Affordable Housing Zoning Law
Issue: Defending Workers & Families
Target Level of Office: State
Policy Origin: Massachusetts State Legislature (chaptered)
Poilcy/Bill Number: Chapter 40B Regional Planning
Link: www.YEONetwork.org/2013policy/?i=187
Summary Narrative of the Policy: This Massachusetts Affordable Housing Zoning Law (Chapter
40B) is a state statute that enables local Zoning Boards of Appeals (ZBAs) to approve affordable
housing developments under flexible rules if at least 20 to 25 percent of the units have longterm affordability restrictions. Also known as the Comprehensive Permit Law, the goal of Chapter
40B is to encourage the production of affordable housing in all cities and towns throughout the
state 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 percent of their
housing inventory as affordable.
Relevant Talking Points & Important Information:
• The housing and rental developments established by Chapter 40B are apartments,
condominiums, and homes reserved for seniors or families who make less than 80 percent
of median income for the area and are priced at 70 percent of median or below.
• Decent and affordable housing has far-reaching consequences for people’s health, quality
of life, and access to opportunities. In fact, housing policies can mitigate extreme income
inequality in American cities because affordable housing secures a place for low- to
moderate-income people in communities with recovering economies, growing tax bases,
and improved services.
• Since its inception, Chapter 40B has been responsible for the production of affordable
housing developments that in most cases could not have been built und er traditional
zoning approaches. These developments include church-sponsored 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.
• Chapter 40B has encouraged many cities and towns to form affordable housing committees
to plan and implement a local strategy to build affordable housing in their community.
• According to exhaustive studies by Tufts University and the Massachusetts Bar Association,
the development of Chapter 40B housing units has not harmed property values or family
incomes. Instead, it bolsters the community and ensures that all Americans can live in
dignity, participate in opportunity, and achieve the American Dream.
Policy
2014 Book
State Level
7