by Matt Noyes | Jun 11, 2025 | Housing News
With the Senate completing its work on the FY2026 state budget last month, a House-Senate Conference Committee is now working to resolve differences between the two versions of the funding documents. CHAPA has submitted a letter to the six members of the committee, urging them to support the highest possible funding levels for key housing programs.
The new state fiscal year begins on July 1, 2025, so for there to be an on-time budget in place, the Conference Committee will need to complete its work and both branches will need to pass the final budget by June 20 to give the Governor ten days to sign or return items with vetoes.
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 Matt Noyes | May 15, 2025 | Housing News
Next week, the Massachusetts Senate will debate the FY2026 state budget. Among the 1058 amendments filed to the Senate Ways and Means proposal last week were several proposals that would roll back, weaken, or delay Chapter 3A – the MBTA Communities Act.
Massachusetts needs 222,000 homes by 2035 to stabilize our rental and homeownership markets. The MBTA Communities Act, passed by the Legislature in 2020 and signed into law in 2021, directs 177 cities and towns to establish multi-family zoning districts in their municipalities. To date, 131 of these communities have submitted compliance proposals to EOHLC, with many more on track to do so.
The MBTA Communities Act is a success. The multi-family zoning districts established through this law will make it possible to create many of the homes we need for Massachusetts to thrive.
The proposals to undermine this success are misguided and will only serve to set the Commonwealth back in its efforts to address our housing needs. In many cases, these are not new amendments – similar, if not identical, proposals have been made and overwhelmingly rejected during the process of developing the Affordable Homes Act, the FY2025 budget, and in the House during its FY2026 budget debate last month.
CHAPA urges the Senate to reject these amendments. If you are able, please contact your state senator and aske them to oppose these proposals:
#12 – Places New Requirements on Cities and Towns to Report on MBTA Communities Act Impact to EOHLC. This reporting would require an analysis of the impacts of housing construction on local infrastructure and schools – information that is not readily available and would be difficult to produce. If passed, this amendment would place a significant strain on scarce municipal resources without a clear benefit.
#13, #140, & #147 – Adds Unnecessary Appeal Criteria to MBTA Communities Act based on factors that are outside the scope of the law, including the availability of water, sewer, and wastewater treatment. The MBTA Communities Act does not require cities and towns to provide these sorts of infrastructure. If passed, these amendments would only delay and complicate the implementation of the law without providing a benefit to municipalities.
#141 & #296 – Narrows Definition of “MBTA Community” to exempt all communities without a rail, subway, or ferry station within its municipality from compliance with the MBTA Communities Act. If passed, it would significantly limit the number of new homes that could be permitted through the law and ignore the good-faith efforts made by nearly four dozen adjacent communities and small towns to comply with the MBTA Communities Act.
#274 & #834 – Limits the Use of Grant Funding to Encourage Compliance with MBTA Communities Act by allowing communities that choose not to do their part to address the Commonwealth’s housing challenges to avoid consequences established by the law, ignoring the good-faith efforts made by 131 communities in choosing to comply.
#297 – Delays Implementation of the MBTA Communities Act by changing the deadlines for municipal compliance. Massachusetts has faced significant housing challenges for years and cannot afford to wait any longer to address them. Given the acuity of our housing challenges, the 131 communities that have met their compliance deadlines and adopted compliant zoning, the extensive engagement and technical assistance provided to cities and towns, and the length of time needed to create the homes we need, this amendment is not only unnecessary but is harmful.
#298 – Exempts Municipalities from Compliance with MBTA Communities Law without Meeting Requirements based on factors outside of the scope of the law, including compliance with 40B and the granting of water withdrawal permits. The law is not about what is on the land now – it is about what will be allowed to be built in the future. To produce homes that people, our communities, and the Commonwealth need, local zoning needs to allow for it.
#839 – Creates A Single-Municipality Exception from MBTA Communities Law Classifications by altering the MBTA Communities Law for the benefit of one community. In creating this carve-out, the amendment goes against the broad stakeholder engagement and public comment process that informed the Law’s implementation and would be unfair to the 176 other communities subject to the Law.
by Matt Noyes | Apr 16, 2025 | Housing News
Just after noon today, the House Ways and Means released its budget for Fiscal Year 2026. With state revenues coming in lower than hoped and a great deal of uncertainty at the federal level, legislators are faced with significant challenges in developing a spending plan for the state.
The housing items in the House Ways and Means proposal reflects these challenges. While there were modest increases for some housing programs (MRVP, RAFT, Sponsor-Based Supportive Housing, and Access to Counsel were all funded at a higher level than in the Governor’s budget), others were level funded (AHVP and Unaccompanied Homeless Youth), and several other important programs were significantly cut (Housing Consumer Education Centers and Public Housing Reform).
Legislators have until Friday afternoon to file amendments to the Committee’s budget proposal, with the full House slated to debate the FY2026 budget starting the week of April 28.
A tracking grid of CHAPA’s budget priorities is available here.
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.
