Massachusetts General Laws

Mass. Gen. Laws ch. 23B, § 5A (2026)

Housing appeals committee

✓ current as of July 2026

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Section 5A. There shall be within the executive office a housing appeals committee, consisting of 3 members to be appointed by the secretary, of whom 1 shall be an officer or employee of the executive office or any agency or division within the executive office, and 2 members to be appointed by the governor for terms of 1 year each, of whom 1 shall be a member of a select board and 1 a member of a city council or similar governing body of a city. The members shall serve for terms of 1 year each, and the secretary shall designate the chairperson. A member of the committee shall receive no compensation for such services, but shall be reimbursed by the commonwealth for all reasonable expenses actually and necessarily incurred in the performance of official duties. Said committee shall hear all petitions for review filed under section 22 of chapter 40B, and shall conduct said hearings in accordance with rules and regulations established by the secretary.

The executive office shall provide such space and clerical and other assistance as the committee may require.

Notes of Decisions

Cited in 11 cases (1 in the last 5 years), 1976–2021 · leading case: Zoning Bd. of Appeals v. Ardemore Apts. Ltd. P'ship, 436 Mass. 811 (Mass. 2002).

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Zoning Bd. of Appeals v. Ardemore Apts. Ltd. P'ship, 436 Mass. 811 (Mass. 2002). “” HAC is a five-person board organized under G. L. c. 23B, § 5A, and is authorized to hear appeals from the denial of an application for a comprehensive permit.”

Plan. Bd. v. Hingham Campus, LLC, 780 N.E.2d 902 (Mass. 2003). “The housing appeals committee “is a five-person board organized under G. L. c. 23B, § 5A, and is authorized to hear appeals from the denial of an application for a comprehensive permit.”

Dennis Hous. Corp. v. Zoning Bd. of Appeals, 785 N.E.2d 682 (Mass. 2003). “If the zoning board denies the application for comprehensive permit, or approves it only on conditions that make the project “uneconomic,” the applicant may appeal to the housing appeals committee (created by G. L. c. 23B, § 5A), which also has the power to override local…”

Bd. of Appeals v. Hous. Appeals Comm., 887 N.E.2d 1051 (Mass. 2008). “I concur in the result that the court reaches today reversing those decisions only because the Department of Housing and Community Development (department), of which the HAC is a part, G. L. c. 23B, § 5A, has not promulgated regulations to address the issue presented in this…”

Bd. of Appeals of Maynard v. Hous. Appeals Comm., 345 N.E.2d 382 (Mass. 1976). “Under G. L. c. 23B, § 5A, HAC is to consist of five members, one a selectman.”

Eisai, Inc. v. Hous. Appeals Comm., 52 N.E.3d 1097 (Mass. App. Ct. 2016). “See G. L. c. 23B, § 5A. 11 Under G. L. c. 40B, § 20, inserted by St.”

Zoning Bd. of Appeals v. Hous. Appeals Comm., 981 N.E.2d 157 (Mass. 2013). “See G. L. c. 23B, § 5A (three members of HAC are appointed by department director and remaining two by Governor).”

Taylor v. Bd. of Appeals, 863 N.E.2d 79 (Mass. App. Ct. 2007). “” G. L. c. 23B, § 5A. General Laws c. 40B, § 21, as amended by St.”

Zoning Bd. of Appeals of Hanover v. Hous. Appeals Comm., 56 N.E.3d 880 (Mass. App. Ct. 2016). “See G. L. c. 23B, § 5A. 4 See G. L. c. 40B, § 20 (definition of “Consistent with local needs”); 760 Code Mass.”

Town of Milton Zoning Bd. of Appeals v. the Massachusetts Hous. Appeals Comm. (2021). “Under G.L. c. 23B, § 5A, HAC is required to "conduct [.”

Larson v. Borden, 16 Mass. L. Rptr. 685 (Mass. Super. Ct. 2003). “G.L.c. 23B, §5A provides that there shall be a Housing Appeals Committee that shall hear appeals pursuant to G.”

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