Transfer of Surplus Land Subject to a Contract for Financial Assistance (CFA) for Development of

Affordable Housing (1) Pursuant to M.G.L. c. 121B, § 34 an LHA or its controlled affiliate may submit to the Department an application for approval of a transfer of land (including a transfer by conveyance or a transfer by ground lease) which is subject to a contract for financial assistance between the LHA and the Department but which is surplus to the anticipated need for land for any existing or future state-aided housing project. The purpose of the transfer shall be for the construction of an affordable housing development. The form and contents of such application shall be specified by the Department and shall include a showing that the land is surplus to the needs of any existing state-aided housing project and to any planned state-aided housing project on the site and shall specify the anticipated use of the property following transfer. Within 60 days of receipt of a complete application the Department shall approve such application provided that at shall have made the findings specified in 760 CMR 4.11 and shall also have found that there has been or will be a disposition process complying with all applicable requirements of law for disposition of land by a public entity. (2) The Department shall notify the LHA or its controlled affiliate in writing whether an application is incomplete or whether it has been approved, approved with conditions, or denied within 60 days from the date of the Department’s receipt of the application. Housing approved by the Department under 760 CMR 4.12 shall not be subject to any contract for financial assistance for or in connection with a state-aided housing project under M.G.L. c. 121B between the LHA and the Department shall not be a housing project eligible for subsidy under M.G.L. c. 121B, § 32 and shall not be subject to regulation by the Department as such. With respect to a transfer of land approved under 760 CMR 4.12 the LHA shall not be obligated to repay any state bond funds received pursuant to a CFA for relevant acquisition, development or modernization. Implementation of any application for an affordable housing development approved by the Department under 760 CMR 4.12 shall be subject to receipt of a building permit under applicable zoning or under a comprehensive permit and the approval of any necessary subdivision plan within 24 months of the Department’s approval or such further time as may be approved by the Department.