Ongoing Obligations; Rescission of a Determination of Compliance

(1) After receiving a determination of compliance, an MBTA community must notify EOHLC in writing of any zoning amendment or proposed zoning amendment that affects the compliant Multi-family zoning district, or any other by-law, ordinance, rule or regulation that limits the development of Multi-family housing in the Multi-family zoning district. (2) EOHLC may rescind a determination of district compliance, or require changes to a Multi-family zoning district to remain in compliance, if EOHLC determines that: (a) The MBTA community submitted inaccurate information in its application for a determination of compliance; (b) The MBTA community failed to notify EOHLC of a zoning amendment that affects the Multi-family zoning district; (c) The MBTA community enacts or amends any by-law or ordinance, or other rule or regulation, that materiallyalters the minimum land area and/or the Multi-familyunit capacity in the Multi-family zoning district; (d) A board, authority or official in the MBTA community does not issue permits, or otherwise acts or fails to act, to allow construction of a Multi-family housing project that is allowed As of right in the Multi-family zoning district (or any Mixed-use zoning development district taken into account in determining the required Multi-family unit capacity in the Multi-family zoning district); (e) The MBTA community takes other action that causes the Multi-family zoning district to no longer comply with M.G.L. c. 40A, § 3A; or (f) An MBTA community with an approved Multi-family zoning district has changed transit category as a result of a newly opened or decommissioned Transit station, or the establishment of permanent, regular service at a Transit station where there was formerly intermittent or event-based service.