Affordable Home Ownership Resources

Information for Owners of Deed-Restricted Properties in Hingham, MA

Owning a deed-restricted affordable home in Hingham is both an opportunity and a responsibility. These homes help ensure that families of varying income levels can continue to live in our community.

This page explains:

  • What your deed restriction means
  • Your responsibilities as a homeowner
  • Annual recertification requirements
  • Steps to take if you plan to refinance or sell
  • Where to find forms and support

If you ever have questions about your deed, the Land Use and Development Department is here to help.

Why Deed Restrictions Matter

Affordable housing deed restrictions ensure that homes remain affordable for future income-eligible buyers. These restrictions support the mission of the Hingham Affordable Housing Trust, which works to:

  • Preserve long-term affordability
  • Develop housing that reflects the character of Hingham
  • Promote a diverse and inclusive community

A deed restriction “runs with the land,” meaning it remains in effect even when ownership changes.

What Your Deed Restriction Typically Includes

While each deed is unique, most affordable housing restrictions include::

  • Income eligibility requirements for future buyers
  • A maximum resale price formula
  • Owner-occupancy requirements (primary residence)
  • Refinancing limitations
  • Rental or subletting restrictions
  • Procedures for selling or transferring ownership
  • Approval requirements for certain improvements

These provisions protect long-term affordability while allowing owners to build equity within program guidelines.

Your Responsibilities as a Deed-Restricted Homeowner

As an owner, you agree to follow the terms of your recorded deed restriction.

Primary Residence Requirement

Your home must be your year-round, principal residence. Most deed restrictions prohibit:

  • Renting without written approval
  • Use as a second home
  • Short-term rentals

Property Maintenance

You are responsible for maintaining your home in safe, good condition in accordance with local codes and, if applicable, condominium or home owners association rules.

Annual Owner Recertification (If Applicable)

If the Town of Hingham serves as the monitoring agent for your property, you are required to complete annual recertification. See the full section below for details.

Refinancing Approval

Deed restrictions usually require:

  • Prior written approval before refinancing
  • Review of loan terms
  • Limits on total borrowing

Always contact the Land Use and Development Department and/or your monitoring agent before signing refinancing documents.

Sale Notification

Before listing your home, you must notify the Town or designated monitoring agent.

Improvements and Additions

Some improvements may:

  • Require prior approval
  • Not increase your maximum resale price
  • Be excluded from the resale formula

Always confirm before beginning major renovations.

If you are unsure whether an action is permitted, contact the Land Use and Development Department before proceeding.

Annual Owner Recertification (Required for Certain Properties)

For properties where the Town of Hingham serves as the monitoring agent, the Commonwealth requires annual owner recertification.

This process ensures that:

  • The home remains your primary residence
  • You are in compliance with your deed restriction
  • The property continues to qualify as affordable housing under state guidelines

Annual monitoring helps the Town maintain compliance with reporting requirements established by the Massachusetts Executive Office of Housing and Livable Communities and ensures the unit remains eligible for inclusion on the Town’s Subsidized Housing Inventory.

What You May Be Required to Submit

Each year, owners may be required to:

  • Complete an Owner Certification Form
  • Confirm primary residency
  • Provide updated contact information
  • Submit supporting documentation if requested

The Land Use and Development Department will notify owners when recertification is due and provide submission instructions.

Failure to return required documentation may result in a finding of noncompliance and could affect the property's affordability status.

If you are unsure whether your property is subject to annual recertification, please contact the Land Use and Development Department.

Selling Your Deed-Restricted Home

Selling an affordable home involves additional steps to preserve affordability for the next eligible buyer.

Before listing your home:

Step 1: Read Your Deed Restriction

Make sure you're familiar with what is says.

Step 2: Notify the Town's Land Use and Development Department

Submit written notice of your intent to sell.

Step 3: Request a Maximum Resale Price

The Town or monitoring agent will calculate your maximum allowable resale price based on the formula in your deed.

Step 4: Follow Marketing Requirements

You may be required to:

  • Advertise through approved channels
  • Participate in a buyer selection process
  • Allow the Town a review period

Step 5: Verify Buyer Eligibility

The selected buyer must:

  • Meet income eligibility requirements
  • Complete required application and certification processes

Early communication helps ensure a smooth and timely transaction.

Refinancing or Making Improvements

Before refinancing or undertaking major work, contact the Land Use and Development Department.

Refinancing

Your deed may:

  • Limit total borrowing
  • Prohibit cash-out refinancing
  • Require review of loan terms

Do not close on a new loan before receiving confirmation of compliance.

Home Improvements

Cosmetic improvements are generally permitted. However:

  • Structural changes typically require approval
  • Additions may be restricted
  • Not all improvements increase resale value

Contact the Land Use and Development Department and/or your monitoring agent before construction begins.

For more information, refer to: Thinking about Upgrading or Expanding Your Deed‑Restricted Home?

Renting or Temporary Absence

Most deed restrictions prohibit renting the home.

Limited temporary exceptions may be considered in cases such as:

  • Military deployment
  • Medical hardship
  • Temporary job relocation

Written approval is required in advance. Unauthorized rental may result in noncompliance.

State and Regional Housing Resources

The following organizations provide additional information about affordable housing programs in Massachusetts:

  1. Jennifer Oram

    Zoning Administrator

  2. Donna Thompson

    Land Use and Development