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 Housing

Production Plan and certification targets can be found on DHCD’s website at http://www.mass.gov/

hed/community/40b-plan/.