Cal. Civ. Code § 22
Appeal to housing appeals committee; procedure; judicial review
Operative Text
Section 22. Whenever an application filed under the provisions of section twenty-one is denied, or is granted with such conditions and requirements as to make the building or operation of such housing uneconomic, the applicant shall have the right to appeal to the housing appeals committee in the executive office of housing and livable communities for a review of the same. Such appeal shall be taken within twenty days after the date of the notice of the decision by the board of appeals by filing with said committee a statement of the prior proceedings and the reasons upon which the appeal is based. The committee shall forthwith notify the board of appeals of the filing of such petition for review and the latter shall, within ten days of the receipt of such notice, transmit a copy of its decision and the reasons therefor to the committee. Such appeal shall be heard by the committee within twenty days after receipt of the applicant's statement. A stenographic record of the proceedings shall be kept and the committee shall render a written decision, based upon a majority vote, stating its findings of fact, its conclusions and the reasons therefor within thirty days after the termination of the hearing, unless such time shall have been extended by mutual agreement between the committee and the applicant; provided, however, that the committee shall provide notice to the secretary of any such extension or other failure to perform action by the deadlines set forth in this section and the reason for such delay; provided further, that the secretary shall annually, not later than November 1, submit to the governor and the joint committee on housing a summary of such delays including, but not limited to: (i) any deadlines missed pursuant to this section for each applicable appeal; (ii) the reason for any such delay; (iii) the total number of days, from the date of the committee's receipt of the applicant's statement of the prior proceedings, in which the committee ultimately issued a written decision or, if such appeal is in progress at the time the report is submitted, the projected number of days beyond the deadlines listed herein as may be necessary for the committee to issue a decision; and (iv) the board that issued the denial or conditions and requirements being appealed by the applicant. Such decision may be reviewed in the superior court in accordance with the provisions of chapter thirty A.
Mass. Gen. Laws c. 40B § 22 establishes a formal appeal pathway for affordable housing applicants whose permits are denied or conditioned in ways that make the project financially unworkable. The applicant may bring the matter before the Housing Appeals Committee within the Executive Office of Housing and Livable Communities, triggering a structured timeline: the appeal must be filed within twenty days of the board's decision, heard within twenty days of filing, and decided in writing within thirty days of the hearing's close. The statute also builds in accountability measures, requiring the committee to report delays to the secretary and mandating an annual summary to the governor and the Joint Committee on Housing. Final committee decisions are subject to further judicial review in Superior Court under the standards of Massachusetts General Laws chapter 30A.
Plain English — not legal advice.
Property owners and developers pursuing affordable housing under the comprehensive permit process should be aware that Mass. Gen. Laws c. 40B § 22 gives applicants a defined window—twenty days from the board of appeals' decision notice—to file an appeal with the Housing Appeals Committee. Operators who believe a denial or an imposed condition renders a project economically unviable generally document that financial impact carefully, as the committee's review centers on whether conditions make the housing 'uneconomic.' Compliant practice also involves preserving a complete record of prior proceedings, since the appeal statement must summarize those proceedings and the grounds for the challenge. If the committee rules adversely, the statute preserves the right to seek Superior Court review under chapter 30A.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
For tenants and community members, Mass. Gen. Laws c. 40B § 22 is the provision that governs how affordable housing developers can challenge local permit denials or burdensome conditions—meaning it directly shapes whether new affordable units get built in a given community. While the appeal process under this section is initiated by applicants rather than tenants, understanding it can help residents track whether a proposed affordable development is moving through the appeals pipeline and why delays may occur, since the statute requires annual public reporting of missed deadlines and their causes. Tenants or advocates interested in a specific project's status may consult the Housing Appeals Committee's public records or reach out to a tenant-rights organization familiar with chapter 40B proceedings for context on how the process works.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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