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40B consultant SHI

The conditions section of the permit is usually divided into four parts: conditions that address

basic legal requirements (e.g., the identity of the applicant and holder of the permit, the number

and percentage of low-income units, the duration of the deed restriction, titles and dates of the

plans that comprise the approved plans under the permit, etc.), conditions that must be met prior

to issuance of a building permit, conditions that must be met prior to issuance of a certificate of

occupancy, and general conditions. The developer should send a draft of the conditions to the subsidizing agency for review before they are finalized.


In addition, the ZBA’s decision should provide for ongoing monitoring of the development once the Subsidizing Agency’s monitoring role has ended. Conditions that address future monitoring and the applicant’s responsibility (if any) will help to ensure that affordable units remain affordable and eligible for the SHI.