Special Edition of "On the Level"
Housing Choices Bill Become Law,
Most Important Housing Law in Decades
Three years of advocacy by Governor Baker, Lt. Gov. Polito, Housing and Economic Secretary Kennealy, and lobbying by the HBRAMA, came to fruition on January 14 when the governor signed House Bill No. 5250, An Act enabling partnerships for growth into law. That enactment included provisions dubbed “Housing Choices” that will facilitate desperately needed housing production.

The new law, which became effective upon the governor’s signature, makes historic changes to the state’s Zoning Law (G.L. c. 40A), as well as to the Smart Growth Zoning and Housing Production Act (G.L. c. 40R) and the Smart Growth Zoning School Reimbursement Act (G.L. c. 40S).

The most notable feature of the law is the amendment to the Zoning Act that lowers the voting threshold from 2/3rds to a mere majority for the adoption of municipal zoning ordinances and bylaws that facilitate housing production. The following zoning ordinances and bylaws now only require a majority vote of a city council or town meeting:

  1.  An amendment to a zoning ordinance or by-law to allow any of the following as of right: (a) multifamily housing or mixed-use development in an eligible location; (b) accessory dwelling units, whether within the principal dwelling or a detached structure on the same lot; or (c) open-space residential development;
  2. An amendment to a zoning ordinance or by-law to allow by special permit: (a) multi-family housing or mixed-use development in an eligible location; (b) an increase in the permissible density of population or intensity of a particular use in a proposed multi-family or mixed use development pursuant to section 9; (c) accessory dwelling units in a detached structure on the same lot; or (d) a diminution in the amount of parking required for residential or mixed-use development pursuant to section 9;
  3. Zoning ordinances or by-laws or amendments thereto that: (a) provide for TDR zoning or natural resource protection zoning in instances where the adoption of such zoning promotes concentration of development in areas that the municipality deems most appropriate for such development, but will not result in a diminution in the maximum number of housing units that could be developed within the municipality; or (b) modify regulations concerning the bulk and height of structures, yard sizes, lot area, setbacks, open space, parking and building coverage requirements to allow for additional housing units beyond what would otherwise be permitted under the existing zoning ordinance or by-law; and
  4. the adoption of a smart growth zoning district or starter home zoning district in accordance with section 3 of chapter 40R.
 
The law also lowers the threshold for the approval of special permits from 2/3rds to a mere majority for the following:

  • Multifamily housing that is located within 1/2 mile of a commuter rail station, subway station, ferry terminal or bus station; provided, that not less than 10 percent of the housing shall be affordable to and occupied by households whose annual income is less than 80 percent of the area wide median income as determined by the US Department of Housing and Urban Development and affordability is assured for a period of not less than 30 years through the use of an affordable housing restriction;
  • Mixed-use development in centers of commercial activity within a municipality, including town and city centers, other commercial districts in cities and towns and rural village districts; provided, that not less than 10 percent of the housing shall be affordable to and occupied by households whose annual income is less than 80 percent of the area wide median income as determined by the US Department of Housing and Urban Development and affordability is assured for a period of not less than 30 years through the use of an affordable housing restriction; or
  • A reduced parking space to residential unit ratio requirement, pursuant to this section; provided, that a reduction in the parking requirement will result in the production of additional housing units.

A notable feature of the new law is its requirement that a community served by the MBTA have a zoning ordinance or by-law that provides for at least 1 district of reasonable size in which multi-family housing is permitted as of right; provided that such multi-family housing be without age restrictions, be suitable for families with children, have a minimum gross density of 15 units per acre, and be located not more than 0.5 miles from a commuter rail station, subway station, ferry terminal or bus station.

Finally, the law allows a judge of the Land Court or Superior Court to require a plaintiff in an action appealing a decision to approve a special permit, variance or site plan to post a surety or cash bond in an amount of not more than $50,000 to secure the payment of costs if the court finds that the harm to the defendant or to the public interest resulting from delays caused by the appeal outweighs the financial burden of the surety or cash bond on the plaintiffs.

The HBRAMA thanks Governor Baker for his unwavering commitment to expanding housing opportunities for all the citizens of the Commonwealth.

A summary of the key provisions of the new law can be found here.

Governor Baker Vetoes Climate Bill,
Cites Concerns About Housing Production
On Thursday, January 14, Gov. Baker, at the urging of the HBRAMA and other organizations, vetoed an ambitious and far-reaching bill intended to reduce greenhouse gas emissions that was passed by the Legislature shortly before it adjourned.

While objecting to several components of the bill, the governor specifically expressed his concern with allowing municipalities to adopt a local option “net zero energy code” for all new construction. "One of my big concerns is I've gotten a lot of incoming from a lot of folks who are in the building and home construction business who have said that certain pieces of this bill . . . literally may just stop in its tracks any housing development in the commonwealth and those words get my attention," said Baker. “We’ve got to build more housing that’s less expensive, not less housing that’s more expensive."

The HBRAMA was concerned with several provisions in the bill that would have the effect of increasing the cost of developing and building new housing. They included:

  • Unworkable emissions sub-limits for six high priority sectors of the economy, including commercial and industrial heating and cooling, residential heating and cooling, industrial processes and transportation;
  • The development of a “net zero stretch energy code” by the Department of Energy;
  • Stringent new appliance and plumbing efficiency standards, including residential appliances and plumbing;
  • Environmental justice procedures for real estate development that would delay and add cost to residential and mixed-use projects requiring a state permit;
  • Expanding the membership of the Board of Building Regulations and Standards that would dilute the influence of the building contractors, design professionals, municipal building officials, and the building trades; and
  • Establishing term limits on the members of the BBRS, including the representative of the HBRAMA.

Given the rapidly rising cost of lumber and other materials that are used to construct a new home, as well as escalating labor costs due to the scarcity of skilled tradespersons, the incremental additional expense of complying with a yet-to-be-defined “net zero stretch energy code” would exacerbate the growing housing affordability gap. The substantial added upfront cost to a new home could be an economic barrier to homeownership for many, and the additional costs imposed on workforce rental projects, risk rendering uneconomical already marginal workforce rental projects in many ex-urban communities.

The HBRAMA is grateful to Governor Baker for recognizing the negative impacts the Climate Bill would have on housing production and affordability. Legislative leaders have already stated their intention to re-file the bill. The HBRAMA is committed to working with state lawmakers to develop policies and programs that reduce greenhouse gas emissions without unduly increasing the cost of new housing.

A copy of the governor’s veto letter can be found here.
Upcoming Events
Continuing Education Credits:
6.5 MA CSLs (5 Elective & 1.5 Business), 6.5 PDHs, 6.5 AIA, 6.5 HSW CE and .65 ICC (Sitework)
Join us on Thursday, Feb. 25 for the virtual Best in American Living Awards celebration. Throughout the event, over 160 of the nation’s best homes and communities will be recognized for their outstanding commitment to the highest-quality residential design. The ceremony will begin promptly at 5:00 pm EST and includes a 30-minute reception and networking event prior to the show.
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