The Supreme Judicial Court Declares that Inexpensive Market-Rate Housing May Not Be Counted in Determining a Town’s Compliance with Chapter 40B

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On Tuesday, in Zoning Board of Appeals of Lunenburg v. Housing Appeals Committee, the Supreme Judicial Court soundly rejected a zoning board of appeals’ argument that inexpensive market-rate homes may be counted toward a town’s affordable housing obligations under Chapter 40B.

The board contended that a developer could not invoke Chapter 40B even though only 1.9% of Lunenburg’s housing stock was recognized by the state as subsidized housing — because, the board argued, cheap marketrate homes already met what Chapter 40B calls the “regional need for low and moderate income housing.”

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Topics:  Affordable Housing, Land Developers

Published In: Construction Updates, Residential Real Estate Updates, Zoning, Planning & Land Use Updates

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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