Chapter 40B Recently Withstands Ballot Drive Challenge

Chapter 40B recently withstood a potentially significant challenge to its status as one of the Commonwealth’s most important housing law since its creation in 1968. According to the Massachusetts Secretary of State’s Office, a signature drive to repeal the law fell more than 35,000 signatures short of the 66,593 needed to place a question on the November 2008 statewide ballot. Consequently, the soonest any similar petition to repeal Chapter 40B could be on the ballot would be 2010.

Chapter 40B has been responsible for producing over 48,000 units of mixed-income housing, including housing for the elderly, single-family subdivisions that include affordable units for town residents, multifamily rental housing developments, and mixed-income condominium or townhouse developments. Its goal is to encourage the production of affordable housing in all cities and towns throughout the Commonwealth by reducing unnecessary barriers created by local approval processes, local zoning, and other restrictions. The standard is for communities to provide a minimum of 10% of their housing inventory as affordable. A total of 51 cities and towns have now met that standard.

The Citizens’ Housing And Planning Association have an excellent website with Chapter 40B information. Click here to view the website.