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Affordable Housing Agent 40B

The ZBA may ask a developer to consider other types of conditions, e.g., that tenant selection will be subject to a local preference policy, but whether local preference is allowed at all in a project will be subject to the Subsidizing Agency’s review and approval, taking into account Fair Housing requirements. Moreover, DHCD’s Chapter 40B Guidelines place the burden on the city or town – not on the developer – to document the need for local preference.