Lawyers contest deed restriction for Habitat build

For three years, town officials and residents alike supported the Buzzards Bay Area Habitat for Humanity’s plan to build a single-family home on Route 6. Now, Town Counsel Jon Witten is apprehensive about a clause in a legal agreement that would allow for future sale of the property to a non low-income buyer.

While Habitat and the agreement with the state designate the home as being for a low-income buyer, the clause would allow future homeowners to sell the property to anyone if a qualified low-income buyer could not be found in 90 days.

“In my opinion, that conflicts dramatically with the intentions and actions of Marion voters and Habitat for Humanity,” Witten told Selectmen on April 1.

Habitat for Humanity, a global nonprofit, builds affordable housing for low-income families.

The agreement is between Habitat and the Department of Housing and Community Development. It is a standard document for all affordable housing units, Matthew Sheaff director of communications for the state housing department said via email.

In 2012, a Marion Town Meeting vote approved the sale of the town-owned land to Habitat for Humanity with the intention that a low- or moderate-income family would purchase a home there.

Witten said if Selectmen signed the legal agreement, then the project would move forward; however, that would defy that vote’s intention.

“I won’t argue that you defeat the will of the voters,” said Witten.

Witten and Habitat for Humanity Attorney Janice Robbins learned of the clause in February as they pored over the terms of a regulatory agreement with the housing department.

It’s an issue the housing department won’t compromise on. According to Witten: “The Department of Housing and Community Development has said that won’t change.”

Sheaff noted that if the property is sold to someone who does not qualify as low income after the deadline the deed restriction is still in effect.

“So when the over-income buyer wants to sell, he or she would need to offer it for sale for 90 days to only income-qualified buyers,” Sheaff said. He added there are options to keep the project in the hands of a qualifying person.

“There are things the town can do – like buy the property itself and hold it until an income eligible buyer can be found or keep a list of income eligible buyers,” Sheaff said.

Selectmen briefly considered that option at their meeting, but dropped the idea.

“That would be a political minefield,” Selectman Jon Henry said, adding that funding the purchase would cause debate. Board members also pondered signing the deed restriction as written.

“It would be easy to resell the house at the Habitat price range,” Selectman Stephen Cushing said. “But the market could change.”

Ultimately, the board opted to postpone that decision. Instead, Witten will ask the housing department to extend the deadline past 90 days.

Witten and Robbins will schedule a meeting with housing department authorities at a later date.