Portland committee backs forwarding model bill (Mass. 40T) to Legislature to protect affordable housing tenants

2158819 · January 7, 2025

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Summary

The committee authorized staff to forward a proposal modeled on Massachusetts' '40T' to help preserve affordability and tenant protections when deed-restricted affordable housing approaches the end of affordability terms.

Portland’s Legislative and Nomination Committee authorized city staff to forward a proposal modeled on Massachusetts’ so-called '40T' to the Legislature as a potential tool to preserve affordable housing and protect tenants from displacement when affordability restrictions expire.

Staff described the measure as a technical, preservation-focused bill designed to give municipalities and state housing entities the ability to preserve affordable units and provide tenants notice and protections when an affordable development’s restrictions end. Director Watson and economic development staff have discussed the model with members of the city’s delegation, and staff said a representative in the Legislature has already met with the director to work on specifics.

Committee members acknowledged the bill is technical and somewhat 'geeky' but said it could create an important safety net if enacted. They emphasized the need for municipal flexibility when affordability terms expire and noted that the proposal could allow local governments or state housing authorities to step in to renew protections and preserve tenant stability.

Votes at a glance - Motion to forward the Massachusetts 40T–style affordable-housing preservation proposal to the Legislature: moved by Councilor Grama, seconded by Councilor Sykes; outcome: approved (voice vote).

Staff will coordinate with the city’s delegation and Director Watson to refine the proposal, identify potential sponsors, and present legislative language to the committee for review as the session proceeds.