Taylor v. Housing Appeals Committee

At issue in this case is the validity of a regulation of the Department of Housing and Community Development (DHCD), 760 Code Mass. Regs. § 31.04(l)(a) (2004), which, among other things, sets the date on which a municipality’s stock of low or moderate income housing is calculated for the purposes of G. L. c. 40B, §§ 20-23 (act).3 The act requires each municipality in the Commonwealth to devote ten per cent of its housing stock to low or moderate income housing. G. L. c. 40B, § 20. The date for calculating whether a town has met the ten per cent threshold is of critical importance in the act’s…