New Housing Bill Raises Bar For Abutter Appeals

On August 6, 2024, Governor Maura Healy signed H. 4977, entitled the Affordable Homes Act, which builds on recent legislation intended to address the state's housing crisis. In addition to funding affordable housing developments throughout the state and paving the way for the creation of accessory dwelling units, this most recent legislation makes critical amendments to the Zoning Act intended to overcome an obstacle often cited as a key driver of the cost of development in Massachusetts – vexatious abutter appeals.

In January of 2021, the legislature amended Section 17 of Chapter 40A to add an abutter appeal bond requirement. The intent was to require plaintiffs to post a bond to deter appeals that have little likelihood of success or that are brought by abutters not substantially harmed by the proposed development. Developers facing an abutter appeal could petition the court to require an appeal bond of no greater than $50,000 to secure plaintiffs' payment of