Residential development in Massachusetts : chapter 40B and the Trojan Horse

Abstract

Massachusetts General Laws Chapter 40B, also known as the "anti-snob zoning law", has become one of the state's most prolific affordable housing development tools: in the years since its passage in 1969 its provisions have facilitated the development of over 48,000 housing units, including approximately 26,000 units reserved for residents at or below 80% of area median income. However, controversy has followed 40B hand in hand for almost the entirety of its four-decade existence. I argue that in recent years 40B opponents have created a new rhetorical strategy, turning the traditional pro-affordability stance on its head to argue against 40B. In this newest iteration of the 40B debate, opponents of the law are cast as supporters of affordable housing. Tracing a history of traditional 40B opposition tactics and the ways in which pro-affordable housing advocates have responded, I arrive at the present time and describe the manner in which this new argument is applied in public discourse. Because of its novelty, relatively little research has been undertaken to address the claims of the pro-affordability, anti-40B position. I examine current arguments, concluding that the claim 40B developments provide only a minimal level statutorily required affordable housing, while catering to the rich, offers the most promising research opportunity to bring quantitative analysis to a current point of contention in the 40B debate.