Posted by ED on July 13, 2007, 1:19 am PATRICK ADMINISTRATION PLANNING 40B REVISIONS By Jim O’Sullivan STATE HOUSE, BOSTON, JULY 11, 2007….The Patrick administration is considering a revamp the state law that prods municipalities to build affordable housing, stripping from developers the right to choose who audits their projects and tinkering with affordability thresholds to build “workforce housing.” “There is an effort underway to look at all aspects of 40B,” housing undersecretary Tina Brooks told a group of municipal officials Tuesday. “It’s been around for 40 years.” Hoping to build local confidence in the Chapter 40B statute, which pushes cities and towns to meet affordable housing standards by reducing local zoning and approval restrictions, Patrick’s housing aides are planning to reform the cost-certification process by transferring authori ty for appointing outside auditors from developers to municipalities and the state. “There’s nothing the developer would have to fear, because he spent what he spent,” she said, adding, “It’s a way of putting more confidence in the system, and more transparency.” Under 40B, also known as the comprehensive permit law, rules call for roughly 25 percent of units to meet affordability thresholds, leaving the rest at market rates. Brooks wants a second tier added for “workforce housing,” setting aside 15 percent of the units for families earning between 80 and 120 percent of median income. Brooks said she would submit recommendations to Patrick and Housing and Economic Development Secretary Daniel O’Connell by early August. She said most of the changes could be made through Department of Housing and Community Development regulations, rather than legislation. “We have not yet made a recommendation to Dan O’Connell and the governor, so we have not made decis ions,” Brooks said during a telephone interview. “This is not a committed stance going forward, but we’re trying to incorporate some fresh ideas.” The goal of the law is for every city and town to provide a minimum of 10 percent of their housing inventory as affordable, a standard that’s been met by only 47 of 351 cities and towns. Chapter 40B has proved politically sticky, with many cities and towns resentful of its mandates, but proponents insistent that it provides the state with one of its few tools for spurring affordable housing. A February report by state Inspector General Gregory Sullivan found that developers of five 40B projects had hidden almost $4 million in profits by falsifying their accounts. Beacon Hill has offered municipalities financial incentives for different kinds of high-density developments. But affordable housing efforts for years have run up against home rule and citizens groups who resist new developments. Aaron Gornstein, executive director of the Citizens’ Housing and Planning Association, said a retooled cost-certification process is needed, but cautioned that the new affordability tier might not be attractive to developers. “You’d have to weigh that against whether that would be … economically feasible to accomplish,” he said Wednesday. “It will mean, in many cases for that to be done, you either will need some subsidy to write down the cost of the development or additional density on the site … And the difficulty of that is there’s always pressure to reduce density on 40B sites,” Gornstein said. At Tuesday’s meeting of the Local Government Advisory Council, Jerry Wasserman, an LGAC member and Needham selectman, also told Lt. Gov. Timothy Murray that the administration should take a broader view of municipal financing mechanisms than its Municipal Partnership Act, portions of which the Legislature has adopted while rejecting most of the revenue-side provisions. Murray said the Legislature still could adopt a plan to eliminate a property tax exemption for telecommunications companies. “I think we have to keep in mind that this is one element of a bigger picture,” Wasserman said. To highlight the fiscal burdens facing cities and towns, Wasserman said that 66 communities have scheduled override votes. With 60 of those held already, only 42 percent have passed, representing $30 million of the total $100 million proposed. “It’s an indication of a resistance that we’re getting” to efforts by municipal officials to balance their budgets with property tax hikes, Wasserman said. Brooks said she is unaware of previous probes of the law on the level the administration intends: “I don’t know that there’s ever been an exhaustive review.” Robert Buckley, a real estate lawyer, defended 40B, saying abuse has been limited and calling the law “the only piece of legislation to date that’s been successful in promoting affordable housing. ” “I think they’re looking to tighten it up and look at the effectiveness of what 40B has done to date … I don’t think there’s anything earth-shattering beyond the tightening up of the monitoring factors,” Buckley said. Brooks said the state was seeking proposals for a market analysis, calling the results “a cornerstone to a lot of our work going forward.” Brooks said her department is developing a draft proposals request, and hopes to use the analysis to pursue locally tailored housing strategies. “I can’t make blanket decisions without the facts about what the market needs are,” she told the News Service Wednesday. - END Need background about policy issues and the history of current news stories? http://www.issuesource.org http://www.statehousenews.com
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Notice who makes what statements, I wonder what they do for a living?
Aaron Gornstein Banker and Tradesman "Man of the Year" from CHAPA is the man who has been the spreading this 40b disease for years. Where he lives it does not affect him.
I will never believe anbody in their right minds could call what has been happening "Affordable Housing!"
At least we can be proud to say Rep Greene is one of the sponsers to reform this distruction of Town Infrastructures. We should not forget Rep. Hargraves either.
STATE HOUSE NEWS SERVICE
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