Massachusetts Zoning Manual
Comprehensive and up-to-date guidance and practical advice for the constantly changing area of landlord-tenant law.
- Product Number: 2214841WFM
- Publication Date: 7/27/2021
- Edition: 7th Edition 2021
- Copyright: © 2021 MCLE, Inc.
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Product Description
Product Description
Landlord and tenant law in Massachusetts comprises a myriad of statutes, regulations, and common law provisions. This book guides you through each stage of the landlord-tenant relationship, from the creation of a tenancy to its termination and posttermination issues, providing sample documents and pleadings for guidance. Featured are judicial and ethics commentary as well as tips for effective practice. The manual is full of the information you need to understand the complexities of real estate lease agreements and to represent both lessors and lessees in residential and commercial relationships.
Recent updates:
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Update: August 2022
Dear Subscriber:
Thank you for updating your reference library with the 2022 edition of Residential and Commercial Landlord-Tenant Practice in Massachusetts . This edition brings the latest in landlord-tenant law and procedure within your immediate reach—for fast answers to the questions that arise most frequently in your practice.
There have been a number of important developments in the two years that have passed since this publication was last updated. Highlights from the 2022 edition include
- reliance on the Violence Against Women Act as a defense to eviction;
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a substantially revised discussion of reasonable accommodations in housing, including
- the relative burdens on the tenant to make a reasonable accommodation request and the defendant to show, where applicable, that compliance with the request would impose an "undue burden" or result in a "fundamental alteration" of its program;
- the interaction of reasonable accommodation requests with safety concerns and with participation in housing subsidy programs; and
- the use of personal care attendants or live-in aides for persons with disabilities;
- vicarious liability for discriminatory housing practices;
- the Centers for Disease Control's reduction of the "reference value" used to identify individuals with lead exposure;
- lead poisoning liability under Chapter 93A and general negligence principles;
- a recent Supreme Judicial Court decision finding that an owner renting a house for a weekend had no duty of care to third parties where the renter had sole and exclusive possession of the home;
- discontinuation of the "substantial factor" test and adoption of the traditional "but for" standard for determining causation in most tort cases;
- guidance on eviction practices under court protocols adopted in response to the COVID-19 pandemic;
- a statutory amendment providing that minors are not to be named in summary process complaints;
- a finding that the court has equitable authority to require that tenants make interim use and occupancy payments during a summary process eviction trial;
- recent Housing Court cases on standing;
- numerous recent cases on postforeclosure eviction along with related statutory and judicial developments; and
- an overview of Housing Court changes relating to the COVID-19 pandemic.
With this latest edition, Residential and Commercial Landlord-Tenant Practice in Massachusetts remains an essential companion for any lawyer handling a landlord-tenant matter in Massachusetts. We at MCLE thank you for your ongoing support of this product, as we continue our efforts to bring you the latest solutions to the issues you face in your practice.
Very truly yours,
John M. Lawlor, Esq., MCLE Publications Attorney
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Update: August 2022
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Table of Contents
Table of Contents
expand allChapter 1 expandHistorical Development of Massachusetts Zoning Law
Buy ChapterChapter 2 expandZoning Power and Its Limitations
Buy ChapterChapter 3 expandProcedure for Amending a Zoning Ordinance or Bylaw
Buy ChapterChecklist 3.1
- Procedure for Adoption or Change of a Zoning Ordinance or Bylaw (Except in Boston) Buy FormChapter 4 expandLimitations on Application of Local Zoning Regulations to Governmental Entities
Buy ChapterChapter 5 expandLow- and Moderate-Income Housing: The Anti-Snob Zoning Act, Linkage, Inclusionary Zoning, and Incentive Zoning
Buy ChapterChapter 6 expandNonconforming Uses and Structures
Buy ChapterChapter 7 expandZoning Freezes
Buy ChapterChapter 8 expandSpecial Permits
Buy ChapterChapter 9 expandVariances
Buy ChapterChapter 10 expandProcedures for Obtaining Variances and Special Permits
Buy ChapterChapter 11 expandJudicial Review of Variances and Special Permits
Buy ChapterChapter 12 expandJudicial Construction of Zoning Ordinances and Bylaws
Buy ChapterChapter 13 expandEnforcement of Zoning Requirements
Buy ChapterChapter 14 expandLandowner Actions to Determine the Validity or Applicability of Zoning Ordinances
Buy ChapterChapter 15 expandLegal Opinions on Zoning Compliance
Buy ChapterChapter 16 expandSpecial Zoning Acts: Boston
Buy ChapterExhibit 16A
- Corresponding Sections of the Enabling Act, Boston Zoning Code, and Massachusetts Zoning Act Buy FormExhibit 16B
- Boston Zoning Acts and Selected Special Acts Buy FormExhibit 16C
- Websites for Boston Zoning Buy FormExhibit 16D
- Inspectional Services Department Documents: Sample Refusal Letters and Commissioner’s Bulletin No. 97-1 (Wireless Communications) Buy FormExhibit 16E
- Selected Issues Addressed in Multiple Zoning Provisions Buy FormExhibit 16F
- The Boston Zoning Code: Table of Contents Buy FormExhibit 16G
- Downtown Planning: The Downtown IPOD (Article 27D—Superseded and Expired) Buy FormExhibit 16H
- South Boston Waterfront Planning (Principles from the South Boston Waterfront IPOD, Article 27P) Buy FormExhibit 16I
- Article 80 Development Review: Flowcharts Buy FormExhibit 16J
- Boston Zoning Commission: Sample Hearing Notices and Procedural Rule Buy FormExhibit 16K
- Parking Freeze Map Buy FormExhibit 16L
- East Boston Parking Freeze Buy FormExhibit 16M
- Downtown Parking Freeze Buy FormExhibit 16N
- City of Boston/South Boston Parking Freeze Buy FormChapter 17 expandSubdivision Control Law
Buy ChapterExhibit 17A
- Excerpt from Clows v. Planning Board of Middleton Buy FormExhibit 17B
- Pre-file Review of Proposed Subdivisions of Registered Land Buy FormExhibit 17C
- Excerpt from Gifford v. Planning Board of Nantucket Buy FormExhibit 17D
- Board of Health Transmittal Letter Buy FormExhibit 17E
- Covenant Buy FormExhibit 17F
- Memorandum of Facts and Request for Waivers and Approval of Definitive Subdivision Plan Buy FormChapter 18 expandSmart Growth (G.L. c. 40R and 40S)
Buy ChapterExhibit 18A
- DHCD Guidance for Smart Growth Zoning and Starter Home Zoning Buy FormChapter 19 expandExpedited Permitting
Buy Chapter - Editors & Authors