Bob Stetson Represents Developer in Cambridge Inclusionary Housing Challenge Featured in Law360
Law360 featured a Middlesex County Superior Court case in which Bernkopf partner Bob Stetson represents OND 1740 Investors LLC in a dispute involving the City of Cambridge’s inclusionary housing requirements. The case concerns a proposed mixed-use development at 1740 Massachusetts Avenue.
OND is seeking to develop a six-story building with 71 apartment units, along with retail and commercial space. Although the project complies with Cambridge’s zoning requirements by right, the City is withholding the building permit unless OND accepts certain inclusionary housing requirements. These include permanent rent restrictions on 14 units and a $450,000 permit fee. OND argues that the City’s requirements exceed the authority permitted under Massachusetts law and the state and federal constitutions.
The case presents broad questions about municipal home rule, constitutional conditions for land use permits, and constitutional protections for private property rights.
Read the full coverage on Law360 (subscription required).
Get in Touch
If you have questions about how similar issues may affect your projects, please contact Bob Stetson at rstetson@bernkopflegal.com or 617.790.3423.