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H 1549

An Act providing relief of 40B regulations for municipalities sheltering individuals on behalf of DHCD

194th Legislature (2025-2026) Introduced by Joe McKenna

Provides a five-year safe harbor from Chapter 40B requirements for municipalities ordered to shelter more than 10 homeless individuals.

Accompanied a study order, see H5352 (under House Rule 27)
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Bill Summary · H 1549

Summary: H 1549 — An Act providing relief of 40B regulations for municipalities sheltering individuals on behalf of DHCD

Overview

  • Purpose: Establish a temporary “safe harbor” from certain Chapter 40B requirements for municipalities ordered to shelter homeless individuals by federal or state authorities (including DHCD and related housing agencies). The aim is to facilitate emergency shelter operations without triggering 40B regulatory thresholds or the 10% Subsidized Housing Inventory (SHI) target for a defined period.
  • Core idea: When a municipality is directed to provide an emergency shelter site for homeless populations exceeding 10 individuals, it would receive protection from 40B compliance obligations for at least five years.

Key Provisions

  • New provision: Adds a new Section X to Chapter 40B of the General Laws (as appears in the 2020 Official Edition), placing the following condition at the end of Chapter 40B.
  • Safe harbor eligibility:
    • Trigger: A municipality is ordered by the Federal Government or by the Commonwealth (through DHCD, the Department of Housing, or any other state or federal agency) to provide an emergency shelter site within its borders.
    • Threshold: Shelter populations greater than 10 individuals (i.e., 11 or more).
    • Duration: A period of not less than five years.
  • Regulatory relief: During the safe harbor period, the municipality is relieved from meeting Chapter 40B regulations, including the SHI threshold requirement of 10%.

Affected Parties

  • Primary: Municipalities that are ordered to shelter more than 10 individuals due to emergency housing needs.
  • Responsible authorities: Federal government, Commonwealth agencies (notably DHCD and the Department of Housing), and any other state or federal agency issuing shelter directives.
  • Indirectly affected: Local housing authorities, developers, and planning boards in those municipalities, given the temporary relaxation of 40B requirements.

Procedural and Timeline Aspects

  • Introduction and filing: Introduced February 27, 2025 (House Docket No. 293; House No. 1549), by Rep. Joseph D. McKenna.
  • Legislative actions:
    • 2025-02-27: Referred to the committee on Housing; Senate concurred.
    • 2025-09-04 to 2025-09-17: Hearing dates and locations adjusted (Hearing rescheduled to 09/17/2025 with updated times/locations).
  • Related measures:
    • Similar matter previously filed as House Bill 1353 in the 2023-2024 session.
    • Related: HD 293 (replaces the current action).
  • Status: Hearing set for 09/17/2025; status indicates ongoing consideration in the 2025-2026 legislative session (One Hundred Ninety-Fourth General Court).

Potential Impact and Considerations

  • Policy impact: Provides a mechanism to accelerate emergency shelter responses without triggering 40B constraints for a minimum five-year window.
  • Housing stock implications: Temporarily reduces pressure to expand affordable housing stock under 40B during the safe harbor period, which could influence long-term SHI calculations and local housing planning.
  • Conditionality: The relief applies only when an authoritative order mandates sheltering; does not specify broader applicability beyond emergency shelter contexts.
  • Post-period: The bill text specifies a period of “not less than five years” but does not clearly define whether protections auto-expire after five years or could be extended. Further amendments may define renewal or sunset processes.

What to Watch

  • Final passage and any amendments clarifying:
    • Whether safe harbor could be extended or made permanent.
    • Any related qualifying criteria or reporting requirements for municipalities.
    • Potential interplay with other housing affordability statutes and zoning authorities.
  • Implementation details in associated regulations or DHCD guidance if enacted.

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

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