#1 2009-11-23 19:46:25

BOSTON --
"  Unscrupulous Massachusetts developers are being accused of ripping off Massachusetts taxpayers while building affordable housing.

While there's a law that caps profits, a state watchdog told Team 5 Investigates Monday it hasn't stopped developers from pocketing more than $100 million.

A Braintree condo complex was built under chapter 40B, a law encouraging the development of affordable housing. But the city officials had questions.

"The math just wasn't adding up," said Braintree's Mayor Joe Sullivan.

Under the law, developers were supposed to be capped at 20 percent. Any excess profit was supposed to go back to the town.

"There was some outrage, some concern about whether or not we were treated well. We stepped up our oversight," said Joe Sullivan.

Braintree sued, and just won a $2.2 million dollar settlement.

The state's Inspector General Gregory Sullivan told Team 5 Investigates Kelley Tuthill that the Braintree case is just the tip of the iceberg.

"Now is the time to get the money back for the taxpayers," he said.

He said he believes developers owe cities and towns more than $100 million.

"The state agency that's responsible to enforce this has been essentially allowing this abuse to continue unchecked," he said.

He recently fired off a letter to the Department of Housing, demanding an independent accounting of nearly 300 40B projects statewide.

"In my estimation, they've become a defender of an industry in which some unscrupulous developers have ripped off the taxpayers and not enough is being done," said Gregory Sullivan.

He said his office's review of developers' reports showed incomplete information and falsified expenses.

But the Undersecretary of Housing and Community Development Tina Brooks said recent reforms have changed that.

"I do not see evidence of $100 million dollars missing from these projects," Brooks said. "We are already looking at these projects more carefully. Many of these cases have come to light because of reforms we've put in place."

Brooks said developers are now required to undergo independent audits.

"There is no project before us right now that is non complaint, that we know owes the community a dime," Brooks said.

But when Team 5 asked her why the town of Acton was suing a 40B developer for funds, Brooks was unaware of the lawsuit that was announced last month by the state's Attorney General.

The town of Billerica is also suing another 40B developer. According to the Inspector General's audit, Billerica is owed about $3 million in profits from the developer."

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The above story is from the Channel 5 news site. Looks like the state is finally discovering that the develpers have not been following the law relative to 40-B. Perhaps it was a good thing that we took the time to think about Westfield and didn't jump into a fisasco.

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