1. 40B Past, Present and Future UPDATES ON THE COMPREHENSIVE PERMIT GUIDELINES AND REGULATIONS September 28, 2012

2. REGULATIONS  56.02 - Reasonable Return: Response to the SJC decision in Woburn “…when one or more conditions imposed by the Board decrease the total number of units in a Project, if those conditions do not address a valid …Local Concern, then the amount [of return] as calculated prior to the imposition of such conditions shall be the minimum…” September 28, 2012

3. GUIDELINES  Explicitly addresses “Assisted Living Facilities” Definition – certified by EOEA Treated as Rental – 30% of Income standard plus an allowance for meals ? Should we adopt LIHTC approach? September 28, 2012

4. GUIDELINES  HPP – Effective Date As of the date that DHCD approves the HPP instead of the date of the submission  Recent Progress “If the previous municipal action is of a character…the action will be given weight…” Must include housing available for families with children of which at least 10% must be 3 BRs September 28, 2012

5. GUIDELINES  Limited Dividend Entities – treatment of NPO, Government Entity Affiliates Wholly owned v. multiple members Subsidizing Agency determination NPOs/Government Entities must submit a cost cert in a form approved by the Subsidizing Agency September 28, 2012

6. GUIDELINES  Design Removed the numerical density guidelines BUT No “rule of thumb” Chapter 40B Design Principals Handbook – DHCD or MHP websites September 28, 2012

7. GUIDELINES  Affirmative Fair Housing Marketing and Resident Selection Plan Criminal Record Checks (CORIs) – if used, must be approved by the SA and conform to DHCD model policy Prohibition on Language that Indicates Limitations or references includes “Active Adult Community”, “Empty Nester” September 28, 2012

8. AFHMP, cont’d No first come, first serve except, after an initial lottery in cases where the initial marketing has not attracted enough purchasers/tenants Rental - Re-opening of wait lists/re-marketing – new households must be added to a wait list in a random manner September 28, 2012

9. www.mass/gov/eohed www.mass/gov/eohed DHCD….Legal Resources September 28, 2012