Share on LinkedInShare on LinkedIn

ARTICLE · 14 SEPTEMBER 2011

Chapter 40B Safe From Yet Another Attack, For Now

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Explore more from Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

In November 2010 the voters of Massachusetts soundly rejected a statewide ballot question ("Ballot Question 2") that, if adopted, would have repealed the Commonwealth’s affordable housing law, commonly known as "Chapter 40B."

United StatesReal Estate and Construction
Jonathan Cosco
Jonathan Cosco
Benjamin Tymann
Benjamin Tymann
Paul Wilson
Paul Wilson
Author LinkedIn connections

In November 2010 the voters of Massachusetts soundly rejected a statewide ballot question ("Ballot Question 2") that, if adopted, would have repealed the Commonwealth's affordable housing law, commonly known as "Chapter 40B." Opponents of Chapter 40B were apparently eager to try again, this summer proposing another initiative petition that would, if put on the ballot and approved by the voters, amend Chapter 40B in ways that would virtually eliminate the construction of new affordable housing.

Yesterday, advocates of affordable housing cheered the Attorney General's decision to refuse to certify the new initiative petition, No. 11-24 (the "2011 Petition"), on the grounds that the 2011 Petition is "substantially the same" as the repeal petition that was rejected during the 2010 statewide elections. The Attorney General's non-certification means that the proposed amendments to Chapter 40B will not appear on the statewide ballot in November 2012, except in the unlikely

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Residential Vacancy Tax Preempted By State Law

A California Court of Appeal has invalidated San Francisco's Empty Homes Tax, ruling that the Ellis Act—which protects property owners' right to exit the rental market—also shields them from being forced to enter it through vacancy taxation. This landmark decision raises critical questions about the viability of similar residential vacancy taxes that other California municipalities have enacted or are considering as housing policy tools.
United StatesReal Estate and Construction
Cox, Castle & Nicholson
Cox, Castle & Nicholson
Article

More For The Missing-Middle: SB 1116 Expands Starter Home Revitalization Act (SB 684/1123)

California's Starter Home Revitalization Act receives significant enhancements through Senate Bill 1116, expanding site eligibility criteria, limiting local zoning restrictions, and invalidating certain private deed covenants to accelerate small-lot residential subdivisions. The legislation introduces streamlined 60-day ministerial approvals while establishing new rules for lot size averaging, height restrictions, and concurrent permit processing that fundamentally reshape the pathway for starter home devel
United StatesReal Estate and Construction
Allen Matkins Leck Gamble Mallory & Natsis LLP
Allen Matkins Leck Gamble Mallory & Natsis LLP
Article

New York City Rent Freeze Faces Legal Challenge As Court Considers Landlords’ Claims

Landlords of rent stabilized buildings in New York City have filed a lawsuit challenging the rent freeze passed by the Rent Guidelines Board, questioning the Board's independence and data integrity. With operating costs rising 31% over five years while the Board voted 7-1 for a freeze affecting 1 million apartments, the case raises critical questions about the balance between tenant protection and landlord viability.
United StatesReal Estate and Construction
Hogan Lovells Cadwalader
Hogan Lovells Cadwalader
Article

Understanding And Addressing Mechanic’s Liens On California Projects

Mechanic's liens pose significant challenges for property owners and developers in California construction projects, even when they have fulfilled their payment obligations. Understanding the strict procedural requirements, timing deadlines, and available remedies can help owners protect their projects from improper claims and efficiently resolve legitimate liens when they arise.
United StatesReal Estate and Construction
Allen Matkins Leck Gamble Mallory & Natsis LLP
Allen Matkins Leck Gamble Mallory & Natsis LLP
Article

Colorado’s New Mechanic’s Lien Law: Bigger Claims, Stronger Protections, And New Risks For Owners And Contractors

On April 6, 2026, the same day that the Colorado Supreme Court issued its decision in Ralph L. Wadsworth Construction Company, LLC v. Regional Rail Partners, Governor Jared Polis signed Senate Bill 26-074 into law. The legislation, which took effect on August 12, 2026, clarifies the amounts that may be included in mechanic’s liens and public construction payment claims, as well as the circumstances under which those claims may be considered excessive.
United StatesReal Estate and Construction
Higgins, Hopkins, McLain & Roswell, LLC
Higgins, Hopkins, McLain & Roswell, LLC
Article

Texas Business Court Addresses Notice Requirements For Foreclosure Sales

The Texas Business Court examined whether foreclosure notices delivered via email and UPS next-day service satisfied contractual deed of trust provisions and Texas Property Code requirements that specified certified mail. The court also addressed whether notice sent to a designated agent constituted proper notice to the borrower when the borrower's name was omitted from the address line.
United StatesReal Estate and Construction
Greenberg Traurig
Greenberg Traurig
Article

New Florida Law Adds Licensing Risk To Contractor/Subcontractor Payment Disputes

Florida's new Section 489.1295 establishes licensing consequences for contractors who fail to timely pay subcontractors and suppliers, effective July 1, 2026. The statute creates disciplinary exposure for knowingly or willfully withholding payment, though it includes important exceptions for bona fide disputes and contractual payment terms. Contractors must now navigate potential license sanctions including fines up to $10,000, suspension, or revocation when payment disputes arise.
United StatesReal Estate and Construction
Peckar & Abramson, P.C.
Peckar & Abramson, P.C.
Article

Massachusetts’ 2026 Ballot Questions: What Clients Need To Know

Massachusetts voters will decide nine statewide ballot questions in November 2026 that could fundamentally reshape the state's legal, regulatory, and fiscal landscape. These measures address government transparency, election reforms, housing development, marijuana regulation, firearms laws, and state revenue limits, with implications extending far beyond Election Day to implementation, regulation, and ongoing policy debates.
United StatesGovernment, Public Sector
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Article

Pharmaceutical Policy In Motion Continued: The Trump Administration’s Second Wave Of Drug Pricing Deals

The Trump administration's most-favored-nation pricing initiative has expanded to include nine additional mid-sized pharmaceutical manufacturers, bringing the total coverage to 89% of the brand drug market. These new agreements focus on Medicaid pricing discounts aligned with international rates, while manufacturers commit billions to U.S. manufacturing and research in exchange for exemptions from future pricing mandates and potential tariffs.
United StatesFood, Drugs, Healthcare, Life Sciences
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Article

California’s AI-in-the-Workplace Legislative Blitz: California Legislature Passes Four New Bills That May Affect Employers

The California Legislature’s 2025–2026 session ended with workplace-related artificial intelligence or automated technology in its crosshairs. If Governor Newsom signs this suite of bills, California employers may face a number of new obligations relating to AI-driven surveillance tools, automated decision systems, and other emerging workplace technologies.
United StatesTechnology
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Article

Office Of Strategic Capital Opens Application Window For National Security Fund Finance Program

The Department of War's Office of Strategic Capital has launched a groundbreaking $500 million to $1 billion fund finance program targeting critical minerals vital to U.S. national security. How will this federal-private capital partnership reshape financing for companies addressing supply chain vulnerabilities in strategic materials?
United StatesFinance and Banking
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Article

DOE’s New Strategic Plan Sets An Expansive Course For Energy Dominance Financing

The US Department of Energy's Office of Energy Dominance Financing has unveiled its Strategic Plan for 2026-2030, marking a significant shift in federal energy financing priorities. With over $300 billion in combined loan authority across four programs, EDF aims to deploy hundreds of billions in new financing commitments while maintaining rigorous underwriting standards.
United StatesEnergy and Natural Resources
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Article

Client Spotlight: Antora Energy Powers The Future Of Industrial Energy Storage

Antora Energy, a leading US thermal battery manufacturer, has secured $550 million in Series C financing to scale deployment of its innovative energy storage technology that converts low-cost electricity into heat stored in solid carbon blocks. The oversubscribed funding round will support expanded manufacturing capacity, establishment of a second US production hub, and large-scale project deployment to meet surging energy demand from industrial facilities, data centers, and the grid.
United StatesEnergy and Natural Resources
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.