English
Spanish
Portuguese
Arabic
Haitian Creole
Chinese (Traditional)
New law called ‘pro-housing’ by Governor; lessened restrictions will allow more accessory dwelling units
By Steve Freker
They come with a lot of different names and descriptions, but the end result of what is being called historic legislation would be the same – more housing units in most communities across the state.
When Governor Maura Healey signed sweeping state housing legislation just over a month ago, the $5.16 billion Affordable Housing Act included some 49 policy initiatives designed to counter the problematic and rising dichotomy of ballooning housing costs caused by high demand and limited supply. From the local level to the White House, every elected official points to affordable housing – and the lack if it – as the #1 issue affecting the quality of life in the United States. Every member of the Malden City Council agrees as well, and at its first meeting back from summer recess, it was the marquee topic of discussion.
Perhaps the top initiative that has the potential to affect local cities and towns is the inclusion of allowing the addition of Accessory Dwelling Units (ADUs), or “in-law apartments,” of up to 900 square feet – statewide – in communities’ single-family housing districts. At the first City Council meeting of the new 2024-2025 political season, Ward 3 Councillor Amanda Linehan included a resolution inviting representatives from the city’s Office of Strategic Planning and Development (OSPD) “to appear before the Council to provide an update on changes in state law related to Accessory Dwelling Unit (ADU) zoning, including the expected local application of this new by-right designation.” Malden City Council President Stephen Winslow added himself as a cosponsor to this paper, which, after discussion by all members of the Council, was amended to include invitations to the city’s Parking Department, Controller’s Office and any other city officials who could bring information to the Council on this issue.
“This bill is going to affect us,” Councillor Linehan said at the meeting. “We do have single-family zoning and we will most likely have to make changes.”
“Sooner or later the state law is going to supersede our zoning [on ADUs]. It is important we are proactive on this issue,” Councillor Linehan added.
Ward 1 Councillor Peg Crowe said she was surprised to see the original resolution on the docket. “The Mayor already has a team assigned to work on this issue. We have to have all parties involved: the parking director, the city planner, building commissioner. It’s a bit premature to request them now before they are ready to present,” she said. “Things are fuzzy right now.”
Councillor Linehan agreed. “It’s going to be here before we know it. We have no problem waiting until our officials are able to provide us with explicit details.”
Councillor-at-Large Craig Spadafora said there are some possible scenarios which could be problematic. “It’s clear … that in a lot of cases it is not going to be for a grandmother of an in-law. We are looking at situations where a four-family might try and go to a five-family or a five-family to a sixth apartment.
“It’s a business,” he added. “It is under the earmark of affordability like the MBTA legislation but it could lead to more absentee landlords trying to make more money.”
“There’s no parking and absentee landlords might see this an opportunity to try and make more money. [ADUs are] a serious issue and it is advantageous to slow it down and get some answers and guidelines,” Ward 7 Councillor Chris Simonelli said.
“We addressed something similar 20 years ago and we have to closely see how this impacts us today,” Ward 2 Councillor Paul Condon concurred.
Councillor-at-Large Karen Colón Hayes supported more city officials’ voices to be heard on that matter. “We definitely need some information and we need people before us so the public can get a better understanding,” she said. “I was shocked to see this on the agenda just 10 days after getting an email from [Mayor Christenson] advising us his team had begun working on this issue. We have to at least give them four to six weeks to do their work on this.”
“[Councillor Spadafora] is right. We really need to take our time and do what is right for [Malden],” Ward 8 Councillor Jadeane Sica said. “Landlords could try and work this and try to make another apartment and another $2,500 a month. If we added ADUs and another unit to some of the housing in my neighborhoods – there is no parking as it is – it would be even more atrocious.”
“The dynamic housing is such a huge issues around the Commonwealth. In other states where they have [permitted] ADUs it has been a success,” Councillor-at-Large Carey McDonald said. “Maybe there are some opportunities where state money could help us and ameliorate impacts.”
“I do really appreciate what the Mayor’s Office is doing and I represent one of the wards most heavily impacted,” Ward 4 Councillor Ryan O’Malley, who represents most of Malden Square, said. “How do we incentivize this [new ADU plan] without being invasive to the neighborhood? That is the question.”
What are the changes in Accessory Dwelling Units in the Affordable Homes Act?
On August 6, 2024, Governor Maura Healey signed the Affordable Homes Act into law (Chapter 150 of the Acts of 2024). Section 8 of the Affordable Homes Act amends the Zoning Act to allow Accessory Dwelling Units (ADUs) up to 900 square feet to be built by right in single-family zoning districts.
The historic legislation authorized $5.16 billion in spending over five years along with nearly 50 policy initiatives to counter rising housing costs. The new law on ADUs is an example of a small policy change that will make a big difference. Massachusetts is a leader in finding innovative solutions to our biggest challenges. Rising housing costs and homelessness are not unique challenges for our state, but we can lead the way in solving them.
Under the new law, an ADU must:
—Maintain a separate entrance, either directly from the outside or through an entry hall or corridor shared with the principal dwelling sufficient to meet the requirements of the state building code for safe egress
—Be either no larger than half the gross floor area of the principal dwelling or 900 square feet, whichever is smaller
—Meet municipal restrictions, including, but not limited to, additional size restrictions and restrictions or prohibitions on short-term rental
What are the benefits of ADUs?
Property owner benefits:
—Provides an additional rental income for property owners, which can help offset maintenance and repair costs
—Low-cost housing opportunity for adult children and other relatives to remain in their community
—Provides long-term options for seniors, either as an opportunity for caregivers to live close by or to downsize while remaining in their community
Renter benefits:
—Adds affordable rental units to the housing stock to meet the needs of smaller households
—Long-term residents can stay in the neighborhood they love and know (work in)
Benefits to Massachusetts:
—Increases much-needed affordable and diverse housing opportunities
—Provides accessible housing to seniors or persons with medical needs or disabilities and their caregivers
—Compact growth makes use of our existing land use, structures and infrastructure, which can be more sustainable and far more economical than building a single-family home on a new lot
—ADUs are smaller and utilize less water and electricity, making them a more sustainable housing option
WinnCompanies
WinnCompanies is working on a major project in Malden regarding Affordable Housing at the moment. Gilbert Winn, CEO of WinnCompanies:
“The groundbreaking Affordable Homes Act will have an immediate impact on the Commonwealth’s housing needs by unleashing numerous affordable and mixed-income projects that had been awaiting adequate resources to move into construction.
“It will deliver a tangible boost to our state’s competitiveness and quality of life. We’re very fortunate to have the Healey-Driscoll Administration and a Legislature willing to commit tremendous resources to well-designed programs that match urgency of the moment.”
