In its $5.2 billion Affordable Homes Act (AHA) signed by Gov. Maura Healey last week, the Massachusetts Legislature came down the chimney with some presents that have been on developers’ wish lists for decades. In addition to...more
The Massachusetts Legislature just passed legislation modernizing the procedure for withdrawing land from the registered land system. The legislation, part of the Legislature’s Housing Bond Bill, now goes to the governor’s...more
In its decision this morning in Shoucair v. Board of Appeal of Boston, the Supreme Judicial Court (SJC) held that in court appeals under § 11 of the Boston Zoning Enabling Act (Section 11), the trial judge can require the...more
The U.S. Supreme Court’s recent decision in Sheetz v. County of El Dorado may have a profound impact on inclusionary zoning ordinances and bylaws in Massachusetts. I suspect few of those regulations – if challenged – will...more
6/4/2024
/ Affordable Housing ,
Dolan v City of Tigard ,
George Sheetz v County of El Dorado ,
HUD ,
Inclusionary Housing Ordinance ,
Koontz v St John's River Water Management ,
Land Developers ,
Nollan v California Coastal Commission ,
Private Property ,
Public Use ,
SCOTUS ,
Unconstitutional Condition ,
Zoning Laws
The Supreme Judicial Court (SJC) last week gave real estate litigators an early holiday gift: an important, clarifying opinion on a recent amendment to Section 17 of M.G.L. c.. 40A (the Zoning Act), which governs appeals to...more
In its recent decision in Allegaert v. Harbor View Hotel Owner, LLC, the Massachusetts Appeals Court reversed in part two Superior Court judgments dismissing the plaintiffs’ zoning appeals. In the process the Appeals Court...more
On June 15, 2021, the state of emergency enacted by Massachusetts Governor Charlie Baker on March 10, 2020 expired. During the state of emergency, state and local permits were extended and certain provisions of the Open...more
On May 17, 2021, Massachusetts Governor Charlie Baker announced that the state of emergency declared on March 10, 2020 will likely end on June 15, 2021. Both state and local permits were extended while the state of emergency...more
Year after year, the Massachusetts Legislature considers bills to change General Laws Chapter 40A, or the Massachusetts Zoning Act. Many prior changes were fairly minor, but on January 14, 2021, Governor Charlie Baker signed...more
On November 10, 2020, Governor Charlie Baker signed legislation that now requires most municipal boards and commissions to move forward on permit applications by December 1, 2020 unless the secretary of housing and economic...more
NEW GUIDANCE ON PUBLIC HEARINGS ON HOUSING PROPOSALS -
The Massachusetts Department of Housing & Community Development (DHCD) recently issued guidance for municipalities regarding housing development. This guidance...more
10/20/2020
/ Affordable Housing ,
Centers for Disease Control and Prevention (CDC) ,
Community Development ,
Construction Project ,
Coronavirus/COVID-19 ,
Eviction ,
Foreclosure ,
Housing Developers ,
Moratorium ,
Municipalities ,
Permits ,
Real Estate Development ,
State of Emergency ,
Urban Planning & Development
The state moratorium on residential evictions, certain residential foreclosures, and certain commercial evictions (Chapter 65 of the Acts of 2020) remains in effect through October 17, 2020....more
9/9/2020
/ CARES Act ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Eviction ,
Financial Distress ,
Foreclosure ,
Infectious Diseases ,
Landlords ,
Moratorium ,
Public Health ,
Relief Measures ,
Rent ,
Rental Property ,
Tenants
On July 2, 2020, Massachusetts Governor Charlie Baker issued a new state permitting order that rescinds and replaces his March 26, 2020 order. The new order sets specific dates for agencies to take action and for appeals of...more
Massachusetts Supreme Judicial Court: No Further Deadline or Statute of Limitations Extensions -
On June 24, 2020, the Massachusetts Supreme Judicial Court (SJC) issued an order further staying certain hearings and trials...more
The U.S. Court of Appeals for the First Circuit recently vacated an air permit issued by the Massachusetts Department of Environmental Protection (DEP) for the construction of a new compressor station proposed by Algonquin...more
6/12/2020
/ Air Pollution ,
Department of Environmental Protection ,
Energy Projects ,
Infrastructure ,
Natural Gas ,
Oil & Gas ,
Permits ,
Pipelines ,
State and Local Government ,
Supply Shortages ,
Vacated
Supreme Judicial Court Issues Order Signaling End of Deadline and Statute of Limitations Extensions -
On May 26, 2020, the Supreme Judicial Court (SJC) issued an order further staying certain hearings and trials and limiting...more
In its decision last week in DeCicco v. 180 Grant Street, LLC, the Massachusetts Supreme Judicial Court (SJC) answered a previously open question, confirming that a defendant who successfully moves to dismiss a complaint in...more
This week, Boston Mayor Marty Walsh’s office announced a new protocol for re-starting city construction projects deemed “essential.” In mid-March, in response to the COVID-19 pandemic, Walsh ordered most construction in the...more
GOVERNOR BAKER EXTENDS ORDER REGARDING BUSINESSES AND GATHERINGS -
On April 28, 2020, Massachusetts Governor Charlie Baker extended his previous order disallowing many businesses to have employees in brick-and-mortar...more
On April 20, 2020, Massachusetts Governor Charlie Baker signed House Bill 4647 (the Act), which prohibits certain evictions and foreclosures due to the economic effects of the COVID-19 pandemic. ...more
On April 3, 2020, Massachusetts Governor Charlie Baker signed into law Chapter 53 of the Acts of 2020, an Act To Address Challenges Faced by Municipalities and State Authorities Resulting from COVID-19. ...more
New Supreme Judicial Court Order Clarifies Impact on Statutory Appeal Periods -
On April 1, 2020, the Massachusetts Supreme Judicial Court issued a new order that will go into effect on April 6, 2020. The order states that...more
SUFFOLK COUNTY REGISTRY OF DEEDS -
Staff at the Suffolk County Registry of Deeds is currently unable to review and record mailed documents, per this notice posted on the registry’s website. ...more
STATE PERMITS AND APPROVALS -
On March 26, 2020, Massachusetts Governor Charlie Baker issued COVID-19 Executive Order No. 17, which applies to state permits and approvals. ...more
The abrupt halt to day-to-day operations over the last two weeks is forcing a series of unwelcome decisions on Massachusetts real estate developers. While many activities are sharply curtailed, including construction in...more