Cal. Civ. Code § 21

Low or moderate income housing; applications for approval of proposed construction; hearing; appeal

In Force
Verified 9/13/2026 · Next check 9/20/2026
effective 9/13/2026MassachusettsInspections, Registration & Licensing

Operative Text

Cal. Civ. Code § 21
Section 21. Any public agency or limited dividend or nonprofit organization proposing to build low or moderate income housing may submit to the board of appeals, established under section twelve of chapter forty A, a single application to build such housing in lieu of separate applications to the applicable local boards. The board of appeals shall forthwith notify each such local board, as applicable, of the filing of such application by sending a copy thereof to such local boards for their recommendations and shall, within thirty days of the receipt of such application, hold a public hearing on the same. The board of appeals shall request the appearance at said hearing of such representatives of said local boards as are deemed necessary or helpful in making its decision upon such application and shall have the same power to issue permits or approvals as any local board or official who would otherwise act with respect to such application, including but not limited to the power to attach to said permit or approval conditions and requirements with respect to height, site plan, size or shape, or building materials as are consistent with the terms of this section. The board of appeals, in making its decision on said application, shall take into consideration the recommendations of the local boards and shall have the authority to use the testimony of consultants. The board of appeals shall adopt rules, not inconsistent with the purposes of this chapter, for the conduct of its business pursuant to this chapter and shall file a copy of said rules with the city or town clerk. The provisions of section eleven of chapter forty A shall apply to all such hearings. The board of appeals shall render a decision, based upon a majority vote of said board, within forty days after the termination of the public hearing and, if favorable to the applicant, shall forthwith issue a comprehensive permit or approval. If said hearing is not convened or a decision is not rendered within the time allowed, unless the time has been extended by mutual agreement between the board and the applicant, the application shall be deemed to have been allowed and the comprehensive permit or approval shall forthwith issue. Any person aggrieved by the issuance of a comprehensive permit or approval may appeal to the court as provided in section seventeen of chapter forty A.
Source: Legislative text reproduced verbatim
Plain English

Under Mass. Gen. Laws c. 40B § 21, eligible developers of low or moderate income housing may file a single consolidated application with the local board of appeals instead of seeking separate approvals from multiple municipal boards. The board of appeals must hold a public hearing within thirty days, render a decision within forty days after that hearing closes, and issue a comprehensive permit if the vote is favorable—or the application is automatically deemed approved if deadlines are missed without a mutual extension. Any person aggrieved by the issuance of such a permit may seek judicial review.

Written by anthropic/claude-sonnet-4.6 · Reviewed on September 13, 2026

Plain English — not legal advice.

For Property Managers

Developers and housing organizations operating under Mass. Gen. Laws c. 40B § 21 generally submit one comprehensive application to the board of appeals and track the statutory hearing and decision deadlines carefully, since an unanswered application can be deemed automatically approved. Compliant operators typically engage with local board representatives at the hearing and remain prepared for conditions the board may attach regarding height, site plan, size, shape, or building materials. Keeping records of any mutual deadline-extension agreements with the board is also standard practice.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Mass. Gen. Laws c. 40B § 21 establishes that neighbors and other affected parties who are aggrieved by the issuance of a comprehensive permit may appeal to court under the procedures referenced in the statute. Community members who believe a permit was improperly issued can explore that appeal path or raise concerns through local tenant-rights organizations familiar with Chapter 40B proceedings. Consulting a housing attorney or advocacy group can help affected residents understand what standing and grounds for appeal may exist under this provision.

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.

Effective Timeline

Current
Sep 13, 2026
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Related Rules

§ 5.709
§ 5.709 Administrative process for defining and revising inspection criteria.
§ 6
Investigations; records; reports
§ 13
Application of chapter to existing dwellings

Source Information

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