This 102 page document is the most recently revised set of recommendations by the Town of Arlington’s Redevelopment Board. The report takes into consideration the comments and information provided over the last few months’ public hearing process. It also incorporates a citizen petition which strengthens the case for increasing permanent affordable housing with the passage of these zoning related Articles. Town Meeting convenes on April 22, 2019.
Related articles
Restrictive covenants are a “list of obligations that purchasers of property must assume … For the first half of the 20th century, one commonplace commitment was a promise never to sell or rent to an African American”. [1] These covenants gained popularity after the Supreme Court’s 1917 decision in Buchanan v. Warley.
Rothstein’s book The Color of Law mentions examples from Brookline, MA; Arlington, MA has examples of it’s own. We’ll look at one from an East Arlington deed dating to 1923. Credit to Christopher Sacca for finding these documents.
First, a land plan to establish content. Below is the subdivision plan for a farm owned by Herbert and Margaret Allen. I count a little over 200 lots in this subdivision. The plan itself states that “no single house shall cost less than $6,000 and no double house shall
cost less than $8,000″. This language also appears in the property deed.
One of the deeds from these parcels appears in book 4631 page 218 and book 4631 page 219, in the Southern Middlesex registry of deeds.
Here’s page 218; the deed begins at the bottom.
Here’s page 219. The racial covenant appears halfway down the page. It reads “No sale or lease of any said lots shall be made to colored people, no any dwelling on any said lots be sold or occupied by colored people”.
The 1920’s were a time of significant residential growth in Arlington, as farmers (called “Market Gardeners” at the time) subdivided and sold off their land. This example shows that Arlington, MA landowners employed some of the same discriminatory tactics for segregation as other communities in the United States. It would take further research to determine how common the use of such covenants was early twentieth-century Arlington.
Footnotes
[1] The Color of Law. Richard Rothstein. pg. 78
by Beth Elliott
I’m a member of the Affordable Housing Trust Fund Board and an attorney with over 15 years of practice in affordable housing law. Views expressed are my own, not those of the Trust.
The Town of Arlington and the Arlington Affordable Housing Trust Fund have created the Acquisition, Creation and Conversion (ACC) Program to provide a flexible source of funding for creating deed-restricted affordable housing in Arlington. Up to $250,000 is available per restricted unit, and the Town has dedicated federal ARPA funds to support the ACC Program.
ACC Program funds can be used to build new deed-restricted affordable units, whether rented or owned. ACC funds can only be used for existing units if the current tenants will not be displaced.
“Deed-Restricted” Is Important
“Deed-restricted” is the key component here. Housing that is “deed-restricted” as affordable housing is protected by a legally binding agreement that is recorded against the property in the registry of deeds. This agreement specifies the levels of affordability that must be maintained and for how long. It’s a public commitment to provide affordable housing that binds the current owner of the property as well as anyone else who buys the property while the restriction is in place. The ACC Program requires affordability for at least 20 years for rental units and in perpetuity for homeownership units. For rental properties, this means that tenants know that their units will remain affordable for the long term, even if their landlord changes.
Personally, I’m most excited about the potential to use the ACC Program to apply these protections to existing naturally occurring affordable housing in Arlington. For example, if an owner of an existing apartment building participates in the ACC Program, some or all of the apartment units will become deed-restricted affordable housing. Because ACC Program funds can only be used if the existing tenants aren’t displaced, this locks in deed-restricted affordability for the existing tenants. This innovative feature of the program is rare in my experience of affordable housing programs, and it has RFP potential to make meaningful change for existing tenants of naturally occurring affordable housing.
Get the Full Rules
In addition, the ACC Program can be combined with other funding sources, so there is great opportunity for owners to propose their own solutions. The Request for Proposals (RFP) issued for the ACC Program, available here, provides the full rules for participating in the program.
Thanks to so many of you who came out Monday evening for the demonstration in support of the MBTA Communities proposal before the Arlington Redevelopment Board meeting! Over 20 people were there – a substantial and notable showing, especially on such short notice. Paulette Schwarz took some photos of the demonstration early in the evening which she kindly shared with us.
Why Is This Our Issue & What Should We Do About It?
(presented by Adam Chapdelaine, Town Manager, to Select Board on July 22, 2019)
Overview
Since 1980 the price of housing in Massachusetts has surged well ahead of other fast growing states including California and New York. While the national “House Price Index” is just below 400, four times what an average house might have cost in 1980, a typical house in Massachusetts is now about 720% what it was in 1980. Median household income in the state has only increased about 15% during the same period. No wonder people in Arlington are feeling the stresses of housing costs if they want to live here and are feeling protective of the equity value time has provided them if they bought years ago.
In response to concerns about zoning, affordable housing and housing density, the Town joined the “Mayors’ (and Managers’) Coalition on Housing” to address these growing pressures. This 12 page slide deck presentation outlines the key data points, the number of low and very low income households in Arlington, the rate of condo conversion that is absorbing rental units, etc.
Solutions are offered including:
• Amendments to Inclusionary Zoning Bylaw
• Housing Creation Along Commercial Corridor – Mixed Use & Zoning Along Corridor
• Accessory Dwelling Units – Potential Age & Family Restrictions
• Other Tools Can Be Considered That Are Outside of Zoning But Have An Impact on Housing
Chapdelaine’s suggested next steps are:
• Continued Public Engagement
• Town Manager & Director of DPCD Meet with ARB
• Select Board & ARB Hold Joint Meeting in Early Fall
• ARB Recommends Strategies to Pursue in Late Fall/Early Winter
The Select Board approved the suggested next steps and a joint ARB/ Select Board meeting should be scheduled in the near future.
Note from Reporter: As a community, Arlington has long prided itself on its economic diversity. With condo conversions, tear downs leading to “McMansions”, higher paid workers arriving in response to new jobs, etc., Arlington is at great risk of losing this diversity that has long enriched the community. Retirees looking to downsize and young people who have grown up in Arlington looking for their first apartment are finding it impossible to stay in town. Shop keepers and town employees are challenged to afford the rising housing costs. With a reconsideration of zoning along Arlington’s transit corridors, Arlington NOW has an opportunity to create new village centers, like those recommended in the recent STATE OF HOUSING report. These village centers along our transit corridors could be higher, denser but also offer the compelling visual design and amenities desired by people who want to walk to cafes, shops and public transit.
In a 2019 study, MAPC found that:
- Three out of ten spaces sit empty during peak demand
- The key factors that drive parking demand are parking supply, transit accessibility and the percentage of deed-restricted units
This study raises important questions about the wisdom of continuing to commit large sections of the land area of our municipalities to be on reserve for parking cars. Such extra space could be used to benefit the open space, environmental sustainability and the need for more housing.