Community Engagement Technical Assistance for MBTA Communities

CHAPA is pleased to announce that we are now providing technical assistance for community engagement to all interested MBTA Communities seeking to comply with the Multi-family Zoning Requirements for MBTA Communities (Section 3A). Municipal staff, elected leaders, and board members are encouraged to apply. Participating communities will be divided into cohorts with comparable communities. These cohorts will meet monthly for direct support and peer to peer learning.

Cohorts will have access to a variety of resources, including one-on-one support from CHAPA’s MBTA Communities Engagement Manager. Areas of support could include meeting design and facilitation, effective messaging, graphic design, research, and much more depending on the needs of the participants.

Additionally, cohorts will have exclusive access to monthly webinars on topics such as casemaking and narrative change, strategizing for Town Meeting, press relations, designing walkable neighborhoods, and more.

Interested communities should fill out this form. If you have any questions, feel free to reach out to our MBTA Communities Engagement Manager directly at llinke@chapa.org. We look forward to working with you!

President Biden Signs FY2023 Federal Budget

On December 29, 2022, President Biden signed the $1.7 trillion FY2023 federal budget to keep the government running through the end of the budget year in September 2023. According to PBS NewsHour, the omnibus spending bill contains $772.5 billion in spending for domestic programs, a roughly 6% increase. Spending on defense programs rose by about 10% to $858 billion.

The budget provides an additional $8.1 billion, or $61.8 billion in total, for programs of the U.S. Department of Housing and Urban Development (HUD) compared to FY2022 spending. According to the National Low Income Housing Coalition, the budget includes enough funding to renew all existing Housing Choice Vouchers and Project-Based Rental Assistance and will expand rental assistance vouchers to an additional 12,000 households. Other programs also received increased funding, including Public Housing Operating Funds, Homeless Assistance Grants, Section 202 Housing for the Elderly, and fair housing programs.

The Community Development Block Grant program, HOME Investment Partnerships, and the Choice Neighborhood programs received level funding.

The Public Housing Capital and Healthy Homes programs received slight decreases in funding.

The final spending bill does not include a tax extenders package related to the Low-Income Housing Tax Credit (LIHTC) to extend the 12.5% allocation increase that expired in December 2021 and to lower the 50% bond threshold. Efforts to enact this tax legislation will likely continue into 2023.

 

DOER Releases Draft Regulation for Fossil Fuel Free Building Demonstration Program

The Department of Energy Resources (DOER) published a draft regulation and a model rule for public comment on the pilot program for the Municipal Fossil Fuel Free Building Demonstration Program.

The demonstration program allows up to 10 cities and towns to adopt and change zoning to require new building construction or major renovation projects to be fossil fuel-free. The Legislature included this pilot program as part of An Act Driving Clean Energy and Offshore Wind passed in July 2022.

The draft regulation provides a selection preference for cities and towns that meet the compliance guidelines for the MBTA multifamily zoning requirement of section 3A of chapter 40A of the Mass. General Laws. The selection criteria also include whether the community has demonstrated local support and whether there have been localized electric grid investments needed to support the demonstration program.

As required by the legislation, the regulation also includes that any participating community must have achieved on the following housing thresholds:

1. The municipality has met the 10% affordability threshold on the Subsidized housing Inventory;

2. The municipality has been granted safe harbor status from Chapter 40B through a valid Housing Production Plan; or

3. The municipality has an approved a zoning ordinance or by-law that provides for at least 1 district of reasonable size in which multi-family housing is permitted as of right; provided, that such multi-family housing shall be without age restrictions and shall be suitable for families with children, as evidenced by a determination of district compliance issued by the department of housing and community development pursuant to its guidelines implementing section 3A of chapter 40A of the General Laws.

DOER will host one virtual public hearing to receive verbal comments on the proposed regulation and model rule.

February 8th, 2023
2:00 pm – 4:00 pm
Participants will need to register beforehand. 

Interpretation services can be provided upon request. Please email a request to green.communities@mass.gov by January 27th, 2023.

Verbal testimony will be accepted at the hearing; however, all parties giving verbal testimony are requested to provide written copies of their testimony.

Written comments will be accepted until 5 PM on February 10th. Please submit written comments on the regulations to the Department of Energy Resources electronically to green.communities@mass.gov with the words TEN COMMUNITY DEMONSTRATION COMMENTS in the subject line. Alternatively, comments can be submitted via mail to Energy Efficiency Division, Department of Energy Resources, 100 Cambridge Street, 9th Fl, Boston, MA 02114.

Favorable Decision from the SJC on Eliminating Barriers to Affordable Housing Development under Chapter 40B Comprehensive Permits

On December 14, 2022, the Supreme Judicial Court (SJC) issued their opinion in the case of TERRENCE MARENGI et al vs. 6 FOREST ROAD, LLC et al (Marengi), in favor of the application of the bond provision to the comprehensive permit law. Marengi involves a group of abutters challenging an order requiring them to post a $35,000 bond to pursue their appeal of an approved 40B comprehensive permit in Salisbury. The abutters argued that the bond provisions of chapter 40A, § 17, do not apply to appeals of 40B comprehensive permits. The SJC found otherwise and concluded in its opinion, “At issue is whether the bond provision set out in G. L. c. 40A, § 17, applies to comprehensive permits issued under G. L. c. 40B, § 21, to promote low- and moderate-income  housing. We conclude that it does, as such permits are reviewed pursuant to G. L. c. 40A, § 17, and necessarily include, as in this case, site plans, which are referenced explicitly in the provision.”

In addition to the statutory “plain language” argument, the Court relied on the legislative history of Chapter 40B and the passage of the state’s Economic Development Bill of 2020, citing both Senators Brendan Crighton and Julian Cyr and their advocacy efforts to deter frivolous lawsuits that impede affordable housing production contemplated by the statute and needed by the Commonwealth.  Thanks to all 23 signers of our Amicus Brief!  The strength of this collaboration, including the Department of Housing and Community Development and 21 industry, non-profit and state partners was critical to this positive outcome. Not only was the opinion favorable to affordable housing advocates, but it picked up arguments directly from our brief in reference to site plan reviews and the legislative history!

The SJC did not rule on the specific bond determination in this case, but remanded the matter to the lower court to determine the application of the standard established by the SJC for imposing a bond.

The SJC Slip Opinion can be found here.

PRESS RELEASE: 240,000 More Massachusetts Households Could Receive Affordable Housing with Expansion of Existing State Rental Assistance Program, Report Shows

December 14, 2022 — BOSTON — A new report from a partnership of housing groups finds that Massachusetts could provide affordable housing for 240,000 families by investing in a statewide expansion of the state’s housing voucher program. The report, entitled A Right to Rental Assistance in Massachusetts, estimates that making the Massachusetts Rental Voucher Program (MRVP) available to all eligible households would cost $3.2 billion annually. The report answers critical questions about how the expansion of MRVP might work, how many could benefit, what it would cost, and how we could meet the implementation challenges. The Boston Foundation, MetroHousing|Boston, Citizens’ Housing and Planning Association (CHAPA), Regional Housing Network of Massachusetts (RHN), and the Massachusetts Chapter of the National Association of Housing & Redevelopment Officials (MassNAHRO) funded and informed the report. The Center for State Policy Analysis at Tufts University provided technical support.

“That Massachusetts has a challenge meeting its affordable housing demand is beyond question,” said Soni Gupta, associate vice president, neighborhoods and housing at the Boston Foundation. “But this report lays out a practical case for meeting that demand using a system that has already served hundreds of thousands of Massachusetts families – if we have the fortitude to treat housing as the human right it is.”

While MRVP remains the largest state-funded voucher program in the country, it serves less than 10,000 households at its current budget — a small percentage of the 585,000 individuals and families estimated in the report to be eligible for state and federal housing assistance. The $3.2 billion expansion of the program would reach an estimated 240,000 eligible for MRVP not already being served by other state and federal programs, taking into account that some households would not have eligible housing or opt not to apply for the program at any given time. The investment, while significant, compares favorably to other core priorities, such as universal preschool.

“The current mix of systems falls far short of what is needed to make affordable housing available to all people in Massachusetts,” noted Chris Norris, executive director of Metro Housing|Boston. “But research and experience show that filling that gap and creating a more cohesive system would reduce poverty and homelessness, improve children’s health and education outcomes, and create needed stability in the housing market, with the greatest impact on those with the lowest incomes.”

Key Findings 

The report found that expanding MRVP to all that were eligible would:

  • Bring the benefits of MRVP to a broader population of seniors, families, and other individuals with very low incomes, reducing poverty and homelessness while also increasing housing stability and family mobility.
  • Eliminate the distortions and deep unfairness that come with the current lottery and waitlist approach.
  • Reduce property owner discrimination against voucher holders since landlords who turn away eligible families would find themselves cut off from a huge new market.
  • Create new incentives to construct housing for voucher-holders with the assurance of a guaranteed government payment for all units.
  • Further racial equity in housing, as nearly half of Black families and 56 percent of Latino families would be eligible versus less than one in five White families.
  • Potentially save the state money in other areas, including homelessness assistance and emergency housing, which typically cost the state $300–$400 million per year.

“After these two strenuous years and counting, many of us are still struggling to stay afloat amidst the impacts of the pandemic,” said Reverend Myrlande DesRosiers, director of the Everett Haitian Community Center, an organization with extensive experience providing emergency housing support to people, especially immigrants, in the metro north region. “Adequate housing is essential for socioeconomic development and success. Providing rental vouchers will open a clear path to stable housing for all.”

The MRVP expansion would require a phased approach to allow new administrative methods to take root, adjustments based on data and best practices, and an integrated statewide approach to oversight and management. It would also likely need codification in the state’s general laws to reduce the year-to-year uncertainty of funding.

“To bring rents in newly developed buildings to levels that people with low incomes can afford, rental assistance is vital in bridging the gap. In the open market, rental assistance helps make more homes affordable too. It’s an economical and social imperative when housing costs far outpace wages and there’s an affordable housing shortage,” said Rachel Heller, chief executive officer of CHAPA. “Now is the time to build upon the Legislature’s investments in MRVP so that everyone can get the rental assistance they need.”

Today’s report release also serves as the initial launch of a campaign to bring universal rental assistance to Massachusetts. The campaign seeks to bring together housing, business, and other groups interested in strong and stable affordable housing programs to educate and inform policymakers and other leaders about this opportunity.

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Founded in 1915, the Boston Foundation is one of the most influential community foundations in the country. Partnering with community members, donors, the public sector, businesses and nonprofits, we aim to repair past harms and build a more equitable future for our city and region. Supported by the Annual Campaign for Civic Leadership, we publish research into current critical issues, convene people in public forums to discuss the city’s agenda and the region’s trends—and use our shared knowledge to advocate for public policies that promote equity and opportunity for everyone. TBF is also one of New England’s largest grantmakers, supporting nonprofits in Greater Boston through our endowment and working closely with our donors to support nonprofits locally, nationally and internationally.

Citizens’ Housing & Planning Association (CHAPA) is Massachusetts’s leading statewide affordable housing policy organization. Established in 1967, CHAPA advocates for increased opportunity and expanded access to housing so every person in Massachusetts can have a safe, healthy, and affordable place to call home in their chosen communities. For more information, visit www.chapa.org.

Serving more than 25,000 households annually, Metro Housing|Boston is dedicated to mobilizing wide-ranging resources to provide innovative and personalized services that assist families in avoiding homelessness, maintain housing stability, and achieve economic security. With more than 30 years’ experience piloting and implementing housing programs, it has solidified their position as an industry-leading expert on navigating the affordable housing field. Metro Housing|Boston is committed to making sure that every person in Greater Boston will always have a place to call home. Visit www.metrohousingboston.org.

The Regional Housing Network of Massachusetts (RHN) is a non-profit organization whose members deliver progressive, affordable housing solutions and education to families and individuals in every community in the Commonwealth. We partner with clients, landlords, elected officials, cabinet agencies, other funders, as well as advocacy organizations and legal services. RHN successfully advocates and serves its clients – often among the most vulnerable in the Commonwealth – by stabilizing households, ensuring that landlords are paid, tenancies are preserved, and that utility arrearages are cured, which leads to healthy, vibrant communities across all regions of Massachusetts. Visit https://www.masshousinginfo.org/regional-housing-network-massachusetts for more information.

The Massachusetts Chapter of the National Association of Housing & Redevelopment Officials (MassNAHRO) connects public housing agencies of all sizes, state and federal, to resources to achieve professional success through collaboration, education, and advocacy. MassNAHRO represents and advocates on behalf of the 242 local housing authorities in the Commonwealth that own and operate 43,000 units of state-subsidized housing that serve more than 70,000 low-income veterans, seniors, families, and people with disabilities. For more, visit massnahro.org.

Baker Administration Awards $93 Million for Affordable Housing

On December 8, the Baker Administration awarded $93.4 million to build 790 homes in 14 communities. The award included $29.4 million in funds from the American Rescue Plan Act (ARPA).

Governor Baker announced the awards as part of a housing roundtable discussion, which included CHAPA’s CEO Rachel Heller, about the Baker-Polito Administration’s progress in expanding access to housing in Massachusetts over the past eight years.

According the event’s press release, the following projects received awards:

Awarded Projects

McManus Manor (Acton) is a new construction project for seniors. The sponsor is the nonprofit Acton Housing Authority. DHCD will support the project with federal and state low-income housing tax credits and subsidies, including funds from the American Rescue Plan Act (ARPA). The Town of Acton also will provide local funding. Designed to Passive House certification standards, McManus Manor will offer 41 total units, all of which will be affordable to seniors earning less than 60% of Area Median Income (AMI). Eleven units will be further restricted for seniors earning less than 30% of AMI. The sponsor will provide supportive services to the new residents of the completed project.

1201 River Street (Boston) is a new construction project for seniors located in Boston’s Hyde Park neighborhood. The sponsor is the nonprofit B’nai B’rith. DHCD will support the project with federal and state low-income housing tax credits and subsidy funds. The City of Boston will support the project with local funding. Designed to Passive House certification standards, the completed project will offer 63 total units. All units will be affordable to seniors earning less than 60% of AMI, with 18 units further restricted for seniors earning less than 30% of AMI. The sponsor will offer supportive services to the new residents of the completed project.

Cape View Way (Bourne) is a new construction project. The nonprofit cosponsors are Housing Assistance Corporation and Preservation of Affordable Housing. DHCD will support the project, permitted through Chapter 40B, with federal and state low-income housing tax credits and subsidy funds, including funds from the American Rescue Plan Act (ARPA). The Cape Cod Consortium also is expected to provide additional local funding for the project. Designed to Passive House certification standards, the completed project will offer 42 total units. All units will be affordable to households earning less than 60% of AMI, with 16 units further restricted for households earning less than 30% of AMI, and in some cases, transitioning from homelessness.

62 Packard (Hudson) is a new construction project. The sponsor is the nonprofit Metro West Collaborative Development, Inc. DHCD will support the project with federal and state low-income housing tax credits and subsidy funds. The Town of Hudson will support the project with local funding. The project includes a multifamily building designed to Passive House certification standards as well as townhouses. When completed, 62 Packard will offer 40 total units, all of which will be affordable to households earning less than 60% of AMI, with 13 units further restricted for households earning less than 30% of AMI, and in some cases, transitioning from homelessness.

YWCA Residences at Ingalls Court (Methuen) is a new construction project. The sponsor is the nonprofit YWCA of Greater Newburyport. DHCD will support the project with federal and state low-income housing tax credits and subsidy funds, including American Rescue Plan Act (ARPA) funds. The City of Methuen will provide local funding in support of YWCA Residences. When completed, the project will offer 48 total units. All 48 units will be affordable to households earning less than 60% of AMI, with 16 units further restricted for households earning less than 30% of AMI and, in some cases, transitioning from homelessness.

10 at 8th Street (New Bedford) is a new construction project. The sponsor is Alinea Capital Partners. DHCD will support the project with federal and state low-income housing tax credits and subsidy funds, including American Rescue Plan Act (ARPA) funds. The City of New Bedford will support the project with local funding. When completed, 10 at 8th Street will offer 52 new units, all of which will be affordable to households earning less than 60% of AMI, with eight units further restricted for households earning less than 30% of AMI and, in some cases, transitioning from homelessness.

Amethyst Brook Apartments (Pelham) is a new construction project. The sponsor is the nonprofit Home City Development, Inc. DHCD will support the project with federal and state low-income housing tax credits and subsidy funds, including American Rescue Plan Act (ARPA) funds. The Town of Pelham will support the project with local funding. When completed, Amethyst Brook Apartments will offer 34 total units, all will be affordable to households earning less than 60% of AMI, with 11 units further restricted for households earning less than 30% of AMI and, in some cases, transitioning from homelessness.

White Terrace (Pittsfield) is a historic rehabilitation project. Three properties, which are significantly deteriorated, will be fully rehabilitated as housing by Regan Development Corporation. DHCD will support the project with federal and state low-income housing tax credits and subsidy funds. The City of Pittsfield will support the project with local funding. When completed, White Terrace will offer 41 fully rehabilitated units. All 41 units will be affordable to households earning less than 60% of AMI, with 16 units further restricted for households earning less than 30% of AMI and, in some cases, transitioning from homelessness.

Salem Schools (Salem) is a historic adaptive re-use project. Two vacant school buildings will be fully rehabilitated as senior housing by the nonprofit sponsor, North Shore Community Development Coalition. DHCD will support the project with federal and state low-income housing tax credits and subsidy funds, including American Rescue Plan Act (ARPA) funds. The City of Salem will support the project with local funding. When completed, Salem Schools will feature 61 total units. Fifty-six units will be affordable to senior households earning less than 60% of AMI, with 16 units further restricted for senior households earning less than 30% of AMI, and, in some cases, transitioning from homelessness. The sponsor will also provide supportive services to the new residents of Salem Schools.

Pointe Hills Farm (Shrewsbury) is a new construction project. The sponsor is WinnDevelopment. DHCD will support project with federal and state low-income housing tax credits and subsidy funds, including American Rescue Plan Act (ARPA) funds. The Town of Shrewsbury will support the project with local funding. The project will be designed to Passive House certification standards. Pointe Hills Farm will offer 93 total units. Fifty-six units will be affordable to households earning less than 60% of AMI, with 13 units further restricted for households earning less than 30% of AMI and, in some cases, transitioning from homelessness.

Elm Place (Swampscott) is a new construction transit-oriented project. The sponsor is WinnDevelopment. DHCD will support the project with federal and state low-income housing tax credits and subsidy funds. The Town of Swampscott will support the project with local funding. When construction is completed, Elm Place will offer 114 total units. Seventy-eight units will be affordable to individuals or families earning less than 60% of AMI, with 16 units further restricted for individuals or families earning less than 30% of AMI, and, in some cases, transitioning from homelessness.

Cloverleaf (Truro) is a new construction project. The sponsor is Community Housing Resource, Inc. DHCD will support the project with federal and state low-income housing tax credits and subsidy funds. The Town of Truro will support the project with significant local funding. When completed, Cloverleaf will offer 39 total units. Twenty-five units will be affordable to individuals or families earning less than 60% of AMI, with six units further restricted for individuals or families earning less than 30% of AMI, and, in some cases, transitioning from homelessness.

Leland House (Waltham) is a new construction project for seniors. The nonprofit sponsor is 2Life Communities. DHCD will support the project with federal and state low-income housing tax credits and subsidy funds, including American Rescue Plan Act (ARPA) funds. The City of Waltham will support the project with significant local funding. When completed, Leland House will offer 68 total units for seniors.  Sixty‑six units will be affordable to seniors earning less than 60% of AMI, with 17 units further restricted for households earning less than 30% of AMI and, in some cases, transitioning from homelessness. The sponsor, 2Life Communities, will provide support services to the new residents of Leland House.

RiverLofts at Cable Mills (Williamstown) is a new construction project. The sponsor is Mitchell Properties, LLC. DHCD will support the project with federal and state low-income housing tax credits and subsidy funds. The Town of Williamstown will support the project with local funding. When completed, RiverLofts will offer 54 total units. Twenty-seven units will be affordable to households earning less than 60% of AMI, with eight units further restricted for households earning less than 30% of AMI, and, in some cases, transitioning from homelessness.