Supreme Judicial Court - Mass Cases

affordable housinq initiatives. Thus, 1.oc:al
initiatives t.o expand cirid create affordable
housjng, with these excess profits, have heen
t.hwart.ed by the apparent manipill ati.on by
devel opers in d poorly-monitored nversiqlit
svstem. "
I,et.ter of InspocCor General to Executive Director of
MassHousiny daCed September 13, 2006, RA Vol.1, 233.
rurthcr-, for the reasons discussed in sectj.ons 1 I I .A-C
above, the board was wi.Lhin j.t.5 statutory authuriLy in
irnposjng t.his coridilion and t.he HAC had no power t.o
strike it. and the Trial Court erred iri upholding t.he
HAC
F. - The HAC erred in sLrikinq
Assiqnahility.
. Kondition 43E:
'The Board' ~i Decision provides Che MassHousing' s
stated commi.tment to provide fundiny under the Housing
starts p ro y ram Is "nun-transferable and
nonassignable ." RA Vol.. 1, 24. Inexplicably, the HAC
dcscribed t.hj.s as "an obscure formi.11 at.i.on"; struck Lhe
conditi.on; and rewroic it in accordance with the
developer's wishes. Such action was bcyond the
statutory authority of the IlAC. 'The Hoard's refusal
to accept some lender-to-be-named-lat-er is well-
founded and well within the Board's authority to
cnndit.ion projccLs under G,J,. c. 40B. For these and
the oLher reasons disciissed in sections 1V.A-b: abovc,
47