SECTION 1. Section 3 of Chapter 23B of the General Laws is hereby amended by adding the following subsection:-
(w) the department of housing and community development shall designate qualifying senior housing as either rental housing or home ownership housing. Said designation shall be based solely on a factual determination of whether title passes to the resident of the development. If title does not pass to the resident, the development shall be designated as rental housing. If title passes to the resident of the development, the development shall be designated as home ownership housing. For purposes of determining whether a project is consistent with local needs, as provided in section 20 of chapter 40B, the department shall credit a city or town with the appropriate number of affordable housing units based on its designation as either rental housing or home ownership housing.
SECTION 2. The department shall promulgate regulations in order to implement the provisions of this act.
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