Chapter 40B

Chapter 40B, also known as the Comprehensive Permit Law, was enacted in 1969 to help expand the number of communities and neighborhoods where households with low and moderate incomes could secure a safe and affordable home.  The law helps reduce barriers to production created by local approval processes, local zoning, and other restrictions.  In 2010, 58% of voters in Massachusetts overwhelmingly supported keeping Chapter 40B as a tool for providing affordable homes for people of all ages.


CHAPA serves as the Monitoring Agent for 152 homeownership and 19 rental 40B developments across Massachusetts. To see which developments we monitor please refer to the list below under “Current 40B Homeowners and Tenants”.


To review policy information and guidelines on Chapter 40B please refer to the “Chapter 40B Policy & Publications” section below.


Current 40B Homeowners and Tenants

-Refer to this list to check if your unit is monitored by CHAPA. If you do not see your Development listed and do not know your Monitoring Agent you can refer to your Deed rider if you are in a homeownership unit or contact your Town's planning office directly. 
-Please review the steps outlined in the above document on how to start the resale process of your 40B unit. For questions please contact David Gasser. In your email please be sure to include your name, address and condo fee if any when inquiring about your resale price.
-Please review the steps outlined in the above document on how to start the refinance process of you 40B unit. For questions please contact David Gasser. In your email please be sure to include your name, address and condo fee if any when inquiring about your refinance approval.
- Review the above policy prior to inquiring about a capital improvement made on your 40B home. For questions please contact Maritza Crossen
-The Deed Rider on a 40B unit outlines several restrictions for the homeowner. Please refer to the 40B General Deed Restrictions document for more information. For questions on Deed restrictions please contact Carol Marine
CHAPA Policy on Transfer of a Unit to a Trust
-A Trust is a legal entity, not an individual or household, and therefore according to the Affordable Deed Rider it is not an eligible purchaser. This prohibits units from  being transferred to a trust. For questions please refer to the CHAPA Trust Policy or contact Maritza Crossen.


-Chapter 40B Deed restrictions require 40B units to be occupied and used by the Owner’s household exclusively as his, her or their principal residence. Any use of the Property or activity thereon which is inconsistent with such exclusive residential use is expressly prohibited. Refer to the Residency Requirement document and your Deed Rider for more information. 


Where to Find a Copy of Your Deed Rider
-Most Registries will allow you to either print the Deed Rider directly from the Registry of Deeds website for free or for a small fee. You may also obtain a copy by requesting it in person at your local Town Hall. 

Foreclosure Assistance
- For general information on foreclosures or to review the list of foreclosure counseling agencies in Massachusetts. If you live in a 40B unit monitored by CHAPA and are at risk of foreclosure please contact Carol Marine. 

Healthy Condominium Toolkit
-Created by the Community Enterprise Project of the Transactional Law Clinics. The purpose of this toolkit is to explain how to operate a “healthy” condominium association and why
it is important to operate in such a manner. 

Potential 40B Homeowners

Do I Qualify for a 40B Unit?
-Each unit can vary on income and asset requirements due to several factors. This document outlines the basic qualification criteria one must meet to be eligible for an affordable homeownership or rental unit. 

Available 40B Homeownership Units
- Search MassAccess for available new and resale 40B units. Each unit uses a separate application and contact person, please be sure to read the listing fully to ensure you are contacting the correct listing agent.  

-The homebuyer education schedule contains pre-purchase and post-purchase courses for first-time homebuyers offered by agencies with a Seal of Approval certification from the Massachusetts Homeownership Collaborative, a designation indicating they meet the Collaborative's standards for comprehensive homebuyer education. The courses are listed on the calendar by the first day of the course.
-The homebuyer counseling agencies on this list provide educational workshops and counseling to individuals and families interested in buying a home. These organizations have been awarded a "collaborative seal of approval", a designation by the Massachusetts Homeownership Collaborative indicating they meet the Collaborative's standards for comprehensive homebuyer education.
-Income limits are posted by HUD annually and are used as the base to qualify income eligible buyers and renters for 40B units. Use the tools on the website to select the appropriate state and town to view the income limits for that area. 
-My Mass Mortgage is your guide for finding affordable state-sponsored mortgage products available to low and moderate income buyers in Massachusetts. 



Chapter 40B Policy & Publications

-Updated in 2014
-Updated by DHCD December 2014
-Used to measure a community's stock of low-or moderate-income housing for the purposes of M.G.L. Chapter 40B, the Comprehensive Permit Law.
-The “Local 40B Review and Decision Guidelines”, published in 2005 by the Massachusetts Housing Partnership (MHP), was the first practical guide for zoning boards of appeals. In 2008, the Department of Housing and Community Development (DHCD) revised Ch. 40B regulations and created state guidelines for Chapter 40B projects. DHCD’s guidelines were revised again in 2012 and 2014. This second edition updates the original publication and incorporates DHCD’s regulation and guideline changes. 
-Report written by Rachel Bratt, Department of Urban and Environmental Policy and Planning, Tufts University. February 10, 2012
- ZBA 40B Training Published October 1, 2011
- Report by Tufts University Department of Urban and Environmental Policy and Planning Graduate Students. May 2009 
-Click here to search archived 40B reports by date and/or title. 

Chapter 40B Training Materials