authorized by the general court and specifically designated for the fund and any gifts, grants, private contributions, investment income earned on the fund’s assets and any other sources. Money remaining in the fund at the end of a fiscal year shall not revert to the General Fund.
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An Act to ensure protections for residents in condominium conversions
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S867
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SD2276
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{'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-01-20T15:03:54.307'}
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[{'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-01-20T15:03:54.3066667'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-03-02T16:50:19.0466667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-08-01T17:03:46.8266667'}]
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Bill
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By Ms. Edwards, a petition (accompanied by bill, Senate, No. 867) of Lydia Edwards and Patricia D. Jehlen for legislation to ensure protections for residents in condominium conversions. Housing.
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Section 3 of chapter 527 of the acts of 1983 is hereby amended by striking out the following words from the definition of “Housing accommodation”:- (iii) buildings containing fewer than four residential units, except for buildings which are part of a housing development as defined herein.
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An Act to eliminate asset limits for homeless shelters
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S868
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SD132
| 193
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{'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-01-11T10:49:40.34'}
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[{'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-01-11T10:49:40.34'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S868/DocumentHistoryActions
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Bill
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By Mr. Eldridge, a petition (accompanied by bill, Senate, No. 868) of James B. Eldridge for legislation to eliminate asset limits for homeless shelters. Housing.
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SECTION 1. Section 30 of chapter 23B of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 48, the words “or personal property”.
SECTION 2. Subsection (B) of said section 30 of said chapter 23B, as so appearing, is hereby amended by inserting after the second paragraph the following paragraph:-
A person shall not be denied assistance under this section based wholly or in part on the amount of the person’s assets; provided, however, that any income generated by such assets may be treated as countable income.
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An Act to reduce the financial barriers to renting homes
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S869
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SD141
| 193
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{'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-01-11T11:13:55.323'}
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[{'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-01-11T11:13:55.3233333'}]
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Bill
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By Mr. Eldridge, a petition (accompanied by bill, Senate, No. 869) of James B. Eldridge for legislation to reduce the financial barriers to renting homes. Housing.
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Subsection (1) of section 15B of chapter 186 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out paragraph (b) and inserting in place thereof the following paragraph:-
(b) At or prior to the commencement of any tenancy, no lessor may require a tenant or prospective tenant to pay any amount in excess of (i) rent for the first full month of occupancy; and (ii) rent for the last full month of occupancy calculated at the same rate as the first month or a security deposit received in accordance with the requirements of this section equal to the first month's rent provided that such security deposit is deposited as required by subsection (3) and that the tenant is given the statement of condition as required by subsection (2); and (iii) the purchase and installation cost for a key and lock.
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An Act providing for coordinated data and assistance to address family homelessness
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S87
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SD190
| 193
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{'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-11T18:43:31.84'}
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[{'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-11T18:43:31.84'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S87/DocumentHistoryActions
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Bill
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By Mr. Gomez, a petition (accompanied by bill, Senate, No. 87) of Adam Gomez for legislation to provide for coordinated data and assistance to address family homelessness. Children, Families and Persons with Disabilities.
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SECTION 1. There shall be an annual comprehensive report on housing instability faced by families in the commonwealth to enable the public to gain an informed understanding of the issue and to efficiently predict and better direct homelessness prevention and housing resources. The report shall be written cooperatively by the executive office of health and human services, the executive office of housing and economic development, the executive office of labor and workforce development and the executive office of education.
The report shall include the following information:
(1) the number of client households that have been identified as homeless and at risk of homelessness by each agency;
(2) the department of housing and community development shall provide the numbers of households receiving emergency assistance also receiving benefits and services from the following programs: (i) the supplemental nutrition assistance program and the transitional aid for families with dependent children program of the department of transitional assistance; (ii) workforce development programs; (iii) programs of the department of children and families; (iv) early intervention services of the department of public health; (v) MassHealth data on income sources for families in shelter and housing instability screening for patients.
(3) To better understand the level of housing stability among HomeBASE participants, the department of housing and community development shall provide the number of households that have received assistance from the HomeBASE program under line item 7004-0108, including, the number of households that were evicted, the number that returned to shelter, the number of households with involvement of the department of children and families and the number with incomes below 150 per cent of the Federal Poverty Level. The department shall coordinate with programs under the executive office of health and human services on matching data sets for the purposes of this report.
(4) The department of early education and care shall provide the number of contracted slots for homeless children and the current utilization, the number of childcare vouchers issued to homelessness households.
(5) All interagency teams or groups that are currently working on issues related to homelessness.
The report shall be filed with the clerks of Senate and House, the chairs of the committees on ways and means, the Interagency Council on Housing and Homelessness and the Learn to Earn Interagency Working group annually on the day assigned for submission of the budget by the governor to the general court under section 7H of chapter 29 of the General Laws.
SECTION 2. The executive office of health and human services, executive office of housing and economic development, executive office of labor and workforce development and executive office of education shall establish a single joint telephone hotline for residents of the commonwealth to receive information and assistance on benefits, eligibility and application processes for all benefit and assistance programs managed by the offices and the connections and relationships between their programs and other programs of the commonwealth.
Each agency of the executive office of health and human services, executive office of housing and economic development, executive office of labor and workforce development and executive office of education shall publicly conspicuously post on their main internet site information on the benefit and assistance programs managed by the agency, including a link or information on how to access a benefits calculator and guide for calculating benefits in relation to incomes. The agencies shall distribute information about the programs, calculator and guide to homelessness service providers in a form appropriate for distribution to their clients. Each state agency of these offices shall provide training for staff and vendors on the benefits calculator in order to help families receiving assistance gain information on the programs to access the programs and optimize their benefits, including avoiding cliff effects due to the income eligibility rules.
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An Act to improve the housing development incentive program
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S870
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SD1562
| 193
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{'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-01-19T17:48:23.767'}
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[{'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-01-19T17:48:23.7666667'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-19T17:49:33.9233333'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-30T14:02:40.9166667'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-02-06T09:06:34.1933333'}, {'Id': 'PLC1', 'Name': 'Peter Capano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PLC1', 'ResponseDate': '2023-02-13T12:23:27.5666667'}, {'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-02-16T09:49:03.25'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-16T09:49:03.25'}, {'Id': 'JAG2', 'Name': 'Judith A. Garcia', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG2', 'ResponseDate': '2023-03-10T16:18:00.7933333'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-04-04T17:01:17.4533333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S870/DocumentHistoryActions
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Bill
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By Mr. Eldridge, a petition (accompanied by bill, Senate, No. 870) of James B. Eldridge, Sal N. DiDomenico, Patricia D. Jehlen, Lydia Edwards and other members of the General Court for legislation to improve the housing development incentive program. Housing.
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SECTION 1. Section 1 of chapter 40V of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “promote”, in line 13, the following words:- "mixed income multi-unit housing".
SECTION 2. Said section 1 of said chapter 40V, as so appearing, is hereby further amended by inserting after the word “neighborhood”, in line 14, the following words:- "and resident."
SECTION 3. Said section 1 of said chapter 40V, as so appearing, is hereby further amended by inserting after the word “development,”, in lines 14 and 15, the following words:- "and benefits to lower income residents without harm from increased rents or displacement caused by HDIP projects."
SECTION 4. Said section 1 of said chapter 40V, as so appearing, is hereby further amended by inserting after the word “multi-unit”, in line 16, the following words:- "mixed income."
SECTION 5. Said section 1 of said chapter 40V, as so appearing, is hereby further amended by inserting after the word “residential”, in line 16, the following words:- "new construction or substantial".
SECTION 6. Said section 1 of said chapter 40V, as so appearing, is hereby further amended by striking out, in line 17, the words “and once rehabilitated,” and inserting in place thereof the following word:- "which".
SECTION 7. Said section 1 of said chapter 40V, as so appearing, is hereby further amended by striking out, in line 18, the words “at least” and inserting in place thereof the words:- "not more than".
SECTION 8. Said section 1 of said chapter 40V, as so appearing, is hereby further amended by inserting after the words “market rate units”, in line 18, the following words:- "and not less than 20 per cent permanently affordable units".
SECTION 9. Said section 1 of said chapter 40V, as so appearing, is hereby further amended by inserting after the word “for”, in line 20, the following words:- "mixed income".
SECTION 10. Said section 1 of said chapter 40V, as so appearing, is hereby further amended by striking out, in line 21, the following words:- "market rate".
SECTION 11. Said section 1 of said chapter 40V, as so appearing, is hereby further amended by inserting after the definition of “Substantial rehabilitation” the following two definitions:- “Mixed income development”, a development with not more than 80 per cent market rate units and not less than 20 per cent permanently affordable units.
“Permanently affordable unit”, a residential unit for: (i) renter households with incomes up to 50 per cent of HUD determined area median income and (ii) homeowners with incomes up to 80 per cent of area median income.
SECTION 12. Clause (iii) of subsection (a) of section 4 of said chapter 40V, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “zone”, in line 7, the following words:- "that is either distressed or in need of mixed income housing;".
SECTION 13. Clause (iv) of subsection (a) of said section 4 of said chapter 40V, as so appearing, is hereby amended by striking out, in line 8, the words “at least” and inserting in place thereof the following words:- "not more than".
SECTION 14. Clause (iv) of subsection (a) of said section 4 of said chapter 40V, as so appearing, is hereby further amended by inserting after the words “market rate units”, in line 8, the following words:- and not less than 20 per cent permanently affordable units.
SECTION 15. Subclause (C) of clause (ii) of subsection (b) of said section 4 of said chapter 40V, as so appearing, is hereby amended by inserting after the word ”growth”, in line 41, the following word:- and.
SECTION 16. Said subclause (C) of said clause (ii) of said subsection (b) of said section 4 of said chapter 40V, as so appearing, is hereby further amended by inserting after the word “neighborhood”, in line 42, the following words:- and resident.
SECTION 17. Said subclause (C) of said clause (ii) of said subsection (b) of said section 4 of said chapter 40V, as so appearing, is hereby further amended by inserting after the word “stabilization”, in line 42 the following words:- and benefiting lower income residents without harm from increased rents or displacement caused by the HDIP project.
SECTION 18. Clause (iii) of subsection (e) of said section 4 of said chapter 40V, as so appearing, is hereby amended by inserting after the word “the”, in line 90, the following words:- project name,.
SECTION 19. Said clause (iii) of said subsection (e) of said section 4 of said chapter 40V, as so appearing, is hereby further amended by inserting after the word “rents”, in line 91, the following words:- or prices,.
SECTION 20. Said clause (iii) of said subsection (e) of said section 4 of said chapter 40V, as so appearing, is hereby further amended by inserting after the word “units,”, in line 91, the following words:- number of bedrooms in each unit.
SECTION 21. Said clause (iii) of said subsection (e) of said section 4 of said chapter 40V, as so appearing, is hereby further amended by striking out , in line 93, the figure “60” and inserting in place thereof the following figure :- 50.
SECTION 22. Said clause (iii) of said subsection (e) of said section 4 of said chapter 40V, as so appearing, is hereby further amended by inserting after the word “project,”, in line 100, the following words:- and the amount and duration of the property tax exemption.
SECTION 23. Section 5 of said chapter 40V, as so appearing, is hereby amended by inserting after the words “market rate units”, in line 4, the following words:- and permanently affordable units.
SECTION 24. Said Section 5 of said chapter 40V, as so appearing, is hereby further amended by inserting after the first sentence the following sentence:- The department shall award credits competitively using a published HDIP credit allocation plan containing a scoring process with clear criteria developed after a public notice and comment process and shall be reviewed at least every 5 years.
SECTION 25. Clause (i) of said section 5 of said chapter 40V, as so appearing, is hereby amended by inserting after the word “for”, in line 8 the following words:- HDIP mixed income.
SECTION 26. Clause (ii) of said section 5 of said chapter 40V, as so appearing, is hereby amended by inserting after the word “will”, in line 11, the following words:- increase the supply of and.
SECTION 27. Said clause (ii) of said section 5 of said chapter 40V, as so appearing, is hereby further amended by inserting after the word “encourage”, in line 11, the following words:- mixed income multi-unit.
SECTION 28. Said clause (ii) of said section 5 of said chapter 40V, as so appearing, is hereby further amended by striking out, in line 11, the words “expansion of” and inserting in place thereof the following word:- expand.
SECTION 29. Said clause (ii) of said section 5 of said chapter 40V, as so appearing, is hereby further amended by inserting after the word “neighborhood”, in line 12, the following words:- and resident.
SECTION 30. Said clause (ii) of said section 5 of said chapter 40V, as so appearing, is hereby further amended by striking out, in line 12, the word “and”.
SECTION 31. Said clause (ii) of said section 5 of said chapter 40V, as so appearing, is hereby further amended by inserting after the word “and”, in line 13, the following words:- directly benefit lower-income residents without harm from increased rents or displacement caused by the HDIP project.
SECTION 32. Clause (iii) of said section 5 of said chapter 40V, as so appearing, is hereby amended by inserting after the words “market rate units”, in line 14 the following words:- and permanently affordable units.
SECTION 33. Said section 5 of said chapter 40V, as so appearing, is hereby amended by adding the following subsections:- (iv), the inclusion of a range of bedroom sizes including those suitable for families with children and (v), the size of the credit needed for the project to be financially feasible.
SECTION 34. Paragraph (1) of subsection (q) of section 6 of chapter 62 of the General Laws, as so appearing, is hereby amended by inserting after the word “units”, in line 846, the following words:- and permanently affordable units.
SECTION 35. Subdivision (1) of section 38BB of chapter 63 of the General Laws, as so appearing, is hereby amended by inserting after the word “units”, in line 7 the following words:- and permanently affordable units.
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An Act to promote housing cooperatives
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S871
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SD2353
| 193
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{'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-01-20T16:10:29.887'}
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[{'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-01-20T16:10:29.8866667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S871/DocumentHistoryActions
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Bill
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By Mr. Eldridge, a petition (accompanied by bill, Senate, No. 871) of James B. Eldridge for legislation to promote housing cooperatives. Housing.
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SECTION 1. Chapter 40H of the General Laws is hereby amended by adding the following section:-
Section 10.
There is hereby established a Massachusetts center for housing cooperatives within CEDAC. The Massachusetts center for housing cooperatives shall provide education, conduct outreach and promote efforts to create an overall environment in the commonwealth to: (i) expand and enhance cooperative resident ownership; (ii) preserve the existing and increase the number of cooperatively owned properties; (iii) publicize and promote the benefits of resident cooperative housing to policy makers and the general public; (iv) encourage collaborative outreach efforts regarding involvement and cooperative housing ownership; (v) research and evaluate cooperative housing ownership in the commonwealth; (vi) showcase cooperative housing initiatives in the commonwealth; (vii) facilitate and coordinate the sharing of existing information and resources; and (viii) provide grants pursuant to this chapter. The Massachusetts center for housing cooperatives within CEDAC shall focus its efforts to promote housing cooperatives for low to moderate income people in the commonwealth.
(1) The director of the Massachusetts center for housing cooperatives shall have the power to hire staff, appoint any specific committee or task force and contract with consultants, agents or advisors deemed necessary to further the purposes of this section.
(2) The director may accept gifts or grants of money or property from any source to further the work of the center; provided, however, that any money received shall be deposited with the state treasurer to be kept in a separate fund in the treasury to be named the Massachusetts Center for Housing Cooperatives Fund dedicated to the center and for expenditure without appropriation by the director of the center in accordance with the conditions of such a gift or grant. Amounts remaining in the fund at the end of a fiscal year shall not revert to the General Fund and shall be available for expenditure in subsequent fiscal years.
(3) The director shall issue rules, regulations and procedures governing the application for and delivery of services which are deemed necessary for the proper performance of the duties of the center.
(4) Annually, the director shall file a report with the clerks of the house of representatives and senate, including an inventory of housing cooperatives in the state and the specific activities taken by the center to support and promote the transition of traditionally structured properties to a cooperative resident ownership model.
(5) The director shall be a full-time employee of CEDAC and shall be appointed by and report directly to the director of CEDAC.
SECTION 2. The commonwealth shall appropriate $100,000,000 in fiscal year 2024 for a reserve to promote housing cooperatives throughout the commonwealth for low to moderate income people, including, but not limited to acquiring real estate to establish housing cooperatives, preserving, rehabilitating and satisfying the capital needs of existing cooperatives through programs administered by the department of housing and community development directly or through 1 or more of the following: (i) Massachusetts Housing Finance Agency; (ii) Massachusetts Housing Partnership; and (iii) Community Economic Development Assistance Corporation; provided further, that within 180 days of the effective date of this Act, the department shall submit a report to the house and senate committees on ways and means and the joint committee on economic development and emerging technologies on recommendations for creating and preserving housing cooperatives throughout the commonwealth.
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An Act enabling local options for tenant protections
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S872
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SD2368
| 193
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{'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-01-20T16:07:25.25'}
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[{'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-01-20T16:07:25.25'}, {'Id': 'DAS1', 'Name': 'Danillo A. Sena', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAS1', 'ResponseDate': '2023-01-27T09:47:46.13'}, {'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-01-27T17:05:28.4266667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T16:01:12.36'}, {'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-02-09T14:26:07.4433333'}, {'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-02-22T08:45:48.2633333'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-03-14T10:09:59.2'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-03-27T09:44:52.34'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S872/DocumentHistoryActions
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Bill
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By Mr. Eldridge, a petition (accompanied by bill, Senate, No. 872) of James B. Eldridge, Danillo A. Sena, Mike Connolly, Vanna Howard and other members of the General Court for legislation to enable local options for tenant protections. Housing.
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SECTION 1. Chapter 40P of the General Laws is hereby amended by striking out its title and inserting in place thereof the following title:-
TENANT PROTECTION ACT.
SECTION 2. Said chapter 40P, as so appearing, is hereby further amended by striking out sections 1 to 5, inclusive, and inserting in place thereof the following 9 sections:–
Section 1. PURPOSE.
The purpose of this chapter is to provide municipalities with local options for rent stabilization, just cause eviction protections, condominium conversion ordinances, and other tenant protections along with provisions for fair return standards for property owners and exemptions for owner-occupant landlords and new and recently-constructed housing.
Section 2. GENERAL COURT FINDINGS.
The general court hereby finds and declares that homelessness, displacement, foreclosure, lack of affordable rental and ownership opportunities, and excessive rent burden are commonplace throughout the commonwealth.
Section 3. LOCAL ACCEPTANCE OF ANY SECTION.
A city or town may accept any of the sections of this chapter in the manner provided in section 4 of chapter 4 and a city or town that has accepted a section may, in like manner, revoke its acceptance.
Section 4. LOCAL OPTION RENT STABILIZATION.
(a) A city or town accepting this section may, by local charter provision, ordinance or by-law regulate the rent and eviction of tenants in multi-family housing and provide for reasonable exemptions from such regulation.
(b) Any city or town that adopts this section may provide for fair return standards for the regulation of rent.
(c) For the purposes of this section the term “multi-family housing” shall not include 3 or less dwelling units in an owner occupied dwelling, and shall not include undergraduate dormitories, non-profit hospitals, facilities for the residential care of the elderly, units whose rent is subject to regulation by a public housing authority, or dwelling units for which a residential certificate of occupancy was obtained for the first time fifteen years ago or less, on a rolling basis.
(d) Any city or town that adopts this section may ensure that certain dwelling units governed by such measures are eligible for those individuals or households who meet income-based eligibility requirements as provided for by the city or town.
(e) A city or town may establish or designate an administrator, board or committee to promulgate regulations and any registration and reporting requirements pursuant to this section and may partner with community-based organizations in developing public awareness campaigns and may also establish a Small Landlords and Homeowners Assistance Bureau to offer related technical assistance.
Section 5. JUST CAUSE EVICTION PROTECTION.
(a) The provisions of this section shall be applicable to all housing accommodations in any city or town of the commonwealth that adopts this section; provided however, that a city or town may provide for exemptions from the provisions of this section and any such exemption shall be included in an ordinance or by-law adopted by the municipality. A city or town that accepts this section, may by ordinance or by-law provide that a lessor shall not recover possession of a leased unit within multi-family housing or residential dwellings, as otherwise defined by the municipality, which shall not include 3 or less dwelling units in an owner occupied dwelling, unless the court finds that:
(1) the lessee has failed to pay the rent to which the lessor is entitled;
(2) the lessee has violated an obligation or covenant of his or her tenancy not inconsistent with chapter 93A, or this section, or the regulations issued pursuant thereto, other than the obligation to surrender possession upon proper notice; and the lessee has failed to cure such violation after having received written notice thereof from the lessor;
(3) the lessee is committing or permitting to exist a nuisance in or is causing substantial damage to the leased unit, or is creating a substantial interference with the comfort, safety or enjoyment of the lessor or other occupants of the same or any adjacent accommodations;
(4) the lessee has used or permitted a leased unit to be used for any illegal purposes;
(5) the lessee, who had a written lease agreement which terminated or is a tenant at will, has refused, after written request or demand by the lessor, to execute a written extension or renewal thereof or lease for a further term of like duration, at a rental rate that does not exceed a certain percentage, set by the municipality, of the consumer price index of the rental rate under the prior lease agreement or at will tenancy, and on such terms that are not inconsistent with or violative of any provision of said chapter 93A or of this section; provided, that for purposes of this clause, the term “consumer price index” refers to the annual 12-month average change in the Consumer Price Index for All Urban Consumers, New England Division (All Items), as published by the Bureau of Labor Statistics of the United States Department of Labor in September of the prior calendar year;
(6) the lessee has refused the lessor reasonable access to the unit for the purpose of making necessary repairs or improvements required by the laws of the commonwealth or any political subdivision thereof, or for the purpose of inspection as permitted or required by such lessee's lease agreement or by law, or for the purpose of showing the leased unit to any prospective purchaser or mortgagee;
(7) the person holding at the end of a lease term is a sublessee not approved by the lessor;
(8) the lessor seeks in good faith to recover possession of a leased unit for his or her own use and occupancy or for the use and occupancy by his or her spouse, children, grandchildren, great grandchildren, parents, grandparents, brother, sister, father-in-law, mother-in-law, son-in-law, or daughter-in-law, and has provided the tenant with 180 days written notice and an offer of a relocation assistance payment equal to at least 3 months’ rent, unless, for example, a municipality has further provided for a partial or complete exemption to the relocation assistance payment provision as it applies to low-income or moderate-income landlords; or
(9) the lessor seeks to recover possession for any other just cause, provided that his or her purpose is not in conflict with the provisions and purposes of said chapter 93A or this section.
(b) A lessor shall notify the clerk’s office of the city or town in which the leased unit is located prior to initiating judicial proceedings in compliance with this section.
(c) A lessor who recovers possession of a leased unit in violation of this section shall be punished by a fine not less than $5,000. Each such recovery in violation of this section shall constitute a separate offense. The housing court shall have jurisdiction over an action arising from a violation of this section and shall have jurisdiction in equity to restrain any such violation. It shall be a defense to a lessee in an action pursuant to this section that a lessor attempted to recover a leased unit in violation of this section.
Section 6. CONDOMINIUM CONVERSION ORDINANCES.
(a) A municipality, by majority vote of its legislative body, may enact an ordinance or by-law to regulate the conversion of housing accommodations in the municipality to the condominium or cooperative form of ownership and the regulation of rent and the eviction of tenants’ incident to the conversion or sale of condominiums. Said ordinance or by-law may include, but is not limited to: (i) provisions for investigations into and hearings on condominium conversions or proposed conversions; (ii) a permit process; (iii) tenant notification requirements; (iv) relocation costs for tenants and other measures to protect tenants; (v) control of evictions; (vi) penalties for violation of the ordinance or by-law; and (vii) exemptions from the provisions of this subsection. The ordinance or by-law may establish a condominium review board or vest administrative duties in an existing municipal board, commission or office. The review board may exercise such powers as it is given by ordinance or by-law.
(b) A municipality that adopted an ordinance or by-law for the regulation of the conversion of housing accommodations to the condominium or cooperative forms of ownership and evictions related thereto pursuant to the authority conferred upon the municipality by general law or special act prior to the effective date of this section may continue to exercise such authority. This section shall not be construed to restrict the authority of said municipality to amend or repeal any ordinance or by-law in accordance with the provisions of said general law or special act.
(c) A municipality may, by majority vote of its legislative body, accept this section in the manner provided in section 4 of chapter 4 and a municipality that has accepted this section may, in like manner, revoke its acceptance.
Section 7. PROTECTION FROM IMMEDIATE RENT INCREASES.
Unless otherwise provided for in this chapter, the maximum rent of a regulated rental unit shall be the rent charged the occupant for the month 12 months prior to the acceptance of this section by a municipality. If the rental unit was unoccupied at that time but was occupied at any time prior to acceptance of this section, the maximum rent shall be the rent charged therefor for the month closest to 12 months prior to the effective date of this section. If the maximum rent is not otherwise established, it shall be established by the city or town as provided for in this chapter. Any maximum rent may be subsequently adjusted under the provisions of this chapter.
Section 8. REGULATION OF TENANT DEPOSITS AND FEES, INCLUDING BROKERS FEES.
(a) A city or town that adopts this section may regulate by ordinance or by-law the payment of deposits and non-refundable move-in fees paid by a residential tenant or prospective tenant, notwithstanding any general or special law to the contrary; provided however, that no by-law or ordinance shall provide that a lessor may require a tenant or prospective tenant to pay any amount in excess of the amount provided for in section 15B of 186.
(b) Such regulation may include installment payment options for a tenant’s last month’s rent and security deposit pursuant to this section.
(c) A city or town ordinance or by-law may provide that a tenant may elect to pay a security deposit and last month's rent in installments as follows:
(1) for any rental agreement term that establishes a tenancy for 6 months or longer, the tenant may elect to pay the security deposit and last month's rent in 6 consecutive, equal monthly installments that begin at the inception of the tenancy or the tenant may propose an alternative installment schedule. If the landlord agrees to the tenant's alternative installment schedule the schedule shall be described in the rental agreement;
(2) for any other rental agreement term that establishes a tenancy, the tenant may elect to pay the security deposit and last month's rent in no more than 4 equal amounts that begin at the inception of the tenancy and are paid in installments of equal duration or the tenant may propose an alternative installment schedule. If the landlord agrees to the tenant's alternative installment schedule the schedule shall be described in the rental agreement.
(d) Landlords may not impose any fee, charge any interest, or otherwise impose a cost on a tenant because a tenant elects to pay the last month's rent in installments.
(e) A landlord who fails to comply with the requirements of any ordinance or by-law promulgated pursuant to this section shall be liable to the tenant for $1,000 plus reasonable attorney fees and costs in addition to any other remedy available at law.
(f) This section shall not apply to a tenant who rents a unit in an owner occupied dwelling with 3 or less dwelling units.
(g) In addition to the powers granted to a city or town in this section and notwithstanding section 87DDD½ of chapter 112, a city or town may by local charter provision, ordinance or by-law regulate, limit or prohibit the business of finding dwelling accommodations for a fee.
Section 9. MUNICIPAL ANTI-DISPLACEMENT ZONES.
(a) A city or town accepting any section in this chapter may, in addition to municipal-wide implementation of such section, provide for the implementation or exemption of such section’s provisions, in distinct anti-displacement zones, in which it has been determined that residential households of low, moderate or middle income have been displaced or are at risk of displacement, as defined by the municipality.
(b) A community organization, as defined by the municipality, may petition the municipality for the establishment of an anti-displacement zone.
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[{'Description': 'S872 -- Cambridge', 'DownloadUrl': 'http://malegislature.gov/api/DownloadReport?attachmentId=16234&title=S872%20--%20Cambridge'}]
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An Act to transform the Commonwealth’s emergency response system and create housing strategies to end the homelessness of unaccompanied adults
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S873
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SD1140
| 193
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{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-18T16:51:01.08'}
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[{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-18T16:51:01.08'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S873/DocumentHistoryActions
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Bill
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By Mr. Feeney, a petition (accompanied by bill, Senate, No. 873) of Paul R. Feeney for legislation to provide for analysis of MassHealth claims data in relation to homeless management information systems data related to Medicaid costs associated with persons experiencing homelessness. Housing.
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Chapter 23B of the General Laws is hereby amended by adding the following section:-
Section xx. As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:-
“Congregate shelter”, any sheltering approach of mass dormitory-style bed space in which individuals are not each sheltered in an individual or shared bedroom demarcated by walls on all sides and a door.
“Continuum of care”, has the same meaning as defined in Section 578.3 of Title 24 of the Code of Federal Regulations.
“Non-congregate shelter”, a setting where a person experiencing homelessness is sheltered within an individual or shared bedroom with walls on all sides, a door, and preferably a bathroom.
“Permanent supportive housing”, a model of housing that combines ongoing subsidized housing matched with flexible health, behavioral health, social and other support services.
“Department of Housing and Community Development” or “the department”, as defined in Section 1 of Chapter 23B of the Massachusetts General Laws.
(a) The department of housing and community development working closely with municipalities and the continuums of care shall conduct an objective and predictive study of future shelter and housing demand to determine the type and amount of permanent supportive housing, non-congregate and congregate shelter programmatic models necessary to reduce reliance on shelter and meet housing demand one year following the effective date of this section. This study shall determine housing and shelter capacity in every municipality in the commonwealth using calculations based on the ratio of the number of units to the overall population in order to ensure adequate capacity statewide.
(b) The department shall develop a plan to prioritize the building of permanent supportive housing and new non-congregate shelter solutions, that will supplement or replace existing congregate shelter programs, with a five-year implementation goal to meet the unmet needs of affordable housing capacity for each municipality in the commonwealth based on the ratio of the number of units to the overall population, in accordance with the findings of the study, in order to ensure adequate permanent supportive housing capacity statewide. The department shall determine benchmark goals for the implementation of said study recommendations within the five-year implementation goal to meet the permanent supportive housing needs for each municipality in the Commonwealth.
(c) The department shall create an inventory of existing congregate shelters, the cost to the commonwealth of these existing congregate shelters and conduct a feasibility study as to the extent these current resources can be converted to non-congregate shelter and/or permanent supportive housing. The department shall submit the plan to the chairs of the joint committee on housing and the continuums of care within one year following the effective date of this section.
(d) The department shall develop and provide a specific plan for unique housing responses specifically targeted to unaccompanied adult persons experiencing homelessness, including, but not limited to, long-term vouchers, shallow subsidy pools, rapid re-housing resources and permanent supportive housing. The department shall develop housing resources across a spectrum of need, but shall prioritize those elderly, disabled, medically complex, and LGBTQ+ persons experiencing homelessness. The department shall review and consider alternative construction models including, but not limited to, modular construction, micro-units, repurposed hotels or other alternatives capable of bringing homeless housing initiatives to an affordable scale necessary to end the homelessness of chronic and medically complex persons experiencing homelessness. The department shall submit a plan for the development of such housing to the chairs of the joint committee on housing and the continuums of care no later than one year following the effective date of this section.
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An Act establishing the missing-middle starter home development and home ownership program
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S874
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SD2385
| 193
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{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-20T16:22:54.887'}
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[{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-20T16:22:54.8866667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-05-05T14:32:09.8066667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S874/DocumentHistoryActions
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Bill
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By Mr. Feeney, a petition (accompanied by bill, Senate, No. 874) of Paul R. Feeney for legislation to establish the missing-middle starter home development and home ownership program. Housing.
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The General Laws are hereby amended by inserting after chapter 40Y the following chapter:-
Chapter 40Z. Starter Home Development Fund.
Section 1. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:
“Agency”, the Massachusetts Housing Finance Agency, established under section 3 of chapter 708 of the acts of 1966.
“Committee”, the advisory committee established under section 4
“Fund”, the Starter Home Development Fund established under section 2.
“Income-eligible homebuyer”, a household within the commonwealth with annual income not less than 80 per cent that does not exceed 120 per cent of area median income.
“Starter Home”, as defined under section 1 of chapter 40Y.
Section 2. (a) There shall be established and set up on the books of the commonwealth a Starter Home Development Fund, which shall be administered by the department of housing and community development. The department shall enter into a contract with the Massachusetts Housing Finance Agency for the administration of the fund, according to guidelines promulgated by the department and in consultation with the advisory committee. The fund shall provide subsidies for new construction or acquisition and substantial rehabilitation of owner-occupied starter homes for the benefit of households whose incomes are between 80 per cent and 120 per cent of area median income as determined by the federal Department of Housing and Urban Development. The fund shall be an expendable trust fund and shall not be subject to appropriation.
(b) There shall be credited to the fund revenue from appropriations or other monies authorized by the general court and specifically designated to be credited to the fund and gifts, grants, private contributions, repayment of loans, investment income earned on the fund's assets and all other sources. Money remaining in the fund at the end of a fiscal year shall not revert to the General Fund.
(c) The agency shall maintain the fund as a separate fund and shall cause it to be audited by an independent accountant on an annual basis in accordance with accepted accounting principles.
(d) The agency shall administer assistance from the fund using only the criteria set forth under this chapter.
Section 3. (a) The fund shall finance subsidies directly to support the construction and purchase of starter homes; provided, however, that such assistance shall be the minimum amount necessary to make a project feasible.
(b) The total amount of subsidies shall not exceed 35 per cent of eligible development costs, as determined by the agency.
(1) The agency may provide a direct subsidy to a developer of a starter home, which shall not exceed the difference between the cost of development and the market value of the home as completed.
(2) Of any remaining amounts available for the project after the developer subsidy, the agency may provide a subsidy for the benefit of the homebuyer to reduce the cost of purchasing the home; provided, however, that: (i) the agency includes conditions in the subsidy or uses another legal mechanism to ensure that, to the extent the home value has risen, the amount of the subsidy remains with the home to offset the cost to future homebuyers; or (ii) the subsidy is subject to a housing subsidy covenant that preserves the affordability of the home for a period of not less than 99 years.
(c) The agency shall allocate not less than 33 per cent of the funds available through the program to projects that include a housing subsidy covenant consistent with clause (ii) of paragraph (2) of subsection (b).
(d) The agency shall adopt a program plan that establishes application and selection criteria, including: (i) project location; (ii) geographic distribution; (iii) leveraging of other programs; (iv) housing market needs; (v) project characteristics, including whether the project includes the use of existing housing as part of a community revitalization plan; (vi) construction standards, including considerations for size; (vii) priority for plans with deeper affordability and longer duration of affordability requirements; (viii) sponsor characteristics; (ix) energy efficiency of the development; (x) historic nature of the project; (xi) projects which seek to address and overcome historic, systemic inequities in the housing lending system in communities of color. Priority consideration shall be given for projects sited and developed in a starter home zoning district as defined in section 1 of Chapter 40Y.
Section 4. (a) There shall be an advisory committee to the fund, which shall make policy recommendations to the agency and to the department of housing and community development regarding the fund's program and funding activities.
(b) The committee shall be comprised of: the director of the department of housing and community development or a designee; the executive director of the Massachusetts Housing Partnership Fund or a designee; the executive director of the Community Economic Development Assistance Corporation or a designee; 2 municipal officials appointed by the Massachusetts Municipal Association, Inc., 1 of whom shall be from a city and 1 of whom shall be from a town; 1 lender experienced in the financing of starter homes and 1 for-profit developer of starter homes, each appointed by the agency; an executive director of a local housing authority appointed by the Massachusetts chapter of the National Association of Housing and Redevelopment Officials; a representative appointed by the Home Builders and Remodelers Association of Massachusetts, Inc.; a representative appointed by One Family Inc.; a representative appointed by the Massachusetts Affordable Housing Alliance, Inc.; a representative appointed by the Massachusetts Association of Community Development Corporations; and a representative appointed by the Massachusetts Nonprofit Housing Association, Inc. Committee members shall serve at the pleasure of the appointing authorities.
Section 5. The Massachusetts Housing Finance Agency shall, as part of its annual report pursuant to section 14 of chapter 708 of the acts of 1966, detail all expenditures from the fund, including, but not limited to, the recipient of the funds, the cost of administration and the number of units constructed, acquired and rehabilitated.
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An Act relative to manufactured housing communities
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S875
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SD2408
| 193
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{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-20T16:51:57.157'}
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[{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-20T16:51:57.1566667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S875/DocumentHistoryActions
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Bill
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By Mr. Feeney, a petition (accompanied by bill, Senate, No. 875) of Paul R. Feeney for legislation relative to manufactured housing communities. Housing.
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SECTION 1. Section 32B of chapter 140 of the General Laws is hereby amended by adding the following paragraph:-
Upon receipt of a finding of a violation or order by the board pursuant to section 32F½, the board of health may, after a hearing and reasonable notice, suspend or revoke a manufactured housing community license.
SECTION 2. Chapter 140 of the General Laws is hereby amended by inserting after section 32F the following section:-
Section 32F½. (a) A city or town may, by its ordinances or by-laws, establish a separate board to oversee the use and occupancy payments for manufactured housing community accommodations in such a city or town.
(b) Pursuant to this section, the board may make individual or general adjustments, either upward or downward, as may be necessary to assure that use and occupancy of a manufactured housing community in the city or town are established at levels that accommodate the occupants of each manufactured home.
(c) The board shall have powers necessary or convenient to perform the following functions:
(1) may make rules and regulations to effectuate the purposes of this section.
(2) require the registration by owners and operators of manufactured housing communities under penalty of perjury, of information relating to the manufactured housing community accommodations;
(3) sue and be sued;
(4) compel the attendance of persons and the production of papers and information; and
(5) issue appropriate orders which shall be binding on both the owner and tenants of such manufactured housing community accommodations.
(d) Violations of any ordinance or by-law adopted pursuant to this section or any order of the board shall be punishable by a fine of not more than $5,000. Upon such finding of a violation or order the board shall forthwith notify the board of health of the city or town of such finding.
(e) A manufactured housing community owner or operator holding a license shall not increase the use and occupancy, fees, or the total rent of a manufactured home resident during any 12-month period, even if a new lease agreement is signed or other rental agreement is entered into, by an amount of more than the most recent Chained Consumer Price Index for All Urban Consumers. For this section, the term “Chained Consumer Price Index for All Urban Consumers” or “C-CPI-U”, shall mean the consumer price index for all urban consumers, defined in 26 U.S.C. § 1(f)(6) and published by the Bureau of Labor Statistics of the Department of Labor. The owner or operator may increase the existing manufactured home resident’s use and occupancy or rent by an amount of more than the C-CPI-U upon a finding of the board that such increase will yield a fair net operating income pursuant to this section.
(f) The following factors, among other relevant factors, which the board may define by regulation, shall be considered in determining whether manufactured housing community accommodations yield a fair net operating income:
(1) increases or decreases in property taxes;
(2) unavoidable increases or any decreases in operating and maintenance expenses;
(3) capital improvements of the manufactured housing community as distinguished from ordinary repair, replacement, and maintenance;
(4) increases or decreases in space, services, equipment, or other similar factors;
(5) substantial deterioration of the manufactured housing community other than as a result of ordinary wear and tear;
(6) failure to perform ordinary repair, replacement, and maintenance; and
(7) that use and occupancy, rent, and fee payments are established at levels that accommodate the occupants of each manufactured home.
(g) Chapter 30A shall apply to the board as if it were an agency of the Commonwealth, including provisions relating to judicial review of an agency order.
(h) The district court shall have original jurisdiction, concurrently with the superior court, of all petitions for review brought pursuant to section 14 of said chapter 30A.
(i) The superior court shall have original jurisdiction to enforce this act and any by-laws adopted thereunder and may restrain violations thereof.
(j) The personnel, if any, of the board, shall not be subject to chapter 31 of the General Laws.
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An Act to maintain stable housing for families with pets in an economic crisis and beyond
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S876
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SD1318
| 193
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{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-19T14:11:09.9'}
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[{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-19T14:11:09.9'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-30T15:45:44.1266667'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-02-07T11:47:59.7866667'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-02-14T09:19:42.8133333'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-14T09:19:42.8133333'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-15T13:28:08.2133333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-03-15T09:30:17.2366667'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-03-21T16:10:49.5233333'}, {'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-09-26T13:05:49.3133333'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-09-26T13:05:49.3133333'}, {'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-09-26T13:05:49.3133333'}, {'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-09-26T13:05:49.3133333'}, {'Id': 'PMP0', 'Name': 'Pavel M. Payano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMP0', 'ResponseDate': '2023-09-26T13:05:49.3133333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S876/DocumentHistoryActions
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Bill
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By Ms. Gobi, a petition (accompanied by bill, Senate, No. 876) of Anne M. Gobi, Jack Patrick Lewis, Angelo J. Puppolo, Jr., James K. Hawkins and other members of the General Court for legislation to maintain stable housing for families with pets in an economic crisis and beyond. Housing.
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SECTION 1. Notwithstanding chapter 186 or 239 of the General Laws, as so appearing in the 2022 Official Edition, or any general or special law, rule, regulation or order to the contrary, no landlord shall initiate action to evict any person from a residential dwelling unit who has a pet without written permission based solely on the presence of the pet until one year after a state of emergency, unless the presence of pets is causing harm to the safety of other residents.
SECTION 2. No hotel, as defined in section 14 of chapter 140 shall unreasonably refuse to allow pets, unless the pet has caused a demonstrated noise or safety threat, during a state of emergency.
SECTION 3. Section 12 of Chapter 183A of the General Laws, as so appearing in the 2022 official edition, is hereby amended by inserting after the words “master deed”, in subsection (d), the following words:- However, no provision in the declaration, bylaws or rules and regulations of the organization of unit owners shall prohibit the keeping of certain types of dogs based on breed, size, weight or appearance.
SECTION 4. Section 3 of Chapter 23B of the General Laws, as so appearing in the 2022 Official Edition, is hereby amended by inserting after the second use of the word “elderly” under part “(u)” the following words:- , provided that no regulation, rule or policy shall prohibit the keeping of dogs based on the dog’s breed, size, weight or appearance.
SECTION 5. Section 3 of Chapter 23B is hereby further amended by inserting the following new subsection:-
(w) establish, conduct and maintain a program of pet ownership by residents of state-aided public housing, provided that no regulation, rule or policy shall prohibit the keeping of dogs based on the dog’s breed, size, weight or appearance.
SECTION 6. Chapter 175 of the General Laws is hereby amended by adding the following section:
Section 231. An insurance company offering homeowners insurance coverage or renters insurance coverage that issues a policy or contract insuring against liability for injury to a person or injury to or destruction of property arising out of the ownership or lease of residential property shall not refuse to issue, renew, cancel, or charge or impose an increased premium or rate of such a policy or contract based in whole or in part upon the harboring of a specific breed of the dog upon the property.
An insurance company may not ask or inquire about the breed or mixture of breeds of a dog that is harbored or owner on an applicable property except to ask if the dog is known to be dangerous or has been designated a dangerous dog pursuant to law.
Nothing in this section shall prohibit an insurer from refusing to issue or renew or from canceling a contract or policy or from imposing an increased premium or rate for a policy or contract if any dog being harbored on the property has been designated as a dangerous dog pursuant to law.
SECTION 7. Section 32 of Chapter 121B of the General Laws, as so appearing in the 2022 Official Edition, is hereby amended by inserting the following new paragraph after subsection (i):- In determining whether an applicant is eligible for tenancy in a property or if a current tenant can remain in a property, no property owned, managed or operated by an authority may make such a determination based on the breed, size, weight or appearance of a dog owned or cared for by the applicant or household member.
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An Act relative to the use of credit reporting in housing
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S877
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SD588
| 193
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{'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-17T12:35:41.92'}
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[{'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-17T12:35:41.92'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S877/DocumentHistoryActions
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Bill
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By Mr. Gomez, a petition (accompanied by bill, Senate, No. 877) of Adam Gomez for legislation relative to the use of credit reporting in housing. Housing.
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SECTION 1. Section 51 of Chapter 93 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking, in line 26, the words: - “except in the case of the rental or lease of residential property”.
SECTION 2. Said Chapter 93 as so appearing is hereby further amended by inserting, after line 31, the following: - “(vii) intends to use the information for tenant screening purposes in accordance with Section 51C; or”
SECTION 3. Said Chapter 93 is hereby further amended by inserting after Section 51B the following section:-
Section 51C.
(a) For the purposes of this section, the following terms shall have the following meanings unless the context clearly indicates otherwise:
“Tenant screening purposes”, when used in connection with a consumer report, means a purpose related to the evaluation of a consumer for rental housing or retention as a renter or tenant.
(b) A person shall not: (i) use a consumer report in connection with or as a criterion for a tenant screening purpose; (ii) request or procure a consumer report for tenant screening purposes; or (iii) require an applicant or tenant to answer a question about the contents of a consumer report or the information contained in it regarding credit worthiness, credit standing or credit capacity.
(c) Notwithstanding subsection (d), a person may use or request a consumer report for tenant screening purposes under subsection (e) if required to do so under federal or state law or regulation.
(d) Notwithstanding subsections (b) and (c), a person shall not use a consumer report in a manner that results in adverse housing discrimination prohibited by law.
(e) A landlord, or person acting on behalf of the landlord for tenant screening purpose, shall not obtain, use, or seek the consumer report of a tenant, or applicant under subsection (c) unless the landlord or person acting on behalf of the landlord:
(i) obtains the written consent of the tenant or applicant in a document that consists solely of the consent and does so each time that the person seeks to obtain the consumer report of a tenant or applicant;
(ii) discloses the landlord’s reason for accessing the consumer report to the tenant or applicant in writing; provided, however, that if a landlord intends to take an adverse action that is based, in whole or in part, on the report, the landlord shall disclose the reason for the action, including the information in the report that was the basis for the action, in writing at least 14 days prior to taking the action, along with a copy of the report and the notice of consumer rights required by 15 U.S.C. 1681g(c)(1); and provided further, that the landlord shall provide the tenant or applicant, in a private discussion, the opportunity to dispute the relevance of the information upon which the landlord based the housing action and shall consider the dispute before making a final decision; and
(iii) ensures that costs associated with obtaining a consumer report are not paid by or passed on to the tenant or applicant.
If, during the 14 day period under clause (ii), the tenant or applicant provides oral or written notice to a, landlord, or person acting on behalf of the landlord that the tenant, or applicant is disputing the accuracy of the consumer report with a consumer reporting agency, the landlord or person acting on
behalf of the landlord shall not take an adverse action until the resolution of the dispute under section 58 or 15 U.S.C. 1681i(a) and shall consider the results of the resolution before taking an adverse action.
(f) A landlord or person acting on behalf of the landlord shall not retaliate, discriminate or take an adverse action against a tenant or applicant on the basis that the tenant or applicant has or intends to: (i) file a complaint pursuant to subsection (h); (ii) allege that the person violated this section; (iii) testify, assist, give evidence or participate in an investigation, proceeding or action concerning a violation of this section; or (iv) otherwise oppose a violation of this section.
(g) A waiver of this section shall be void and a person shall not require or request that a tenant or applicant waive it.
(h) Failure to comply with this section shall constitute an unfair practice under clause (a) of section 2 of chapter 93A.
SECTION 4. This act shall take effect 90 days from the date of passage.
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An Act to secure housing for returning citizens
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S878
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SD818
| 193
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{'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-18T14:35:32.507'}
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[{'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-18T14:35:32.5066667'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-01-18T14:38:13.4366667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-20T09:45:40.14'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-03-08T16:05:59.1766667'}, {'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-03-16T13:15:23.3133333'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-03-23T09:47:20.0266667'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-05-01T11:39:53.6666667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-05-01T11:39:53.6666667'}]
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Bill
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By Mr. Gomez, a petition (accompanied by bill, Senate, No. 878) of Adam Gomez, Samantha Montaño, Lindsay N. Sabadosa and Lydia Edwards for legislation to secure housing for returning citizens. Housing.
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SECTION 1. Section 16I of chapter 6A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “secretary”, in line 30, the following words:- and (iv) costs associated with the reentry and formerly incarcerated persons program established in section 31 of chapter 23B.
SECTION 2. Chapter 23B of the General Laws is hereby amended by adding the following section:-
Section 31. (a) There shall be a reentry and formerly incarcerated persons program administered by the department. The department shall be the central coordinating agency for the program. The department, in coordination with the department of correction, the office of probation, and the parole board shall help incarcerated people: (i) understand housing options before and after their release; (ii) find pathways to both short-term and permanent housing; and (iii) receive financial supports, such as housing vouchers, from the state. For the purposes of this section the term “understand housing options” shall include: (i) an ongoing effort by the department to evaluate and ensure such understanding; (ii) the department’s establishment of tools for instruction of such understanding; and (iii) evaluating outcomes in the understanding of housing options for incarcerated people. Such tools and evaluations shall include oral and written surveys, and setting guidelines and goals for measurable success based on the frame of reference of a formerly incarcerated person.
The department shall partner with established community-based organizations with a record of working with reentry of incarcerated and formerly incarcerated persons to assist with positive outcomes and impacts. Such community-based organizations should prioritize including affected populations, such as formerly incarcerated persons and their families, in the leadership of their organization.
The department, in coordination with other relevant state agencies, shall provide for housing, supportive programs, and oversight of housing formerly incarcerated persons in any housing receiving funds administered by any state agency or regulated by the department. The department shall develop and implement outcome-based measurements for the success of such housing, supportive programs, and oversight.
(b) For any funds administered by the department, any state agency, or any state authority for the purposes of providing for affordable housing, the department shall review the implementation of the program and the expenditure of funds, including tax expenditures, for the program no less than annually. The department’s review shall include, but not be limited to:
(i) The number and demographic data of persons served by the program;
(ii) The compliance of each beneficiary of state funds for the purposes of the program and the state funds received regarding the preferences for persons served by the program; and
(iii) Any opportunities to improve the effectiveness of the program in meeting its purposes, intent or goals based on feedback and data gathered from formerly incarcerated persons, persons currently experiencing housing instability related to former incarceration, and community-based organizations, staff participants, and partner agencies that serve such persons.
(c) Annually, the department shall submit a report of its review of the program, including but not limited to, the program’s impacts and outcomes to the joint committee on housing and the joint committee on community development and small businesses and the clerks of the house of representatives and the senate.
SECTION 3. Subsection (a) of section 3 of chapter 23G of the General Laws is hereby amended by adding the following clause:-
(36) to provide for and assist any agency or authority of the commonwealth in providing housing opportunities for incarcerated persons about to be released from a correctional facility and for formerly incarcerated persons.
SECTION 4. Section 19 of said chapter 23G is hereby amended by inserting after the word “housing”, in line 29, the following words:- ; provided that, such housing project assisted by the agency shall include a priority and preference for incarcerated persons about to be released from a correctional facility and for formerly incarcerated persons.
SECTION 5. Subsection (b) of section 60 of chapter 40 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “AMI”, in lines 121 and 125, the following words:- provided that, for any housing units assisted under this section, there shall be a priority for housing incarcerated persons about to be released from a correctional facility and for formerly incarcerated persons.
SECTION 6. Subsection (c) of section 60B of chapter 40 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “agreement”, in line 80, the following words:- provided that, for any residential units constructed under this section, there shall be a priority for housing incarcerated persons about to be released from a correctional facility and for formerly incarcerated persons.
SECTION 7. Section 20 of chapter 40B of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “affected”, in line 25, the following words:- provided however, that the regional need shall include affordable housing for reentry housing for low and moderate-income incarcerated persons about to be released from a correctional facility and for formerly incarcerated persons.
SECTION 8. Section 4 of chapter 40H of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after clause (g) the following clause:-
(g½) to provide for and assist any CDC, state agency or state authority in providing housing opportunities for incarcerated persons about to be released from a correctional facility and for formerly incarcerated persons.
SECTION 9. Clause (i) of the first paragraph of section 5 of said chapter 40H, as so appearing, is hereby amended by inserting after the word “housing”, in line 24, the following words:- ; provided that, such project shall include a priority and preference for incarcerated persons about to be released from a correctional facility and for formerly incarcerated persons.
SECTION 10. Section 1 of chapter 40R of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “rate”, in line 24, the following words:- provided however, that any such housing development shall include a priority for the housing of low and moderate-income incarcerated persons about to be released from a correctional facility and for formerly incarcerated persons in any such development.
SECTION 11. Section 6 of chapter 40R of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “housing”, in line 27, the following words:- provided however, that such ordinance or by-law shall include a priority for the housing of low and moderate-income incarcerated persons about to be released from a correctional facility and for formerly incarcerated persons in any such projects.
SECTION 12. Subsection (a) of section 4 of chapter 40V of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after clause (i) the following clause:-
(ii) provides that, for any residential units constructed under this chapter, there shall be a priority for housing incarcerated persons about to be released from a correctional facility and for formerly incarcerated persons.
SECTION 13. The definition of “Community housing” in section 2 of chapter 44B of the General Laws is hereby amended by adding the following sentence:- Community housing shall include a priority and preference for incarcerated persons about to be released from a correctional facility and for formerly incarcerated persons.
SECTION 14. Subsection (s) of section 6 of chapter 62 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following paragraph:-
(7) In allocating tax credits pursuant to this section or the federal Low Income Housing Tax Credit program of the Tax Reform Act of 1986, the department shall include in its Qualified Allocation Plan a requirement of a priority and preference for all applications for credits for reentry housing opportunities for incarcerated persons about to be released from a correctional facility and for formerly incarcerated persons.
SECTION 15. Section 31H of chapter 63 of the General Laws, as so appearing, is hereby amended by adding the following subsection:-
(k) In allocating tax credits pursuant to this section or the federal Low-Income Housing Tax Credit program of the Tax Reform Act of 1986, the department shall establish in its Qualified Allocation Plan a requirement of a priority and preference category for all applications for credits for reentry housing opportunities for incarcerated persons about to be released from a correctional facility and for formerly incarcerated persons.
SECTION 16. Section 32 of chapter 121B of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by inserting after the word “regulations”, in line 144, the following words:- ; and (4) persons released from a correctional facility within the last 2 years.
SECTION 17. Subsection (b) of section 3 of chapter 121D of the General Laws is hereby amended by adding the following paragraph:-
The fund shall provide for a requirement of a priority and preference category for all applications for any expenditure from the fund, to an organization, for reentry housing opportunities for incarcerated persons about to be released from a correctional facility and for formerly incarcerated persons.
SECTION 18. Subsection (a) of chapter 121E of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “individuals”, in line 11, the following words:- and reentry housing opportunities for incarcerated persons about to be released from a correctional facility and for formerly incarcerated persons.
SECTION 19. Subsection (a) of section 3 of chapter 121F of the General Laws, as so appearing, is hereby amended by inserting after the word “income” in line 35, the following words:- ; and provided further that for such persons, there shall be a priority for housing incarcerated persons about to be released from a correctional facility and for formerly incarcerated persons.
SECTION 20. Section 3 of chapter 121G of the General Laws, as so appearing, is hereby amended by inserting after the word “regulations”, in line 17, the following words:- ; provided that, for any housing units funded under this section, there shall be a priority for housing incarcerated persons about to be released from a correctional facility and for formerly incarcerated persons.
SECTION 21. Section 4A of chapter 708 of the acts of 1966 is hereby amended by adding the following paragraph:-
(q) Provide for and assist any agency or authority of the commonwealth in providing housing opportunities for incarcerated persons about to be released from a correctional facility and for formerly incarcerated persons.
SECTION 22. Section 7 of chapter 708 of the acts of 1966 is hereby amended by adding the following sentence:- Notwithstanding any other provision of this section, tenant selection plans shall include a priority and preference for incarcerated persons about to be released from a correctional facility and for formerly incarcerated persons.
SECTION 23. Section 1 of chapter 99 of the acts of 2020 is hereby amended by inserting after the words “with disabilities” the following words:- ; to create reentry housing opportunities for incarcerated persons about to be released from a correctional facility and affordable housing units for formerly incarcerated persons.
SECTION 24. Section 2 of chapter 99 of the acts of 2020 is hereby amended in item 7004-0058 by adding the following words:- ; provided further, that there shall be a priority for such beneficiaries who are incarcerated persons about to be released from a correctional facility and who are formerly incarcerated persons.
SECTION 25. Notwithstanding any general or special law, rule or regulation to the contrary the department, in its capacity as a public housing agency shall, pursuant to section 3202 of Public Law 117-7, the American Rescue Plan Act of 2021, implement a priority for emergency housing vouchers for incarcerated persons about to be released from a correctional facility and for formerly incarcerated persons.
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An Act to establish mobile showers for homeless populations
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S879
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SD1835
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{'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-19T13:51:24.283'}
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[{'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-19T13:51:24.2833333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S879/DocumentHistoryActions
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Bill
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By Mr. Gomez, a petition (accompanied by bill, Senate, No. 879) of Adam Gomez for legislation to establish mobile showers for homeless populations. Housing.
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Chapter 23B of the General Laws is hereby amended by inserting the following section:
Section XXXX. (a) There shall be established and set up on the books of the commonwealth a grant program known as the Mobile Shower Program that shall be administered by the Department of Housing and Community Development. The purpose of this program shall be to assist municipalities and nonprofits to build and maintain mobile showers. Mobile showers are to be defined as public showers that are transportable, either by towing or by loading onto a truck/vehicle, with the primary purpose of assisting homeless populations with sanitation services. They are to be used primarily for the purpose of assisting homeless populations, including youth. The placement of mobile showers will be prioritized to serve underserved communities across the commonwealth.
(b) There shall be credited to the fund all amounts that are transferred, or authorized to be transferred thereto, or directed to be deposited therein, and all amounts received as gifts, grants, or contributions for the purposes of the fund. Any money remaining in the fund at the close of a fiscal year shall not revert to the General Fund, but shall remain available for expenditure in subsequent fiscal years.
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Resolve providing for an investigation and study by a special commission relative to children and adolescents with intensive behavioral health needs
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S88
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SD273
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{'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-12T16:21:45.903'}
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[{'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-12T16:21:45.9033333'}, {'Id': 'MPK1', 'Name': 'Michael P. Kushmerek', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MPK1', 'ResponseDate': '2023-01-12T16:28:02.3833333'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-09T10:54:20.8966667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S88/DocumentHistoryActions
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Resolve
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By Mr. Gomez, a petition (accompanied by resolve, Senate, No. 88) of Adam Gomez, Michael P. Kushmerek and Michael O. Moore that provisions be made for an investigation and study by a special commission (including members of the General Court) relative to children and adolescents with intensive behavioral health needs. Children, Families and Persons with Disabilities.
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Resolved, that a special commission is hereby established for the purposes of making an investigation and study relative to children and adolescents with intensive behavioral health needs whose behavioral health needs, such as acute aggressive, assaultive or otherwise unsafe behaviors, are not adequately addressed through inpatient psychiatric hospitalizations, Community Based Acute Treatment (CBAT) services, or existing residential or community treatment models contracted by the Department of Children and Families.
The Commission shall consist of 23 members or their designees:
the Secretary of Health and Human Services or a designee, who shall serve as chair;
the Commissioner of Public Health or a designee;
the Commissioner of the Department of Children and Families or a designee;
the Commissioner of the Department of Youth Services or a designee;
the Commissioner of the Department of Early Education and Care or a designee;
Chief Justice of the Juvenile Court Department or a designee;
the Chairs of the Joint Committee on Mental Health, Substance Use and Recovery or their designees;
the Chairs of the Joint Committee on Children, Families and Persons with Disabilities or their designees;
a representative from the Office of the Child Advocate;
a representative from the Association for Behavioral Healthcare, Inc.;
a representative from the Massachusetts Health & Hospital Association;
a representative from the Children’s Mental Health Campaign;
a representative from the Children’s League of Massachusetts;
a representative from the Parent/Professional Advocacy League;
a representative from the Massachusetts Behavioral Health Partnership;
6 members to be appointed by the chair,
2 of whom shall be a family member of a child or adolescent with behavioral health needs or who has been involved in the juvenile court system;
3 of whom shall be a behavioral health provider specializing in serving children and adolescents with intensive behavioral health needs; and
1 of whom shall be a clinician or researcher with expertise related to children and adolescents with intensive behavioral health needs.
In making appointments, the Secretary shall, to the maximum extent feasible, ensure that the Commission represents a broad distribution of diverse perspectives and geographic regions.
The Commission shall: (i) create aggregate demographic and geographic profiles of children and adolescents with intensive behavioral health needs; (ii) examine the current availability of, and barriers to providing, behavioral health services and treatment to children and adolescents with intensive behavioral health needs; (iii) examine existing efforts undertaken by healthcare providers and the existing body of research around best practices for treating children and adolescents with intensive behavioral health needs; including, but not limited to models that promote community involvement and diversion from the juvenile court system; and (iv) examine other matters deemed appropriate by the Commission.
All appointments shall be made not later than 30 days after the effective date of this resolve.
The Commission shall submit its findings and recommendations to the Clerks of the Senate and the House of Representatives, the Joint Committee on Mental Health, Substance Use and Recovery, the Joint Committee on Children, Families and Persons with Disabilities and the Senate and House Committees on Ways and Means not later than January 1, 2024. The Secretary of Health and Human Services shall make the report publicly available on the website of the Executive Office of Health and Human Services.
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An Act to guarantee a tenant’s first right of refusal
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S880
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SD2238
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{'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-20T12:46:16.97'}
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[{'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-20T12:46:16.97'}, {'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-20T14:26:54.9233333'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-31T15:09:12.2666667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-31T15:09:12.2666667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-03T11:42:42.17'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-10T10:57:16.8266667'}, {'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-02-23T16:49:47.2466667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-23T16:49:47.2466667'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-03-24T11:28:29.09'}, {'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-03-30T14:34:49.16'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-04-21T09:30:04.8766667'}, {'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-05-01T11:03:29.4'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S880/DocumentHistoryActions
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Bill
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By Ms. Jehlen, a petition (accompanied by bill, Senate, No. 880) of Patricia D. Jehlen, Adam Gomez, Sal N. DiDomenico, Jack Patrick Lewis and other members of the General Court for legislation to guarantee a tenant’s first right of refusal. Housing.
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SECTION 1. Chapter 184 of the General Laws as appearing in the 2020 Official Edition is hereby amended by adding after section 21, the following new section:
Section 21A: Municipal Local Option for a Tenant’s Opportunity to Purchase
(a) For the purposes of this section, the following words shall, notwithstanding any general or special law to the contrary, or unless the context clearly requires otherwise, have the following meanings:
''Affiliate'' an entity owned or controlled by an Owner or under common control with the Owner.
“Auction” or "Public Auction", the sale of a Housing Accommodation, under power of sale in a Mortgage Loan, by public bidding.
“Borrower", a mortgagor of a Mortgage Loan.
"Deed in Lieu," a deed for the collateral property, that the Mortgagee accepts from the Borrower in exchange for the release of the Borrower’s obligation under the Mortgage Loan.
“Department”, Department of Housing and Community Development, or its successor agency.
“Designee", a nonprofit organization established pursuant to chapter 180, a local housing authority, or a controlled nonprofit or for-profit Affiliate of either such entity; provided that the parent organization has requisite experience in developing, owning and/or operating residential real estate and with the financial capacity to secure the financing of the purchase transaction; provided that any purchase by a Designee under this section shall be for the purpose of the use of the property as Long-Term Affordable Housing set out in a recorded restriction.
"Foreclosure," a proceeding to terminate a Borrower’s interest in property instituted by the Mortgagee.
“Housing Accommodation," a building or buildings, structure or structures, or part thereof, rented or offered for rent for living or dwelling purposes, including, without limitation, houses, apartments, condominium units, cooperative units and other multi-family residential dwellings; provided, however, that a Housing Accommodation shall not include a group residence, homeless shelter, lodging house, orphanage, temporary dwelling structure or transitional housing; and provided, further that a Housing Accommodation shall not include 1-4 unit Borrower-occupied Housing Accommodation if the Borrower is domiciled in the Housing Accommodation at the initiation of the Short-sale, Deed in Lieu, or Foreclosure process.
“Immediate Family Member”, the parent, offspring, sibling, or spouse of the Owner, or a trust in which the beneficiaries immediately after the creation are the Owner and the parent, child, sibling and/or spouse of the Owner.
“Long-Term Affordable Housing”, for rental housing: housing where forty percent of the housing units are affordable to households with incomes at or below sixty percent of the Area Median Income as established by the U.S. Department of Housing and Urban Development (AMI), and where these restrictions shall be in effect for at least thirty years and recorded in a deed restriction; for homeownership housing: housing where all units are both (a) set at prices affordable to, and (b) limited to purchase by, buyers whose incomes are at or below 100 percent of the AMI, and at least fifty percent of the units are both (a) set at prices affordable to, and (b) limited to purchase by, buyers with incomes at or below eighty percent of the AMI, and where these restrictions shall be in effect for at least thirty years and recorded in a deed restriction.
"Member", a natural person who is a member of a Tenant Association.
"Minimum Tenant Participation”, the minimum percentage of Tenant-occupied housing units that must participate as Members of the Tenant Association, which shall be 51 per cent of the Tenant-occupied housing units. The Minimum Tenant Participation percentage shall be calculated (rounded up) based on the number of Tenant-occupied housing units in a property, rather than the number of individual Tenants. If there is more than 1 Tenant residing in a unit, any of the Tenants in the unit may participate as Members of the Tenant Association for the unit to be counted towards the participating percentage of units. The Minimum Tenant Participation will be presumed to have been achieved for a period of 1 year after it is initially established.
"Mortgage Loan," a loan secured wholly or partially by a mortgage on a Housing Accommodation.
"Mortgagee," an entity to whom property is mortgaged, the mortgage creditor or lender including, but not limited to, mortgage servicers, lenders in a mortgage agreement and any agent, servant or employee of the Mortgagee or any successor in interest or assignee of the Mortgagee's rights, interests or obligations under the mortgage agreement.
"Owner", a person, firm, partnership, corporation, trust, organization, limited liability company or other entity, or its successors or assigns, that holds title to real property.
"Purchaser", a party who has entered into a purchase contract with an Owner and who will, upon performance of the purchase contract, become the new Owner of the property.
"Purchase Contract", a binding written agreement whereby an Owner agrees to sell property including, without limitation, a purchase and sale agreement, contract of sale, purchase option or other similar instrument.
"Sale", an act by which an Owner conveys, transfers or disposes of property by deed or otherwise, whether through a single transaction or a series of transactions, within a 3 year period; provided, that a disposition of housing by an Owner to an Affiliate of such Owner shall not constitute a Sale.
"Short-Sale," a Sale approved by the Mortgagee to a bona fide Purchaser at a price that is less than the Borrower's existing debt on the Housing Accommodation.
"Successor”, the entity through which a Tenant Association may take title to the residential property, including any of the following: (i) a non-profit or for-profit entity controlled by the Tenant Association; or (ii) a limited equity cooperative organized under Chapter 157B or non-profit corporation organized under Chapter 180, in either case controlled by the Tenants of the property; or (iii) a joint venture between any of the entities in (i) or (ii) and another party (including non-profit and for-profit entities) with: (a) the requisite experience in acquiring, developing and owning residential property, and (b) the financial capacity to secure financing of the purchase transaction; any such joint venture shall be for the purpose of the use of the property as Long-Term Affordable Housing set out in a recorded restriction.
"Tenant", a person entitled to possession or occupancy of a rental unit within residential housing, including a subtenant, lessee and sublessee.
"Tenant Association", an organization with a membership limited to present Tenants of a property that: (i) is registered with, or if no registry exists has provided a letter stating its formation to, the municipality that has adopted an ordinance consistent with this section; or (ii) is a non-profit organization incorporated under chapter 180; provided that an organization shall not be a Tenant Association if there is evidence that it was organized by the Owner.
"Third-Party Offer", an offer to purchase the mortgaged property for valuable consideration by an arm's length Purchaser; provided, that a Third-Party Offer shall not include an offer by the Borrower or the Tenants.
"Third-party Purchaser", a Purchaser that is not the Tenant Association at the property, or its Designee, Successor, or an Affiliate.
(b) A city or town may adopt this section in the manner provided in section 4 of chapter 4. The acceptance of this local option by a municipality shall take effect no later than 180 days after such adoption. A city or town may at any time revoke the acceptance of this section in the manner provided in section 4 of chapter 4. The revocation shall not affect agreements relative to Tenants’ rights to purchase that have already been asserted, that is, when a Tenant Association, its Successor, Designee or Assignee, have submitted an offer to the Owner, or executed the proposed purchase contract or other agreement acceptable to both parties, prior to the revocation.
(c) A city or town’s ordinance or bylaw accepting this Section may contain provisions that establish:
additional tenancy protections for Tenant households that do not participate in the Tenant Association; additional penalties, municipal enforcement authority, and enforcement mechanisms, in addition to recorded restrictions, for enforcing the ordinance and provisions of this section, and/or rules and regulations implementing this section; mandated use of a standard purchase contract, prepared or approved by the municipality and consistent with this Section, for Owners to provide to the Tenant Association, its Designee or Successor, under paragraph (d)(4); for housing transferred under this section, additional affordability restrictions on the total percentage of affordable units, the level of affordability, and/or the length of time such restrictions shall be in place; and/or creating confidentiality agreement forms for Owners to use to protect against the public disclosure of information provided pursuant to subsection (d)(5)(ii).
(d) In any city or town that adopts the provisions of this section:
(i) an Owner of a residential building shall notify the municipality and each Tenant household, in writing by hand delivery and United States' mail, of the Owner's intention to sell the property, with copy of the municipality's prepared summary of the ordinance adopted hereunder, which shall include a reference to the lists in (ii).
(ii) The municipality shall maintain a list of qualified affordable housing developers and of qualified technical assistance providers for residents and provide these lists to the residents.
A Tenant Association with the Minimum Tenant Participation may select a Successor entity or a Designee to act on its behalf as purchaser of the property and shall give the Owner and the municipality notice of its selection.
(i) An Owner of a residential building, unless the Owner is exempt from this Section and it is the Owner’s burden to provide proof of qualification for an exemption, shall provide to the Tenant Association with Minimum Tenant Participation (if such association exists) or its Successor or Designee, an opportunity to purchase the property pursuant to the time periods contained in this Section, but no Owner shall be under any obligation to enter into an agreement to sell such property to the Tenant Association, its Successor or Designee under this subsection (d)(3).
(ii) A Tenant Association with the Minimum Tenant Participation, or its Successor or Designee, may, within 30 days after receipt of the Owner's intention to sell, submit an offer to the Owner to purchase the property. Failure to submit an offer within thirty days shall constitute an irrevocable waiver of the Tenants' rights under this paragraph (3). An Owner also may accept an offer and execute a purchase contract with a third party during this thirty-day period, subject to paragraphs (4) to (7), inclusive.
Upon execution of any purchase contract with a third party, the Owner shall, unless the Owner can prove they are exempt from this Section, within 7 days, submit: a copy of the executed contract and proof that the deposit toward the purchase has been paid by the third party along with a proposed purchase contract for execution by Tenant Association or its Successor, or Designee (collectively, “the Purchase Documents”), and if no Tenant Association or Successor or Designee exists, the Owner shall provide the Purchase Documents to the municipality and provide a summary of the Purchase Documents (including purchase price, amount and schedule of deposits, length of due diligence/ deposit refundability period, and closing date) to each Tenant household, by hand delivery and United States' mail.
If (i) at least 30 days has passed from the Tenant households’ receipt of notice of the Owner’s intention to sell (provided for in (d)(1)) and their receipt of the summary of the Purchase Documents, and if a Tenant Association, with or without Minimum Tenant Participation, or its Successor or Designee does not exist, then the Owner may immediately proceed with the purchase contract with the third party; if (ii) less than 30 days have passed and no Tenant Association with Minimum Tenant Participation has been formed, the Tenants shall have 45 days after the receipt of the summary of the Purchase Documents, to form a Tenant Association with Minimum Tenant Participation, select a Designee or Successor it they choose, and have the Tenant Association or its Successor or its Designee execute the proposed purchase contract or such other agreement as is acceptable to both parties; and
(iii) in all other cases, if the Tenant Association, or its Successor or, its Designee, elect to purchase the property, the Tenant Association, or its Successor, or its Designee, shall within 21 days after the receipt of the third-party purchase contract and the proposed purchase contract, execute the proposed purchase contract or such other agreement as is acceptable to both parties.
The time periods set forth in this subsection may be extended by agreement between the Owner and the Tenant Association, its Successor or its Designee. Except as otherwise specified in subsection (5), the terms and conditions of the proposed purchase contract offered to the Tenant Association, Successor, or its Designee, shall be the same as those of the executed third-party purchase contract. The Tenant Association or its Successor or Designee must include reasonable evidence of Minimum Tenant Participation with its proposed purchase contract.
Any purchase contract offered to, or proposed by, the Tenant Association, its Successor or its Designee shall provide at least the following terms: the earnest money deposit shall not exceed the lesser of: the deposit in the third-party purchase contract; 5 per cent of the Sale price; or $250,000; provided, however, that the Owner and the Tenant Association, or its Successor, or its Designee, may agree to modify the terms of the earnest money deposit; provided, further, that the earnest money deposit shall be held under commercially-reasonable terms by an escrow agent selected jointly by the Owner and the Tenant Association, its Successor or its Designee; the Owner must provide the following information, documentation, and permissions, within 20 days of the date of the purchase contract of the Tenant Association, its Designee or Successor: the current rent roll by unit size without tenant names or other identifying information; the expiration date of every lease (if there is a lease); documentation of all operating expenses for the prior two years, including utilities, insurance premiums, bills for repairs, and capital improvements; permission to inspect all common and maintenance service areas of the property, including roof, boiler room, electrical and telecommunications rooms; permission to conduct inspections and tests for the presence of lead paint and asbestos; and permission to do tests for regulated environmental toxins on unbuilt areas of the property, if required by the lender of the Tenant Association, or its Designee or Successor; the contract will contain all reasonable contingencies, including financing, marketability of title, and appraisal contingencies; the earnest money deposit shall be refundable for not less than 60 days from the date of execution of the purchase contract or such greater period as provided for in the third-party purchase contract (due diligence period); provided, however, that if the Owner unreasonably delays the buyer's ability to conduct due diligence during the 60 day period, the earnest money deposit shall continue to be refundable for an additional period of one day for every day beyond 20 days that the Owner has not complied with the provisions of subsection (5) (ii) above. After the expiration of the specified time period, the earnest money deposit shall become non-refundable but shall continue to be a deposit toward the full purchase price.
Real estate broker commissions or fees that are associated with the third-party purchase transaction shall be payable upon the closing of the purchase.
Closing date: The Tenant Association or its Successor, or Designee, shall have 60 days for a property of 1 to 5 units, 75 days for a property of 6 to 20 units, and 120 days for a property of 21 or more units, from execution of the purchase contract to perform all due diligence, secure financing for and close on the purchase of the building; provided, however, that if the Owner unreasonably delays the buyer's ability to conduct due diligence, the closing date shall be extended for an additional period of one day for every day beyond the required 30 days that the Owner has not complied with the provisions of subsection (d) (5) (ii) above. Failure to exercise the purchase option by the closing date shall constitute a waiver of the purchase option by the Tenant Association, its Successor, or its Designee. The closing date may be extended by agreement of both parties.
If the Tenant Association, its Designee or Successor, do not exercise their purchase option the Owner may proceed with the sale to the third-party. If the closing date in the third-party contract is extended, for each such extension, the Owner shall provide the municipality and the Tenant Association, Designee or Successor a notarized amendment to the purchase contract extending the date of the closing. Within 7 days of the termination of the third-party purchase contract the Owner shall notify the municipality and the Tenant Association, its Designee or its Successor of the termination. Said notice shall trigger the provisions of paragraphs (d)(1) through (d)(7) of this Section.
In any instance where the Tenant Association, its Designee or Successor, is not a successful purchaser, an Owner shall provide evidence of compliance with this Section by filing a affidavit of compliance signed under the penalty of perjury with the municipality, the Department, and the official records of the county where the property is located within seven days of the Sale.
The Tenant Association, Successor, or its Designee shall ensure that their purchase of the property will not result in the displacement of any Tenant households existing at the time of purchase based solely on their choice not to participate in the purchase of the property.
Any property acquired under this subsection, that is not subject to a Long-Term Affordable Housing requirement, shall be for the purpose of use of the property as: (i) Long-Term Affordable Housing set out in a recorded restriction; (ii) cooperative housing subject to a covenant, satisfactory to the municipality in form and substance and having a term of not less than twenty years, that a majority of residential units be occupied by Tenant-stockholders as their primary residence; or (iii) condominium units subject to a covenant, satisfactory to the municipality in form and substance and having a term of not less than twenty years, that a majority of units be occupied by unit Owners as their primary residence. For purposes of (ii) and (iii) of this requirement, Owner-occupied or Tenant-stockholder occupied includes (i) a person in military service on active duty who intends to occupy the residential unit when not on active duty, and (ii) a disabled occupant where the Owner/Tenant-stockholder is a their parent or legal guardian.
This subsection (d) shall not apply to the following:
Property that is the subject of a government taking by eminent domain or a negotiated purchase in lieu of eminent domain; a proposed below-market Sale to an organization organized under Section 501(c)(3) of the Internal Revenue Code where the property shall be used or developed as Long-Term Affordable Housing; any Sale of publicly-assisted housing, as defined in section 1 of chapter 40T; rental units in any hospital, skilled nursing facility, or health facility; rental units in a nonprofit facility that has the primary purpose of providing short term treatment, assistance, or therapy for alcohol, drug, or other substance abuse; provided, that such housing is incident to the recovery program, and where the client has been informed in writing of the temporary or transitional nature of the housing; rental units in a nonprofit facility that provides a structured living environment that has the primary purpose of helping homeless persons obtain the skills necessary for independent living in a permanent housing and where occupancy is restricted to a limited and specific period of time of not more than 24 months and where the client has been informed in writing of the temporary or transitional nature of the housing at its inception; public housing units owned or managed by or with a ground lease from the local housing authority; any residential property where the Owner, who owns it directly or through an Affiliate, can show that (i) the Owner is a natural person(s), which natural person(s), together and/or separately, own, either directly and/or through an Affiliate(s), fewer than 10 residential rental units in the municipality.
Any unit that is held in trust on behalf of a disabled individual who permanently occupies the unit, or a unit that is permanently occupied by a disabled parent, sibling, child, or grandparent of the Owner of that unit; any property that is owned by a college or university that is occupied exclusively by students; any Sale to an Immediate Family Member of the Owner for a total purchase price at or below the current assessed value of the property; a transfer by devise, descent, or operation of law upon the death of a natural person; a Sale of a newly constructed property for which the initial certificate of occupancy was issued no earlier than three years prior to the date of the purchase contract between a buyer and the party to which the certificate of occupancy was issued; a property of one to four units, where the owner actually maintains and occupies one of the units as his/her residence; any residential property where the Owner directly or indirectly through an Affiliate owns only one unit in the property; or any property with more than 50 residential units, where the median rent of the property is at least 150% of the median rent of the municipality as determined by the most recent American Community Survey of the Census Bureau.
The Department shall enforce this subsection (d) and shall promulgate rules and regulations necessary for enforcement. The Department shall provide municipalities with sample purchase contracts incorporating the requirements of this Section that an Owner can provide to a Tenant Association, its Designee or Successor.
(e) Short-Sales. In any city or town that adopts the provisions of this Section:
An Owner, other than the Owner of a 1- 4 unit Owner-occupied property, shall give notice to each Tenant household of a Housing Accommodation of the intention to sell the Housing Accommodation by way of Short-Sale to avoid Foreclosure. Such notice shall be mailed by regular and certified mail, with a simultaneous copy to the attorney general, and the municipality adopting this section within 2 business days of the Owner's submission of a request or application to the Mortgagee for permission to sell the Housing Accommodation by way of Short-Sale or to accept a Deed in Lieu. This notice shall also include a notice of the rights provided by this section.
No Mortgagee may accept any Third-Party Offers or deem the Owner's application for Short-Sale submitted for review unless and until: the Mortgagee receives documentation in a form approved by the attorney general demonstrating that the Tenants of the Housing Accommodation have been informed of the Owner's intent to seek a Short-Sale or Deed in Lieu and the Tenants have had the opportunity to express their interest in exercising a right of first refusal within 60 days or the opportunity to assigned their right of first refusal, or the Tenants have waived those rights. If Tenants have not affirmatively expressed their interest in exercising a right of first refusal or in assigning that right within 60 days, or have not affirmatively waived that right within 60 days, the Tenants' rights are deemed waived.
Before a Housing Accommodation may be transferred by Short-Sale or Deed in Lieu, the Owner, other than the Owner of a 1-4 unit owner-occupied property shall notify each Tenant household, with a simultaneous copy to the attorney general and the municipality adopting this section, by regular and certified mail, of any bona fide offer that the Mortgagee intends to accept. Before any Short-Sale or transfer by Deed in Lieu, the Owner shall give each Tenant household such a notice of the offer only if households constituting at least 51 per cent of the households occupying the Housing Accommodation notify the Owner, in writing, that they collectively desire to receive information relating to the proposed Sale. Tenants may indicate this desire within the same notice described in paragraph (2). Any notice of the offer required to be given under this subsection shall include the price, calculated as a single lump sum amount and of any promissory notes offered in lieu of cash payment.
A Tenant Association representing at least 51 per cent of the households occupying the Housing Accommodation that are entitled to notice under the preceding paragraph (3) shall have the collective right to purchase, in the case of a Third-Party Offer that the Mortgagee intends to accept, provided that it: submits to the Owner reasonable evidence that the Tenants of at least 51 per cent of the occupied units in the Housing Accommodation have approved the purchase of the Housing Accommodation, submits to the Owner a proposed purchase and sale agreement on substantially equivalent terms and conditions within 60 days of receipt of notice of the offer made under the preceding paragraph (3), obtains a binding commitment for any necessary financing or guarantees within an additional 90 days after execution of the purchase and sale agreement, and closes on such purchase within an additional 90 days after the end of the 90-day period described in clause (iii).
No Owner shall unreasonably refuse to enter into, or unreasonably delay the execution or closing on a purchase and sale with Tenants who have made a bona fide offer to meet the price and substantially equivalent terms and conditions of an offer for which notice is required to be given pursuant to paragraph (3). Failure of the Tenants to submit such a purchase and sale agreement within the first 60-day period, to obtain a binding commitment for financing within the additional 90-day period or to close on the purchase within the second 90-day period, shall serve to terminate the rights of such Tenants to purchase. The time periods herein provided may be extended by agreement. Nothing herein shall be construed to require an Owner to provide financing to such Tenants. A Tenant Association that has the right to purchase hereunder, at its election, may assign its purchase right hereunder to the city or town in which the Housing Accommodation is located, or the housing authority of the city or town in which the Housing Accommodation is located, or an agency of the commonwealth, nonprofit, community development corporation, affordable housing developer, or land trust. A right to purchase hereunder shall be for the purpose of maintaining the use of the Housing Accommodation as permanently affordable rental housing.
The right of first refusal created herein shall inure to the Tenants for the time periods hereinbefore provided, beginning on the date of notice to the Tenants under paragraph (1). The effective period for such right of first refusal shall begin anew for each different offer to purchase that the Mortgagee intends to accept. The right of first refusal shall not apply with respect to any offer received by the Owner for which a notice is not required pursuant to said paragraph (3).
In any instance where the Tenants are not the successful purchaser of the Housing Accommodation, the Mortgagee shall provide evidence of compliance with this section by filing an affidavit of compliance signed under the penalty of perjury with the attorney general, and the registry of deeds for the county and district where the property is located within 7 days of the Sale.
The attorney general shall enforce this subsection (e) and shall promulgate rules and regulations necessary for enforcement. The attorney general may seek injunctive, declaratory, and compensatory relief on behalf of Tenants and the Commonwealth in a court of competent jurisdiction. The attorney general shall post a sample intent to sell notice, sample proof of notice to Tenants, sample notice of offer, and other necessary documents.
(f) Foreclosures. In any city or town that adopts the provisions of this Section:
When a Mortgagee seeks to foreclose, the Mortgagee shall provide copies of all Foreclosure notices required by Chapter 244, sections 14 and 35A, or any other applicable Foreclosure law, by regular and certified mail to the Tenants of the Housing Accommodation and to the municipality adopting this Section. The Mortgagee shall also provide Tenants and the municipality, by regular and certified mail, with a copy of any Complaint filed in Land Court and any Order of Notice issued by the Land Court, pursuant to the Service Members Civil Relief Act if applicable, within five (5) days of issuance.
The Mortgagee shall provide each Tenant household and the municipality adopting this Section, by regular and certified mail, a copy of any and all Notices of Sale published pursuant to Section 14 of chapter 244.
No later than 5 business days before the Foreclosure Auction of a Housing Accommodation, the Tenants shall inform the Mortgagee, in writing, if a Tenants Association representing at least fifty-one percent of the households occupying the Housing Accommodation or an entity to which they have assigned their right of first refusal intend to exercise their right of first refusal at Auction and desire to receive information relating to the proposed Auction.
A Tenants Association representing at least fifty-one percent of the households occupying the Housing Accommodation or their assignee may exercise their collective right to purchase the Housing Accommodation, in the event of a Third-Party Offer at Auction that the Mortgagee receives, provided that the Tenants Association submits to the Mortgagee reasonable evidence that the Tenants of at least fifty-one percent of the occupied homes in the Housing Accommodation have approved the purchase of the Housing Accommodation, submits to the Mortgagee a proposed purchase and sale agreement on substantially equivalent terms and conditions to that received by the Mortgagee in the Third-Party Offer within sixty days of receipt of notice of the bid made under paragraph (3) of this section, obtains a binding commitment for any necessary financing or guarantees within an additional ninety days after execution of the purchase and sale agreement, and closes on such purchase within an additional ninety days after the end of the ninety-day period under clause (iii).
No Mortgagee shall unreasonably refuse to enter into, or unreasonably delay the execution or closing on a purchase and sale with Tenants who have made a bona fide offer to meet the price and substantially equivalent terms and conditions of a bid received at Auction. Failure of the Tenants to submit such a purchase and sale agreement within the first sixty day period, to obtain a binding commitment for financing within the additional ninety day period or to close on the purchase within the second ninety-day period, shall serve to terminate the rights of such Tenants to purchase. The time periods herein provided may be extended by agreement.
Nothing herein shall be construed to require a Mortgagee to provide financing to such Tenants. A Tenant Association which has the right to purchase hereunder, at its election, may assign its purchase right hereunder to the city, town, housing authority, or agency of the commonwealth, nonprofit, community development corporation, affordable housing developer, or land trust; a right to purchase hereunder shall be for the purpose of maintaining the use of the Housing Accommodation as permanently affordable rental housing.
If there are no third-party bids at Auction for the Housing Accommodation, the Tenants shall have a right of first refusal whenever the Mortgagee seeks to sell the Housing Accommodation. The Tenants shall be notified of any offers the Mortgagee intends to accept and shall be given an opportunity to meet the price and substantially the terms of a Third-Party Offer based on the same time line described in paragraph (4).
The right of first refusal created herein shall inure to the Tenants for the time periods herein before provided, beginning on the date of notice to the Tenants under paragraph (1).
In any instance where the Tenants are not the successful purchaser, the seller of such unit shall provide evidence of compliance with this Section by filing an affidavit of compliance signed under the penalty of perjury with the attorney general, the Department, and the official records of the county where the property is located within seven days of the Sale.
The attorney general shall enforce this subsection (f) and shall promulgate rules and regulations necessary for enforcement. The attorney general may seek injunctive, declaratory, and compensatory relief on behalf of Tenants and the Commonwealth in a court of competent jurisdiction. The attorney general shall post a sample intent to sell notice, sample proof of notice to Tenants, sample notice of offer, and other necessary documents.
(h) Any notice required by this section, except notice provided by a Tenant Association to the municipality, shall be deemed to have been provided when delivered in person or mailed by certified or registered mail, return receipt requested, to the party to whom notice is required; except that with respect to providing notice to Tenants, notice shall be deemed to have been provided when either: (i) the notice is delivered in hand to the Tenant or an adult member of the Tenant's household; or (ii) the notice is sent by first class mail and a copy is left in or under the door of the Tenant's dwelling unit. A notice to the affected municipality shall be sent to the chief executive officer.
(i) It is illegal for an Owner or their agent to take any action to evict, threaten, coerce, or retaliate against a Tenant or Tenants in order to avoid application of this Section.
(j) A Tenant, Tenant Association, or Successor, Designee or assignee shall not solicit or accept payment or any other consideration for assigning or waiving any rights under this section.
(k) Aggrieved Tenants, Tenant Associations, Designees, Successors, assignees, and municipalities may seek damages under chapter 93A and may file a complaint with the attorney general, and may also file a court complaint for equitable and/or monetary relief, including but not limited to damages of a percentage of the sales price and/or injunctive relief in the form of specific performance. Nothing in this Section shall be construed to limit or constrain in any way the rights Tenants currently have under applicable laws, including but not limited to chapters 186 and 186A. At all times, all parties must negotiate in good faith.
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An Act creating the Massachusetts healthy homes program
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S881
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SD728
| 193
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{'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-01-13T09:18:20.557'}
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[{'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-01-13T09:18:20.5566667'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-02-01T16:09:24.1833333'}, {'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-02-07T11:03:35.45'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-09T12:36:07.9566667'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-16T09:47:24.8733333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-20T16:26:48.3833333'}, {'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-02-22T09:33:28.8733333'}, {'Id': 'M_C3', 'Name': 'Manny Cruz', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C3', 'ResponseDate': '2023-02-24T14:32:29.1333333'}, {'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-02-28T11:48:10.22'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-03-08T09:27:42.3933333'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-03-08T09:27:56.89'}, {'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-03-09T15:12:36.36'}, {'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-03-09T15:28:22.62'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-03-13T09:30:58.9533333'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-03-29T16:57:02.43'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-06-14T09:06:12.9633333'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-06-28T15:46:11.4366667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-08T08:05:46.7966667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S881/DocumentHistoryActions
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Bill
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By Mr. Keenan, a petition (accompanied by bill, Senate, No. 881) of John F. Keenan, Jacob R. Oliveira, John C. Velis, Joanne M. Comerford and other members of the Senate for legislation relative to create the Massachusetts healthy homes program. Housing.
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SECTION 1: Notwithstanding any general or special law or any rule or regulation to the contrary, chapter 23B of the General Laws is hereby amended by inserting after section 30 the following new section:-
Section 31(a). As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:-
“Eligible Applicant”, an owner of residential property in Massachusetts who, in the sole determination of the department, (1) is (a) an owner-occupant, (b) small landlord, or (c) larger landlord; (2) meets any income eligibility and other requirements of the program; and (3) owns a property with habitability concerns.
“Existing Home Repair Programs”, financial assistance administered by governmental, quasi-governmental, and nonprofit organizations, or the contractors and assignees of such entities, that provide services to repair residential housing, including mixed-use projects that include residential housing.
“Habitability Concerns”, home repairs that are required to ensure residential units are (1) fit for human habitation; (2) free from defective conditions and health and safety hazards, including, but not limited to, asbestos, mold, pests, and lead; and (3) free of conditions preventing installation of measures to improve energy or water efficiency, utilize renewable energy, or lower utility costs.
“Owner-Occupant”, an individual who has title to a one-to-three unit residential building who resides in at least one of the units as the principal residence of the individual.
“Low-Income Owner-Occupant”, an Owner-Occupant with a household income of no more than eighty percent of area median income.
“Moderate-Income Owner-Occupant”, an Owner-Occupant with a household income of at least eighty percent of area median income but no more than one hundred thirty five percent of area median income.
“Other Eligible Owner-Occupant”, an Owner-Occupant who (1) meets the definition of neither a low-income owner-occupant nor a moderate-income owner-occupant; and (2) leases at least one other residential unit in the building.
“Small Landlord”, an individual who has title to a building (1) with more than three residential units or (2) but does not live in that building for at least six months of any year; and (3) has financial interest in neither more than three buildings nor more than fifteen residential units.
“Larger Landlord”, an individual who has title to more than one residential unit who meets the definition of neither an owner-occupant nor a small landlord.
Section 31(b). The department shall make reasonable efforts to coordinate with other governmental, quasi-governmental, and nonprofit organizations administering programs that create a healthier environment for residents by means including, but not limited to, rehabilitating existing housing or making homes lead-safe. The department may contract with other governmental, quasi-governmental, and nonprofit organizations to administer one or more of these programs on its behalf.
Section 31(c). The department shall establish the Massachusetts healthy homes program fund, which may receive funds from governmental, quasi-governmental, nonprofit organizations, for-profit organizations and individuals, provided that any funds received from private organizations and individuals are made without conditions and without recourse. All appropriations from the commonwealth, interest income on Massachusetts healthy homes program fund receipts and repayments shall remain in the Massachusetts healthy homes program fund and not revert to the commonwealth. The department shall make distributions from the Massachusetts healthy homes program fund to one or more eligible applicants.
The department, and entities administering the Massachusetts healthy homes program fund on the department’s behalf, may make grants or loans from the fund to eligible applicants to ensure owner-occupied and rental units are free of habitability concerns.
For low-income owner-occupants, the assistance shall be provided as a grant.
For moderate-income owner-occupants, the assistance shall be provided as a zero percent deferred payment loan with no repayment due until sale or refinancing of the property. If the moderate-income owner-occupant continues to own the property for three years after receiving the loan, then the loan shall be forgiven.
For other eligible owner-occupants and small landlords, the assistance shall be provided as a zero percent deferred payment loan with no repayment until sale or refinancing of the property. An other eligible owner-occupant or a small landlord may apply for loan forgiveness once three years have passed following receipt of the loan. The department shall forgive the loan if the department determines that the other eligible owner-occupant or the small landlord has (1) owned the property without interruption after having received the loan; (2) addressed all habitability concerns in a timely fashion; (3) not evicted tenants, other than for cause; and (4) kept rent increases to no more than five percent per year in each of the past three years.
For larger landlords, the assistance shall be provided as a below-market-rate loan with interest rate and repayment term determined by the department. The department shall provide said below-market-rate loan only to a larger landlord who executes an agreement with the department that, for a term of three years, requires the landlord who owns such property to: (1) maintain ownership of the property without interruption after having received the loan; (2) address all habitability concerns in a timely fashion; (3) not evict tenants, other than for cause; and (4) keep rent increases to no more than five percent per year for each of the three years. If a larger landlord does not comply with the requirements of the loan, then the department may require immediate repayment of the assistance.
The department, and entities administering the Massachusetts healthy homes program fund on the department’s behalf, shall administer the Massachusetts healthy homes program fund under program guidelines established by the department and using program forms established by the department. The department, and any other such administering entities, shall strive to, in its administration of the program, make funds available to address habitability concerns and (1) augment funds from other home repair programs; (2) increase retention in workforce development programs associated with home repairs; (3) provide technical assistance to address habitability concerns; and (4) support outreach, including, but not limited to, minimizing cultural, linguistic or other barriers and maximizing access to program resources. The department may use funds from the Massachusetts healthy homes program fund for said activities.
Grants or loans from the Massachusetts healthy homes program fund shall not exceed $50,000 per unit, unless the department waives this limit upon a determination of the necessity of such waiver, provided that the average amount of assistance does not exceed $50,000 per unit.
At least fifty percent of the funds shall be made to owners of buildings located in a gateway municipality as defined in section 3A of chapter 23A.
Section 31(d). The department shall promulgate guidance or regulations to enforce the provisions of this act no later than 180 days after the effective date of the act. The department shall report on all expenditures from the Massachusetts healthy homes program fund to the clerks of the senate and the house of representatives, the joint committee on housing and the senate and house committees on ways and means not later than eighteen months after the promulgation of this act and annually thereafter. The department shall also make the report publicly available on the website of the executive office of housing.
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An Act relative to cimex lectularius
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S882
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SD2399
| 193
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{'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-01-20T16:42:36.147'}
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[{'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-01-20T16:42:36.1466667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S882/DocumentHistoryActions
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Bill
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By Mr. Keenan, a petition (accompanied by bill, Senate, No. 882) of John F. Keenan for legislation relative to bed bugs. Housing.
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SECTION 1. (a) For purposes of this section the following words shall have the following definitions, unless the context clearly requires otherwise:-
“Bed bug” means an insect of the species “Cimex Lectularius,” commonly referred to as a bed bug.
“Control” means the process required by a professional pesticide applicator in an attempt to eliminate or manage an infestation of bed bugs by poisoning, spraying, fumigating, trapping or by any other recognized and lawful pest-elimination method, including repeated applications of any treatment, particularly to areas where bed bugs are likely to congregate, provided that the department of public health may recommend and issue standards on treatment methods as they see fit based on the availability of updated information and science. Control of bed bugs shall be deemed completed if there has been no evidence of bed bug activity for thirty (30) days after the last application of any treatment.
“Infestation” means the presence of bed bugs, or signs of their presence, in a quantity large enough that the tenant of a dwelling unit has knowledge, or should have knowledge, of the presence of bed bugs in the dwelling unit.
“Surrounding unit” means a unit or units that share a common wall or are located above or below.
“Owner” and “Tenant” shall have the same meaning as defined in 105 CMR 410.000.
“Certified Applicator” shall have the meaning provided in section 2 chapter 132B.
(b) This act shall not apply to dwellings containing one dwelling unit.
SECTION 2. (a) Notwithstanding any general or special law to the contrary, any tenant that asserts that an infestation of bed bugs is present in the tenant’s dwelling unit shall: (1) immediately provide notice to the owner in writing after becoming aware of the presence of bed bugs; (2) allow the owner, as well as its agents, inspectors, certified applicators, and contractors, to enter the dwelling unit to perform inspections repairs, exterminations, and applications, upon not less than 24 hour notice; (3) within a reasonable period of time after receipt of notice from the certified applicator, comply with any and all protocols and instructions afforded to tenant by the certified applicator, including without limitation, encasing and sealing personal property in plastic bags, laundering personal property, removing personal property which may be to be infested with bed bugs; and (4) removing unreasonable amounts of personal property which are deemed to be interfering with the proper treatment of the bed bugs by the certified applicator.
No tenant shall interfere with the certified applicator’s performance of any extermination or inspection.
(b) Any tenant that fails to provide access to the dwelling unit, interferes with any inspection or extermination, or fails to comply with the protocols and/or instructions of the certified applicator, shall be responsible for any actual and consequential damages incurred by the owner as a result of such denials. In addition, an owner shall be entitled to the issuance of injunctive relief against any such tenant, including an order prohibiting a tenant from occupying a dwelling unit during the period that the certified applicator is performing any required exterminations.
SECTION 3. Notwithstanding any special or general law to the contrary, at such time as an owner shall have actual or constructive knowledge of the infestation of bed bugs in a dwelling unit, the owner shall be required to maintain the dwelling unit free of an infestation of bed bugs.
Within 5 business days of receiving a notice from any tenant of an infestation of bed bugs, the owner shall perform a visual inspection of the dwelling unit. In the event the owner observes the infestation of bed bugs in the dwelling unit, the owner shall commence the extermination protocol and notify the tenants of any surrounding units. In the event the owner is issued a citation by any state, city, or town inspector indicating the existence of bed bugs, the owner shall commence the extermination protocol.
In the event that an infestation is present in a dwelling unit within a building with a manager or organization of unit owner as defined by section 1 of chapter 183A of the General Laws, the owner of the infested unit shall immediately provide notice to the manager or organization of unit owners, who shall then provide notice in writing to the surrounding units. An owner shall be deemed to have constructive knowledge of an infestation of bed bugs in the event the owner is aware of an infestation of bed bugs in any surrounding unit.
SECTION 4. Notwithstanding any general or special law to the contrary, within 10 business days of actual or constructive knowledge of an infestation of bed bugs, the owner shall retain the services of a certified applicator to inspect the dwelling unit to confirm the presence of an infestation of bed bugs. In the event the certified applicator fails to observe an infestation of bed bugs, the owner shall have no further obligation to perform further inspections for bed bugs in the dwelling unit unless the tenant provides the owner with a written report from a certified applicator identifying the existing of an infestation of bed bugs in the dwelling unit.
In the event a certified applicator identifies an infestation of bed bugs in a dwelling unit, the owner shall perform such treatments and extermination services as may be required by the certified applicator. The owner shall then perform such further treatments and exterminator services as may be required by the certified applicator until such time as the control of the bed bugs shall be deemed to be completed.
The owner shall perform a visual inspection for an infestation of bed bugs no later than 30 days after the certified applicator indicates that the control of the bed bugs has been completed. In the event that the owner fails to observe the presence of bed bugs at such inspection, the extermination of bed bugs shall be complete.
SECTION 5. Notwithstanding any general or special law to the contrary, prior to entering into a lease agreement with a tenant for an unoccupied unit, an owner shall perform a visual inspection of the dwelling unit that is subject to said lease and verify in writing to the tenant that the dwelling unit is free of an infestation of bed bugs.
In the event the owner observes the presence of any bed bugs or other evidence of the existence of bed bugs in the dwelling unit upon visual inspection, the owner shall commence the extermination protocol set forth in sections 2 and 3 of this act before the lease agreement is signed.
In the event a lease agreement is entered into by an owner and tenant and the owner fails to provide written verification that the dwelling unit is free of an infestation of bed bugs at time of signing, the tenant shall not be held liable for any actual or consequential damages caused by an infestation of bed bugs if said infestation is confirmed within 30 days of signing.
SECTION 6. Notwithstanding any general or special law to the contrary, no owner shall be liable for any actual or consequential damages caused by an infestation of bed bugs unless the owner fails to comply with the requirements of this act.
Nothing herein shall prevent the owner and tenant from entering into an agreement assigning other duties and obligations in relation to the costs and duties pertaining to bed bug controls.
SECTION 7. Notwithstanding any general or special law to the contrary, the department of public health shall prepare an information sheet that describes bed bugs and explains how bed bug infestations spread. The information sheet may contain additional information the department deems necessary and shall be updated by the department as new information concerning bed bugs becomes available.
(a) Notwithstanding the above, the information sheet shall contain the following information: (1) specific facts about bed bugs, including its appearance, breeding and feeding habit; (2) tenant behaviors that are risk factors for attracting and supporting the presence of bed bugs such as, but not limited to, purchasing renovated mattresses, used furniture or pre-owned clothing, and travel to tropical climates without proper precautions; (3) measures that may be taken to prevent and control bed bugs in a residential setting including professional pest control exterminating, cleaning the dwelling space and mattresses, and laundering bedclothes and clothing; (4) in conspicuous form, a statement describing the legal rights and obligations imposed on tenants and owners per this act.
(b) The department shall make the information sheet available online to owners, tenants, and members of the general public, in a form suitable for downloading and printing by owners for their use in tenant bed bug education.
(c) The department shall make the information sheet available in both English and Spanish languages.
(d) The information sheet shall serve as an informational document only, and nothing therein shall be construed as binding on or affecting judicial determination related to this act. The information sheet shall not be deemed to be medical advice.
(e) Any owner entering into a lease agreement with a tenant shall provide a copy of the information sheet at the time of the lease signing.
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An Act relative to creating a statutory housing restriction and providing remedies related to statutory housing
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S883
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SD1330
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{'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-01-12T10:33:41.717'}
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[{'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-01-12T10:33:41.7166667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S883/DocumentHistoryActions
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Bill
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By Mr. Kennedy, a petition (accompanied by bill, Senate, No. 883) of Edward J. Kennedy for legislation to create a statutory housing restriction and providing remedies related to statutory housing. Housing.
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SECTION 1. Subsection (b) of section 1 of chapter 30B of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 118, the word “or”; and
by striking out, in line 119, the word “111C” and inserting in place thereof the following words:- “111C; or”; and
by adding at the end thereof the following subsection:- “(35) contracts or other actions to acquire or dispose of statutory housing premises as defined in section 17A of chapter 183, including exercise of the statutory housing power to sell, following which the statutory housing restriction continues in force and effect as to the premises as before.”
SECTION 2. Chapter 183 of the General Laws is hereby amended by adding the following 7 sections:-
Section 17A. As used in this section and sections 17B to 17G, inclusive, the following words shall have the following meanings unless the context clearly requires otherwise:
"Affordable value", the affordable value of the statutory housing premises under the statutory housing condition and the statutory housing power to sell, unless otherwise defined in the restriction, equal to the consideration paid for the premises by the eligible household owning the premises, subject to the statutory housing restriction adjusted in proportion to any increase of the area median income from the date the eligible household acquired the premises to the date next preceding the sale for which such information is publicly available; provided, however, that in a restriction stating an alternate means of determining the value of the statutory housing premises, the “affordable value” shall be the amount determined as stated in that restriction.
"Area median income", the median income for the standard metropolitan statistical area or equivalent area for the statutory housing premises in which the statutory housing premises are located, adjusted for household size, published by the United States Department of Housing and Urban Development or such other standard adopted by the department of housing and community development to measure individual and household incomes.
"Conforming mortgage", a statutory housing restriction having priority over all mortgages, any mortgage which, when aggregated with all then existing mortgages senior to such mortgage, does not secure principal exceeding the affordable value of the statutory housing premises.
"Eligible household", the owner and all persons residing together with the owner at the statutory housing premises and whose household income determined in connection with the acquisition of the statutory housing premises does not exceed the maximum household income established by the holder at the time of such acquisition as stated in the deed, covenant or restriction on the statutory housing premises; provided, however, that if no maximum household income is stated in a deed, covenant or restriction, the household income does not exceed 80 per cent of the area median income, adjusted for the number of individuals in the eligible household.
"Governmental body", the United States or the commonwealth, acting through any of its departments, divisions, commissions, boards or agencies, or a political subdivision or public instrumentality thereof or a public authority or quasi-public entity or a municipal affordable housing trust or an instrumentality, whether acting for its own account or as an agent or designee for or as assignees of a private individual or private entity which has been required to place such restriction in its chain of title as a condition of receiving financial or other assistance from the governmental body.
"Grantor", a person granting a restriction on the statutory housing condition and with the statutory housing power to sell and an individual acquiring the premises subject to such a restriction previously granted.
"Household income", the aggregate combined gross income of all members of a household under standards established by the United States Department of Housing and Urban Development or such other standards established by the department of housing and community development to measure individual and household incomes.
"Statutory housing condition", a condition that may be incorporated in a deed, covenant or restriction by reference, whereby the grantor intends, declares and covenants on behalf of the grantor and grantor's heirs, successors and assigns that the grantor and the grantor's heirs, successors and assigns shall:
(i) occupy the dwelling unit on the statutory housing premises as the principal residence of the grantor and the grantor's eligible household;
(ii) pay and discharge, when due and payable, all debts secured by the statutory housing premises including, without limitation, taxes, mortgages and other voluntary liens and judgments and reimburse the holder on demand for all amounts paid by the holder to discharge such debts, with interest thereon, until reimbursement at the rate applicable to damages in actions for breach of contract obligations.
(iii) not encumber the statutory housing premises or any portion of the statutory housing premises in an amount in excess of its affordable value, nor convey, transfer or otherwise dispose of the statutory housing premises or any portion of the statutory housing premises other than as statutory housing premises; and
(iv) upon disposition, convey a fee interest in the statutory housing premises only to a member of an eligible household, approved in writing by the holder, for consideration not exceeding the affordable value of the statutory housing premises at the time of the conveyance; provided, however, that a continuing or newly-acquired ownership, with continued occupancy as a principal residence by the surviving spouse of a qualified owner in the eligible household who resided at the statutory housing premises as the surviving spouse’s last principal residence before the qualified owner's death, without regard to the surviving spouse's income, shall not constitute a breach of this condition.
"Statutory housing covenant", in a conveyance of real estate:
(i) the grantor, for the grantor and the grantor's heirs, executors, administrators, successors and assigns, covenants with the holder and its successors and assigns that: (a) the granted statutory housing premises are free from all encumbrances made by the grantor; (b) the grantor and the grantor's heirs, executors, administrators, successors and assigns shall warrant and defend the same to the holder and the holder's successors and assigns forever against the lawful claims and demands of all persons claiming by, through or under the grantor, but against none other; (c) the grantor and the grantor's heirs, successors or assigns, during their respective ownership of the statutory housing premises, shall comply fully with the statutory housing condition; and (d) the grantor and the grantor's heirs, successors or assigns, in case a sale shall be made under the statutory housing power to sell, shall, upon request, execute, acknowledge and deliver to any purchaser a deed of release confirming such sale and that the holder and the holder's successors and assigns are appointed and constituted the attorneys-in-fact irrevocable of the grantor to execute and deliver to any such purchaser a deed and a full transfer of all policies of insurance on the buildings upon the land covered by the statutory housing restriction at the time of sale.
"Statutory housing power to sell", the authority of the holder or its successors or assigns, which may be incorporated in a deed, covenant or restriction by reference, upon a default in the performance or observance of the foregoing or other condition reasonably related to maintaining the premises as statutory housing premises, to sell the statutory housing premises or such portion of the statutory housing premises as may remain subject to the statutory housing restriction, together with all improvements thereon, by deed, first complying with the General Laws relating to the holder's sale of statutory housing premises by the exercise of the statutory housing power to sell and may convey the same by proper deed to the purchaser absolutely and in fee simple, but subject always to the statutory housing covenants on the statutory housing condition and with the statutory housing power to sell; provided, however, that such sale shall forever bar the grantor and all persons claiming rights of fee simple ownership under the grantor or claiming mortgages or other liens against the statutory housing premises in excess of the affordable value from all right and interest in the statutory housing premises, whether at law or in equity.
"Statutory housing premises", residential real property subject to a statutory housing restriction.
"Statutory housing restriction", a restriction containing the statutory housing covenants, the statutory housing condition or the statutory housing power to sell.
Section 17B. A deed, covenant or restriction in substance following the form entitled Deed with Statutory Housing Restriction or the form entitled Statutory Housing Restriction shall, when duly executed, have the force and effect of an affordable housing restriction as defined in section 31 of chapter 184, without limitation to the enforcement thereof as stated in section 32 of said chapter 184, to the use of the holder and the holder's successors and assigns with statutory housing covenants, upon the statutory housing condition and with the statutory housing power to sell, to secure the performance of the statutory housing restriction and any obligation therein specified. The parties may insert in such restriction any other lawful agreement or condition reasonably related to the creation, maintenance and preservation of the premises as statutory housing premises.
Section 17C. The following entities shall each be eligible to be a holder of a statutory housing restriction: a governmental body or an agency thereof, a nonprofit organization, a church, employer, university or other entity that is otherwise administering government-sponsored, federal, state or local subsidy programs and any other entity so authorized by the department of housing and community development or a successor agency; provided, however, that no restriction granted on the statutory housing power to sell shall be invalid by reason of being held by other than an eligible entity provided that it is assigned to an eligible entity before the exercise of the statutory housing power to sell.
A city, by the mayor, unless otherwise provided by charter, ordinance or vote of the city council, and a town, by the board of selectmen, unless otherwise provided by charter, by-law or vote of the town, may acquire by gift, purchase, grant, bequest, devise, lease or otherwise a statutory housing restriction on real property resulting from regulatory action or funding by the city or town, or otherwise authorized by the city or town, and may hold and exercise all the holder's rights, including the authority to acquire and reconvey the real property as statutory housing premises and otherwise administer and enforce the statutory housing restriction.
Section 17D. On written notice from an owner of statutory housing premises or from a mortgagee, proposed mortgagee or other person holding a lien on such premises, the holder shall state in writing the affordable value of the statutory housing premises as of the nearest date for which such determination can be made from public record and such other facts known to the holder necessary to establish whether the owner or other person is in compliance with the statutory housing restriction. Such certificate shall be conclusive as to a mortgagee or other person relying thereon and providing value to the owner within the affordable value or transferring the property pursuant to the statutory housing restriction. The holder may charge a reasonable fee for providing the certificate.
Section 17E. A statutory housing restriction shall continue until terminated by agreement of the holder, by legislative or judicial action or otherwise according to law unless a term of years is stated in the restriction. On termination of a statutory housing restriction for any reason prior to expiration of its term and after payment of the affordable value to the owner, mortgagees and other lienholders according to the priority established by law, or such greater amount as is payable under section 3 of chapter 244A, as to holders of conforming mortgages, the holder alone shall be entitled to receive the difference between the affordable value of the statutory housing premises immediately before termination, regardless of the remaining term of the statutory housing restriction, and the fair market value of those premises immediately after termination. Such amount shall be considered a first priority lien in the event that the statutory housing restriction is terminated by judicial action in a bankruptcy proceeding.
The statutory housing covenants, statutory housing condition and statutory housing power to sell shall not be subject to section 23 and sections 26 to 30, inclusive, of chapter 184 and shall have the benefits of section 32 of said chapter 184 without approval otherwise required thereunder, but all nonstatutory provisions of a statutory housing restriction shall remain subject to said section 23 and said sections 26 to 30, inclusive, of said chapter 184 and shall have the benefits of said section 32 of said chapter 184 only if approved as stated therein.
Section 17F. Unless otherwise agreed in an instrument appearing of record, following a mortgagee's foreclosure by a regulated for-profit, not-for-profit or governmental mortgagee holding a first mortgage on statutory housing premises which was subordinate to a statutory housing restriction, in addition to remaining restricted at the affordable value for eligible households as stated in the restriction, only the statutory housing covenants, the statutory housing condition and the statutory housing power to sell, to the extent appearing in the statutory housing restriction, and the statutory obligations of the holder to mortgagees holding conforming mortgages, shall continue in effect, binding the statutory housing premises, and all other provisions of the restriction shall be extinguished.
Section 17G. Ownership of statutory housing premises, either by the executor or administrator of an owner in an eligible household, by the holder or by a mortgagee or other lienholder or its designee or by an entity eligible to be a holder of a statutory housing restriction, pursuant to exercise of lawful remedies against the owner, shall not constitute a violation of the statutory housing covenants or the statutory housing condition so long as the premises are being held for resale to, and are resold to, an eligible household as statutory housing premises for an amount not exceeding the affordable value or, in the case of a holder of a conforming mortgage, such greater amount as payable to the mortgagee under section 3 of chapter 244A; provided, however, that the premises shall not be rented, leased or otherwise occupied by a household that is not an eligible household during the period in which the premises are being held for resale.
SECTION 3. Said chapter 183 is hereby further amended by inserting after section 22 the following section:-
Section 22A. No restriction that has been purchased with state or municipal funds or which has been granted in consideration for a loan or grant made with state or municipal funds shall be released unless it is repurchased by the landowner at its then current fair market value.
SECTION 4. The appendix to said chapter 183, as appearing in the 2016 Official Edition, is hereby amended by adding the following 8 forms:
(17) Deed with Statutory Housing Restrictions -------- of --------, -------- county, -------- for consideration of -------- dollars paid, grant to -------- of -------- with quitclaim covenants and with statutory housing covenants, upon the statutory housing condition, for any breach of which the holder shall have the statutory housing power to sell the land in -------- (description and encumbrances, if any). Witness -------- hand and seal this -------- day of --------. (Here add acknowledgment.)
(18) Statutory Housing Restriction of --------, -------- county, -------- for consideration paid, grant to -------- of -------- with statutory housing covenants, the land in -------- (description and encumbrances, if any) upon the statutory housing condition, for any breach of which the holder shall have the statutory housing power to sell. Witness -------- hand and seal this -------- day of --------. (Here add acknowledgment.)
(19) Extension of Statutory Housing Restriction ------, holder of a statutory housing restriction by -------- to -------- dated -------- recorded -------- with -------- deeds, book --------, page --------, and -------- owner of the equity of redemption of the premises, agree each for -------- sel --------, heirs, representatives and assigns, that the term of said housing restriction is hereby extended to --------, and said owner agrees to perform and observe the condition and covenants of said housing restriction as so extended. Witness -------- hand and seal this -------- day of --------. (Here add acknowledgment.)
(20) Assignment of Statutory Housing Restriction. ------- holder of a statutory housing restriction from -------- to -------- dated -------- recorded with -------- deeds, book --------, page --------, assign said statutory housing restriction to --------. Witness -------- hand and seal this -------- day of --------. (Here add acknowledgment.)
(21) Statutory Deed under Statutory Housing Power to Sell. --------- holder of a statutory housing restriction from -------- to -------- dated -------- recorded with -------- deeds, book --------, page --------, by the power conferred by said housing restriction and every other power, for -------- dollars paid, grant to -------- the premises conveyed by said housing restriction, subject to said housing restriction and also to (description and encumbrances, if any) upon the statutory housing condition, for any breach of which the holder shall have the statutory housing power to sell. . Witness -------- hand and seal this -------- day of --------. (Here add acknowledgment.)
(22) Termination of Statutory Housing Restriction. --------------, holder of a statutory housing restriction from -------- to -------- dated -------- recorded with -------- deeds, book --------, page --------, releases the same. Witness -------- hand and seal this -------- day of --------. (Here add acknowledgment.)
(23) Affidavit of Sale under Statutory Housing Power to Sell. -------- named in the foregoing deed, make oath and say that the statutory housing restriction was breached, and that I published on the -------- day of -------- 20--------, in the --------, a newspaper published or by its title page purporting to be published in -------- aforesaid and having a circulation therein, a notice of which the following is a true copy: -------- (Insert advertisement.) --------. Pursuant to said notice at the time and place therein appointed, I sold the premises in accordance with the statutory housing power to sell, for -------- dollars, being not in excess of the Affordable Value therefor. Witness -------- hand and seal this -------- day of --------. (Here add acknowledgement.)
(24) Certificate of Compliance under Statutory Housing Power to Sell. --------------, holder of a statutory housing restriction from -------- to -------- dated -------- recorded with -------- deeds, book --------, page --------, states that a) ----------- is a member of an eligible household with respect the residential real property described in the restriction who are obligated to occupy those statutory housing premises as their principal residence, b) the present affordable value of said property is [insert affordable value] and c) to the best of the undersigned's knowledge and belief the owner is otherwise in compliance with said restriction. Witness -------- hand and seal this -------- day of --------. (Here add acknowledgement.)
SECTION 5. Section 32 of chapter 184 of the General Laws, as so appearing, is hereby amended by inserting after the word "state", in lines 67 and 68, the following words:- or municipal
SECTION 6. Section 27 of chapter 236 of the General Laws, as so appearing, is hereby amended by adding the following paragraph:-
When selling a property subject to a statutory housing restriction under section 17A to 17G, inclusive, of chapter 183, or other affordable housing restriction as defined in section 31 of chapter 184 which will remain in effect following foreclosure, the officer may instead make the sale and convey by deed either:
(i) at public auction only among eligible households as defined in said section 17A of said chapter 183, together with the holder of the housing restriction or its designee or any entity eligible to be a holder of a statutory housing restriction, for an amount not exceeding the affordable value applicable to the statutory housing premises or for such higher amount as may be required to pay each holder of a conforming mortgage as provided in section 3 of chapter 244A, in which event, if more than 1 eligible household or entity qualified as a bidder has bid at or in excess of the affordable value, then bidding shall be capped at the affordable value and the bidder to whom the property is sold shall be selected by chance from among those bidding and willing to pay the affordable value; or
(ii) if the holder of the restriction tenders the affordable value or such higher amount as may be required to pay each holder of a conforming mortgage as stated in said section 3 of said chapter 244A, then by deed to the holder.
SECTION 7. Chapter 244 of the General Laws is hereby amended by inserting after section 14A the following section:-
Section 14B. In the case of sale by foreclosure under a power of sale in a mortgage of a property subject to a statutory housing restriction, statutory housing condition, statutory housing power to sell or other affordable housing restriction as defined in section 31 of chapter 184 which will remain in effect following foreclosure, the property may, if the mortgagee so determines, be auctioned only to an eligible household as defined in section 17A of chapter 183, together with the mortgagee or its designee and the holder of the housing restriction or its designee or any entity eligible to be a holder of a statutory housing restriction, for an amount not exceeding the affordable value applicable to the property or such higher amount as may be required to pay each holder of a conforming mortgage as stated in section 3 of chapter 244A, in which event, if more than 1 eligible household or entity qualified as a bidder has bid at or in excess of the affordable value, then bidding shall be capped at the affordable value and the bidder to whom the property is sold shall be selected by chance from among those bidding who are willing to pay the affordable value.
In lieu of conducting bidding, the mortgagee may elect to sell the property at the affordable value or at such higher amount required to pay each holder of a conforming mortgage as stated in section 3 of chapter 244A, by a lottery that includes all eligible households who have been qualified to bid for the property at the public auction. At the request of the mortgagee, the holder shall confirm the status as members of an eligible household or as an entity eligible to be a holder of a statutory housing restriction of any person or entity identified to it by the mortgagee.
If the holder of the restriction tenders the affordable value, then the premises shall be sold to the holder.
SECTION 8. The General Laws are hereby amended by inserting after chapter 244 the following chapter:-
CHAPTER 244A.
FORECLOSURE AND REDEMPTION OF STATUTORY HOUSING RESTRICTIONS
Section 1. The statutory housing power to sell shall be governed by this chapter.
Section 2. The holder of a restriction with the statutory housing power to sell may recover possession of the statutory housing premises and foreclose the right of redemption while the breach of condition continues by entry or action in the manner prescribed in and subject to sections 1 to 4, inclusive, 6, 8, 11, 12 and 13 of chapter 244, substituting “holder” for “mortgagee”, “owner” for “mortgagor”, “statutory housing restriction” for “mortgage” and “statutory housing power to sell” for “power of sale”; provided, however, that (i) if an entry for breach of condition is made without a judgment, then in addition to the requirements of section 2 of said chapter 244, the holder shall give written notice thereof to the owner and each mortgagee and other lienholder of record within 30 days after entry and the same shall be recorded in the manner required for the memorandum of entry; (ii) only an owner entitled to occupy the statutory housing premises shall have the right to oppose entry under section 1 of said chapter 244 and to redeem without the consent of the plaintiff under section 4 of said chapter 244; (iii) commencement of foreclosure or other legal proceedings by the holder of a conforming mortgage or other lien or claim within the affordable value shall stay the holder's foreclosure by entry; (iv) completion of the conforming mortgagee's foreclosure or judgment in favor of such other lienor or claimant shall extinguish the holder's entry; (v) that the court shall determine the performance due to the plaintiff and each mortgagee and other lienholder of recordunder section 5 of said chapter 244; (vi) an owner who regains possession by performance as ordered by the court shall do so subject to the statutory housing restriction; (vii) a person residing in or claiming an interest in the real property subject to the restriction may be joined as a defendant irrespective of such person’s estate in the statutory housing premise, but if such person has no estate in the statutory housing premises and makes no defense to the action, such person shall not be liable for costs; (viii) a mortgagee or other lienholder of record may be joined as a defendant but if such mortgagee or other lienholder makes no defense to the action, such mortgagee or other lienholder shall not be liable for costs; and (ix) any sale by order of the court shall be subject to the terms of the statutory housing restriction.
Section 3. The holder of a statutory housing restriction with respect to statutory housing premises, a person authorized by a power to sell or the attorney duly authorized by a writing under seal by the holder or person acting in the name of such holder or person, may, upon breach of condition and without action, do all the acts authorized or required by the power to convey the premises as statutory housing; provided, however, that no sale under such power to sell shall be effective to foreclose the statutory housing restriction and convey the statutory housing premises, unless, prior to such sale, notice thereof has been sent by registered mail to any owners of record of the equity of redemption in the statutory housing premises as of 90 days prior to the sale, at the premises and also to any other address of any other owners appearing on the records of the holder, not less than 3 times at intervals of not less than 7 days, beginning not later than 60 days prior to the date of sale and ending not later than 30 days prior to the date of sale. Notice thereof shall be published once a week for 3 consecutive weeks in a newspaper published in the town in which the statutory housing premises lies or, if none, in a newspaper of general circulation in the town in which the statutory housing premises lies. The first publication shall be not less than 21 days before the date of sale and such notice shall be sent by registered mail to any owners of record of the statutory housing premises as of 30 days prior to the date of sale and such notice shall be mailed at least 14 days prior to the date of sale to the owners at the addresses as set forth in section 61 of chapter 185, if the statutory housing premises is then registered. In the case of unregistered premises, such notice shall be mailed to the last address of the owners of the equity of redemption appearing on the records of the holder of the statutory housing restriction, if any, or, if none, to the address of any owners as given on the deed of the holder or person authorized by a power to sell, or the attorney duly authorized by a writing under seal by the holder or a person acting in the name of such holder or person or on the petition for probate by which any such holder, attorney or other person acquired title, if any If in either case no address appears, then such notice shall be mailed to the address to which the tax collector last sent the tax bill for the statutory housing premises to be sold, or if no tax bill has been sent for the preceding 3 years, then to the statutory housing premises; provided, however, that unless a copy of the notice of sale has been sent by registered mail to all mortgagees and other persons of record as of 30 days prior to the date of sale holding an interest in the property being foreclosed, such notice shall be mailed at least 14 days prior to the date of sale to each such person at the address of that person as set forth in any document evidencing the interest or to the last address of such person known to the holder. A person of record as of 30 days prior to the date of sale, holding an interest in the property being foreclosed, may waive at any time, whether prior or subsequent to the date of sale, the right to receive notice by mail under this section and such waiver shall constitute compliance with this notice requirement for all purposes. If no newspaper is published in a town or if there is no newspaper of general circulation published any such town where the statutory housing premises are located, notice may be published in a newspaper published in the county in which the statutory housing premises are located and this provision shall be implied in every restriction containing the statutory housing power to sell in which it is not expressly set forth. A newspaper which, by its title page, purports to be printed or published in such town, city or county, and having a circulation therein, shall be sufficient for the purpose.
The following form of notice may be used and may be altered as circumstances require; provided, however, that nothing herein shall be construed to prevent the use of other forms.
(Form.)
STATUTORY HOUSING RESTRICTION HOLDER'S SALE OF REAL ESTATE
By virtue and in execution of the statutory housing power to sell contained in a certain statutory housing restriction given by _______ to _________ dated _______ and recorded with ___________deeds, book ________, page _______, of which housing restriction the undersigned is the present holder,
(If by assignment, or in any fiduciary capacity, give reference.) for breach of the conditions of said housing restriction and for the purpose of the foreclosing and conveying the same, whether directly or through an intermediary qualified to hold statutory housing restrictions, to an eligible household as its principal residence, will be sold by (specify either Public Auction or Sale to the Holder or its Designee) at _________ o'clock, __.M. on the ________ day of _________ A.D. (insert year), at __________ (insert place) all and singular the premises described in said housing restriction, subject to the statutory housing covenants, statutory housing condition and statutory housing power to sell contained therein,
To wit: "(Description as in said housing restriction, including all references to title, restrictions, encumbrances, etc., as made in said housing restriction)"
having an affordable value of $_______ : (State the amount of the affordable value)
Terms of sale: (State here the amount, if any, to be paid in cash by the purchaser at the time and place of the sale and the times for payment of the balance or the whole as the case may be.)
Other terms to be announced at the sale.
(Signed)
Present holder of said housing restriction.
A notice of sale in the above form, published in accordance with the statutory housing power to sell in the statutory housing restriction and this chapter, together with such other or further notice, if any, as is required by the statutory housing restriction, shall be a sufficient notice of the sale and the statutory housing premises shall be deemed to have been sold and the deed thereunder shall convey those premises, subject to and with the benefit of the statutory housing covenants, on the statutory housing condition and with the statutory housing power to sell, but no other provisions of any housing restriction applicable to such premises, and also subject to and with the benefit of all other restrictions, easements, improvements, outstanding tax titles, municipal or other public taxes, assessments, liens or claims in the nature of liens and existing encumbrances of record to the extent such encumbrances secure debt, whether created prior or subsequent to the statutory housing restriction, that, together with the portion of the affordable value paid at sale, in the aggregate, do not exceed the affordable value at the time of sale and are not paid at sale, whether or not reference to such restrictions, easements, improvements, liens or encumbrances is made in the deed; provided, however, that no purchaser at a sale by public auction shall be bound to complete the purchase if there are encumbrances which will remain following such payment at sale, other than those included in the notice of sale, which are not stated at the sale and included in the auctioneer's contract with the purchaser.
Exercise of the statutory housing power to sell may be by public auction or purchase as provided in this section.
In the case of sale at public auction, bidding shall be capped at the affordable value or such higher amount required to pay each holder of a conforming mortgage as stated in this section, in either case net of outstanding tax titles, municipal or other public taxes, assessments, liens or claims in the nature of liens and existing encumbrances of record to the extent they secure debt, not being paid at sale and if more than 1 qualified bidder has bid such affordable value or such higher amount, the premises shall be sold to such bidder as is selected by chance.
A purchase of the premises by the holder or its designee under the exercise of the statutory housing power to sell, in lieu of sale by public auction, shall be for the affordable value or such higher amount required to pay each holder of a conforming mortgage as stated in this section, in either case net of outstanding tax titles, municipal or other public taxes, assessments, liens or claims in the nature of liens and existing encumbrances of record to the extent they secure debt, not being paid at sale. The holder may assign its right to acquire the premises at the affordable value or such higher amount to an eligible household appearing on a list of eligible households established or maintained by or utilized by the holder generally. The eligible household shall be selected by chance, seniority or otherwise in accordance with applicable law, as the holder determines.
All proceeds from the exercise of the statutory housing power to sell shall be paid to mortgagees and other lienholders subordinate to the statutory housing restriction appearing of record immediately prior to the exercise of the power according to their rights of priority and any amount within the affordable value remaining shall first be paid to the holder as reimbursement of the holder's reasonable expenses of exercising the power and thereafter to the owner; provided, however, that when foreclosing by public auction or by purchase, a holder of a conforming mortgage shall be paid principal, accrued interest, all future advances and all reasonable costs and expenses secured by its mortgage, notwithstanding such payment may exceed the affordable value. A lien on the premises which, in the aggregate with senior liens, exceeds the proceeds from the exercise of the statutory housing power to sell shall be extinguished by the exercise of the statutory housing power to sell to the extent it exceeds the proceeds from the exercise of the power.
In case of foreclosure by sale under this section, the person selling, or the attorney duly authorized by a writing or the legal guardian or conservator of such person, shall, after the sale, cause a copy of the notice and affidavit, fully and particularly stating the person’s acts, or the acts of the person’s principal or ward, to be recorded in the registry of deeds for the county or district where the land lies, with a note or reference thereto on the margin of the record of the statutory housing restriction, if it is recorded in the same registry. If the affidavit shows that the requirements of the statutory power to sell and of the statute have been complied with in all respects, the affidavit or a certified copy of the record thereof, shall be admitted as evidence that the power of sale was duly executed.
A holder conveying title to statutory housing premises under this chapter shall, within 30 days after conveying title, notify all residential tenants of the premises and the office of the assessor or collector of taxes of the municipality in which the premises are located and any persons, companies, districts, commissions or other entities of any kind which provide water or sewer service to the premises, of such conveying of title.
Section 4. An owner of statutory housing premises under a statutory housing restriction may, after breach of the statutory housing condition, have redemption in the manner prescribed in and subject to sections 18, 19, 22 to 27, inclusive, and 32 of chapter 244, substituting “owner” for “mortgagor”, “holder” for “mortgagee”, “statutory housing power to sell” for “power of sale”, “restriction or restricted” for “mortgage or mortgaged” and “performance under the restriction” for “amount due on the mortgage”; provided, however, that (i) the person entitled to redeem shall perform or tender performance of every condition contained in the restriction and, if there has been an action to recover the property, shall pay or tender the costs of such action if unpaid; (ii) the tender shall be made before a sale pursuant to the statutory power to sell contained in the restriction and, if in compliance with the terms of the restriction, shall be accepted by the holder; and (iii) following redemption the property shall continue to be subject to the statutory housing restriction.
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An Act to create affordable homes for persons with disabilities
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S884
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SD1305
| 193
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{'Id': 'RKK0', 'Name': 'Robyn K. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RKK0', 'ResponseDate': '2023-01-19T14:05:29.61'}
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[{'Id': 'RKK0', 'Name': 'Robyn K. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RKK0', 'ResponseDate': '2023-01-19T14:05:29.61'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-03T15:31:35.18'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-07T15:13:42.89'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-02-08T16:42:57.4666667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-13T16:13:26.0333333'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-02-17T13:37:00.44'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-03-21T12:44:49.15'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-03-30T12:19:26.9266667'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-04-27T14:41:06.7033333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-07-10T09:40:27.85'}, {'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-09-21T13:48:41.9733333'}, {'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-10-04T15:23:18.0666667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S884/DocumentHistoryActions
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Bill
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By Ms. Kennedy, a petition (accompanied by bill, Senate, No. 884) of Robyn K. Kennedy, Sal N. DiDomenico, Jack Patrick Lewis, Carmine Lawrence Gentile and other members of the General Court for legislation to create affordable homes for persons with disabilities. Housing.
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SECTION 1. Section 16 of Chapter 179 of the Acts of 1995, and any associated regulations in 760 C.M.R. 53, are hereby stricken.
SECTION 2. Chapter 121B of the General Laws is hereby amended by adding the following section:
Section 61. (a) The following words whenever used in this section shall, unless a different meaning clearly appears from the context, have the following meanings: —
“Disability”, with respect to an individual, a person who has: (i) a physical or mental impairment that substantially limits one or more major life activities of such individual; (ii) a record of such an impairment; or (iii) being regarded as having such an impairment.
(b) The department shall, subject to appropriation, establish and administer through administering agencies, including, but not limited to, local housing authorities and regional housing agencies, the Alternative Housing Voucher Program to provide rental assistance for low-income persons with disabilities through mobile and project-based vouchers. The program established under this section shall include any voucher supported by budget line-item 7004-9030 as of the effective date of this section. The department shall establish the amounts of the mobile and project-based vouchers so that the appropriation in this item shall not be exceeded by payments for rental assistance and administration. The vouchers shall be in varying dollar amounts set by the department based on considerations including, but not limited to, household size, composition, household income, and geographic location. (c) To be eligible to receive assistance under this section, a household shall have an income that does not exceed 80 percent of the area median income, as determined annually by the U.S. Department of Housing and Urban Development. Further, the head of household must be a person with a disability no younger than 18 years and no older than 62. The department may award mobile vouchers to eligible households occupying project-based units created under this section that shall expire due to nonrenewal of project-based rental assistance contracts. Households shall meet eligibility requirements as required in this section and regulations by the department. (
d) A household that receives assistance under this section shall be required to pay not less than 25 percent of its net income, as defined by regulations issued by the department, for units if utilities are not provided by the unit owner, or not less than 30 percent of its income for units if utilities are provided by the unit owner.
(e) Except as provided under paragraph (f), the payment standard for each size of a dwelling unit in a market area shall not exceed 120 percent of the fair market rent, or Small Area Fair Market Rent as established annually by the U.S. Department of Housing and Urban Development, for the same size of dwelling unit in the same market area and shall be not less than 110 percent of that fair market rent, except that no administering agency shall be required as a result of a reduction in the fair market rent to reduce the payment standard applied to a household continuing to reside in a unit for which the household was receiving assistance under this section at the time the fair market rent was reduced. The department shall allow administering agencies to request exception payment standards within fair market rental areas subject to criteria and procedures established by the department.
(f) An administering agency may use a payment standard that is greater than 120 percent of the fair market rent as a reasonable accommodation for a person with a disability, but only with the approval of the department. In connection with the use of any increased payment standard established or approved pursuant to either of the preceding sentence as a reasonable accommodation for a person with a disability, the department may not establish additional requirements regarding the amount of adjusted income paid by such person for rent.
(g) Payments for rental assistance under this section may be provided in advance, and shall be authorized to pay for, but not be limited to, the following: (i) the first month of rent; (ii) the last month of rent; (iii) security deposit; and (iv) moving expenses.
(h) The amount of rental assistance voucher payment for an eligible household shall not exceed the rent less the household’s minimum rent obligation.
(i) The department shall promulgate regulations to implement this section. (j) Any unspent funding appropriated for this section through budget line-item 7004-9030 in any fiscal year shall not revert to the General Fund but shall be made available for the purposes of the item in the next fiscal year.
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An Act for Chapter 40B reform and improvement
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S885
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SD1841
| 193
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{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-20T10:06:22.813'}
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[{'Id': None, 'Name': 'Vincent Lawrence Dixon', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-20T10:06:22.8133333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S885/DocumentHistoryActions
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Bill
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By Mr. Lewis (by request), a petition (accompanied by bill, Senate, No. 885) of Vincent Lawrence Dixon for legislation for Chapter 40B reform and improvement. Housing.
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SECTION I. The Massachusetts General Laws are hereby amended by inserting the
following new chapter:
Chapter 40B Reform And Improvement (Providing for Important Environmental Impact Review, by local municipal bodies, and other appropriate adjustments).
SECTION II – PURPOSE
Chapter 40B provisions of the Massachusetts General Laws, have proven to be
controversial, and needing adjustments, and reform. This legislation is designed to provide such
appropriate reforms, and needed adjustments, while recognizing that various public policy concerns, including affordable housing needs remain, and need to be provided for.
SECTION III – REQUIRED ENVIRONMENTAL REVIEW – AND STANDARDS
1.) All projects qualifying under Chapter 40B provisions, must still be reviewed, and
qualified by local municipal authorities, in regards to environmental impact, and Environmental
Impact Review reporting (EIR). No Chapter 40B project, may be exempted from environmental
review, and approval by the local municipality, in which it would be created, and constructed.
2.) All Chapter 40B projects, must conform to any conservation land, wetland, and
watershed protections; and approval of such projects, must include review by municipal
conservation commissions.
3.) Other relevant government bodies, including regional commissions, and housing
authorities, shall review any such projects.
4.) Comprehensive state planning, and coordination, must be referenced in terms of these
projects; including issues of neighborhood, and community-friendly developers; high-quality
lasting construction standards; and relevant modest, to medium intensity, regional transit options.
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An Act creating the Home Works Program
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S886
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SD250
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{'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-01-11T13:20:34.97'}
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[{'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-01-11T13:20:34.97'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-04-26T09:23:41.3166667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S886/DocumentHistoryActions
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Bill
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By Ms. Lovely, a petition (accompanied by bill, Senate, No. 886) of Joan B. Lovely for legislation to create the Home Works Program. Housing.
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SECTION 1. Notwithstanding any general or special law or any rule or regulation to the contrary, chapter 23B of the General Laws is hereby amended by inserting after section 30 the following new section:-
Section 31 (a). As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:--
“Youth Serving Organization,” an organization that provides recreational, cultural, charitable, social, or other activities or services for persons under 18 years of age, and is exempt from federal income tax.
“Out of School Time Program,” an established licensed or non-licensed daily week day program for persons under 18 years of age offered by a youth serving organization, school system, or municipality, offered before and after school and during school vacation.
“Summer Programs,” an established licensed or non-licensed daily week day program for persons under 18 years of age offered by a youth serving organization, school system, or municipality, offered during the months of summer vacation.
(b) Subject to appropriation, the Department shall create a program to address the needs of children, ages five through fourteen, residing in the Emergency Assistance program, as defined by 760 CMR 67.00. The program shall from herein be known as the Home Works Program. The Home Works Program shall allow out of school time and summer programs to apply for a certain number of slots funded by the Department. Each slot shall be used to provide out of school time and summer programming for an eligible participant, including transportation to and from the program. Each Home Works Program slot shall be funded at an adequate amount not less than 75% of local market value for out of school time and summer services and will cover transportation costs associated with transporting participants to and from the program.
The Department shall keep a waitlist of eligible program participants from which the out of school time and camp programs may draw from to fill their slots.
(c) Licensed and non-licensed out of school time and summer programs may apply for program slots through the Department. Said slots shall be allotted proportionally by the areas in the Commonwealth that have the highest number of children residing in the Emergency Assistance Program and through the out of school time or summer program’s capacity. However, a program shall not be limited in the amount of allowable slots it accepts. Said out of school time and summer programs shall be able to meet the transportation requirements set out by the Department before applying for slots. These include, but are not limited to, the capacity to transport participants from their current place of residence and back to said place within the time frame set out by the Department of Early Education and Care in 606 CMR 7.13.
If the participant is no longer eligible to remain in the Home Works program, the out of school time or summer program may draw another eligible participant from the Home Works waitlist to fill the slot.
If said program is unable to meet the transportation requirements set out by the Department, said program may work with the Emergency Assistance residence to provide out of school time and summer programs on site or at another facility deemed acceptable by the Department of Housing and Community Development.
(d) Said out of school time programs and summer programs shall require that all staff members in employment and direct care of children in the program have completed satisfactorily a criminal background check that includes a comprehensive check of the National Sexual Offender Registry.
The Home Works Program shall not be funded through the already existing funds in the Emergency Assistance program.
The Department shall promulgate regulations in accordance with this section within six months of the passage of this act.
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An Act to prevent and respond to bullying of elderly and disabled residents
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S887
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SD251
| 193
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{'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-01-11T13:20:58.873'}
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[{'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-01-11T13:20:58.8733333'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-02-21T14:18:57.68'}, {'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-03-23T09:31:01.9233333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-07-11T11:19:25.04'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S887/DocumentHistoryActions
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Bill
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By Ms. Lovely, a petition (accompanied by bill, Senate, No. 887) of Joan B. Lovely and Lydia Edwards for legislation to prevent and respond to bullying of elderly and disabled residents. Housing.
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Chapter 121B is hereby amended by adding the following section:-
Section 61. (a) For purposes of this section, unless the context clearly requires otherwise, the following words shall have the following meanings:
“Bullying”, the repeated use by one or more residents of employees of, or visitors to, a covered residential community of a written, verbal or electronic expression physical act or gesture or any combination thereof, directed at a victim that: (i) causes physical or emotional harm to the victim or damage to the victim's property; (ii) places the victim in reasonable fear of harm to himself or of damage to his property; (iii) creates a hostile environment for the victim; (iv) infringes on the rights of the victim at a covered residential community; or (v) materially and substantially disrupts the peaceful enjoyment of a covered residential community. For the purposes of this section, bullying shall include but not be limited to cyber-bullying, group or social bullying, and mobbing.
“Covered residential community”, a public or privately-owned, multifamily residential housing development subsidized in whole or in part by the U.S. Department of Housing and Urban Development or the Commonwealth of Massachusetts and intended for occupancy primarily or solely persons aged 55 or older and/or persons with disabilities.
“Cyber-bullying”, bullying through the use of technology or any electronic communication, which shall include, but shall not be limited to, any transfer of signs, signals, writing, images, sounds, data or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photo electronic or photo optical system, including, but not limited to, electronic mail, internet communications, instant messages, instant messages or facsimile communications. Cyber-bullying shall also include (i) the creation of a web page or blog in which the creator assumes the identity of another person or (ii) the knowing impersonation of another person as the author or posted content or messages, if the creation of impersonation creates any of the conditions enumerated in clauses (i) to (v), inclusive, of the definition of bullying. Cyber-bullying shall also include the distribution by electronic means of a communication to more than one person or the posting of material on an electronic medium that may be accessed by one or more persons, if the distribution or posting creates any of the conditions enumerated in clauses (i) to (v), inclusive or the definition of bullying.
“Group or social bullying”, is the attempt by several persons acting together to engage in bullying conduct toward one or more victims by intentional, repeated, aggressive speech or action capable of causing harm.
“Hostile environment”, a situation in which bullying causes the residential environment to be permeated with intimidation, ridicule, or insult that is sufficiently severe or pervasive to interfere with a resident’s peaceful enjoyment of her tenancy or rights as a tenant.
“Mobbing”, is bullying that owner/management employees condone or take part in, with the purpose of demeaning the victim and excluding them from the social life, quiet enjoyment of occupancy, or occupancy status in a covered residential community.
“Owner/managers”, the owner of a covered residential community and/or the property manager or management agent responsible for managing a covered residential community.
“Plan”, a bullying prevention and intervention plan established pursuant to subsection (d).
“Perpetrator”, a person who engages in bullying or retaliation, or an owner/management company whose employees engage in, support or condone bullying, group or social bullying or mobbing.
“Residential property and grounds”, property on which a covered residential community is located or property that is owned, leased, or used by an owner/manager or group of residents for an activity, function, program, instruction or training related to the operation of the residential community.
“Victim”, a person against whom bullying, group or social bullying, mobbing, or retaliation has been perpetrated.
(b) Bullying shall be prohibited: (i) on residential property and ground, at an owner/manager or resident sponsored activity, function or program whether on or off residential grounds or through the use of technology or an electronic device owned, leased, or used by an owner/manager; and (ii) at an owner/manager sponsored location, activity, or function or program that is not located within the covered residential community, or through the use of technology or an electronic device that is not owned, leased, or used by an owner/manager, if the bullying creates a hostile environment in a covered residential community for the victim, infringes on the rights of the victim at a covered residential community or materially and substantially disrupts the orderly operation of a covered residential community. Nothing contained herein shall require an owner/manager to staff any non-residence related activities, functions, or programs.
Retaliation against a person who reports bullying, provides information during an investigation or bullying, or witnesses or has reliable information about bullying shall be prohibited.
(c) The civil rights division of the Commonwealth’s attorney general’s office, after consultation with the department of public health, the department of mental health, the executive office of elder affairs, the office on disability, the department of housing and community development, MassHousing, the Massachusetts district attorneys association, representatives or areawide tenant organizations representing residents of covered residential communities, representatives or areawide associations or resident service coordinators and owner/managers, and experts on bullying, group or social bullying, and mobbing shall, within one year of enactment of this legislation: (i) publish a model plan and training curricula for owner/managers to consider when creating their plans and curricula; and (ii) create and compile list of bullying prevention and intervention resources, evidence-based curricula, best practices and academic-based research that shall be made available to covered residential communities. The resources may include, but shall not be limited to, print, audio, video or digital media; subscription based online services; and on-site or technology-enabled professional development and training sessions. The division shall biennially update the model plan and the list of the resources, curricula, best practices and research and shall post them on its website. The division shall conduct a biennial confidential survey of residents and management staff to assess the prevalence and extent of bullying and the effectiveness of remedial efforts, and publish the findings while protecting the confidentiality of respondents.
(d) Each owner/manager of a covered residential community shall provide appropriate training on bullying prevention to all employees and residents of a covered residential community. The curriculum shall be evidence-based.
(e) (1) Each covered residential community shall develop, adhere to and update a plan to address bullying prevention and intervention in consultation with residents, any legitimate residents’ association as defined by 24 CFR Part 245, resident support organizations, owner/manager service employees, on-site management staff, professional support personnel, community representatives, local law enforcement agencies, and division staff. The consultation shall include, but not be limited to, notice and a public comment period. The plan shall be adopted and implemented within six months of preparation of a model plan by the division and updated at least biennially.
(2) Each plan shall include, but not be limited to: (i) descriptions of and statements prohibiting bullying, group or social bullying, mobbing, cyber-bullying and retaliation; (ii) clear procedures for residents, owner/manager employees, visitors, relatives, partners, guardians and others to report bullying or retaliation; (iii) a provision that reports of bullying or retaliation may be made anonymously; provided, however, that no disciplinary action shall be taken against a resident or owner/manager employee solely on the basis of an anonymous report; (iv) clear procedures for promptly responding to and investigating reports of bullying or retaliation; (v) the range of remedial actions that may be taken against a perpetrator for bullying or retaliation, including but not limited to employment sanctions or lease enforcement; provided, however, that the remedial actions shall balance the need for accountability with the need to teach appropriate behavior; (vi) clear procedures for restoring a sense of safety for a victim and assessing that victim’s needs for protection; (vii) strategies for protecting from bullying or retaliation a person who reports bullying, provides information during an investigation of bullying or witnesses or has reliable information about an act of bullying; (viii) procedures consistent with state and federal law for promptly notifying the relatives, partners, or guardians of a victim and a perpetrator, if appropriate and authorized by the victim; provided, further, that the relatives, partners and guardians of a victim shall also be notified of the action taken to prevent any further acts of bullying or retaliation, if appropriate and authorized by the victim; and provided, further, that the procedures shall provide for immediate notification pursuant to regulations promulgated under this subsection by the division or person who holds a comparable role to the local law enforcement agency when civil and/or criminal charges may be pursued against the perpetrator; (ix) a provision that a person who knowingly makes a false accusation of bullying or retaliation shall be subject to remedial action or sanction; and (x) a strategy for providing, counseling or referring to appropriate services for perpetrators and victims and for appropriate family members of said residents. The plan shall also reference existing regulatory and lease protections applicable to the covered residential community, including but not limited to grievance procedures and protections for public housing tenants; lease and 24 CFR Part 245, protections for HUD multifamily tenants; and comparable protections for MassHousing tenants in elderly/handicapped housing. Each plan shall also include procedures for victims to appeal confidentially to the division in cases where the alleged perpetrator is the owner/manager or employee of the covered residential community and the resident is concerned about retaliation.
(3) Nothing in this section shall prevent an owner/manager from remediating any discrimination or harassment based on a person’s membership in a legally protected category under local, state or federal law.
(4) The plan for a covered residential community shall include a provision for ongoing professional development and training to build the skills of all employees, including, but not limited to, on-site managers, social service or resident service coordinators, maintenance and office clerical staff, to prevent, identify and respond to bullying. The content of such professional development shall include, but not be limited to: (i) appropriate strategies to prevent bullying incidents; (ii) appropriate strategies for immediate, effective interventions to stop bullying incidents; (iii) information regarding the complex interaction and power differential that can take place between and among one or more perpetrators, victims and witnesses to the bullying; (iv) research findings on bullying, including information about specific categories of residents who have been shown to be particularly at risk for bullying in the environment or covered residential communities, and the role of mental illness, dementia, behavioral disorders, domestic violence and substance abuse as they may affect both victims and perpetrators; (v) information on the incidence and nature of cyber-bullying; and (vi) internet safety issues as they relate to cyber-bullying. The division shall identify and offer information on alternative methods for fulfilling the professional development requirements of this section, at least one of which shall be available at no cost to owners/managers of covered residential communities.
(5) The plan may include provisions for informing relatives, partners, and guardians about the bullying prevention curriculum of the covered residential community and shall include, but not be limited to: (i) how relatives, partners and guardians can reinforce the curriculum and support the owner/manager or division plan; (ii) the dynamics of bullying; and (iii) online safety and cyber-bullying.
(6) The division shall promulgate rules and regulations on the requirements related to an owner/agent’s duties under clause (viii) of the second paragraph of subsection (e).
(f)(1) Each owner/manager shall provide to residents and/or their designees, in appropriate languages or means of communication, annual written notice of the relevant resident-related sections of the plan.
(2) Each owner/manager shall provide to all employees of a covered residential community annual written notice of the plan. The employees at each covered residential community shall be trained biennially on the plan. The relevant section of the plan relating to the duties of employees shall be included in an owner/agent employee handbook or policies.
(3) The plan shall be posted on the website of each owner/manager or a covered residential community, or otherwise made available to residents, staff and interested members of the public.
(g) Each owner/manager shall be responsible for the implementation and oversight of the plan at her covered residential community.
(h) Any employee of a covered residential community, including on-site management staff, social service or resident service coordinator, maintenance or clerical staff, shall immediately report any instance of bullying or retaliation the staff member has witnessed or become aware of to the owner/manager official identified in the plan as responsible for receiving such reports. Upon receipt of such a report, the owner/manager or a designee shall promptly conduct an investigation. If the owner/manager or a designee determines that bullying or retaliation has occurred, the owner/manager or designee shall (i) take appropriate remedial action, in consultation with the victim; and (ii) assist the victim in notifying the local law enforcement agency if the owner/manager or designee believes that civil, criminal or both civil and criminal charges may be pursued against a perpetrator.
(i) If an incident of bullying or retaliation occurs on the grounds of a covered residential community and involves a former resident or employee who is no longer involved in a covered residential community, the owner/manager informed of the bullying or retaliation shall contact law enforcement consistent with the provisions of clause (viii) of the second paragraph of subsection (e).
(j) Nothing in this section shall supersede or replace existing rights or remedies under any other general or special law.
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An Act relative to the Massachusetts rental voucher program
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S888
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SD682
| 193
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{'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-01-17T17:44:33.07'}
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[{'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-01-17T17:44:33.07'}, {'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-20T14:55:14.0566667'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-30T10:57:29.9366667'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-02-08T11:57:23.51'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-08T11:56:54.07'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-02-08T11:58:17.8566667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-21T14:19:21.65'}, {'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-02-22T14:11:23.7'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-03-23T09:34:05.38'}, {'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-04-07T15:06:02.8166667'}, {'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-04-07T15:06:02.8166667'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-04-26T09:22:34.5633333'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-05-02T09:14:35.8466667'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-05-09T13:55:24.7'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-11T11:18:56.77'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S888/DocumentHistoryActions
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Bill
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By Ms. Lovely, a petition (accompanied by bill, Senate, No. 888) of Joan B. Lovely, John C. Velis, Michael O. Moore, Sal N. DiDomenico and other members of the General Court for legislation relative to the Massachusetts rental voucher program. Housing.
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Chapter 121B of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following section:-
Section 61. (a) The department shall, subject to appropriation, establish and administer through administering agencies, the Massachusetts Rental Voucher Program also known as MRVP, a program of rental assistance for eligible low-income, very low-income, and extremely low-income households through mobile and project-based vouchers for the purpose of obtaining decent, stable, and affordable housing and promoting economically mixed housing. The department shall issue the number of vouchers anticipated to completely utilize, but not exceed the appropriation for this program; provided further, that the department shall establish the amounts of the mobile and project-based vouchers so that the appropriation in this item shall not be exceeded by payments for rental assistance and administration.
(b) To be eligible to receive assistance under this section, a household shall have a net income that does not exceed 80 percent of the area median income, as determined by the U.S. Department of Housing and Urban Development. The department may award mobile vouchers to eligible households occupying MRVP project-based units that shall expire due to the non-renewal of project-based rental assistance contracts. Households shall meet eligibility requirements as required in this section and applicable regulations and guidance issued by the department. Not less than 75 percent of the vouchers shall be targeted to households whose income at initial occupancy does not exceed 30 percent of the area median income.
(c) A payment standard is the amount used by an administering agency to calculate the maximum amount of the MRVP subsidy. Except as provided under paragraph (d), the payment standard for each size of a dwelling unit in a market area shall not exceed 110 percent of the fair market rent, or Small Area Fair Market Rent as established annually by the U.S. Department of Housing and Urban Development, for the same size of dwelling unit in the same market area and shall be not less than 100 percent of that fair market rent, except that no administering agency shall be required as a result of a reduction in the fair market rent to reduce the payment standard applied to a household continuing to reside in a unit for which the household was receiving assistance under this section at the time the fair market rent was reduced. The department shall allow administering agencies to request exception payment standards within fair market rental areas subject to criteria and procedures established by the department.
(d) The department may require an administering agency to submit the payment standard of the administering agency to the department for approval, if the payment standard is less than 100 percent of the fair market rent or exceeds 110 percent of the fair market rent, except that an administering agency may establish a payment standard of not more than 120 percent of the fair market rent where necessary as a reasonable accommodation for a person with a disability, without approval of the department. An administering agency may use a payment standard that is greater than 120 percent of the fair market rent as a reasonable accommodation for a person with a disability, but only with the approval of the department. In connection with the use of any increased payment standard established or approved pursuant to either of the preceding two sentences as a reasonable accommodation for a person with a disability, the department may not establish additional requirements regarding the amount of adjusted income paid by such person for rent.
(e) A household that receives tenant-based assistance under this section, with respect to any dwelling unit, shall not pay for rent more than 30 per cent of the monthly adjusted net income of the household; except that households receiving tenant-based assistance under this section may pay more than 30 per cent of the monthly adjusted net income of the household, at their option, in excess of the payment standard for the voucher, provided that this amount may not exceed 40 per cent of the monthly adjusted net income of the household in the first year of occupancy; provided further that the department shall adjust household rent for those paying separately for utilities.
(f) The rent for dwelling units for which a housing assistance payment contract is established under this subsection shall be reasonable in comparison with rents charged for comparable dwelling units in the private, unassisted local market.
(g) For each dwelling unit for which a housing assistance payment contract is established under this section, the administering agency shall inspect the unit before any assistance payment is made to determine whether the dwelling unit meets the minimum standards of fitness for human habitation as required by the State Sanitary Code. These requirements cannot be waived. Each administering agency providing assistance under this section shall, for each assisted dwelling unit, make inspection not less often than biennially during the term of the housing assistance payments contract for the unit to determine whether the unit is maintained in accordance with the requirements of this paragraph.
(h) Effective as of January 1, 2022, the monthly administrative fee for all vouchers administered under this section shall be not less than the administrative fee rates for the Housing Choice Voucher Program, as established annually by the U.S. Department of Housing and Urban Development$80.00 per voucher, per month.
(i) The department shall maintain and administer a single voucher management system and shall collect data on the utilization of rental vouchers in each fiscal year under this program. This data shall include, but not be limited to: the location and value of each voucher-assisted unit; the number and average value of mobile and project-based vouchers currently distributed in the Commonwealth, in each county, and in each municipality; the household size; age of the head of household and each member of the household; the race and ethnicity of each household; the income and source of income of each household. The department shall report to the House and Senate Committees on Ways and Means and Joint Committee on Housing annually on the utilization of rental vouchers in each fiscal year under this program. The department shall collect and report on the data collection as required under Chapter 334 of the Acts of 2006.
(j) The department shall promulgate regulations and guidance to implement this section.
(k) Any unspent funding appropriated for this program through budget line-item 7004-9024 in any fiscal year shall not revert, but shall be made available for the purposes of the item in the next fiscal year.
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An Act relative to transformative development initiatives in rural communities
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S889
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SD1864
| 193
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{'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-05T15:37:27.97'}
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[{'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-05T15:37:27.97'}, {'Id': 'NMB1', 'Name': 'Natalie M. Blais', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NMB1', 'ResponseDate': '2023-01-07T18:44:37.22'}, {'Id': 'J_B1', 'Name': 'John Barrett, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_B1', 'ResponseDate': '2023-02-21T15:10:53.2133333'}]
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Bill
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By Mr. Mark, a petition (accompanied by bill, Senate, No. 889) of Paul W. Mark, Natalie M. Blais and John Barrett, III for legislation relative to transformative development initiatives in rural communities. Housing.
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Chapter 6A of the General Laws is hereby amended by adding the following subsection in Section 16G:-
(o.)The secretary of housing and economic development shall, in consultation with the Rural Policy Advisory Commission, establish a rural development initiative to be administered by the executive office through a contract with the Massachusetts Development Finance Agency established by section 2 of chapter 23G. The initiative will provide technical assistance to identify and implement strategies that will spur direct investment in rural communities to create jobs and expand businesses, identify cross-sector partnerships, accelerate the engagement of community members in actionable planning, and implement local economic development initiatives.
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An Act to establish an acquired brain injury advisory board
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S89
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SD321
| 193
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{'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-13T11:43:39.173'}
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[{'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-13T13:34:52.2'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-01-27T09:31:01.7333333'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-01-27T09:31:01.7333333'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-09T10:55:42.8'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-02-09T10:55:42.8'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-09T10:55:42.8'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-09T10:55:42.8'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-09T13:25:20.5666667'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-10T15:22:14.0766667'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-10T15:22:14.0766667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-13T13:21:05.38'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-06T09:59:07.9866667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S89/DocumentHistoryActions
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Bill
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By Mr. Gomez, a petition (accompanied by bill, Senate, No. 89) of Adam Gomez, Hannah Kane, Michael D. Brady, Michael O. Moore and other members of the General Court for legislation to establish an acquired brain injury advisory board. Children, Families and Persons with Disabilities.
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SECTION 1. An acquired brain injury advisory board shall be established to collaborate with appropriate state secretariats and their agencies, members of the legislature, individuals with acquired brain injuries and their family members, providers, clinicians, advocacy groups and other key stakeholders to review, advise, and report on services and supports, and public policy there under for individuals with acquired brain injuries and their families.
SECTION 2: Said advisory board shall consist of 2 members of the Senate, 1 of whom shall be appointed by the President, 1 of whom shall be appointed by the Minority Leader; 2 members of the House of Representatives, 1 of whom shall be appointed by the Speaker, 1 of whom shall be appointed by the Minority Leader; the Secretary of Health and Human Services or their designee; the Secretary of the Executive Office of Public Safety or their designee; the Secretary of Elder Affairs or their designee; the Secretary of Veterans Services or their designee; the Commissioner of the Department of Public Health or their designee; 2 members from the Massachusetts Rehabilitation Commission, 1 who shall be the Commissioner or their designee, 1 who shall be appointed by the Commissioner; the Commissioner of the Department of Developmental Services or their designee; the Commissioner of the Department of Mental Health or their designee; the MassHealth Director or their designee; the Chief Executive Officer at the Brain Injury Association of Massachusetts, Inc. or their designee; and 8 members who shall be appointed by the Governor, 2 of whom shall be family members, caretakers or significant others of a person with acquired brain injury, 2 of whom shall be individuals with acquired brain injury, including but not limited to individuals who have experienced traumatic brain injury, stroke, brain tumors or other disorders, 1 of whom shall be a community based provider of services to individuals with acquired brain injury 1 of whom shall be a community based provider of services to individuals with acquired brain injury serving minorities and other underserved populations, 1 of whom shall be from a disability advisory group or a protection and advocacy representative, 1 of whom shall be a clinician.
SECTION 3. Said advisory board directives shall include, but are not limited to, reviewing data concerning the epidemiology of acquired brain injury and the needs of individuals with acquired brain injury and their families; reviewing efforts to increase access to rehabilitative, residential and integrated community based support services for persons with acquired brain injury; monitoring the implementation of the acquired brain injury commission recommendations regarding the improvement of such services; reviewing and advising on the annual brain injury state plan; and reviewing ongoing state public policy initiatives and state funding.
SECTION 4: Said advisory board shall file a biennial report with the Governor, the Secretary of the Executive Office of Health and Human Services, the Senate President, the Speaker of the House of Representatives, and the clerks of the Senate and House of Representatives. Said report shall include but not be limited to a summary of ongoing needs of individuals with acquired brain injury, the status of progress made in increasing access to rehabilitative, residential and integrated community-based support services for individuals with acquired brain injury; and the status of progress made in implementing the acquired brain injury commission recommendations regarding the improvement of such services.
SECTION 5. Said advisory board shall meet quarterly, at minimum, and may establish subcommittees as necessary to carry out its objectives.
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An Act promoting housing stability for families by strengthening the HomeBASE program
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S890
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SD1535
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{'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-19T17:14:04.513'}
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[{'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-19T17:14:04.5133333'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-08T16:28:23.6'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-21T15:17:21.75'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-03-06T14:21:59.49'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-03-06T14:28:16.6633333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-06T14:26:35.2933333'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-03-28T11:35:58.3233333'}, {'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-04-07T14:28:29.3066667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S890/DocumentHistoryActions
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Bill
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By Ms. Miranda, a petition (accompanied by bill, Senate, No. 890) of Liz Miranda, Sal N. DiDomenico, Michael O. Moore, Patricia D. Jehlen and other members of the Senate for legislation to promote housing stability for families by strengthening the HomeBASE program. Housing.
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Section 30 of chapter 23B of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after subsection A, paragraph (e) the following:-
(f) for re-housing, short-term housing transition program benefits, which shall be available initially for 24 months and then in 12-month, renewable allotments, to eligible families.
The department shall provide further allotments of household assistance from the Massachusetts
short-term housing transition program to families that received household assistance in a prior period to prevent eviction from existing housing or to relocate to another housing situation in cases where a.) the family complied with their rehousing plan during the prior period of assistance and b.) continues to include a child under the age of 21 or a pregnant person.
The department shall not impose income eligibility restrictions on families once they are enrolled in the program.
The department shall not require families to be evicted from their existing housing or to otherwise establish that they fall into one of the four categories of affirmative eligibility for emergency assistance shelter currently listed in item 7004-0101.
Families in summary process commenced for a reason determined by the department to be a no fault or excused fault reason for eviction can apply and be found eligible for short-term transition program benefits in order to prevent eviction from existing housing or permit family relocate to another housing situation. The department shall allow families to apply and be found eligible for this short-term housing benefit after the summons and complaint is filed in court. Families shall be found eligible for short-term housing transition benefits if, but for feasible alternative housing, they meet the requirements for family shelter.
The department shall provide household assistance in an amount up to $30,000 in the first 24-month period, or a higher cap as established in line item 7004-0108, and up to $15,000, or higher cap as established in line item 7004-0108, in subsequent 12-month periods to eligible families.
The department shall allow families to combine and maximize benefits under the Massachusetts short-term housing transition program and residential assistance for families in transition funds from line item 7004-9316 if families are eligible for both programs, such funds are needed to promote housing stability, and the assistance is non-duplicative.
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An Act to restore Boston's governmentally-involved housing protection
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S891
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SD2302
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{'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-20T15:22:05.57'}
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[{'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-20T15:22:05.57'}, {'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-02-07T13:07:46.6066667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-21T15:13:06.2733333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S891/DocumentHistoryActions
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Bill
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By Ms. Miranda, a petition (accompanied by bill, Senate, No. 891) of Liz Miranda, Michael F. Rush and Vanna Howard (with the approval of the mayor abd city council) for legislation to restore Boston's governmentally-involved housing protection. Housing. [Local Approval Received.]
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WHEREAS, Boston continues to face a housing crisis, and it is incumbent that the City preserve its affordable housing market; and
WHEREAS, As of 2021, There are 30,435 privately-owned, subsidized apartments in Boston, and close to 2,000 have been converted to high market rents; and
WHEREAS, According to an April 2021 report by the Community Economic Development Assistance Corporation (CEDAC), 928 apartments in Boston are at risk of conversion to market rate by 2022, including the Forbes Building in Jamaica Plain and Babcock Towers in Brighton; and
WHEREAS, Last year, the owner of the Forbes Building announced a plan to convert 147 apartments affordable to low-income senior and disabled tenants into market-rate housing, putting tenants and the community at risk; and
WHEREAS, According to Mayor Marty Walsh’s "Housing a Changing City" Report, 3,038 apartments are at elevated risk for conversion into market-rate housing within the next ten years; and
WHEREAS, A significant nụmber of these units are in some of the City's highest-priced neighborhoods where the financial incentives for developers to convert to market rate are high; and; NOW, THEREFORE BE IT
ORDERED: That a petition to the General Court, accompanied by a bill for special law relating to the City of Boston to be filed with an attested copy of this order be, and hereby is, approved under Clause 1 of Section 8 of Article II, as amended, of the Amendments to the Constitution of the Commonwealth of Massachusetts, to the end that legislation be adopted providing precisely as follows, except for clerical or editorial changes of form only:
PETITION FOR A SPECIAL LAW RE: AN ACT TO RESTORE BOSTON'S GOVERNMENTALLY-INVOLVED HOUSING PROTECTION
SECTION 1. Whereas, a serious public emergency exists with respect to the housing of citizens in Boston residing in governmentally-involved housing, inasmuch as there is a threat that many low income individuals and families residing in such housing, particularly those elderly and disabled, may be threatened with displacement as a result of prepayment of mortgage financing, loss of use restrictions, expiring subsidy contracts, and expected increases in rent, and there is a threat that affordable housing stock will be lost due to expiration of ușe restrictions and subsidy contracts and such prepayment, further exacerbating an extreme housing shortage within the city for low income families and voters, and whereas , in approving Chapter 40P of the General Laws, the voters did not exempt such housing from protection or regulation and whereas it is the city's policy to encourage owners of this governmentally-involved housing to accept incentives to keep such housing affordable and avert displacement, that such emergency should be met by the city of Boston immediately; therefore, this act is declared to be in the public interest.
SECTION 2. (A) Notwithstanding the provisions of any general or special law to the contrary, including, without limitation, the provisions of Chapter 40P of the General Laws and Chapter 282 of the Acts of 1994, for so long as the City Council of Boston shall determine that the circumstances described in Section 1 hereof continue to exist, the City of Boston shall by ordinance regulate the rent for the use or occupancy of governmentally--involved or formerly governmentally-involved housing to the extent such regulation is not preempted by federal law or by Section six of Chapter 708 of the Acts of 1966 as amended, once the basis for federal or state rent regulation or preemption no longer exists. For purposes of this act,"governmentally-involved housing" is defined as housing units which the United States, the Commonwealth or any authority created under the laws thereof (i) insures the mortgage thereon, or owns, operates, finances, or subsidizes such housing units, and (ii) regulates the individual rents thereof, including without limitation housing units constructed or rehabilitated pursuant to Section 202 of the Housing Act of 1959, as amended (12 U.S.C. $ 17019), Sections 221 (d) and 236 of the National Housing Act, as amended (12 U.S.C. $ $ 17151(d) or 17152-1), Section 811 of the Cranston-Gonzalez National Affordable Housing Act, as amended (42 U.S.C. $ 8013), or Section 13A of Chapter 708 of the Acts of 1966, added by Section 10 of Chapter 855 of the Acts of 1970, as amended (M.G.L. c. 23A App. 91-13A), or housing units financed or subsidized pursuant to project-based programs for low income persons under Section 8 of the United States Housing Act of 1937, as amended (42 U.S.C. $ 1437f), or the project-based Massachusetts Rental Voucher Program, so-called (see line item 7004-9004 of Section 2 of Chapter 159 of the Acts of two thousand, as well as 760 C.M.R. Part 49.00), or housing units with mortgage insurance under Sections 207 or 220 of the National Housing Act, as amended, and subject to a rent regulatory agreement or other controls pursuant to applicable law with the Boston Planning and Development Agency, but not including the following:
(1) housing units owned or acquired by the City of Boston through tax foreclosure;
(2) except for publicly owned dwelling units or units that are financed or subsidized with
project-based Section 8, housing units in a one-to-four family building or structure that are not part of larger housing development, whether on one or more sites;
(3) structures containing housing units subsidized with mobile tenant-based rental assistance that
would not otherwise come within the definition of governmentally-involved housing;
(4) public housing owned or operated by a local housing authority under Chapter 121B of General Laws, the United States Housing Act of 1937 (42 U.S.C. $ $ 1487a et seq.), or any successor act or public housing programs formerly assisted under the United States Housing Act of 1937;
(5) housing units that received mortgage insurance pursuant to Sections 207 or 220 of the
National Housing Act but not subject to a rent regulatory agreement or other controls with the Boston Planning and Development Agency, as well as housing units that received mortgage insurance pursuant to Section 608 of the National Housing Act, regardless of whether there was a rent regulatory agreement or other controls with the Boston Planning and Development Agency or not;
(6) housing units that received mortgage insurance pursuant to Section 221(d) of the National
Housing Act and which never received a federal or state subsidy or below-market interest rate mortgage subsidy; and
(7) housing units where the sole government involvement is the owner's participation in
federal, state, or municipal funded programs for home repairs, energy conservation, or lead paint abatement. For the purpose of this act, "formerly governmentally-involved housing" is defined as housing that was governmentally-involved housing as of July 1, 1994, or which becomes governmentally-involved housing after July 1, 1994, but which then no longer is owned, operated, financed, subsidized, mortgage-insured, or rent-regulated by the United States, the Commonwealth, or any authority created under the laws thereof, provided that "formerly governmentally-involved housing" shall include any housing receiving subsidy under Section 8(t) of the United States Housing Act of 1937 (42 U.S.C. § 1437f(t)).
For the purpose of this act, "low-income" is defined as annual household income, which is eighty percent or less of the median income for the area as determined by the United States Department Of Housing and Urban Development, with adjustments for smaller and larger families.
The City of Boston shall, by ordinance, create an official body designated by the Mayor to establish as the maximum rent for the governmentally-involved and formerly governmentally involved housing units the rent in effect therefore on July 1, 1994, or six months before the basis of federal or state rent regulation or preemption lapsed, whichever is later, adjusted to insure such rent provides a fair net operating income as of the date of the official body's decision, provided, however, said ordinance shall authorize the official body to make individual adjustments in such maximum rents as may be necessary to remove hardships or to correct other inequities, the official body shall observe the principle of maintaining maximum rents for such housing units at levels which will yield to owners a fair net operating income from such housing units. In determining whether the maximum rent for such housing units yields a fair net operating income, due consideration shall be given to, among other relevant factors;
(1) increases in property taxes;
(2) unavoidable increases in operating and maintenance expenses;
(3) major capital improvement of the housing units, distinguished from ordinary repair, replacement, and maintenance;
(4) increases or decreases in living space, services, furniture, furnishings, or equipment; and
(5) substantial deterioration of the housing units, other than ordinary wear and tear or failure to perform routine repair, replacement, or maintenance.
(B) Such ordinance shall provide that no person shall bring an action to recover possession of a governmentally-involved housing unit, or of a formerly governmentally-involved housing unit, to the extent that such regulation is not otherwise preempted by federal law or Section 6 of Chapter 708 of the acts of 1966 as amended, unless:
(1) The tenant has failed to pay the rent to which the owner is entitled;
(2) The tenant has violated an obligation or covenant of tenancy not inconsistent with Chapter 93A of the General Laws or this act other than the obligation to surrender possession upon proper notice and has failed to cure the violation after having received the written notice;
(3) The tenant is causing, committing, or permitting a nuisance in or substantial damage to the housing unit or is creating significant interference with the comfort, safety, or enjoyment of the owner or other occupants of the same or any adjacent unit;
(4) The tenant has used or permitted use of a housing unit for illegal purposes;
(5) The tenant, who had a written lease or rental agreement which has terminated, has refused, after written requests or demands by the owner, to execute a written extension or renewal thereof for a further term of like duration on terms not inconsistent with or violative of any provision of this act;
(6) The tenant has refused the owner reasonable access to the housing unit for the purpose of
making necessary repairs or improvements required by law, or for the purpose of inspection as permitted or required by the lease or law, or to show the housing unit to a prospective purchaser or mortgagee;
(7) The tenant holding at the end of a lease term is a subtenant not approved by the owner; or
(8) The owner seeks to recover possession for any other just cause not in conflict with the provisions and purposes of this act or Chapter 93 A of the General Laws.
The provisions of this Section shall be construed as additional restrictions on the right to recover possession of such housing units.
(C) Such ordinance shall also provide that no person shall remove any governmentally involved or formally governmentally-involved housing accommodation from low-income rental housing use (including but not limited to sale, lease, or other disposition of the property which may have such an effect), or convert such property to a condominium, without first obtaining a permit for that purpose from the official body, to the extent that such provision is not preempted by federal law or Section 6 of Chapter 708 of the acts of 1966 as amended. Such permit may be subject to terms and conditions not inconsistent with the purposes and provisions of this act, including, without limitation, (a) incentives to continue in effect the low-income restrictions previously in place for the property and (b) where the sale, lease, or disposition of the property may result in the loss of all or a portion of the property for low--income rental housing use, the right of an incorporated tenants association in such housing, the city of Boston, the Boston Housing Authority, non-profit community development corporations, or other equivalent bona fide non-profit organizations to negotiate for, acquire and operate such property on substantially equivalent terms and conditions as offered or available to a bona fide third-party purchaser.
(D) To the extent not preempted by federal law or Section 6 of Chapter 708 of the acts of 1966 amended, such ordinance shall require that owners of governmentally-involved housing, or formerly governmentally-involved housing, affirmatively seek out and accept any prospective governmental housing resources, whether tenant-based or project-based, which maximize affordability of the housing units consistent with the income character of the property a the owner a right to obtain a fair net operating income for the housing units, provided that the City shall assist owners by identifying such governmental housing resources.
(E) To the extent not preempted by federal law or Section 6 of Chapter 708 of the acts of 1966 as amended, and so long as such regulation is consistent with the owner's right to obtain a fair net operating income, such ordinance shall also provide that the City may establish local preferences, priorities, and income limits for admission to governmentally-involved housing or former governmentally-involved housing upon unit turnover, consistent, to the extent with the income profile of the property twelve months before the date of the loss or rent preemption or the decision not to renew an expiring subsidy contract. No ordinance or regulation shall require an owner to create a tenancy involving any person with a history of conduct that would, if repeated, be grounds for eviction from such housing. The official body may approve an alternative plan requested by the owner, consistent with the provisions of this Act.
(F) Such ordinance shall also provide that the official body may grant exemptions and exceptions to the general provisions of this act when such action would tend to maintain or increase the supply of affordable housing in Boston, including, without limitation, promoting the sale of properties to tenant organizations or non-profit community development corporations under terms and conditions which would tend to maintain the income character of the property.
(G) Such ordinance shall provide that the official body may promulgate such rules, regulations, and orders as it may deem necessary to effectuate the purposes of this act and the ordinance. The official body may hold hearings on any matters within its authority under this act and ordinance. Any hearings regarding matters related to regulation of rents or removal permits for governmentally-involved or formerly governmentally-involved housing or regarding compliance with other provisions of this act or the ordinance, orders, rules, or regulations adopted or promulgated hereunder shall be conducted by the official body in accordance with
the provisions of Section 11 of Chapter 30A of the General Laws except that requirements (7) and (8) of Section 11 shall not apply to such hearings.
(H) All decisions of the official body may be appealed to the housing court department of the trial court, City of Boston division, by any person aggrieved thereby, whether or not previously a party in the matter, within sixty calendar days after notice of such decision. Judicial review of adjudicatory decisions shall be conducted in accordance with Section 14 of Chapter 30A to the General Laws. Judicial review of regulations shall be conducted in accordance with Section 7 of Chapter 30A of the General Laws. The housing court department of the trial court, city of Boston division, shall have jurisdiction to enforce the provisions hereof and any ordinance, rule or regulation adopted hereunder, and on application of the official body or any aggrieved person may restrain or enjoin violations of any such ordinance, rule, or regulation. In the interests of justice, the court may allow any necessary parties to be joined in or to intervene in any action brought hereunder and may, in its discretion, allow or require an action to proceed as a class action,
SECTION 3. It shall be unlawful for any person to do or omit to do any action in violation of this act or any order, ordinance, rule, or regulation adopted or promulgated hereunder; whoever willfully violates any provision of this act or any order, ordinance, rule or regulation adopted or promulgated hereunder or whoever makes a false statement in any testimony before the official body or its agents, or whoever knowingly supplies the official body with false information shall be punished by a fine of not more than five hundred dollars; provided, however, that in the case of a second or subsequent offense, or where the violation continues after notice thereof, such person shall be punished by a fine of not more than two thousand dollars.
SECTION 4. The provisions of this act are severable, and if any of its provisions shall be held unconstitutional or otherwise invalid by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions.
SECTION 5. The provisions of M.G.L. c. 40P shall not apply to any ordinance adopted under this authority.
SECTION 6. This act shall take effect upon passage.
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[{'Description': 'SD2302 -- Boston', 'DownloadUrl': 'http://malegislature.gov/api/DownloadReport?attachmentId=16108&title=SD2302%20--%20Boston'}]
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An Act relative to window guards in residential rental properties
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S892
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SD2166
| 193
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{'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-01-11T12:44:01.5'}
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[{'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-01-11T12:44:01.5'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S892/DocumentHistoryActions
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Bill
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By Mr. Montigny, a petition (accompanied by bill, Senate, No. 892) of Mark C. Montigny for legislation relative to window guards in residential rental properties. Housing.
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SECTION 1. Chapter 143 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 3R the following section:-
SECTION 3R 1/2: WINDOW GUARDS IN RESIDENTIAL RENTAL PROPERTIES
(a) Definitions. As used in this section:
(1) The term “child” means any individual ten years of age or under.
(2) The term “Department” means the Department of Public Safety.
(3) The term “landlord” means the owner of a multiple dwelling.
(4) The term “lease” means the lease agreement, rental agreement, or any other document legally formalizing the rental arrangement between the landlord and tenant.
(5) The term “multiple dwelling” has the meaning assigned to it in Chapter 151B Section 1.11.
(6) The term “tenant” means the lessee or other occupant residing within a dwelling unit of a multiple dwelling, regardless of whether the occupant is a party to the lease.
(7) The term “window guard” means a bar, screen, or grille assembly installed in a window for the purpose of preventing a child from accidental falling out of the window, in accordance with the regulations promulgated by the Department.
(8) The term “applicable window” means any window greater than six feet above grade that is also capable of opening sufficiently to allow a five inch diameter ball to pass through and is not connected to a fire escape.
(b) Installation.
(1) The landlord or his agent, at the request of a tenant with a child, shall install and maintain window guards on all applicable windows in the tenant’s unit. The landlord or his agent, at the further request of a tenant with a child, shall install and maintain window guards on all applicable windows in the common area of the multiple dwelling accessible by the tenant without having to leave and reenter the building.
(2) Each window guard installed pursuant to subsection 1 shall be designed, constructed, and installed so that it may not deliberately or through accident, ignorance, or inadvertence, be removed, opened, or dislodged without the use of a key or tool. The key or tool shall remain in the possession of the landlord or his agent. Each window guard installed on a window connected to a fire escape shall be releasable or removable from the inside without use of a key, tool, or excessive force.
(3) The Department shall promulgate rules and regulations regarding the design, installation, yearly inspection, and maintenance of window guards.
(c) Notice.
(1) At the beginning of the tenancy, and at least annually thereafter, the landlord or his agent shall provide the tenant with a notice, in accordance with subsection 2, of the tenant’s right to have window guards installed.
(2) The notice shall be in paper format and contain the following text prominently displayed in the lease in no less than 10 point type: “Parents with children under the age of 10 have the right, at no additional charge, to have window guards installed within the rented apartment and the common areas of the building, to prevent children from accidentally falling out of the window.” The landlord or his agent shall also give similar oral notice to the tenant at the beginning of the tenancy.
(3) The Department shall promulgate rules and regulations to establish a yearly training program for landlords and tenants. The Department shall also promulgate rules and regulations to establish the necessary training that the landlord or his agent shall provide to a tenant upon installation of a window guard within the tenant’s unit and upon a tenant beginning a lease in a multiple dwelling with window guards preinstalled.
(d) Prohibitions.
(1) The owner, lessee, sublessee, assignee or managing agent of multiple dwelling, or other person having the right of ownership or possession or right to rent, lease, or sell, or negotiate for the sale or lease of such land or accommodations, or any agent or employee of such a person, shall not:
(i) Charge a tenant requesting window guards any additional rent or fees that a tenant not requesting window guards would be charged.
(ii) Communicate or indicate to the tenant in any way that the installation of window guards is dependent upon additional payment by the tenant.
(iii) Impose any type of pre-condition or psychological deterrent, preliminary to installation of window guards.
(iv) Discriminate against a tenant exercising the right to have window guards installed in any way, including the terms, conditions or privileges of such accommodations or land or the acquisition thereof or renewal of the lease, or in the furnishing of facilities and services in connection therewith.
(2) No occupant of a multiple dwelling, or any other person, shall obstruct or interfere with the installation of window guards, nor shall any person remove or otherwise render ineffective window guards, provided, however, that the landlord or his agent may remove window guards from an unoccupied unit or with the written consent of the tenant.
(3) The Department shall, within a reasonable period of time, investigate complaints filed with regard to a violation under this section, and may impose up to a $5,000 civil penalty for a violation not remedied within ten business days.
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An Act relative to access to air conditioning and relief from oppressive heat
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S893
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SD2214
| 193
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{'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-01-17T11:52:31.867'}
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[{'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-01-17T11:52:31.8666667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S893/DocumentHistoryActions
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Bill
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By Mr. Montigny, a petition (accompanied by bill, Senate, No. 893) of Mark C. Montigny for legislation relative to access to air conditioning and relief from oppressive heat. Housing.
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SECTION 1. Chapter 186 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by inserting after Section 14 the following section:-
Section 14A. (a) For the purposes of this section, the following words shall have the following meanings:
“Portable cooling device” includes air conditioners and evaporative coolers, including devices mounted in a window or that are designed to sit on the floor but not including devices whose installation or use requires alteration to the dwelling unit.
(b) A landlord may not prohibit or restrict a tenant from installing or using a portable cooling device of the tenant’s choosing, unless:
(1) The installation or use of the device would:
(i) Violate building codes or state or federal law;
(ii) Violate the device manufacturer’s written safety guidelines for the device;
(iii) Damage the premises or render the premises uninhabitable; or
(iv) Require amperage to power the device that cannot be accommodated by the power service to the building, dwelling unit or circuit;
(2) If the device would be installed in a window and:
(i) The window is a necessary egress from the dwelling unit;
(ii) The device would interfere with the tenant’s ability to lock a window that is accessible from outside;
(3) The device requires the use of brackets or other hardware that would damage or void the warranty of the window or frame, puncture the envelope of the building or otherwise cause significant damages;
(4) The restrictions require that the device be adequately drained to prevent damage to the dwelling unit or building; or
(5) The restrictions require that the device be installed in a manner that prevents risk of falling; or
(6) The restrictions require that the device be:
(i) Installed or removed by the landlord or landlord’s agent;
(ii) Subject to inspection or servicing by the landlord or landlord’s agent; or
(iii) Removed from October 1 through April 30;
(7) The landlord provides cooling to the dwelling unit through a central air conditioning system.
(c) A landlord may not enforce a restriction on portable cooling devices against a tenant allowed under subsection (b) of this section unless the restrictions are in writing and delivered to the tenant.
(d) A landlord is immune from liability for any claim for damages, injury or death caused by a portable cooling device installed by the tenant.
(e) A landlord who must limit portable cooling devices for a building under subsection (b)(1)(iv) of this section shall prioritize allowing the use of devices for individuals who require a device to accommodate a disability. A landlord is not responsible for any interruption in electrical service that is not caused by the landlord, including interruptions caused by an electrical supply’s inability to accommodate use of a portable cooling device.
SECTION 2. Chapter 184 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by inserting after Section 23D the following section:-
Section 23E. (a) For the purposes of this section, the following words shall have the following meanings:-
“Portable cooling device” includes air conditioners and evaporative coolers, including devices mounted in a window or that are designed to sit on the floor but not including devices whose installation or use requires alteration to the dwelling unit.
(b)A provision in a condominium’s governing document that restricts or prohibits the installation or use of a portable cooling device, is void and unenforceable, unless:
(1) The installation or use of the device would:
(i) Violate building codes or state or federal law;
(ii) Violate the device manufacturer’s written safety guidelines for the device;
(iii) Interfere with the common elements of the condominium; or
(iv) Require amperage to power the device that cannot be accommodated by the power service to the building, unit or circuit;
(2) The device would be installed in a window and:
(i) The window is a necessary egress from the unit;
(ii) The device would interfere with the unit owner’s ability to lock a window that is accessible from outside;
(iii) The device requires the use of brackets or other hardware that would damage or void the warranty of the window or frame, puncture the envelope of the building or otherwise cause significant damages;
(iv) The restrictions require that the device be adequately drained to prevent damage to the dwelling unit or building; or
(v) The restrictions require that the device be installed in a manner that prevents risk of falling; or
(3) The building is cooled through a central air conditioning system;
(4) The restrictions are only to require that the device be:
(i) Installed by building maintenance or a licensed contractor; or
(ii) Removed from October 1 through April 30.
SECTION 3. Notwithstanding any special or general law to the contrary, the department of housing and community development, in collaboration with the department of public health shall study whether to apply for funding to offer include cooling assistance in the application to the U.S. Department of Health and Human Services for the Low Income Home Energy Assistance Program. The study shall include, but not be limited to: (i) the number of households that could qualify for cooling assistance; (ii) the potential health impacts of offering cooling assistance including the impact on the rate of heat related illness and the effect for those suffering from chronic illnesses (iii) whether offering cooling assistance would impact the ability of the state to offer heating assistance (iv) the number of individuals that could qualify for cooling assistance that reside in heat islands. The secretary of the department of housing and community development shall report the findings of this study and any actions taken pursuant this section to the house and senate committees on ways and means, the joint committee on telecommunications, utilities and energy, the joint committee housing and the clerks of the house of representatives and senate not later than July 1, 2024.
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An Act to provide sewer and water rate relief
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S894
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SD2221
| 193
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{'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-01-17T09:39:44.843'}
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[{'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-01-17T09:39:44.8433333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S894/DocumentHistoryActions
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Bill
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By Mr. Montigny, a petition (accompanied by bill, Senate, No. 894) of Mark C. Montigny for legislation to establish a low-income sewer and water assistance program. Housing.
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SECTION 1. Notwithstanding any general or specific law to the contrary, section 24B of chapter 23B of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out in its entirety and inserting in place thereof the following new text:-
Section 24B. The department shall, subject to appropriation, operate a low-income sewer and water assistance program to provide assistance in paying the sewer and water bills of homeowners who are eligible for the Low-income Home Energy Assistance Program, so called, created by the Low-income Home Energy Assistance Act, 42 United States Code sections 8621 et seq., or any successor acts thereto. Said program may be administered in coordination with the Low-income Home Energy Assistance Act, 42 United States Code sections 8621 et seq., or any successor acts thereto, subject to the following provisions: shall establish benefit rates and maximum benefits such that total benefits paid do not exceed the amount appropriated for this benefit;
(a) the department shall use the same grantee agencies, similar applications and similar verification procedures as are used in the Low Income Home Energy Assistance Program, to the maximum extent possible. Grantee agencies shall utilize a reasonable percentage of any funds appropriated, not exceeding 10 per cent of such funds, for administrative costs of the program.
(b) the benefit level provided to any individual household eligible under this program shall not be greater than 25 per cent of the total annual water and sewer bill for the household; provided, however, that the department shall establish benefit rates and maximum benefits such that total benefits paid do not exceed the amount appropriated for this benefit.
(c) households which receive benefits under this program shall not unreasonably refuse to cooperate with any demand-side water conservation programs which are provided at no expense to the household by any local agency or authority.
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An Act to promote sustainable affordable housing
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S895
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SD1668
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{'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-01-19T18:29:38.94'}
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[{'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-01-19T18:29:38.94'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S895/DocumentHistoryActions
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Bill
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By Ms. Moran, a petition (accompanied by bill, Senate, No. 895) of Susan L. Moran for legislation to promote sustainable affordable housing. Housing.
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SECTION 1. Section 20 of Chapter 40B of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting, after the definition of “low or moderate income housing”, the following definition:-
“Mixed use development”, a development containing a mix of residential uses and non-residential uses, including, without limitation: commercial, institutional, industrial or other uses; all conceived, planned and integrated to create vibrant, workable, livable and attractive neighborhoods.
SECTION 2. Section 20 of Chapter 40B of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting, at the end of the definition of “consistent with local needs”, the following:-
Requirements or regulations shall be consistent with local needs if they impose a requirement that the development have all of the requirements for mixed use development, as defined by this section.
SECTION 3. Notwithstanding any general or special law to the contrary, the department of housing and community development shall update the definition of “SHI Eligible Housing” in 760 CMR 56.02 to include:
(a) Any manufactured home or unit of a manufactured home, as defined by section 32Q of chapter 140 of the General Laws;
(b) Any unit within an assisted living residence, as defined by section 1 of chapter 19D of the General Laws; and
(c) Any unit of elderly housing, as defined by section 1 of chapter 19D of the General Laws.
SECTION 4. Section 38Q of chapter 63 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting, after the second sentence, the following sentences:-
An additional credit of 10 per cent of these costs shall be allowed for a corporation which achieves and maintains a permanent solution or remedy operation status in compliance with chapter 21E and which develops the economically distressed area into housing accommodations with at least 30 per cent but not more than 40 percent of units eligible for designation as low or moderate income housing by the department of housing and community development. An additional credit of 15 per cent of these costs shall be allowed for a corporation which achieves and maintains a permanent solution or remedy operation status in compliance with chapter 21E and which develops the economically distressed area into housing accommodations with more than 40 per cent of developed units eligible for designated as low or moderate income housing by the department of housing and community development.
SECTION 5. Chapter 184 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by the adding after section 21, the following section:-
Section 21A. Municipal Right of First Refusal for Affordable Housing Units
(a) For the purposes of this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:
''Affiliate'' an entity owned or controlled by an owner or under common control with the owner.
“Auction” or "public auction", the sale of a housing accommodation, under power of sale in a mortgage loan, by public bidding.
“Borrower", a mortgagor of a Mortgage Loan.
"Deed in lieu," a deed for the collateral property, that the mortgagee accepts from the borrower in exchange for the release of the borrower’s obligation under the mortgage loan.
“Department”, Department of Housing and Community Development, or its successor agency.
“Designee", a nonprofit organization established pursuant to chapter 180, a local housing authority, or a controlled nonprofit or for-profit affiliate of either such entity; provided that the parent organization has requisite experience in developing, owning and/or operating residential real estate and with the financial capacity to secure the financing of the purchase transaction; provided that any purchase by a Designee under this section shall be for the purpose of the use of the property as long-term affordable rental housing set out in a recorded restriction.
"Elderly Tenant Household” a tenant household in which 1 or more of the residents are age 65 or older.
"Foreclosure," a proceeding to terminate a borrower’s interest in property instituted by the mortgagee.
"Housing accommodation," a building or buildings, structure or structures, or part thereof, rented or offered for rent for living or dwelling purposes, including, without limitation, houses, apartments, condominium units, cooperative units and other multi-family residential dwellings; provided, however, that a housing accommodation shall not include a group residence, homeless shelter, lodging house, orphanage, temporary dwelling structure or transitional housing; and provided, further that a housing accommodation shall not include 1-4 unit borrower-occupied housing accommodation if the borrower is domiciled in the housing accommodation at the initiation of the short-sale, deed in lieu, or foreclosure process.
“Immediate Family Member”, the parent, offspring, sibling, or spouse of the Owner.
"Mortgage loan," a loan secured wholly or partially by a mortgage on a housing accommodation.
"Mortgagee," an entity to whom property is mortgaged, the mortgage creditor or lender including, but not limited to, mortgage servicers, lenders in a mortgage agreement and any agent, servant or employee of the mortgagee or any successor in interest or assignee of the mortgagee's rights, interests or obligations under the mortgage agreement.
"Owner", a person, firm, partnership, corporation, trust, organization, limited liability company or other entity, or its successors or assigns, that holds title to real property.
"Purchaser", a party who has entered into a purchase contract with an owner and who will, upon performance of the purchase contract, become the new owner of the property.
"Purchase contract", a binding written agreement whereby an owner agrees to sell property including, without limitation, a purchase and sale agreement, contract of sale, purchase option or other similar instrument.
"Sale", an act by which an owner conveys, transfers or disposes of property by deed or otherwise, whether through a single transaction or a series of transactions, within a 3 year period; provided, that a disposition of housing by an owner to an affiliate of such owner shall not constitute a sale.
"Short-sale," a sale approved by the mortgagee to a bona fide purchaser at a price that is less than the borrower's existing debt on the housing accommodation.
"Tenant", a person entitled to possession or occupancy of a rental unit within residential housing, including a subtenant, lessee and sublessee.
"Third-party offer", an offer to purchase the mortgaged property for valuable consideration by an arm's length purchaser; provided, that a third-party offer shall not include an offer by the borrower or the tenants.
"Third-party purchaser", a purchaser that is not the Tenant Association at the property, or its Designee, Successor, or an Affiliate.
(b) An owner of a residential building with any units designated as affordable by Chapter 40B or any other chapter of the General Laws in the commonwealth shall:
(1) notify the executive and legislative body of the municipality in which the building is located and each tenant household, in writing by hand delivery and United States' mail, of the owner's intention to sell the property or any units within the property (including entertaining an unsolicited offer from a third-party to purchase the property); and
(2) provide a municipality an opportunity to purchase the property or any units within the property at a fair market rate prior to entering into an agreement to sell such property pursuant to the time periods contained in this section, but no owner shall be under any obligation to enter into an agreement to sell such property to the municipality.
(c) A municipality may, within 30 days after receipt of the owner's intention to sell, submit an offer to the owner to purchase the property. Failure to submit a timely offer shall constitute an irrevocable waiver of the municipality’s rights under this subsection and the owner may enter into a contract to sell the property to a third-party. If the owner and the municipality have not entered into an agreement within 30 days after receipt of the notice of the owner's intent to sell, the owner may enter into an agreement to sell the property to a third-party.
(d) Upon execution of any purchase contract with a third party, the owner shall, within 7 days, submit a copy of the executed contract and proof that the deposit toward the purchase has been paid by the third party along with a proposed purchase contract for execution by the municipality. If the municipality elects to purchase the property, the municipality shall within 30 days after the receipt of the third-party purchase contract and the proposed purchase contract, execute the proposed purchase contract or such other agreement as is acceptable to both parties. The time periods set forth in this subsection may be extended by agreement between the owner and the municipality. Except as otherwise specified, the terms and conditions of the proposed purchase contract offered to the municipality shall be the same as those of the executed third-party purchase contract. Any purchase contract offered to, or proposed by, the municipality shall provide at least the following terms:
(1) the earnest money deposit shall not exceed the lesser of:
(i) the deposit in the third-party purchase contract;
(ii) 5 per cent of the sale price; or
(iii) $250,000; provided, however, that the owner and the municipality may agree to modify the terms of the earnest money deposit; provided, further, that the earnest money deposit shall be held under commercially-reasonable terms by an escrow agent selected jointly by the owner and the municipality;
(2) the Owner must provide the following information, documentation, and permissions, within 30 days of the date of the purchase contract of the municipality: the current rent roll with names of all tenants; documentation of all operating expenses for the prior two years, including utilities, insurance premiums, bills for repairs, and capital improvements; permission to inspect all common and maintenance service areas of the property, including roof, boiler room, electrical and telecommunications rooms; permission to conduct inspections and tests for the presence of lead paint and asbestos, including permission to do small amounts of demolition that will be restored after said inspections and tests are completed; and permission to do tests for regulated environmental toxins on unbuilt areas of the property, if required by the lender of the municipality;
(3) the contract will contain all reasonable contingencies, including financing, marketability of title, and appraisal contingencies;
(4) the earnest money deposit shall be refundable for not less than 90 days from the date of execution of the purchase contract or such greater period as provided for in the third-party purchase contract; provided, however, that if the owner unreasonably delays the buyer's ability to conduct due diligence during the 90 day period, the earnest money deposit shall continue to be refundable for an additional period of one day for every day beyond 30 days that the owner has not complied with the provisions of subsection (5) (ii) above. After the expiration of the specified time period, the earnest money deposit shall become non-refundable but shall continue to be a deposit toward the full purchase price; and
(5) real estate broker commissions or fees that are associated with the third-party purchase transaction shall be payable upon the closing of the purchase.
(e) The municipality shall have 160 days from execution of the purchase and sale agreement to perform all due diligence, secure financing for and close on the purchase of the building. Failure to exercise the purchase option within 160 days shall constitute a waiver of the purchase option by the municipality. The 160 day period may be extended by agreement of both parties.
(f) If the municipality does not exercise their purchase option the Owner may proceed with the sale to the third-party. If the closing date in the third-party contract is extended, for each such extension, the Owner shall provide the municipality a notarized amendment to the purchase contract extending the date of the closing. Within 7 days of the termination of the third-party purchase contract the Owner shall notify the municipality of the termination.
(g) The municipality shall ensure that their purchase of the property will not result in the displacement of any Elderly Tenant Households that choose not to participate in the purchase of the property.
(h) The Department shall enforce this subsection and shall promulgate rules and regulations necessary for enforcement. The Department shall provide municipalities with sample purchase contracts incorporating the requirements of this Section that an owner can provide to a municipality.
(e) Short-sales. In any city or town that adopts the provisions of this Section:
(1) An owner, other than the owner of a 1- 4 unit owner-occupied property, shall give notice to each tenant household of a housing accommodation and the municipality within which the housing accommodation is located of the intention to sell the housing accommodation by way of short-sale to avoid foreclosure. Such notice shall be mailed by regular and certified mail, with a simultaneous copy to the attorney general, and the municipality adopting this section within 2 business days of the owner's submission of a request or application to the mortgagee for permission to sell the housing accommodation by way of short-sale or to accept a deed in lieu. This notice shall also include a notice of the rights provided by this section.
(2) No mortgagee may accept any third-party offers or deem the owner's application for short-sale submitted for review unless and until: the mortgagee receives documentation in a form approved by the attorney general demonstrating that the tenants of the housing accommodation and the municipality within which the housing accommodation is located have been informed of the owner's intent to seek a short-sale or deed in lieu and the municipality has had the opportunity to express their interest in exercising a right of first refusal within 60 days or the opportunity to assigned their right of first refusal, or the municipality has waived those rights. If the municipality has not affirmatively expressed their interest in exercising a right of first refusal or in assigning that right within 60 days, or have not affirmatively waived that right within 60 days, the municipality’s rights are deemed waived.
(3) Before a housing accommodation may be transferred by short-sale or deed-in-lieu, the owner, other than the owner of a 1-4 unit owner-occupied property shall notify each tenant household, with a simultaneous copy to the attorney general and the municipality adopting this section, by regular and certified mail, of any bona fide offer that the mortgagee intends to accept.
(4) A municipality that is entitled to notice under the preceding paragraph (3) shall have the collective right to purchase, in the case of a third-party offer that the mortgagee intends to accept, provided that it:
(i) submits to the owner a proposed purchase and sale agreement on substantially equivalent terms and conditions within 60 days of receipt of notice of the offer made under the preceding paragraph (3),
(ii) obtains a binding commitment for any necessary financing or guarantees within an additional 90 days after execution of the purchase and sale agreement, and
(iii) closes on such purchase within an additional 90 days after the end of the 90-day period described in clause (iii).
No owner shall unreasonably refuse to enter into, or unreasonably delay the execution or closing on a purchase and sale with a municipality which has made a bona fide offer to meet the price and substantially equivalent terms and conditions of an offer for which notice is required to be given pursuant to paragraph (3). Failure of the municipality to submit such a purchase and sale agreement within the first 60-day period, to obtain a binding commitment for financing within the additional 90-day period or to close on the purchase within the second 90-day period, shall serve to terminate the rights of such municipality to purchase. The time periods herein provided may be extended by agreement. Nothing herein shall be construed to require an owner to provide financing to such municipality. A right to purchase hereunder shall be for the purpose of maintaining the use of the housing accommodation as permanently affordable rental housing.
(5) The right of first refusal created herein shall inure to the municipality for the time periods hereinbefore provided, beginning on the date of notice to the municipality under paragraph (1). The effective period for such right of first refusal shall begin anew for each different offer to purchase that the mortgagee intends to accept. The right of first refusal shall not apply with respect to any offer received by the owner for which a notice is not required pursuant to said paragraph (3).
(6) In any instance where the municipality is not the successful purchaser of the housing accommodation, the mortgagee shall provide evidence of compliance with this section by filing an affidavit of compliance with the attorney general and the registry of deeds for the county and district where the property is located within 7 days of the sale.
(7) The attorney general shall enforce this subsection (e) and shall promulgate rules and regulations necessary for enforcement. The attorney general may seek injunctive, declaratory, and compensatory relief on behalf of tenants and the Commonwealth in a court of competent jurisdiction. The attorney general shall post a sample intent to sell notice, sample proof of notice to municipality, sample notice of offer, and other necessary documents.
(f) Foreclosures. In any city or town that adopts the provisions of this Section:
(1) When a mortgagee seeks to foreclose, the mortgagee shall provide copies of all foreclosure notices required by Chapter 244, sections 14 and 35A, or any other applicable foreclosure law by regular and certified mail to the tenants of the housing accommodation and to the municipality adopting this Section. The mortgagee shall also provide tenants and the municipality, by regular and certified mail, with a copy of any Complaint filed in Land Court and any Order of Notice issued by the Land Court, pursuant to the Servicemembers Civil Relief Act if applicable, within five (5) days of issuance.
(2) The mortgagee shall provide each tenant household and the municipality adopting this Section, by regular and certified mail, a copy of any and all Notices of Sale published pursuant to Section 14 of chapter 244.
(3) No later than 5 business days before the foreclosure auction of a housing accommodation, the municipality shall inform the mortgagee, in writing, if the municipality intends to exercise their right of first refusal at auction and desire to receive information relating to the proposed auction.
(4) A municipality may exercise their collective right to purchase the housing accommodation, in the event of a third-party offer at auction that the mortgagee receives, provided that the municipality:
(i) submits to the mortgagee a proposed purchase and sale agreement on substantially equivalent terms and conditions to that received by the mortgagee in the third-party offer within sixty days of receipt of notice of the bid made under paragraph (3) of this section,
(ii) obtains a binding commitment for any necessary financing or guarantees within an additional ninety days after execution of the purchase and sale agreement, and
(iii) closes on such purchase within an additional ninety days after the end of the ninety-day period under clause (iii).
No mortgagee shall unreasonably refuse to enter into, or unreasonably delay the execution or closing on a purchase and sale with a municipality which has made a bona fide offer to meet the price and substantially equivalent terms and conditions of a bid received at auction. Failure of the municipality to submit such a purchase and sale agreement within the first sixty day period, to obtain a binding commitment for financing within the additional ninety day period or to close on the purchase within the second ninety-day period, shall serve to terminate the rights of such municipality to purchase. The time periods herein provided may be extended by agreement.
Nothing herein shall be construed to require a mortgagee to provide financing to such municipality. A right to purchase hereunder shall be for the purpose of maintaining the use of the housing accommodation as permanently affordable rental housing.
If there are no third-party bids at auction for the housing accommodation, the municipality shall have a right of first refusal whenever the mortgagee seeks to sell the housing accommodation. The municipality shall be notified of any offers the mortgagee intends to accept and shall be given an opportunity to meet the price and substantially the terms of a third-party offer based on the same time line described in paragraph (4).
(5) The right of first refusal created herein shall inure to the municipality for the time periods herein before provided, beginning on the date of notice to the municipality under paragraph (1).
(6) The attorney general shall enforce this subsection (f) and shall promulgate rules and regulations necessary for enforcement. The attorney general may seek injunctive, declaratory, and compensatory relief on behalf of tenants and the Commonwealth in a court of competent jurisdiction. The attorney general shall post a sample intent to sell notice, sample proof of notice to municipality, sample notice of offer, and other necessary documents.
(g) In any instance where the municipality is not the successful purchaser, the seller of such unit shall provide evidence of compliance with this section by filing an affidavit of compliance with the attorney general, the Department, and the official records of the county where the property is located within seven days of the sale.
(h) Any notice required by this section shall be deemed to have been provided when delivered in person or mailed by certified or registered mail, return receipt requested, to the party to whom notice is required; except that with respect to providing notice to tenants, notice shall be deemed to have been provided when either: (i) the notice is delivered in hand to the tenant or an adult member of the tenant's household; or (ii) the notice is sent by first class mail and a copy is left in or under the door of the tenant's dwelling unit. A notice to the affected municipality shall be sent to the chief executive officer.
(i) It is illegal for an owner or their agent to take any action to evict, threaten, coerce, or retaliate against a tenant or tenants in order to avoid application of this Section.
(j) This section shall not apply to the following:
(1) property that is the subject of a government taking by eminent domain or a negotiated purchase in lieu of eminent domain;
(2) rental units in any hospital, skilled nursing facility, or health facility;
(3) rental units in a nonprofit facility that has the primary purpose of providing short term treatment, assistance, or therapy for alcohol, drug, or other substance abuse; provided, that such housing is incident to the recovery program, and where the client has been informed in writing of the temporary or transitional nature of the housing;
(4) rental units in a nonprofit facility that provides a structured living environment that has the primary purpose of helping homeless persons obtain the skills necessary for independent living in a permanent housing and where occupancy is restricted to a limited and specific period of time of not more than 24 months and where the client has been informed in writing of the temporary or transitional nature of the housing at its inception;
(5) any unit that is held in trust on behalf of a disabled individual who permanently occupies the unit, or a unit that is permanently occupied by a disabled parent, sibling, child, or grandparent of the owner of that unit;
(10) any property that is owned by a college or university that is occupied exclusively by students; or
(11) any sale to an Immediate Family Member of the owner for a total purchase price below the current assessed value of the property.
(k) A municipality shall not solicit or accept payment or any other consideration for assigning or waiving any rights under this section.
(l) Aggrieved municipalities may seek damages under General Law Chapter 93A and may file a complaint with the attorney general, and may also file a court complaint for equitable and/or monetary relief, including but not limited to damages of a percentage of the sales price and/or injunctive relief in the form of specific performance. At all times, all parties must negotiate in good faith.
SECTION 6. Section 20 of Chapter 40B of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting, at the end of the definition of “consistent with local needs”, the following:-
A requirement that a housing proposal considered under sections 20 to 23 of this chapter include a stipulation that the proposed housing development shall not utilize a septic system for waste disposal and shall utilize a sewer system or modular wastewater treatment system for wastewater disposal shall be consistent with local needs if the proposed housing development would be partially or wholly located on a nitrogen-sensitive area, as designated by the department of environmental protection.
SECTION 7. (a) The department of environmental protection shall establish a grant program to provide funding to upgrade wastewater treatment plants to accommodate affordable housing developments.
(b) Eligible grantees shall include any person, entity, or state agency that owns or operates a wastewater treatment plant or modular wastewater treatment system whose sewer load would expand beyond the plant’s maximum rated load capacity by serving future residents of a housing development proposal that has been approved by a municipality or the commonwealth under sections 20 to 23 of chapter 40B of the General Laws.
(c) Funding distributed pursuant to this section shall not be used for any other purpose besides physical upgrades to said wastewater treatment plant or modular wastewater treatment system or to expand operational capacity for management of said plant or system.
(d) Funding distributed pursuant to this section shall not exceed 100 thousand dollars.
(e) The department shall adopt regulations for the implementation and administration of this section.
SECTION 8. Chapter 29C of the General Laws is hereby amended by inserting, after section 20, the following section:-
Section 21. Affordable Housing Septic and Sewer Loan Program
There shall be an affordable housing septic and sewer loan program administered by the department of housing and community development, in consultation with the department of environmental protection.
The program shall provide zero-interest loans to eligible loan applicants for upgrades to existing residential properties to ensure compliance with Title 5 of the state environmental code.
Eligible loan applicants shall be any public agency or limited dividend or nonprofit organization that owns or operates a residential housing facility that was previously approved for construction under the requirements of sections 20 to 23 of chapter 40B of the General Laws and is currently designated as low or moderate income housing by the department of housing and community development on the state’s subsidized housing inventory.
Loan funding distributed pursuant to this section shall only be used by an eligible loan applicant to conduct, or contract for the following upgrades to a residential housing facility that was previously approved for construction under the requirements of sections 20 to 23 of chapter 40B of the General Laws and is currently designated as low or moderate income housing by the department of housing and community development on the state’s subsidized housing inventory:
(a) physical upgrades to the septic system of a residential housing facility to ensure compliance with Title 5 of the state environmental code; or
(b) transition of a residential housing facility from a septic system to a sewage system.
The department of housing and community development shall consult with the department of environmental protection and promulgate regulations for the administration of this section.
SECTION 9. The department of housing and community development shall develop a pilot program for intergenerational affordable housing development.
The program will seek to support individuals aged 60 years or older in providing housing accommodation to any individual aged 18 years or older, or families, in exchange for services or rent.
Eligible program participants shall be individuals or families currently on the state’s central housing application list, and any individual aged 60 years or older that owns their own home and has adequate accommodation available.
In designing the program, the department shall consult with existing privately intergenerational housing programs in the state, including but not limited to:
(a) LifePath HomeShare;
(b) Treehouse at Easthampton Meadow;
(c) The Oak at the Island Creek Village; and
(d) Lasell Village.
The department shall promulgate regulations for the administration of this program.
SECTION 10. Section 25 of Chapter 23B of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking the definition of the term “Annual Income” and inserting in place thereof the following:-
“Annual Income”, a person or family’s gross annual income less the following expenses:
(a) payments made towards student loan payments and payments made to licensed child care providers up to an annual combined deduction of $10,000;
(b) reasonable allowances for dependents, other than spouse; and
(c) medical expenses.
SECTION 11. Section 38D of Chapter 121B of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking the definition of the term “Low or moderate income household” and inserting in place thereof the following:-
“Low or moderate income household”, a household with a gross income of not more than 80 per cent of the area median household income as most recently determined by the United States Department of Housing and Urban Development, adjusted for household size less payments made towards student loan payments and payments made to licensed child care providers up to an annual combined deduction of $10,000; provided, however, that in Nantucket or Dukes county ''low or moderate income household'' shall mean persons and households earning less than 150 per cent of Nantucket county or the county of Dukes County median household income as reported from time to time by the United States Department of Housing and Urban Development.
SECTION 12. Chapter 63 of the General Laws is hereby amended by inserting, after section 38JJ, the following section:-
Section 38KK. Seasonal Employer Housing Tax Credit
(a) For the purposes of this section, the following words shall have the following meanings:
“Seasonal employer”, an employer that, because of climatic conditions or the nature of the product or service, customarily operates more than 70 percent of its business only during a regularly recurring period or periods of less than 20 weeks for all seasonal periods during a calendar year
“Employment season”, any period of time of less than 20 weeks during a calendar year.
(b) There shall be established a seasonal employer housing tax credit program under which a seasonal employer may be allowed a refundable income tax credit based on the amount of rent paid to house any workers employed by the seasonal employer during the employment season. The credit may be claimed against the taxes due pursuant to this chapter.
(c) The tax credit shall only be claimed by the seasonal employer for rent paid to house employees during the employment season.
(d) The commissioner of revenue shall adopt regulations for the implementation, administration and enforcement of this section.
(e) The total cumulative value of the tax credits authorized pursuant to this section shall not exceed $10,000 annually.
(f) If the amount of the credit allowed under this section exceeds the taxpayer's liability, the commissioner of revenue shall treat such excess as an overpayment and shall pay the taxpayer 100 per cent of the amount of such excess, without interest.
SECTION 13. Chapter 63 of the General Laws is hereby amended by inserting, after section 38KK, the following section:-
Section 38LL. Affordable Housing Contractor Tax Credit
(a) For the purposes of this section, the following words shall have the following meanings:
“Affordable housing contractor”, a housing contractor contracted to construct housing accommodations that will be designated as low or moderate income housing by the department of housing and community development on the state’s subsidized housing inventory.
designated as low or moderate income housing by the department of housing and community development on the state’s subsidized housing inventory.
(b) There shall be established an affordable housing contractor tax credit program under which an affordable housing contractor may be allowed a refundable income tax credit based on the amount of rent paid to house any workers employed by the contractor. The credit may be claimed against the taxes due pursuant to this chapter.
(c) The tax credit shall only be claimed by the contractor for rent paid to house workers contracted for work on a project to construct housing accommodations that will be designated as low or moderate income housing by the department of housing and community development on the state’s subsidized housing inventory.
(d) The commissioner of revenue shall adopt regulations for the implementation, administration and enforcement of this section.
(e) The total cumulative value of the tax credits authorized pursuant to this section shall not exceed $10,000 annually.
(f) If the amount of the credit allowed under this section exceeds the taxpayer's liability, the commissioner of revenue shall treat such excess as an overpayment and shall pay the taxpayer 100 per cent of the amount of such excess, without interest.
SECTION 14. Chapter 64G of the General Laws is hereby amended by inserting, after section 3C, the following section:-
Section 3D. Short Term Rental Business Excise
(a) An operator of a short-term rental, as defined in section 1 of this chapter, shall pay an annual assessment of 5 per cent of the operator’s gross revenues derived from operation of short-term rentals in the commonwealth.
(1) For the purposes of this section, an operator of a short-term rental shall not include any person operating an owner-occupied property.
(b) An operator shall pay the above assessment to the department of revenue annually, not later than the 30th of January in the following year.
(c) An operator shall submit to the department of revenue a full report of the revenues generated from each of the operator’s short-term rental properties and the addresses of each of said properties.
(d) All monies derived from the assessment in this section shall be credited by the department of revenue to the municipal affordable housing trust fund, as authorized by section 55C of chapter 44, of the municipality in which the person operated said short-term rentals.
(e) If the municipality in which the person operated said short-term rentals has not established a municipal affordable housing trust fund, all monies derived from monetary penalties under this section shall be credited to the General Fund of the city or town, provided, however that all monies derived from monetary penalties under this section shall not be used for any other purpose besides the development of affordable housing within the municipality.
(f) If the person operated said short-term rentals in multiple municipalities, the monies shall be distributed among the municipalities proportionally based on the percentage of the operator’s total properties in each municipality.
SECTION 15. Section 6 of Chapter 64G of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting, after the first sentence, the following:-
A person that operates a short-term rental without a certificate of registration shall be liable for a monetary penalty of 5 per cent of the person’s gross annual revenues derived from operating short-term rentals within the commonwealth.
A person that operates a short-term rental without a certificate of registration shall be liable for an additional monetary penalty of 1 per cent of the person’s gross annual revenues derived from operating short-term rentals within the commonwealth for each successive year after the first year that the person operates a short-term rental without a certificate of registration, such that the monetary penalty for operating a short-term rental without a certificate of registration shall be 5 per cent of the person’s gross annual revenues derived from operating short-term rentals within the commonwealth in the first year, 6 per cent in the second year, 7 per cent in the third year, and further.
A monetary penalty imposed on a person that operates a short-term rental without a certificate of registration pursuant to this section shall never exceed 15 per cent of the person’s gross annual revenues derived from operating short-term rentals within the commonwealth.
The department of revenue shall enforce this section and shall distribute all monetary penalties collected pursuant to this section.
All monies derived from monetary penalties under this section shall be credited to the municipal affordable housing trust fund, as authorized by section 55C of chapter 44, of the municipality in which the person operated said short-term rentals.
If the municipality in which the person operated said short-term rentals has not established a municipal affordable housing trust fund, all monies derived from monetary penalties under this section shall be credited to the General Fund of the city or town, provided, however that all monies derived from monetary penalties under this section shall not be used for any other purpose besides the development of affordable housing within the municipality.
If the person operated said short-term rentals in multiple municipalities, the monies shall be distributed among the municipalities proportionally based on the percentage of the operator’s total properties in each municipality.
Notwithstanding the provisions of this section, the department of revenue shall have the authority to enter into an agreement with an unregistered operator of a short-term rental that may exempt said operator from paying any monetary penalties derived from this section, provided that the terms of such agreement shall include that:
(a) said operator shall apply for a certificate of registration as detailed in section 67 of chapter 62C;
(b) said operator shall not further operate a short-term rental until said operator is granted said certificate of registration; and
(c) if said operator shall, upon obtaining a certificate of registration and resuming operations of a short term rental, fails to pay the assessment described in section 3D of chapter 64G, such failure shall constitute a violation of the terms of such agreement.
In accordance with section 1 of chapter 12, the Attorney General is authorized to enforce this section. The Attorney General may, within 7 years, bring an action to recover any unpaid assessments and monetary penalties, or enjoin the operations of any non-compliant entity, in any court of competent jurisdiction.
Any municipality or group of municipalities adversely impacted by the action, or failure to act, of any short-term rental operator under this section, may, within 10 years, bring an action to recover any unpaid assessments and monetary penalties, or enjoin the operations of any non-compliant entity, in any court of competent jurisdiction.
SECTION 16. The department of housing and community development shall conduct a study to determine the most effective and sustainable use of state funds for housing individuals and families experiencing homelessness in the commonwealth, with the goal of achieving long-term housing accommodation and supportive services for all residents of the commonwealth.
The study shall consider:
(a) the amount of state funds expended to place anyone in the commonwealth experiencing homelessness in any shelter or temporary accommodation, including but not limited to a hotel or motel;
(b) the amount of state funds expended to cover hospital stays and emergency department visits caused by chronic homelessness, including mental health emergencies or substance use disorder emergencies.
(c) the potential amount of state funding that could be expended to place anyone in the commonwealth experiencing homelessness in permanent housing accommodations, including but not limited to vacant rental units or vacant houses;
(d) whether state funds could be saved by placing individuals and families in permanent housing accommodations instead of temporary accommodations in the event that state shelters are at full capacity;
(e) any legislative or regulatory impediments to placing individuals and families experiencing homelessness in vacant rental units or vacant houses and any challenges associated with removing said impediments;
(f) any other potential alternatives to placing individuals and families experiencing homelessness in hotels and motels that would facilitate more permanent housing accommodations; and
(g) any other potential actions the state could take to achieve the goal stated above.
The department shall consult with any other state agencies or organizations within the commonwealth necessary to compile the study.
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An Act to increase access to affordable housing
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S896
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SD1670
| 193
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{'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-01-18T09:32:11.413'}
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[{'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-01-18T09:32:11.4133333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S896/DocumentHistoryActions
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Bill
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By Ms. Moran, a petition (accompanied by bill, Senate, No. 896) of Susan L. Moran for legislation to increase access to affordable housing. Housing.
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SECTION 1. Section 25 of Chapter 23B of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking the definition of the term “Annual Income” and inserting in place thereof the following:-
“Annual Income”, a person or family’s gross annual income less the following expenses:
(a) payments made towards student loan payments and payments made to licensed child care providers up to an annual combined deduction of $10,000;
(b) reasonable allowances for dependents, other than spouse; and
(c) medical expenses.
SECTION 2. Section 38D of Chapter 121B of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking the definition of the term “Low or moderate income household” and inserting in place thereof the following:-
“Low or moderate income household”, a household with a gross income of not more than 80 per cent of the area median household income as most recently determined by the United States Department of Housing and Urban Development, adjusted for household size less payments made towards student loan payments and payments made to licensed child care providers up to an annual combined deduction of $10,000; provided, however, that in Nantucket or Dukes county ''low or moderate income household'' shall mean persons and households earning less than 150 per cent of Nantucket county or the county of Dukes County median household income as reported from time to time by the United States Department of Housing and Urban Development.
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An Act allowing movable tiny houses as permanent residential dwellings and accessory dwelling units
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S897
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SD1981
| 193
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{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-20T11:24:44.737'}
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[{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-20T11:24:44.7366667'}, {'Id': 'L_M1', 'Name': 'Lenny Mirra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_M1', 'ResponseDate': '2023-01-20T11:24:44.7666667'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-02-02T09:22:00.1233333'}, {'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-02-08T10:12:37.0666667'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-02-08T11:06:42.1333333'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-10T15:14:35.2366667'}, {'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-02-13T12:57:15.2266667'}, {'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-02-15T10:45:49.2766667'}, {'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-02-23T10:23:45.0633333'}, {'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-02-23T10:22:47.5266667'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-23T10:22:31.1666667'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-03-09T14:17:59.8866667'}, {'Id': 'JDZ1', 'Name': 'Jonathan D. Zlotnik', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDZ1', 'ResponseDate': '2023-03-16T10:56:58.62'}, {'Id': 'ALS1', 'Name': 'Aaron L. Saunders', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALS1', 'ResponseDate': '2023-03-21T15:50:38.4166667'}, {'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-04-11T13:41:32.6266667'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-04-27T17:40:18.61'}, {'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-05-04T17:23:05.23'}, {'Id': 'AXV1', 'Name': 'Andres X. Vargas', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AXV1', 'ResponseDate': '2023-06-13T09:59:50.19'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-06-21T10:08:34.0333333'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-07-27T10:18:27.62'}, {'Id': 'SBA1', 'Name': 'Shirley B. Arriaga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SBA1', 'ResponseDate': '2023-08-02T17:18:55.4966667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S897/DocumentHistoryActions
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Bill
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By Mr. Oliveira, a petition (accompanied by bill, Senate, No. 897) of Jacob R. Oliveira, Lenny Mirra, Lydia Edwards, Joseph D. McKenna and other members of the General Court for legislation to allow movable tiny houses as permanent residential dwellings and accessory dwelling units. Housing.
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SECTION 1. Section 1A of chapter 40A of the General Laws, as amended by chapter 358 of the acts of 2020, is hereby further amended by inserting after the definition of “MBTA community” the following definition:-
“Movable tiny house", a transportable dwelling unit built on a frame or chassis with not more than 400 square feet, excluding lofts, projections from bay windows, open decks, porches or exterior utility and storage compartments, intended for residential use on an individual house lot where single-family dwellings are allowed or as an accessory dwelling unit; provided, however, that a “movable tiny house” shall be permanently affixed to a chassis approved by the Massachusetts Department of Transportation capable of carrying the total weight of the structure and the exterior width shall not exceed any dimension prohibited by the Massachusetts Department of Transportation for movement on a public way or highway; provided further, that a “movable tiny house” shall be built in conformance with the regulations and standards of the state building code but shall not be required to have insulation in walls and floors exceeding R-13 or in ceilings exceeding R-18.
SECTION 2. Section 3 of said chapter 40A, as is hereby amended by adding the following 4 paragraphs:-
The Massachusetts Department of Transportation, registry of motor vehicles and the secretary of the commonwealth shall establish a new category for movable tiny houses. The registry of motor vehicles shall establish a process to apply for, issue and cancel certificates of title for movable tiny houses that meet all additional safety and equipment requirements established by the registry of motor vehicles; provided, however, that the registration fee for said certificates of titles for movable tiny houses and manufactured movable tiny houses shall be $100.
A movable tiny house may be placed on a lot as defined in section 1A of chapter 40A of the General Laws and lived in for not less than 180 days before an on-site inspection; provided, however, that after 180 days, a movable tiny house shall be required to have an established address, energy and water source and wastewater system; provided further, that after 180 days, the authority having jurisdiction of said lot shall provide for the inspection of the moveable tiny house by a certified member of a third-party inspection agency and if the moveable tiny house meets the standards of the inspection a certificate of occupancy shall be issued.
Notwithstanding any general or special law to the contrary, a city or town may establish less restrictive rules and regulations than are permitted by this section; provided, however, that a city or town shall not establish design criteria having the effect of excluding movable tiny houses.
A city or town may incentivize hosted parking of movable tiny houses with tax abatements or other tax incentives.
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An Act relative to expanding the eligibility of households for inclusion in a municipality’s affordable housing inventory
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S898
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SD1157
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{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-19T00:21:45.88'}
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[{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-19T00:21:45.88'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-03-27T12:32:25.6366667'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-03-27T12:32:25.6366667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S898/DocumentHistoryActions
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Bill
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By Mr. Pacheco, a petition (accompanied by bill, Senate, No. 898) of Marc R. Pacheco for legislation to expand the eligibility of households for inclusion in a municipality's affordable housing inventory. Housing.
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SECTION 1. For the purposes of this act, “manufactured home” shall mean a structure which is built in conformance to the National Manufactured Home Construction and Safety Standards, is transportable in 1 or more sections, is 8 body feet or more in width or 40 body feet or more in length in traveling mode or is 320 or more square feet when erected on site, is designed to be used as a dwelling unit with or without a permanent foundation when connected to the required utilities and includes plumbing, heating, air conditioning and electrical systems therein.
SECTION 2. Notwithstanding any general or special law or rule or regulation to the contrary, the chief executive officer of a municipality may include 50 per cent of the total number of all resident households living in a manufactured home within such municipality as income eligible households solely for the purpose of counting units for certification of such municipality’s affordable housing plan for submission to the department of housing and economic development. The chief executive officer of a municipality shall submit such additional households for inclusion in the municipality’s affordable housing plan on a form designated by the secretary of the department along with any documentation deemed necessary by the secretary to establish that the total number of such manufactured homes within that municipality is accurate.
The department shall include such households within a municipality’s total number of eligible units for certification, notwithstanding the actual income of such households, upon satisfaction by the department that the number of reported manufactured homes within that municipality is accurate.
SECTION 3. The secretary of the housing and community development shall adopt regulations consistent with this act not later than 90 days after its effective date.
SECTION 4. Section 3 shall take effect upon its passage. The remainder of this act shall take effect 90 days after the effective date of this act.
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An Act relative to manufactured housing communities
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S899
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SD1449
| 193
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{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-09T16:21:47.887'}
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[{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-09T16:21:47.8866667'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-03-23T18:09:53.0766667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S899/DocumentHistoryActions
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Bill
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By Mr. Pacheco, a petition (accompanied by bill, Senate, No. 899) of Marc R. Pacheco for legislation relative to manufactured housing communities. Housing.
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SECTION 1. Chapter 6 of the General Laws is hereby amended by striking out section 108, as appearing in the 2020 Official Edition, and inserting in place thereof the following section:-
Section 108. There shall be a manufactured housing commission consisting of 5 members: 3 members shall be appointed by the governor, 1 of whom shall be a resident of a manufactured housing community, 1 of whom shall be an owner of a manufactured housing community and 1 of whom shall be an attorney authorized to practice law in the commonwealth with experience in legal issues regarding manufactured housing, landlord-tenant law or real estate law and shall not be a resident or owner of a manufactured housing community; 1 member shall be appointed by the attorney general and shall be an attorney authorized to practice law in the commonwealth with experience in legal issues regarding manufactured housing, landlord tenant law or real estate law and shall not be a resident or owner of a manufactured housing community; and 1 member shall be appointed by the director of housing and community development and shall be an attorney authorized to practice law in the commonwealth with experience in legal issues regarding manufactured housing, landlord-tenant law or real estate law and shall not be a resident or owner of a manufactured housing community. The governor shall not appoint more than 2 members from the same political party. In the event that the governor, attorney general or director of housing and community development cannot appoint an attorney with the required experience, the governor, the attorney general or the director of housing and community development may appoint an attorney with experience in mediation or alternative dispute resolution programs. The governor shall appoint 2 alternate members, 1 of whom shall be a resident of a manufactured housing community and 1 of whom shall be an owner of a manufactured housing community. The alternate member who is a resident of a manufactured housing community shall not reside in the same community as the member of the commission who is a resident of a manufactured housing community and the alternate member who is an owner of a manufactured housing community shall not have an ownership interest in the same manufactured housing community as the member of the commission who is an owner of a manufactured housing community. Each member shall serve a term of 2 years and may be reappointed by the appointing authority upon expiration of the member’s term. A member or alternate member of the commission may be removed by their appointing authority for neglect of duty, misconduct, malfeasance or misfeasance after being given written notice and a sufficient opportunity to be heard. The commission shall annually file with the department of housing and community development, the attorney general and the clerks of the house and senate a written report for the preceding fiscal year. The report shall include an accounting of activities conducted and funds received and expended from the Manufactured Housing Trust Fund pursuant to section 2ZZZZ of chapter 29. The department of housing and community development shall make the annual report available online.
SECTION 2. Chapter 29 of the General Laws is hereby amended by inserting after section 2YYYY the following section:-
Section 2ZZZZ. There shall be a Manufactured Housing Trust Fund. The fund shall be administered by the secretary of administration and finance and licensing revenues collected pursuant to section 32B½ of chapter 140 and fees collected pursuant to subsection (c) of section 32T of said chapter 140 shall be deposited into the fund along with any interest earned by the fund. Fund assets shall be expended, without further appropriation, to support the manufactured housing dispute resolution program established in said section 32T of said chapter 140 and may be used for compensation of manufactured housing commission members, as determined by the secretary of administration and finance, based on time actually expended on dispute resolution pursuant to the program described in said section 32T of said chapter 140 and to support funding of court appointed receiverships of manufactured housing communities.
SECTION 3. Section 32B of chapter 140 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after the third sentence the following sentence:- The fee imposed for each original or renewal license for a manufactured housing community shall be for each lot in the community, occupied or vacant, and shall not be passed on, directly or indirectly, through a rent increase or otherwise to a tenant, resident or occupant of the community.
SECTION 4. Said chapter 140 is hereby further amended by inserting after said section 32B the following section:-
Section 32B½ . The fee for each original or renewal license for a manufactured housing community pursuant to section 32B shall be deposited as follows: (i) 80 per cent of the fee shall be deposited into the Manufactured Housing Trust Fund established in section 2ZZZZ of chapter 29; and (ii) 20 per cent of the fee shall be deposited into the general fund of the municipality in which the manufactured housing community is located pursuant to section 53 of chapter 44.
SECTION 5. Paragraph (3) of section 32L of said chapter 140, as appearing in the 2016 Official Edition, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- A manufactured housing community owner shall not impose conditions of rental or occupancy which restrict the resident’s choice of seller of fuel, furnishings, goods, services or accessories connected with the rental or occupancy of a manufactured home lot; provided, however, that the seller or resident shall comply with the applicable laws, rules and regulations of the manufactured housing community approved by the attorney general or otherwise in effect pursuant to paragraph (5), including rules imposing reasonable insurance requirements.
SECTION 6. Said section 32L of said chapter 140, as so appearing, is hereby further amended by striking out paragraph (5) and inserting in place thereof the following paragraph:-
(5) If a manufactured housing community owner promulgates, deletes or amends a rule governing the rental or occupancy of a manufactured home site in a manufactured housing community, a new copy of those rules shall be sent by certified mail, return receipt requested, to the attorney general and the director of housing and community development not less than 90 days before the proposed effective date of the promulgated, deleted or amended rules. The director of housing and community development shall have 45 days to review the rules for compliance with applicable housing laws. Upon completion of that review, the director shall forward a conclusion to the attorney general, who shall have the remainder of the 90-day period to approve or disapprove the rules, unless the attorney general determines that an extension of the rules review period is warranted. If the attorney general determines that an extension of the rules review period is warranted, the attorney general shall send written notification of the extension to the owner of the manufactured housing community; provided, however, that the extension shall be for not more than 90 days after the expiration of the original 90 days. A copy of the manufactured housing community’s rules shall be furnished to each resident in the community, along with a copy of the certified mail receipts signed by a representative of the attorney general, not less than 60 days before the proposed effective date of the promulgated, deleted or amended rules. If the attorney general does not take action before the expiration of the 90-day rules review period or any extension of that period, the manufactured housing community’s rules shall be deemed approved. Nothing in this section shall preclude a private party from challenging a manufactured housing community’s rules or portions of those rules in a court of competent jurisdiction before or after their approval or disapproval.
SECTION 7. Said section 32L of said chapter 140, as so appearing, is hereby further amended by striking out, in lines 67 and 68, the words “thirty-two A to thirty-two S” and inserting in place thereof the following words:- 32A to 32T.
SECTION 8. Said section 32L of said chapter 140, as so appearing, is hereby further amended by striking out, in lines 100 and 101, the words “director of housing and community development or the director’s designee” and inserting in place thereof the following words:- the manufactured housing commission.
SECTION 9. Section 32P of said chapter 140, as so appearing, is hereby amended by striking out, in lines 27 to 33, inclusive, the words “either a copy of the approvals thereof by the attorney general and said director or a certificate signed by the owner stating that neither the attorney general nor said director has taken action with respect thereto within the period set forth in paragraph (5) of section thirty-two L of chapter one hundred and forty. This notification must be furnished to you at least thirty” and inserting in place thereof the following words:- a copy of the approvals of such rules by the attorney general or a certificate signed by the owner stating that the attorney general has not taken action with respect to such rules within the period set forth in paragraph (5) of section 32L. This notification shall be furnished to you not less than 60.
SECTION 10. Section 32Q of said chapter 140, as so appearing, is hereby amended by striking out, in lines 3 and 4, the words “built in conformance to the National Manufactured Home Construction and Safety Standards”.
SECTION 11. Section 32R of said chapter 140, as so appearing, is hereby amended by striking out, in lines 32 and 33 and in line 40, the words “at least fifty-one percent” and inserting in place thereof, in each instance, the following words:- more than 50 per cent.
SECTION 12. Section 32S of said chapter 140, as so appearing, is hereby amended by striking out, in line 4, the words “thirty-two A to thirty-two S” and inserting in place thereof the following words:- 32A to 32T.
SECTION 13. Said chapter 140 is hereby further amended by inserting after section 32S the following section:-
Section 32T. (a) There shall be a manufactured housing dispute resolution program to assist manufactured housing communities with resolving disputes. A resident, owner or operator of a manufactured housing community may file a complaint with the attorney general alleging a violation of sections 32A to 32S, inclusive, regulations promulgated by the attorney general pursuant to said sections 32A to 32S, inclusive, or manufactured housing community rules approved pursuant to paragraph (5) of section 32L. Complaints filed pursuant to this section shall be in writing and shall include an acknowledgement signed by the party making the complaint that the party is aware of the dispute resolution program created by this section.
(b) The attorney general shall review all complaints filed pursuant to this section. The attorney general may take action upon such complaints or refer the complaints to the manufactured housing commission for resolution.
(c) Upon receipt of a complaint from the attorney general, the commission shall assign 1 of its members to conduct a mediation between the parties involved in the dispute; provided, however, that commissioners or alternate commissioners appointed pursuant to section 108 of chapter 6 as residents or owners of a manufactured housing community shall not serve as mediators. The mediator may gather information that the mediator deems necessary to determine whether a violation has occurred. After reviewing information from the parties involved in the dispute, the mediator shall provide recommendations for the resolution of the dispute. If the parties accept the mediator’s proposal, or subsequently negotiate a settlement, the mediator shall notify both parties in writing of the terms agreed to by the parties involved in the dispute. If the parties fail to agree to a resolution of the dispute during the mediation process, 1 or both parties may request that the commission hear and issue a decision on the dispute pursuant to subsection (d). The request shall be made in writing not later than 30 days after the close of the mediation. All requests for a hearing shall include a fee of $25 paid by the party requesting a hearing, subject to adjustment pursuant to section 3B of chapter 7, which the commission shall deposit into the Manufactured Housing Trust Fund established by section 2ZZZZ of chapter 29.
(d) A hearing held pursuant to subsection (c) shall be conducted by 3 members of the manufactured housing commission. One of the 3 members shall be the member who is the resident of a manufactured housing community and 1 shall be the member who is the owner of a manufactured housing community. Commission members appointed by the governor pursuant to section 108 of chapter 6 as either owners or residents, and that own or reside in the manufactured housing community that is the subject of the complaint, shall be prohibited from participating in hearings involving that manufactured housing community. When a commission member is so excluded from hearing a complaint, the corresponding alternate member of the commission shall replace the affected member and hear the complaint. The third member who hears the complaint shall not be the member who conducted the mediation of the complaint. Not later than 45 days after the hearing, the commission shall issue a written decision as to whether a violation has occurred and shall order appropriate action, if any, to be taken by the owner, resident, operator or any of the parties.
(e) Costs incurred under this section including, but not limited to, costs to file or defend a complaint or any money that a party is ordered to pay, shall not be passed on, directly or indirectly, through a rent increase or otherwise, to a tenant, resident or occupant of the community.
(f) All manufactured housing commission hearings and judicial review of commission decisions under this section shall be conducted pursuant to chapter 30A.
(g) The attorney general, upon request of the manufactured housing commission or a
party to the commission hearing or upon its own initiative, may bring an action in a court of competent jurisdiction to enforce a decision issued by the commission pursuant to subsection (d).
(h) The manufactured housing commission shall issue written rules and procedures to carry out its duties under this section.
(i) Nothing in this section shall supersede, preempt or allow the circumvention of any powers granted to a local rent board established by law to regulate rents, the minimum standards for use or occupancy of manufactured housing communities or mobile home park accommodations and the eviction of tenants from those communities or accommodations.
SECTION 13A. Notwithstanding any general or special law to the contrary, the licensed installer of a manufactured home shall not also serve as the licensed inspector for that same manufactured home installation. For the purposes of this section, “installer” shall mean the individual who installed the home or the company which employs that individual
SECTION 14. A member of the manufactured housing home serving on the effective date of this act shall serve out the remainder of the member’s term on the manufactured housing commission. Upon expiration of the term, the member shall be eligible for reappointment to the manufactured housing commission provided that the member meets the qualifications in section 108 of chapter 6 of the General Laws.
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Proposal for a legislative amendment to the Constitution relative to campaign finance reform
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S9
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SD1943
| 193
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{'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-19T22:03:19.953'}
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[{'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-19T22:03:19.9533333'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-02-13T20:41:30.0166667'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-13T20:41:30.0166667'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-14T12:13:45.3533333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-15T15:42:15.1866667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-27T12:45:42.5233333'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-03-02T09:28:48.92'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-03-16T14:26:34.85'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S9/DocumentHistoryActions
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Proposal for Constitutional Amendment
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By Mr. Mark, a petition (accompanied by proposal, Senate, No. 9) of Paul W. Mark for a legislative amendment to the Constitution relative to campaign finance reform. Election Laws.
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SECTION 1. Corporations are not people and may be regulated. The rights afforded to the human inhabitants of this Commonwealth, under this Constitution, are not applicable to any corporation, corporate entity, or artificial person. Any references to persons, citizens, inhabitants, subjects, men, women, people, individuals, or like terms in this Constitution are not to be construed in any way to be referring to a corporation, corporate entity, or artificial person. All corporations, corporate entities, or artificial persons shall do business in Massachusetts under the regulation of laws passed by the Massachusetts General Court, which shall set the rights of such entities to do business to promote the common good and strengthen the social compact of this Commonwealth.
SECTION 2. The Massachusetts General Court may regulate and set reasonable limits on all political contributions and expenditures, to ensure that all individuals, regardless of their economic status, have access to the political process and that no individual gains more access or ability to influence in any way, the election of any candidate for public office, or any ballot measure. The Massachusetts General Court shall require that any and all permissible contributions and expenditures, including late donations, be publicly disclosed, in a timely manner, for the purpose of informing the people, before any vote is held.
SECTION 3. Nothing contained in this Amendment shall be construed to abridge the freedom of the press.
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[]
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[{'Action': 'Adverse', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J15', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J15'}, 'Votes': []}]
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An Act relative to animal welfare and DCF regulations
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S90
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SD381
| 193
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{'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-13T17:30:42.57'}
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[{'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-13T17:30:42.57'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-23T10:22:56.95'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-09T10:55:03.68'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-02-09T10:55:03.68'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-15T15:12:35.2'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-02-24T11:47:21.0233333'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-03-15T14:45:57.5333333'}, {'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-06-08T12:26:28.45'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-06-09T09:48:52.8533333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S90/DocumentHistoryActions
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Bill
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By Mr. Gomez, a petition (accompanied by bill, Senate, No. 90) of Adam Gomez, Jack Patrick Lewis, Vanna Howard, Angelo J. Puppolo, Jr. and other members of the General Court for legislation relative to animal welfare and DCF regulations. Children, Families and Persons with Disabilities.
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SECTION 1. Section 42 of Chapter 19A, as appearing in the 2020 Official Edition of the General Laws, is hereby amended by striking out, in line 52, the words “During any investigation or evaluation reported under section 18, any” and replacing with the following word:- "Any".
SECTION 2. Section 14 of Chapter 19C, as appearing in the 2020 Official Edition of the General Laws, is hereby amended by striking out, in line 1, the words “During any investigation or evaluation reported under section 5, any” and replacing with the following word:- "Any".
SECTION 3. Section 85 of Chapter 119, as appearing in the 2020 Official Edition of the General Laws, is hereby amended by striking out, in line 1, the words “During any investigation or evaluation reported under section 51A, any” and replacing with the following word:- "Any".
SECTION 4. Chapter 119, as appearing, is hereby amended by adding the following new section:-
Section 26D.
The Department reserves the right to request that a foster/pre-adoptive parent applicant or foster/pre-adoptive parent obtain and provide a copy of a behavior/temperament assessment and/or provide veterinary records on any animal maintained on the premises used as a foster/pre-adoptive home. The cost of the behavior/temperament assessment will be borne by the foster/pre-adoptive parent or applicant. The Department shall not restrict placement of a child solely based on the presence of any particular breed of dog in the home. The department may consider:
(a) The age, size, and sex of the child;
(b) Any prior incidents of dangerous behavior between child and animals in previous placements;
(c) Dog is free from disease and parasites and licensed and vaccinated as prescribed by law;
(d) The age, sex, and size of the dog;
(e) Whether the dog has been neutered;
(f) A copy of a behavior/temperament assessment, the cost of which should be borne by the foster/pre-adoptive parent or applicant;
(g) Veterinary records and contact information of veterinarian of any animal on the premises used as a foster/pre-adoptive home;
(h) Any prior incidents of dangerous behavior/incidents by the dog;
(i) Behavioral aspects of the child(ren);
(j) Number of dogs on the premises; and
(k) Whether the dog is penned or caged at any time, and if so, under what circumstances and for what purpose.
The Department reserves the right to request that the foster/pre-adoptive parent applicant or foster/pre-adoptive parent obtain and provide any other information deemed necessary to the safety and well-being of the children as it relates to the status of animals in the home.
SECTION 5. Notwithstanding any general or special law to the contrary, the department of children and families may promulgate regulations for the purpose of implementing this Act.
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An Act relative to electronic meetings and voting in condominiums
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S900
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SD1534
| 193
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{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-19T17:12:52.807'}
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[{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-19T17:12:52.8066667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S900/DocumentHistoryActions
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Bill
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By Ms. Rausch, a petition (accompanied by bill, Senate, No. 900) of Rebecca L. Rausch for legislation relative to electronic meetings and voting in condominiums. Housing.
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Chapter 183A of the General Laws is hereby amended by adding the following section:-
Section 24. Notwithstanding any provisions in the master deed, declaration of trust or bylaws of any condominium submitted to the provisions of this chapter to the contrary:
(a) The governing body of the organization of unit owners may conduct any regularly scheduled or special meeting of said governing body by telephonic or video conference call, or by interactive electronic communication process provided that all participants can hear all conversations. Presence by such electronic means shall constitute presence for purposes of any quorum requirements. The governing body may vote on any action properly before them and approve minutes of any meeting through the use of electronic means as approved by the governing body, including, but not limited to, email, video conferencing, fax machine, or PDF files transmitted over the internet.
(b) The governing body of the organization of unit owners may conduct any annual or special meeting of the unit owners where the unit owners are not physically present at the meeting, but are able to participate in said meeting by telephonic or video conference call, or by other interactive electronic communication process as determined by the governing body. In the event the governing body determines to hold any such unit owner meeting by telephonic, video or other electronic communication process, the governing body shall notify all unit owners of that decision in the notice of such meeting, and provide access information to allow all unit owners to participate in such meeting by such telephonic, video or other interactive electronic communication process. Participation by a unit owner via telephonic, video or other interactive electronic communication process shall constitute presence at the meeting for purposes of any quorum requirements. Any unit owner meetings held by telephonic, video or other interactive electronic communication process shall provide reasonable measures to ensure that unit owners are afforded an opportunity to participate in the meeting, including the ability to read or hear the proceedings of the meeting and pose questions and comments.
(c) The governing body of the organization of unit owners may permit the unit owners to vote on any matters properly before such unit owners by mail-in ballot or by electronic means (including by website, voting software and/or e-mail voting) provided that unit owners constituting a quorum participate in such vote. The governing body may, from time to time, pursuant to its rule-making authority set forth in the governing documents of the organization of unit owners, promulgate and amend policies related to the use and implementation of electronic meetings and voting. In the event the master deed, declaration of trust, or bylaws of the condominium, or any provisions of MGL c. 183A require the signature or written consent of the unit owners for a certain matter, unit owners shall be entitled to submit their signatures or written consents using electronic means as determined by the governing body.
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An Act ensuring affordability in perpetuity
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S901
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SD545
| 193
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{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-12T13:43:05.67'}
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[{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-12T13:43:05.67'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-08T12:47:10.8433333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S901/DocumentHistoryActions
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Bill
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By Mr. Rush, a petition (accompanied by bill, Senate, No. 901) of Michael F. Rush and Paul McMurtry for legislation to ensure affordable housing in perpetuity. Housing.
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SECTION 1. Chapter 40B of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting, after section 21, the following new section:-
Section 21A. All low or moderate income housing constructed under a comprehensive permit must remain affordable in perpetuity.
SECTION 2. This act shall take effect on July 1, 2024.
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An Act relative to public housing determination for veterans
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S902
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SD546
| 193
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{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-12T13:43:25.3'}
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[{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-12T13:43:25.3'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-02T15:18:02.1366667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S902/DocumentHistoryActions
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Bill
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By Mr. Rush, a petition (accompanied by bill, Senate, No. 902) of Michael F. Rush and Paul McMurtry for legislation relative to public housing determination for veterans. Housing.
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Section 32 of Chapter 121B of the General Laws, is hereby amended by inserting the following at the end of the fifth paragraph: notwithstanding any other laws to the contrary, benefits received by veterans and/or their spouses as a result of eligibility for such benefits under Chapter 115 shall be excluded for purposes of rent determination.
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An Act streamlining housing permitting
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S903
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SD45
| 193
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{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-10T12:43:10.913'}
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[{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-10T12:43:10.9133333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S903/DocumentHistoryActions
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Bill
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By Mr. Tarr, a petition (accompanied by bill, Senate, No. 903) of Bruce E. Tarr for legislation to streamline housing permitting. Housing.
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SECTION 1. Section 2 of chapter 43D of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “selectmen.”, in line 5, the following words:-
“Housing Priority Zone”, a privately or publicly owned property, a zoning district or a zoning overlay district zoned and designated for the development or redevelopment of housing which:
1. Exceeds the allowable unit density by a minimum of 50 percent greater than the density allowed prior to designation as a priority zone, and shall in no case have a lot size greater than ½ acre;
2. Includes a minimum of 40% of its units as affordable housing, as defined in Section 2 of chapter 40R;
3. May incorporate the use of zoning methods known as cluster development, as defined in section 9 of chapter 40A of the General Laws, or open space residential design; and
4. Is designated a priority development site by the board, in consultation with the Department of Housing and Community Development.
SECTION 2. Chapter 43D, as so appearing, is hereby further amended by inserting after section 16 the following sections:-
Section 17. For the purposes of determining consistency with the definition of “consistent with local needs” contained in section 20 of chapter 40B of the General Laws, a housing unit developed in a housing priority zone shall be credited at the rate of 1.75 units upon the issuance of a building permit.
Section 18. Any individual or family residing in affordable housing within a housing priority zone shall report to the local administrative office responsible for housing development and administration not less than once every three years to certify that the property has not been sold or otherwise transferred to an individual or family who exceeds the income limits of the affordable housing program. If said property is sold or otherwise transferred to an individual or family who do not exceed the income limits, then the reporting responsibility shall devolve to the new owner or owners of the property.
Section 19. Notwithstanding any general or special law to the contrary, the real estate tax assessed to a property designated as a priority development site shall be on a pro rata basis to the days remaining in the fiscal year from the date of the issue of the temporary or permanent occupancy permit to the end of the fiscal year.
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An Act relative to accessory dwelling units
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S904
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SD640
| 193
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{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-17T15:13:21.047'}
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[{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-17T15:13:21.0466667'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-30T10:04:46.5933333'}, {'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-02-06T15:50:02.0266667'}, {'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-02-16T13:10:38.7133333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-09-22T12:55:33.62'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-04-05T16:52:50.94'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-11T11:33:42.65'}, {'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-02-08T12:05:42.67'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-05-09T13:53:45.0733333'}, {'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-02-16T13:30:51.4266667'}, {'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-02-16T12:12:54.8866667'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-02-02T15:23:32.8666667'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-02T11:36:00.4466667'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-03-02T14:16:58.7633333'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-02-16T19:27:49.1'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S904/DocumentHistoryActions
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Bill
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By Mr. Tarr, a petition (accompanied by bill, Senate, No. 904) of Bruce E. Tarr, Sal N. DiDomenico, Michael O. Moore, Hannah Kane and other members of the General Court for legislation relative to accessory dwelling units. Housing.
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SECTION 1. Section 3 of chapter 40A of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the last paragraph the following 3 paragraphs:-
No zoning ordinance or by-law shall prohibit or require a special permit for the use of land or structures for an accessory dwelling unit, or the rental thereof, in a single-family residential zoning district on a lot with 5,000 square feet or more or on a lot of sufficient area to meet the requirements of title 5 of the state environmental code established by section 13 of chapter 21A, if applicable; provided, however, that the single-family dwelling or the accessory dwelling unit is occupied by at least 1 person with disabilities or 1 person who is elderly.
As used in this section, “accessory dwelling unit” shall mean a self-contained housing unit, inclusive of sleeping, cooking and sanitary facilities, incorporated within the same structure as a single-family dwelling or in a detached accessory structure and that: (i) maintains a separate entrance, either directly from the outside or through an entry hall or corridor shared with the single dwelling; (ii) shall not be sold separately from the single family dwelling; (iii) is not smaller in floor area than 450 square feet; (iv) may include up to two bedrooms; and (v) is not larger in floor area than ½ the floor area of the single family dwelling or 900 square feet, whichever is smaller; “person with disabilities” shall mean a person who has been determined to be disabled (i) in accordance with criteria established by local by-law or ordinance, if any, or (ii) by the Social Security Administration or MassHealth, notwithstanding any local by-law or ordinance; and “elderly” shall mean a person sixty-five years of age or older.
The zoning ordinance or by-law may require that the single-family dwelling or the accessory dwelling unit be owner-occupied and may limit the total number of accessory dwelling units in the municipality to a percentage not lower than 5 percent of the total non-seasonal housing units in the municipality. The use of land or structures for an accessory dwelling unit may be subject to reasonable regulations concerning dimensional setbacks and the bulk and height of structures. Not more than 1 additional parking space shall be required for an accessory dwelling unit but, if parking is required for the single family dwelling, that parking shall either be retained or replaced. An accessory dwelling unit allowed under this section is considered owner-occupied upon transfer of title of the single-family dwelling in whole or in part to a trust in which at least 1 beneficiary is a person with disabilities or a person who is elderly; provided, however, that either the single-family dwelling or the accessory dwelling unit remains occupied by that beneficiary. Nothing in this paragraph shall authorize an accessory dwelling unit to violate the building, fire, health or sanitary codes, historic or wetlands laws, or ordinances or by-laws.
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[{'Description': 'Remove as co-sponsor 2/1/2023', 'DownloadUrl': 'http://malegislature.gov/api/DownloadReport?attachmentId=15095&title=Remove%20as%20co-sponsor%202%2F1%2F2023'}]
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[]
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An Act to eliminate the public counsel fee
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S905
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SD1427
| 193
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{'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-19T16:03:11.623'}
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[{'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-19T16:03:11.6233333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S905/DocumentHistoryActions
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Bill
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By Mr. Barrett, a petition (accompanied by bill, Senate, No. 905) of Michael J. Barrett for legislation to eliminate the public counsel fee. The Judiciary.
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SECTION 1. Subsection (f) of section 2A of chapter 211D of the General Laws is hereby amended by striking out in the first two sentences, each time it appears, the figure “$150” and inserting in place thereof, in each instance, the following figure:- $100.
SECTION 2. Said subsection (f) of said section 2A of said chapter 211D is hereby further amended by striking out in the first two sentences, each time it appears, the figure “$100” and inserting in place thereof, in each instance, the following figure:- $50.
SECTION 3. Said section 2A of said chapter 211D is hereby further amended by striking out subsection (f), and inserting in place thereof the following subsection:-
(f) Notwithstanding any general or special law to the contrary, no person determined to be indigent shall be assessed a counsel fee.
SECTION 4. Section 1 of this act shall take effect on July 1, 2025.
SECTION 5. Section 2 of this act shall take effect on July 1, 2026.
SECTION 6. Section 3 of this act shall take effect on July 1, 2027.
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[]
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[]
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[]
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An Act strengthening the penalty for assault or assault and battery on emergency medical technician, ambulance operator, ambulance attendant or health care provider
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S906
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SD171
| 193
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{'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-01-09T14:17:07.523'}
|
[{'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-01-09T14:17:07.5233333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-26T10:07:01.03'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-26T15:39:16.8233333'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-02-01T12:00:48.75'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-01T15:55:42.36'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-10T15:56:12.1366667'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-02-27T11:16:52.84'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/S906/DocumentHistoryActions
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Bill
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By Mr. Brady, a petition (accompanied by bill, Senate, No. 906) of Michael D. Brady, Jack Patrick Lewis, Paul R. Feeney, Erika Uyterhoeven and other members of the General Court for legislation to strengthen the penalty for assault or assault and battery on emergency medical technician, ambulance operator, ambulance attendant or health care provider. The Judiciary.
|
SECTION 1. Section 13I of Chapter 265 of the General Laws as appearing in the 2022 Official Edition, is hereby amended by striking out, in line 4, the words "treating or transporting a person".
SECTION 2. Section 13I of Chapter 265 of the General Laws as appearing in the 2022 Official Edition, is hereby amended by striking out, in lines 5 and 6, the words "house of correction for not less than 90 days nor more than 2 and one-half years or by a fine of not less than $500 nor more than $5,000, or both." and inserting in place thereof the following words: "state prison for not more than five years, or by imprisonment in a jail or house of correction for not more than two and one-half years".
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[]
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[]
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[]
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An Act relative to benefits for court officers
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S907
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SD174
| 193
|
{'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-01-09T14:17:55.03'}
|
[{'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-01-09T14:17:55.03'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/S907/DocumentHistoryActions
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Bill
|
By Mr. Brady, a petition (accompanied by bill, Senate, No. 907) of Michael D. Brady for legislation relative to benefits for court officers and county sheriff office employees. The Judiciary.
|
Notwithstanding the provisions of any special or general law to the contrary, any court officer regularly and permanently employed by the trial court who transferred from any county sheriff's department on or after January 1, 1998, shall be entitled to have his years of prior service during which he was regularly and permanently employed by that sheriff's department count toward his vacation benefits in the trial court.
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[]
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[]
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[]
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[]
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An Act to increase transparency in the Massachusetts land record systems to protect the property rights of homeowners and businesses
|
S908
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SD194
| 193
|
{'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-01-12T10:09:13.003'}
|
[{'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-01-12T10:09:13.0033333'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/S908/DocumentHistoryActions
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Bill
|
By Mr. Brady, a petition (accompanied by bill, Senate, No. 908) of Michael D. Brady for legislation to further regulate the reporting requirements of mortgages secured by residential property. The Judiciary.
|
Section 6 D of chapter 183 is hereby amended by adding the following,
"Each assignment of mortgage secured by residential property, as defined in said section 1 of chapter 255E, Shall be forwarded within thirty days of the date of the execution of said assignment to the appropriate registry district for recording."
| null |
[]
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[]
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[]
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[]
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An Act relative to child-centered family law
|
S909
|
SD345
| 193
|
{'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-01-13T15:45:53.75'}
|
[{'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-01-13T15:45:53.75'}, {'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-17T10:21:28.7433333'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/S909/DocumentHistoryActions
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Bill
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By Mr. Brady, a petition (accompanied by bill, Senate, No. 909) of Michael D. Brady and Anne M. Gobi for legislation relative to child-centered family law. The Judiciary.
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SECTION 1. Section 34H of Chapter 71 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out, in line 29, the word “visitation” and inserting in place thereof the following words:- parenting time, as defined in Section 31 of Chapter 208.
SECTION 2. Chapter 208 of the General Laws is hereby amended by striking out section 31 and inserting in place thereof the following section:-
Section 31. A. The General Court finds that every child in the Commonwealth has the right to a safe, healthy and meaningful relationship with both parents, subject to the court’s determination of each child’s best interest, and encourages shared parental responsibilities. Parenting plans should prioritize the unique needs and evolving maturity of each child consistent with the safety, best interest and well-being of the child. A parenting plan shall be incorporated into every order, judgment of divorce and modification judgment involving parental responsibility for minor children.
B. For purposes of this chapter, the following terms shall, unless the context dictates otherwise, have the following meanings:-
1. “Decision-Making Responsibility”,
a. Shared: Both parents shall have mutual responsibility and involvement in major decisions regarding the child’s welfare including matters of education, medical care, and emotional, moral and religious development, in accordance with the best interest of the child.
b. Sole: A parent shall have the responsibility to make major decisions regarding the child’s welfare including matters of education, medical care, or emotional, moral and religious development, in accordance with the best interest of the child.
2. “Residential Responsibility”,
a. Shared: A child shall have periods of residing with and being under the care and responsibility of each parent; provided, however, that such periods shall be shared by the parents in such a way as to assure a child frequent, continued and developmentally appropriate contact with both parents in accordance with the best interest of the child. Time with each parent may but shall not necessarily be equal. The parenting plan shall be known as shared residential responsibility only if the child’s period of residing with and being under the care and responsibility of each parent amounts to one-third or more of the parenting time; provided, however, that nothing in this paragraph establishes a presumption that a child shall spend a minimum of one-third of the time or more with each parent.
b. Primary: A child shall reside with and be under the care and responsibility of one parent, and have reasonable parenting time with the other parent, unless the court determines that such time with the other parent would not be in the best interest of the child.
3. “Parental Responsibility”, this term shall encompass both decision-making and residential responsibility.
4. “Parenting Plan”, a written plan describing parental responsibility relative to each child.
5. “Parenting Time”, the time when the child is under the care and responsibility of one parent, regardless of whether or not that parent has shared or primary residential responsibility.
C. Upon the filing of an action under this section, parents shall have shared decision-making responsibility of any minor child of their marriage until either the parties enter into a written agreement concerning parental responsibilities or a court orders otherwise. A parenting plan shall be included in any temporary order issued by the court involving parental responsibility for minor children.
D. In determining parental responsibilities, both at the time of entry of orders and judgment, the court shall at all times be guided by the best interest of the child, and shall consider both section 31A, if applicable, and the following factors as evidence or information is presented thereon:
1. The relationship of the child with each parent, including the parent’s ability to understand the child’s needs and the ability of the parent to be available during his or her parenting time.
2. The reasonable wishes of the child, if the child is of sufficient age, capacity, temperament and understanding. When considering the child’s wishes, the court may also give due consideration to factors that have unduly influenced the child’s preference.
3. The ability for each parent to work together and communicate cooperatively with the other regarding the child’s schedule, routine and physical and emotional needs and; the ability of a parent to foster a positive relationship and frequent and continuing physical, written, electronic, telephonic and other contact between the child and the other parent.
4. The geographical location and availability of each parent, including the distance between them.
5. The willingness and ability of each parent to fulfill caregiving functions, as well as the history of caregiving functions provided by each parent. Caregiving functions are tasks that involve direct interaction with the child or arranging and supervising the interaction and care provided by others.
6. Any special needs of the child, including but not limited to the child’s developmental, emotional, educational, medical and social needs, and the ability of each parent to meet those needs.
7. Whether a parent has inflicted physical, emotional or psychological abuse on the other parent or child, including but not limited to, whether a parent has sexually assaulted or engaged in a pattern or serious incident of abuse against the other parent or a child.
8. Whether a continuing relationship with the other parent may endanger the health, safety or welfare of either the parent or the child.
9. Whether a parent’s abuse of drugs, alcohol or another substance interferes with that parent’s ability to properly care for the child or exposes the child to physical or emotional harm or the risk of physical or emotional harm.
10. Whether or not the child’s present or past living conditions adversely affect the child’s physical, mental, moral or emotional health.
11. Whether there has been a lack of a meaningful relationship between a parent and the child, and the reasons for any estrangement from the child.
12. The presence of siblings or other household members, and the parent’s and the child’s relationships with those siblings and other household members.
13. A parent’s incarceration.
14. A parent’s involving or attempting to involve the child in the parents’ dispute through manipulation or coercive behavior; a parent’s obstructing or impeding the other parent’s reasonable communication, cooperation, parenting time, or shared decision-making or attempting to do so without reasonable cause or; a parent’s interference with the other parent’s access to the child, absent a reasonable, good-faith belief as to protecting the child, parent or household member from physical or severe or persistent emotional harm by the other parent, and subject to judicial findings as to any such reasonable, good-faith belief.
15. A parent’s conviction for a child-related sexual offense.
16. Any other additional factors that the court deems relevant.
E. 1. A parenting plan shall be incorporated into any order, separation agreement or judgment concerning a minor child. Further, a proposed parenting plan shall be filed simultaneously with any request that an order or judgment pursuant to this section be issued or at such other time as permitted by the court.
2. A parenting plan shall include the following as applicable:
a. Decision-making responsibilities, which may detail provisions for consultation between and notice to parents;
b. Residential responsibilities;
c. Legal residence of a child for school enrollment;
d. Parenting time schedule, which may detail the following:
i. Weekday parenting time with the child;
ii. Weekend parenting time with the child, including holidays and school in-service days preceding or following weekends;
iii. Holidays, school vacations, birthdays and summer and such other vacation planning;
iv. Child’s extracurricular and school activities;
v. Transportation and exchange of the child; and
vi. Process for periodic changes to the schedule;
vii. Information sharing and access, including telephone and electronic access;
viii. Notice and protocols as to travel with the child;
ix. Relocation of a parent within the Commonwealth of Massachusetts;
x. Safety of the child;
xi. Safety of each parent;
xii. Nondisclosure of a child's or parent’s address on any academic or health record if necessary to ensure his or her health, safety or welfare;
xiii. Procedure for review of the plan; and
xiv. Methods for resolving disputes.
3. A parenting plan may also include other provisions that further a child’s best interest, as well as provisions which address foreseeable changes in a child’s or parent’s circumstances.
F. Upon a finding of contempt for noncompliance with a parenting plan, as additional remedies to those provided for in section 34A of chapter 215, the court may order any of the following:
1. Adjustment of the parenting plan as informed by any such failure of a parent to comply with the parenting plan;
2. Attendance at an appropriate parenting education course;
3. Award of counsel fees, costs and expenses; or
4. Reimbursement for any of the following incurred as a result of the other parent’s failure to comply with the parenting plan:
a. reasonable child care and related expenses;
b. reasonable travel and related expenses; or
c. lost wages.
G. The entry of an order or judgment relative to the minor children shall not negate or impede the ability of either parent to have access to the academic, medical, hospital, or other health records of the child, as either parent would have had if the order had not been entered; provided, however, that if a court has issued an order to vacate against a parent or an order prohibiting the parents from imposing any restraint upon the personal liberty of the other parent or if nondisclosure of the present or prior address of the child or party is necessary to ensure the health, safety, or welfare of such a child or party, the court may order that any part of such record pertaining to such address shall not be disclosed to such parent.
SECTION 3. Section 31A of said chapter 208 of the General Laws, as so appearing, is hereby amended by striking out, in lines 20 to 21, inclusive, the words “sole custody, shared legal custody or shared physical custody,” and inserting in place thereof the following words:- sole decision making responsibility and sole residential responsibility, shared decision making responsibility or shared residential responsibility.
SECTION 4. Said section 31A of said chapter 208 of the General Laws, as so appearing, is hereby further amended by striking out, in lines 44, 53, 55, 56 and 59, the word “visitation” and inserting in place thereof the following words:- parenting time.
SECTION 5. Section 38 of chapter 209 of the General Laws, as so appearing, is hereby amended by striking out, in lines 20 to 21, inclusive, the words “sole custody, shared legal custody, or shared physical custody” and inserting in place thereof the following words:- sole decision making responsibility and sole residential responsibility, shared decision making responsibility or shared residential responsibility.
SECTION 6. Said section 38 of said chapter 209 of the General Laws, as so appearing, is hereby further amended by striking out, in lines 44, 53, 55, 56, and 59 the word “visitation” and inserting in place thereof the following words:- parenting time.
SECTION 7. Section 3 of chapter 209A of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out, in lines 24 to 25, inclusive, the words “sole custody, shared legal custody or shared physical custody” and inserting in place thereof the following words:- sole decision making responsibility and sole residential responsibility, shared decision making responsibility or shared residential responsibility.
SECTION 8. Said section 3 of said chapter 209A of the General Laws, as so appearing, is hereby further amended by striking out, in lines 48, 57, 59, 60, 61 and 63 the word “visitation” and inserting in place thereof the following words:- parenting time.
SECTION 9. Section 1 of chapter 209C of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out, in line 9, the words “visitation rights” and inserting in place thereof the following words:- parenting time.
SECTION 10. Section 2 of said chapter 209C, as so appearing, is hereby amended by striking out, in line 25, the words “visitation rights” and inserting in place thereof the following words:- parenting time.
SECTION 11. Section 4 of said chapter 209C, as so appearing, is hereby amended by striking out, in line 2, the word “visitation” and inserting in place thereof the following words:- parenting time.
SECTION 12. Section 5 of said chapter 209C, as so appearing, is hereby amended by striking out, in lines 2,47, 59, 63 and 64 the word “visitation” and inserting in place thereof the following words:- parenting time.
SECTION 13. Section 7 of said chapter 209C as so appearing, is hereby amended by striking out, in line 4, the word “visitation” and inserting in place thereof the following words:- parenting time.
SECTION 14. Section 9 of said chapter 209C, as so appearing, is hereby amended by striking out, in line 68, the word “visitation” and inserting in place thereof the following words:- parenting time.
SECTION 15. Section 10 of said chapter 209C of the General Laws, as so appearing, is hereby amended by striking out, in lines 60 to 61, inclusive, the words “sole custody, shared legal custody, or shared physical custody” and inserting in place thereof the following words:- sole decision making responsibility and sole residential responsibility, shared decision making responsibility or shared residential responsibility.
SECTION 16. Said section 10 of said chapter 209C, as so appearing, is hereby further amended by striking out, in lines 84, 89, 93, 95, 96 and 99 the word “visitation” and inserting in place thereof, in each instance, the following words:- parenting time.
SECTION 17. Section 11 of said chapter 209C, as so appearing, is hereby amended by striking out, in lines 15, 27, 61, 64, 70 and 72, the word “visitation” and inserting in place thereof, in each instance, the following words:- parenting time.
SECTION 18. Section 15 of said chapter 209C, as so appearing, is hereby amended by striking out, in line 14, the word “visitation” and inserting in place thereof the following words:- parenting time.
SECTION 19. Section 20 of said chapter 209C, as so appearing, is hereby amended by striking out, in lines 4 and 5, the word “visitation” and inserting in place thereof the following words:- parenting time.
SECTION 20. Section 23 of said chapter 209C, as so appearing, is hereby amended by striking out, in line 3, the word “visitation” and inserting in place thereof the following words:- parenting time.
SECTION 21. Section 40 of chapter 262 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out, in lines 48 and 51 the word “visitation” and inserting in place thereof the following words:- parenting time.
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[]
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[]
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[]
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An Act to assure quality foster care
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S91
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SD626
| 193
|
{'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-13T21:38:10.31'}
|
[{'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-13T21:38:10.31'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T15:43:42.4566667'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-03-13T12:14:48.9133333'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-03-15T14:45:50.8966667'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-04-04T12:02:34.2666667'}, {'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-04-13T09:31:35.74'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/S91/DocumentHistoryActions
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Bill
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By Mr. Gomez, a petition (accompanied by bill, Senate, No. 91) of Adam Gomez and Vanna Howard for legislation to assure quality foster care. Children, Families and Persons with Disabilities.
|
SECTION 1. Section 23 of chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting the following new sub-section (j):
(1) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:
“Employee organization,” an employee organization as defined in section 1 of chapter 150E.
“Foster Parent,” a person authorized or licensed by the Department of Children and Families to provide foster care or pre-adoptive care to children in the care or custody of the Department of Children and Families or a former foster parent who receives a post-adoptive subsidy from said department.
(2) The department shall, subject to appropriation and notwithstanding any general or special law to the contrary, assure quality foster care provided to children placed with foster parents and families by working cooperatively with foster parents to build upon the existing system and continuously improve the provision of high quality foster care through foster parents who have the requisite qualifications, supports, and training.
(3) Foster parents shall be considered public employees, as defined by and solely for the purposes of Chapter 150E, sections 17A and 17J of chapter 180, section 10B of chapter 66 and clause 26(o) of section 7 of chapter 4. Said chapter 150E, including subsection (c) of section 7, shall apply to foster parents except to the extent that chapter 150E is inconsistent with this section, in which case this section shall control. Foster parents shall not be considered public employees or state employees for any purpose other than those set forth in this section. The department, acting through the commissioner, shall be the employer, solely for the purposes of said chapter 150E, said sections 17A and 17J of said chapter 180, and said section 10B of chapter 66. Foster parents shall not be eligible for benefits through the group insurance commission, the state board of retirement or the state employee workers’ compensation program.
(4) Consistent with section 9A of said chapter 150E, no foster parent shall engage in a strike and no foster parent shall induce, encourage or condone any strike, work stoppage, slowdown or withholding of services by any foster parent.
(5) The only appropriate bargaining unit for foster parents shall consist of all foster parents in the commonwealth who are on the most current list of authorized or licensed foster parents which shall be provided by the commissioner.
(6) An employee organization seeking to represent foster parents shall file with the department of labor relations under section 4 of said chapter 150E.
(7) The mandatory subjects, as to which the department and an employee organization certified by the department of labor relations as the bargaining representative of foster parents shall bargain, shall include, but not be limited to, the responsibilities of the foster parents, the responsibilities of the department to the foster parents, developing and encouraging greater education and training opportunities for foster parents, improving recruitment and retention of qualified foster parents, payment rates, rate structures and payment and reimbursement procedures for foster care, supplemental reimbursements for medical or other specialized care, service as educational surrogate parents, attendance at court hearings and foster care review meetings, costs of insurance and reimbursement for property losses caused by children in the care and custody of the department, reimbursement for expenses associated with extra-curricular and social activities, access to training, professional consultation and support, including but not limited to special education, mental and behavioral health, expansion of and access to respite care, foster parent participation in the development of service plans for children in the care and custody of the department , procedures for notice and information regarding placement and service plan changes, and dispute resolution procedures.
(8) Nothing in this section shall modify any right of the department to decide to place or remove a child from the home of a foster parent or the rights of foster parents to appeal and review pursuant to the Department’s Grievance and Fair Hearing Procedures, 110 CMR 10.
(9) Nothing in this section shall alter or abridge the department’s statutory rights and responsibilities to license foster parents, visit, inspect and monitor foster homes, or to suspend, revoke, sanction or take any other action against a foster parent’s license in furtherance of this chapter or in furtherance of the department’s regulations promulgated in this regard. The collective bargaining process and the grievance procedures described in said chapter 150E, shall not apply to the department’s statutory and regulatory licensing, monitoring and enforcement functions.
(10) To the extent provisions in written agreements between the department and foster parents are inconsistent with the terms of agreements collectively bargained pursuant to this section, the terms of the collectively bargained agreement shall control.
(11) Collective bargaining and related activity by foster parents, as authorized under this section, shall qualify for the state action exemption to the federal anti-trust laws.
SECTION 2. The first paragraph of subsection (c) of section 7 of chapter 150E of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by inserting after the word providers, as appearing in line 5, the following words:-,” the department of children and families with regard to bargaining with foster parents.”
SECTION 3. Subsection (j) of section 23 of Chapter 119 of the General Laws, as appearing in section 1, shall take effect upon passage of this act.
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[]
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[]
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[]
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An Act relative to the financial statement review and financial statement audit thresholds for Massachusetts public charities
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S910
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SD792
| 193
|
{'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-01-17T16:20:36.91'}
|
[{'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-01-17T16:20:36.91'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/S910/DocumentHistoryActions
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Bill
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By Mr. Brady, a petition (accompanied by bill, Senate, No. 910) of Michael D. Brady for legislation relative to the financial statement review and financial statement audit thresholds for Massachusetts public charities. The Judiciary.
|
SECTION 1: Section 8F of Chapter 12 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 8, the figure: $200,000, and inserting in place thereof the following figure: $500,000, and further by striking out, in line 15, the figure: $500,00, and inserting in place thereof the following figure: $750,000.
SECTION 2: Section 8F of Chapter 12, as so appearing, is hereby amended by inserting after paragraph 2, the following paragraph:
Should the federal government increase the revenue thresholds for financial statement reviews or for financial statement audits after the enactment of this statute, the Massachusetts revenue thresholds for such will conform to the federal thresholds in effect.
| null |
[]
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[]
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[{'Action': 'Discharge to Another Committee', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J19', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J19'}, 'Votes': []}]
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[]
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An Act relative to employees of private railroads
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S911
|
SD1906
| 193
|
{'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-01-19T16:17:00.353'}
|
[{'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-01-19T16:17:00.3533333'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/S911/DocumentHistoryActions
|
Bill
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By Mr. Brady, a petition (accompanied by bill, Senate, No. 911) of Michael D. Brady for legislation relative to employees of private railroads. The Judiciary.
|
Section 13D of said chapter 265 of the General Laws as so appears is hereby amended by inserting after the word "employee" the following words:- to include employees of private railroads delivering a public service.
| null |
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[]
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