Mass General Laws Chapter 40B
Chapter 40B is a Massachusetts state statute that enables local Zoning Boards of Appeals (ZBAs) to approve affordable housing developments under flexible rules if at least 20-25% of the units have long-term affordability restrictions. Also known as the Comprehensive Permit Law, Chapter 40B was enacted in 1969 to help address the shortage of affordable housing statewide by reducing unnecessary barriers created by local approval processes, local zoning, and other restrictions.
The goal of Chapter 40B is to encourage the production of affordable housing in all cities and towns throughout the Commonwealth and many communities have used it to collaboratively negotiate the approval of quality affordable housing developments. The program is controversial, however, because the developer (a public agency, nonprofit organization or limited-dividend company) has the right to appeal an adverse local decision to the State in communities with little affordable housing (less than 10% of its year-round housing or 1.5% of its land area). Communities that have not yet met one of these thresholds can also receive one- or two-year exemptions from state appeals by adopting a housing production plan and meeting short-term production goals.
As of July 2011, 47 cities and towns are appeal-proof – 39 because they have met the 10% goal, at least three more because they have met the land area standard, and another five with two-year exemptions. Communities above the 10% or 1.5% threshold can still accept 40B development proposals at their choice. Since its inception, Chapter 40B has been responsible for the production of affordable housing developments that in most cases could not have been built under traditional zoning approaches. These include church-sponsored housing for the elderly, single-family subdivisions that include affordable units for town residents, adaptive reuse projects involving mills, schools and other properties, multifamily rental housing developments, and mixed-income condominium or townhouse developments.