Stephen Medeiros

Before the Massachusetts legislature ended its session, it approved an economic development package that included the Housing Choice bill. This bill was supported by representatives of the real estate community, affordable housing advocates, municipalities, business interests and the planning community. These groups are all very aware of the housing crisis faced by current and future residents of the commonwealth.  

The legislation will enable cities and towns to adopt certain zoning best practices related to housing development by a simple majority vote, rather than the current two-thirds supermajority. This will make it easier for municipalities to rezone for denser, transit-based or downtown-oriented new housing development. Some examples include:    

• Building mixed-use, multifamily and starter homes,  
• Developing accessory dwelling units, or “in-law” apartments,  
• Decreasing parking ratio requirements,    
• Protecting natural resources areas that will not decrease housing development, 
• Modifying structure size and height, yard sizes and setbacks to increase housing 
• Constructing multifamily housing within one-half mile of mass transit stations or mixed-use developments in commercial centers. 

There is a housing crisis in Massachusetts. The issue is not limited to the suburbs of Boston or on the Cape, where many moved full-time during the pandemic. In early January there were no homes for sale in all of Townsend and Leominster, and only 14 in Longmeadow.  

If left unresolved it threatens not only the state’s long-term economic competitiveness and growth, but also our vibrancy and diversity. Just last month, it was reported that Massachusetts was no longer home to one of the top ten metro areas in the country by population, with Greater Boston slipping to number 11 behind Greater Phoenix.  

Increasing both the number and types of homes available across the state is a key component to ensuring that the state remains inclusive and thriving, a place where people both want, and are able to, live, work and put down roots.    

Simple Majority Simplifies Process 

The bill is an agreeable option as it allows the municipalities to still vote on zoning changes through a simple majority approval threshold, continuing the tradition of local control over land use decisions.  

This is an important improvement to local land use governance in our communities. In recent years, we have seen proposed zoning changes to enable multi–unit housing developments receive majority support yet fail by just one vote in a city council. Similarly, we have seen proposals to allow a homeowner to create an Accessory Dwelling Unit (ADU) on their property with minimal impact to infrastructure, meet the same fate. 

This new policy will hopefully allow more projects to be approved and more development to occur in a way municipalities are comfortable with. The bill also directs the state to put forth guidance for communities to help promote understanding of its effects on existing types of zoning, an important step in implementation. 

What does this all mean in practice? Take the example of ADUs, also known as in-law apartments or “granny flats.” These are small dwelling units, accessory to a primary residence built on the same property. These units may be within or attached to a primary residence (for example, a ground-level apartment), or they may be a separate detached structure.  

If a municipality approves ADUs by-right, which it will be able to do by a simple majority vote under this legislation, the process to build one will become predictable and streamlined for homeowners. The municipality will still be able to regulate these structures but will do so through clear standards that, if met, ensure permission to proceed. This is a significant positive change, removing a lengthy public process that is often unpredictable and discretionary and making ADU construction a more attractive option.       

Sustainability Concerns 

Other concerns for sustainability include how local resources can support additional residents. One important resource is broadband. Now more than ever, the access to the internet is essential. Many rural areas do not have the high-speed internet access that more metropolitan areas can provide to residents. This new bill also provides $5 million to fund capital repairs and improvements to broadband infrastructure.  

More funding is also on its way from the federal government, which allocated $7 billion in the recently enacted COVID relief bill to expand broadband access. Roughly half of the federal funds will help low-income families afford internet costs. The other half will be used for several purposes including replacement of equipment and increasing rural deployment.  

As the demand for housing is so great, the pricing of housing has increased more than 14 percent over the past year. This latest bill includes $50 million for the creation of low- and moderate-income affordable housing near public transportation and $10 million to support the creation and preservation of climate resilient affordable multifamily housing.  

There is no quick fix for housing demand. There needs to be a concerted effort to understand the demand and a willingness to work together to provide options.  

Stephen Medeiros is 2021 president of the Massachusetts Association of Realtors and a Realtor with Keller Williams Realty in Easton.