This article is adopted pursuant to and in accordance
with G.L. c. 58, § 8C, which was accepted by the City on
November 8, 2002.
This affordable housing tax abatement ordinance
is enacted to encourage the development of affordable housing as defined
in G. L. c. 60, § 1, or affordable housing and commercial
sites (qualifying site).
Qualifying sites which may be the subject of
a tax abatement under this article shall:
A. Be a site or portion of a site for which the Commission
of the Department of Revenue has approved in writing a request made
by the City to grant an abatement;
B. Be owned by a new owner (eligible owner) who is not
liable for any of the outstanding charges secured by the City's lien;
C. Be available for affordable housing or affordable
housing and commercial uses under the City's Zoning Ordinance, including any special permits or variances.
Any eligible owner may apply for an abatement
under this article by obtaining an application for an affordable housing
tax abatement from the Treasurer's office. Such application may require
any information or documents which the Treasurer deems necessary to
process the application.
In accordance with the requirements of the enabling
legislation, tax abatements granted under this article shall be pursuant
to an agreement as set forth herein.
A. An Affordable Housing Tax Abatement Review Committee
(Committee) is hereby established and authorized to negotiate agreements
for the abatement of real estate taxes (abatement agreements) with
eligible owners for qualifying sites, subject to approval by the Mayor.
The Committee shall consist of the Assessor, the Treasurer, the Auditor,
the City Planning Coordinator, and a City Councillor appointed by
the President of the Council.
B. Abatement agreements may provide for reductions up
to 75% of the outstanding real estate taxes and up to 100% of the
outstanding interest and/or penalties on the qualifying site.
C. Abatement agreements shall include, but not be limited
to, terms addressing the following:
(1) The amount of outstanding real estate taxes;
(2) The interest to accrue, if any;
(3) The amount of monthly payments;
(4) The commencement date for such monthly payments;
(5) The date of final payment;
(6) The late penalties to be imposed;
(7) The number of affordable units;
(8) Any and all other terms of repayment and any other
terms negotiated by the Committee and the property owner and approved
by the Mayor.
D. Copies of all abatement agreements shall be:
(1) Signed by the Mayor and the eligible owner, whose
signatures shall be notarized;
(2) Attested to by the City Clerk;
(3) Approved as to compliance with this article by the
Treasurer;
(4) Provided to the eligible owner, the City Council,
the Massachusetts Department of Housing and Community Development
and the Massachusetts Commissioner of Revenue;
(5) Maintained in the Treasurer's office and the Assessor's
office.