Federal Government Enacts Taxing and Spending Bill

Federal Government Enacts Taxing and Spending Bill

On July 4th, the federal government enacted a taxing and spending bill (the “Bill”) that will have enormous consequences for the American public. The top-line view of the legislation is that it expands and enacts tax cuts that will add trillions of dollars to the National Debt, while imposing historic slashes to safety net programs like Medicaid and SNAP.  CHAPA notes that the Bill makes a few significant housing-related policy changes that could have a positive long-term effect on housing affordability. But, in the immediate term, the Bill’s steep rollback of benefits programs will drain vulnerable Bay Staters’ pockets and make the Commonwealth’s sky-high housing costs even more burdensome. 

Potential Long-Term Housing Positives

From an affordable housing perspective, the Bill’s most constructive change is its expansion of the Low-Income Housing Tax Credit (“LIHTC”) Program. Beginning in 2026: 

  • There will be a 1.12 multiplier added to the formula for calculating each state’s annual allocation of “9 Percent” LIHTC credits, which will increase the total dollar value of those allocations by 12%; and
  • The threshold of public activity bond (“PAB”) financing needed to qualify for “4 Percent” LIHTC credits will drop from 50% to 25%, theoretically allowing states to use their limited annual supply of PABs to ensure more projects qualify for credits. 

These changes will increase the resources available to developers for the production and preservation of affordable housing on an annual basis going forward. 

On top of LIHTC expansion, the Bill makes permanent two programs that can be used to fund housing development in distressed communities: the Opportunity Zones “OZ” Program and the New Markets Tax Credit “NMTC” Program. These initiatives aim to direct resources into low-income areas by providing tax breaks to people who invest in qualifying business activities, including housing development, in those areas. 

The original OZ Program, created in 2017 and set to expire in 2026, allowed governors to designate 25% of low-income census tracts (“LICs”) in their states as OZs. It also said that 5% of designations could be for non-LIC tracts adjacent to LICs. Some early data indicate that OZ financing has flowed heavily toward multi-family developments. But, contrary to the spirit of the Program, evidence also suggests that developments receiving OZ funding are mostly market-rate and concentrated in higher income “adjacent” tracts.

The Bill corrects the latter issue by requiring periodic re-designation of OZs and eliminating the loophole for non-LIC tracts. But it does not build in any affordability requirements for residential projects receiving OZ funding. Including affordability is critical to ensuring that the Program benefits those living in targeted low-income areas. 

Finally, the Bill’s extension of the NMTC Program, which was set to expire this year, represents a win for affordable and mixed-use development in underserved communities.  

Major Negatives  

The financial harm that low-income Americans will experience from the Bill’s provisions, including tax changes and well over a trillion dollars in SNAP and Medicaid cuts over ten years, cannot be overstated. Just to name a few major consequences:

  • 11.8 million people will lose their health insurance by 2034, according to an estimate from the Congressional Budget Office;
  • 22.3 million families will lose some or all of their monthly SNAP benefits, per an analysis from the Urban Institute; and 
  • Post-tax incomes for the poorest Americans will fall by nearly $600 per year based on projections from the Yale Budget Lab.

People who struggle to make ends meet will now face more out-of-pocket costs for food and medical care, forcing them to make impossible choices with shoe-string budgets. For Massachusetts residents—who already face a severe housing shortage and extreme rent burdens—this will only exacerbate housing insecurity. 

Additionally, the Bill undermines housing affordability by eliminating incentives for green housing production and energy efficiency improvements, and ballooning the National Debt. A higher National Debt can drive up interest rates and inflation, making it more expensive to both build and buy homes.

As things continue to happen rapidly in D.C., we invite everyone to stay up to date by attending CHAPA’s Federal Housing Policy Check-Ins: https://chapa.org/all-events/?event=233980

Governor Healey Signs FY2026 Budget: Housing Investments Move Forward, but HCEC Funding Faces Veto

Governor Healey Signs FY2026 Budget: Housing Investments Move Forward, but HCEC Funding Faces Veto

Governor Maura Healey has signed Massachusetts’ $61 billion FY2026 budget, which includes significant housing investments and policy reforms aimed at improving affordability and strengthening housing stability. Overall, the budget maintains or modestly increases funding for key programs, including a boost to the Massachusetts Rental Voucher Program (MRVP) from $219 million to $253.3 million to preserve assistance for existing participants, and $207.5 million for RAFT. Public housing operations received $115.6 million, while the Access to Counsel program was funded at $2.5 million and established as a permanent line item.

Policy shifts in the FY2026 budget include broker fee reform, which shifts the cost to whichever party first hires the broker—eliminating most renter-paid fees and significantly reducing up-front costs for tenants. The budget also advances the goals of the Unlocking Housing Production Act by promoting efforts to accelerate development through easing local barriers and exploring new tools for municipalities. These provisions support housing production through studies on tax incentives, inspection reform, and municipal authority, laying the groundwork for broader permitting and regulatory changes. Additionally, new language in the RAFT and HomeBASE programs directs the state to examine access barriers—such as “notice to quit” requirements and eligibility criteria—with the goal of improving program reach and responsiveness.

At the same time, funding for Housing Consumer Education Centers (HCECs)—which play a critical role in helping residents navigate evictions, access financial counseling, find housing, and utilize voucher programs—was significantly reduced. The Legislature approved $5.85 million for HCECs, already a 34.8% cut from the FY2025 level of $8.974 million. Governor Healey then vetoed $500,000 from that amount, lowering the final FY2026 allocation to $5.35 million. In FY2024, HCECs served more than 75,000 households statewide at an average cost of just $116 per household. With demand for services rising, the reduction in funding raises concerns about the capacity to support residents facing urgent housing challenges. CHAPA has submitted a letter urging the Legislature to override the Governor’s veto, emphasizing the need to restore critical funding to ensure these frontline services remain available as Massachusetts works to meet both immediate housing needs and long-term production goals.

You can view CHAPA’s full Budget Tracker here

Jacob Love to bolster policy team, pro-housing advocacy reach for CHAPA as general counsel

Jacob Love to bolster policy team, pro-housing advocacy reach for CHAPA as general counsel

On June 30th, Citizens’ Housing and Planning Association (CHAPA) added Jacob Love to their growing team as general counsel for policy. In this new role, Jacob will work with CHAPA’s policy team to shape and implement CHAPA’s policy agenda, advise on legislative initiatives, draft and analyze legislation and amicus briefs, and represent the organization in high-impact advocacy efforts. Jacob’s work as general counsel for policy will complement the ongoing work of CHAPA’s current policy team, including director of state and federal advocacy, Matt Noyes, and senior policy associate, Jordan Stocker.

“I am thrilled to be joining CHAPA at this pivotal moment in the fight for housing justice,” said Love on this new role. “From expanding inclusionary zoning, to spurring housing production, it will be no small task to forge a Massachusetts that is truly fair and affordable for everyone. But I am ready for the challenge, and excited to tackle it alongside CHAPA’s already formidable team.”

Jacob draws on a wealth of experience from his five-plus years as a fair housing attorney. He cut his teeth at the Legal Aid Society in New York City, where he represented low-income tenant associations seeking improved housing conditions and worked with community groups to preserve affordable housing. More recently, Jacob spent three years at Lawyers for Civil Rights (LCR) in Boston, building and litigating impact cases to combat housing discrimination and reduce housing costs. His efforts at LCR earned him the Boston Bar Association’s “President’s Award” in 2023.

Jacob received his J.D., magna cum laude and Order of the Coif, from Boston College Law School and holds a B.A. in political science from the College of the Holy Cross. Immediately after law school, Jacob also served as a judicial law clerk to the Hon. Eric Neyman of the Massachusetts Appeals Court and the Hon. George Z. Singal of the U.S. District Court for the District of Maine.

Governor Healey Signs FY2026 Budget: Housing Investments Move Forward, but HCEC Funding Faces Veto

Conference Committee Approves FY26 Budget, Now Moves to Governor’s Desk

On June 30th, the Massachusetts Legislature approved a $61 billion FY2026 Conference Committee budget and sent it to the Governor for consideration. Marking the earliest completion of a budget in nearly a decade, the final agreement includes important progress on housing issues, with continued investments in rental assistance and supportive housing, along with key policy updates to broker fee practices, homelessness prevention programs like RAFT and HomeBASE, and provisions that establish studies aimed at reducing construction costs and streamlining development.These decisions come amid growing federal headwinds, these decisions come at a time when the state is facing additional challenges, including potential federal cuts to housing and safety net programs, which could put further strain on the housing system.

However, several high-priority programs were funded at the lower of the House or Senate proposals, and several key initiatives were ultimately not included.

As the budget moves to Governor Healey’s desk, she has 10 days to sign the budget into law. CHAPA is urging that the strongest funding levels and policy provisions be maintained. CHAPA is also drafting a letter to the Administration advocating for full support of these critical investments. These operating dollars are essential to addressing the urgency of the housing crisis and advancing stability, affordability, and equity across the Commonwealth. Key highlights from the final budget can be viewed below, and the full budget tracker is available here.

Key Policy Language

  • Residential Rental Broker Fees – Outside Sections 43, 54–55:
    New language clarifies that only the party that directly hires a broker is responsible for the fee, reducing financial barriers for tenants.
  • Unlocking Housing Production – Outside Sections 106–108:
    Directs studies on tax incentives, inspection reform, and local options to support housing development feasibility and affordability.

Programs with Maintained or Increased Funding

  • Rental Assistance:
    MRVP and AHVP were funded at $253.3 million and $19.5 million, respectively, sufficient to maintain the current number of vouchers, but not to increase the number of vouchers.
  • Supportive Housing & Reentry:
    Programs including Home & Healthy for Good, Sponsor-Based Housing, and Housing Assistance for Reentry Transition were level-funded or slightly increased.
  • Access to Counsel:
    Funded at $2.5 million. The “pilot” designation was removed, signaling an ongoing commitment to this crucial program.
  • Public Housing:
    Operating subsidies were funded at $115.6 million, slightly below the Senate’s proposal but above the FY2025 level.
  • Fair Housing
  • $275,000 earmarked for regional fair housing centers,
  • Homeownership
    $500,000 was dedicated to STASH, supporting first-generation homebuyers.

Programs Funded Below Requests or Prior-Year Levels

  • RAFT:
    Funded at $207.5 million, set at the House’s level. The final budget does include language directing EOHLC to evaluate program barriers, including the “notice to quit” requirement.
  • HomeBASE:
    Level-funded at $57.3 million. The budget retains language requiring EOHLC to study eligibility improvements, including potential expansion beyond Emergency Assistance eligibility.
  • Housing Consumer Education Centers (HCECs):
    Funded at $5.85 million, a partial restoration from earlier proposals, but still below FY2025 levels.
  • EOHLC Administration:
    Funded at $16 million, above the House and Senate budgets, but below the $22.2 million called for in the Governors’ proposal earlier this year.

Not Included in Final Budget

  • Tenancy Preservation Program (TPP): No funding included; program will rely on MassHousing support.
  • Office of Fair Housing and Fair Housing Trust: Proposed $5 million was not included.
  • Healthy Homes Program: A proposed $5 million to address mold, lead, and other hazards was withdrawn.
  • Small Properties Acquisition Fund: Not included in the final budget.
CHAPA and Lawyers for Civil Rights Celebrate Court Ruling Rejecting Unfunded Mandate Challenges to MBTA Communities Law

CHAPA and Lawyers for Civil Rights Celebrate Court Ruling Rejecting Unfunded Mandate Challenges to MBTA Communities Law

June 6, 2025 — Today, in yet another victory for the MBTA Communities Act (the “Act”), a Massachusetts Superior Court judge decisively ruled that the Act “does not constitute an unfunded mandate.” In doing so, the Court squarely rejected the State Auditor’s contrary opinion issued earlier this year and dismissed a series of municipal lawsuits citing that opinion. Those suits were always a hail mary—as Citizens’ Housing and Planning Association (“CHAPA”) argued in an amicus brief filed by Lawyers for Civil Rights (“LCR”)—and the latest Court ruling slams the door shut on their arguments. Most importantly, the decision re-affirms that all MBTA Communities must do their part to alleviate Massachusetts’ affordable housing shortage by allowing multi-family housing to be built more freely. 

 

CHAPA and LCR celebrate this ruling as a major victory in the mission to create multi-family and reasonably-priced housing opportunities across Massachusetts, and applaud Attorney General Andrea Campbell’s steadfast defense of the Act in these lawsuits and others.

 

“CHAPA is thrilled that the courts have once again affirmed that the MBTA Communities Act is the law and that communities must comply,” said Rachel Heller, Chief Executive Officer of CHAPA. “Sky-high housing costs are hurting people and our neighborhoods and threaten the health of our economy. Today’s decision makes it clear that every community needs to be part of the solution.”

 

Although the Massachusetts Supreme Judicial Court held that the Act is constitutional and enforceable in Attorney General vs. Town of Milton this January, several communities recently filed lawsuits seeking exemptions from the Act in response to a determination from the State Auditor’s Division of Local Mandates (DLM) that the Act could be an unfunded mandate. Those towns include Duxbury, Hamilton, Hanson, Holden, Marshfield, Middleton, Wenham, Weston, and Wrentham. 

 

As CHAPA and LCR expected, the Court soundly rejected these suits, concluding instead that DLM’s determination was flawed and legally non-binding, and that the Act does not impose any unfunded costs on communities. The court further agreed with our organizations that updating zoning codes and holding town meetings are regular functions of municipal government, meaning that the law’s requirement to adopt multifamily zoning districts does not create additional costs. 

The court also rejected all claims that multifamily zoning districts impose infrastructure costs upon communities, concluding that any connection between multifamily zoning and increased costs for services and infrastructure is purely speculative. 

 

“Today’s ruling is a great victory for all Massachusetts residents, but particularly the communities of color and low-income individuals hardest hit by the affordable housing crisis,” said Jacob Love, Senior Attorney at LCR. “Increasing multi-family housing stock is critical to advancing fair housing in the Commonwealth and this decision preserves one of the most important tools we have in the fight for housing equity.” 

 

Like the courts, the majority of MBTA communities have rejected the argument that multi-family homes impose unfair costs. As of May 30th, 75 percent of MBTA Communities have embraced the opportunity to provide more reasonably-priced homes for their residents and adopted multifamily zoning districts intended for compliance with the Act.

 

CHAPA and LCR are gratified that the courts not only continue to endorse our legal arguments, but also reject all efforts to undermine the Act. While this law is only the first of many steps needed to make homes affordable for everyone in Massachusetts, defending it is crucial to setting the stage for all the other work we intend to do together to build more reasonably-priced homes.

 

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Citizens’ Housing & Planning Association (CHAPA) is the leading statewide affordable housing policy organization in Massachusetts. Established in 1967, CHAPA advocates for increased opportunity and expanded access to housing so every person in Massachusetts can have a safe, healthy, and affordable place to call home in the communities they choose, free from discrimination. For more information, visit www.chapa.org.

Lawyers for Civil Rights fights discrimination and fosters equity through creative and courageous legal advocacy, education, and economic empowerment. With law firms and community allies, we provide free, life-changing legal support to individuals, families, and small businesses. www.lawyersforcivilrights.org

Governor Healey Signs FY2026 Budget: Housing Investments Move Forward, but HCEC Funding Faces Veto

Senate Passes FY26 Budget: Progress on Housing Priorities, Key Gaps for Conference Committee to Resolve

The Massachusetts Senate passed its $57.9 billion FY2026 budget last week, adding $43.5 million through more than 300 adopted amendments. The budget includes important progress on housing priorities, with investments in emergency rental assistance, first-generation homeownership, and fair housing enforcement. However, several high-priority programs included in the House received lower funding or were not included in the Senate version.

As the budget moves to Conference Committee, advocates are urging lawmakers to adopt the strongest funding and policy provisions from both chambers to meet the scale of the Commonwealth’s housing needs.

Senate Budget Additions (Based on SWM Amendment/Section Numbers)

  • Residential Assistance for Families in Transition (RAFT) – Line Item 7004-9316
    $225 million
    Maintains the Senate’s higher funding level and adopts Amendment 557, which directs the Executive Office of Housing and Livable Communities (EOHLC) to develop a statewide homelessness prevention strategy and evaluate the removal of barriers to programs like RAFT, including the potential elimination of the “notice to quit” requirement.
  • Saving Toward Affordable and Sustainable Homeownership (STASH) – Line Item 7006-0011
    $500,000 (via Amendment 19)
    Adds targeted funding for first-generation homebuyers through the Massachusetts Affordable Housing Alliance, supporting matched savings accounts and homeownership education.
  • Housing Consumer Education Centers (HCECs) – Line Item 7004-3036
    $5.7 million (via Amendment 428)
    Restores some of the funding for regional housing counseling and tenant assistance services after earlier cuts, though funding remains below the prior-year level of $8.97 million.
  • Housing Assistance for Reentry Transition – Line Item 7004-9034
    $3.12 million (via Amendment 848)
    Supports stable housing for individuals returning from incarceration. Amendment language ensures carry-forward of unspent funds to sustain services.
  • Department of Mental Health Rental Subsidy Program – Line Item 7004-9033 (via Amendment 130)
    This amendment proposed increasing funding for rental subsidies for Department of Mental Health (DMH) clients by $500,000, from $16,548,125 to $17,048,125, to better meet the housing needs of individuals with mental health challenges. The amendment was not adopted.
  • Massachusetts Fair Housing Center and Southcoast Fair Housing – Line Item 7004-0099  and 7004-0107 (earmark via Amendment 10)
    $275,000

Includes $200,000 for the Massachusetts Fair Housing Center and $75,000 for SouthCoast Fair Housing to support fair housing enforcement and  outreach            in Western Massachusetts and the South Coast following the loss of federal funding.

  • Public Housing Operating Subsidies – Line Item 7004-9005
    $116 million
    Senate funding exceeds the House’s $115.6 million by $400,000, helping local housing authorities maintain operations and address quality and safety needs.
  • Senate Broker Fee Language – Outside Sections 31 and 38
    Clarifies that broker fees must be paid by the party who hires the broker. Ensures tenants aren’t charged for services they didn’t request, offering stronger protections than the House version, which permits fees with written disclosure even when the broker was hired by the landlord.

 Key Priorities For Further Advocacy

  • Office of Fair Housing and Fair Housing Trust – Line Item 7004-0099 (Amendment 171)
    Proposed $5 million to launch the new Office, fund the Fair Housing Trust, and support U.S. Department of Housing and Urban Development (HUD)-aligned fair housing efforts. The amendment was not adopted.
  • Executive Office of Housing and Livable Communities (EOHLC) Administration – Line Item 7004-0099 (Amendment 20)
    Amendment ECO 20 proposed increasing funding for the Executive Office of Housing and Livable Communities from $15,573,388 to $22,235,340 to strengthen the agency’s administrative capacity. The amendment was not adopted.
  • Small Properties Acquisition Fund – New Line Item (Amendment 89)
    Proposed $1 million to help nonprofit organizations acquire and preserve small multifamily homes. The amendment was withdrawn.
  • Healthy Homes Program – New Line Item
    A proposed $5 million line item to address mold, lead, and other housing-related health risks was withdrawn and not included.
  • Massachusetts Rental Voucher Program (MRVP) – Line Item 7004-9024
    Funded at $253.3 million in the Senate—$4.8 million less than the House’s $258.1 million level.
  • Tenancy Preservation Program (TPP) – Line Item 7004-3045
    TPP received no funding in either budget. Amendment ECO 105 proposed $42,755 to retain a dedicated line item, but it was not adopted. The program will be supported this year through MassHousing funding.
  • Access to Counsel – Line Item 0321-1800
    Not funded in the Senate budget. The House includes $3 million to provide legal representation for tenants facing eviction, a key strategy for homelessness prevention.

What’s Next

 The FY2026 budget now goes to a Conference Committee, a group of House and Senate lawmakers responsible for reconciling the two versions into a final budget.

Housing advocates are urging the committee to adopt the strongest funding levels and policy provisions from both chambers to address housing needs across Massachusetts. CHAPA will be drafting a letter to conferees to ensure that each housing program receives the necessary funding and support to promote stability, affordability, and equity statewide.

Please see an updated version of our budget tracker here.