by iwd Tina | Jul 8, 2022 | Housing News
On July 7, the Department of Housing and Community Development (DHCD) posted a Notice of Funding Availability (NOFA) for an American Rescue Plan Act (ARPA) High Readiness Round. The NOFA can be viewed on COMMBUYS, the state’s online procurement record system.
According to the NOFA, DHCD will provide resources from ARPA fiscal recovery funds that the state authorized for affordable housing available to up to five multifamily rental projects that are highly ready to proceed. DHCD will accept applications on September 30. All applications must:
- Represent projects that have received all required zoning approvals and other major permits.
- Create new units.
- Represent projects with highly developed architectural materials.
- Include local matching funds or equivalent alternative sources of non-state funding.
- All applications must include a significant request for ARPA funds, with preference to applications for family housing projects.
Please review the NOFA for further eligibility requirements for projects.
Letters of Intent to apply are due to DHCD by July 21, 2022. Pre-applications will be due by August 15, 2022, and full applications will be due September 30, 2022. DHCD plans to make awards by November 15, 2022.
by iwd Tina | Jul 6, 2022 | Housing News
by iwd Tina | Jun 21, 2022 | Housing News
Everyone in Massachusetts deserves the opportunity to live in a safe, healthy, and affordable home in the community they choose. By focusing on the production and preservation of affordable homes, equitable planning in all of our cities and towns, and prosperity of our neighbors and communities,
we can begin to undo discriminatory policies and barriers that have perpetuated segregation and hindered generational wealth-building for decades. With these legislative priorities, we can help our state recover from the impacts of COVID-19 while moving forward on long-term solutions to the affordable housing challenges we faced before the pandemic.
Updated June 2022 – pdf version.
PRODUCTION & PRESERVATION
An Act relative to housing production (H.1448/S.871)
Sponsors: Representatives Andy Vargas and Kevin Honan & Senator Brendan Crighton
This legislation will increase the production of affordable homes, remove restrictive zoning barriers, and proposes innovative solutions for land use in Massachusetts by:
- Setting a statewide affordable housing production goal
- Requiring multi-family zoning around public transportation or other suitable locations in all municipalities
- Allowing inclusionary zoning bylaws to be enacted with a simple majority vote
- Allowing accessory dwelling units (ADUs) to be built by-right in every municipality
- Examining how underutilized commercial properties can be used for housing
- Prioritizing state-owned land for affordable housing
An Act restoring the Commonwealth’s public housing (H.1417)
Sponsors: Representative Kevin Honan
Decades of underfunding has left Massachusetts at risk of losing our public housing. This legislation will help restore the state’s public housing by allowing housing authorities to leverage new and additional resources for rehabilitation and redevelopment projects. This will help ensure that public housing will remain available for some of our most vulnerable residents.
An Act codifying the Massachusetts Rental Voucher Program (H.1428) An Act relative to the Massachusetts Rental Voucher Program (S.898) Sponsors: Representative Adrian Madaro & Senator Joan Lovely
This legislation would strengthen the Massachusetts Rental Voucher Program (MRVP) that currently serves almost 9,000 households. These bills would codify MRVP into state statute and make program improvements including reducing the tenant payment share, increasing administrative fees, requiring inspections, and improving data collection.
An Act providing for climate change adaptation infrastructure and affordable housing investments in the Commonwealth (H.2890/S.1853)
Sponsors: Representative Nika Elugardo & Senator Jamie Eldridge
Massachusetts is facing both an affordable housing crisis and a climate change crisis, unfortunately made worse by COVID-19. This legislation would double the deeds excise tax on the sale of real property and dedicate the estimated $300 million in annual revenue towards affordable housing and climate sustainability. The deeds excise tax is not only directly linked to rising real estate prices but it’s also an affordable and equitable way to generate revenue for the state of Massachusetts.
An Act empowering cities and towns to support affordable housing with a fee on certain real estate transactions (H.1377/S.868)
Sponsors: Representative Michael Connolly & Senator Joanne Comerford
This legislation would allow cities and towns the opportunity to enact a local transfer fee on real estate transactions in order to support affordable housing.
An Act reducing CPA recording fees for affordable housing (H.2899)
Sponsors: Representative Ann-Margaret Ferrante
This bill would reduce Community Preservation Act (CPA) recording fees for affordable housing in those cities and towns that have enacted the CPA.
PLANNING & PROSPERITY
An Act promoting fair housing by preventing discrimination against affordable housing (H.1373/S.867)
Sponsors: Representative Christine Barber & Senator Sonia Chang-Díaz
Massachusetts has high levels of residential segregation. Restrictive local zoning and permitting decisions have helped create and perpetuate these patterns based on race, socioeconomic status, and familial status. These bills would prohibit municipal and state discriminatory zoning bylaws, ordinances, and land use decisions.
An Act promoting housing opportunity & mobility through eviction sealing (HOMES) (H.4505)
Sponsors: Representative Michael Moran & Senator Joseph Boncore
As soon as an eviction case is filed, a tenant has an eviction record that can impact people’s ability to obtain housing, credit, and employment. These eviction records are publicly available forever, regardless of the outcome. This legislation will protect tenants from being unfairly branded with an eviction record if they don’t have a judgment against them, if they weren’t actually evicted, or if they didn’t do anything wrong. H.4505 would require the court to seal an eviction record:
- For tenants facing no-fault eviction after the conclusion of the case.
- For tenants facing a non-payment eviction within 14 days of satisfying a judgment.
- For tenants facing fault eviction after 3 years without another eviction case.
H. 4505 also makes it illegal for a tenant screening company or landlord to use or
report a sealed court record for purposes of screening a tenant.
by iwd Tina | Jun 14, 2022 | Housing News
On June 13, the Joint Committee on Economic Development advanced an Economic Development Bill (H.4864), originally filed by Governor Baker. The committee stripped $2.3 billion in federal American Rescue Plan Act funds from the bill. However, the bill still contains nearly $270 million in capital authorizations for affordable housing programs, a tripling of the Housing Development Incentive Program (HDIP), and reforms to increase housing authorities’ ability to rehabilitate and improve public housing. The bill is now before the Joint Committee on Bonding.
The Economic Development Committee expanded the increase to HDIP, increasing the program’s allocation from $10 million to $57 million for one year and then to $30 million for each year after that. The Committee also added a section that would reform the current receivership statute to allow the sale of properties put into receivership to a nonprofit entity if that nonprofit agrees to rehabilitate the property for affordable sale to a first time home buyer whose income is not more than 120% of the Area Median Income (AMI).
Summary of Housing Related Sections in 2022 Economic Development Bill
As reported out by the Joint Committee on Economic Development and Emergency Technologies on June 13, 2022
H.4864, An Act investing in future opportunities for resiliency, workforce, and revitalized downtowns (FORWARD)
Section &
Line Item |
Topic |
Description |
Amount |
§ 2A – 7002-8048 |
MassWorks |
Capital authorization for infrastructure development program |
$400,000,000 |
§ 2A – 7002-8051 |
Redevelopment of Blighted Properties |
Capital authorization for MassDevelopment program to improve, rehabilitate, or redevelop blighted, abandoned, vacant, or underutilized properties to eliminate blight, increase housing production, support economic development, and other activities |
$50,000,000 |
§ 2A – 7002-8052 |
Technical Assistance for Planning |
Capital authorization for technical assistance grants for municipalities and regional applicants to support planning and local initiatives related to community development, housing production, and other activities |
$5,000,000 |
§ 2A – 7002-8054 |
Rural Community Grants |
Capital authorization for rural and small towns with less than 7,000 residents to support economic development, job creation, and housing and climate resilience initiatives |
$10,000,000 |
§ 2B – 7004-0070 |
Community Based Housing |
Capital authorization for the development of integrated housing for people with disabilities with priority for individuals who are in institutions or nursing facilities or at risk of institutionalization. Summary of changes to program:
- Funds could only be used for development of community based housing and could not be used for the redevelopment of housing
- Directs that housing built using these funds are for individuals with mental illness or intellectual disabilities;
- Removes requirement that any housing built using these funds be integrated housing but a preference will remain for integrated housing
- Allows DHCD, Department of Mental Health (DMH), and CEDAC to identify resources and guidelines for CBH grants to promote private housing development to provide for independent integrated living opportunities, to write down building and operating costs and to serve households at or below 15% of area median income (AMI) for the benefit of DMH clients
- Creates $5 million pilot program of CBH or supportive housing loans to serve mentally ill homeless individuals in the current or former care of DMH
|
$32,100,000 |
§ 2B – 7004-0073 |
Housing Stabilization Fund |
Capital authorization for the acquisition, preservation, and rehabilitation of affordable housing, including foreclosed and distressed properties |
$73,100,000 |
§ 2B – 7004-0075 |
Public Housing Redevelopment Demonstration Program |
Capital authorization for demonstration program that allows public housing authorities to use innovative public housing finance tools to leverage new funds and partners to rehabilitate public housing and reduce ongoing capital costs |
$19,300,000 |
§ 2B – 7004-0076 |
Housing Innovations Fund |
Capital authorization to support the production of innovative and alternative forms of rental housing, including single person occupancy units, transitional and permanent housing for the unhoused, shelters for survivors of domestic violence, supportive housing, and housing for substance abuse recovery |
$29,500,000 |
§ 2B – 7004-0079 |
Housing at Transit Nodes |
Capital authorization for program that supports the creation of smart growth, affordable housing near public transportation |
$11,700,000 |
§ 2B – 7004-0081 |
Public Housing |
Capital authorization to help rehabilitate our state public housing stock. It allows local housing authorities to plan for capital improvements, renovations, abatement of hazardous materials, or to remodel homes for persons with disabilities. |
$95,200,000 |
§ 2B – 7004-0084 |
Climate Resilient Housing |
Capital authorization for program to support production and preservation of sustainable and climate resilient affordable multifamily housing |
$1,000,000 |
§ 2B – 7004-8026 |
40R Smart Growth Trust Fund |
Capital authorization for the Chapter 40R smart growth trust fund |
$6,900,000 |
§§ 12–26 |
Brownfields Redevelopment Fund Program Changes |
- Removes definition of “economically distressed areas” to allow grants to be made to projects not tied to the Massachusetts Oil and Hazardous Material Release Prevention and Response Act
- Adjusts definition of “priority projects” to allow 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 maximum award from $500,000 to $750,000 for projects to conduct environmental cleanup
- Increases maximum award from $100,000 to $250,000 for projects to conduct environmental site assessments
- Allows the 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
|
|
§§ 33–81 |
40R Changes |
Removes starter home zoning districts from Chapter 40R |
|
§ 83 |
Starter Home Zoning Districts – Ch. 40Y |
Creates Chapter 40Y for Starter Home Zoning Districts (“Districts”). Summary of changes to districts, as compared with 40R:
- Districts no longer need to be in eligible locations as defined by 40R. Districts can be anywhere in a municipality and do not need to be tied to a smart growth location
- 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 for each home built from the 40R Smart Growth Trust Fund
- DHCD may revoke approval of district and any incentive payment if no building permit is issued for any starter homes in the district within 5 years. This is an increase from the 3 year time period 40R currently allows
- Districts will not be eligible for 40S payments for any increased school costs
- 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. 40R currently requires that at least 20% of units be affordable to those at 80% AMI, with the option for municipalities to exempt projects with 12 or fewer units from these affordability requirements
|
|
§§ 86–88, 94–96 |
Brownfields Tax Credit Extension |
Extends the Brownfields Tax Credit program through 2028 |
|
§§ 82, 89–92, 97–99 |
Housing Development Incentive Program (HDIP) |
- Raises HDIP project cap to $3,000,000
- Raises the cap on HDIP from $10 million to $57 million for 1 year and then sets it at $30 million annually after that
|
|
§ 105 |
Receivership Statute |
Reforms the current receivership statute to allow the sale of properties put into receivership to a nonprofit entity if that nonprofit agrees to rehabilitate the property for affordable sale to a first time home buyer whose income is not more than 120% AMI |
|
§ 106 |
Public Housing Reforms – Capital Funds |
Adds definition of “capital funds” to the public housing statute, ch. 121B |
|
§ 107 |
Public Housing Reforms – Replacement Unit |
Adds definition of “replacement unit” to ch. 121B to describe the former public housing units that will be the affordable housing units at the rehabilitated development. |
|
§ 108 |
Public Housing Reforms – Borrowing Against Capital Funds |
Allows LHAs to borrow against their capital funds in order to leverage more resources for rehabilitation projects |
|
§ 109 |
Public Housing Reforms – Technical Amendment |
Technical amendment to ch. 121B that 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). |
|
§ 110 |
Public Housing Reforms |
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 |
|
§ 111 |
Public Housing Reforms |
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. |
|
§ 112 |
Public Housing Reforms – Technical Amendment |
Technical amendment to ch.121B |
|
§ 113 |
Public Housing Reforms – Technical Amendment |
Technical change to ch. 121B to address powers of a housing authority when it is not financially feasible to maintain units to a reasonable program standard for occupancy even if the units have not yet fallen below that standard. |
|
§ 114 |
Public Housing Reforms – Technical Amendment |
Technical correction to make clear that section 26(p) applies to certain types of dispositions as well as demolition. |
|
§ 115 |
Public Housing Reforms – Vacancy Requirement |
Changes the requirement that a unit must be determined to be vacant as of November 1, 2012, in order for a housing authority to seek DHCD approval to dispose of or demolish the unit to a requirement that the unit be vacant for a two year period before disposition or demolition. |
|
§ 116 |
Public Housing Reforms – 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. |
|
§ 117 |
Public Housing Reforms |
Exempts LHAs that do not own, lease, or manage any state-aided public housing units from DHCD oversight. |
|
§ 118 |
Public Housing Reforms – Retaining Proceeds |
Allows LHAs to retain the proceeds of the sale of any housing authority land for the purpose of rehabilitating other LHA property |
|
§ 119 |
Public Housing Reforms – Conforming Change |
Conforming change to allow disposition of LHA property |
|
§ 120 |
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 requirements |
|
by iwd Tina | Jun 13, 2022 | Housing News
by iwd Tina | Jun 3, 2022 | Housing News
On June 3, CHAPA, The Boston Foundation, Metro Housing|Boston, and the Regional Housing Network of Massachusetts released a brief memo, The Benefits of Rental Assistance as a Right, with information about the Massachusetts Rental Voucher Program and how we can chart a path for getting every eligible household the rental assistance they need. In addition to the memo, our organizations are working with The Center for State Policy Analysis to conduct further research to provide cost estimates along with strategies for effective implementation of getting rental assistance to all who qualify.
Below is the letter sent to each legislator in Massachusetts.
Dear Legislator,
On behalf of CHAPA, The Boston Foundation, Metro Housing|Boston, and the Regional Housing Network of Massachusetts, we are writing to share a brief memo with information about the Massachusetts Rental Voucher Program (MRVP) and how we can chart a path for getting every eligible household the rental assistance they need.
Housing is vital to our quality of life, our economy, and the stability of our neighborhoods. As our home prices and rents continue to escalate far faster than our incomes, there are many strategies that must be deployed to ensure every household can afford a home in the community they choose.
It is well documented that Massachusetts needs 200,000 new homes by 2030 to stabilize home prices and rents. Putting policies in place, such as requiring 175 communities served by the MBTA to zone for multifamily housing, will make a big impact, particularly for people with middle incomes. However, stabilizing home prices and rents that are already out of reach for so many people requires us to invest more deeply in the programs that assist people whose affordability challenges will not be solved by the market alone.
In October 2021, the Senate Committee on Reimagining Massachusetts endorsed a unique and promising new approach to achieve this: make rental vouchers available to all eligible residents.
Together, we can work to achieve this goal! In addition to the attached memo, our organizations are working with The Center for State Policy Analysis to conduct further research. In the months ahead, we expect to have cost estimates for a number of different approaches, along with strategies for effective implementation of getting rental assistance to all who qualify.
The Legislature has two opportunities before the end of this session to make progress on getting every resident the rental assistance they need:
- Include the strongest possible funding for MRVP in the final conference committee FY2023 budget; and
- Pass legislation that puts MRVP into statute. Passing An Act Relative to the Massachusetts Rental Voucher Program (H.1428/S.898) will lay the groundwork for growing this program into one that ensures every person who needs help paying rent receives it.
To ensure that every person in the Commonwealth has the foundation they need to thrive, we need to continue to invest in affordable housing production and preservation through Housing Bond Bills, federal ARPA funds, support our Public Housing, and make rental assistance available to every household who is eligible and cannot afford rent.
Thank you for your leadership and commitment to ensuring everyone in the Commonwealth has a safe, healthy, and affordable home in a community that they choose.
Please let us know if you have any questions or if we can provide any other information.
Sincerely,
Rachel Heller
Chief Executive Officer
Citizens’ Housing and Planning Association
Keith Mahoney
Vice President of Communications & Public Affairs
The Boston Foundation
Chris Norris
Executive Director
Metro Housing|Boston
Stefanie Coxe
Executive Director
Regional Housing Network of Massachusetts