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Rep. Eldridge Files Legislation to Reform Chapter 40B Law

James Eldridge (D-Acton) will file legislation that would reform Chapter 40B, the one of the state’s affordable housing laws.

 

BOSTON – Representative James Eldridge (D-Acton) will file legislation that would reform Chapter 40B, the one of the state’s affordable housing laws.  In light of the recent failure of a citizens’ petition to repeal Chapter 40B, Representative Eldridge has filed the bill seeking a compromise between opponents and advocates of the law.

“As a former Legal Aid attorney, former member of the Acton Housing Authority and current member of the Board of Directors of Habitat for Humanity North Central Massachusetts, I am a strong supporter of affordable housing and recognize that if a compromise is not reached on the state’s most prominent affordable housing law, future efforts to repeal Chapter 40B will only continue,” said Representative Eldridge.  “This bill will ensure that affordable housing continues to be built across the Commonwealth in every town and city, while also helping communities reach their 10 % affordable housing goal more reasonably, therefore better protecting the community character of towns and cities”

An Act Relative to Affordable Housing and Community Planning would make sensible reforms to the state’s affordable housing law, reflected in the fact that bill encompasses changes that already passed the House of Representatives in the 2003-2004 legislative session.  The major components of the bill include: 1) Counting 50% of the homeowner units in a 40B development as being eligible to be included toward a city or town’s affordable housing threshold. Currently only 25% of the units are counted as affordable. This component would place 40B homeowner developments in line with 40B rental developments, in which 100% of the units are counted as affordable; 2) Counting mobile homes, with income restrictions, toward a city or town’s affordable housing threshold; and 3) Exempting municipalities from Chapter 40B developments if a community increases affordable housing production by .5 percent in a year.

“Given the need for more affordable housing in the Commonwealth of Massachusetts, the concerns of many citizens over the impact of Chapter 40B on the character of their communities, and the powerful interests involved, it is my hope that this bill will serve as a substantive and political compromise over this much-debated law,” said Representative Eldridge.  “While I am hopeful that Massachusetts citizens concerned with Chapter 40B will embrace this bill, I also challenge them, and all residents of communities that do not have enough affordable housing, to take action to build more affordable housing in their hometowns.  Supporting the construction of non-40B affordable housing in towns and cities is a critical piece of convincing the Legislature and Governor Patrick to embrace reform of Chapter 40B.”