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.
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:
| Type of Community |
Definition |
| Rapid Transit Community |
Community with a subway station within its border or within a ½ mile of its border even if there is one or more commuter rail stations or MBTA bus lines in that community |
| Bus Service Community |
Community with a bus station or MBTA bus stop within its border or within ½ mile of its border AND no subway station or commuter rail station in or within ½ mile of its border |
| Commuter Rail Community |
Community with a commuter rail station within its border or within a ½ mile of its border AND no subway station in or within a ½ mile of its border |
| Adjacent Community |
Community with no transit station within its border or within ½ mile of its border |
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.
| Type of Community |
Minimum multifamily units as % of total housing stock requirement |
| Rapid Transit Community |
25% |
| Bus Service Community |
20% |
| Commuter Rail Community |
15% |
| Adjacent Community |
10% |
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:
| Type of Community |
Community |
Multifamily % Required |
Total Housing Stock |
District’s Required Zoning Capacity |
| Rapid Transit Community |
Wellesley |
25% |
9,282 |
2,321 |
| Bus Service Community |
Swampscott |
20% |
6,326 |
1,272 |
| Commuter Rail Community |
Natick |
15% |
15,680 |
2,352 |
| Adjacent Community |
Easton |
10% |
9,132 |
913 |
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:
| Type of Community |
Action Plan Approval Deadline |
Multifamily Zoning District Adoption Deadline |
| Rapid Transit Community |
March 1, 2023 |
December 31, 2023 |
| Bus Service Community |
March 1, 2023 |
December 31, 2023 |
| Commuter Rail Community |
July 1, 2023 |
December 31, 2024 |
| Adjacent Community |
July 1, 2023 |
December 31, 2024 |
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.
by iwd Tina | Dec 17, 2021 | Housing News
Statement from CHAPA, MACDC, and MAHA
on American Rescue Plan Act housing spending in Massachusetts
December 7, 2021
We thank the Legislature for passing a bill that invests over $600 million from the Commonwealth’s American Rescue Plan Act (ARPA) Fiscal Recovery Funds into affordable housing. This funding will have a real impact on people’s lives by allowing us to quickly produce new affordable homes. We urge Governor Baker to sign this bill into law and put Massachusetts on a path to making homes more affordable and closing our racial homeownership gap.
This funding is a strong first step. And, we can do more. To fully capitalize on the opportunity presented by this once-in-a-generation investment from the federal government, we must continue down this path and invest an additional $600 million of the remaining ARPA funds into affordable housing.
Whether you are examining rents or home prices, Massachusetts is one of the highest-cost states in the country. The National Low Income Housing Coalition’s Out of Reach report ranks Massachusetts as the 3rd least affordable state for renters. And we have profound racial disparities in who gets to own a home in our state, with 70% of white households owning compared to just 35% of Black, Latinx, and Asian households. Those disparities extend to renters, with more tenants of color being cost-burdened than their white counterparts.
Given the level of housing stress that exists for so many Massachusetts families and our capacity at the state and local levels to create the homes we need, we should build upon Governor Baker’s proposal to spend $1 billion of ARPA funds on affordable housing. Massachusetts has been awarded $5.3 billion. There has never been a better moment to put our state on a path to equity by investing in affordable housing, particularly in communities of color.
By investing in housing and narrowing the racial homeownership gap, we can emerge from the pandemic stronger. Hundreds of families will be able to purchase their first home and start building for the future. We will be able to create the homes with the supportive services needed to help get people off the streets and recover. We can make our housing safer, healthier, more energy-efficient, and resilient to climate change. Thousands of current and future residents of public housing will benefit by ensuring these deeply affordable homes remain for generations to come.
We call on our state legislative leaders to pass a second ARPA spending bill by the end of this legislative session that commits an additional $600 million to affordable housing opportunities and closing the racial homeownership gap.
The urgent impacts of the COVID pandemic and the damaging legacy of racial injustice are putting our entire Commonwealth’s future at risk. We applaud the initial down payment of $600 million, which will make a difference in so many lives, but we must invest more in our communities before the end of the legislative session to ensure a better future for every Massachusetts resident.
by iwd Tina | Dec 17, 2021 | Housing News
Today, Citizens’ Housing and Planning Association (CHAPA) announced their selection of seven communities for their Municipal Engagement Initiative (MEI) 2022 cohort. MEI provides support and technical assistance to communities in their efforts to create coalitions in support of affordable housing. With local expertise at the forefront, MEI seeks to help municipalities develop unique, actionable strategies that work within the context of each community.
“Housing is critical to resilient, vibrant communities,” said Rachel Heller, CHAPA’s chief executive officer. “We are excited to support this cohort in actualizing their vision for their communities and bringing together different voices towards one goal: to create the equitable, healthy, and sustainable future we all want and deserve through affordable housing. All of Massachusetts benefits when every community says yes to housing.”
The three communities selected for the full MEI program are the City of Chelsea (in collaboration with the Anti-Displacement Roundtable), the Town of Milton, and the Town of Andover. Four communities selected for the MEI Lite program, which provides technical assistance on a range of focused efforts, such as helping communities to get started or helping communities expand their work, are the Town of Easthampton, the Berkshires Regional Planning Commission, the Town of Winchester (via the Network for Social Justice), and the City of Lowell (via Community Teamwork, Inc. and the Housing Choice Coalition).
“The Network is so excited about being chosen for this CHAPA initiative,” said Liora Norwich, executive director of the Network for Social Justice. “We are seeking to find new ways to build community engagement and support for the goal of diversifying Winchester’s housing stock. Through this work we want to build a strong grassroots coalition of people who are informed about the historical and present-day rationale for increasing affordable housing in our town, and are able to work with us to advance a strategy to build bridges around this issue.”
“On behalf of the Easthampton Affordable and Fair Housing Partnership, I am thrilled that Easthampton has been accepted into CHAPA’s Municipal Engagement Initiative,” said Janna Tetreault, the Chair of the Easthampton Affordable and Fair Housing Partnership. “Participating in this Initiative will help the city create and educate a broad and diverse coalition to support our affordable housing goals. This is crucial, as we hope to have more opportunities to build affordable housing in the future.”
Since its inception in 2018, MEI has partnered with fifteen communities over four cohorts using CHAPA’s statewide collaborative model. Past successes of the local coalitions who participated in MEI include Medford’s first Inclusionary Zoning Ordinance, the creation of a Revere Affordable Housing Trust, and the defeat of a ballot referendum to overturn approval of a multi-family housing development with significant affordable homes in Newton, as well as other zoning reforms and affordable housing developments.
“The Town of Andover is excited to partner with CHAPA to engage our community in purposeful conversations on the topic of housing and to advocate for housing policies that meet the needs of our community,” said Anthony Collins, associate planner in the Town of Andover Planning Division.
Interested communities submitted an application to CHAPA that demonstrated the need for community coalition building in their city or town, highlighting triggers such as new leadership, key initiatives launching, and increased opposition to affordable housing that would require a strategic response.
by iwd Tina | Dec 15, 2021 | Housing News
On December 15, 2021, the Department of Housing and Community Development (DHCD) released draft guidelines for the new multifamily zoning requirement for MBTA communities. Along with the guidelines, DHCD also posted information about technical assistance, upcoming webinars, the public comment period, and other supplemental information.
Please read CHAPA’s detailed summary of the draft guidelines.
Governor Baker signed the new law in January 2021 as a part of an Economic Development Bill. The law requires an MBTA community to have at least one zoning district of reasonable size in which multi-family housing is permitted as of right around public transit and that meets other criteria set forth in the statute. MBTA communities that do not create a zoning district that complies with the new law will be ineligible for funds from the MassWorks Program, the Housing Choice Initiative, and the state’s Local Capital Projects
DHCD will host an informational virtual webinar on the draft guidelines on Wednesday, January 12, 2022, at 1:00 p.m.
The Baker-Polito Administration will be soliciting input and feedback from key stakeholders over the next few months. DHCD will accept public comments on the draft guidelines through March 31, 2022.
DHCD plans to issue final guidelines in summer 2022.
