Boston Planning and Development Agency Institutes Policy on Diversity, Equity, and Inclusion

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The Boston Planning and Development Agency (“BPDA”) has adopted a Diversity, Equity and Inclusion Policy (“DEI”) that asks developers of large projects (adding/constructing more than 50,000 square feet), Planned Development Areas (new overlay zoning districts for project areas larger than one acre), small projects (adding/constructing more than 20,000 square feet and/or 15+ new residential units), or Institutional Master Plans (projects relating to academic and medical campuses) for a DEI Plan Disclosure detailing how their projects will promote participation and employment of people of color, women, and certified Minority and Women Owned Businesses (“M/WBE”).

The BPDA clarified that the disclosures should go ‘beyond aspirational statements’ to include specific DEI actions for all phases of development – from pre-development (diverse developers, owners, investors, legal staff) and construction to ongoing operations (diverse building tenants, facilities managers).

The policy aims to gather data to identify gaps in participation of real estate development and increase M/WBE participation over time.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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