housing

LTE: High rents have young people putting Boston in the rearview mirror

Jonathan Cohn, “High rents have young people putting Boston in the rearview mirror” (letter), Boston Globe, March 15, 2024.

Last year, the Greater Boston Chamber of Commerce said that Massachusetts needed to cut taxes on businesses and the rich because otherwise people would flee the state. They won a generous tax package, but cutting the tax on the estates of multimillionaires and the tax on day traders and speculators won’t change the minds of young people about where to live.

Indeed, the chamber’s own new study (“ ‘Alarming’: 1 in 4 young people eye leaving Boston,” Business, March 13) shows that one of the main reasons young people consider moving away is that rent is far too high. It’s the fourth-highest in the country.

Zoning reforms that the chamber supports can make a small dent, but we also need to invest more money in affordable housing and to strengthen tenant protections. Boston has proposals to do both, with home rule petitions to create a real estate transfer fee to fund affordable housing and stabilize rents. Other municipalities do so as well, and the governor’s housing bond bill has language around the former. I’d welcome the chamber’s support for such clear solutions to an urgent problem facing the region.

Jonathan Cohn

Policy director

Progressive Massachusetts

housing tax fairness

Have a Local Newspaper? Make Your Voice Heard.

Massachusetts faces a growing affordable housing crisis, and we can see it everywhere in the Commonwealth.

The only way to tackle that housing crisis is with a multi-pronged approach of protecting tenants from displacement, increasing housing production, and investing more in affordable housing.

We need bold action from the Legislature this session.

Governor Healey’s housing bond bill (the Affordable Homes Act) offers a strong foundation. But it can be improved in key ways so that it can do more to deliver on a vision of affordability for all.

Here’s one way you can help.

If there’s a local paper in your community (Don’t know? check here.), you can write a letter to the editor or an editorial to talk about why you care about bold housing action this session and what that looks like.

Never written one before? Don’t worry — we can provide a template for you to use with key talking points that you can customize for your community.

Whether you’re a first-time writer or a pro, let us know if you’re able to write one, and we’ll follow up with more information.

Write an LTE in your community

Urge Your State Senator to Vote YES on the EARLY ED Act!

Last week, the MA Senate released the EARLY ED Act, a bill that provides a comprehensive framework for making high-quality early education and care accessible and affordable in Massachusetts! This bill would:

Make the state’s Commonwealth Cares for Children (C3) operational grant program permanent, providing a stable source of funding for child care providers
Expand eligibility for child care financial assistance to many Massachusetts families
Boost compensation for early educators by creating a career ladder and providing scholarships and loan forgiveness
Take numerous other steps to make high-quality early education and child care more affordable and accessible to Massachusetts families

This bill is an important step towards achieving the full Common Start Vision of high-quality, accessible, and affordable early education and care for all families in Massachusetts.

Write to your state senator in support of the bill.

Activist Afternoons is continuing this weekend!

Join us at 4 pm at St. James Church in Porter Square!

We’ll be making calls about key progressive legislation at the State House, like raising the minimum wage to $20 and enabling cities and towns to pass real estate transfer fees in order to raise dedicated funding for affordable housing.

Bring a laptop, a headset (if you want), and a smile!

RSVP for Activist Afternoons

child care housing

Letter: Legislature must act on state’s housing crisis

Al Blake, “Letter: Legislature must act on state’s housing crisis,” Berkshire Eagle, March 2, 2024.

To the editor: Massachusetts and the Berkshires have a housing crisis.

To rent the average two-bedroom apartment in Massachusetts requires an income equal to $41.64 per hour, more than twice the minimum wage. Homeownership has become increasingly out of reach as the state’s median home price nears $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. The Legislature needs to take action before the crisis gets worse.

I’m glad that Gov. Maura Healey has responded to this crisis by introducing the Affordable Homes Act, which combines funding authorizations for various housing programs with important new policy measures for affordable housing. One of the most exciting proposals is the real estate transfer fee local option. This would enable cities and towns to levy a small fee on large real estate transactions in order to create a dedicated revenue stream for affordable housing production and preservation.

I am grateful that the housing crisis will be at the center of the Legislature’s attention this year, and I hope that our Berkshire legislators will advocate for the strongest legislation possible as the only way to make or keep that a reality is through good policy.

Al Blake, Becket

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Testimony on the Affordable Homes Act

Thursday, January 18, 2024

Chair Edwards, Chair Arciero, and Members of the Joint Committee on Housing:

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 glad to see that Governor Healey recognizes the need to use a variety of tools to address our housing crisis and strongly support the comprehensive approach in the Affordable Homes Act, H.4138.

We were delighted to see the inclusion of key provisions like the following:

Creating a five-year housing plan (which should focus not only on supply but also on affordability to different income levels)
Enabling cities and towns to pass inclusionary zoning ordinances by simple majority—a vital tool for increasing affordable housing supply and diversifying communities
Making it easier to use public land for housing development
Establishing an Office of Fair Housing
Launching a Social Housing pilot program
Authorizing $150M for public housing decarbonization and $115 million for sustainable and climate-resilient affordable housing
Permitting Accessory Dwelling Units (ADUs) of <900 SF to be built by-right in single-family zoning districts in all communities and prohibiting the parking mandates and owner-occupancy requirements many municipalities use to make ADUs harder to build
Enabling cities and towns to pass real estate transfer fees as a tool to raise money for affordable housing production and preservation
Creating a process to enable individuals to seal eviction records

All of these are essential to a three-pronged approach to the housing crisis: protecting tenants, increasing housing production, and investing more in affordable housing. We can do all three, and this bill does.

However, we would like to outline how to make some of these provisions more accessible and effective as well as some additional measures to consider including.

Real Estate Transfer Fee Local Option

Cities and towns across Massachusetts want to take action to address the housing crisis, but they are often unable to do so without state approval. Seventeen communities have now requested the ability to use this tool, beginning with Provincetown in 2010. In the years since this initial request, circumstances have only become more dire, and more cities and towns have passed such home rule petitions or are actively considering doing so.

Our housing crisis is simply too great to leave funding and financing tools on the table. All communities must be able to use this tool that will allow us to generate additional resources for desperately needed local affordable housing.

To ensure that the transfer fee language in the bill can best meet the needs of diverse cities and towns, we urge the following:

Setting the Right Threshold: Home sale prices vary greatly across Massachusetts, with rural communities and Gateway cities often having property values well below $1 million. They should still be able to benefit from this tool. Similarly, communities should be able to set higher thresholds if that is best for local needs and market conditions.
Maintaining Flexibility: Communities should be able to determine whether buyers or sellers of a property bear fees and should be able to create local exemptions that best apply to their community.
Applying Fees to the Full Transaction: Allowing municipalities to apply fees to the full amount of transactions, rather than only the amount in excess of a threshold, will allow communities with higher needs and sales prices to generate more desperately needed revenue.

Sealing Eviction Records

Regardless of whether one does anything wrong or is actually evicted, being party to an eviction or housing case is being unfairly held against tenants when they try to rent a new place. Even winning in court hurts tenants.

We are delighted to see eviction sealing language in this bill, but we would recommend several steps to ensure that tenants can best be protected:

Ensuring that dismissals, cases that tenants win, and no-fault evictions be automatically sealed by the court as opposed to a petition process which involves extra steps for the court and all parties.
Ensuring that in non-payment cases, tenants can seal after 14 days of paying a judgment and after 4 years if they were unable to pay because of an economic hardship or other good cause reasons.

Ensuring that in a fault eviction, where one must wait 7 years to seal, that an intervening eviction which prevents one from sealing can only be a fault eviction and not just any type of eviction case, such as a no-fault eviction.
Clarifying that the court has the direction to consider disability and domestic violence issues in fault cases and to adjust the sealing process accordingly.

Additional Measures to Include

We join with over 240 organizations to call for the inclusion of Access to Counsel in the Affordable Homes Act. 9 out of 10 tenants are unrepresented in eviction court, leading to higher rates of displacement and community instability. Evictions negatively affect people’s physical and mental health, and result in job loss and decreased school attainment for children. Guaranteeing legal representation to all tenants facing evictions would have a major positive impact.

We also urge you to use this opportunity to repeal the ban on rent control and enable municipalities to enact local rent control ordinances to stabilize housing costs and prevent no-cause evictions. We have been seeing a growing interest in rent control across the Commonwealth, with multiple municipalities filing home rule petitions to be able to take action. Rent control is an essential tool to combat displacement, and cities and towns should be able to pass such policies as fit their local housing situation.

Cities and towns that want to take action should be able to do so, and we urge you to include a Tenant Opportunity to Purchase local option (along the lines of S.880/H.1350), which would enable cities and towns to pass laws allowing tenants to join together to match a third-party offer when their homes are being sold.

We also urge you to use this bill to establish a statewide Foreclosure Prevention Program to require servicers to participate in pre-foreclosure mediation with homeowners to explore alternatives to foreclosures, an idea put forth in S.653 and H.942.

We also urge you to take additional steps to increase our supply of affordable housing, such as by funding and writing into statute the Small Properties State Acquisition Fund, which 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. We also urge you to add an affordability requirement to the Housing Development Incentive Program (HDIP) so that public subsidies to development address the need for affordable housing stock.

Lastly, A Technical Correction

We stand with the Massachusetts AFL-CIO in asking you to address a major concern about Section 35 of the bill. As written, this section would remove the application of prevailing wage laws to certain private development projects on public land. We hope that this was a drafting error and such language can be removed. The state should be using public land to both advance housing goals and create good-paying jobs, and these are not in conflict.

Thank you for all your work on this important bill and vital topic.

Sincerely,

Jonathan Cohn

Policy Director

Progressive Massachusetts

housing

Let’s Get Comprehensive Housing Policy Passed This Session

Massachusetts faces a growing affordable housing crisis, and we can see it everywhere in the Commonwealth.

And the only way to tackle that housing crisis is with a multi-pronged approach of protecting tenants from displacement, increasing housing production, and investing more in affordable housing.

Fortunately, Governor Healey’s housing bond bill (the Affordable Homes Act) offers a strong foundation. But it can be improved in key ways.

That’s where you come in. The Joint Committee on Housing is hearing testimony this Thursday on the housing bond bill.

Can you write to the committee in support of a comprehensive approach to the housing crisis?

Here’s what that would mean:

Allowing accessory dwelling units to be built by right in cities and towns across the state in order to increase the supply of housing (already in the bond bill — let’s keep it there!)
A real estate transfer fee local option that is accessible to cities and towns across the state as a way to raise money for affordable housing production and preservation (in the bond bill — but could be stronger)
Creating a process for the sealing of eviction records so that they no longer remain a permanent mark on tenants and make it more harder to secure housing (in the bond bill — but could be stronger)
Guaranteeing access to counsel so that all tenants have legal representation in eviction court (not in the bond bill — but could be!)
Repealing the ban on rent control and enabling municipalities to enact local rent control ordinances to stabilize housing costs and prevent no-cause evictions (not in the bond bill — but could be!)
Establishing a statewide Foreclosure Prevention Program to require servicers to participate in pre-foreclosure mediation with homeowners to explore alternatives to foreclosures (not in the bond bill — but could be!)

housing

Op-Ed: A New Year’s resolution: Make Mass. affordable

Jonathan Cohn, “A New Year’s resolution: Make Mass. affordable,” CommonWealth, December 28, 2023.

Throughout 2023, we constantly heard elected officials talk about the need for tax cuts to make Massachusetts more “competitive,” pushing a debunked myth that we were about to see an exodus of the well-off due to the Fair Share Amendment and the overall tax landscape. The risk we really face is that our graduates won’t be able to stay here, that young couples won’t be able to make a family here, and that working people will be displaced from one neighborhood to the next before being driven out of the state entirely. All of this is avoidable with good policy.

So let’s hope – and pressure – our elected officials to embrace those policies. And to not give up on a New Year’s Resolution too soon.

Common Start higher ed housing inequality tax fairness

A Recent Win + An Urgent Need for Action

Your Voice Needed: Take Action in Support of Families Experiencing Homelessness

That was the good news — and it’s really good news. But here’s some less good news. Last month, Governor Healey announced that the state would cap the number of placements in the Emergency Assistance (EA) family shelter program and related state-funded family shelter sites due to financial, space, and staffing constraints.After hitting the cap earlier this month, the Administration began implementing a waiting list for families approved for EA shelter, without providing families with alternative safe places to stay.

On November 15, the Legislature ended formal sessions for the calendar year without approving a supplemental budget that would provide critical funding to serve families experiencing homelessness.

With winter rapidly approaching, it is vital for the Legislature to take action.Can you write to your legislators today to underscore the importance of passing such funding and requiring that some of it be earmarked for overflow shelters? Email your legislators

housing no cost calls

Rent Control and TOPA are Vital Parts of a Housing Policy Toolkit

Tuesday, November 14, 2023

Chair Edwards, Chair Arciero, and Members of the Joint Committee on Housing:

My name is Jonathan Cohn, and I am the Policy Director of Progressive Massachusetts, a statewide grassroots advocacy group committed to fighting for an equitable, just, democratic, and sustainable Commonwealth.

We urge a favorable report for S.1299 / H.2103: An Act enabling cities and towns to stabilize rents and protect tenants, S.872 / H.1304: An Act enabling local options for tenant protections, and S.880 / H.1350: An Act to guarantee a tenant’s first right of refusal.

Massachusetts has a lot to offer, but that does little if people can’t afford to live here. The US News & World Report’s annual state rankings put Massachusetts at #45 in affordability. [1] A worker earning minimum wage in Massachusetts would have to work 91 hours a week to afford a modest one-bedroom rental home at market rate. [2]

Clearly, Massachusetts has an affordable housing crisis. This is unsustainable. It has led to expanding economic inequality, increased homelessness, and damage to our economy, as talented workers often leave the state for less expensive regions.

Solving this affordable housing crisis will require us to use every tool in the toolbox. That requires zoning reform that encourages the creation of walkable, sustainable, and inclusive communities. It requires public investment. And it requires strengthening tenant protections that ensure that communities can remain affordable, inclusive, and stable.

However, municipalities across Massachusetts are blocked from taking the necessary steps to address the housing crisis. The misguided statewide ban on rent stabilization policies and a stringent home rule system that prevents municipalities from passing their own laws to govern the basic aspects of civil affairs hamstring municipalities.

By enabling our cities and towns to pass rent control ordinances tailored to their local needs, we can stem the displacement that is hitting so many communities.

We cannot build our way out of the crisis alone because the people at the highest risk for displacement will already be pushed out before they can benefit from any medium to long-term reduction in rents.

There is a lot of fear-mongering around rent control, but I want to make a simple point. If you don’t think a landlord should be able to double or triple someone’s rent in a year after doing no work on the property, you believe in rent control, and the question is just a matter of percentages and exemptions.

On too many issues, Massachusetts is haunted by the ghosts of ill-advised ballot initiatives past. It’s 2023, and we need to act like it.

Empowering cities and towns to respond to our housing crisis also requires passing the Tenant Opportunity to Purchase Act (TOPA). The TOPA bill, which is similarly an enabling bill, recognizes that we need to preserve our affordable housing stock. Too often, when large landlords sell a building, a mass eviction or rent hike follows for the tenants. TOPA shows that there is another way: as has been a proven success in DC for decades, we could enable tenants to come together to purchase the building—and be granted the right of first refusal in doing so. It’s a common-sense policy for community stability and affordable housing at no cost to the state.

Sincerely,

Jonathan Cohn

Policy Director

Progressive Massachusetts

[1] https://www.usnews.com/news/best-states/rankings/opportunity/affordability

[2] https://nlihc.org/oor/state/ma

housing

PM Joins Coalition of 100+ Groups Calling on Legislature to Fund Emergency Assistance Family Shelter

Progressive Mass signed onto the following letter organized by the Massachusetts Coalition for the Homeless and the Massachusetts Law Reform Institute. You can see the full list of signers here.

October 30, 2023

The Honorable Senate President Karen Spilka
Office of the Senate President
State House, Room 332
Boston, MA 02133

The Honorable Speaker Ronald Mariano
Office of the Speaker of the House
State House, Room 356
Boston, MA 02133

Re: Please Fund Emergency Assistance Family Shelter; Don’t Leave Kids Out in the Cold

Dear Senate President Spilka, Speaker Mariano, and members of the Legislature:

Thank you for your longstanding strong support of children and families in the Commonwealth. We are grateful for your commitment to meeting residents’ basic needs, and especially the needs of the most vulnerable members of our communities.

We write to ask you to urgently provide enough supplemental funding for the Emergency Assistance (EA) family shelter program to enable it to continue to serve all eligible families who are experiencing homelessness at least through January. This would give state leaders time to carefully consider policy solutions to the surge in demand for family shelter. It would also be consistent with the 90-days advance notice that the line item, 7004-0101, requires before eligibility changes are made. Such notice has not yet been provided by the Administration to the Legislature.

There is no greater basic need than shelter from the elements, which is why we are so proud to live in a state that guarantees a right to shelter to eligible children in need. We are keenly aware that the EA system is under great strain at the moment, and you and the Administration are working to develop solutions. In the meantime, however, we are deeply, deeply troubled by the notion that the state may shut shelter doors to new applicants and place eligible families on a waiting list starting this week, on November 1st.

We have seen what happens when families cannot access shelter. Toddlers huddle with their parents on the street. Children are forced to sleep in cars in the bitter cold. Parents and guardians attempt to protect themselves and their small loved ones from inclement weather and physical danger in places not meant for human habitation.

Please appropriate the necessary funds to sustain our shelter system through January, at a minimum, as an interim measure while working to develop a more comprehensive, family-focused response that could be enacted when the Legislature returns from its winter recess.

Sincerely,

housing

What’s in the Governor’s Bond Bill? And What’s Next?

On October 18, the Healey Administration released their proposed housing bond bill, named the Affordable Homes Act.

The bill includes $4 billion in capital spending authorizations, 28 policy changes or initiatives, three executive orders and two targeted tax credits focused on addressing the state’s worsening affordable housing crisis.

The $4 billion in capital spending authorizations includes $1.6 billion for public housing ($150 million of which would go toward decarbonization efforts). You can read an overview of the spending authorizations here, but below we want to focus on a few of the policy proposals that align with legislation we have been supporting.

But first: what is a bond bill? A bond bill is legislation that authorizes the state to issue and sell bonds to fund capital projects and programs. The bond bill contains capital authorizations, which identify programs that can be funded through revenue raised through said bonds. Importantly, a bond bill only authorizes the spending; continued advocacy is necessary for the spending to become a reality afterwards.

But back to the policy overview…

GOOD

Creation of a five-year housing plan

The bill would require the Executive Office of Housing and Livable Communities to prepare a statewide housing plan every 5 years, conducting regional outreach following robust data analysis. Having more intentionality around our housing needs is certainly important.

Accessory Dwelling Units (ADUs) As-Of-Right

Many cities and towns across the state have been fighting to pass zoning reforms to allow Accessory Dwelling Units (ADUs) — small, independent residences built on the same lot as a single-family home — as a way to increase affordable housing stock. The bill would permit ADUs of <900 SF to be built by-right in single-family zoning districts in all communities–in other words, eliminating the need for special zoning ordinances by the city or town to permit them.

The bill would prohibit owner occupancy requirements, which have worked against efforts to desegregate communities. Affordable rental stock is key to having a racially and economically diverse community.

The bill also prohibits parking mandates to ADUs within ½ mile of transit, making them more affordable to build as parking spaces cost money and thus make housing less affordable.

Inclusionary Zoning by Simple Majority

When Massachusetts recently updated the state’s zoning laws to allow cities and towns to approve certain new zoning ordinances by simple majority, this suite of reforms notably did not include inclusionary zoning ordinances, which would require developers to build a certain percentage of affordable units as a part of new construction.

This bill would correct that omission and add inclusionary zoning ordinances and bylaws to the list of zoning changes municipalities can pass by a simple majority in the relevant legislative body (e.g., city council, town meeting).

Surplus Public Land Disposition Reforms

We need to build more housing and more affordable housing, and that requires land to build it on. The bill would help streamline the disposition of land under the control of a state agency or quasi for housing purposes. When the state owns the land, it can also lower the costs of building housing, making it easier to build affordable units.

Establishing the Office of Fair Housing

The bill establishes an office within the Executive Office of Housing and Livable Communities with explicit focus on fair housing and establishes a trust fund for enforcement initiatives, fair housing testing, education, and outreach. Strong fair housing laws and enforcement ensure that people are not discriminated against in buying or renting a home for reasons of race, color, national origin, sex, gender identity, sexual orientation, disability, etc.

NEEDS IMPROVEMENT

Local Option Transfer Fee

Cities and towns across the state facing a dire lack of affordable housing have turned toward transfer fees as an option: by imposing a modest fee on high-end real estate transactions, cities and towns can raise money for their affordable housing trusts. Seventeen cities and towns have home rule petitions to do this before the State House, a sign of both the breadth of support as well as the limitations municipalities face in addressing the crisis on their own.

The bill would allow municipalities and regional affordable housing commissions to adopt a transfer fee of 0.5% – 2.0%, paid by the seller, on the portion of sale proceeds over $1M or the county median home sales price, whichever is greater, with the revenue used for affordable housing development.

This proposal is great for Boston, whose transfer fee HRP would apply to property sales over $2 million (on their value over $2 million), but it would limit some of the other HRPs.

For instance, Amherst is interested in a transfer fee, but the median home sale price in Hampshire County is only $427,500. Pushing the threshold up to $1 million would severely limit how much they could raise.

And on Martha’s Vineyard, where all of the towns have been actively lobbying for their Home Rule Petitions given a dire housing crisis, this would push up their threshold to over $1.3 million, again limiting how much they could raise.

Eviction Sealing

Having an eviction record is creating a devastating barrier for tenants looking for housing. Records are created as soon as a case is filed and are publicly available forever–– regardless of the outcome. These records impact people’s ability to obtain housing, credit, and employment, harming many and disproportionately impacting women and people of color. Regardless of whether one does anything wrong or is actually evicted, being party to an eviction or housing case is being unfairly held against tenants when they try to rent a new place.

There’s a clear solution to this problem: sealing eviction records, either immediately in cases of no-fault or for a defined period of time for other cases.

The bill would provide a process for tenants to petition the court to seal an eviction record for (i) no-fault evictions: after conclusion of the case; (ii) solely non-payment evictions: no other eviction action within past 3 years and judgment for underlying eviction has been satisfied; and (iii) all other fault evictions: 7 years from conclusion of the matter and 3 years without any other eviction case filed against the tenant. It would also prohibit consumer reporting agencies from disclosing information in a sealed eviction record.

Although this is a step forward, we should not burden tenants with unnecessary bureaucratic steps to seal eviction records. Rather than enabling them to petition a court, the court should automatically seal records at the given benchmarks, as was the case in a prior iteration of the HOMES Act.

What’s Next?

The bill will have a hearing with the Joint Housing Committee and possibly other committees, and given the history of past bond bills, it may not be finalized until the end of the session. But what that means is that your state legislators need to be hearing from you.

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