Supplemental Budget with $100 Million for Emergency Rental Assistance Advances in Legislature

by iwd Tina | Mar 24, 2022 | Housing News

On Thursday March 24th, the Massachusetts Senate will be debating the FY2022 Supplemental budget proposal (S.2776). The Senate Ways & Means proposal includes $100 million for rental assistance through the Rental Assistance for Families in Transition Program (RAFT) same as the House allocation. The budget also extends renter protections that pause eviction cases for tenants who have a pending application for emergency rental assistance. These protections, which would have ended in April 2022, will now be in place through April 2023 (the House proposed the extension until March 2023).

CHAPA supports the following amendments for the Senate debate that would help expand RAFT allocation and increases the RAFT benefit amount.

Sign-on Letter Supporting ARPA Proposal for Zero Carbon Renovation Fund

by iwd Tina | Feb 28, 2022 | Housing News

Please join CHAPA in signing a letter in support of a proposed Zero Carbon Renovation Fund to allocate $250 million of the state’s ARPA funds to rapidly renovate the Commonwealth’s existing buildings to zero carbon.

SIGN THE ZERO CARBON RENOVATION FUND LETTER

This Zero Carbon Renovation Fund, administered through the Massachusetts Clean Energy Center, will result in deep carbon savings by transforming our existing buildings to be super energy efficient, all electric, powered by clean renewable energy, and renovated with low-embodied carbon materials.

The fund would be available for affordable housing, public housing, low- and moderate-income homes, and municipal buildings. Zero carbon renovations will also help ensure that the Commonwealth’s most vulnerable populations benefit from a just transition off of fossil fuels.

For more information, visit the Mass Climate Action Network (MCAN) website where you will find the sign-on letter, the Zero Carbon Renovation Fund proposal, and the Google Form to sign on in support of this investment.

This effort is being orchestrated in collaboration with many organizations, including: LISC-Boston, MACDC, CHAPA, MAPC, RMI, Massachusetts Sierra Club, Passive House Massachusetts, Acadia Center and New Ecology.

CHAPA’s Priority Bills on Affordable Housing Move Forward in the Legislature

by iwd Tina | Feb 3, 2022 | Housing News

On February 2nd, the Joint Committee on Housing, chaired by Senator Keenan and Representative Arciero, favorably reported out four of CHAPA priority bills. The following bills will likely move to the respective Senate and House Committees on Ways and Means chaired by Senator Rodrigues and Representative Michlewitz.

The following CHAPA priorities received extensions so that the committees can continue to work on the bills:

• An Act promoting housing stability and homelessness prevention in Massachusetts (H.1436/S.874)
  Sponsors: Representatives Michael Day and Dave Rogers & Senator Sal DiDomenico
  Recognizing the housing emergency exacerbated by COVID-19 and the severe public health risks associated with displacement, this legislation would prevent evictions and promote housing stability during the pandemic and over the long-term. The bills provide legal representation for tenants and owner-occupants with low incomes in eviction proceedings.
• 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 providing for climate change adaptation infrastructure and affordable housing investments in the Commonwealth (H.2891/S.1853)
  Sponsors: Representative Nika Elugardo & Senator Jamie EldridgeMassachusetts 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 give individual cities and towns the ability to decide for themselves whether to enact a real estate transfer fee (between 0.5%-2.0%) for the exclusive purpose of creating and supporting local affordable housing.

CHAPA’s priorities on Affirmatively Furthering Fair Housing (H.1441/S.861) and establishing a fair housing disparate impact standard (H.1854/ S.860) were sent to study and will not advance further this legislative session.

Fact sheet on CHAPA’s legislative priorities.

Governor Baker Releases FY2023 State Budget Proposal

by iwd Tina | Jan 31, 2022 | Housing News

On January 26, 2022, Governor Baker released his $48.6 billion state budget for FY2023 (H.2), which begins on July 1, 2022. According to Governor Baker, the budget would promote growth and support the ongoing public health response to COVID-19 while increasing total state spending by approximately 0.5% above Fiscal Year 2022.

The proposal would add $749 million to the state’s rainy day fund which will bring the total balance of the fund to $6.64 billion by the end of FY2023. The fund currently has a balance of $4.64 billion. This budget is submitted alongside a comprehensive tax relief proposal and proposes full funding for the Student Opportunity Act.

The Governor’s proposal includes increases to priorities like RAFT, and HomeBASE with reductions for rental assistance programs including Mass. Rental Voucher Program (MRVP) and Alternative Housing Voucher Program (AHVP).

For more information on the Governor’s budget proposal for affordable housing, homelessness prevention, and community development programs:

• Table with Overview of Governor’s FY2023 Budget
• Language Analysis of Governor’s FY2023

The budget process now turns to the Massachusetts Housing of Representatives. The House is expected to release its FY2023 budget proposal in April.

CHAPA will be working to expand and optimize the affordable housing, homelessness prevention, and community development programs for in the final FY2023 state budget to ensure access to safe and affordable homes to families during the COVID-19 recovery and beyond.

CHAPA Statement on the Draft DHCD Guidelines for MBTA Communities

by iwd Tina | Jan 6, 2022 | Housing News

On December 15, 2021, the Department of Housing and Community Development (DHCD) released draft guidelines on the new state law requiring MBTA communities to establish zoning for multifamily housing.

We are pleased that the guidelines meet this historic moment by creating a path forward for producing the 200,000 homes the Commonwealth needs. The guidelines prioritize the creation of new homes close to public transportation and ensure communities make decisions about where they will guide development. The guidelines also emphasize equity and fair housing by providing more choice through a diversity of housing types while requiring new housing to be suitable for families with children. These principles are critical to meet growing demand and plan for the homes we need at all income levels so that every community can prosper.

With these guidelines and technical assistance offered through the Massachusetts Housing Partnership, communities have important new tools to design their future and contribute to the Commonwealth’s growth. We are excited to partner with local communities in this collective work. Combined with the historic ARPA funds; increases in Community Preservation Act state funding; and existing state programs like Chapter 40R that provide financial support for allowing affordable housing near transit and town centers; we now have new guidelines, tools, and resources that communities can use to create new affordable homes and to offer additional options for people across income levels.

We know what’s at stake if we don’t meet this moment. Housing will continue to get more expensive. More people will be priced out of the neighborhoods they love. Embracing multifamily housing protects our environment, improves our overall health, and strengthens our local economies. It gives current and future residents more choice in where they want to live while remaining connected to their networks, their jobs, and essential resources. The new state law, together with these guidelines, provides the opportunity for our communities to grow stronger and healthier.

And, this is just the beginning. We call on every municipality to seize this moment to design an affordable, inclusive, and sustainable future by putting this new zoning in place and dedicating local funds towards affordable homes. Local ARPA funds, Community Preservation Act funds, inclusionary zoning, and 40R Smart Growth Districts are all tools we can use to not only build more homes for families near transit but to ensure they’re affordable, too. CHAPA will continue to advocate for increased resources at the state and federal levels to ensure affordability in all communities.

To learn more about the draft guidelines, read CHAPA’s summary and attend DHCD’s virtual webinar on January 12, 2022. Submit comments in support by March 31, 2022, to help ensure that the final guidelines remain as strong as possible for creating new opportunities for everyone to have an affordable home in the community they choose.

The choices we make today will determine our state’s future. Let’s seize this moment to make Massachusetts more inclusive and equitable through housing.

Summary of Draft Guidelines for MBTA Communities

by iwd Tina | Jan 5, 2022 | Housing News

Download pdf Version of Summary 

The zoning reforms Governor Baker enacted as a part of the Economic Development Bill in January 2021 year created a requirement that MBTA communities have at least one zoning district of reasonable size in which multi-family housing is permitted as of right and meets other criteria, including:

• Minimum gross density of 15 units per acre
• No age restrictions
• Suitable for families with children
• Not more than ½ mile from a commuter rail station, subway station, ferry terminal or bus station, if applicable

On December 15, 2021, the Department of Housing and Community Development (DHCD) issued draft guidelines to implement and comply with this new requirement for MBTA communities.

Below is a summary of the draft guidelines, as interpreted by CHAPA. As we learn more from DHCD about the guidelines, this document will be updated. Please visit the DHCD’s webpage on the draft guidelines for more detailed information.

Permitting Multifamily Housing as of Right

To comply with the law’s requirement that the new zoning districts allow multifamily housing “as of right,” the draft guidelines prohibit the zoning from requiring any discretionary permit or approval to construct or occupy that housing.

The draft guidelines allow site plan review so long as this review is not used to deny a project allowed as of right or to impose conditions making a proposed project infeasible or impractical.

Definition of Multifamily Housing

The draft guidelines define “multifamily housing” as a building with:

• Three or more residential units; or
• Two or more buildings on the same lot with more than one residential unit in each building.

Determining “Reasonable Size”

To determine what is a “reasonable size” for a district, DHCD will take into consideration both the area of the district and the district’s multifamily unit capacity. The draft guidelines require a district to:

• Be at least 50 contiguous acres; and
• Have a unit capacity to meet or exceed certain unit requirements based on the municipality’s assigned category of MBTA community.

The draft guidelines allow an overlay district to achieve compliance with this requirement, so long as the overlay is not a collection of small, non-contiguous parcels and at least one portion of the overlay is at least 25 contiguous acres.

Categories of MBTA Communities

The draft guidelines separate the 175 MBTA communities into four categories based on the level of public-transit service in that city or town:

Zoning Capacity Requirements for Multifamily Districts

The draft guidelines set specific unit counts for a district’s multifamily zoning capacity–or the number of units of multifamily housing that can be developed as of right within the district.

A community’s unit count is calculated based on its category of transit service, with a greater obligation for communities with higher levels of transit service.

The draft guidelines assign a unit capacity of 750 to MBTA communities that would otherwise have a capacity lower than 750 units based on the percentage of total housing in that community.

See this chart for multifamily unit capacity for each MBTA community.

The zoning district should take into consideration the amount of developable land and other limitations and requirements of state and municipal zoning ordinances or bylaws, wastewater infrastructure, the state environmental code, and other known limitations. The guidelines direct communities to adjust the zoning districts accordingly to achieve the set zoning capacity, which may include changes to a district’s boundaries or applicable dimensional requirements.

The draft guidelines note that the multifamily zoning capacity is not a mandate or requirement to build any specified number of housing units.

Examples of each category of community:

15 Units Per Acre Minimum Density

The law requires that a multifamily district have a minimum gross density of 15 units per acre. To comply with this requirement, the draft guidelines clarify that the zoning legally and practically allows for a district-wide gross density of 15 units per acre.

The draft guidelines allow MBTA communities to establish sub-districts with different density requirements within the multifamily districts, provided that the gross density for the district as a whole is not less than 15 units per acre.

Housing Suitable for Families with Children

In order to comply with the law, the draft guidelines prohibit zoning districts from being age-restricted to those 55+. The zoning must also be suitable for families with children. To achieve this, the draft guidelines prohibit any legal restrictions on the:

• The number of bedrooms
• Size of bedrooms
• Number of occupants

Location of Districts

The law requires districts to be within ½ miles of a transit station, if applicable. The draft guideline allows the distance to be measured from the boundary of any parcel of land of that transit station, such as an access roadway or parking lot.

For communities with some land within a ½ mile of a station, the draft guidelines require that a substantial portion–or at least half–of the multifamily district be located within that distance.

For communities with no land within a ½ mile of a station, the multifamily district should, if feasible, be located in an area with reasonable access to a transit station or in an area near an existing downtown or village center.

Compliance of a Community with the MBTA Multifamily Requirement

DHCD will make determinations of compliance upon request from an MBTA community.

Full Compliance: An MBTA community may receive a determination of full compliance when a multifamily district meets all the requirements of the law. For communities seeking a determination of full compliance, a community must provide DHCD with certain information on the multifamily zoning district that the community has already enacted or amended.

Interim Compliance: A community may receive a determination of interim compliance for a limited amount of time to allow the community to plan for and pass a multifamily district to achieve full compliance.

For communities seeking a determination of interim compliance, a community must take certain affirmative steps towards creating a compliant multifamily zoning district. These steps include sending certain notice to DHCD, creating an action plan, implementing the action plan, and adopting a zoning amendment.

The draft guidelines set forth the process and required information for MBTA communities to submit to DHCD in order to request determinations of compliance.

Timeframe for Compliance Submissions

To remain in interim compliance in 2022, sets deadlines for certain steps for MBTA communities.

By May 2, 2022, a community must:

• Include a presentation on the draft guidelines at a meeting of the Select Board, City Council, or Town Council;
• Complete and submit a Community Information Form; and
• Submit updated parcel maps to DHCD.

By December 31, 2022, a community must either:

• Submit a request for a determination of full compliance; or
• Notify DHCD that there is no existing/compliant multifamily zoning district and submit a proposed action plan by certain deadlines.

Deadlines to submit action plans and adopt zoning changes differ based on the category of MBTA community:

A community must submit a request for determination of compliance to DHCD within 90 days of adopting the zoning amendment.

A determination of full compliance shall be valid for 10 years and can be renewed upon approval by DHCD.

Effect of Non-Compliance

Failure to comply with the multifamily zoning requirements would make a community ineligible for funds from:

• Housing Choice Grants;
• Local Capital Fund Projects; and
• MassWorks Infrastructure Program

DHCD may, in its discretion, take non-compliance into consideration when making other discretionary grant awards.

Public Comment Period

The public comment period to solicit feedback on the draft guidelines is open until March 31st, 2022. Submit Written Comments.

Informational Webinar

DHCD will host a virtual webinar on the draft guidance on January 12, 2022 at 1 PM Via Zoom. Register here.

Technical Assistance

Massachusetts Housing Partnership will be providing technical assistance to communities as they work to comply with the MBTA multifamily zoning requirements.