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Massachusetts Comprehensive Permit Act: Chapter 40B : ウィキペディア英語版
Massachusetts Comprehensive Permit Act: Chapter 40B
The Comprehensive Permit Act〔See ''Town of Hingham v. Dept. of Housing and Community Development'', 451 Mass. 501, 502 (2008).〕 is a Massachusetts law which allows developers of affordable housing to override certain aspects of municipal zoning bylaws and other requirements. It consists of Massachusetts General Laws (M.G.L.) Chapter 40B, Sections 20 through 23, along with associated regulations issued and administered by the Massachusetts Department of Housing and Community Development.〔Massachusetts General Laws (M.G.L.) Chapter 40B, §§ 20-23. Originally enacted via the statutes of 1969, chapter 774.〕〔(Code of Massachusetts Regulations 760 CMR 56 )〕 Chapter 40B was enacted in 1969 to address the shortage of affordable housing statewide by reducing barriers created by local municipal building permit approval processes, local zoning, and other restrictions. Its goal is to encourage the production of affordable housing in all communities throughout the Commonwealth.
For the purposes of this statute, affordable housing is defined as a unit which could be purchased or rented by a household making up to 80% of the median income of the area. Such housing must be subject to affordable housing restrictions to preserve affordability in the long term.
== Comprehensive permitting process ==

Under Chapter 40B, in any municipality where less than 10% of its housing qualifies as affordable under the law, a developer can build more densely than the municipal zoning bylaws would permit, allowing more units per acre of land when building a new development, if at least 25% (or 20% in certain cases〔If the affordable units are rented or sold so as to be affordable to households with income not exceeding 50% of the area’s median income—instead of the normal 80%--only 20% of the units in the development must be affordable. See, e.g., (‘’Webster Street Green, LLC v. Needham,’’ No. 05-20, slip op. at 2 (Mass. Housing Appeals Committee Sep. 18, 2007) ).〕) of the new units have long-term affordability restrictions.
Chapter 40B continues to be controversial and it has not overcome the multiple barriers that exist to building affordable housing in the state. A study by the National Low Income Housing Coalition rated Massachusetts as being the least affordable state in which to rent an apartment in 2003.〔

Despite the law, fewer new affordable housing units are built in Massachusetts compared to the state's needs. The state government as a policy works toward increasing the supply of inexpensive housing. The shortage contributes to sprawl as workers move further away from jobs in order obtain affordably priced houses. The high price of housing is one reason that young adults move away from Massachusetts.
However, some municipalities resist the permitting and building more housing, because the cost of the services demanded by the new occupants with children, largely for education, is greater than the taxes received for the housing unit.
Municipalities have occasionally attempted to gain "affordable" classification for existing inexpensive housing units which are not deed restricted to maintain the long-term future affordable status of the units. Some municipalities have requested that mobile homes be allowed, but this has been denied. Others attempted to include prisons and school dormitories to little avail.
The law permits developers to override local zoning regulations to build apartment developments in areas zoned for single family homes, or area zoned for other purposes. A potential long-term effect is one of increasing housing density in the outer suburban ring of Boston without the infrastructure to make such development sustainable or desirable.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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