by Jacob Love | Feb 18, 2026 | Housing News
On Friday February 13th, in partnership with Klein Hornig LLP, CHAPA submitted a comment letter opposing a proposal from the Department of Housing and Urban Development (“HUD”) to rescind the agency’s regulations related to disparate impact liability under the federal Fair Housing Act (“FHA”).
Disparate impact discrimination is a legally actionable form of housing discrimination under the FHA that occurs when a seemingly neutral policy harms one group of people more than others across a legally protected characteristic like race or sex. HUD’s disparate impact regulations outline a framework for determining when such housing discrimination has taken place.
Not only do these regulations help steer HUD’s enforcement of FHA protections against disparate impact discrimination, but they also provide guidance to housing providers on how to conform their practices and behavior to the law. Any withdrawal of the regulations will exacerbate housing discrimination by reducing both accountability and legal guidance under the FHA.
CHAPA’s comment letter highlights all of this for HUD. It also points out that: (1) HUD’s justification for the proposal hinges on a mischaracterization of Supreme Court precedent; and (2) any withdrawal of the regulations will violate HUD’s legal obligations to enforce the FHA and affirmatively further fair housing.
The letter ends by urging HUD to retain the regulations. The comment period concluded on February 13th and HUD must now review submitted comments before deciding whether to formally adopt the proposal.
by Jenna Connolly | Feb 12, 2026 | Housing News
Today, a host of organizations joined forces as signatories on an amicus brief defending the MBTA Communities Act. Attorneys from Citizens’ Housing and Planning Association (CHAPA), Lawyers for Civil Rights (LCR), and Nixon Peabody LLP submitted the brief to the Massachusetts Supreme Judicial Court, opposing the Town of Marshfield’s claim that the MBTA Communities Act is an unfunded mandate. CHAPA, LCR, and Nixon Peabody’s amicus brief reaffirms what the Court has already decided and what Massachusetts Attorney General Andrea Campbell has already made clear: noncompliance is not an option.
“CHAPA will continue to support using all the tools Massachusetts has—including the MBTA Communities Act—so everyone can find a safe, affordable home in the community they choose,” said Rachel Heller, chief executive officer of CHAPA. “Complying with this critical legislation puts the Commonwealth on the path to a bright future where everyone can thrive. The majority of MBTA Communities have already done so, with 166 out of 177 communities already in compliance.”
The Massachusetts Superior Court already rejected Marshfield’s argument as a flawed and legally non-binding determination from the State Auditor’s Division of Local Mandates (DLM) in June 2025. In that decision, the Court concluded that updating zoning codes and holding town meetings are regular functions of municipal government, meaning that the law’s requirement to adopt multifamily zoning districts does not create additional costs. Furthermore, Attorney General Campbell sued nine municipalities that were noncompliant as of January 2026.
“Massachusetts Courts have repeatedly confirmed that the MBTA Communities Act is the law of the land, and we expect the same outcome this time,” said CHAPA’s general counsel for policy, Jacob Love. “No community is exempt from the law. Allowing more homes in all MBTA Communities is a win for Massachusetts residents across the state and will help us meet the Commonwealth’s housing needs.”
While the law has seen unsuccessful ballot campaigns and previous legal challenges, a recent poll from MassINC Polling Group and Abundant Housing Massachusetts found that 79% of voters support building more homes near transit statewide.
“Exclusionary zoning has prevented necessary affordable housing development and perpetuated segregation in Massachusetts for far too long,” said Jillian Lenson, senior attorney at LCR. “All MBTA Communities must comply with their legal obligation to allow for more multi-family housing and open doors for residents who have been unjustly shut out.”
Signed into law by then-Governor Charlie Baker in 2021, the MBTA Communities Act requires all municipalities served by the MBTA to designate an area where property owners can legally build apartments, townhomes, and other types of mid-scale multifamily housing. Already, nearly 7,000 new homes have entered the pipeline in zoning districts adopted to comply with the MBTA Communities Act, providing potentially thousands of people—families, young adults, downsizing seniors, and more—with opportunities to find homes that fit their needs in Massachusetts.
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Citizens’ Housing & Planning Association (CHAPA) is the leading statewide affordable housing policy organization in Massachusetts. Established in 1967, CHAPA advocates for increased opportunity and expanded access to housing so every person in Massachusetts can have a safe, affordable, and welcoming place to call home in the communities they choose. For more information, visit www.chapa.org.
Lawyers for Civil Rights (LCR) is a non-profit organization that provides free legal services to individuals and families in Massachusetts. For over 50 years, LCR has fought against discrimination and sought equal opportunity for people of color and immigrants through creative and courageous legal action, education, and economic empowerment in collaboration with law firms and community partners. LCR represents clients in numerous impact areas, including housing discrimination. For more information, visit https://lawyersforcivilrights.org/.
Nixon Peabody LLP is an American Lawyer top-100 law firm in the United States and has offices worldwide. Our firm delivers exceptional service to our clients and our communities by combining high performance, entrepreneurial spirit, deep engagement, and an unwavering commitment to a culture of collaboration and humanity. Learn more at www.nixonpeabody.com.
by Jenna Connolly | Feb 4, 2026 | Featured News, Housing News
For more than 50 years, the Housing Choice Voucher (HCV) program–often referred to as Section 8–has been our country’s largest rental assistance program. As of September 2025, more than 92,000 Massachusetts households rely on HCVs. However, funding uncertainty and potential changes to the program, like time limits and work requirements, have threatened the stability of HCVs.
This report shows the program’s direct impact in addressing our state’s housing affordability challenges, promoting housing access and choice across the state, and easing the burden for many households with very low incomes, including working families.
Major Findings:
- 9.2% of all Massachusetts renter households rely on an HCV, compared to 5.6% nationally.
- HCVs are distributed throughout the state rather than concentrated in Boston—only 18% of mobile vouchers are used in the city.
- Mobile voucher holders are less likely to live in a high-poverty area than households in project-based units.
- Older adults and persons with disabilities head the majority of HCV households.
- Length of time in the program exceeds national numbers.
- The majority of “work-able” households are working; however, a not insignificant number show no reported wage income.
Read the full report on our website. Missed the webinar? Watch it in full on YouTube or view the slides.
by Jordan Stocker | Jan 29, 2026 | Housing News
Governor Healey has released her FY2027 (FY27) budget proposal, known as House 2 (H2). The proposal totals $60.114 billion in line-item spending excluding Fair Share surtax spending and the Medical Assistance Trust Fund, an increase of $2.015B (3.5%) over the FY26 General Appropriation Act (GAA).
Revenue & Budget
H2 is built on a $44.9B consensus tax revenue forecast (including $2.7B from the Fair Share surtax), with the remaining spending supported by other non tax revenue sources such as federal funds and other dedicated revenues.
A side-by-side overview of key housing line items, including FY26 GAA amounts, the Governor’s FY27 H2 proposal, and CHAPA’s funding asks, is available in CHAPA’s FY2027 Budget Tracker. The tracker will be updated as the budget moves through the House and Senate.
Affordable Housing Priorities
CHAPA is encouraged that, even in a tight fiscal environment, the Governor’s proposal continues to direct significant resources toward housing stability. The Administration highlights $1.2 billion in targeted investments at the Executive Office of Housing and Livable Communities (EOHLC).
Here are the funding levels for some of the key rental assistance and housing stability programs in the budget:
- MRVP (Massachusetts Rental Voucher Program) (7004-9024)
- FY26 GAA: $253,311,840
- FY27 H2: $278,341,728
- The Administration says this level is expected to support 11,500+ vouchers, including 340+ project-based vouchers.
- AHVP (Alternative Housing Voucher Program) (7004-9030)
- FY26 GAA: $19,461,214
- FY27 H2: $19,263,183
- The appropriation provide rental assistance through 890+ vouchers for persons with disabilities.
- Updated Budget language: Outside Section 72 updates the AHVP statute to better align with MRVP, confirms AHVP can be issued as mobile or project-based vouchers, and places AHVP under EOHLC’s voucher-program authority by regulation rather than in the public housing statute framework.
- RAFT (Residential Assistance for Families in Transition) (7004-9316)
- FY26 GAA: $207,477,715
- FY27 H2: $201,205,991
- A crucial short-term eviction-prevention program and homelessness prevention program serving about 47,000 households each year.
- HomeBASE (7004-0108)
- FY26 GAA: $57,322,001
- FY27 H2: $82,322,001
- A state housing stabilization program that helps families leave Emergency Assistance shelter and stay housed by providing temporary financial help (up to $30,000 over two years) and case management support.
Homelessness, Shelter, and Housing Stabilization
H2 recommends $150M for programs supporting individuals experiencing homelessness (a 9% increase above FY26 GAA).
Key shelter and stabilization items include:
- Winter Beds (7004-0111): $12M to support 800 additional shelter beds.
- Homeless Individual Shelters (7004-0102): $114M to enable 2,800 shelter beds, plus day programming capacity (about 600 people), outreach, meals, and other supports.
- EA (Emergency Assistance Family Shelter and Services) (7004-0101): $259M, a 6% decrease below FY26 GAA, alongside $5M for security and accessibility grants (including upgrades like cameras, door alarms, and lighting improvements).
- Family Shelter Diversion (7004-0110): $7.5M, described as a distinct diversion program using flexible financial assistance to help divert families from shelter.
Public Housing
For state public housing, the H2 proposal includes two main line items:
- Public Housing Operating (7004-9005)
- FY26 GAA: $115,600,000
- FY27 H2: $117,810,000
- Public Housing Reform (7004-9007)
- FY26 GAA: $1,250,000
- FY27 H2: $1,269,215
What’s next
The Governor’s proposal is the first step in a long budget process that now moves to the Legislature. While H2 maintains important housing investments, more must be done to meet the scale of housing need, especially as costs continue to rise and far too many Massachusetts residents struggle to find a home they can afford.
Over the coming months, CHAPA will be working with members and partners to advocate for the funding needed to address housing challenges across the Commonwealth. For a more detailed discussion of the Governor’s FY27 H2 proposal and to plug into shared advocacy strategy, please join the Building Blocks Coalition. The next Building Blocks Coalition meeting will be March 25th and you can register for the meeting here.
by Jenna Connolly | Jan 29, 2026 | Housing News
Today, Attorney General Andrea Campbell filed suit against the towns of Dracut, East Bridgewater, Halifax, Holden, Marblehead, Middleton, Tewksbury, Wilmington, and Winthrop, seeking to achieve full municipal compliance with the MBTA Communities Act. While the vast majority of MBTA Communities—165 out of 177—have already met the Act’s landmark multi-family zoning requirements, the nine towns named in this suit have violated the law by refusing to create districts for multi-family housing.
“With this lawsuit, Attorney General Campbell reaffirms her commitment to creating a Massachusetts where everyone can find a home they can afford in the community they choose,” said Rachel Heller, chief executive officer of Citizens’ Housing and Planning Association (CHAPA). “Massachusetts needs to build 222,000 homes by 2035 to meet the needs of residents, our neighborhoods, and our economy. We thank Attorney General Campbell for ensuring that every MBTA Community is following this important law that puts the Commonwealth on the path to a bright future where everyone can thrive.”
In the five years since Governor Charlie Baker signed the MBTA Communities Act into law, state agencies have offered municipalities ample time and resources to attain local compliance. The Executive Office of Housing and Livable Communities provided at least 157 MBTA Communities with more than $7.8 million in grants designed to help officials draft new zoning districts that align with their local needs and comply with state law. Additionally, CHAPA itself has provided direct technical support to over 80 communities, both to help them understand the law’s requirements and engage their communities in shaping multifamily districts.
“Massachusetts Courts have repeatedly confirmed that the MBTA Communities Act is the law of the land,” said CHAPA’s general counsel for policy, Jacob Love. “We expect a judge to swiftly rule in favor of the Attorney General and bring the nine named towns into compliance. Allowing more homes in MBTA Communities is a win for all Massachusetts residents and will help us meet the state’s housing needs.”
Already, nearly 7,000 new homes have entered the pipeline in zoning districts adopted to comply with the MBTA Communities Act, providing potentially thousands of people—families, young adults, downsizing seniors, and more—with opportunities to find homes that fit their needs in Massachusetts.
by Jordan Stocker | Jan 28, 2026 | Housing News
The Executive Office of Housing and Livable Communities (EOHLC) released a January 2026 memo that makes targeted changes to the current 2025–2026 QAP, which sets the state’s guidelines for awarding Low-Income Housing Tax Credits (LIHTC).
The memo extends the 2025–2026 QAP through 2027 so the same overall framework stays in place longer, with the goal of maintaining “as much consistency as possible” during an “ongoing period of unprecedented challenges.” It also clarifies that, aside from the specific amendments described in the memo and its attachments, the rest of the 2025–2026 QAP remains in full effect.
Key Changes
- Accessibility: The memo adds a new requirement for new construction elevator projects by requiring sponsors to include at least 10% fully accessible units, and it strongly urges sponsors of adaptive re-use and/or moderate rehabilitation projects to include more fully accessible units than code or statute requires.
- Green building standards (EGC and alternatives): The memo keeps Enterprise Green Communities Certification Standards (EGC) as the baseline sustainability requirement for LIHTC projects, but allows sponsors to request a written waiver to use a widely accepted comprehensive alternative standard, with LEEDv cited as an example.
- Passive House documentation: For sponsors pursuing Passive House certification, the memo allows an architect self-certification stating the project will meet EGC or an HLC-approved alternative, and it specifies that if Passive House is not achieved, the sponsor must still submit an architect certification that EGC or the approved alternative is met.
- Fees (Attachment #1): The memo states the LIHTC fee schedule has not changed for approximately 15 years and that HLC will require modest increases, with the modified fee schedule provided in Attachment #1.
- Federal changes (“The Reconciliation Bill”): The memo cites July 2025 federal legislation affecting 9% and 4% LIHTC, including approximately $3 million in additional 9% authority for Massachusetts during 2026 and 2027, and it notes that revised 4% LIHTC language is included in Attachment #2 and is effective immediately.
- Competition timing: The memo provides an updated schedule for funding rounds, including a first 2026 competition beginning with One Stop applications due March 19, 2026, an anticipated second 2026 competition with a NOFA in August 2026, and an anticipated 2027 high-readiness competition with deadlines to be announced later.
Next Steps
Members of the public who want to weigh in can contact Christopher LaGrutta at [email protected] to request the virtual hearing link and access instructions, participate in the 11:00 AM January 29, 2026 virtual hearing, and/or submit written comments before the hearing and for five business days afterward.
