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By Mr. Garballey of Arlington, petition (accompanied by bill, House, No. 4938) of Sean Garballey (by vote of the town) relative to affordable housing covenants in the town of Arlington. Housing. |
The Commonwealth of Massachusetts
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PETITION OF:
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In the Year Two Thousand and Eight.
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An Act authorizing affordable housing covenants in the town of Arlington |
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. It is the town’s housing policy to increase the number of affordable housing units, and encourage retention of affordability in its housing units for the longest term allowed by law.
SECTION 2. Notwithstanding any provisions of general or special laws to the contrary, the town of Arlington is authorized to designate the Arlington Redevelopment Board as the agency authorized to create, administer and enforce Arlington Housing Covenants, subject to the approval of the board of selectmen. These covenants shall run with the land for a specified number of years or in perpetuity and shall be 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 occupancy by persons or families of low or moderate income in either rental or other housing or (b) restricting the resale price of all or part of the property in order to ensure its affordability by future low and moderate income purchasers or (c) in any way limiting or restricting the use or enjoyment of all or any portion of the land for the purpose of encouraging or ensuring the creation or retention of rental and other housing for occupancy by low and moderate income persons and families.
SECTION 3. For purposes of this act “low and moderate income persons and households” shall mean persons or households earning less than 120% of median household income in the Boston-Cambridge-Quincy, MA HUD Metro FMR area as set forth in guidelines currently in effect or as may hereafter be amended by the United State Department of Housing and Urban Development.
SECTION 4. This act take effect upon its passage.