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40B regulations

To resolve these disputes and establish clearer standards for pro forma review, DHCD has updated the Chapter 40B regulations by adding more specific definitions for “uneconomic” and related terms such as “return on total cost” and “net operating income.” DHCD has also issued administrative guidance. The issue of whether conditions make a project uneconomic will only be considered if the developer appeals the ZBA’s approval of a permit with conditions. Subsidized Housing Inventory The Chapter 40B SHI is DHCD’s list of low- or moderate-income housing units in each city and town. It can be found on the DHCD website. In rental developments meeting certain thresholds of affordability, the SHI includes the market-rate units as well as the affordable units. Most towns have some types of modestly priced housing, such as small, post-war single-family homes, multi-family units, apartments with low monthly rents, or summer cottages converted for year-round occupancy. These units stay affordable as long as the market will allow. However, affordable units created under Chapter 40B remain affordable to low- or moderate-income households even when