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Local Preference for Affordable Housing

 

State & federal standards; local policy

 

Ø     Federal Monies:
o HUD regulations do not allow for Local Preference.
o Federal law does not allow Local Preference with the use of Federal monies

 

Ø     State Monies:
o DHCD regulations require Local Preference under 760CMR5
o 760CMR5 Local Preference has three catalogues: local resident, employed locally or homeless and from local area.
o No State law that prohibits Local Preference with the use of State monies

 

Ø     Local Monies:
o Provincetown has no current regulations/Zoning to prohibit Local Preference.

 

 

Ø     Local Preference for Firefighter/Police/EMTs/Public Employees:
o Local Initiative Program (LIP) can allow for specific groups to receive preference
o LIP can provide specific pretences for up to 70% of housing developed
o LIP must be non discriminatory; match the racial demographic population of the Barnstable non-metropolitan area

 

Ø     Board of Selectmen approved policy on Local Preference for Affordable Housing, September 8, 2003:

It shall be the policy of the Provincetown Board of Selectmen:
1. That for all affordable housing projects which receive a favorable determination by the Local Housing Partnership, and are thus able to advance to the front of the Growth Management queue to be in position to receive their building permits, that these affordable units shall be rented (or sold) giving the maximum preference allowed by law to current residents of the Town of Provincetown, employees of the Town of Provincetown, Provincetown natives and relatives of current Provincetown residents, all in accordance with the Regulatory Agreement to be executed pursuant to the requirements of the affordable housing deed restriction. This provision is intended to complement and not to override or supersede the fair marketing regulations of the Department of Housing and Community Development, Massachusetts Commission Against Discrimination or any authority with jurisdiction and like purpose, to provide low/ moderate/ and or middle income housing.
2. That for the purposes of affordable housing eligibility, Provincetown resident be defined as an individual who is currently residing in the Provincetown town limits, or who has been displaced from his or her home in Provincetown due to condominium conversion or the sale of his or her unit by the property owner within the past two years, or who has immediate family (specifically, mother, father, brother, sister, daughter, son, spouse or domestic partner) currently residing in the Town of Provincetown. (The term domestic partner shall be as recognized or defined by the Town.)