Providing news and insights about real estate litigation trends and legal issues.
The real estate industry is dynamic and complex. Welcome to Real Estate Litigation Watch, a new blog from K&L Gates exploring these complexities through the lens of litigation and disputes. Lending their perspectives to critical issues, our lawyers provide timely updates on trends, developments, and challenges relevant to those operating in and beyond the real estate sector.
By: Sean R. Higgins and Cayla Nyante Brown
For developers looking to build affordable housing in Massachusetts, tax credits can be a powerful tool to reduce costs and secure financing. Two primary tax credit programs are available: the Low-Income Housing Tax Credit (LIHTC) and the Massachusetts Affordable Housing Tax Credit (AHTC).
Read MoreBy: Sean R. Higgins and Cayla Nyante Brown
Massachusetts offers a key incentive for developers through its Low-Income Housing Tax Credit (State LIHTC), designed to encourage the creation and preservation of affordable housing. The State LIHTC, modeled after the federal program, provides substantial tax benefits to those investing in affordable housing projects across the state.
Read MoreBy Robert M. Smith, Kenneth A. Kecskes, and Ankur K. Tohan
On 30 June 2025, Governor Newsom signed Assembly Bill 130 (AB 130) and Senate Bill 131 (SB 131) into law, introducing some of the most significant changes to the California Environmental Quality Act (CEQA) in recent history, with the goal of increasing housing supply and improving housing affordability in California. The reforms were also partially motivated by legislative concerns over the misuse of CEQA by project opponents to “delay a project for reasons unrelated to environmental protection.” The bills expand CEQA exemptions for certain housing and advanced manufacturing projects, with the goal of facilitating a faster environmental review process and fewer CEQA legal challenges.
Read MoreBy Sean Higgins and Cayla Nyante Brown
Investing in affordable housing in Massachusetts involves navigating a complex landscape. Developers should be aware of the following key considerations:
Read MoreBy: Sean Higgins and Cayla Nyante Brown
Signed into law in January 2021, the Massachusetts Bay Transportation Authority (MBTA) Communities Act (the Communities Act) requires all 177 cities and towns with access to MBTA public transportation (e.g., commuter rail, subway, bus, or ferry) to designate a specific zoning district where multifamily housing is permitted “as of right,” meaning without any additional approvals needed, to increase housing availability near transit options.
In February of 2024, residents of the town of Milton, which has four MBTA stations along the Mattapan Line voted down a proposed zoning scheme to satisfy the requirements of the Communities Act, thus setting the stage for a showdown between the Commonwealth of Massachusetts (the Commonwealth) and the affluent Boston suburb.
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