Why are these bylaws weak?? DENSITY rears its ugly head again; the suburbs want single family homes on decent sized lots; sure, you can cluster, they say, but only by providing the same number of units as allowed by right. It doesn’t work. So, if we are going to be serious about addressing our housing needs, and if 40B is not viewed as a “friendly” tool, then make the inclusionary bylaws work. Click the link to read the full article or contact us at 617-782-2300.
The guidelines state that household income is defined by HUD at 24 C.F.R. 5.609. HUD’s definition is not 100% applicable to 40B as it allows for homeownership and also imputes income from assets that are part of an active business which is asset exclusion in these guidelines. Additionally, in this section you updated the time period that an applicant cannot divest him/herself of an asset for less than full and fair cash value to 2 years. Click the link to read the full article or contact us at 617-782-2300.
However, the HAC’s discretion to overturn local decisions applies only to cases involving a city or town that has not met its regional fair share obligations under the statute. If the city or town meets one of the statutory minima, the HAC is required to uphold the decision as “consistent with local needs.” For more details, please contact our top 40B Compliance Consultants at 617-782-2300.