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HD 293

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

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

Creates a temporary 40B safe harbor for municipalities ordered to shelter more than 10 homeless people, shielding SHI targets for at least five years.

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Bill Summary · HD 293

Summary of HD 293: An Act Providing Relief of 40B Regulations for Municipalities Shelter­ing Individuals on Behalf of DHCD

Purpose

This bill seeks to provide temporary regulatory relief from Massachusetts Chapter 40B requirements for municipalities that are ordered to shelter homeless individuals by federal or state housing authorities (including DHCD). The relief would apply for a minimum period of five years once such shelter operations are mandated.

Key Provisions

  • New provision added to Chapter 40B: The bill proposes adding a new Section X to Chapter 40B (as it appears in the 2020 Official Edition) to codify the relief.
  • Safe harbor trigger: A municipality that is ordered by the federal government or by a state agency (including DHCD or other agencies) to provide an emergency shelter site for homeless populations of more than 10 individuals within its borders would receive safe harbor from Chapter 40B requirements.
  • Scope of relief: The safe harbor would cover the requirements related to Chapter 40B, including the Subsidized Housing Inventory (SHI) threshold, which currently stands at 10%.
  • Duration: The safe harbor would last for a period of not less than five years.

Who Would Be Affected

  • Primary beneficiaries: Municipalities ordered to shelter more than 10 individuals in emergency shelters by federal or state authorities.
  • Other stakeholders: State and federal housing agencies (e.g., DHCD), housing developers, local residents, and property owners within affected municipalities.

Implications and Impact

  • Operational flexibility: Municipalities could operate emergency shelters without needing to meet 40B SHI targets for at least five years, potentially accelerating and simplifying shelter provision in emergencies.
  • Housing supply considerations: By delaying or exempting 40B SHI obligations, there could be a temporary impact on local housing inventory calculations for the SHI, possibly reducing pressure to add affordable units within the five-year window.
  • Policy balance: The bill aims to enhance emergency response capacity while limiting long-term changes to Chapter 40B requirements.

Procedural and Timeline Aspects

  • Sponsor and filing: Filed by Representative Joseph D. McKenna (Sutton) as House Petition No. 293.
  • Session context: Appears in the 2025-2026 legislative session; related prior measure discussed in the 2023-2024 session (House No. 1353).
  • Status: The provided information notes the bill as a proposed measure, with details on introduction but no final status as of the provided date.

Notes

  • The bill would create a targeted exception rather than a broad change to 40B policy, applying only when emergency shelter orders are in place for more than 10 people.
  • The five-year minimum is specified; language suggests potential for extension could be added through future amendments.

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

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