Chapter 40T - Guidance

This page provides guidance on how to comply with Chapter 40T.

Chapter 40T was enacted in November 2009. It is designed to preserve the stock of affordable housing in Massachusetts that is at risk of loss due to expiring affordability restrictions, and to protect tenants in these developments from displacement. Chapter 40T applies only to housing assisted under specific federal and state programs identified in the statute. It includes three key components:

1. Required notices when affordability restrictions terminate;
2. Tenant protection provisions; and
3. An opportunity for EOHLC to make and/or match a purchase offer when a Chapter 40T-covered property is offered for sale.

Please find program guidance below: 

Alert - Electronic Copies Required

Due to limited in-person availability at 100 Cambridge Street, EOHLC will require an electronic copy of any notice required under G.L. c. 40T to be emailed to Attorney Caitlin Loftus at [e-mail], in addition to the service method and procedure required by statute or regulation, until further notice.

What you need to know

Forms

40T Exemption Request Instructions and Form

Prequalification of Designees

EOHLC has issued a request for responses for parties interested in being considered a "Designee" to assume the agency's rights and responsibilities in undertaking the purchase and ownership of properties pursuant to MGL c.40T. 

EOHLC is accepting responses to the RFR on a rolling basis; there is no deadline for submission.

Revised Guidelines for Selection of Designees, effective February 28, 2017

Legal Services Contacts

Legal Services Contacts for Notices

MBE/WBE Participation

MBE/WBE Training Session

Access and Opportunity Network 40T Toolbox

General Laws Chapter 40T

GL c 40T

Final Regulation, effective August 26, 2016

Publicly-Assisted Affordable Housing Preservation Program, Final Regulation effective August 26, 2016, Final Regulation, effective 08-26-16

Guidance for 760 CRM 64.00. Effective June 3, 2016

Guidance on Advisory Opinions

Guidance on Certificates of Compliance

Guidance on Certificates of Exemption

Guidance on Definitions

Guidance on Notices

Guidance on Sale by Owner

Model Curative Equivalent Affordability Agreement