The legislature of the Commonwealth, in Chapter 23B of the Massachusetts Code, has created the Massachusetts Department of Housing and Community Development. Within the Department of Housing and Community Development, the legislature created a Housing Appeals Committee. Mass. Gen. Law Ch. § 5A (2004).
Under the Commonwealth’s Low and Moderate Income Housing Law, certainties entities who wish to build affordable house may follow a streamlined application process. If the application is denied or conditionally granted, the entity may appeal the decision of the local board to the Housing Appeals Committee which is housed under the Massachusetts Department of Housing and Community Development. The Housing Appeals Committee will hold a hearing to consider the denial of the permit. At the hearing, the Housing Appeals Committee is limited to the issue of whether the denial of the application, was reasonable and consistent with local needs. If the Housing Appeals Committee finds that the decision was unreasonable, it shall vacate the decision of the local board and order the issuance of the permit. MASS. GEN. Laws ch. 40B, § 21 - 23 (2004).