Letter to the Conferees on the Affordable Homes Act

My name is Jonathan Cohn, and I am the policy director at Progressive Massachusetts. We are a statewide, multi-issue, grassroots membership organization focused on fighting for policy that would make our Commonwealth more equitable, just, sustainable, and democratic. 

Massachusetts faces a growing affordable housing crisis. To rent the average 2-bedroom apartment in Massachusetts requires an income equal to $37.97 per hour, more than twice the minimum wage. Home ownership has become increasingly out of reach, as the state’s median home price has passed $600,000. The high cost of housing has led to displacement, and in a growing number of municipalities, the local workforce can no longer afford to live there.

We are grateful for the work spent on the Affordable Homes Act (H.4726) this session, as it contains a number of critically important tools for addressing this affordability crisis. 

We appreciate the inclusion in both chambers’ bills of provisions such as legalizing accessory dwelling units as of right with minimal restrictions (Sections 7 & 8 of the House bill,  Sections 10 & 11 of the Senate bill), streamlining the process for using surplus state-owned land for housing (Section 105 in the House bill, Section 135 in the Senate bill), and creating an Office of Fair Housing (Section 5 of the House bill, Section 8 of the Senate bill). 

When negotiating a final version of this bill, we urge you to incorporate the great ideas present in both bills, notably the following:

  • Eviction Sealing Protections (Section 66 of the Senate bill), which would provide tenants with the ability to seal an eviction record in certain types of cases at certain times. Right now, there is nothing tenants in Massachusetts can do to seal an eviction record—even if they did nothing wrong, won the case, or paid off any rent due. The moment an eviction case is filed—regardless of the reason or the outcome—a tenant has a permanent and publicly available eviction record on the Trial Court’s website that creates a significant barrier to finding a next place to live.
  • Tenant Opportunity to Purchase local option (Section 36D of the House bill), which would provide cities and towns the ability to pass ordinances to give tenants the right to buy their buildings by matching a third-party offer when their building goes up for sale. TOPA gives tenants, or a non-profit they designate, a chance of becoming owners of their homes, preserving affordability and requiring no loss of profit to the seller. 
  • Banning Broker’s fees (Section 37 of the Senate bill), which would ensure that renters are not burdened with unreasonable costs and would promote transparency and fairness in real estate transactions. As tenants struggle to afford to rent in our increasingly unaffordable housing market, brokers’ fees can make housing options unattainable due to the increase in upfront costs required. A renter who moves every few years could have to pay such costs each time, and tenants on housing vouchers face restricted housing options due to the barriers these fees create. Moreover, MA is an outlier, as in most states landlords have to bear the full fee. The Boston Globe has excellent recent reporting on this issue: https://www.bostonglobe.com/2024/07/10/business/rental-brokers-boston-september-leases/. 
  • Foreclosure Mediation Pilot Program (Section 150 of the Senate bill), which would help ensure housing stability. Under mediation, a homeowner and lender meet face-to-face with a mediator and discuss how to address a default. Sixteen states and DC have already adopted this proven policy. This excellent Boston Globe article underscores the importance of such a program: https://www.bostonglobe.com/2024/07/12/opinion/homeowners-foreclosure-mediation-legislature/. We also echo the call for minor modifications to the language as urged by the Homes for All coalition. 
  • Inclusionary Zoning by Simple Majority (Section 13 of the Senate bill), which would allow cities and towns to pass, by simple majority, ordinances that require up to and including 13% of new units be affordable. Inclusionary zoning helps increase the economic diversity of affluent communities and expand affordable housing options. 
  • Small Properties Acquisition Fund (Line Item 7004-0073, line 312, in the Senate bill), which provides not less than $10,000,000 for a Small Properties Acquisition Funding Pilot established in item 1599-6084 of section 2A of the Acts of 2022. This would provide subsidies for nonprofit acquisition of homes from the market, and by including funding for the production of affordable homeownership units that can be kept affordable in perpetuity.
  • Housing Shortage Commission (Section 142 of the Senate bill), which would establish a commission to produce a report about policies that can provide sustainable and equitable housing solutions to: (i) improve housing production; (ii) address racial wealth disparities in housing; (iii) ensure regional equity in housing; and (iv) prevent chronic homelessness, with the commission’s purview including studying a transfer fee, a vacancy tax, a blight tax, an increase in the excise tax, and community land trusts. 

We hope that these measures will find your support. Poll after poll shows that voters across the Commonwealth want comprehensive action on housing, and this bill can be an important step forward. 

Sincerely, 

Jonathan Cohn 

Policy Director 

Progressive Massachusetts