Massachusetts General Laws

Mass. Gen. Laws ch. 121B, § 3 (2026)

Housing authorities; creation; dissolution

✓ current as of July 2026

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Section 3. There is hereby created, in each city and town in the commonwealth, a public body politic and corporate to be known as the ''Housing authority'' of such city or town; provided, that no such authority shall transact any business or exercise any powers until the need for a housing authority has been determined and until a certificate of organization has been issued to it by the state secretary, both as hereinafter provided.

Whenever the municipal officers of a city or an annual or special town meeting shall determine that a housing authority is needed therein for the purpose of the clearance of substandard, decadent or blighted open areas or the provision of housing for families or elderly persons of low income or engaging in a land assembly and redevelopment project, including the preservation, restoration or relocation of historical buildings, it may by vote provide for the organization of such an authority. In determining the need for a housing authority, the city council or the town shall take into consideration the need for relieving congestion of population, the existence of substandard, decadent or blighted open areas or unsanitary or unsafe inhabited dwellings, and the shortage of safe or sanitary dwellings available for families or elderly persons of low income at rentals which they can afford.

Whenever a housing authority determines that there is no further need for its existence, that it has no property to administer, and that all outstanding obligations of the authority have been satisfied, it may by a majority vote of the five members submit the question of its dissolution, in a town, to the voters at an annual town meeting or, in a city, to the municipal officers. If a city or town votes for such dissolution in accordance herewith and the department is satisfied of the existence of the facts required herein it shall so certify to the state secretary and said housing authority shall be dissolved forthwith subject to the applicable provisions of section fifty-one of chapter one hundred and fifty-five.

Notes of Decisions

Cited in 14 cases (2 in the last 5 years), 1970–2026 · leading case: Simmons v. Clerk-Magistrate of the Boston Div. of the Hous. Court Dep't, 448 Mass. 57 (Mass. 2006).

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Simmons v. Clerk-Magistrate of the Boston Div. of the Hous. Court Dep't, 448 Mass. 57 (Mass. 2006). · cites it 2× “The BHA was created pursuant to G. L. c. 121B, § 3, inserted by St. 1969, c.”

Costa v. Fall River Hous. Auth., 881 N.E.2d 800 (Mass. App. Ct. 2008). · cites it 3× “Since the housing authority, organized under G. L. c. 121B, § 3, acted under the color of State law and since the deprivation of the subsidy would affect Costa’s “health, safety, or welfare,” the Housing Court properly exercised subject matter jurisdiction over her Federal civil…”

Rivas v. Chelsea Hous. Auth., 982 N.E.2d 1147 (Mass. 2013). · cites it 2× “The Appeals Court has previously held that because a local housing authority, organized pursuant to G. L. c. 121B, § 3, is not an “agency” within the meaning of G.”

Spence v. Boston Edison Co., 459 N.E.2d 80 (Mass. 1983). “The issue boils down to whether the BHA is entitled to those constitutional protections and whether it is a “person” for the purpose of bringing an action pursuant to § 1983 or G.”

Martinez v. Lynn Hous. Auth., 119 N.E.3d 312 (Mass. App. Ct. 2019). “918 (1976), because it is "a public body politic and corporate," G. L. c. 121B, § 3, or pursuant to the presentment requirements of G.”

Daveiga v. Boston Pub. Health Comm'n, 869 N.E.2d 586 (Mass. 2007). “745, 752 (1948) (housing authorities, which are “bod[les] politic and corporate” under G. L. c. 121B, § 3, “have a genuine existence of their own which is distinct from the existence of the Commonwealth”).”

Boston Hous. Auth. v. Garcia, 871 N.E.2d 1073 (Mass. 2007). “§ 1437d(l) (specifying requirements for leases used by public housing agencies); and G. L. c. 121B, §§ 3, 25-33 (setting forth rules governing housing authorities within Commonwealth, including eligibility for and termination of tenancies).”

Cameron v. Zoning Agent of Bellingham, 260 N.E.2d 143 (Mass. 1970). · cites it 2× “G. L. c. 121B, §§ 3, 4, 5, 6, 11, 13, 14, 16, 25, 26, 27, 29, 30, 31, 32, 33, 37, 38-40).”

Wallerstein v. Bd. of Bar Examiners, 610 N.E.2d 891 (Mass. 1993). “, G. L. c. 121B, §§ 3, 4 (1990 ed.) (housing and redevelopment authorities); G.”

Fairhaven Hous. Auth. v. Commonwealth (Mass. 2023). “, G. L. c. 121B, § 3 (DHCD shall certify dissolution of housing authority), § 5 (DHCD shall appoint one member of each housing authority), § 26 (j) (renovation of existing housing project "shall be undertaken in accordance with rules and regulations promulgated by [DHCD]"), § 26…”

Attorney Gen. v. Mystic Valley Reg'l Charter Sch. (Mass. 2026). “at 607 , citing G. L. c. 121B, § 3; Department of Community Affairs, 378 Mass.”

Harborview Residents'comm. Inc. v. Quincy Hous. Auth., 332 N.E.2d 891 (Mass. 1975). “G.L.c. 121B, §§ 3, 11 ( a ), inserted by St.”

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