Cal. Civ. Code § 23
Hearing by housing appeals committee; issues; powers of disposition; orders; enforcement
Operative Text
Section 23. The hearing by the housing appeals committee in the executive office of housing and livable communities shall be limited to the issue of whether, in the case of the denial of an application, the decision of the board of appeals was reasonable and consistent with local needs and, in the case of an approval of an application with conditions and requirements imposed, whether such conditions and requirements make the construction or operation of such housing uneconomic and whether they are consistent with local needs. If the committee finds, in the case of a denial, that the decision of the board of appeals was unreasonable and not consistent with local needs, it shall vacate such decision and shall direct the board to issue a comprehensive permit or approval to the applicant. If the committee finds, in the case of an approval with conditions and requirements imposed, that the decision of the board makes the building or operation of such housing uneconomic and is not consistent with local needs, it shall order such board to modify or remove any such condition or requirement so as to make the proposal no longer uneconomic and to issue any necessary permit or approval; provided, however, that the committee shall not issue any order that would permit the building or operation of such housing in accordance with standards less safe than the applicable building and site plan requirements of the federal Housing Administration or the Massachusetts Housing Finance Agency, whichever agency is financially assisting such housing. Decisions or conditions and requirements imposed by a board of appeals that are consistent with local needs shall not be vacated, modified or removed by the committee notwithstanding that such decisions or conditions and requirements have the effect of making the applicant's proposal uneconomic. The housing appeals committee or the petitioner shall have the power to enforce the orders of the committee at law or in equity in the superior court. The board of appeals shall carry out the order of the hearing appeals committee within thirty days of its entry and, upon failure to do so, the order of said committee shall, for all purposes, be deemed to be the action of said board, unless the petitioner consents to a different decision or order by such board.
Mass. Gen. Laws c. 40B § 23 establishes the scope and authority of the Housing Appeals Committee (HAC) when reviewing local zoning board decisions on comprehensive permit applications. When a permit was denied, the HAC examines whether that denial was reasonable and consistent with local needs; when a permit was approved with conditions, the HAC examines whether those conditions make the project financially unworkable and whether they align with local needs. Depending on its findings, the HAC may vacate a denial and direct issuance of a permit, or order a board to remove or modify conditions — though it cannot override safety standards set by the federal Housing Administration or the Massachusetts Housing Finance Agency, and it cannot disturb decisions that are genuinely consistent with local needs even if those decisions render a project uneconomic.
Plain English — not legal advice.
Under Mass. Gen. Laws c. 40B § 23, a board of appeals that receives an HAC order is required to carry out that order within thirty days of its entry; if it fails to do so, the HAC's order automatically takes effect as the board's own action. Operators and developers working through the comprehensive permit process generally document the economic impact of any conditions imposed, since the HAC's review turns in part on whether conditions make construction or operation uneconomic. Compliance-minded boards and applicants also track whether their positions are grounded in local needs, as that standard is central to whether the HAC will leave a decision undisturbed or direct a different outcome.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Mass. Gen. Laws c. 40B § 23 is primarily directed at the relationship between developers, local zoning boards, and the Housing Appeals Committee, but it has downstream relevance for tenants because it governs how affordable housing projects move through — or get unblocked from — the local permitting process. Tenants and housing advocates can monitor HAC proceedings, which are conducted in the executive office of housing and livable communities, to understand whether a proposed affordable development in their community has been stalled by a denial or burdened with conditions under review. Those with questions about how a specific HAC decision may affect housing availability in their area can consult a tenant-rights organization or a legal aid provider familiar with Chapter 40B proceedings.
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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