Housing Advisory: SJC Rules That Chapter 40B Allows Commercial Use within an Affordable Housing Development

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Affirming the “flexibility” that the legislature built in to Chapter 40B, the Supreme Judicial Court has ruled that a comprehensive permit can authorize not only housing, but in the some cases “incidental commercial uses” in a housing development.

For further information, please see this Mintz Levin Housing Advisory.

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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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