SEB Housing

  Once it has an approved Housing Production Plan, the community that meets an annual (or a biennial) target for creating new low- or moderate-income units becomes eligible for a certification of compliance from DHCD. During the certification period, the ZBA may deny a comprehensive permit and its decision will not be overturned by the HAC. (Housing Production Plan certification is one of several “safe harbor” provisions in DHCD’s Chapter 40B regulations. See Chapter 4, Safe Harbors for more information.) The housing production targets are based on the number of year-round units reported in the community’s most recent decennial census. The minimum threshold for a one-year certification is new low- or moderate-income units equal to 0.5 percent of the community’s year-round housing; for a two-year certification, it is 1 percent. The units must have been created within the same calendar year as the date of the community’s certification request to DHCD. More information about the Housi...

  However, the HAC’s discretion to overturn local decisions applies only to cases involving a city or town that has not met its regional fair share obligations under the statute. If the city or town meets one of the statutory minima, the HAC is required to uphold the decision as “consistent with local needs.” For more details, please contact our top 40B Compliance Agents at 617-782-2300.