NAIOP Joins Housing Coalition to Submit Amicus Brief in Affordable Housing Case

Brief Urges SJC to Affirm Lower Court’s Decision in Terrence Marengi Jr. & others v. 6 Forest Road LLC & Others Requiring a Bond for 40B Appeals

BOSTON, MA – In September, NAIOP joined a coalition of housing advocates, municipalities, state agencies and real estate groups in signing onto an amicus brief in the case of Terrence Marengi Jr. & others v. 6 Forest Road LLC & Others. The brief urged the Supreme Judicial Court to uphold the bond requirements set by the lower court under new provisions of the state Zoning Act, Chapter 40A, enacted in 2021. NAIOP supports the lower court’s position that the bond requirements created for zoning appeals under the new law should apply to appeals made pursuant to Chapter 40B.

After years of advocating for legislation to curb frivolous appeals of critical housing and economic development projects, NAIOP was proud to have successfully worked to pass the  2021 Economic Relief legislation, which allows the court, in its discretion, to require the plaintiff in a zoning appeal of a special permit, variance or site plan to post a surety or cash bond, not to exceed $50,000, if the court finds that the delays caused by such an appeal cause harm to the defendant or the public interest, and that the harm outweighs the financial burden of the bond requirements on the plaintiffs.

“We are proud to stand as a part of this 21-member coalition and submit this brief urging the Supreme Judicial Court to uphold these critical bond provisions and their application to a 40B affordable housing development appeal,” said NAIOP CEO, Tamara Small. “Every day, the need for housing becomes more acute in the Commonwealth, and we cannot afford to delay these projects in the interest of frivolous appeals designed to delay crucial housing and economic development.”

Oral arguments will be held Monday, October 3.