What is Chapter 40B?
Chapter 40B is a Massachusetts statute passed in 1969 by only one vote, which allows developers override local zoning and to appeal local zoning board denials or restrictions to a Beacon Hill “Housing Appeals Committee” (HAC). 40B allows this if a certain percentage of affordable housing (25% for owner-occupied units) is included. Under 40B, affordable housing is defined as units which can be afforded by households making 70% of the local median income, have been subsidized by certain state or federal housing subsidy programs, and have deed restrictions. Developers have successfully used Chapter 40B proposals to build over 800 developments across the state that are at variance with local zoning rules for density, conservation restrictions, and type of housing.
