Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S858

Introduced
2/16/23  
Refer
2/16/23  

Caption

To promote Yes in My Back Yard

Impact

The bill proposes significant changes to the state's zoning laws, particularly through amendments to Chapter 40A of the General Laws. It mandates that municipalities allow mixed-use and multifamily housing developments as a right within certain proximities to public transportation, effectively removing minimum parking requirements for these projects. This substantial shift aims to streamline the housing development process and encourage denser urban growth, making it easier for developers to meet housing demands, particularly in areas with good access to public transit.

Summary

S858, known as the Act to Promote Yes in My Back Yard, aims to address the ongoing housing crisis in Massachusetts by establishing ambitious housing production goals. The bill sets a target of creating 427,000 new housing units by the year 2040, including specific benchmarks for affordable housing. Notably, it aims for at least 85,400 of these units to be affordable for households earning less than 80% of the Area Median Income, with a subset reserved for even lower-income residents. The inclusion of detailed reporting requirements is designed to ensure transparency and accountability regarding progress toward these goals.

Contention

While proponents of S858 argue that it is a necessary step to combat housing shortages and increasing prices, there is significant concern regarding how it could alter local governance and zoning control. Critics may fear that such broad mandates could undermine local decision-making processes and lead to developments that do not align with community values. The bill's focus on a one-size-fits-all approach to housing may spark debates about the need for tailor-made solutions that properly respect the unique character and needs of individual municipalities.

Implementation

To enforce these new laws, the bill places a deadline on municipalities to comply with the new zoning requirements or face their existing regulations being rendered null and void. Local authorities will have specific deadlines to revise their zoning laws accordingly, ensuring that compliance is not optional. The establishment of guidelines and criteria for accessory dwelling units (ADUs) is also a key aspect of S858, promoting flexibility in housing options while ensuring adherence to state codes.

Companion Bills

MA S2026

Similar To To promote American manufacturing

MA S2619

Similar To Providing affordable and accessible high-quality early education and care to promote child development and well-being and support the economy in the Commonwealth

MA S2707

Similar To Ensuring affordability, readiness and learning for our youth and driving economic development

MA S2579

Similar To Promoting the growing and use of hemp and hemp products

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