Overview
This page includes information on the following types of housing:
- Public 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
- Emergency Assistance (EA) provides shelter programs and related services for Massachusetts individuals and families seeking emergency 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."
Public housing, subsidized housing, and housing vouchers
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
Affordable housing, Mass.gov.
Links to affordable housing programs in Massachusetts, including:
Housing choice voucher program administrative plan, Executive Office of Housing and Livable Communities, January 2025.
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:
HUD housing resource and rental assistance guide for Massachusetts, U.S. Department 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.
Income and rent limits, Mass. Affordable Housing Program, April 2025.
Lists limits for the HUD assisted housing programs and tax subsidies. There is no asset limit for families seeking public housing assistance.
Potential affordable homebuyers: Affordable homebuyer FAQs, CHAPA.org.
Eligibility and other information for purchasing a home under the Massachusetts Affordable Housing Law (Chapter 40B).
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?
Utilities allowances, U.S. Department of Housing and Urban Development.
Information on utility allowances for households living in public housing.
Emergency housing assistance
Massachusetts laws
MGL c. 23B, § 30 Emergency housing assistance program
- St. 2025, c. 1, § 8: "[B]eginning on December 31, 2025 through December 31, 2026, the total capacity of the emergency housing assistance program established pursuant to said section 30 of said chapter 23B shall not exceed 4,000 families."
- St. 2024 c. 88, § 3 New 9-month time limit
Families can only stay in the Emergency Assistance (EA) Family Shelter program for 9 months. Under the new law, families will have 9 months to transition out of EA shelter and into stable housing.
Massachusetts regulations
760 CMR 65 The Massachusetts Short-Term Housing Transition Program
760 CMR 67 Eligibility for Emergency Assistance (EA)
Federal regulations
24 CFR Part 576 Emergency solutions grants program
- § 576.401 Evaluation of program participant eligibility and needs
- § 576.403 Shelter and housing standards
Selected cases
Garcia v. Dept. Of Housing and Community Development, 480 Mass. 736 (2018)
DHCD was not required to use motels to address ADA accommodation for emergency shelter for people who qualify under the Americans with Disabilities Act (ADA). ADA requires an individualized and fact-specific inquiry as to what constitutes a reasonable accommodation.
Web sources
Apply for Emergency Assistance (EA) family shelter, Executive Office of Housing and Livable Communities.
Learn how to apply for shelter if you are pregnant or have children under 21 years old.
Emergency Assistance advocacy guide, Mass Law Reform Inst., 2023.
Provides advocates and homeless families with eligibility rules and other information for Emergency Assistance
Emergency Assistance (EA) Family Shelter - Length of Stay Policy, Executive Office of Housing and Livable Communities.
Information on the new law limiting the length of stay for families in EA shelter. Includes details on implementation and extensions.
Emergency housing assistance, Executive Office of Housing and Livable Communities.
Links to resources for those seeking shelter as well as those currently living in EA family shelter.
HomeBASE, Executive Office of Housing and Livable Communities.
Helps families who are eligible for Emergency Assistance (EA) Family Shelter find stable housing. Can include monthly payments to help with rent, moving costs, and other types of assistance.
Residential Assistance for Families in Transition (RAFT) program, Executive Office of Housing and Livable Communities.
The Residential Assistance for Families in Transition (RAFT) program provides short-term emergency funding to help you with eviction, foreclosure, loss of utilities, and other housing emergencies.
What is Emergency Assistance (EA) family shelter?, Executive Office of Housing and Livable Communities.
Explains what emergency assistance shelter is and what families can expect while in shelter. Includes information on the types of shelter one might encounter, expectations for families while in shelter, and the two tracks of EA shelters.
Contact
Online
| Last updated: | June 23, 2025 |
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