Housing Advisory: HAC Rules that Town Can Claim Chapter 40B Planned Production Safe Harbor as of Date It Grants Permit, Not Date of DHCD Certification

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In its first decision addressing the commencement date of the one-year “planned production” safe harbor, the Housing Appeals Committee (HAC) has ruled that the Town of Bourne could rely on the safe harbor provision to block a proposed Chapter 40B development, despite the fact that Bourne had not yet asked the Department of Housing and Community Development (DHCD) to certify its compliance with the Town’s Housing Production Plan. The HAC decision reversed a determination by DHCD that Bourne could not rely on the safe harbor provision because it delayed its certification request to DHCD.

Please see full advisory for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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