Massachusetts Supreme Judicial Court

Fairhaven Housing Authority v. Commonwealth

November 6, 2023

Summary

The court held that the governing statute authorizes the Department of Housing and Community Development to issue mandatory guidelines for local housing authority executive-director contracts and to withhold approval from contracts that do not conform to those guidelines. The court also held that the guidelines concern the internal management of local housing authorities and therefore are not regulations subject to the Administrative Procedure Act's formal rulemaking requirements. The court affirmed dismissal of the declaratory judgment complaint.