Ease Regional Housing Crisis: Four Tasks

According to a Nov. 26, 2019 Boston GLOBE editorial, there are four tasks necessary to ease the housing crisis in the Greater Boston Region:

Champion housing production and affordability at the state level.
Urge private-sector investment in housing solutions.
Drive inclusive growth.
Get more involved locally.

This editorial by Paul S. Grogan, president and CEO of the Boston Foundation and Arlington resident, Karen E. Kelleher, executive director of LISC Boston, explain these four tasks. They also describe how much other, comparable urban areas around the US are doing to solve similar housing problems. We are not keeping up with solutions. It will take a collective effort. “Next Level Housing Solutions” is a collaboration of concerned organizations and community leaders intended to move the region toward housing solutions.

Join the Conversation. Click here to join the Next Level Housing Solutions conversation. This just means you will receive information and event updates.

Book Shows Municipal Contribution to Segregation

According to Richard Rothstein in his 2017 book, Color of Law: A Forgotten History of How Our Government Segregated America, “we have created a caste system in this country, with African-Americans kept exploited and geographically separate by racially explicit government policies,” he writes. “Although most of these policies are now off the books, they have never been remedied and their effects endure.” Zoning was one of the policies that contributed significantly to this outcome.

Here are some highlights, selected for Arlington readers, from this book:

P. VII
“… until the last quarter of the twentieth century, racially explicit policies of federal, state and local governments defined where white and African Americans should live. Today’s racial segregation in the North, South, Midwest, and West is not the the unintended consequence of individual choices and of otherwise well-meaning law and regulation but of unhidden public policy that explicitly segregated every metropolitan area in the United States. The policy was so systematic and forceful that is effects endure to the present time. Without our government’s purposeful imposition of racial segregation, the other causes – private prejudice, white flight, real estate starring, bank redlining, income differences, and self-segregation – still would have existed but with far less opportunity for expression. Segregation by intentional government action is not de facto. Rather, it is what courts call de jure: segregation by law and public policy. “

1917 – Buchanan v. Warley – Supreme Court case that overturned racial zoning ordinance in Louisville, Kentucky. Municipalities ignore and fought against this. Kansas City and Norfolk through 1987.

Post WWII GI Bill – African Americans largely excluded from education and mortgage benefits
Federal Housing Administration won’t insure mortgages to African Americans or mortgages in integrated neighborhoods. African Americans limited to non-amortizing loans, which means they build no equity in their homes while making payments
Federal, stage and local governments are used to enforce race-restrictive covenants in deeds.

1948 – Shelley v. Kraemer – Although racially restrictive real estate covenants are not per se illegal, since they do not involve state action, a court cannot enforce them under the Fourteenth Amendment. FHA continues to not insure mortgages for African Americans.

1968 – Fair Housing Act endorsed the rights of African Americans to to reside wherever they chose and could afford. Finally ending the Federal Housing Administration’s’ role in mortgage insurance discrimination.
1969 – Mass 40B law passed
1972 – Head of Arlington ARB editorial talking about preserving the suburban way of life
1973 – Town Meeting passes moratorium on apartment construction
1975 – Arlington zoning re-do that all but stops development
1977 – Supreme Court upholds Arlington Heights, IL zoning that prohibited multi-unit development anywhere by adjacent to an outlying commercial area. In meetings leading to the adoption of these rules, the public urged support for racially discriminatory reasons.

p. 179″Residential segregation is hard to undo for several reasons:

Parents’ economic status is commonly replicated in the net generation, so once government prevented African Americans from fully participating in the mid-twentieth-century free labor market, depressed incomes became, for many, a multi-generational trait
The value of white working and middle-class families’ suburban housing appreciated substantially over the years, resulting in a vast wealth difference between whites and blacks that helped to define permanently our racial living arrangements. Because parents can bequeath assets to their children, the racial wealth gap is even more persistent down through the generations than income differences.
Once segregation was established, seemingly race-neutral policies reinforced it to make remedies even more difficult. Perhaps most pernicious has been the federal tax code’s mortgage interest rate deduction, which increased the subsidies to higher-income suburban homeowners while providing no corresponding tax benefit for renters. Because de jure policies of segregation ensured that whites would be more likely to be owners and African Americans would more likely be renters, the tax code contributes to making African Americans and whites less equal, despite the code’s purportedly nonracial provisions.

Color of Law Richard Rothstein Segregation and Zoning

Written by Guest Writer September 8, 2019

Why Should Arlington Have an Affordable Housing Trust Fund?

Text of Warrant Article 8: (To be considered at Special Town Meeting (Virtual), Mon. 11/16/20 at 8:00 p.m.)

“ARTICLE 8 ACCEPTANCE OF LEGISLATION/BYLAW AMENDMENT/ MUNICIPAL AFFORDABLE HOUSING TRUST FUND

To see if the Town will vote to accept Massachusetts General Laws c. 44 § 55C, to authorize the creation of a Municipal Affordable Housing Trust Fund to support the development of affordable housing in Arlington, establish a new bylaw for the administration of same; or take any action related thereto. (Inserted by the Select Board)”

What will it do? How will it work?

A Proactive Step to Address Housing Affordability. With a municipal affordable housing trust, Arlington will join more than 113 Massachusetts municipalities that have formed a housing trust fund to support a proactive strategy for building housing affordability. The Trust is a small step the Town can take to more proactively address the housing affordability crisis that challenges many of our current residents and makes Arlington increasingly inaccessible to new residents. Creating affordable housing can also be a strategy for maintaining or increasing diversity.

Ability to Act Quickly.
A primary benefit of a housing trust is to enable the Town to act quickly to support or participate in transactions that increase or preserve affordable housing in Arlington. Without a Trust, the Town does not have the flexibility or agility to act quickly. Following are some examples, though there are many other ways that trusts can and do advance housing affordability:
• Financing the acquisition and/or development of market properties for conversion to affordable housing by a nonprofit developer;
• Purchasing an existing affordable home to ensure resale to another low income buyer, or purchasing a market rate home to create an affordable homeownership opportunity;
• Providing flexible financing to increase the number of affordable units or reduce income levels in existing or new projects that include affordable housing.

Developing a Housing Trust Strategy Over Time.

The strategies to be pursued by the Trust would be set forth by the Trustees in a plan or proposal(s) they would lay out after they are appointed, most likely after/through a process of public engagement. The specific strategies are, deliberately, not part of the warrant article or the Bylaw proposed for adoption. This allows the Town the flexibility to set and modify the Town’s housing strategies over time, in a manner that is responsive to the public and its elected representatives. The Bylaw requires the strategy or plan, and most major Trust decisions, to be approved by the Select Board, and Town investments in the Trust would still require Town Meeting approval.

Funding the Affordable Housing Trust Fund.

Creating affordable housing requires substantial subsidy. The Trust’s ability to cause more affordable housing to be created or preserved in Arlington will be directly related to the availability of resources to fund it and leverage additional state and federal resources. The vote before the Special Town Meeting this fall will not provide any funding for the Trust.

While it is anticipated that the Trust might receive initial funding via a grant of Community Preservation Act funds from the CPA Committee, to increase our impact, more resources will be needed.

How Other Communities Fund Their Housing Trust Funds.

The Community Preservation Act is the most common source of funding, but the most impactful trusts tend to have a variety of funding sources that result in a steady flow of financial resources into the Trust. Other municipalities have tapped into a variety of additional sources, including inclusionary zoning payments, federal HOME funds, voluntary/negotiated developer payments, proceeds from sale of tax foreclosed or other Town-owned properties, cell tower payments, cannabis-related revenue, short-term rental fees, fees for managing housing lotteries, sale of bonds, general municipal funding, and private donations. Many also donate excess town property to their housing trust for sale and redevelopment as affordable or mixed income housing. More recently, a number of cities and towns have proposed home rule petitions that would allow them to impose a small fee on the transfer of real property to fund their housing trusts, and there is state legislation proposed to authorize cities and towns to impose such transfer fees without sending a Home Rule Petition to the state legislature.

Building Trust Resources Through a Transfer Fee.

The Housing Plan Implementation Committee originally recommended that Town Meeting adopt a bylaw creating a housing trust and create a funding source for it by voting to authorize the filing of a home rule petition to impose a modest real estate transfer fee. Although the Select Board elected to defer consideration of the transfer fee until 2021, such a fee is attractive to many, because it would be borne only by those selling their Arlington homes or properties, and because it provides a mechanism to capture a very small portion of the extraordinary equity increase that Arlington property owners have realized over many years due to regional market forces. The details of such a fee are important and merit further discussion, but it presents a promising potential revenue source to empower the Trust to be proactive.

The Process.

The article in front of the Special Town Meeting would start the process of creating a municipal affordable housing trust. Once approved by Town Meeting the Affordable Housing Trust Bylaw would be submitted to the Attorney General to certify its consistency with the state law governing housing trusts within 90 days. Once so certified, the Town Manager will appoint trustees, including at least one member of the Select Board. Once these appointments are confirmed by the Select Board, the Trustees themselves would lead the process of proposing an initial set of goals and strategies for the Trust to implement, after approval by the Select Board.

Financial Stability & Accountability.

The Trust will be governed by the MAHT law passed in 2005 that specifies powers and limitations for trusts of this type. The proposed Bylaw has been reviewed and modified pursuant to suggestions of the Finance Committee to ensure accountability and financial stability. The Trust will be managed by the Treasurer, will be audited annually, will have legal and practical limitations on its borrowing capacity, and will not have the power to pledge the full faith and credit of the Town.

To learn more about municipal affordable housing trusts, refer to the MHP Municipal Affordable Housing Trust Fund Guide, v.3

******

This information was prepared by Karen Kelleher, Arlington Town Meeting Member, Precinct 5, Member, Arlington Housing Planning Implementation Committee and Executive Director, LISC Boston ( Local Initiative Support Corporation)

2020 TM Affordable housing Arlington Affordable Housing Article 8 Karen Kelleher MAHT town meeting Trust Fund Warrant article

Written by Barbara Thornton November 9, 2020

Housing & Arlington: Community Discussions

Written by Guest Writer December 21, 2020

Accessory Dwelling Units

Accessory Dwelling Units (aka “granny flats”)

The following information was presented to the Arlington Redevelopment Board in October, 2020 by Barbara Thornton, TMM, Precinct 16

This Article proposes to allow Accessory Dwelling Units, “as of right”, in each of the 8 residential zoning districts in Arlington.

Why is this zoning legislation important?

Arlington is increasingly losing the diversity it once had. It has become increasingly difficult for residents who have grown up and grown old in the town to remain here. This will only become more difficult as the effects of tax increases to support the new schools, including the high school, roll into the tax bills for lower income residents and senior citizens on a fixed income. For young adults raised in Arlington, the price of a home to buy or to rent is increasingly out of reach.

Who benefits from ADUs?

Families benefit from greater flexibility as their needs change over time and, in particular providing options for older adults to be able to stay in their homes and for households with disabled persons or young adults who want additional privacy but still be within a family setting.
Residents seeking an increase in the diversity of housing choices in the Town while respecting the residential character and scale of existing neighborhoods; ADUs provide a non-subsidized form of housing that is generally less costly and more affordable than similar units in multifamily buildings;
Residents wanting more housing units in Arlington’s total housing stock with minimal adverse effects on Arlington’s neighborhoods.

What authority and established policy is this built on?

Arlington’s Master Plan is the foundational document establishing the validity and mission for pursuing the zoning change that will allow Accessory Dwelling Units.

Under Introduction in Part 5, Housing and Residential Development, the Master Plan states: Arlington’s Master Plan provides a framework for addressing key issues such as affordability, transit-oriented residential development, and aging in place.

The Master Plan states that the American Community Survey (ACS) reports that Arlington’s housing units are slightly larger than those in other inner-suburbs and small cities. In Arlington, the median number of rooms per unit is 5.7. There is a great deal of difference in density and housing size among the different Arlington neighborhoods. The generally larger size of homes makes it easier to contemplate a successful move to encourage ADUs.

What do other municipalities do?

According to a study (https://equitable-arlington.org/2020/02/16/accessory-dwelling-units-policies/), by 2017 65 out of 101 municipalities in the greater Boston (MAPC) region allowed Accessory Dwelling Units by right or by special permit. The average number of ADU’s added per year was only about 3. But by 2017, Lexington had 75 ADUs and Newton had 73. Both of these communities were among about 10 “as of right” municipalities in the MAPC region. This finding suggests that communities with more restrictions are less likely to see any significant affordable housing benefits.

Even in the midst of a housing crisis in this region, according to Amy Dain, housing expert, (https://equitable-arlington.org/2020/02/18/zoning-for-accessory-dwelling-units/) most municipalities still have zoning laws that restrict single family home owners from creating more affordable housing.

And this is despite the fact that, as according to Banker & Tradesman, March 10, 2020: https://www.bankerandtradesman.com/63-percent-in-greater-boston-back-adus/, 63% of people in the region approve of ADUs. California has recently passed strong pro-ADU legislation. A study by Zillow further corroborated this strong interest in communities across the US, including our region. https://equitable-arlington.org/2020/03/10/adu-popularity/.

Learn more about Accessory Dwelling Units/ “Granny Flats” here: https://planning.org/knowledgebase/accessorydwellings/

"granny flats" Accessory Dwelling Units ADU ADU's ARB Arlington MA family friendly housing Master Plan more affordable housing smaller housing units

Written by Barbara Thornton November 9, 2020

Show Your Support With a Free Yard Sign!

Written by Equitable Arlington September 7, 2023

Housing

Will Arlington Set A Housing Goal?

After a week of good coverage on the need for more housing units in the greater Boston region, on August 2, 2019 the GLOBE carried the following editorial, mentioning the situation in Arlington.

Good news? On housing? In Massachusetts?

Yes, that’s right. Even here in the land of the $600,000 starter home, a few forward-thinking cities and towns are starting to make progress on what sometimes seems like an intractable problem: the inadequate production of new housing that has sent the cost of renting or buying in Greater Boston into the stratosphere.

It’s way too soon to declare victory — not when the median sale price for a house in Massachusetts is $429,000 and $420,000 for a condo, according to the Warren Group. High prices happen when demand gallops past supply, causing buyers to bid up prices of existing homes to insane levels. In addition to squeezing renters and contributing to gentrification, the skyrocketing price of housing has evolved into a real threat to the region’s economic competitiveness.

“Greater Boston is losing current and potential domestic residents,” warned the Boston Foundation in its annual housing scorecard, “who are voting with their feet to live elsewhere for a variety of reasons.” Just on Tuesday, another report — this one from the real estate website Apartment List — found that only San Francisco has done a worse job than Greater Boston building new housing to respond to demand.

Thankfully, last year 15 cities and towns in Greater Boston made a joint pledge to pick up the pace of new housing construction by permitting 185,000 new housing units by 2030. Collectively, meeting that goal would mean tripling the pace of housing production. Some of the members of the group, called the Metropolitan Mayors Coalition, are doing their part to reach that goal faster than others — but almost all 15 report progress.

Even outside those three, there’s some impressive municipal-level progress. The Revere City Council approved development on the portion of the former Suffolk Downs racetrack that sits in that city, which will eventually bring in a whopping 2,700 housing units

Leading the way have been Boston, Cambridge, and Somerville, each of which has set numerical goals for housing production. Boston has been on a building spree and is on track to meet its goal of 69,000 new units by 2030. Cambridge volunteered 12,500 new housing units; and Somerville has said it will build 6,000. Committing to a specific goal is crucial: A hard number creates accountability for officials.

In Quincy, 1,500 housing units are under construction, and another 1,030 are either permitted or in the process of receiving permits. Medford has 497 housing units in construction. More than a thousand units are expected in Brookline over the next few years, in part thanks to the state’s 40B housing statute that lets developers bypass local zoning when towns have insufficient levels of affordable housing. Newton has 471 units under construction and another 273 permitted.

Other municipalities are working on plans or reforming zoning bylaws to set the stage for future growth. Austin Faison, Winthrop’s town manager, says that will involve setting a housing production goal. Everett rezoned land near the newly extended Silver Line, setting the stage for development. Braintree is in the process of updating its zoning bylaws that would include provisions for denser multi-family housing.

Arlington experienced a setback when its town meeting rejected an innovative plan to spur denser housing and allow so-called accessory dwelling units. Town manager Adam Chapdelaine said the town was now launching a “more cooperative effort” and would try again, and that the discussion would include coming up with a numerical goal.

The experience in Arlington points to one way the state can help municipalities. Town meetings and city councils require a two-thirds vote to change zoning, which can empower a small minority to thwart reforms needed to encourage housing. Governor Charlie Baker’s housing bill would change that by reducing to one-half the vote needed to change zoning — and deserves legislative approval pronto.

There’s one other way that the state can help, and this one won’t come as a surprise: better transportation. Access to transit can be a key to successful development. For instance, Revere wants a commuter rail stop at Wonderland. Without direct access to any rail service, Everett is banking on buses as part of its development plans.

Cities and towns that are moving forward on housing production inevitably encounter resistance, and they deserve great credit — not just for taking badly needed steps to build housing, but for doing so in a coordinated way. Keeping municipalities on the same page is part of what’s necessary to break down the longstanding barriers to housing in Massachusetts. As Chelsea city manager Thomas G. Ambrosino put it: “Having it be a region-wide effort and everyone rowing toward the same goal makes it easier for us to defend our efforts, because we can tell those who are critical about building that this is a regional need and everyone is in it together.”

Arlington Housing Boston Globe Editorial Housing production goal for new housing

Written by Guest Writer August 2, 2019

Affordable housing in Fullerton, CA. 83 units per acre.

Myths & Facts About Affordable Housing & Density

Written by Barbara Thornton February 10, 2020

Ease Regional Housing Crisis: Four Tasks

Show Your Support With a Free Yard Sign!

Will Arlington Set A Housing Goal?

Myths & Facts About Affordable Housing & Density

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