[HISTORY: Adopted by the Annual Town Meeting
of the Town of Nantucket 4-12-2004 by Art. 23, approved 9-3-2004.[1] Amendments noted where applicable.]
[1]
Editor's Note: This bylaw also repealed former
Ch. 100, Nantucket Housing Needs Covenant Program, adopted 4-30-2003
ATM by Art. 55, approved 7-22-2003.
[Amended 4-1-2017 ATM
by Art. 90, approved 5-31-2017]
By this chapter, which shall be known as Chapter 100 of the Code of the Town of Nantucket, Massachusetts, the Town, pursuant to Section 2 of Chapter 301 of the Acts of 2002,[1] as amended, hereby establishes the program hereafter to
be known as the "Nantucket Housing Needs Covenant Program" and designates
the Nantucket Housing Authority (the "Authority") as the agency to
create, administer and enforce Nantucket Housing Needs Covenants under
the Nantucket Housing Needs Covenant Program. The Authority may, pursuant
to applicable law, implement the Nantucket Housing Needs Covenant
Program through contracts with qualified entities, or by otherwise
obtaining assistance for some or all aspects of the Nantucket Housing
Needs Covenant Program, if the Authority determines that such assistance
is in the public interest.
[Amended 4-1-2017 ATM
by Art. 90, approved 5-31-2017]
As set forth in Chapter 301 of the Acts of 2002,
as amended, the purpose of the Nantucket Housing Needs Covenant Program
is to create, make available and maintain housing that is affordable
to those who earn less than 150% of the Nantucket County median household
income, from those situated in lower income groups, to those situated
in more moderate or middle income groups, to help all these groups
to continue to reside on Nantucket if they wish to do so, and to generate
and preserve affordable housing in the Town of Nantucket in perpetuity,
all in order to maintain Nantucket's diversity and unique sense of
community. To accomplish these important community objectives, the
Authority may, within the Nantucket Needs Housing Program, create,
administer and enforce a series of Nantucket Housing Needs Covenants
(an "NHNC").
A.
Within the Nantucket Housing Needs Covenant Program, the Authority may create and administer a series of subprograms and NHNCs, based on different levels of household income, provided that no subprogram or NHNC shall be created for or available to people or households earning more than 150% of the Nantucket County median household income (a "subprogram"), except for a "qualified family member" as defined in § 139-8B(2) of Chapter 139, Zoning, of the Code of the Town of Nantucket who shall be exempt from the established income and asset limits of the Nantucket Housing Needs Covenant Program. For illustration only, without limitation, a subprogram may be established hereunder based on affordability to people or households earning at or below 80% of the Nantucket County median income. For each Nantucket Housing Needs Covenant Program subprogram there shall be created an appropriate NHNC to effectuate said subprogram.
[Amended 4-1-2017 ATM
by Art. 90, approved 5-31-2017]
B.
Nantucket Housing Needs Covenant ("NHNC"). An NHNC
may regulate the terms of the purchase, sale and ownership of real
property, including real property held as a condominium, or an NHNC
may regulate the terms of the rental of real property, or both.
(1)
The Authority may create a series of subprograms and NHNCs that relate to and regulate the terms of the purchase, sale and ownership of real property not held as a condominium, which NHNCs shall be known as an "Nantucket Housing Needs Covenant - Ownership Form." A "qualified family member" as defined in § 139-8B(2) of Chapter 139, Zoning, of the Code of the Town of Nantucket shall be exempt from the established income and asset limits of the Nantucket Housing Needs Covenant Program, and the established income and asset limits shall not be included as requirements in any NHNC-Ownership Form for such qualified family member.
[Amended 4-1-2017 ATM
by Art. 90, approved 5-31-2017]
(2)
The Authority may create a series of subprograms and
NHNCs that relate to and regulate the terms of the purchase, sale
and ownership of real property held as a condominium, which NHNCs
shall be known as an "Nantucket Housing Needs Covenant — Condominium
Form."
(3)
The Authority may create a series of subprograms and
NHNCs that relate to and regulate the terms of the rental and leasing
of real property, which NHNCs shall be known as an "Nantucket Housing
Needs Covenant — Rental Form."
C.
The Nantucket Housing Needs Covenant Program, each subprogram and each NHNC shall include, without limitation, provisions, consistent with this Chapter 100, with Chapter 301 of the Acts of 2002,[1] as amended, and with Chapter 184 of the Massachusetts General Laws, if applicable under § 100-7 hereinbelow, addressing the following elements:
(2)
A definition of affordability;
(3)
An affordability use restriction on the properties
affected by a subprogram and an NHNC;
(4)
Procedures whereby the Authority shall periodically
receive and review reports pertaining to each NHNC;
(5)
Provisions that the Nantucket Housing Needs Covenant
Program, each subprogram and each NHNC shall be created and administered
in a nondiscriminatory manner; and
Pursuant to applicable law, and consistent with this Chapter 100, the Authority shall promulgate and adopt rules and regulations to implement and administer the Nantucket Housing Needs Covenant Program, subprograms and the NHNCs. All such rules and regulations shall be known as the "Nantucket Housing Needs Program Covenant Regulations" and shall be kept on file with the office of the Town Clerk of the Town of Nantucket.
A.
At the request of any seller, purchaser, lessor or tenant or prospective seller, purchaser, tenant or lessor, who has a grievance relating to the administration of the Nantucket Housing Needs Covenant Program, any subprogram, the Nantucket Housing Needs Program Covenant Regulations or any NHNC, the Authority, or a committee thereof (the "Appeal Board"), shall conduct a review appeal to consider any such grievance in accordance with procedures set forth in the Nantucket Housing Needs Program Covenant Appeals Board Regulations, as provided below in § 100-5C.
B.
The Appeal Board shall conduct a special review for a waiver from the strict application of this Chapter 100 or from the Nantucket Housing Needs Program Covenant Regulations. The Appeal Board may, at its sole discretion, grant a request for a waiver or waivers, with or without conditions, if it finds that the approval of such waiver or waivers (1) shall not substantially derogate from the intent and purpose of this Chapter 100 and the Nantucket Housing Needs Program Covenant Regulations, and (2) shall alleviate a substantial hardship for the applicant(s) for such waiver or waivers.
C.
Pursuant to this Chapter 100 and to other applicable law, the Authority shall create rules and regulations pertaining to the Appeals Board and to the conduct of appeals and special reviews hereunder. Said rules and regulations shall be known as the "Nantucket Housing Needs Covenant Program Appeals Board Regulations," and shall be on file with the Town Clerk of the Town of Nantucket.
In addition to the enforcement provisions provided for under § 100-3C(6) of this Chapter 100, and without limiting any other available remedies or penalties, any person who submits false information in connection with any documentation required under the Nantucket Housing Needs Covenant Program, any subprogram, any NHNC or under the Nantucket Housing Needs Covenant Program Regulations or who violates the requirements of the Nantucket Housing Needs Covenant Program, any subprogram, any NHNC or of the Nantucket Housing Needs Covenant Program Regulations may be punished by a fine of not more than $300. Each day or part thereof during which such violation occurs or continues shall constitute a separate offense. As an alternative to criminal prosecution or civil action, the Town of Nantucket may elect to utilize the non-criminal disposition procedure set forth in MGL c. 40, § 21D, and in §§ 1-2, 1-3, 1-4, 1-5 and 1-6 of the Code of the Town of Nantucket with a penalty of $300 for each violation, each day or part thereof during which a violation occurs constituting a separate offense.
[Amended 4-1-2017 ATM
by Art. 90, approved 5-31-2017]
In the event that any NHNC may not be enforceable
in perpetuity under Chapter 301 of the Acts of 2002,[1] as amended, or where the Authority determines that it would further the intent and purpose of this Chapter 100, the Authority may require that, in addition to the requirements of this Chapter 100, any NHNC also conform to the requirements of Chapter 184 of the Massachusetts General Laws, as amended, relative to the creation and maintenance of perpetual affordable housing restrictions.
At its discretion, consistent with this Chapter 100, the Authority, with the Town's approval, to be obtained pursuant to applicable law, may take all necessary steps to qualify any real property affected by an NHNC, for inclusion in the Town's so-called "Subsidized Housing Inventory," as defined by Chapter 408 of the Massachusetts General Laws, as amended, and the regulations thereto. The Nantucket Housing Needs Program Covenant Program, subprograms, NHNCs and regulations may contain provisions to ensure inclusion of any real property affected by an NHNC in the Town's Subsidized Housing Inventory, defined hereinabove.
The adoption of this form of Chapter 100 shall repeal, in its entirety, the existing form of Chapter 100, and shall replace it with this form of Chapter 100. Notwithstanding the repeal and replacement of the previous form of this Chapter 100, any and all agreements, covenants, rules, regulations and the like created pursuant to previous forms of this Chapter 100 shall remain in full force and effect, subject to the provisions of the form of Chapter 100, and the regulations thereto, effective at the time of their recording or filing for registration.
