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Governor Baker Signs Economic Development Bill

by iwd Tina | Nov 10, 2022 | Housing News

On November 10, Governor Baker signed the Economic Development Bill into law. The Legislature sent the Governor a final bill on November 2, after months of delay following the end of the legislative session this summer. The Governor vetoed only $1.1 million from the $3.76 billion bill and several outside sections.

The Governor left in place all the affordable housing related spending and policy sections in the bill. This includes:

  • $100 million for homeownership production
  • $150 million for workforce housing
  • $100 million for the Affordable Housing Trust Fund
  • $1 million for acquisition of small properties for affordable housing
  • $20 million for the state Community Preservation Trust Fund
  • Public housing reforms to all for more redevelopment projects by providing an exemption for these projects from the filed sub-bid requirements

CHAPA thanks Governor Baker for signing the bill and including these critical resources.

Final Economic Development Bill Emerges from Conference

by iwd Tina | Nov 3, 2022 | Housing News

On November 2, a final Economic Development Bill (H.5374) emerged from its conference committee in the state Legislature. Uncertainty caused by an obscure tax rebate law triggered by stronger-than-expected tax collections delayed the bill’s progress since the end of formal legislative sessions on July 31, 2022.

The conference committee presented a slimmed down Economic Development Bill compared to the versions passed earlier this year by the House and Senate. The final bill dropped certain tax relief proposals and any capital spending approvals.

The House is expected to unanimously approve the bill on November 3 followed by the Senate before sending it to the Governor for his signature or vetoes.

There’s nearly $450 million from state funds and American Rescue Plan Act Fiscal Recovery Funds invested into housing programs, including for homeownership production, workforce housing, ELI housing, refugee assistance, acquisition, the CPA, and for an equitable developers fund.

The final bill also contains CHAPA’s top legislative priority on public housing redevelopment. The bill will exempt public housing redevelopment projects from the filed sub-bid requirements of our public construction laws. This is a critical step forward for preserving the state’s public housing!

Unfortunately, not all of our priorities made it into the final Economic Development Bill. The bill does not contain capital reauthorizations for affordable housing programs. The Legislature also dropped language that would have permitted Accessory Dwelling Units by-right in every city and town and language to seal certain eviction records. CHAPA will continue to work on securing these policies and resources as we begin the next legislative session in 2023.

CHAPA thanks Speaker Mariano, Senate President Spilka, House Ways and Means Chair Michlewitz, Senate Ways and Means Chair Rodrigues, and other members of the conference committee for their commitment to affordable housing. Thanks also to the entire House and Senate.


Summary of Housing Related Sections in Final Economic Development Bill (H.5374)

ARPA and General Funds Appropriations

Homeownership Production Funds for CommonWealth Builder Program to support production of affordable homeownership opportunities in socially disadvantaged communities $100,000,000
Workforce Housing Funds for workforce housing to create housing for incomes from 60–120% of the Area Median Income $150,000,000
Affordable Housing Trust Fund Funds to support production and preservation of rental homes affordable to very low- and extremely low-income households $100,000,000
Acquisition Funds for Small Properties Acquisition Funding Pilot to acquire of 1–8 unit residential buildings for affordable housing $1,000,000
Community Preservation Trust Fund Transfer to the state’s Community Preservation Trust Fund $20,000,000
Equitable Developer’s Fund Reserve for equitable developers’ financing program. Projects must be in a Gateway City, qualified census tract, or community disproportionately impacted by COVID. The developer/sponsor must be controlled by someone who has been socially or economically disadvantaged or disproportionately impacted by COVID. To be administered by MassHousing and/or MassDevelopment $50,000,000
Immigration & Refugee Assistance Funds to address the needs of immigrants and refugees to streamline access to shelter, housing, legal services, food, health care and additional support services for newly arrived immigrant families and individuals $20,000,000
Low Threshold Housing for the Homeless Funds for Health and Human Services to establish a regional low threshold housing for homeless or housing unstable individuals with substance use disorder $25,000,000

Public Housing Reforms

Filed Sub-Bid Exemption Exempts public housing redevelopment projects from ch. 149 filed sub-bid requirements but does not relieve such redevelopment from prevailing wage
Long Term Lease & Disposition Clarifies that an LHA’s power to undertake the disposition of property includes a disposition by a means other than sale (e.g., long-term lease)
Findings for Disposition Revises the findings that DHCD must make to approve a sale or disposition of a public housing project to create greater opportunity for redevelopment of existing public housing, while adding a requirement for one-for-one replacement
Procuring Redevelopment Partners Adds provisions permitting LHAs to procure developer partners for redevelopment projects through a competitive, qualifications-based procurement process that will allow the disposition of property to the selected developer without having to go through a separate land disposition process.
Retaining Proceeds Allows LHAs to retain the proceeds of the sale of any housing authority land for the purpose of rehabilitating other LHA property
Conditions for Redevelopment Requires, as a condition of sale or disposition of an existing housing project, that the redevelopment partner enter into a binding land use restriction, requiring compliance with public housing restrictions with respect to replacement units in perpetuity, except in limited circumstances for projects utilizing federal low income housing tax credits.

Brownfields Redevelopment Fund Changes

  • Allows grants to be made to projects not tied to the Massachusetts Oil and Hazardous Material Release Prevention and Response Act
  • Allows eligibility for projects that will receive substantial funds from the municipality even if those financial funds have not yet been received by the project
  • Increases max award from $500,000 to $750,000 for projects to conduct environmental cleanup
  • Increases max award from $100,000 to $250,000 for projects to conduct environmental site assessments
  • Allows grant applicant’s required 20% contribution to the project to be not only cash support but also in-kind services or other non-cash contribution
  • Expands list of entities eligible for grants to add non-profit entities in connection with a project that has demonstrable public benefit
  • Adds a preference for awards to be made to projects within 1 mile of an environmental justice population

Starter Home Zoning Districts

  • Creates Chapter 40Y for Starter Home Zoning Districts & removes these districts from Ch. 40R
  • Districts no longer need to be in eligible smart growth locations as defined by 40R
  • Districts no longer needs to be at least 3 contiguous acres
  • Districts will still be eligible for zoning incentive payments and $3,000 production bonus payments from the 40R Smart Growth Trust Fund
  • Districts may be enacted by a simple majority vote
  • At least 50% of starter homes in a district must contain 3+ bedrooms and districts may not impose any age or other occupancy restrictions
  • For any proposed development of 12+ starter homes, at least 10% of starter homes must be affordable for households at or below 110% AMI

Local Projects

  • $10 million for redevelopment of Mary Ellen McCormack Public Housing Community in Boston
  • $100,000 for CHAPA to support programming to eradicate racial discrimination in housing

Apply to be a Municipal Engagement Initiative Lite Community

by iwd Tina | Nov 3, 2022 | Housing News

We are pleased to announce that CHAPA is currently seeking additional communities on a rolling basis for our MEI Lite Program, a lighter touch program of our Municipal Engagement Initiative, that will help to set communities up for coalition building efforts on their own. Municipal governments and community organizations throughout the Commonwealth are encouraged to submit an application.

Applicants must submit an electronic copy of the application to Dana LeWinter, Director of Municipal Engagement, at dlewinter@chapa.org. Applications will be accepted on a rolling basis and may be prioritized based on when they are received or community fit.

To learn more about the eligibility criteria, go to https://www.chapa.org/about/programs/municipal-engagement-initiative

Revisions to MBTA Zoning Guidelines on Inclusionary Zoning

by iwd Tina | Oct 21, 2022 | Housing News

On October 21, the Department of Housing and Community Development (DHCD) posted revisions to the MBTA Zoning Guidelines regarding inclusionary zoning requirements.

According to a memo from DHCD, the Guidelines released in August 2022 include a section describing when an inclusionary zoning requirement would be consistent with the law’s requirement that there be a zoning district in which multi-family housing is allowed as of right. In response to feedback from municipal leaders in several MBTA communities, DHCD made limited revisions to the Guidelines to address the circumstances in which an inclusionary zoning requirement will be deemed in compliance with the law. Specifically, the revisions:

  1. Modify the definition of “affordable unit” to eliminate the requirement that affordable units be eligible for listing on the Subsidized Housing Inventory.  This modification gives communities the option to require a percentage of “workforce housing” units occupied by households earning more than 80% of area median income (AMI).
  2. Allow communities to set income limits for affordable units below 80% AMI, provided that a community demonstrates that a reasonable variety of multi-family housing types can be feasibly developed at the proposed affordability levels.
  3. Allow a community to require that more than 10% of the units in a project be affordable units (but not more than 20%), provided that the community demonstrates that a reasonable variety of multi-family housing types can be feasibly developed at the higher percentage.  The demonstration of economic feasibility is now required for all inclusionary zoning requirements above the permitted 10% threshold, including those that pre-date the Guidelines.
  4. Create an exception to the 20% cap on affordable units.  The new exception applies only to previously approved and adopted 40R “smart growth” zoning districts.  A community may amend an existing 40R district to comply with the Guidelines and retain an existing 25% affordable unit requirement.

According to DHCD, these revisions are intended to provide greater flexibility to MBTA communities committed to increasing multi-family housing production while meeting a local need for income-restricted units. DHCD does not anticipate making further revisions to the Guidelines.

AHVP to Begin Covering Last Month’s Rent

by iwd Tina | Oct 20, 2022 | Housing News

On October 20, the Department of Housing and Community Development (DHCD) announced that the Alternative Housing Voucher Program (AHVP) will begin covering last month’s rent starting on November 1, 2022.

In December 2021, DHCD began the new AHVP security deposit program, which paid for security deposit and first month’s rent for AHVP voucher holders to help mitigate the upfront leasing costs that often prevented program participants from renting a home with their voucher. Since the security deposit program begin in January 2022, leasing success rates for voucher holders have increased by 12% — this means 76 households with disabilities that have moved into a new home because of the security deposit program.

Given current program resources and the continued need for AHVP voucher holders to secure housing, DHCD is now making last month’s rent available through the AHVP security deposit program as well. DHCD anticipates that covering last month’s rent, in addition to the security deposit and first month’s rent, will further increase the success rate of voucher holders finding affordable homes.

CHAPA, MLRI, & MA Coalition for the Homeless Deliver Sign-on Letter to End Notice to Quit Requirement for RAFT Joined by 167 Organizations

by iwd Tina | Oct 17, 2022 | Housing News

On October 17, CHAPA, along with the Massachusetts Law Reform Institute and Massachusetts Coalition for the Homeless, delivered a sign-on letter to legislators and the Baker Administration advocating for ending the notice to quit requirement in the Residential Assistance for Families in Transition (RAFT) emergency rental assistance program. 167 organizations joined the letter asking to stop the harmful requirement.

RAFT is the primary resource for families and individuals to access funds to pay for back rent and avoid eviction in Massachusetts. With recent changes to the RAFT program, a family or individual can only receive assistance with back rent if they have already received a notice to quit from their landlord, which is the formal start of the eviction process. As of August 1, the Baker Administration began to require a notice to quit to access RAFT. This change prevents households from accessing resources earlier, makes it more difficult to work with landlords and owners to pay rent, and creates a harmful eviction record that can make it harder to find homes in the future.

Thank you to the 167 organizations who have already joined with us to reverse this harmful policy!

You can still join in the advocacy by sending a letter to your legislators! Go to: https://mahomeless.org/raft-ntq-action

You can read the text of the letter below along with the list of joining organizations.


October 17, 2022

Senate President Karen Spilka
Speaker of the House Ronald Mariano
Senate Ways and Means Committee Chair Michael Rodrigues
House Ways and Means Committee Chair Aaron Michlewitz
Members of the Massachusetts Legislature

Re: Take swift action to eliminate the notice to quit requirement in the RAFT homelessness prevention program  

Dear Senate President Spilka, Speaker Mariano, Chairperson Rodrigues, Chairperson Michlewitz, and Members of the Legislature:

We are very concerned about a recent change to the Residential Assistance for Families in Transition program (RAFT), the Commonwealth’s primary emergency rental and utility assistance program. The Department of Housing and Community Development (DHCD), which administers RAFT, implemented a new policy effective August 1, 2022 that requires families and individuals seeking RAFT assistance for overdue rent to first provide a “notice to quit” (NTQ) from their landlord in order to be eligible. The NTQ is not simply a letter, but rather the first legal step a landlord must take to evict their tenant. Requiring notices to quit for RAFT applications is preventing qualified households from accessing needed benefits, leading to preventable evictions, and forcing households further behind in rent, putting them at greater risk of homelessness.  

Service of the NTQ dramatically increases the chances of legal action against a tenant and has a number of collateral consequences. The NTQ is a legally required document that terminates the tenancy and provides notice of the landlord’s intent to file an eviction case in court. Once the NTQ has been served on the tenant and the notice period ends, the landlord can file the eviction case in court seeking to remove the tenant. For these reasons, many tenants immediately vacate an apartment after receiving a NTQ, and never seek access to rental assistance programs like RAFT. Additionally, many tenants – often the most vulnerable – are threatened or harassed by landlords for overdue rent but never receive a NTQ, and therefore would be ineligible for rental assistance. These tenants are often informally or illegally evicted.

For tenants who do not immediately vacate, the RAFT notice to quit requirement undermines the efforts and benefits of reaching tenants upstream to prevent evictions. Landlords often serve NTQs only after overdue rent has accrued, often beyond the current RAFT cap of $10,000. Therefore, an eviction that could have been avoided is now more likely because the NTQ was issued, and the tenant may no longer be able to access the eviction protections provided under Chapter 257 of the Acts of 2020.1 Furthermore, delays in RAFT processing times also mean that a NTQ period may run out before the application is processed, resulting in the filing of an eviction case that could have been avoided. This reduces the chances of resolving the case and  leaves the tenant with a permanent eviction record regardless of the outcome.

We are disappointed that DHCD implemented this notice to quit requirement, a significant policy change, without prior meaningful discussions with affected households, advocates, and communities. We call on the Legislature to include language in the FY22 close-out supplemental budget or other vehicle to expressly prohibit DHCD from requiring a notice to quit in order to access RAFT and allowing households to access more of the RAFT funds “upstream”, before having to begin the eviction process.2 Removing the notice to quit requirement will ensure that Massachusetts can build upon the lessons learned from the state’s recent experiences providing federally funded upstream Emergency Rental Assistance Program (ERAP) funds to renters during the height of the COVID-19 pandemic.

As advocates, shelter providers, public health practitioners, and people with lived experience of housing instability, we know that accessing RAFT can make the difference between having safe housing and entering homelessness. Given the increasingly desperate state of affairs for renters, with increasing prices and the sudden drop in available assistance, this policy is causing many families and individuals to fall further behind on rent and is undermining the homelessness prevention goals of RAFT. We call on you to act with urgency to eliminate the RAFT notice to quit requirement.

Thank you for your ongoing commitment to addressing and ending the homelessness and housing crises in Massachusetts.

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  
Eric Shupin
Director of Public Policy
eshupin@chapa.org

 

Endorsing Organizations (in alphabetical order):

2 Birds No Stones, LLC

Abundant Housing Massachusetts

Action for Boston Community Development, Inc.

Alfanso Dwight Claxton Foundation, Inc.

Allston Brighton Health Collaborative

Amherst Survival Center

Arise for Social Justice

Asian American Resource Workshop

Asian Community Development Corporation

BAMSI

Behavioral Health Network

Berkshire County Regional Housing Authority

Berkshire Housing Development Corporation

Berkshire United Way

Boston Area Rape Crisis Center

Boston Center for Independent Living

Boston Children’s Hospital

Boston Chinatown Neighborhood Center

Boston Housing Authority

Boston Medical Center

Boston Tenant Coalition, Inc.

Breaktime

Bridge Over Troubled Waters

Building A Better Wellesley

Cambridge Health Alliance

Cambridge Residents Alliance

Cape Verdean Association of Brockton

Capstone Communities LLC

Castle Square Tenants Organization

Central West Justice Center

Centro de Apoyo Familiar (CAF)

Charter Street Tenant Association

Children Services of Roxbury

Children’s HealthWatch

Chinatown Community Land Trust

Citizens for Affordable Housing in Newton Development Organization, Inc.  Citizens’ Housing and Planning Association

City Life/Vida Urbana

City of Cambridge, City Councilor Marc McGovern

City of Cambridge, City Councilor Paul Toner

City of Cambridge, City Councilor Quinton Zondervan

City of Cambridge, Mayor Sumbul Siddiqui

City of Cambridge, Vice-Mayor Alanna Mallon

City of Somerville, Mayor Katjana Ballantyne

City of Somerville, Office of Housing Stability

Commonwealth Community Developers, LLC

Community Action Agency of Somerville, Inc.

Community Action Pioneer Valley

Community Economic Development Center (CEDC)

Community Teamwork

Disability Law Center

Disability Policy Consortium

DOVE (Domestic Violence Ended), Inc.

Economic Mobility Pathways (EMPath)

Elder Services of Berkshire County, Inc.

Eliot Community Human Services

Elizabeth Freeman Center

Essex County Community Organization

Everett Haitian Community Center (EHCC)

Family ACCESS

Family Outreach of Amherst

Family Promise North Shore Boston

Fenway Community Development Corporation

Fenway Health

Franklin County DIAL/SELF, Inc.

Gandara Center

Gordon-Davisi

Greater Boston Legal Services

Greater Mattapan Neighborhood Council

Grow Food Northampton

Hadley Senior Center

Health Services for the Homeless

Higher Ground Boston

HomeStart, Inc.

Horizons for Homeless Children

Housing Clinic of the Legal Services Center of Harvard Law School  Housing Greenfield

Housing Opportunities for People Everywhere (HOPE) at Brown University  International Language Institute of Massachusetts

Jamaica Plain Neighborhood Development Corp

Jennie Lane Apartments

Jewish Alliance for Law and Social Action

Jewish Climate Action Network

Jewish Family & Children’s Service

Justice Center of Southeast Massachusetts

Justice for Housing, Inc.

Justice Resource Institute

La Colaborativa

Lawrence CommunityWorks

LifePath, Inc.

Lowell Alliance

Lynn Community Health Center

Lynn United for Change

Madison Park Development Corporation

Maloney Properties, Inc.

Mass General Brigham

Massachusetts Alliance of HUD Tenants

Massachusetts Association of CDCs

Massachusetts Coalition for the Homeless

Massachusetts Commission on Lesbian, Gay, Bisexual, Transgender, and Queer Youth  Massachusetts Communities Action Network

Massachusetts Fair Housing Center

Massachusetts Immigrant and Refugee Advocacy Coalition

Massachusetts Law Reform Institute

Massachusetts Public Health Association

Massachusetts Senior Action Council

Massachusetts Union of Public Housing Tenants

Massachusetts Voter Table

Mental Health Association

Metro Housing|Boston

Metropolitan Area Planning Council (MAPC)

Minuteman Senior Services

Mutual Aid Eastie

My Life My Choice (Program of Justice Resource Institute)

National Association of Social Workers, Massachusetts Chapter

NeighborWorks Housing Solutions

New England Learning Center for Women in Transition, Inc.

New England United 4 Justice

New Lease for Homeless Families

North Brookfield Cares 2 Help

Northeast Justice Center

Northern Berkshire United Way

On The Rise

One Family

Open Pantry Community Services

Opportunity Communities, LLC

Our Ancestors Church and Coven

Peabody Properties, Inc.

Plaster The Planet

Poor People’s United Fund

Progressive Democrats of Massachusetts

Progressive Massachusetts

Public Health Institute of Western Massachusetts

RCAP Solutions

REACH Beyond Domestic Violence, Inc.

Reclaim Roxbury

Recovery Coaches USA

Reflection Films

Regional Housing Network of Massachusetts

Residents Council for Elderly & Disabled Tenants of Quincy Housing Authority  River Valley Counseling Center

Rosie’s Place

SMOC Housing – Open Pantry Community Services

Somerville Community Corporation

Somerville Homeless Coalition

Southeast Center for Independent Living

Spring Meadow Association of Responsible Tenants, Inc.

Springfield No One Leaves

St. Andrew’s Episcopal Church, Diocese of Massachusetts

Stavros Center for Independent Living, Inc.

Stop Bullying Coalition

The Neighborhood Developers, Inc.

Together We Stand Corporation

Town Wide Belchertown Tenants Organization

Transition House

Trinity Management, LLC

Union of Minority Neighborhoods

United South End Settlements

United Way Mass Bay

Uniting Citizens for Housing Affordability in Newton

Valley Community Development

WATCH CDC, Waltham

Wellesley Housing Tenant

Western Massachusetts Network to End Homelessness

WinnCompanies

Women’s Lunch Place

YWCA Cambridge

 

cc: Governor Charlie Baker
Secretary Mike Kennealy, Executive Office of Housing and Economic Development
Undersecretary Jennifer Maddox, Department of Housing and Community Development

 

1 Chapter 257 of the Acts of 2020, as amended by Section 16 of Chapter 20 of the Acts of 2021, allows some tenants to seek a stay of eviction if they have applied for rental assistance. However, legal assistance often is required to get Chapter 257 protections, and courts generally will not grant the stay if the amount of rent owed exceeds the RAFT cap. Chapter 257 currently is scheduled to expire on March 31, 2023.

2 Such language could be modeled on language that was proposed as amendments to the FY23 budget and the economic development bill, such as “provided further, that to be eligible for funds or services from this [line item], it is not necessary for a household to be have received a shut-off notice from a utility company, notice to quit, or summary process summons and complaint or otherwise be subject to the summary process pursuant to chapter 239;”

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