On April 1, Governor Baker signed a supplemental state budget for FY2022 that $100 million in additional funding for emergency rental assistance through the RAFT program. The budget also extends renter protections through March 31, 2023, that pauses eviction cases for tenants who have a pending application for emergency rental assistance.
CHAPA’s Comments on Draft Guidelines for MBTA Communities submitted to the Executive Office of Housing and Economic Development on March 31, 2022.
Dear Secretary Kennealy,
On behalf of Citizens’ Housing and Planning Association (CHAPA), I am writing to share CHAPA’s comments on the draft guidelines to implement Section 3A of M.G.L. Chapter 40A, the state’s Zoning Law.[1]
CHAPA is pleased that the draft guidelines meet this historic moment by creating a path forward for producing the 200,000 homes the Commonwealth needs by 2030 and allowing for continued growth to meet our needs in the future. The draft guidelines prioritize the creation of new homes close to public transportation and ensure communities make decisions about where they will guide development. The draft 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.
CHAPA respectfully submits the following comments 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.
CHAPA asks that the final guidelines be amended to prioritize and emphasize housing affordability. CHAPA recognizes that zoning remains a key barrier to creating affordable housing. Section 3A will open up the opportunity for more affordable housing development by creating zoning in communities to allow multifamily housing as of right. However, the guidelines should be amended to state that housing affordability is a priority and to make it easier for MBTA communities to both comply with Section 3A and create affordable housing.
The Governor signed Section 3A into law to produce new, high-density, mixed-income housing near public transportation.[2] The guidelines should explicitly include this goal to create housing affordable across all incomes. In order to achieve this, CHAPA suggests that language be added to Section 3 of the guidelines, General Principles of Compliance. Specifically, the first bullet under Section 3(b) should be amended to:
The third bullet under this same section should also be amended to:
This added language acknowledges that MBTA communities should take into consideration the creation of affordable and mixed-income housing when implementing the requirements of Section 3A.
The guidelines should also be amended to explicitly state that 40R affordable overlay districts will meet the requirements of Section 3A. Massachusetts is fortunate to have Chapter 40R as an existing zoning tool for MBTA communities to use that complies with Section 3A, provides additional resources to communities and their schools, and increases our supply of affordable housing.[3]
Many of the provisions of Section 3A parallel Chapter 40R. For example, 40R overlay districts must meet certain smart growth characteristics, including as of right densities of at least 20 units per acre for multifamily housing, and location requirements for the district to be, in most cases, within a ½ mile of a transit station.
Recognizing that a 40R district of the appropriate size will allow an MBTA community to comply with Section 3A would provide certainty and resources to these communities. Specifically, CHAPA suggests amending the guidelines in the first sentence of the second paragraph of Section 5(a) to: “An overlay district, including an overlay district for multifamily housing created under Chapter 40R, is an acceptable way to achieve compliance with Section 3A…”
Technical Assistance offered to communities to help implement Section 3A should also include information on all available tools and resources available to create affordable housing in these multifamily districts. For example, communities should be encouraged to adopt inclusionary zoning bylaws in order to ensure that some portion of any new multifamily housing created in these districts includes affordable housing. Technical assistance could include model inclusionary zoning bylaws and support drafting an inclusionary bylaw that meets the unique needs of each community.
Massachusetts has a variety of existing resources and funds that can help create affordable housing in these new zoning districts. These include, but are not limited to: American Rescue Plan Act Fiscal Recovery Funds; locally controlled funds from the Community Preservation Act or municipal affordable housing trusts; Chapter 40R; and capital resources dedicated to creating transit-oriented affordable housing. Information on these resources should also be provided to communities as they implement Section 3A.
CHAPA asks that the guidelines be amended to reflect that all MBTA communities must comply with Section 3A and that compliance is not optional.
As the law states, “An MBTA community shall have 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…”[4] As the Department of Housing and Community Development (DHCD) recognizes, “the word ‘shall’ indicates that the legislature intended to require all MBTA communities to have a multi-family zoning district.”[5]
In order to achieve this, CHAPA asks that the third paragraph in Section 1 of the guidelines be amended to, “The purpose of Section 3A is to require encourage MBTA communities to adopt zoning districts where multi-family zoning is permitted as of right, and that meet other requirements set forth in the statute.”
Also, CHAPA asks that the third bullet in Section 3(b) of the guidelines be amended to:
The guidelines should also include that a potential effect of noncompliance may extend further beyond not being eligible for certain state grants and that a community could become subject to other legal liability. Specifically, CHAPA asks that Section 11 of the guidelines be amended to add, “Section 3A indicates that the legislature intended to require all MBTA communities to have a multi-family zoning district. Failure to comply may result in other legal liability.”
CHAPA also asks that the guidelines be strengthened regarding the Governor’s authority to withhold other state discretionary awards based on the compliance of an MBTA community with Section 3A. CHAPA appreciates that DHCD includes in the guidelines that DHCD may, in its discretion, take non-compliance into consideration when making other discretionary grant awards. However, these other grant awards should not be limited to only those administered by DHCD.
All state infrastructure and development-related funding should be prioritized for communities that zone for multifamily housing and that have effective inclusionary zoning in place, invest in affordable housing, establish 40R districts, or have additional policies in place that support long term affordable housing.
Under an existing Executive Order, the Governor has the authority to consider a city’s or town’s housing policies and practices when distributing development-related discretionary awards.[6] According to Executive Order 215, “It should be the general policy of all state agencies not to award discretionary funds to cities or towns which have been determined to be unreasonably restrictive of new housing growth.”
CHAPA asks that Section 11 of the guidelines be amended to include a reference to Executive Order 215 and to expand the list of state discretionary grants that an MBTA community may become ineligible for if it does not comply with Section 3A.
CHAPA suggests the following change to the last sentence of Section 11:
“Under Executive Order 215, all state agencies
DHCDmay, in theiritsdiscretion, take non-compliance into consideration when making other discretionary grant awards for development related assistance. Development related assistance may include, but is not limited to: economic development assistance; open space and recreation funds; technical assistance grants; municipal access improvements; transportation improvements; conservation land grants; elderly housing; sewer and water system grants; parking facility funds; convention center facility grants; federal grant funds for development-related activities; and the review of federal grant applications for development assistance.”
CHAPA asks that the final guidelines be amended to evaluate the unit capacity of a district based on the number of new homes that could feasibly be built to determine compliance rather than allowing existing zoning capacity to lessen the impact Section 3A. While CHAPA applauds communities that have had multifamily zoning on the books for many years, our need for new homes continues to grow. Allowing already built-out districts to count toward satisfying the requirements of the new law, as described in Section 5(b) of the guidelines, would undercut efforts to ensure every community is doing its part to meet demand and provide homes for current and future residents, and result in the guidelines falling far short of the intent of 3A, which is the creation of new homes.
CHAPA asks that the guidelines be amended to remind and educate MBTA communities that the new zoning districts must advance housing choice, equity, and fair housing. The Legislature passed Section 3A to increase housing choices in MBTA communities, particularly for families with children. Any new zoning should also increase equity by creating homes accessible to persons of all races, ethnicities, abilities, and incomes. Section 3A should be used to redress the racial inequity and disparate impacts of longstanding housing practices that have excluded people from many communities in the Commonwealth, including policies that continue to this day. If new zoning enacted in accordance to Section 3A does not allow for this, then housing choice has not been achieved.
MBTA communities must also follow all federal and state fair housing laws. CHAPA hopes that communities will consider how any new multifamily zoning district will further fair housing goals and avoid displacement or other negative impacts. Communities could look to Boston’s recently enacted affirmatively furthering fair housing zoning bylaw that requires an assessment of a development’s impact on the community.[7]
To help achieve this, CHAPA suggests that the guidelines be amended to add the following bullet to Section 3(b):
CHAPA asks that the guidelines be strengthened to ensure that new zoning districts are not simply transit-adjacent but truly transit-oriented. The core objective of Section 3A will not be met if new districts are functionally inaccessible because of distance, unsafe infrastructure, inaccessible entry points, or lack of sidewalks or safe crossing to transit stations. Through these guidelines, DHCD should aim to create “15-minute neighborhoods” that prevent sprawling patterns of development and encourage more compact village style development.[8] Compactness is an essential element of successful transit-oriented development, enabling residents to get to nearby amenities and the transit stop, and reducing reliance on cars in all aspects of daily life.
CHAPA asks that the guidelines be amended to explicitly include that the state recognizes its role as a partner to support MBTA communities as they implement and comply with Section 3A. We appreciate that the state, through DHCD and the Massachusetts Housing Partnership, has already begun to offer technical assistance and guidance to MBTA communities.[9]
CHAPA hopes that the state continues to develop even more robust technical assistance that may include resources like model bylaws for a compliant multifamily zoning district, best practices, fair housing training, or more specific technical assistance for communities facing specific challenges such as sewer capacity.
In order to recognize this partnership between MBTA communities and the state, CHAPA asks that the guidelines be amended to add the following bullet to Section 3(b):
CHAPA asks that DHCD prevents communities from using loopholes that may frustrate the purpose of Section 3A. DHCD should, in its process of determining compliance, take into consideration whether an MBTA community may have unreasonably limited its multifamily zoning district. Examples of this may include, but not be limited to: the use of conservation or historic preservation districts; resident selection preferences; siting on brownfields; unduly burdensome parking requirements; or infeasible inclusionary zoning requirements.
CHAPA also asks that the guidelines or other information provided by DHCD be updated to include answers to clarifying questions as MBTA communities implement Section 3A. These clarifying questions include, but are not limited to:
Offering additional clarity around these areas will make it easier for communities to understand and comply with the new law.
We know what is at stake if we do not 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.
Thank you for the opportunity to comment and for your consideration. Please do not hesitate to contact me with any questions.
As always, thank you for your leadership in helping everyone in the Commonwealth have a safe, healthy, and affordable home in a community of their choice.
Sincerely,
Rachel Heller
Chief Executive Officer
[1] Department of Housing & Community Development, DRAFT Compliance Guidelines for Multi-family Districts Under Section 3A of the Zoning Act (Dec. 15, 2021) https://www.mass.gov/info-details/draft-compliance-guidelines-for-multi-family-districts-under-section-3a-of-the-zoning-act.
[2] Office of Governor Charlie Baker and Lt. Governor Karyn Polito, Governor Baker Signs Economic Development Legislation (Feb. 9, 2021) (emphasis added) https://www.mass.gov/news/governor-baker-signs-economic-development-legislation-0.
[3] For more information on Chapter 40R, see CHAPA’s report, The Use of Chapter 40R in Massachusetts (2018) https://www.chapa.org/sites/default/files/TheUseofCh40R_2018.pdf.
[4] M.G.L. Ch. 40A, Sec. 3A(a) (emphasis added).
[5] Department of Housing & Community Development, MBTA Communities Frequently Asked Questions (updated Mar. 10, 2022) https://www.mass.gov/info-details/mbta-communities-frequently-asked-questions.
[6] See Executive Order No. 215, Disbursement of state development assistance (Mar. 15, 1982) https://www.mass.gov/executive-orders/no-215-disbursement-of-state-development-assistance.
[7] See Boston Planning and Development Agency, Affirmatively Furthering Fair Housing Article 80 (Dec. 17, 2020) http://www.bostonplans.org/housing/affirmatively-furthering-fair-housing-article-80.
[8] See Anne Calef, Luc Schuster, Tom Hopper, & Peter Ciurczak, 15-Minute Neighborhoods: Repairing Regional Harms and Building Vibrant Neighborhoods For All (Sept. 29, 2021) https://www.bostonindicators.org/-/media/indicators/boston-indicators-reports/report-files/15minfinal_lr_2021_11.pdf.
[9] For more information on technical assistance programs from MBTA communities, see Massachusetts Housing Partnership, MBTA Zoning & Complete Neighborhoods (accessed Mar. 31, 2022) https://www.mhp.net/community/complete-neighborhoods-initiative.
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.
| # | Program | Sponsor | Description |
| 15 |
RAFT cap to $10,000 |
Sen. Keenan | Increases funding to $200 million |
| 16 | RAFT | Sen. Keenan | Lifts the RAFT cap to $10,000 from the current $7,000 |
| 17 | Rollover RAFT funds | Sen. Keenan |
Allows carryover of unspent RAFT funds from FY2022 to next fiscal year
|
| 10 | RAFT | Sen. Gomez | Increases funding to $200 million |
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.
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 Joint Committee on the Judiciary favorably reported out the following CHAPA priority bill:
The following CHAPA priorities received extensions so that the committees can continue to work on the bills:
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.
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:
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.
