Recently, the Commonwealth of Massachusetts sought to enforce its rights
under an affordable housing restriction in Commonwealth v. Onyekwu, Land Court
Case No. 11 MISC 447384 (GHP) where a property was conveyed and mortgaged
contrary to the terms of the restriction. Assistant Attorney General John
Donnelly and Annie Rotner, Assistant General Counsel of the Department of
Housing and Community Development, who litigated the transaction for the
Commonwealth, will discuss the reasons for the Commonwealth's first action to
enforce its rights under an affordable housing restriction pursuant to G.L. c.
184, §32, the facts and complications of the case and its implications for
future cases and for DHCD's affordable housing policy. This brown bag
lunch discussion will provide affordable housing lenders and practitioners with
a fuller understanding of the Commonwealth's approach and objective in the
imposition and enforcement of its affordable housing restrictions.