An affordable housing deed restriction is a legal document recorded at the Registry of Deeds that specifies the resale, refinance and leasing provisions for the referenced property. The buyer of the affordable unit, selected by lottery, must agree to execute a deed restriction, which will be recorded at the Franklin County Registry of Deeds at the time of purchase. This affordable unit will be sold at a substantial discount price with a Deed Restriction attached. The Deed Restriction ensures that the unit remains affordable for future purchasers of the property during the term of the restriction. It is strongly recommended that purchasers of an affordable, deed restricted unit review the deed restriction with their attorney and lender. Below is a general description of the deed rider:
Principal Residence: The property must be the owner’s principal residence during the term of the restriction.
Notice Requirement: During the term of the restriction, if an owner wants to sell their affordable unit, they are required to notify the Monitoring Agent, Rural Development, Inc (RDI).
Maximum Resale Price: There is a limit on the resale price of the unit so that the unit will be affordable to the next purchaser during the term of the restriction. The formula for calculating the maximum resale price will be established at the time of purchase.
Resales: During the term of the restriction, deed-restricted affordable homes are required to be resold in accordance with the deed restriction to an eligible buyer.
Leasing and Refinancing: Affordable units cannot be leased or refinanced without prior written consent of the Monitoring Agent.
Capital Improvement Policy: The monitoring agent will review capital improvement requests prior to work being done. Capital improvements are defined as “necessary maintenance improvements that if not done would compromise the structural integrity of the property.”
A copy of the Deed Restriction for this project may be requested from RDI by phone – 413-863-9781 TTY/TDD 800-439-2370 – by email at RuralHomes413@gmail.com, or in person at RDI’s office at 241 Millers Falls Road, Turners Falls, MA 01376.
Statement of Understanding
I/We have read the Summary of the Deed Restriction for the 856 Wendell Road, Warwick application.
I/We understand that, if selected to purchase an affordable unit, a full copy of the Deed Restriction will be provided to me, and that if my household is certified as income eligible and is able to obtain an approved mortgage, that I/We will be required to execute the Deed Restriction at the time of purchase and it will be recorded along with the deed at the Franklin County Registry of Deeds.