According to NixonPeabody, the Massachusetts Department of Housing and Community Development (DHCD) is updating the state’s Chapter 40T preservation program regulations to better reflect current agency practices. A draft of the changes is expected to be released for public comment in January 2016.

Jeffrey Sacks, Christina Ricotta, and Courtney Thomas wrote in a recent post to NixonPeabody’s Affordable Housing Blog that they understand the proposed changes to include:

  • establishing minimum expectations regarding affordability restrictions in order to qualify for an exemption on the basis of preserving affordability under 40T § 6(a)(iv);
  • providing local legal service organizations with additional information;
  • authorizing DCHD to file and rescind notices of noncompliance with regard to owners of publicly-assisted housing;
  • altering the information that is required to be included in notices to tenants; and
  • placing time limits on the effective date of certain notices and certificates.

These efforts are a result of an executive order from Governor Baker to reduce unnecessary regulatory burdens.