JurisdictionMassachusettsPart IADMINISTRATION OF THE GOVERNMENT
Title VIICITIES, TOWNS AND DISTRICTS
Ch. 40POWERS AND DUTIES OF CITIES AND TOWNS
This text of Massachusetts § 70 (Preference for affordable housing to low- or moderate-income veterans; municipality credit; proof of veteran status and income eligibility) is published on Counsel Stack Legal Research, covering Massachusetts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
[ Text of section added by 2024, 248, Sec. 9 effective December 4, 2024]Section 70.
(a)A city or town may enter into an agreement with a housing developer or residential development owner to provide a preference for affordable housing to low- or moderate-income veterans, as defined in clause Fortythird of section 7 of chapter 4 if the residential development is subject to any of the following:
(1)inclusionary zoning;
(ii)incentive zoning; or (iii) a density bonus ordinance or by-law. The preferance shall be for up to 10 per cent of the affordable units in a particular development.
(b)The preference under this section shall be established in the applicant
selection process for available affordable units. Applicants who are veterans and
who apply within 90 days of the initial marketing
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[ Text of section added by 2024, 248, Sec. 9 effective December 4, 2024]Section 70. (a) A city or town may enter into an agreement with a housing developer or residential development owner to provide a preference for affordable housing to low- or moderate-income veterans, as defined in clause Fortythird of section 7 of chapter 4 if the residential development is subject to any of the following: (1) inclusionary zoning; (ii) incentive zoning; or (iii) a density bonus ordinance or by-law. The preferance shall be for up to 10 per cent of the affordable units in a particular development.(b) The preference under this section shall be established in the applicant
selection process for available affordable units. Applicants who are veterans and
who apply within 90 days of the initial marketing period of the development
shall receive preference for the rental of up to 10 per cent of the affordable
units. After the first 90 days of the initial marketing period, if any of the units
subject to the preference remain available, applicants from the general public
shall be considered for occupancy. Following the initial marketing period,
qualified applicants who are veterans shall be placed on a waiting list for the
preference-occupied units for veterans and on any general waiting list. The
veterans on the preference-occupied waiting list shall be given preference for
affordable units, as the units become available, whenever the percentage of
preference-occupied units falls below 10 per cent.(c) Any agreement to provide affordable housing preferences for veterans
pursuant to this section shall not affect a municipality's ability to receive credit
for the unit for affordable housing pursuant to sections 20 to 23, inclusive, of
chapter 40B; provided, that such unit or development shall meet all other
eligibility criteria for inclusion on the subsidized housing inventory, pursuant to
706 CMR 56.00 and any applicable federal or state subsidy program requirements.
The agreement may be monitored by a third party assigned by the
municipality.(d) This section shall not require an increase in the existing amount of
affordable units set by the city or town.(e) The city or town may require proof of veteran status and income eligibility
as the city or town deems necessary.