by Will Rhatigan | Jun 6, 2025 | Featured News, Housing News
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
by Jordan Stocker | May 27, 2025 | Featured News, Housing News, Uncategorized
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.
by Jordan Stocker | May 12, 2025 | Featured News, Housing News
Last week, the Senate Ways and Means Committee released its budget proposal for the upcoming state fiscal year. At a time of fiscal challenges and federal government uncertainty, we are grateful that housing programs were largely protected, and in some cases received increased funding.
Still, there is a great deal of work to do in advance of the full Senate taking up the budget later this month. Senators have offered more than 1,000 amendments that will be considered, including many related to housing.
Below, please find a list of CHAPA priority amendments. Now is the time to contact your state senator and ask them to cosponsor and support these proposals that will help make it possible for Massachusetts to create the homes we need to thrive
#150 – Massachusetts Rental Voucher Program (MRVP) (Sen. Lovely)
Increases funding to $270 million for approximately 800 new vouchers and sets the administrative fee at $55 per month to reflect current policy.
#457 – MRVP Sustainability (Sen. Collins)
Sets the administrative fee for MRVP at $55 per month to reflect current policy.
#848 – Housing Assistance for Re-Entry Transition (Sen. Gomez)
Increases funding to $4.12 million for housing assistance for individuals exiting incarceration, which will provide approximately 250 vouchers.
#130 – Department of Mental Health (DMH) Rental Subsidy Program (Sen. Eldridge)
Increases the allocation to $21.548 million to fund 300 new vouchers for housing people experiencing homelessness and disabling mental health conditions.
#557 – Residential Assistance for Families in Transition (RAFT) (Sen. Gomez)
Improves RAFT by eliminating the requirement for a notice to quit or utility shutoff to access benefits to allow for more upstream access to benefits.
#90 – HomeBASE (Sen. Jehlen)
Increases funding for HomeBASE to $64.8 million, improves upstream access to benefits, and increases the grant limit per family to $50,000 for the first two years and $25,000 subsequently.
#19 – Saving Toward Affordable and Sustainable Homeownership (STASH) (Sen. Miranda)
Provides $1.5 million for STASH to support more than 70 first-generation homebuyers through matched savings.
#171 – Maintaining Fair Housing (Sen. Edwards)
Supports fair housing in Massachusetts by directing $2 million for the operation of the Office of Fair Housing, $1 million for the Fair Housing Trust, and $2 million for organizations participating in fair housing activities.
#10 and #218 – Fair Housing Centers (Sens. Eldridge and Montigny)
Provides $200,000 for the Massachusetts Fair Housing Center and $75,000 for the South Coast Fair Housing Center to support the vital work of addressing housing discrimination.
Program Administrative Line
#20 – EOHLC Administration (Sen. Cyr)
The Executive Office of Housing and Livable Communities (EOHLC) distributes funding to municipalities, oversees the state-aided public housing portfolio, provides funding for affordable housing production and preservation, and operates the state’s Emergency Assistance family shelter program. EOHLC is responsible for implementing dozens of new housing policies approved by the Legislature through the Affordable Homes Act. This amendment adds $6.6 million to EOHLC’s administrative line for sufficient staffing to carry out their responsibilities so that Massachusetts is affordable for people across income levels.
#428 – Housing Consumer Education Centers (HCECs) (Sen. Gomez)
Restores proposed cuts to HCECs with funding of $8.974 million to provide critical support for people experiencing a range of housing challenges.
#50 – Healthy Homes Program (Sen. Keenan)
Provides $5 million to address issues such as mold, lead, and asbestos to keep people in their homes and improve the quality of aged housing stock.
#105 – Tenancy Preservation Program (TPP) (Sen. R. Kennedy)
Provides $42,755 to support TPP and to preserve the line item.
#15 – First-Time Homebuyer and Foreclosure Prevention (Sen. Eldridge)
Restores funding to $3.05 million to support homebuyer education and support to keep people in their homes when experiencing housing challenges.
Homelessness and Supportive Housing
#222 – Unaccompanied Homeless Youth (Sen. Miranda)
Increases funding to $12 million for housing and services for youth experiencing homelessness.
Preservation and Development
#89 – Small Properties Acquisition Fund (SPAF) (Sen. Jehlen)
Appropriates $1 million to the SPAF to purchase and rehabilitate existing 1-8 unit affordable housing and to keep it affordable.
#249 – Unlocking Housing Production (Sen. Cyr)
Provides funding to support increased building inspection capacity for modular development, establishes an Office of State Planning to better inform statewide and municipal development, and directs EOHLC to study the efficacy of a housing construction sales tax exemption program and a local option property tax exemption for new affordable housing developments.
by Jordan Stocker | May 1, 2025 | Featured News, Housing News
On Wednesday, the Massachusetts House of Representatives voted to approve a $61.5 billion state budget for fiscal year 2026, capping off two and a half days of debate and the adoption of seven consolidated amendment packages. The final vote was 151 to 6, with the budget now heading to the Senate for consideration.
This year saw a near-record number of amendments filed, with more than 1,600 submitted, reflecting strong interest in shaping the budget across many issue areas, including housing. To manage the volume, House leadership grouped amendments by topic into consolidated packages, which are developed internally and voted on as a single block. Housing amendments were included in Consolidated Amendment C, alongside public safety and judiciary items.
The final budget includes several positive housing developments. Just over $1.5 million was added to housing line items through the amendment process, primarily in the form of local earmarks. Highlights include $200,000 in increased funding for Saving Toward Affordable Sustainable Homeownership (STASH) and a $500,000 earmark for the Massachusetts Housing and Shelter Alliance (MHSA) to support permanent supportive housing. Harmful amendments that would have weakened or repealed key housing and zoning tools such as the MBTA Communities Act and Chapter 40B were also defeated, preserving critical pathways to build and preserve affordable homes.
At the same time, several high-priority housing proposals were not included at this stage. Amendments to increase funding for crucial programs such as MRVP, AHVP, HCEC, and the Fair Housing Trust Fund had strong support but were left out of the final package.
As the budget moves to the Senate, advocates are calling on lawmakers to take the next opportunity to invest in the tools we know work, including rental assistance, fair housing enforcement, and community-based supports.
The full Consolidated Amendment C can be viewed here.
by Jordan Stocker | Apr 25, 2025 | Featured News, Housing News
Amendment #1263, filed by Representative Vanna Howard, would significantly increase funding for the Massachusetts Rental Voucher Program (MRVP) in the FY26 state budget. The amendment would raise MRVP funding to $270 million — enough to maintain current rental assistance and create 800 new vouchers for households across the Commonwealth.
Right now, no new MRVP mobile vouchers are being issued due to funding constraints, and more than 168,000 households remain on the waitlist. Strengthening MRVP is essential to meeting urgent housing needs and ensuring that new affordable homes are truly within reach for the lowest-income households.
MRVP helps households avoid housing crises like eviction, exit emergency shelter, and move toward long-term stability with better access to schools, jobs, and healthcare. It offers a sustainable alternative to emergency shelter, saving thousands of dollars each month while supporting stronger futures for all.
You can find more information about the impact of Amendment #1263 in this fact sheet.
Please contact your representative and urge them to co-sponsor Amendment #1263 to expand access to safe, stable, and affordable housing across Massachusetts.
by Jordan Stocker | Apr 23, 2025 | Featured News, Housing News
Next week, the House is scheduled to begin debate on the FY26 state budget. Lawmakers filed more than 1,600 amendments to the House Ways and Means proposal — the highest number in over a decade — reflecting the widespread need for support across the Commonwealth. With federal funding uncertain and local communities navigating increasing challenges, these housing amendments offer a meaningful opportunity to respond to needs on the ground.
We’re urging representatives to support the inclusion of CHAPA’s priority housing amendments in the final House budget. The amendments would strengthen rental assistance, support unhoused youth and individuals returning from incarceration, preserve public housing, and address housing discrimination — all essential steps toward greater housing stability across the state. You can find a full list of the amendments below in this fact sheet.
Please contact your representative and ask them to co-sponsor the following amendments:
Rental Assistance
- #1263 – Massachusetts Rental Voucher Program (MRVP) (Rep. Vanna Howard)
Increases funding to $270 million for approximately 800 new vouchers.
- #1402 – Alternative Housing Voucher Program (AHVP) (Rep. Rob Consalvo)
Modernizes AHVP to make it easier to use and administer.
- #1 – Residential Assistance for Families in Transition (RAFT) (Rep. David LeBoeuf)
Improves RAFT by eliminating the requirement for a notice to quit or utility shutoff to access benefits to allow for more upstream access to benefits. Also requires EOHLC to establish criteria for demonstrating that a household is experiencing or is at risk of homelessness.
- #1276 – Residential Assistance for Families in Transition (RAFT) (Rep. Marjorie Decker)
Improves RAFT by increasing the 12-month benefit cap to $10,000, provides direct payment to tenants of unresponsive landlords, authorizes forward rent payments and stipends, and moves access to benefits more upstream by eliminating requirements for imminent eviction or utility shutoff.
- #435 – HomeBASE (Rep. Christine Barber)
Improves the HomeBASE program by increasing benefit caps for recipients and making it easier for families experiencing housing challenges to access benefits.
- #1509 – Housing Assistance for Re-Entry Transition (Rep. Chyna Tyler)
Increases funding to $5 million for housing assistance for individuals exiting incarceration.
Public Housing
- #731 and #1351 – Public Housing (Reps. Paul McMurtry and David Biele)
Increases funding to $119 million to provide more for the operation and maintenance of the 43,000 homes provided by public housing.
Fair Housing
- #654 and #1256 – Fair Housing Centers (Reps. Patricia Duffy and Christopher Hendricks)
Provides $150,000 for the Massachusetts Fair Housing Center and $75,000 for the South Coast Fair Housing Center to support the vital work of addressing housing discrimination
EOHLC Administration Line
- #1631 – EOHLC Administration (Rep. Chris Markey)
Increase administrative funding for EOHLC to $22.2 million to support the work of the Office in addressing Massachusetts’ housing needs.
Housing Stability
- #1401 – Housing Consumer Education Centers (HCECs) (Rep. Rob Consalvo)
Restores proposed cuts to HCECs with funding of $8.974 million to provide critical support for people experiencing a range of housing challenges.
- #1649 – Healthy Homes Program (Rep. Shirley Arriaga)
Provides $5 million to address issues such as mold, lead, and asbestos to keep people in their homes and improve the quality of aged housing stock.
- #851 – Tenancy Preservation Program (TPP) (Rep. Andy Vargas)
Provides $42,755 to support TPP and to preserve the line item.
- #1410 – Direct Surplus to Community Preservation Fund (Rep. Kassner)
Dedicates up to $20 million from the FY25 surplus to the state match pool for cities and towns that adopt the Community Preservation Act.
- #285 – First-Time Homebuyer and Foreclosure Prevention (Rep. Samantha Montaño)
Restores funding to $3.05 million to provide a crucial tool that keeps people in their homes when experiencing housing challenges.
- #883 – Department of Mental Health (DMH) Rental Subsidy Program (Rep. Sean Garballey)-Increases the allocation to $21.548 million for housing people experiencing homelessness and disabling mental health conditions.
Homelessness and Supportive Housing
- #368 – Home and Healthy for Good (HHG) (Rep. James Hawkins)
Increase funding for HHG to $8.89 million to address the needs of individuals experiencing homelessness through the successful Housing First model.
- #1221 – Unaccompanied Homeless Youth (Rep. Jim O’Day)
Increases funding to $12 million for housing and services for youth experiencing homelessness.
Homeownership
- #983 – Saving Toward Affordable and Sustainable Homeownership (STASH) (Rep. Christopher Worrell)
Provides $500,000 for STASH to support first-generation homebuyers through matched savings.
Zoning and Planning
- #570 – MBTA Communities (Rep. Brad Jones)
Expands the scope of the MBTA Communities Act to include all cities and towns in Massachusetts.
Thank you for being a partner in the effort to ensure everyone in Massachusetts has a safe and stable place to call home!
