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Hedlund statement on 40B measure
By Administrator   
Sunday, May 16, 2010 10:13 PM
Every 40B project completed since 2004 would be subject to a state audit under a measure adopted today by the Massachusetts State Senate.

The measure was filed by Sen. Robert L. Hedlund in response to ongoing revelations that 40B developers routinely inflated expenses and deflated costs in an effort to illegally pocket excess profits. State Inspector General Gregory Sullivan, who has led the investigation into excess profits from 40B projects, has described his findings as “the state’s worst financial scandal of the past 20 years.”

“I am pleased that my colleagues finally recognized the importance of expanding the investigation beyond the initial 11 projects,” Sen. Hedlund said. “It is the Inspector General’s belief that an expanded investigation will uncover tens of millions of additional dollars that legally belong to our cities and towns.”

Under Chapter 40B, developers must file a cost certification report demonstrating that the projects’ profit margin did not exceed 20 percent. Among the tactics developers used to artificially deflate profits were:
Claiming to have paid workers an average of $53 per hour, instead of the $21 the workers actually received;
Claiming employees worked 125 days on-site, when they only worked 46 days on-site;
Paying a “rental fee” to use equipment the developers already own;
Charging the cost of carpeting used to carpet a vacation home back to the 40B project;
Selling units at a loss to relatives and friends.

 None of these tactics were uncovered during the initial review performed by monitoring agents hired by the project’s subsidizing agencies.

Sen. Hedlund filed the measure, along with Sen. Robert O’Leary (D-Barnstable), as an amendment to the Senate’s Municipal Relief Bill. It allows the Inspector General, working with the Attorney General, to hire a qualified, outside firm to conduct the additional audits. Any evidence of fraud, or illegally kept excess profits will be immediately referred to the Inspector General and Attorney General for appropriate action.  

“There have been some real issues surrounding affordable housing development contracts around the state at a cost to towns,” said Sen. O’Leary. “Getting the IG involved to recoup costs is a good way to enforce rules already on the books and will help towns get properly reimbursed.”

A similar measure proposed by Sen. Hedlund was adopted by a 37-1 vote during last year’s budget debate. However, Sen. Hedlund agreed at the time to withdraw the amendment pending the results of the Senate Post Audit and Oversight Committee study on the issue. The study, which was initiated at Sen. Hedlund’s request, confirmed the Inspector General’s findings.

The measure was not included in the House version of the Municipal Relief Bill, and will be negotiated as part of an anticipated conference committee.

 

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