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H 2356

An Act incentivizing inclusionary zoning

194th Legislature (2025-2026) Introduced by Chris Worrell

Municipalities could require up to 13% affordable units in new developments, tied to a density bonus for developers and safeguards to avoid blocking housing production.

Bill reported favorably by committee and referred to the committee on House Ways and Means
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Bill Summary · H 2356

Summary: H.2356 An Act Incentivizing Inclusionary Zoning

Overview

H.2356, introduced February 27, 2025 by Representative Christopher J. Worrell (5th Suffolk), proposes an amendment to Chapter 40A of the Massachusetts General Laws to expressly authorize inclusionary zoning (IZ) provisions that set a cap on affordable units and require developers to receive a density bonus. The bill was reported favorably by committee and referred to the House Ways and Means Committee. The accompanying bill form indicates the purpose is to incentivize inclusionary zoning with specific conditions to protect housing production.

Purpose and Intent

  • Create and authorize inclusionary zoning ordinances/by-lows at the municipal level that require affordable housing in new developments.
  • Ensure IZ provisions do not unduly constrain overall housing production.
  • Tie IZ to a density bonus to incentivize developers.
  • Allow the Executive Office of Housing and Livable Communities (EOHLC) to issue guidelines or regulations to implement the provision.

Key Provisions

  • Amends Section 5 of Chapter 40A (as of 2022 edition) by adding a new paragraph (5).
  • Inclusionary zoning ordinance/by-law permitted to require:
    • Not more than 13 percent of units to be affordable.
    • The IZ rules must not unduly constrain housing production in the impacted area.
    • The IZ ordinance/by-law must provide a density bonus for developers (i.e., higher allowable density in exchange for including affordable units).
  • EOHLC may issue guidelines or promulgate regulations consistent with this new paragraph.

Affected Parties and Impacts

  • Municipalities and regional government bodies: empowered to adopt IZ ordinances/by-laws meeting these criteria.
  • Developers and builders: eligible for density bonuses when including affordable units as required by the IZ provisions.
  • Affordable housing policy: seeks to increase the supply of affordable units within market-rate development while maintaining feasible development timelines and rates.
  • General public/households: potential for increased affordable units in new housing projects, subject to local IZ adoption and density bonus criteria.

Implementation and Timeline

  • Status: Reported favorably by committee and referred to the House Ways and Means Committee; Senate concurrence noted in legislative actions, with hearings scheduled in mid- to late-2025.
  • Effective date: Not specified in the provided text; this would follow passage and any necessary regulatory adoption by the EO HLC.
  • Regulations/guidance: EOHL C is authorized to issue guidelines or regulations to implement the new paragraph.

Related and Contextual Notes

  • Related Bill: HD 3184 (replaces) referenced in connection with this measure.
  • Sponsor: Representative Christopher J. Worrell (primary).
  • This bill is positioned within the 194th General Court (2025-2026).

Bottom Line

H.2356 would formally authorize municipalities to implement inclusionary zoning with a cap of 13% affordable units, contingent on a density bonus for developers and protections to avoid unduly constraining housing production. It entrusts the EO HLC with issuing implementing guidelines or regulations to operationalize these IZ provisions. The measure moves through committee favorably and toward fiscal and Ways and Means consideration.

Compiled from official sources — confirm details with the bill’s official record.

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