Mintz Levin - Real Estate

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…more

A federal housing regulator is seeking public comment as it initiates a rulemaking with regard to Property Assessed Clean Energy (PACE) programs. PACE programs permit municipalities to provide financing to property…more

In This Edition: *Law & Policy Updates: ..Henry Gifford’s Lawsuit Against U.S. Green Building Council Dismissed; LEED 101: A Look at the Proposed LEED Update - LEED 2012; and ML Strategies Energy and Environment…more

In June 2009, we reported on a Massachusetts Superior Court decision in which the court ordered the Town of Saugus to return more than $670,000 in fees paid by developers to connect their projects to the sewerage system in…more

In This Issue: Law and Policy Updates: Overview of Energy Savings Performance Contracts; Texas Oil Companies Seek Repeal of California Global Warming Law; More Obstacles to AB 32 Implementation; Fannie Mae Regulators Shut…more

After several years of debate, disagreement, and litigation between developers of subsidized housing and local zoning boards of appeals (ZBAs) concerning the question of the breadth of those boards’ authority over comprehensive…more

On August 10, 2010, Governor Deval Patrick signed into law “An Act Promoting Fairness in Private Construction Contracts.” See M.G.L. ch. 149, § 29E. This law is an important new regulation affecting payment terms on private…more

Over several months in 2007-2008, the Supreme Judicial Court (SJC) issued nine decisions under Chapter 40B, the Commonwealth’s affordable housing law — more cases than it had decided in the prior decade. While it is common to…more

In This Edition: *Law and Policy Updates: ..HomeStar Overcomes Controversy in the House, Faces Uncertain Future in the Senate ..New York City Passes the Greener, Greater Buildings Plan ..Massachusetts Approves Utilities’…more

The U.S. Environmental Protection Agency (EPA) has new rules for work that disturbs lead-based paint in pre-1978 housing and facilities serving children under six. The new rules currently allow an “opt-out” for those homeowners…more

Towns where housing is not expensive have recently developed a new justification for denying a comprehensive permit application: claiming that there is no Chapter 40B “regional need for low or moderate income housing” because…more

In the past several years, state housing agencies and regional and municipal planners have been encouraging "smarter growth" in Massachusetts, including the construction of new housing in developed areas close to existing…more

In its first decision addressing the commencement date of the one-year “planned production” safe harbor, the Housing Appeals Committee (HAC) has ruled that the Town of Bourne could rely on the safe harbor provision to block a…more

More than $670,000 has been returned to developers of new properties in Saugus, thanks to a recent decision by the Massachusetts Superior Court. In Denver Street LLC v. Town of Saugus, the court ruled that the Town of Saugus had…more

In a ruling significant because it applies a brand new regulatory procedure, the Massachusetts Department of Housing and Community Development (DHCD) has ruled that the Town of Wareham is not entitled to deny or condition a…more