• A New Look At An Old 40B

Fall Course from the Center for Advanced Legal Studies

9 a.m. - 12:30 p.m. Friday, Sept. 5, 2008
Suffolk University Law School
120 Tremont St., Boston

A New Look At An Old 40B
New Regulations, New Rulings

Chapter 40B has changed more in 2008 than any time in its nearly 40-year history—even without legislative amendment.

In 1969, the Massachusetts Legislature approved landmark and controversial legislation to make it easier to develop low- and moderate-income housing throughout the commonwealth. Known alternately as the Anti-Snob Zoning Act, the Comprehensive Permit Law, or just simply as Chapter 40B, G.L. c. 40B, §§ 20-23 is a powerful tool that allows the state to override local land use regulations in certain circumstances in order to address the statewide need for affordable housing.

The Massachusetts Department of Housing and Community Development promulgated a comprehensive rewrite of the regulations and guidelines governing development under Chapter 40B earlier this year. In addition, the Supreme Judicial Court issued an unprecedented seven decisions in 40B cases—nearly the same number decided by the court during the last decade—addressing both procedural and substantive questions that have arisen from the act.

An expert panel will discuss how to apply the new regulations and recent court rulings to practice.

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Center for Advanced Legal Studies