by Jenna Connolly | Jan 28, 2025 | Housing News
Following the end of a public comment period that ended earlier this month, the Executive Office of Housing and Livable Communities (EOHLC) has released final regulations related to definitions and details about the administration of the Accessory Dwelling Unit (ADU) provisions of the Zoning Act. The regulations will become final when they are published in the Massachusetts Register, which is expected to happen at the end of this week.
The final ADU regulations are largely the same as the draft proposal that was released in December. Among the changes are:
- Clarification that municipalities cannot restrict occupancy of ADUs to familial relations of the primary residence owner.
- An allowance for municipalities to more stringently restrict the use of ADUs as short-term rentals.
- Prohibition on requirements by municipalities for separate utility or sewer hookups for ADUs unless required by a utility provider.
- Prohibition on the requirement of environmental standards for ADUs that are more stringent than those required of traditional single-family homes.
- Allowance for ADUs in non-conforming structures.
- No minimum lot sizes.
- Dimensional standards and setbacks cannot be more stringent than for primary residences on non-conforming lots.
- Clarification for parking requirements for ADUs located in proximity to bus routes with flag stops.
In the coming weeks, EOHLC is expecting to release model ADU zoning that can be used as a resource for municipalities.
by Jenna Connolly | Jan 22, 2025 | Featured News, Housing News
Today, Governor Healey unveiled her budget proposal for Fiscal Year 2026. CHAPA is pleased that during what is shaping up to be a challenging fiscal year, this legislation largely maintains the Commonwealth’s commitment to investing in housing, with increases put forward for several important programs.
An overview of the Governor’s H1 budget proposal compared to the final FY26 budget is available here.
Still, more must be done. While the FY26 proposal includes a higher funding level than FY25, costs continue to rise. Far too many Massachusetts residents are struggling to find a home they can afford. Failure to provide adequate resources to address actual housing needs will only result in hardship for impacted households and increased costs in other areas for the Commonwealth.
Over the next six months, CHAPA will be joining with our members and partners to advocate for the funding we need to help address our housing challenges. The Governor’s proposal is the first step in a long budget process that now moves to the Legislature.
For a more detailed discussion of the Governor’s budget proposal as well as an opportunity to provide input into advocacy strategy, please join us on Thursday, January 25 at 10:30am on Zoom for the Building Blocks Coalition meeting. Registration is required and is available on the CHAPA website.
by Jenna Connolly | Jan 17, 2025 | Featured News, Housing News
Friday marked an important date in the new legislative session as it is the deadline for on-time filing of bills. Over the past several months, CHAPA has been working with stakeholders, policy makers, and legislators to develop a slate of priority legislation that we will be advocating for over the next two years. Our sincere thanks go out to everyone who participated in this process, but especially the legion of State House staffers who do remarkable work in helping to shape policy ideas into actual bills.
Below is CHAPA’s slate of priority bills, which have been assigned temporary docket numbers until they are sent to committees of jurisdiction, where they will receive bill numbers.
Please contact your state representative and senator to urge them to add their name as a cosponsor of these bills:
People
- Codification of the Massachusetts Rental Voucher Program (MRVP) – HD 2020 & SD 1573.
- Updating the Alternative Housing Voucher Program (AHVP) Statute – HD 1953 & SD 1708.
- Access to Counsel in Evictions – HD 3912 & SD 1771.
- Eliminating Mandatory Broker Fees for Tenants – SD 35.
- Establishing a Matched Savings Program – HD 3851 & SD 2106.
Production
- Yes In God’s Back Yard (YIGBY) to Allow Multi Family By-Right on Religiously-Owned Property – HD 3756 & SD 1663.
- Creating a Local Option Real Estate Transfer Fee – HD 1112 & SD 1216.
- Increasing the Deeds Excise Tax to Support Affordable Housing and Environmental Adaptation – HD 2997 & SD 846.
- Creating an Interagency Supportive Housing Finance and Strategy Board – HD 3758 & SD 2594.
- Establishing a Housing Production Goal for Massachusetts – HD 3920.
Preservation
- Creating a Commission to Examine Increasing Property Insurance Rates on Affordable Housing – HD 3370 & SD 876.
- Establishing a Zero Carbon Renovation Fund – HD 3171 & SD 1325.
Planning
- Yes In My Back Yard (YIMBY) to Eliminate Barriers to Housing Production – HD 3248 & SD 1913.
- Promoting Affordable and Fair Housing Through Inclusive Zoning – HD 2978 & SD 811.
- Establishing a Definition for Municipal Site Plan Review – HD 2362.
- Mandating Training for Local Land Boards – HD 2395 & SD 114.
by Jenna Connolly | Jan 10, 2025 | Housing News
HUD announced on January 8th the finalization of a rule updating its HOME Investment Partnerships Program to make it easier for communities to use federal housing funds and help more families access affordable homes. The rule incorporates feedback from stakeholders and aims to support states, localities, and nonprofits in implementing HOME funds more effectively.
Key Changes:
- Simpler Rules for Small Rental Projects: Makes it easier to fund projects like accessory dwelling units and duplexes by reducing inspections and paperwork.
- Better Coordination with Other Programs: Allows sharing of utility cost rules and inspection results with other federal housing programs to avoid duplicate work.
- Improved Help for Renters: Adds stronger lease protections for renters and reduces paperwork for tenants and landlords using rental assistance.
- Support for Green Building: Encourages energy-efficient homes to lower utility bills for families.
- Clearer Homeownership Rules: Extends deadlines for selling homes funded by HOME and allows updates or repairs after purchase.
These updates, along with simplified income checks, support for pre-development costs, and expanded funding options for community organizations, are designed to make the program more user-friendly, protect renters, and increase affordable housing options. For more information about HOME and the development of this rule, follow this link.
by Jenna Connolly | Jan 9, 2025 | Housing News
In December, the Executive Office of Housing and Livable Communities (EOHLC) released draft regulations regarding the by-right siting of Accessory Dwelling Units (ADUs) as established in the Affordable Homes Act (AHA). This portion of the law is due to go into effect on February 2, 2025.
Following the release of the draft regulations, EOHLC held two information webinars. These were followed by a public comment period that began on December 20 and ends on January 10. Also on January 10, EOHLC will hold a public hearing to solicit verbal feedback on the regulations. This hearing will take place both in-person at EOHLC’s offices and online via Zoom. CHAPA will be providing verbal comments at that hearing.
Today, CHAPA submitted written feedback to EOHLC on the regulations. In these comments, we applaud the agency for crafting the regulations in such a way as to encourage the development of ADUs and to discourage potential efforts to put up barriers to the creation of these new housing options that have the potential to be an important tool to address Massachusetts’ housing needs. CHAPA also provided feedback on areas where the regulations could be strengthened, particularly with respect to pre-existing nonconforming lots, facilitating utility connections, preventing undue restrictions on occupancy of of ADUs, and on assistance to ADU owners.
CHAPA looks forward to continuing to work with EOHLC and the Healey/Driscoll Administration on the implementation of the AHA and other efforts to build the homes our Commonwealth needs to thrive.
by Jenna Connolly | Jan 8, 2025 | Featured News, Housing News
Today, the Massachusetts Supreme Judicial Court released a landmark decision in Attorney General vs. Town of Milton that affirms the responsibility of every MBTA Community under the MBTA Communities Act to zone for multifamily housing. The decision also confirms that the Attorney General has legal standing to enforce the MBTA Communities Act.
Citizens’ Housing and Planning Association (CHAPA) celebrates this decision as a major victory for housing and a critical step in ensuring that all cities and towns contribute to solving Massachusetts’ decades-long housing shortage by providing more of the types of homes people need for everyone to thrive.
“The decision today is a big win, putting us on the path towards a future where everyone in Massachusetts can find a safe, affordable home in the community they choose,” said Rachel Heller, Chief Executive Officer of Citizens’ Housing and Planning Association (CHAPA). “Every city and town has a role to play in addressing the housing shortage, and we’re happy that the Massachusetts Supreme Judicial Court has reaffirmed Milton’s and other non-compliant municipalities’ responsibility to be part of the solution. When we say yes to more housing in our communities, like the 116 communities already in compliance have, we are closer to creating the 200,000 homes we need by 2030 and the Massachusetts we all want and deserve.”
Although the MBTA Communities Act directs the Executive Office of Housing and Livable Communities (EOHLC) to issue guidelines, the court argues that EOHLC should have promulgated regulations for compliance. CHAPA encourages EOHLC to reissue the current guidelines as emergency regulations that would take immediate effect to avoid confusion for already-compliant communities and prevent delays in creating the housing that Massachusetts desperately needs. These guidelines were developed through a thoughtful process that considered and incorporated over 200 comments from municipalities, advocates, planners, residents, business leaders, and more.
“The Supreme Judicial Court’s ruling that Milton must comply with the MBTA Communities Act is an important step in the fight for fair housing,” said Whitney Demetrius, CHAPA’s Director of Fair Housing and Municipal Engagement. “For too long, communities have used restrictive zoning to prevent the creation of homes affordable to people with low and middle incomes. CHAPA is optimistic that this ruling will allow people of all income levels to find homes in the communities that they choose.”
As of today, 116 municipalities have adopted zoning ordinances that comply with the MBTA Communities Act, a significant majority of all MBTA Communities. CHAPA expects this ruling will motivate communities currently out of compliance to act quickly to abide by the law. If they do not, this ruling suggests that future court decisions will order noncompliant communities to comply with the law and allow multifamily housing development.
The Commonwealth must create at least 200,000 new homes by 2030 to alleviate the shortage and keep pace with demand. Meanwhile, residents in all corners of Massachusetts, at every income level, are struggling with high rents and home prices. The MBTA Communities Act enables multi-family housing creation to help Massachusetts reach this goal and provide more choices to those facing escalating and, too often, unattainable housing costs.
CHAPA congratulates the Attorney General for taking on and winning this essential case and thanks the Healey-Driscoll Administration for supporting communities in the implementation of this law to expand housing opportunities for the people of Massachusetts. CHAPA also thanks Nixon Peabody—Karla Chaffee, in particular—for their work drafting and filing the amicus brief on our behalf along with more than 30 organizations.
