Overview
There are 3 types of low-rent housing:
- Public housing housing is state or federally funded housing administered through a local housing authority
- A voucher is rental assistance to help people find an apartment in the private market
- Multifamily subsidized housing is owned by a private landlord or corporation that has received government subsidies to provide affordable housing
Best bets
A guide to emergency and long-term help with housing, Executive Office of Housing and Livable Communities.
Includes information on state-aided public housing, rental assistance, homelessness prevention, resources for victims of domestic violence, and home ownership opportunities.
Guide me: I have a housing problem, Mass. Legal Resource Finder.
"Answer a few questions. We will give you information to help you understand what your legal rights and responsibilities are. We will also give you a you a list of steps you can take that give you more control over what happens next."
Massachusetts laws
MGL c. 23B, § 25, § 26, and § 27 Executive Office of Housing and Livable Communities
MGL c. 121B Housing and urban renewal
Massachusetts regulations
760 CMR Executive Office of Housing and Livable Communities
Federal laws
42 USC 1401-1440 Low-income housing
42 USC 13601-13664 Residency and service requirements in federally assisted housing
Federal regulations
- § 5 General HUD program requirements; waivers
- §§ 5.850 et seq. Preventing crime in federally assisted housing—denying admission and terminating tenancy for criminal activity or alcohol abuse
- § 247 Evictions from certain subsidized and HUD-owned projects
- §§ 800-899 Section 8 Housing Assistance Programs, Section 202 Direct Loan Program, Section 202 Supportive Housing for the Elderly Program and Section 811 Supportive Housing for Persons with Disabilities Program
- §§ 900-999 Additional housing assistance programs
- §§ 965.651-965.653 Smoke-free public housing
Selected cases
Boston Housing Authority v. Garcia, 449 Mass. App. Ct. 727 (2007)
“While intending to reduce illegal drug activity in federally funded housing projects by eliminating the innocent tenant defense, Congress and HUD have not required that housing authorities evict any and all tenants whose household members commit the types of crimes enumerated in 42 U.S.C. § 1437d(l)(6), including illegal drug activity. Rather, HUD policy encourages local housing authorities to engage in the individualized consideration of the circumstances of each case to ensure ‘humane results...’”
Carter v. Lynn Housing Authority, 450 Mass. 626 (2008)
“[A] tenant’s interest in her public housing tenancy ‘is a protected interest, entitling her to fair procedures before the government can terminate it’...Hearings such as the one at issue are nominatively and substantively informal, but paradoxically, the stakes are exceptionally high. Vulnerable tenants must not be deprived of protective interests solely on the basis of their lack of familiarity with the intricacies of regulations that, ironically, were designed to protect those interests.”
Costa v. Fall River Housing Authority, 453 Mass. 614 (2009)
“[C]onsistent with applicable due process requirements, hearsay evidence may form the basis of a PHA’s decision to terminate Section 8 assistance so long as that evidence contains substantial indicia of reliability.”
Wojcik v. Lynn Housing Authority, 66 Mass. App. Ct. 103 (2006)
“The regulations make it clear that a decision whether to terminate benefits because of action or inaction of a family member must involve a process in which the affected family at least has an opportunity to present evidence and arguments about circumstances that might move the decision maker to impose a penalty less severe than termination. Thus the hearing officer must hear evidence and find facts relating to ‘all relevant circumstances.’”
Web sources
HUD housing resource and rental assistance guide for Massachusetts, U.S. Dept. of Housing and Urban Development, February 2024.
Provides information on public housing, rental assistance, homelessness prevention, resources for victims of domestic violence, and home ownership opportunities.
Affordable housing, Mass.gov.
Links to affordable housing programs in Massachusetts, including public housing, rental assistance, and energy assistance.
Chapter 40B affordable housing: Frequently asked questions, CHAPA.org.
Eligibility information for purchasing a home under the Massachusetts Affordable Housing Law.
Housing choice voucher program administrative plan, Executive Office of Housing and Livable Communities, August 2021.
This 400+ page book outlines policies and procedures for Section 8 tenant-based programs, including topics such as fair housing, eligibility, discrimination, etc.
Housing Navigator Massachusetts
Free search and data tools for locating and researching affordable housing. Includes:
Housing search guide for people with disabilities in Massachusetts, Chapa.org.
A guide for disabled renters in Massachusetts. Includes step-by-step assistance for searching.
Income and rent limits, Mass. Affordable Housing Program, April 2024.
Lists limits for the HUD assisted housing programs and tax subsidies. There is no asset limit for families seeking public housing assistance.
Public & subsidized housing, Mass. Legal Help.
A collection of pages containing information on topics related to public and subsidized housing, including:
- Smoking in public housing
- Understanding why your public or subsidized housing application was denied
- Using your public housing grievance process
- What is the difference between public and subsidized housing?
Public housing occupancy guidebook, U.S. Dept. of Housing and Urban Development.
This guide covers most aspects of public housing, including eligibility, application procedure, occupancy guidelines, lease requirements, and grievance procedures, among other topics.
Smoke-free public housing, U.S. Dept. of Housing and Urban Development.
Includes a Guidebook for landlords as well as a checklist and information for residents on health and quitting smoking.
Utilities allowances, U.S. Dept. of Housing and Urban Development.
Information on utility allowances for households living in public housing.
Contact for Massachusetts law about public and subsidized housing
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| Last updated: | September 20, 2024 |
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