



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:
by Rebecca Gruber
On the evening of Wednesday, June 12th, Equitable Arlington co-hosted with the Town’s Department of Planning and Community Development and Envision Arlington, a ninety-minute webinar entitled “What’s an ADU and How Do I Build One?”
The webinar was designed for anyone interested in learning more about what defines an accessory dwelling unit (ADU) and the ins and outs of constructing one in Arlington on their property. Topics included: the history and rationale behind Arlington’s ADU zoning article; the applicable zoning regulations to understand when building an ADU; considerations and cost estimates for three different types of ADUs; guidance on the permitting process with the Town’s Inspectional Services Department; and two case studies–one by a local homeowner, and a second, by the Housing Corporation of Arlington detailing their experience constructing a 100% electric, 2-bedroom Affordable Housing ADU at 40-42 Dorothy Road.
The webinar was recorded and is available on demand (registration required).
The Town website also has answers to some FAQs: https://www.arlingtonma.gov/departments/inspectional-services/accessory-dwelling-units-adus
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
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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)
A report by Mass Housing Partnership’s Shelly Goehring looks at Arlington’s housing development history and policies to understand how municipal action and inaction can contribute to housing inaffordability and can limit the population diversity within a community. The report implies that it has been difficult historically for reputable housing developers to work with the regulatory structure within Arlington to get housing built.
Massachusetts has the nation’s 2nd largest gap in homeownership between households of color (31% own homes) and white households (69% own homes).
See the complete report for more information.



by JP Lewicke
When you love the place you live and you want to help it become even better, how can you make a difference? Arlington is an extremely civically active community, with hundreds of residents involved in Town Meeting, several dozen boards and committees, and numerous other groups that play an important role in improving our town. The vast array of options can be a bit dizzying for a newcomer to sort through.
Fortunately, Arlington has recently launched Arlington Civic Academy to provide interested residents with a pathway to becoming more civically literate and involved. Ably organized by Joan Roman, Arlington’s Public Information Officer, Civic Academy takes place over the course of six weeks and aims to provide participants with the information they need for constructive civic engagement. Applications are open from now until August 4th for the fall session, which will take place between September 12th and October 17th.
It’s clear that town government takes the Academy seriously. The Town Manager, Select Board Chair, Town Moderator, and the heads of several town departments have stayed late into the evening to attend Civic Academy sessions. Their formal presentations do a great job of explaining how different areas of town government work and how best to get involved, but the chance to meet them and ask them questions is equally valuable. The participants usually have a lot of very insightful questions, and it’s a great opportunity to learn more and become a more effective advocate in the future.
The other participants are another great part of the program. It’s also a great chance to make connections with other people who are equally enthusiastic about learning and getting involved in making their town a better place. There have been two sessions of the program so far, and several participants have gone on to run for Town Meeting, join the Master Plan Update Advisory Committee, volunteer for last fall’s tax override campaign, and propose warrant articles. We just had a get-together for members of both Civic Academy sessions to meet each other and network, and are hopeful that Civic Academy alumni can help connect future participants in the program to opportunities to get involved in helping Arlington become even better.
I ran for Town Meeting this spring after attending Civic Academy last fall, and I found that it served me well after I was elected. It taught me how the budgeting process worked, including all the steps from the Town Manager’s office working with individual departments, the Finance Committee compiling a cohesive budget, and Town Meeting approving that budget. When constituents from my precinct have questions about how to get help with something from the town, I know which boards or committees or town departments they should reach out to. I also have a better understanding of the current constraints and opportunities faced by our town across multiple areas.
When I started working with Paul Schlictman on advocating for extending the Red Line further into Arlington, I reached out to the members of my Civic Academy class to see if they were also interested, and several of them were incredibly generous with their time and helped us set up our website and mailing list. I would highly recommend applying to Civic Academy, and I’m very thankful that the town puts so much effort into making it a great experience.
(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.
(DRAFT – 7/11/2019)

Arlington Planning Department officials report on options for the Town to mitigate the effects of housing demolitions and housing replacements in neighborhoods.
Evidence suggests that lack of appropriate regulatory policies have led to incidences of “mcmansions” and other issues that concern neighborhood residents. This study looks at the data, the policy and regulatory options for Arlington. It also looks at how comparable nearby communities have managed similar circumstances.
This 42 page report covers a great deal of data and analysis of homes by zoning district, gaps in the effectiveness of the current regulatory structure, affects on affordability in Arlington by zoning district, information on housing prices and sales, etc.
“Best practices” include descriptions of demolition delay, expansion of local historic districts, neighborhood conservation districts, design review standards and guidelines and possible revisions to the regulatory framework in Arlington. The report also includes interesting case examples of how comparable communities near Arlington handle these issues.
This report was presented to the Arlington Select Board on July 22.
Read the complete report and see the available data and tables.
A few days ago, the Boston Globe ran an article titled “2021 set records in Boston Housing Market. What now?“. It’s not unusual to see stories about housing in the news — the market is highly competitive and the sale prices can be jaw dropping. Jaw dropping can take several forms: from the new (and used) homes that sell for over two million dollars, to the amount of money that someone will pay to purchase a small post-war cape (around $900,000, give or take).
According to the globe article, the Greater Boston Association of Realtors estimates that the median price of a single family homes in the Boston area rose 10.5% in 2021, to $750,000. Arlington is comfortably in the upper half of this median: according to our draft housing production plan the median sale price of our single family homes was $862,500 in 2020, and rose to $960,000 in the first half of 2021 (see page 39).
In June 2021, I got myself into a habit of sampling real estate sales listed in the Arlington Advocate, and compiling them into a spreadsheet. My observations are generally consistent with the sources cited above; Arlington’s housing is expensive and it’s appreciated rapidly, particularly in the last 6–10 years. It’s a great time for existing owners, but less so if you’re in the market for your first home.
We’re actually facing two problems, which are related but not identical. The first is high cost, which creates financial stress and a barrier to entry (though it is a boon for those who sell). The second problem is quantity; there are regional and national housing shortages, and that contributes to high prices and bidding wars.
Addressing these challenges will require collective effort on behalf of all communities in the metro area; this is a regional problem and we’ll all have to pitch in. There isn’t a single recipe for what “pitching in” means, but here are some for what communities can do.
First, produce more affordable housing. Affordable housing is a complex regulatory subject, but it basically boils down to two things: (1) the housing is reserved for households with lower incomes than the area as a whole, and (2) there’s a deed restriction (or similar) that prevents it from being sold or rented at market rates. Affordable housing usually costs more to produce than it generates in income, and the difference has to be made up with subsidies. It takes money.
Second, simply produce more housing. This is the obvious way to address an absolute shortage in the number of dwellings available. Some communities have set goals for housing production. Under the Walsh administration, Boston set a goal of producing 69,000 new housing units by 2030. Somerville’s goal is 6000 new housing units, and Cambridge’s is 12,500 (page 152 of pdf). To the best of my knowledge, Arlington has not set a numeric housing production goal, but it’s something I’d like to see us do.
Finally, communities could be more flexible with the types of housing they allow. Arlington is predominantly zoned for single- and two-family homes. The median sale price of our single family homes was $960,000 during the first half of 2021, and a large portion of that comes from the cost of land. That’s the reality we have, and the existing housing costs what it costs. So, we might consider allowing more types of “missing middle” housing, where the per dwelling costs tend to be lower: apartments, town houses, triple-deckers, and the like.
Of course, this assumes that our high cost of housing is a problem that needs to be solved; we could always decide that it isn’t. In the United States, home ownership is seen as a way to build equity and wealth. It’s certainly been fulfilling that objective, especially in recent years.