EOHLC Releases Additional Guidelines on MBTA Multifamily (3A) law

On August 17th, the Healey Administration issued additional guidelines to the MBTA Multi-family zoning law (3A). The guidelines add 13 state funding programs that MBTA communities will be eligible for upon achieving compliance and allow MBTA communities the option to require ground-floor commercial space in multi-family buildings in up to 25% of their multi-family districts. Because commercial requirements can drive up the cost of housing production and make projects unfeasible, communities are required to get approval from EOHLC before the community votes on the zoning proposal.

CHAPA is advocating for the Executive Office of Housing and Livable Communities (EOHLC) to quickly establish clear criteria for communities around this new option. With deadlines quickly approaching for communities to have their multi-family zoning districts in place, communities need a clear understanding of whether or not this option is something they should consider. All MBTA communities can continue to offer incentives for mixed-use development, such as allowing increased density and height to make mixed-use development possible.

Here is a summary of the revision to the guidelines:

1. Allow an MBTA community to “offset” the minimum multi-family unit capacity requirement in certain multi-family zoning district(s) by up to 25%, based on the unit capacity of a mixed-use zoning district that meets key requirements of Section 3A and the Guidelines, but for requiring a ground floor non-residential component. Such “offset” – only available where existing village-style or downtown development is essential to preserve pedestrian access to amenities – still requires a municipality to demonstrate the same total amount of unit capacity.

2. Protect the financial feasibility of achieving housing goals where mixed-use zoning requires groundfloor non-residential uses by (i) setting forth location criteria for mixed-use development districts and requiring that EOHLC has pre-approved the location before the MBTA community’s vote on its zoning changes; (ii) capping the percentage floor area of each development that may be required to be non-residential (ground floor only); (iii) requiring a broad mix of non-residential uses allowed as of right; and (iv) prohibiting minimum parking requirements for non-residential uses.

3. Allow MBTA communities to locate more housing in walkable and transit-oriented neighborhoods without jeopardizing existing non-residential resources and amenities. Many MBTA communities expressed a desire to locate districts in village-style or downtown neighborhoods but feared that allowing multi-family housing as of right in those areas could risk a loss of existing businesses and buildings. Many residents expressed a desire to live in village-style, downtown, and transit-oriented neighborhoods.

4. Add a list of thirteen discretionary grant programs to Section 9 to alert MBTA communities of additional grant programs that will consider compliance with Section 3A in making grant awards.

The programs added by the revised guidelines (in addition to the Local Capital Project Fund, Housing Choice grants, and MassWorks infrastructure grant)  are:

• Community Planning Grants
• Massachusetts Downtown Initiative
• Urban Agenda
• Rural and Small Town Development Fund
• Brownfields Redevelopment Fund
• Site Readiness Program
• Underutilized Properties Program
• Collaborative Workspace Program
• Real Estate Services Technical Assistance
• Commonwealth Places Programs
• Land Use Planning Grants
• Local Acquisitions for Natural Diversity
• Municipal Vulnerability Preparedness (MVP) Planning and Project Grants

Refer to the detailed language of the guidelines.

CHAPA, MHC, and MLRI Statement in Support of the Healey-Driscoll Administration’s Call to Action for Families Experiencing Homelessness

The Massachusetts Coalition for the Homeless (MCH), Citizens’ Housing and Planning Association (CHAPA), Massachusetts Law Reform Institute (MLRI), and the undersigned organizations support the Healey-Driscoll Administration’s efforts to expand resources for shelter, housing, and other resources for families experiencing homelessness in Massachusetts. We affirm the Administration’s commitment to preserving access to the Commonwealth’s Emergency Assistance family shelter system for all eligible families with children. We are also grateful for the broad call to action to support newly arrived immigrant families. We stand ready to share our knowledge and assistance in these efforts in the days and weeks ahead, and we offer key recommendations today.

We believe there are immediate actions available to alleviate the current crisis, uphold human dignity, and invest in long-term housing solutions that expand deeply affordable and permanent supportive housing. With the state’s leadership, together we can and must:

  • Help families swiftly move out of Emergency Assistance and other temporary shelter programs into permanent affordable housing
  • Strengthen homelessness prevention resources to ensure that more families and individuals can maintain housing stability
  • Expand available services for newly arrived immigrant families and improve service coordination for all families experiencing homelessness

The fiscal year 2024 state budget, signed into law on August 9th by Governor Healey, includes new tools and resources that will move us in the right direction. The budget provides record funding to keep Emergency Assistance shelters open, strengthens the HomeBASE diversion and rehousing program, provides additional long-term housing subsidies through the Massachusetts Rental Voucher Program, includes policy changes to make housing more affordable for residents with low incomes, and reinstates Chapter 257 eviction protections to prevent unnecessary evictions for renters applying for emergency rental assistance. We call on the Administration and Legislature to take the next steps to bring these service, housing, and prevention resources to scale through supplemental appropriations, passing an Affordable Housing Bond Bill with increased investments in deeply affordable housing, and deploying federal resources, such as the remaining American Rescue Plan Act funds.

We also know that money alone is not enough to end the emergency. In addition to mobilizing communities, businesses, organizations, and individuals, we call on the state to take bold, creative, and coordinated action to intensify efforts to help families move out of shelter into housing, strengthen homelessness prevention resources, expand available services to all families experiencing homelessness, and target supports to newly arrived immigrant families. In doing so, we call on the Commonwealth to bring key stakeholders to the table and uplift the experiences and expertise of families and communities most affected by the crisis.

We offer our assistance towards achieving the shared goal of ensuring that every family has a safe, affordable, and permanent place to call home and the safety of shelter while awaiting those housing opportunities. We know we can come together for a strong Commonwealth for all.

Sincerely,

Massachusetts Coalition for the Homeless
Kelly Turley
Associate Director
kelly@mahomeless.org

Massachusetts Law Reform Institute
Andrea M. Park
Director of Community Driven Advocacy
apark@mlri.org

Citizens’ Housing and Planning Association
Rachel Heller
Chief Executive Officer
rheller@chapa.org

 

Endorsing Organizations (in alphabetical order):
Abby’s House
Arise for Social Justice
Berkshire County Regional Housing Authority
Berkshire Housing
Berkshire United Way
Casa Myrna Vazquez, Inc.
Catholic Charities Worcester County
Central Massachusetts Housing Alliance
Central West Justice Center
Chicopee Public Schools
Citizens’ Housing and Planning Association
Community Action Agency of Somerville, Inc.
Craig’s Doors
Domus Incorporated
El Colibrí
Eliot Community Human Service
Everett Haitian Community Center (The EHCC)
Family and Community Resources, Inc
Family Health Center of Worcester
Family Promise North Shore Boston
FamilyAid
Greater Boston Legal Services
Greenfield Housing Authority
Greening Greenfield
HarborCOV
Housing Families Inc
Housing Justice for Survivors, Legal Services Center of Harvard Law School
I.C. Solutions LLC
Immigrant Family Services Institute
Independence House Inc.
Jane Doe Inc. (JDI), The MA Coalition Against Sexual Assault and Domestic Violence
Jewish Alliance for Law and Social Action
Jewish Family Service of MetroWest LUK, Inc.
Massachusetts Alliance of Portuguese Speakers (MAPS)
Massachusetts Coalition for the Homeless
Massachusetts Immigrant and Refugee Advocacy Coalition
Massachusetts Law Reform Institute
Massachusetts Public Health Association
Metro Housing|Boston
MetroWest Legal Services
My Life My Choice
New Lease for Homeless Families
Northeast Justice Center
Northern Middlesex Council of Governments
One Family
Pine Street Inn
Regional Housing Network of Massachusetts
Rosie’s Place
Salasin Project
SEIU Local 509
South Shore Resource and Advocacy Center
Spanish American Center, Inc.
St. Clare of Assisi Catholic Community
Stop Bullying Coalition
The Rian Immigrant Center
United Way of Massachusetts Bay
Valley Community Development
Vasquez Mary Kay
Veterans Inc.
Way Finders
Western Massachusetts Network to End Homelessness
Women’s Money Matters
Worcester City Councilor Etel Haxhiaj
Worcester City Councilor At-Large Thu Nguyen
Worcester Community Action Council
YWCA Central Massachusetts

Governor Healey Signs FY2024 Budget

Legislature Passes FY2024 Budget

On July 31st, the House and Senate passed a roughly $56 billion dollar budget (H.4040) for fiscal year 2024 which began on July 1st. The Legislature has also passed a second interim budget to continue the government payroll and operations through August while Governor Healey reviews the FY2024 budget.

Please refer to the CHAPA Budget Priority chart for funding amounts for affordable housing. Below is the summary of some critical programs:

  • Mass. Rental Voucher Program (MRVP) – MRVP is funded at $179 million along with language to:
    • Establish a payment standard aligned with Section 8 up to 110% Fair Market Rent or Small Area Fair Market rent
    • Allows use of a higher payment standard as a reasonable accommodation or otherwise at the discretion of the executive office
    • Cap the tenant rent share to 30% of their income towards rent when using the payment standard
    • Allows a tenant to choose a unit with rent above the payment standard, while also allowing the tenant rent share beyond 40%
    • Carry forward the unspent funds from FY23 bringing the MRVP total allocation at ~$200 million.
  • Alternative Housing Voucher Program (AHVP) – AHVP is funded at $16 million  along with language to:
    • Allow project-basing of AHVP vouchers, similar to MRVP
    • Allow AHVP maximum rents use up to 110% of the Small Area Fair Market Rent
    • Carry forward the unspent funds from FY23 bringing the AHVP total allocation at ~$26 million.
  • Residential Assistance for Families in Transition (RAFT) – The Legislature funds RAFT at $190 million. The Legislature also establishes a $7,000 cap for RAFT benefit over a 12-month period.
  • Public Housing – The Legislature allocates $107 million in funding for the Public Housing Operating line item. It also adds language to exempt Local housing authorities and non-profits from any funding cuts through the Local Capital Projects Fund (LCPF) if the communities they are based in are not compliant with section 3A of the MBTA Multifamily zoning law.
  • HomeBASE – The Legislature allocates $37 million for HomeBASE. The language increases the benefit amount to $30,000 over a 2-year period and allows EOHLC the discretion for an additional $15,000 benefit for another 12-month period for stabilizing a household.
  • CPA – The Legislature did not include any transfers to the Massachusetts Community Preservation Trust Fund in this budget.
  • Chapter 257 – The FY2024 included the Chapter 257 protections for pausing evictions in cases of non-payment of rent if the tenants had an ongoing RAFT application.

Please refer to CHAPA’s detailed language analysis of the Legislative Budget for FY2024.

CHAPA thanks Senate President Spilka, House Speaker Mariano, Chairman of Ways & Means Committee, Sen. Rodrigues and Rep. Michlewitz, Members of the Ways & Means Committee, Chairman of Housing Committee, Sen. Edwards and Rep. Arciero, and all the legislators for historic investments in affordable housing priorities.

Line-Item Program FY2024 Requests Conference Budget Senate FY24 Budget House FY24 Budget FY24 Gov’s Budget FY23 Budget
7004-9024 Mass. Rental Voucher Program $250,000,000 $179,597,023* $179,597,023* $173,247,567* $168,247,567 $154,000,000
7004-9030 Alternative Housing Voucher Program $26,000,000 $16,863,078** $16,863,078** $14,108,528** $14,108,528 $13,685,355
7004-9316 Residential Assistance for Families in Transition $250,000,000 $190,000,000 $195,000,000 $180,602,462 $162,602,462 $150,000,000
7004-9005 Public Housing Operating $184,000,000 $107,000,000 $107,000,000 $102,000,000 $92,000,000 $92,000,000
7004-3036 Housing Consumer Education Centers $10,185,000 $10,474,000 $8,974,000 $9,700,000 $8,774,000 $9,700,000
7004-9007 Public Housing Reform $7,700,000 $1,315,000 $1,250,000 $2,200,000 $2,200,000 $1,000,000
7004-0104 Home & Healthy for Good $8,390,000 $8,890,000 $6,390,000 $8,890,000 $4,162,300 $6,390,000
7004-0108 HomeBASE $60,000,000 $37,070,445 $39,570,445 $42,070,445 $42,070,445 $59,411,201
7006-0011 Foreclosure & Housing Counseling $3,050,000 $3,050,000 $3,050,000 $3,050,000 $1,500,000 $3,050,000
7004-3045 Tenancy Preservation Program $2,000,000 $2,042,755 $2,042,755 $2,042,755 $2,042,755 $1,800,000
4120-4001 MassAccess Registry $150,000 $150,000 $150,000 $150,000 $150,000 $150,000
4000-0007 Unaccompanied Homeless Youth $12,000,000 $11,000,000 $11,000,000 $10,545,850 $10,545,850 $9,500,000
7004-0106 New Lease for Homeless Families $250,000 $250,000 $250,000 $250,000 $250,000 $250,000
NEW Fair Housing Trust Fund $1,500,000  
NEW Access to Counsel Program $7,000,000  

HUD Announces Stability (Housing) Vouchers to address Homelessness

On June 5th, the U.S. Department of Housing and Urban Development (HUD) announced housing vouchers to address homelessness among people in unsheltered settings and in rural communities across U.S. HUD is awarding $45 Million for 3,379 Stability Vouchers to 135 public housing authorities and partnering Continuum of Care (CoC) communities across the United States.

Massachusetts is set to receive 54 Stability Vouchers with $1,395,162 in funding. These grants and vouchers comprise a new kind of package of federal resources to help communities make continued progress in reducing homelessness. The Stability Voucher Program makes Housing Choice Voucher (HCV) assistance available through a competitive process to PHAs who are partnering with local Continuum of Care (CoCs) and/or Victim Service Providers to assist households experiencing or at risk of homelessness, those fleeing or attempting to flee domestic violence, dating violence, sexual assault, stalking, human trafficking, and veterans and families that include a veteran family member that meets one of the proceeding criteria.

For more details, visit HUD’s official announcement. The full list of PHAs to receive funding is available here

Senate Ways & Means includes LIHTC in the latest Tax relief bill

On June 8th, the Committee on Senate Ways & Means unveiled its proposal for a Tax relief bill S.2397 An Act to improve the Commonwealth’s competitiveness, affordability, and equity. This bill includes raising the state’s Low-Income Housing Tax Credit (LIHTC) program authorization by $20 million for a total annual allocation of $60 million.

The Massachusetts LIHTC awards tax credits to investors in affordable multifamily rental projects. It encourages private investment in affordable housing and allows developers to finance part of the cost of the development with equity invested by local corporations and individuals to help keep rents low. LIHTC is a critical resource in many affordable housing projects across Massachusetts. Here is the full summary of the Senate Ways & Means proposal of the bill.

The Legislature has appointed a Conference Committee to reconcile the differences between the two versions of the bill:

The Tax bill also includes the following tax changes:

  • Extension of Brownfields Redevelopment Tax Credit to 2028
  • Increase to the availability and size of grants/ loans from the Brownfields Redevelopment Fund
  • Exclusion of grant/ loan from the Brownfields Redevelopment Fund that has not been repaid from net response and removal costs
  • Increase in Housing Development Incentive Program (HDIP) tax credit annual cap from the current $10 million to $30 million for 2024 and beyond
  • Increases HDIP annual cap to $57 million only for the calendar year 2023
  • Increase in Rental Deduction cap from $3,000 to $4,000
  • Increase in the Earned Income Tax Credit (EITC) from 30% to 40%
  • Increase in Child & Dependant Tax Credit (CITC) from $180 to $310 per child/ dependant and removes cap on number of eligible children/ dependants
  • Increase tax credit for full lead paint abatement to $3,000 and $1,000 for a partial abatement
  • Increase in maximum available Title V septic tax credit from $6,000 to $18,000 and increase in the amount claimable per year from $1,500 to $4,000
  • Increase in the senior circuit breaker tax credit cap from $750 to $1,500
  • Allow municipalities to adopt local property tax exemption for real estate rented by a person with income less than 130% AMI
  • Exemption of estates valued under $2 million from estate tax and eliminate tax cliff by establishing uniform credit of $99,600 for all estates subject to estate tax.

The House version of the Tax bill did not include HDIP or LIHTC provisions.