CHAPA Submits Comments on Proposed 40B Regulatory Changes

In December, the Executive Office of Housing and Livable Communities (EOHLC) extended the deadline to submit public comments on proposed regulatory changes to Chapter 40B, Massachusetts' affordable housing law.  Since its enactment, 40B has been one of the most effective tools for creating affordable housing in the Commonwealth, allowing developers to bypass local zoning restrictions in municipalities that have not reached a minimum threshold of affordable homes in their community.  

The proposed regulatory changes would eliminate the interlocutory period during which municipalities can claim safe harbor from 40B.  It would also direct EOHLC to create a General Land Area Minimum (GLAM) Inventory to provide clear information to developers, municipalities, and residents.  Although CHAPA appreciates the attempt by EOHLC to streamline the 40B process, we are concerned that there may be unintended negative consequences for municipalities and for developers.  

On January 31, CHAPA submitted written feedback to EOHLC on the proposed regulations.  We hope that EOHLC will take the issues raised in our letter into account when the regulations are finalized.