Bill
H 4290
Establishes the Chatham Housing Trust to create and manage a dedicated fund and authority for affordable and attainable housing for year‑round residents.
Status note (scrivener's error)
- The bill is filed as House No. 4290 but the published packet contains two different items: (1) a local act to create a municipal housing trust for Chatham, MA, and (2) an unrelated South Carolina concurrent resolution expressing sympathy on the death of Reverend Thomas N. Brittain. A scrivener’s correction was recorded on 2025‑04‑30. The title shown in some indexes (“Thomas N. Brittain, sympathy”) appears to be erroneous and does not reflect the Chatham housing trust substance.
Purpose and intent
- Establish a municipal Chatham Housing Trust to create and preserve affordable and attainable housing for year‑round Chatham residents.
Key provisions and changes
- Trust creation: Establishes the Chatham Housing Trust as a municipal trust separate from the town General Fund and from the town’s existing Affordable Housing Trust Fund.
- Definitions:
- “Affordable housing” = households up to 100% of Area Median Income (AMI) (HUD, adjusted for household size).
- “Attainable housing” = households up to 200% of AMI (HUD, adjusted).
- Governance:
- 7‑member board of trustees appointed by the select board.
- Composition required: 2 select board members; 1 member of the Chatham Community Housing Partnership; 4 at‑large community members (selection to consider real estate/development/finance expertise).
- Board replaces and assumes duties of the existing Chatham Affordable Housing Trust under G.L. c.44, §55C.
- Original trustees appointed within 60 days of the act’s effective date; quorum = majority; members uncompensated but reimbursed for expenses; removal “for cause” by select board after notice/hearing.
- Finance and funds:
- Establishes a Housing Trust Fund (treasurer as custodian).
- Fund sources: gifts, grants, money appropriated by the town, revenues from sale/lease/rental of trust property, and other transfers (including chapter 44B funds subject to chapter 44B restrictions).
- Money in the trust available for use by the trust without further town meeting appropriation.
- Town may, by 2/3 vote, borrow in aid of the trust under chapter 44 for capital purposes.
- Existing appropriations to the town’s Affordable Housing Trust Fund prior to this act remain in that separate account and are to be expended under §55C.
- Powers: Broad authority to accept property/money; buy, hold, sell, lease real/personal property; execute instruments and contracts; hire advisors/agents; and otherwise manage trust assets consistent with the trust’s purposes. Chapter 44B funds must be accounted for separately and reported on CP‑3.
Who is affected / likely impacts
- Year‑round residents of Chatham seeking lower‑cost housing options (targeted to households up to 200% AMI).
- Town governance: select board, town treasurer, community preservation committee (for reporting), and the preexisting Affordable Housing Trust.
- Developers, non‑profits, and funders engaged in local housing projects may have a new municipal vehicle to receive funds, acquire property, hold assets, and implement projects.
- Fiscal: lowers need for repeat town meeting appropriation for trust expenditures; enables town‑backed borrowing (2/3 vote) to support trust capital projects.
Procedural / timeline items
- Filed as House Docket No. 4878 (filed 07/02/2025 in the packet).
- Legislative actions recorded: introduced and adopted in early April 2025 (04/03 and 04/09 entries), scrivener’s error corrected 04/30/2025; referred to the committee on Housing 07/16/2025; Senate concurred 07/21/2025. A written‑testimony‑only hearing was scheduled for 11/10/2025.
- Original trustees are to be appointed within 60 days after the act takes effect.
Limitations / special conditions
- Funds received from chapter 44B (Community Preservation Act) must be used and reported consistent with that chapter and are to be tracked separately.
- The act preserves the separate accounting and intended use of funds previously dedicated to the town’s Affordable Housing Trust under §55C.
Compiled from official sources — confirm details with the bill’s official record.
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