Mass. Gen. Laws c. 121B § 44

Rental assistance program; rentals and tenant selection

In Force
Verified 10/26/2026 · Next check 11/2/2026
effective 9/30/2026MassachusettsSection 8 HCV

Operative Text

Mass. Gen. Laws c. 121B § 44
Section 44. The requirements with respect to rentals and tenant selection for low-rent housing projects shall apply to units leased by a housing authority under the rental assistance program, except that (a) as between applicants, who need not be residents of the city or town, but shall be residents of the commonwealth who applied at the same time and who are eligible for occupancy, preference shall be given in the selection of tenants to the following types of applicants: first to families with four or more minor dependents, then to families displaced by public action, then to elderly persons of low income, and then to handicapped persons of low income or families of low income of which one or more persons is handicapped; provided, however, that in the case of any project financially assisted by the federal government, preference shall be given in the selection of tenants in whatever manner is required by federal legislation or regulation; [There is no clause (b).] (c) a housing authority shall release and assign its rights under any lease to the tenant then occupying a dwelling unit or such other housing units subject to regulations promulgated by the department of community affairs not inconsistent with the standards required for dwelling units under the rental assistance program provided the tenant so requests, and provided the tenant demonstrates financial ability to pay the full rent called for under the lease; and (d) payments to the owner of a dwelling unit or said other housing unit leased under the rental assistance program shall be made in the manner determined by the housing authority and agreed to by said owner. Amounts paid on behalf of tenant families under the rental assistance program shall not be considered in determining the amount of welfare or other public assistance payments to which they may be entitled.

Funds appropriated for the rental assistance program established by sections forty-two to forty-four, inclusive, or which may become available therefor from the federal government or any other sources, shall be allocated within the following limits:— cities with over five hundred thousand population, not in excess of fifty per cent of such funds for any one such city; cities and towns with between one hundred thousand and five hundred thousand population, not in excess of twenty per cent of such funds for any one such city or town; and cities and towns under one hundred thousand population, not in excess of ten per cent of such funds for any one such city or town. The department shall allocate funds on the basis of applications therefor from the housing authorities; provided, however, that if, after May the thirty-first, nineteen hundred and seventy, a housing authority has expended all of the funds allocated pursuant to this paragraph, the department may, in its discretion, utilize funds appropriated but not allocated pursuant to sections forty-two to forty-four, inclusive of this chapter to provide additional rental assistance funds to such an authority. The department may make advances of funds to a local housing authority in such amount not to exceed five thousand dollars to an authority in each calendar year for purposes of negotiating leases for the rental assistance program; provided, however, such advances of funds shall be made upon the condition that such advances of funds shall be repaid out of any monies which become available to such authority for said rental assistance program.

No more than five per cent of the funds allocated by the department for the purposes of carrying out the provisions of the rental assistance program shall be used for the leasing of units other than dwelling units.
Source: Legislative text reproduced verbatim
Plain English

Mass. Gen. Laws c. 121B § 44 establishes the rules governing how rental assistance program units are leased and how tenants are selected for low-rent housing projects administered by housing authorities in Massachusetts. The law sets a priority order for applicant selection—favoring large families, those displaced by public action, elderly persons of low income, and handicapped persons of low income—while also capping how much of the program's funds any single city or town may receive. The provision further specifies that rental assistance payments made on a tenant's behalf cannot be counted against their eligibility for welfare or other public assistance. Additionally, the law limits non-dwelling-unit leasing to no more than five percent of allocated funds.

Written by anthropic/claude-sonnet-4.6 · Reviewed on September 30, 2026

Plain English — not legal advice.

For Property Managers

Under Mass. Gen. Laws c. 121B § 44, housing authorities administering the rental assistance program are responsible for determining the manner of payment to dwelling-unit owners, which must be agreed upon by the owner. Compliant operators generally ensure their lease arrangements with a housing authority align with the program's standards and remain aware that the authority retains the right to release and assign its lease rights to an occupying tenant if that tenant requests it and demonstrates financial ability to cover the full rent. Owners participating in federally assisted projects should also be aware that federal tenant-selection preferences may govern over state priority rules where required by federal law.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Mass. Gen. Laws c. 121B § 44 outlines the priority order in which housing authorities must select tenants for rental assistance program units, giving preference first to large families, then to those displaced by public action, followed by elderly and handicapped persons of low income. Tenants should be aware that rental assistance payments received on their behalf cannot legally be counted when calculating their welfare or other public assistance eligibility under this provision. Tenants who occupy a unit leased under the rental assistance program and wish to take over the lease directly may request that the housing authority release and assign its lease rights to them, provided they can demonstrate the financial ability to pay the full rent; tenant-rights organizations or legal aid services can help individuals understand how this process generally works.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated September 30, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Sep 30, 2026
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Related Rules

§ 888.113
§ 888.113 Fair market rents for existing housing: Methodology.
§ 888.115
§ 888.115 Fair market rents for existing housing: Manner of publication.
§ 0770-01-05-.05
CONFLICT OF INTEREST.

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