Affordable Housing Advocates Look to Ballot Initiatives, State Legislation

 

Regulatory reform is widely considered an important key in the overall effort to increase the supply and affordability of housing.

 

It's estimated that building a modest house can cost as much as $500,000 today.

 

While the rising price of materials and services are also responsible for this, a significant factor is the expense and delays that are required to meet stringent requirements and regulations. This impacts projects ranging from large developments to renovations by individual homeowners.

 

Despite differences and some controversies over specifics, there is widespread consensus on the need to streamline bureaucratic hurdles and red tape for new housing and rehabilitation of existing properties.

 

Reforms are intended to address excessive or unnecessary regulations and procedures in zoning, building codes and other requirements that proponents say stifle affordable construction and more efficient land-use.

 

One statewide advocacy group is Abundant Housing Massachusetts, a coalition of local community groups and others who

support pro-housing policies.

 

"The state has set a goal of adding at least 200,000 new units of housing in the next 10 years to meet the demand," said Sean Manion, Western Massachusetts regional organizer for Abundant Housing Massachusetts. "But there are many barriers to that. It's necessary to look for ways to unblock housing production."

 

One strategy is to allow a wider variety of permissible housing to be built on more diverse sites.

 

In Massachusetts, the 2024 Affordable Housing Act has brought a number of recent and potential changes. It included 90 new and proposed policies to increase the supply and affordability of housing in the state.

 

One of the changes in the Affordable Housing Act that is expected to add to the supply of affordable housing is a zoning amendment that allows auxiliary dwelling units (ADU) by right without a special permit in single-family zoning districts.

 

An ADU is an additional housing unit on a property with an existing home. It can be an extension or conversion of a portion of the existing home, or it can be a completely separate structure. It can be a rental unit, or home for family members or other purposes. According to the new law, the ADU must have separate entrances and be no more than 900 square feet, or 50 percent of the gross floor area of the existing house.

 

ADUs had previously been prohibited or severely restricted by tight requirements in many communities. While the new law prevents localities from forbidding them, ADUs are still subject to local zoning and building codes, as long as the requirements are not excessive or designed to prevent them.

 

In another recent change, the state has created Starter Home Zoning Districts to encourage the construction of smaller less expensive homes. Adoption of this is voluntary for communities.

 

It enables participating towns and cities to establish special zoning districts that allow up to four smaller homes to be built on one acre, rather than the larger lot sizes frequently required in zoning. As an additional incentive for adopting these districts, participating communities are eligible for state grants.

 

One new regulatory reform that is especially relevant in the Berkshires is a Seasonal Communities Designation. This was recently implemented under the Affordable Homes Act. It is specifically focused on areas like the Berkshires and Cape Cod that experience substantial variations in seasonal visitation, employment, and housing demand.

 

Communities that qualify and agree to adopt this status can gain specific regulatory tools and other resources to benefit year-round residents. At least 18 communities in the Berkshires have been determined to be qualified to request this designation.

 

Among other tools, it enables certain housing to be earmarked for year-round primary residences to protect housing stock from being converted into seasonal residences or short-term rentals.

 

It also creates a housing category called "attainable housing." This is intended to provide home ownership opportunities for middle-income households who do not qualify for affordable housing programs but cannot afford market-rate housing. It limits occupancy in designated units to households with incomes of 250 percent of the AMI or a lower limit as determined by the community.

 

Another facet enables the use of tiny houses as a source of inexpensive housing. Currently these are often limited or prohibited by zoning and building regulations. Numerous other initiatives are currently being explored, both within governments and from advocacy groups.

 

One group called Make Starter Homes Legal has proposed a November ballot referendum to enable more construction of modest inexpensive homes on small lots. It has some similarities to the state's Starter Home Zoning Districts, but the details differ and it would not be voluntary.

 

It would mandate municipalities to allow single-family homes to be built by right on any lot of at least 5,000 square feet in any residentially-zoned area. The site must have at least 50 feet of land bordering the street, and access to public sewer and water services.

 

Abundant Housing Massachusetts supports the Make Starter Homes Legal ballot referendum.

 

"We need interventions on the supply side to build more housing that is affordable," said Manion. "In many residential areas the lot sizes required by zoning are larger than they need to be."

 

However the Massachusetts Municipal Association criticized the referendum largely because it conflicts with local control. It also raises a potential cost and burden of providing infrastructure to these mandated homes.

 

"Zoning decisions are inherently local and have been determined by the residents of our communities," the association's Executive Director Adam Chapdelaine told a Special Joint Committee on Initiative Petitions at a recent legislative hearing.

 

"Any attempt to preempt this local process with a one-size-fits-all policy strips local residents and officials of their role and their voice."

 

However, the association also expressed support for the state's Starter Home Zoning Districts program as an effective tool, because it is voluntary and promotes local zoning decisions with incentives for adoption of the district.

 

Another proposed ballot issue, the Massachusetts Rent Control Initiative sponsored by a group called Keep Massachusetts Home, would limit annual rent increases across Massachusetts to the cost of living, with a cap at 5 percent. It would also prevent predatory evictions and prohibit drastic rent spikes between tenants.

 

It is primarily aimed at large corporate landlords. To protect smaller landlords it would exempt owner-occupied buildings with four or fewer units. It would also support new construction by delaying implementation for a project's first 10 years.

Proponents say this is necessary to allow tenants to have housing stability, especially at a time when rents are increasing rapidly, and many rental properties are being acquired by large investors.

 

However it has also raised opposition. Critics say that such rent limitations would stifle the incentives to build or maintain rental housing. Regulatory reform also raises other dilemmas.

 

Most regulations are based on legitimate goals, such as environmental protection and sustainability, and the quality and safety of buildings. However there is often an inevitable tension between conflicting goals.

 

In the Berkshires there is strong support for the region's environmental quality, scenic beauty and open space, and the positive characteristics of its smaller-scale quality of life. This can lead to skepticism or outright opposition to development.

 

A contentious aspect of this is defining the difference between legitimate concerns and NIMBY ("Not In My Back Yard") snobbery and self-centered opposition to community needs like housing.

 

Ultimately the challenge is to find the balance that creates needed housing in ways that enhance the region overall.

 

"If we want to be an economically viable community and retain a workforce, we have to support and invest in housing," said Brad Gordon, executive director of Upside413, (formerly the Berkshire County Regional Housing Authority) a non-profit

housing services agency.

 

"It's possible to do that while protecting the qualities we all value," he continued. "We can take a careful look at our regulations and do a cost/benefit analysis. For example, we can determine what areas are best suited for higher density zoning and by-right duplexes. It will require effort and resources, but it's critical that we create more housing that is accessible and affordable for everyone."