

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.
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:
(Contributed by Ben Rudick and Steve Revilak)
We should end exclusionary Single Family Zoning in Arlington. This is inspired by Minneapolis which ended Single Family Zoning city-wide last year, as Oregon did. To be clear, we’re not suggesting an end to single family homes, only to exclusionary Single Family Zoning; you can still have a single-family house, but now you’d have the option to build a two-family or duplex instead.
79% of all residential land in Arlington is zoned exclusively for single family homes (in the R0 and R1 districts), meaning the only legal use of that land is for a single home built upon a large lot (source: Arlington GIS via the Department of Planning and Community Development). This is a problem for three key reasons:
If you’d like to support us, please share this post and join our Facebook group, Arlington Neighbors for More Neighbors, where we’ll post updates and hearing times for the warrant article we’ve submitted to effect this change.
Arlington is in the process of update the town’s 2016 Housing Production Plan, and the Housing Plan Implementation Committee and Planning Department have put together a “meeting in a box” as part of their outreach efforts. The idea is to package a set of discussion questions and supplementary materials, so that groups can talk through the questions on their own and provide written feedback. Meeting in a box materials are available from the town website.
I tried this with a group of friends. Here are the questions, and points that came up during the group discussion. Notes that these are discussion notes (transcribed from large sheets of easel paper), and don’t represent agreement or concensus.
Question 1: Housing Needs. Arlington residents have expressed concerns about the housing needs of older adults. Other needs identified so far are the cost and condition of rental housing, the impact of Arlington’s housing sale prices on the ability of young families to find a home in Arlington they can afford, and the impact of limited housing choices on racial and ethnic diversity in Arlington. What housing needs are you most concerned about?
Question 2: Challenges to Meeting Affordable Housing Needs. Participants in interviews conducted for the Housing Plan and at the June 9 Housing Plan Meeting were asked about challenges or obstacles to providing affordable housing in Arlington. Several challenges were identified, such as difficulty finding locations that for new housing development or redevelopment, how the Town’s Housing Trust Fund and CPA funds should be used to meet housing needs, and general tensions and disagreement about growth in Arlington that make it hard for people to agree. What challenges do you think are the biggest impediments to meeting housing needs in Arlington?
Question 3: Opportunities for Reaching Agreement. What steps would help to bring Arlington residents together about providing affordable housing? How can the Town balance concerns about housing needs and natural resources protection? Or concerns about housing need and preserving Arlington’s built environment? What do you think most could people agree on?
As you can see, our group had a range of opinions and even a few points of disagreement – for example, “there’s an unwillingness to accept incremental progress” vs “many incremental changes feel too big”. I feel like that pair is a good illustration of how different people have different comfort zones; a situation that can be challenging to navigate. Metro Boston is growing, as are metropolitan areas all across the country. Our new arrivals will need places to live, and I’d hope to see Arlington be proactive in addressing that need.
State Representatives Dave Rogers (Arlington, Belmont and Cambridge) and Sean Garballey (Arlington, Medford) have sent a letter to Town Meeting Members backing the MBTA Communities Plan. They write:
We believe the plan in front of Town Meeting provides a meaningful framework to address the housing shortage in Arlington.
To read the full letter, click here for PDF.
by Steve Revilak
The term “AMI” or “Area Median Income” comes up in almost any discussion about affordable housing, because it’s used to set rents and the household incomes for people who are eligible to live in affordable dwellings. AMI is a fairly technocratic concept and my goal is to make the concept (and the numbers) easier to understand.
AMIs are set each year by the U.S. Department of Housing and Urban Development; broadly speaking, an AMI is the median income of a region. Arlington is part of the “Boston-Cambridge-Quincy, MA-NH HUD Metro FMR Area” which consists of more than 100 cities and towns in Massachusetts and New Hampshire. Median incomes represent the “middle” family income of an area—half of households make more, and half make less.
In the process of turning median incomes into income limits, HUD also considers household size: larger households are assigned larger AMI limits than smaller ones, in order to reflect the higher cost of living for more family members.
How do these limits translate into affordable housing regulations? Arlington’s affordable housing requirements (aka “inclusionary zoning”) require that rents for affordable units be priced for the 60% area median income, but the dwellings are available to households making up to 70%. Let’s show an example with some numbers.
Household size | 60% Income Limit | 70% Income Limit | 60% Rent |
---|---|---|---|
1 | $68,520 | $79,940 | $1,717/month |
2 | $78,360 | $91,420 | $1,959/month |
3 | $88,140 | $102,830 | $2,203/month |
HUD considers an apartment suitable for a household if it has one bedroom less than the number of household members, so a two-bedroom apartment would be suitable for a household of three, a one-bedroom would be suitable for a household of two, and a studio would be suitable for a household of one. The monthly rent for a two-bedroom apartment would be calculated as follows: $88,140 ÷ 12 × 30% = $2,203. The 30% comes from HUD’s rule that affordable housing tenants should not be cost-burdened, meaning that they pay no more than 30% of their income in rent.$88k or $102k/year can seem like a lot of money (and once upon a time it was). To get a better sense of what these income levels mean, I looked into what kinds of jobs pay these wages. To that end, I found wage information from the Arlington Public Schools report to Town Meeting, the Arlington town budget, and wage data from the Bureau of Labor Statistics. Here are a few scenarios:
Scenario 1: single adult
Scenario 1 represents a single adult living alone, and earning between $68,520 and $79,940. Jobs in this pay range include:
Scenario 2: single parent with household of two
Scenario 2 represents a single parent earning between $78,360 and $91,420/year. Jobs in this pay range include:
Scenario 3: household of two, both adults
Scenario 3 has two adults, each earning $39,180 – $45,710 per year. Jobs in this salary range include several that we’ve come to know as “essential workers” during the pandemic.
You may have noticed gaps in these lists — for example, there are no jobs listed in the $50,000 – $60,000 range because it’s in between the income limits for one- and two-income households. It’s also worth noting that a fair number of town employees’ salaries would qualify them for affordable housing (the town is Arlington’s largest employer).
So who qualifies to live in affordable housing? People with a lot of ordinary, working-class jobs, including many town employees.
from Karen Kelleher, Reporter
Interested in new policy developments on housing production in the Greater Boston area? The latest research from Mass Housing Partnership (MHP) is of interest. They just released (Dec. 18, 2019) in interactive map showing relative housing density around every mass transit and commuter rail station in the system, concluding that the region could add 235,000 units if every community allowed density as of right in the area around transit.
CHAPA has legislation pending that would require municipalities served by transit to allow higher density as of right within a certain distance from transit stations. You’ll see that the density around Alewife is not too bad in the context of the entire system.
This is mostly because of very high density in Cambridge near Alewife, but the density of two and three families in East Arlington shows better housing density than the sea of single family zoning around many commuter rail stops.
You can check it out here:https://www.mhp.net/news/2019/todex-research-brief
Massachusetts’ 2020 Economic Development Bill included a set of housing choice provisions: these require communities served by the MBTA to provide a district of reasonable size where multi-family housing is allowed by right. The law gives us significant flexibility to design a district that best suits our needs, but the district must allow housing suitable for families with children, without age restrictions, and at a rate of at least 15 dwelling units per acre. Arlington is one of 175 MBTA communities in Massachusetts that share in the responsibility for meeting these requirements.
The law requires a “district of reasonable size”, but what does that mean? Throughout much of 2021 the Massachusetts Department of Housing and Community Development (DHCD) worked on a set of supporting regulations that set the district requirements according to the type of transit service a community has, the number of existing homes in the community (as of the 2020 Census), and the amount of developable land near transit stations. The specifics vary by community, but here is what the requirements mean for Arlington:
The new law’s requirements provide Arlington with a great deal of flexibility. We’re free to place our district (or districts) anywhere in town, and we’ll be able to choose from a variety of options as long as they meet the requirements set forth above. For example, providing the capacity of 2,046 homes in the minimum district size of 32 acres would give us a density of 64 dwellings/acre; roughly the scale of mid-rise apartment buildings. On the other hand, if we went with the minimum density of 15 dwellings/acre, we’d have a 135 acre district that allowed smaller multi-family homes. Our district can be anywhere within this range; we also have the option of having multiple districts, with smaller multi-family buildings in some areas of town and larger multi-family buildings in others.
Arlington has a track record of producing thorough and comprehensive planning documents, such as our Master Plan, Net Zero Action Plan, Sustainable Transportation Plan, and Housing Production Plan. These plans contain plenty of building blocks that could be used to formulate a compliant multi-family district. Viewed in that light, the MBTA community requirements are an opportunity to meet some of the goals we’ve already set for ourselves; we just have to go about it in a way that satisfies the law’s new requirements.
Arlington has one unique consideration, which doesn’t apply to most MBTA communities. In 2020, Arlington’s Town Meeting sent a home rule petition to the state legislature, asking for permission to regulate the use of fossil fuels in new building construction; it’s an important component of our plan to become carbon-neutral by 2050. A number of other communities in the Commonwealth filed similar petitions, and the legislature responded by establishing a pilot program: ten cities and towns will be allowed to enact “fossil fuel bans”, but only if they (a) have 10% subsidized housing, (b) achieve safe harbor via compliances with an approved housing production plan, or (c) establish a multi-family district of reasonable size by February 2024. Arlington doesn’t meet the subsidized housing requirement (only 6.54% of our homes are on the subsidized housing inventory), and we’re unlikely to gain safe harbor status during the next year; our most viable path to participation hinges on meeting the multi-family requirements.
In summary, the multi-family requirement for MBTA communities creates new requirements for Arlington, while also presenting us with new opportunities: the opportunity to meet planning goals, the opportunity to meet sustainability goals (e.g., by regulating fossil fuel use in new construction), and the opportunity to reimagine how we do multi-family housing in Arlington as our town moves forward into the twenty-first century.
State Senator Cindy F. Friedman has written a letter to Town Meeting Members supporting Warrant Article 12 and a meaningful MBTA Communities Plan. She writes:
We all want Arlington and Massachusetts to remain welcoming, accessible places to live. In addition to our deficit of housing, I recognize the importance of encouraging smaller, more sustainable housing in walkable areas. Arlington’s Warrant Article 12 will provide a meaningful framework for making progress in these areas. The problems we are experiencing now —out of reach housing prices for new construction and existing homes — exacerbate the crisis and are seriously threatening the economic vibrancy of our communities.
To read Friedman’s full letter, click here for the PDF.