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Anti-snob zoning

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Anti-snob zoning

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Anti-snob zoning is a nickname for Massachusetts General Law, Chapter 40B which is also known as the Comprehensive Permit Law.

Chapter 40B is a state statute which allows housing developers to bypass local zoning restrictions under some circumstances. Chapter 40B was enacted in 1969 to help address the shortage of affordable housing statewide by reducing barriers created by local approval processes, local zoning, and other restrictions. Its goal is to encourage the production of affordable housing in all communities throughout the Commonwealth.

For the purposes of this statute, affordable housing is defined as a unit which could be purchased by a family making 80% of the median income of the area and which is deed restricted.

Under Chapter 40B, in any municipality where less than 10% of its housing qualifies as affordable, a developer can override local zoning laws and build a new development if at least 20% of the new units have long-term affordability restrictions.

This law is controversial and paradoxically ineffective. A recent study by the National Low Income Housing Coalition rated Massachusetts as being the least affordable state in which to rent an apartment in 2003.

Despite the law very few new houses are built in Massachusetts relative to its needs. The state is very interested in increasing the supply of inexpensive homes. The shortage contributes to sprawl as workers move further away from jobs in order to afford houses. In addition, the high price of housing is one of the reasons that young people are moving away from Massachusetts altogether.

However, towns resist building more inexpensive houses because the costs which are incurred by the town, largely for education, are not covered by the taxes paid on inexpensive housing.

Towns have repeatedly attempted to gain "affordable" classification for existing inexpensive housing units which are not deed restricted. Many have requested that mobile homes be allowed, but this has been denied. Others attempted to include prisons and school dormitories to little avail.