760 CMR 77.01
Purpose, Program Overview
1. St. 2024, c. 150 (the Act) established a plain and explicit authorization for the Division of
Capital Asset Management & Maintenance under St. 2024, c. 150, § 121 to convey Surplus Real
Property for Housing Purposes and other Reuse Restrictions as defined by the Commissioner of
the Division of Capital Asset Management & Maintenance. St. 2024, c. 150, § 122 requires
Municipalities to allow as of right Residential Development of Surplus Real Property conveyed
pursuant to St. 2024, c. 150, § 121 for Housing Purposes.
2. EOHLC is authorized to promulgate regulations to effectuate St. 2024, c. 150, § 122. 760
CMR 77.00 establishes a framework to guide Municipalities and Developers in the Residential
Development of Surplus Real Property and are intended to give full effect to the preemptive and
as-of-right requirements of St. 2024, c. 150, § 122, to maximize the production of housing on
Surplus Real Property consistent with the Act, and to align with the Commissioner's authority
under St. 2024, c. 150, § 121 to incorporate additional requirements through the Conveyance.