Section 4.13 - Acquisition and/or Development of Real Property Never Subject to a Contract for Financial Assistance(1) Pursuant to M.G.L. c. 121B, § 31 an LHA may submit to the Department an application for an affordable housing development utilizing private or mixed public and private financing on real property which is owned or which is to be acquired by the LHA but which is not and never has been subject to a contract for financial assistance between the LHA and the Department. Such application for approval shall not be required for an acquisition or development to be financed by a state or federal affordable housing agency or program. If an application is required the form and contents of the application shall be prescribed by the Department. Within 60 days of receipt of a complete application the Department shall approve such application provided that it shall have made the following findings: (a) The proposal for an affordable housing development appears capable of achievement.(b) The affordable housing to be constructed will be deed restricted to occupancy by low or moderate income households at affordable rents or at affordable sales prices. Any deed restrictions shall specify the term for which the housing shall be affordable. The term may be perpetual or for a lesser term of years. The purpose of the deed restriction shall be to ensure affordability of the housing during the term.(c) The tenant share of the rent for such an affordable housing unit shall be: 1. no more than the percentage of monthly net household income which is specified in 760 CMR 6.04(1)(b) with net household income of the tenant household determined in the manner specified in 760 CMR 6.05: Determination of Gross Household Income and Net Household Income; or2. a rental amount which shall not in any event exceed 30% of 80% of area median household income adjusted for household size as determined by HUD; or3. an amount determined as an allowable rent by a state or federal affordable housing program.(d) Sales prices for such affordable housing shall be no more than a low or moderate income household of appropriate size could afford using reasonable assumptions determined by a state or federal low or moderate income homeownership program.(e) Adequate provision has been made so that the lot or lots of land on which the housing will be constructed will be suitably subdivided from any other land of the LHA which is subject to a contract for financial assistance.(f) Adequate provision will be made, insofar as reasonably possible and financially feasible, to protect against loss of affordability in the event of foreclosure of any mortgage.(g) Public construction and prevailing wage requirements, insofar as applicable, will be complied with in the construction of the housing.(h) Tenant or homeowner selection procedures, including residency preferences, shall be fair and reasonable and will not contravene any applicable state and federal antidiscrimination laws any state or federal fair housing laws. (2) The Department shall notify the LHA in writing whether an application is incomplete or whether it has been approved, approved with conditions, or denied within 60 days from the date of the Department's receipt of the application. Any housing approved by the Department under 760 CMR 4.13 shall not be subject to any contract for financial assistance for or in connection with a state-aided housing project under M.G.L. c. 121B between the LHA and the Department, shall not be a housing project eligible for subsidy under M.G.L. c. 121B, § 32, and shall not be subject to regulation by the Department as such.Amended by Mass Register Issue 1336, eff. 4/7/2017.Amended by Mass Register Issue 1342, eff. 4/7/2017.