Ever since the Massachusetts legislature passed Chapter 40B in 1969, communities across the Commonwealth have wrestled with the mandate to reserve 10% of their housing stock for low- and moderate-income people. Our lawyers have vast experience helping towns, boards, affordable housing corporations, housing authorities, developers and citizen groups navigate the intricacies of Chapter 40B comprehensive permit matters, including planning, financing, permitting, development, and litigation. Our expertise includes:
Drafting and implementing affordable housing “planned production plans” for towns.
Converting under-utilized municipal property into affordable housing.
Implementing locally-sponsored affordable housing projects funded under the Community Preservation Act and other local subsidy programs.
Negotiating complex mitigation packages and agreements associated with the development of 40B projects consisting of hundreds of units of rental or condominium housing.
Challenging and defending local comprehensive permit decisions at the Housing Appeals Committee, in Superior Court or Land Court, and on appeal to the Appeals Court and the Supreme Judicial Court.
Helping towns to achieve compliance with Chapter 40B’s safe harbor thresholds, and defending towns against legal challenges.
Negotiating settlements to complex disputes among towns, developers and neighbors, enabling hundreds of units of affordable housing to be built while protecting neighborhoods and the environment.
Representing municipalities in federal and state court seeking to recover excess profits allegedly retained by developers.
Sitting as a Zoning Board Chair, member, or associate member on comprehensive permit projects involving hundreds of units of affordable housing.