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 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.
by iwd Tina | Jan 2, 2025 | Housing News
On December 30, the Executive Office of Housing and Livable Communities (EOHLC) held a virtual public hearing on the draft 2025-26 Qualified Allocation Plan (QAP) for the Low-Income Housing Tax Credit. During the approximately one hour hearing, EOHLC staff heard feedback from a range of stakeholders and interested parties on the draft QAP, which is expected to be finalized before the end of January.
CHAPA gave verbal testimony submitted written comments on the Plan. In particular, CHAPA commended EOHLC for raising the minimum ELI threshold from 13% to 16%, its continued commitment to equity in development opportunities, the incentivization of accessibility standards, prioritization of sustainable, green, and climate resilient designs, the inclusion of rural development points, and the recognition of challenges facing middle income households.
CHAPA’s testimony also included concerns about the Responsible Contractor Guidelines that were included in the QAP and the impact that they will have on development costs, the number of new homes created, and on small, emerging, and minority-owned businesses. CHAPA is looking forward to the final QAP and to working with EOHLC to implement it in the most productive way possible.
by iwd Tina | Dec 14, 2024 | Housing News
The Executive Office of Housing and Livable Communities (EOHLC) will hold a virtual public hearing on the draft version of the 25-26 Qualified Allocation Plan (QAP) for the Low-Income Housing Tax Credit (LIHTC) program. The hearing is scheduled for 10:30 AM on December 30th, 2024.
The draft QAP is available for review. We encourage everyone to read the draft and share feedback, either by attending the hearing or submitting written comments beforehand. Written comments can be sent to:
The Executive Office of Housing and Livable Communities
Low-Income Housing Tax Credit Program
100 Cambridge Street, 3rd Floor
Boston, MA 02114
Comments can also be emailed to [email protected].
For details on how to join the virtual hearing, you can contact EOHLC at 617-573-1309 or [email protected].
CHAPA is reviewing the draft QAP and will be submitting comments to help shape its final version. To help stakeholders engage in the process, CHAPA has prepared a slide deck with a high-level overview of some of the key updates, and a detailed summary that highlights each of the changes found in the most recent version.
