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Issues In Depth: Housing & Community Development
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Senator Moore's Housing & Community Development Legislation
   
an act Establishing Special Development Districts (40T)

Documents & Status: Text of Senate 146 | Status
Featured Section: Special Development Districts

This legislation would enable infrastructure improvements without burdening the budgets of the Commonwealth or its cities and towns. This financing technique has been used with great success in other states and will prove to be a very powerful tool to reduce the cost of housing and commercial real estate development in Massachusetts.

   
AN ACT RELATIVE TO RENT WITHHOLDING

Documents & Status: Text of Senate 766 | Status

This legislation restricts the circumstances in which a tenant or occupant is entitled to raise a counterclaim or claim of defense for possession of the premises in an eviction action for nonpayment of rent. The bill requires that before a defense or counterclaim can be raised the board of health or other local enforcement agency must certify that the conditions complained of constitute a violation of the standards of fitness for human habitation; and (b) after such certification, the tenant must notify the landlord in writing and the landlord must receive such notice before any rent became in arrears. The bill also sets up the standards for rent escrow accounts. 


AN ACT REFORMING CHAPTER 40B

Documents & Status: Text of Senate 767 | Status

This legislation would promote the development of truly affordable housing while closing some of the loopholes in the current law developers use to exploit many area towns. This bill would increase the required amount of affordable unites in a 40B development from 25 to 33%. It would also limit the type of variances granted under a comprehensive permit to density and require a direct financial subsidy from a government or semi-government agency. Finally, this bill would work to more accurately limit the profits of 40B developments to the 20% they are allowed under the current statute.


AN ACT RELATIVE TO SECURITY DEPOSITS FOR RESIDENTIAL REAL PROPERTY

Documents & Status: Text of Senate 768 | Status

This bill amends the law governing a security deposit from a tenant to a landlord. Under current law, if a landlord fails to give the tenant receipt for the security deposit indicating the name and address of the bank and account information where the funds have been deposited, the tenant is entitled to immediate return of the deposit. The landlord is thus left without a security deposit. This bill would allow the landlord to retain the security deposit if he or she can provide such a receipt immediately upon request.

      

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