What is Chapter 40B?

Passed in 1969 by only one vote, Massachusetts General Law Chapter 40B (a.k.a. the comprehensive permit law) is a Massachusetts statute which allows developers who include a small percentage of affordable housing (20% for rental / 25% for homeowner) to be exempt from local zoning and to be able to appeal local denials or restrictions to a state-run "Housing Appeals Committee" (HAC). Under 40B, affordable housing is defined as units: affordable to households making 70-80% of the local median income, subsidized by certain state or federal housing programs, and have deed restrictions.

Developers have successfully used Chapter 40B to build over 800 developments across the state that override local zoning rules for density, conservation restrictions, and type of housing. Since 40B developers get to avoid local zoning and build such high-density construction, they overbid when buying land, effectively driving up the price of all land and thus making all housing more expensive.

In the last seven years, 40B forcefully built more units than in its prior 31 years combined! Developer lobbyist groups like CHAPA lament that this number represents only half the construction that they wanted to build! Because they are building unaffordable homes at higher densitites and with far fewer affordable units, 40B development is severely degrading affordability. Massachusetts now ranks 49th in national housing affordability.

The people of this state deserve better than an affordable housing law that does little more than build unaffordable housing. Alternative affordable housing programs are more successful even under Beacon Hill's current 40B funding and regulation schemes. It is time to move forward.