Related articles
(by Steve Revilak)
In 2021 the Massachusetts State Legislature passed the MBTA Communities act, which requires cities and towns served by the MBTA (aka “MBTA Communities”) to create districts where multi-family housing can be built by-right, without a disretionary approval process. The law was intended to help address the Commonwealth’s housing shortage, and to encourage more transit-oriented development. Building housing near transit and walkable areas has a lot of environmental benefits; it let’s people take trips without driving, lessens congestions, and cuts down on greenhouse gas emissions. It’s a solid strategey.
Arlington created its multi-family districts in the fall of 2023 and the Attorney General’s office approved them in June 2024. The laws have been on the books for just over a year — what kind of a difference are they making in Arlington?
2024 was a slow year for the MBTA Communities act in Arlington; there was one application which turned a two-family home on Belknap St into a pair of two-family homes, for a net change of two additional dwellings. 2025 has brought more activity. There are four applications under the review by the Arlington Redevelopment Board but none have been approved yet. These are:
- 225 Broadway, to convert a two-family home into a four-family,
- 126 Broadway, to convert a two-family home into a mixed use building with space for a business on the first floor, and 14 apartments,
- 18 Grafton, to convert a one-family home into a four-family, and
- 9-11 Robbins Road to convert a two-family home to nine apartments
There was an additional application to convert four apartments to five at 259 Broadway, but the applicant withdrew after their first hearing.
If all of these projects are approved, the net change will be an additional 26 homes, which represents a 0.1% increase relative to the 20,460 dwellings that Arlington had as of the 2020 census. It’s been a very slow trickle.
The MBTA Communities act was a meaningful reform which is just starting to make a difference. It’s bringing proposals for smaller multi-family homes that used to be the mainstay of our housing stock, but are generally rare today. However, the MBTA Communities Act is only one tool and Massachusetts will have to do more in order to build the 222,000 homes we need.
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
Like numerous metro areas in the United States, Greater Boston has both a shortage of housing and high housing costs. According to a recent presentation by Town Manager Adam Chapdelaine, Boston and the immediate surrounding communities added new 148,000 jobs and 110,000 new residents in the period 2010–2017. But despite the increase in jobs and population, we’ve only permitted 32,500 new homes.
This shortage led the Metro Mayors Coalition — a group of 15 mayors and town managers in the Greater Boston area — to establish a housing task force. The task force set a goal of producing 185,000 new homes during the period 2015–2030. There’s a lot said about that number, and the commitments each community has been willing to make. 185,000 new homes is the big ask, but there’s more to the MMC’s efforts than a simple production goal.
The MMC established a set of ten guiding principles, which are as follows:
- Stakeholder and Municipal Engagement. We must engage in broad, inclusive outreach to municipal officials, residents, and other stakeholders within and beyond the MMC to understand and address regional housing concerns.
- Housing Production. We strive to increase the production of housing throughout Metro Boston so that we can provide homes for all types of households and income levels. This should include both rental and homeownership opportunities, consistent with regional need, and designed in ways that respect the neighborhoods in which they are located.
- Housing Preservation. We support the preservation of existing affordable housing choices. This includes protecting affordable apartments at risk of expiring subsidies or deed restrictions; preserving “naturally occurring” affordable housing; repairing older homes in need of maintenance and minimizing tear-downs; and preserving smaller homes.
- Housing Affordability. We welcome and will invest in the development of housing that is affordable to low-, moderate-, and middle-income households.
- Housing Stability. We will work to address extreme cost burdens, minimize the risk of displacement, reduce evictions, eliminate unfair rental practices, create permanent housing for homeless residents, and ensure safe and stable housing throughout Metro Boston.
- Fair Housing. We are committed to addressing discrimination against tenants and buyers, and advancing fair and equitable access to housing opportunity for everyone.
- Housing Diversity. We promote the development and preservation of diverse types of rental and homeownership housing at a range of scales and a unit mix inclusive of multiple bedrooms.
- Housing Design. We support universal design in housing to create accessible and barrier-free homes through the incorporation of features that are commonly available and easily usable by people of virtually all ages and abilities.
- Housing Location. We encourage residential and mixed-use development in transit-accessible and/or walkable areas where people can get around locally and make connections throughout the region without relying on private auto. We also support creation of more such neighborhoods through expansion of public transit and retrofits of select former industrial sites.
- Complete Neighborhoods. Our commitment to greater housing opportunity is part of a holistic approach to community building that includes a mix of land uses and access to open space. Our residents want to live in areas that offer a range of activity throughout the day and evening.
In addition to the guiding principals, the Task Force’s web site lists dozens of strategies for consideration. Some focus on the three cost drivers of housing production: land, labor, and materials. Others focus on more holistic aspects, like fairness and diversity. The overall list of strategies includes: tenant protections like rent control, requirements for just-cause evictions, and the right of first refusal; community benefit agreements, housing cooperatives, and community land trusts; transfer fees, linkage fees, vacancy taxes, and anti-speculation taxes; use of prefabricated homes and modular construction techniques; and a variety of approaches for community engagement and education.
In summary, the MMC has put a lot of thought into the process — far more than simply coming up with a number.
Beginning last July, 2020, the Town of Arlington and community groups in the town are sponsoring a number of webinars and zoom conversations addressing the need for affordable housing programs in Arlington. Several factors contribute to the Arlington housing situation: diversity of housing types, prices, diversity of incomes, availability of housing subsidies, rapid growth in property values that greatly exceed the rate of growth of income.
But racism, both historic and current, continues to stand out as a significant force contributing to the difficult housing situation.
One of the first public discussion in the Town on this subject was organized by Arlington Human Rights Commission (AHRC) on July 8, 2020. View it here:
Some years back, I took a bus ride to a climate rally in New York City with a bunch of other activists. My seatmate was 12 years old, a smart kid from the suburbs who had never been to New York. As we approached Manhattan on the Cross Bronx Expressway, he looked out at a block of concrete apartment buildings and said something like: This is what happens when you don’t care about the environment. Actually, I replied, this is green living: People live close together; they can walk or take public transit; they live in apartments, share walls and heat and are relatively energy efficient; their carbon footprint is far lower than a family in a “green”, leafy single-family suburban house.
But my traveling companion was not altogether wrong about what he saw: New York, Boston, and every other city are now at pains to make a humane, equitable adaptation to a changing climate. We don’t want to create living spaces that bake in the sun’s heat, that have no shade or greenery or open space, surrounded by asphalt and highway, beset with deadly particulate pollution, flooding risk, and polluted stormwater runoff. Heat and air pollution are an expensive and deadly burden that fall especially heavily on low- and middle-income folks — a burden cruelly increasing with climate change.
As we decide what kinds of housing we are going to encourage in Arlington, we can do things in a more compassionate and inclusive way. We can incorporate environmental and aesthetic concerns, while allowing a mix of housing types that accommodate people of diverse incomes, family sizes, and life stages.
We can address both the climate crisis and the crisis-level housing shortage in Greater Boston. Environmental concerns are not a reason to say no to new housing. Rather, they are a part of the housing solution, in Arlington and regionally.
As Laura Wiener detailed in another post, The Housing Corporation of Arlington development at 10 Sunnyside (between Broadway and Mystic Valley Parkway, near Route 16), is an excellent example of implementing environmental/sustainability measures in an affordable (i.e. income-subsidized) multi-family dwelling. It is Passive House certified: An extremely stringent standard, using a combination of advanced and repurposed materials, high- and low-tech, to provide human comfort while bringing energy use to an absolute minimum.* The development features plentiful bike parking and a roof garden. It converts previously impervious pavement to landscaping, like planters, where stormwater can infiltrate the ground rather than carrying unfiltered pollutants into Arlington’s water bodies.
Another example of green infrastructure lives charmingly and unassumingly on some of our street corners. In 2020, Arlington installed rain gardens at the corner of Milton Street and Herbert Road in East Arlington. These little curbside oases act as a kind of green filter for storm water, catching pollutants (Fertilizer! Salt! Dog poop! Oil! Brake dust!) before they reach Alewife Brook and the Mystic River. Perhaps co-sited with new housing, wider buildout of rain gardens could keep nutrient pollution out of Spy Pond, preventing nasty algae growth which literally suffocates other aquatic life.
A caveat: We must take care not to load so many creative requirements onto new housing that it doesn’t get built at all. We need the housing. (See “The Problem with Everything-Bagel Liberalism” by Ezra Klein in the New York Times.) And under the new MBTA Zoning that we are required to implement, we must allow three-family housing in our new multi-family zones by right, i.e. without extra requirements or rigamarole.
But we could decide to add incentives to allow more housing above those requirements if such environmental improvements (rain gardens, green roofs, pollinator habitat, Passive House innovations, etc.) are included. Every new building is an opportunity for environmental adaptation. A vision for a greener, cooler, more inclusive Arlington takes shape. We can do this.
New housing development provides an opportunity to incorporate inclusive, environmentally friendly, win-win adaptations. Our environmental and housing goals must not be in tension with each other. With a coordinated approach, we can address the challenges of pollution, climate change, and our chronic and unjust housing shortage.
*As far as I can tell, only two other buildings in all of Greater Boston are Passive House certified: A new multi-family in Roxbury, and a single-family in Somerville.
Many issues are under discussion as a result of these proposed zoning Articles. Issues include: housing affordability, the diversity of housing and incomes in Arlington, environmental concerns and sustainability, tax burdens or tax savings potentially resulting from growth, the risk of postponing the decisions, and the image of Arlington as a community that values diversity and equitability. This one page “fact sheet” attempts to address many of these issues and concerns.
Equitable Arlington, along with City Life/Vida Urbana and the Harvard Legal Aid Bureau, supports the legacy tenants of 840/846 Massachusetts Avenue in their resistance to rent increases of up to 50%. We urge the buildings’ owner, Torrington Properties, to continue negotiating an agreement with the tenants rather than pursue legal action likely to end in housing court. If more gradual increases are incompatible with Torrington’s business plan, we hope to see the sale of the property to the Housing Corporation of Arlington or another buyer who is committed to keeping the existing tenants in their homes.

The property, whose two larger buildings date to 1940 and 1963, faces Arlington High School, within easy reach of shopping and transit. It occupies one of relatively few spots in Arlington where people can live without a car. (Equitable Arlington and the MBTA Communities plan seek to encourage exactly this kind of housing.) Many of the middle- and lower-income tenants have been there for decades, including teachers, musicians, and some Section 8 voucher recipients. Some are immigrants with limited English. Laura Frost, who has lived there for 20 years, describes the apartments as “unofficial,” and therefore legally unprotected, affordable housing. Erica Schwarz, executive director of the Housing Corporation of Arlington, concurs: “There are so few places where low-income tenants are in units that aren’t restricted.”

When Torrington Properties bought the buildings in 2019, it did not raise rents right away. Instead, the company pursued a familiar strategy of remodeling apartments when tenants moved out and then marketing them as “luxury” units. More recent arrivals are paying typical market rents. Of the longtime residents, several have left because they were worried about being pushed out to make way for more remodeling and steep rent increases, says Frost, who leads the tenants’ association. All have been tenants at will since Torrington bought the property, with their rents not rising but also not guaranteed by 12-month leases. In November 2022, she says, Torrington distributed a list of target rents for all of the units. A few months later, it informed legacy tenants, then about 20 in number, that they needed to either sign leases at the new rates or move out.
“Our position was never ‘You can’t raise rents ever,’” says Frost, who recognizes that Torrington can legally set rents at any level. Working with City Life/Vida Urbana, she hoped for an agreement for more gradual rent increases, like the one Torrington had just reached with tenants near Forest Hills in Boston. By last spring, however, negotiations had broken down. A rally she organized in September drew Reps. Garballey and Rogers. In February, Torrington sent the legacy tenants notices to quit. We are encouraged that negotiations have since resumed. At the same time, we support a more sustainable option for these tenants and anyone who lives there in the future, as well as Arlington as a whole: a commitment, perhaps by a new owner, to keeping some units affordable in the long term.
Schwarz, of the Housing Corporation of Arlington, has discussed purchasing the property from Torrington, which named a price she describes as “a few million dollars more” than HCA can offer. She has been exploring alternative ways to structure a purchase. This would include drawing on the Town of Arlington’s ARPA funds, as well as seeking mission-aligned equity partners for the project under a “mixed income” model. This would not displace any current tenants, but would, over time, provide a very high percentage of affordable units at a range of income levels, while also providing middle-income and market rate units.
Equitable Arlington supports common-sense reforms that allow for more housing options and tenant protections for current and future Arlington residents. We support increased funding for affordable housing, both through the Affordable Housing Trust Fund and state and federal subsidies, and a wider range of housing choice for every income level and every life stage. We also champion housing that is sustainable, equitable, and accessible, including locating additional housing near public transportation, all of which we believe will make Arlington an even more welcoming community.
For Arlington’s Nov 2020 Special Town Meeting, my colleague Ben Rudick filed the following warrant article:
ARTICLE 18: ZONING BYLAW AMENDMENT/IMPROVING RESIDENTIAL INCLUSIVENESS, SUSTAINABILITY, AND AFFORDABILITY BY ENDING SINGLE FAMILY ZONING
To see if the Town will vote to amend the Zoning Bylaw for the Town of Arlington by expanding the set of allowed residential uses in the R0 and R1 zoning districts with the goal of expanding and diversifying the housing stock by altering the district definitions for the R0 and R1 zoning districts; or take any action related thereto.
(Inserted at the request of Benjamin Rudick and ten registered voters)
The Inspiration
Our goal with Article 18 is to allow two-family homes, by right, in two districts that are exclusively zoned for single-family homes. This is similar to what city of Minneapolis and the state of Oregon did in 2019. The motivations fall into three broad categories: the history of single-family zoning as a mechanism for racial segregation, environmental concerns arising from car-oriented suburban sprawl, and the regional shortage of housing and its high cost. We’ll elaborate on these concerns in the following paragraphs, and end with a proposed main motion.
Single-family zoning as a mechanism for racial segregation. Single-family zoning began to take hold in the United States during the 1920’s, after the Supreme Court declared racially-based zoning unconstitutional in 1917. Secretary of Commerce Herbert Hoover encouraged cities and towns to adopt single-family zoning ordinances, effectively substituting segregation based on race with segregation based on economic status. The idea was furthered by the Home Owners Loan Corporation of America’s (HOLC’s) redlining maps (created between 1935 and 1940), and the Federal Housing Administration’s (FHA’s) mortgage insurance policies from 1934–1968. The HOLC designated areas with black populations as “hazardous” and actuarially risky, and the FHA used these maps when making underwriting decisions. In short, the FHA was in the business of underwriting loans to white home buyers in white neighborhoods.
Of Arlington’s 7,998 single-family homes, 4,080 (51%) were built during 1934–1968 (per Arlington Assessor’s data). The FHA was the primary mortgage underwriter during this time, and we believe it is reasonable to expect that a substantial number of these homes were originally purchased with FHA mortgages. Put another way, most of our single-family housing was likely built according to FHA guidelines of “avoiding inharmonious mixing or races”, aka segregation. Arlington’s population was 99% white in 1970 and even higher during previous decades. We certainly met the criteria of being a white community.
We believe it’s important to recognize this history, and to have a conversation about how we might restore a balance of fairness.
Environmental concerns. When compared with their multi-family counterparts, single-family homes are less energy efficient, more land intensive, and are associated with higher carbon emissions due to ransportation. Car transportation is a useful analogy; having everyone drive in their own car is more carbon-intensive than carpooling (two-family homes), which in turn is more carbon-intensive than taking the bus (3+ unit buildings). Maps created by Berkeley’s Cool Climate Project show this in a clear way: per household carbon emissions are lower in urban areas than they are in the surrounding suburbs. (Note that authors of the Berkeley report do not advocate getting rid of suburbs, but they do state that suburbs will require different carbon reduction strategies than urban areas).
We believe it is more environmentally responsible to build additional homes on sites that are already developed, rather than (say) going out to the suburban fringes along route 495 and clearing half-acre lots. If we do not provide ample housing within Arlington and other inner-ring suburbs, new workers will likely live further out and have longer, more carbon-intensive commutes. Climate change is a crisis, and our response must involve changing how we live, and that includes ending the twentieth-century pattern of suburban sprawl.
The shortage and high cost of housing. Since 2010, the fifteen cities and towns in the Metro Mayor’s coalition have added 148,000 jobs and 110,000 new residents, but have only permitted 32,500 new homes; this has added to a housing shortage that’s been growing for decades. The imbalance between supply and demand has contributed to rising prices and a very hot market. In 2019, the median sale price for homes in Arlington was $821k. We do not expect construction to be a complete solution to Arlington’s housing costs, but we do believe it is a necessary step in meeting rising demand and counteracting rising costs.
Article 18 is most likely to influence the cost of newly-constructed homes. Newly-constructed single-family homes typically sell in the $1.2M–1.5M range while condominiums in new duplexes typically fall into the $800k–1.1M range. These duplex units are not cheap, but they offer a price point roughly four hundred thousand dollars less than new single-family homes.
We also believe our proposal directly addresses three concerns raised by last year’s multi-family proposal (aka 2019 ATM Article 16):
- Concentration. Last year’s proposal would have concentrated new housing around the town’s business corridors, and Massachusetts Avenue in particular. Article 18 will spread new housing across the majority of the town, as 60% of Arlington’s land area (and 80% of its residentially-zoned land) is currently zoned exclusively for single-family homes (figures provided by Arlingtons Department of Planning and Community Development).
- Height and Shadows. Last year’s proposal would have allowed taller buildings along the commercial corridors; there were concerns about increased height, and the shadows new buildings might cast. Article 18 makes no changes to our zoning bylaw’s dimensional regulation; homes built under this bylaw could be no larger than homes we already allow, by right.
- Displacement. Last year’s proposal drew concerns that businesses and apartment renters would be displaced by new construction. Article 18 applies to districts that are exclusively zoned for single-family homes. 95% of our single-family homes are owner-occupied, and can only be rebuilt or renovated with the owner’s consent. We believe this minimizes any risk of displacement.
Finally, we expect the board will be interested in the number of homes that might be added under this proposal, and the potential impact on the school system. We’ll attempt to address those questions here.
Arlington’s report on Demolitions and Replacement Homes states an average of 27 rebuilds or substantial renovations per year, averaged over a ten year period. For the purpose of discussion, we expect the number of new homes added under this proposed bylaw change to be somewhere between half and double that amount, or 14–54 homes/year. Arlington has 7,998 single-family homes so this is a replacement rate well under 1%/year. It will be nothing like the 500 new homes/year that Arlington was building during the 1920s.
Assessing the impact on the school system amounts (in part) to estimating the number of new school students created by the addition of 14–54 homes/year. One can conceivably see this playing out according to three scenarios. Scenario 1 is simply “by the numbers”. The Housing section of Cambridge’s Alewife District Plan estimates one new student for every 17 new homes (see pg. 145), and the economic analysis of Arlington’s industrial districts gives a net increase of one new student for every 20 new condominiums (see slide 49). Both work out to an increase of 1–3 students per year for the addition of 14–54 homes. This is substantially smaller than past enrollment growth, and something the schools should easily be able to handle.
Second, one could imagine a scenario where elementary school enrollment is in modest decline, as students who entered Arlington public schools in the middle of the last decade move on to middle and high school. Here, new elementary students would utilize existing classroom space, which was created to accommodate students that came before them. It’s a scenario where enrollment stabilizes and doesn’t increase much.
Third, one could picture a scenario where any new home is immediately filled with children. Under this assumption it’s likely that any turnover of single-family homes or suitably-sized condominiums would attract families with children. With 7,998 single-family homes, there is little to prevent another demographic turnover from causing another increase in school enrollment, even if Arlington never adds a single additional home.
In summary, the effects on school enrollment are not easy to predict and several outcomes are possible. Ultimately, this will depend on Arlington’s attractiveness to young families, and our ability to retain these families once their students graduate from school.
Our Proposal to the Arlington Redevelopment Board
We propose that the Zoning Bylaw of the Town of Arlington be amended as
follows:
- By adding the letter “Y” to the “Use Regulations for Residential Districts” table in Section 5.4.3, in the row labeled “Two family dwelling, duplex”, and under the columns labeled “R0” and “R1”;
- By adding the letters “SP” to the “Use Regulations for Residential Districts” table in Section 5.4.3, in the row labeled “Six or more units in two-family dwellings or duplex dwelling on one or more contiguous lots”, and under the columns labeled “R0” and “R1”,
| Class of Use | R0 | R1 | R2 |
| Two-family dwelling | Y | Y | Y |
| Six or more units in two-family dwellings or duplex dwelling on one or more contiguous lots | SP | SP | SP |
and, by making the following changes to the definitions of the R0 and R1 districts in Section 5.4.1(A):
R0: Large Lot Single-FamilyResidential District. The Large Lot Single-FamilyResidential District has the lowest residential density of all districts and is generally served by local streets only. The Town discourages intensive land uses, uses that would detract from the single-family residential character of these neighborhoods, and uses that would otherwise interfere with the intent of this Bylaw.
R1: Single-FamilyR1 Residential District. The predominant uses in R1 are single- and two-family dwellings and public land and buildings. The Town discourages intensive land uses, uses that would detract from the single-family residential character of these neighborhoods, and uses that would otherwise interfere with the intent of this Bylaw.
Related Materials
Our Redevelopment Board Hearing
We presented Article 18 to the redevelopment board on Oct 26th. You can watch the presentation below.
The Redevelopment Board did their deliberations and voting two days later, on October 28th. Their report is available from the Town website.
At least three members of the board were supportive of the effort, but they ultimately voted to recommend this action. I attribute the no action vote to two factors. First, in January 2020 the Redevelopment board agreed to perform a public engagement campaign, to educate residents on housing issues facing the town, and to gather input on how those issues could be addressed. The public engagement effort hasn’t started yet (mainly due to the pandemic), and the board was hesitant to recommend favorable action without doing an outreach campaign first.
Second, the board was interested in attaching standards to single- to two-family conversions, and didn’t feel there was enough time in this town meeting cycle to devise an appropriate set of standards. They were interested in design requirements and collecting payments to an affordable housing trust fund. Standards are interesting idea, and worthy of further consideration. For my own taste, I’d be more inclined to ask for performance standards that tied in to Arlington’s Net Zero Action plan.
So, we are going to take the ARB’s feedback, work on the idea some more, and resubmit during a future town meeting.

