Section 58.08 - Affordable Housing RestrictionsAffordable Housing Restrictions shall meet the standards and requirements of M.G.L. c. 40, § 60(e) and shall contain the following:
(1)Rental Units. (a)Household Income. Each Affordable Housing Restriction shall provide that household income shall be computed in the manner provided by the federal Section 8 Program or as otherwise specified by the Department in guidelines. For purposes of meeting the Owner's annual certification obligation under M.G.L. c. 40, § 60(f), each Affordable Housing Restriction shall require that each lease for an Affordable Housing rental unit shall impose the obligation on tenant households to provide to the Owner (or municipal monitoring agent) all information reasonably necessary for a reliable determination of household income. If the municipal monitoring agent does not receive the information directly, the Owner shall provide the income certification to a municipal officer or office as specified in the Affordable Housing Restriction. The certifications and information submitted by the tenant households shall be treated as personal information under M.G.L. c. 66A and shall be appropriately safeguarded by the Owner (or monitoring agent) and the municipality.(b)Noncompliance. Each Affordable Housing Restriction shall provide that each lease for an Affordable Housing unit shall provide that failure of a tenant household to provide requisite information in a timely manner to the Owner (or monitoring agent) shall be good cause for eviction of the tenant household, and that the Owner shall seek to evict a tenant household for such noncompliance.(c)Increase of Household Income. Each Affordable Housing Restriction shall provide that if a tenant household's income shall increase so as to exceed the allowable income limits, the Owner shall lease the next available unit to an income eligible household.(d)Other Requirements. Other requirements related to affordable housing restrictions may be specified in guidelines issued by the Department.(2)Ownership Units.(a) A municipality may establish eligibility requirements for homebuyers provided the requirements do not conflict with any provisions of M.G.L. c. 40, § 60 and 760 CMR 58.00.(b) The deeds to all UCH-TIF ownership units will contain Affordable Housing Restrictions consistent with M.G.L. c. 40, § 60, 760 CMR 58.00, any Guidelines issued by the Department, and any other requirements imposed by the municipality.(c)Household income. Each Affordable Housing Restriction shall provide that household income shall be computed in the manner provided by the federal Section 8 Program or as otherwise specified by the Department in guidelines.(d) Each Affordable Housing Restriction shall also provide that the sale price of the affordable homeownership units will be restricted in a way that keeps the units affordable, and each time an affordable unit is sold, it must be sold to an eligible buyer meeting the requirements of the UCH-TIF program and any additional requirements imposed by the municipality.Amended by Mass Register Issue 1337, eff. 4/21/2017.Amended by Mass Register Issue 1372, eff. 8/24/2018.