Provision of Housing Choice Initiative Challenged in MA Superior Court

Under the Housing Choice Initiative, abutters who file an appeal that delays the construction of affordable housing can be required to post bonds of up to $50,000 to cover the cost of the delays in the project due to the appeal.

This provision of the Housing Choice Initiative is being challenged in the Massachusetts Supreme Judicial Court by lawyers representing the abutters of a planned 56-unit 40B condominium development in Salisbury. The challenge comes after a Salem superior court judge ordered the abutters to post a $35,000 bond in order for their appeal to move forward.

Among the organizations that have petitioned the Massachusetts Supreme Judicial in support of the provision, Harbor Light Community Partners has filed an affidavit with the court about the organization’s experience with a proposed 40B development in Hamilton.

Harborlight Executive Director Andrew DeFranza writes in the brief, “After three years of working with the community and political leaders, and attending approximately 275 local meetings regarding the project, Harborlight abandoned its efforts because of the serious threat of an abutter appeal”.

Updates on the Massachusetts Supreme Judicial Court’s decision on the appeal will be posted to the NSR blog.