CHAPA Submits Comments to HUD on Termination of AFFH Rule

CHAPA Submits Comments to HUD on Termination of AFFH Rule

 

On Friday, May 2, the Department of Housing and Urban Development (HUD) closed the public comment period on the termination of the Affirmatively Furthering Fair Housing (AFFH) rule.  AFFH is intended to combat discrimination and take meaningful actions that overcome patters of segregation and foster inclusive communities.

 

CHAPA was deeply disappointed with Secretary Scott Turner’s announcement earlier this year of the Administration’s intent to rescind the AFFH rule, thereby eliminating an important tool to increase fair housing choice for persons of all protected class groups.  CHAPA submitted a letter, cosigned by nearly three dozen organizations, urging preservation of the rule.

 

Fair housing is, and will continue to be, a top priority of and a key element in all of CHAPA’s work.  We are proud of the coalition of organizations that came together on this letter and we look forward to continuing to find opportunities to advance fair housing in Massachusetts and beyond.

FY2026 House Budget – Bad Housing Amendments

Massachusetts needs 222,000 new homes by 2035 and we need every tool available to reach that goal.  Unfortunately, there are several proposed amendments to the FY2026 House budget that would hold us back if adopted.

Please call your state representative and urge them to oppose these amendments when they are considered by the House this week:

#311 – Eliminates State Enforcement of MBTA Communities Act by removing the authority of the Attorney General to enforce the MBTA Communities Act. This change would have profound implications not only for the future of this law, but for the Constitutional authority of the Office of the Attorney General.

 

#572 – Allows Towns to Claim Compliance Without Meeting Requirements and demonstrates a fundamental misunderstanding of the MBTA Communities Act.  The law is not about what is on the land now – it is about what will be allowed to be built in the future. To produce homes that people, our communities, and the Commonwealth need, local zoning needs to allow for it.

 

#585 – Exempts Municipalities by Narrowing “MBTA Community” Definition, significantly limiting the number of new homes that could be permitted through the law and ignores the good-faith efforts made by nearly four dozen adjacent communities and small towns to comply with the MBTA Communities Act.

 

#606 – Limits The Use of Grant Funding to Encourage Compliance, letting communities that choose not to do their part to address the Commonwealth’s housing challenges off the hook from the consequences established by the law.

 

#1196 – Repeals Chapter 40B, the Commonwealth’s most effective tool to create affordable housing.  Over the past 50 years, Chapter 40B has been responsible for creating nearly 70,000 homes across the Commonwealth. Losing this tool would make it exceedingly difficult to build homes that low and moderate income households can afford.

 

#1643 – Calls for the SJC to determine if Chapter 40B is constitutional, which ignores the history of previous rulings on the law. The SJC has heard many cases related to Chapter 40B and has consistently chosen not to determine the statute to be unconstitutional.

House Ways and Means Committee Releases FY2026 Budget Proposal

Just after noon today, the House Ways and Means released its budget for Fiscal Year 2026.  With state revenues coming in lower than hoped and a great deal of uncertainty at the federal level, legislators are faced with significant challenges in developing a spending plan for the state.

 

The housing items in the House Ways and Means proposal reflects these challenges.  While there were modest increases for some housing programs (MRVP, RAFT, Sponsor-Based Supportive Housing, and Access to Counsel were all funded at a higher level than in the Governor’s budget), others were level funded (AHVP and Unaccompanied Homeless Youth), and several other important programs were significantly cut (Housing Consumer Education Centers and Public Housing Reform).

 

Legislators have until Friday afternoon to file amendments to the Committee’s budget proposal, with the full House slated to debate the FY2026 budget starting the week of April 28.

 

A tracking grid of CHAPA’s budget priorities is available here.

Sens Warren and Markey Accepting Approps Requests for FY2026

Through Friday, March 31, senators Elizabeth Warren and Ed Markey will be accepting preliminary requests for Congressionally-Directed Spending (CDS) for Massachusetts-based projects in the FY2026 federal budget.  See below for communication from their offices:

Good afternoon:

On behalf of Senators Ed Markey and Elizabeth Warren, I am happy to share that our Senate offices are now accepting preliminary requests for Massachusetts-based projects for Fiscal Year 2026 Congressionally Directed Spending (CDS) items as well as programmatic funding and language requests. The requests must be submitted by Monday, March 31st, 2025, at 11:59 pm ETPlease read this entire email in full before submitting applications. Receiving funding through FY26 CDS could be unlikely, and we encourage anyone interested in applying to understand the parameters of this process before preparing an application.

Senators Markey and Warren use a joint application for all CDS requests. You only need to apply through one office’s portal, and your application will automatically be received and personally reviewed by both offices. Each office has a separate portal for programmatic and bill language requests.

The portals to apply can be found here:

Senator Markey: https://www.markey.senate.gov/fy-2026-appropriations-requests

Senator Warren: https://www.warren.senate.gov/fy2026-appropriations-requests

As you likely know, CDS is designed to provide one-time funding to high-impact, community-based projects in Massachusetts. Generally speaking, this is funding for a specific project in a specific location. CDS requests are restricted to a limited number of federal funding streams, and historically only tribal, state, and local governments and eligible non-profit entities are permitted to receive CDS funding.

A specific list of the CDS accounts and eligibility requirements for last year’s FY25 process is available here. Please note that the final FY26 guidance will likely differ from the FY25 guidance, and you may need to adjust your FY26 request in light of the final FY26 guidance. We will update our websites and forms accordingly when the FY26 guidance is available.

While funding projects through CDS is a federal funding option, applicants should also pursue other sources of funding. CDS is not a long-term option to stabilize an organization’s budget. Instead, it should be used for one-time projects that can be seen to completion with help from this funding, or to help establish new initiatives that will draw from funding sources other than CDS in the long-term. CDS funding is awarded only when an appropriations bill passes both chambers of Congress, and therefore is most suitable for projects that will be underway 1-2 years from now.

Our offices do not yet have formal guidance from the Senate Appropriations Committee regarding the timeline and criteria for the FY26 process including whether CDS will be accepted. However, in order to give applicants sufficient time to prepare CDS requests, Senators Warren and Markey are opening the FY26 request portal on a provisional basis. The FY26 CDS Applicant Form is subject to change pending final guidance from the Senate Appropriations Committee. This guidance will include a list of the types of projects and entities that are eligible for CDS in FY26. Our application portals will be updated when guidance becomes available.

Unfortunately, due to nuanced eligibility criteria and limited available funds, many requests will not be able to move forward, and not all projects that advance in the process will ultimately receive funding. There is no guarantee at this stage that CDS requests will ultimately be included in the FY26 spending bills. 

If CDS requests are ultimately included, it could be an 18-month long process, or longer, from the time of request to when your organization receives an award. We encourage applicants to keep these caveats in mind as they consider whether to apply and when preparing their applications for funding.

If you submitted a project for FY25 that has been included in one of the Senate’s FY25 Appropriations bills, please get in touch with staff about reapplying for FY26 if you have not already. Prior requests do not automatically carry over. Questions may be directed to appropriations@warren.senate.gov or appropriations@markey.senate.gov.

Thank you for your work on behalf of the people of our state – we remain committed partners in this effort. If you have any questions, please don’t hesitate to be in touch. We look forward to reviewing your applications.

-From the Offices of Senator Markey and Senator Warren

Legislature Makes Committee Assignments For 2025-26 Session

The legislative work in the State House got fully underway on February 25 with the appointment of committee chairs and committee members.

 

For the Joint Committee on Housing, Speaker Mariano and Senate President Spilka made significant changes with the appointment of two new chairs, Representative Richard Haggerty of Woburn and Senator Julian Cyr of Truro.  Representative Adrianne Pusateri Ramos will serve as the House Vice Chair.  Senator Lydia Edwards, Senate Chair of the Committee last session, will stay on as Senate Vice Chair in addition to her new role as Senate Chair of the Joint Committee on the Judiciary.

 

(CHAPA sends a thanks and congratulations to Representative James Arciero as he moves from his role as Housing Committee Chair for last session to a new leadership opportunity heading up the Joint Committee on Transportation.)

 

More coming in the next several weeks as bills that were filed in January will be getting new numbers and will be assigned to committees of jurisdiction.  Expect committee hearings to be scheduled starting in the next few weeks.

 

Lots to be done!