From Bill Humphrey, Progressive Newton

Thank you to Chairman Arciero, Chairwoman Edwards, and other esteemed members of the Committee for hosting a hearing and collecting written testimony. I am submitting testimony on behalf of Progressive Newton (which I chair) and in my individual capacity as a Newton City Councilor in support of The Yes in My Backyard Bill (HB1379/SB858). Progressive Newton supports affordable, high-quality housing in safe, walkable, and vibrant neighborhoods and supports affirmatively furthering fair housing to ensure everyone has equal access to housing.

Specifically I wish to offer insights into two provisions of this legislation that have already essentially been adopted in Newton. The first concerns Accessory Dwelling Units and the second concerns Inclusionary Zoning.

The City of Newton in 2022 adopted local zoning changes to make it much easier to build Accessory Dwelling Units, and this new system is similar to that proposed statewide by The Yes in My Backyard Bill (HB1379/SB858). These smaller, separated units of housing on existing lots, usually primarily occupied by a Single-Family Home, not only add to our overall housing stock without much wider impact, but they also specifically help families find proximate housing for elder relatives and adult children (including those with disabilities) or help “big house” elder owner-occupants find a bit of extra rental income to be able to stay in their homes longer or to be able to afford historic preservation (especially if the unit is a traditional carriage house). These ADUs have not always been easy to build or set up under local rules, and this has discouraged them from being created. This legislation will help correct this on a consistent basis across the Commonwealth. It will allow more multi-generational families to live together, enable new incomes for owner-occupants of older homes, and facilitate additional units of new housing across Massachusetts with a smaller effect on existing neighborhoods than some larger development projects that sometimes generate more controversy.

The City of Newton has also already adopted ambitious but fair and rational Inclusionary Zoning targets, which promote the creation of more affordable units than ever before in market-rate projects but without economically discouraging overall production of housing in a substantial way. The Yes in My Backyard Bill (HB1379/SB858) establishes a reasonable compromise at a state level, by proposing that “The Department of Housing and Community Development shall be responsible for developing guidelines to ensure that municipalities do not adopt inclusionary zoning ordinances or bylaws that [unduly] constrain the production of housing in that community.”

Many other provisions in the legislation are also things presently being explored as potential local changes in Newton, but these two points are steps Newton has already taken, and they have been widely supported.

City Councilor Bill Humphrey

Newton MA 02468

Wednesday, July 26, 2023

Chair Edwards, Chair Arciero, and Members of the Joint Committee on Housing

My name is Jonathan Cohn, and I am the Policy Director of Progressive Massachusetts, a statewide grassroots advocacy group with chapters across the state committed to fighting for an equitable, just, democratic, and sustainable Commonwealth.

We urge you to give a favorable report to H.1379/S.858: An Act relative to yes in my backyard and S.870: An Act to improve the housing development incentive program.

Massachusetts faces a growing affordable housing crisis. To rent the average 2-bedroom apartment in Massachusetts requires an income equal to $41.64 per hour. [1] Home ownership has become increasingly out of reach, as median housing sale price in Metro Boston nears $1 million. [2] We need action, and we need to be using every tool in the toolbox to make our state more affordable for all.

If we want to see more homes, and more affordable homes, being built, then we need to reform our zoning laws. According to a recent analysis by the Eviction Lab, Massachusetts metro areas accounted for 3 of the top 10 metro areas with the most restrictive zoning laws. Such restrictive zoning laws push up costs and reinforce residential segregation: indeed, according to census data, more than 60 percent of Massachusetts’s Black population lives in just ten cities. 

The MBTA Communities law, recently passed and currently being implemented by cities and towns, can make a dent, but we need more ambitious and comprehensive policy. H.1379/S.858 would require multifamily zoning and remove costly parking mandates around public transportation, encouraging dense, transit-oriented development that is good for climate and good for communities. It would also expedite the process of converting unused state-owned land into affordable housing or vacant commercial properties into multifamily housing, among many other steps. 

We also need to make sure that we are building more affordable housing, and S.870 would reform the Housing Development Incentive Program to ensure that it actually does so. Currently, the HDIP program subsidizes units with shockingly high rents in hot markets in little need of the “carrot” of tax incentives. [3] The program needs to be refocused to where it can have clear benefits for surrounding communities and to design mixed-income housing that addresses the full range of housing needs in our gateway cities.

Sincerely,

Jonathan Cohn

Policy Director

Progressive Massachusetts

[1] National Low Income Housing Coalition. “Massachusetts.” Accessed July 25, 2023. https://nlihc.org/oor/state/ma.

[2] Kohli, Diti. “The Typical House in Greater Boston Now Costs $900,000. Here’s What That’ll Buy You in the Rest of America.” Boston Globe. July 20, 2022.  https://www.bostonglobe.com/2022/07/20/business/typical-house-greater-boston-now-costs-900000-heres-what-thatll-buy-you-rest-america/.

[3] https://www.masslegalservices.org/content/MLRI_HDIP_Report_12_15_22.

Monday, June 26, 2023

Chair Edwards, Chair Arciero, and Members of the Joint Committee on Housing:

My name is Jonathan Cohn, and I am the Policy Director of Progressive Massachusetts, a statewide grassroots advocacy group committed to fighting for an equitable, just, democratic, and sustainable Commonwealth.

We urge you to give a favorable report to S.856 and H.1312: The Upstream RAFT Act, sponsored by Sen. Brendan Crighton and Rep. Marjorie Decker. This bill would improve access to the Residential Assistance for Families in Transition program (RAFT), restore COVID-era protections, and codify the RAFT program into state statute.

We often hear rhetoric about the housing crisis in Massachusetts. According to the National Low-Income Housing Coalition, it would take more than 90 hours working at minimum wage to afford a modest 1-bedroom rental home in Massachusetts at Fair Market Rent. With the cost of housing so high, housing insecurity abounds. According to data from the Eviction Lab, the number of evictions in Boston jumped significantly over the past year and is now higher than pre-COVID levels, disproportionately affecting Black and Brown families.

Addressing our housing crisis requires a vast array of policy reforms, but at the most basic level, we must take swift action in the near term to curb the growth of displacement. The RAFT program is a lifeline for low-income families, providing emergency, short-term financial assistance for low-income tenants who are at risk of eviction—regardless of immigration status. During the pandemic, this emergency assistance saved many families from homelessness.

But the program has also failed to reach its full potential because of barriers to access, and the Upstream RAFT bill seeks to address them. This bill eliminates the requirement of a “notice to quit” so that tenants can access assistance before a housing emergency becomes an eviction. Many tenants mistake a “notice to quit” for an eviction, losing out not only on their home but also on the supports the state can provide them.

It eliminates the arbitrary $10,000 annual cap on assistance and adopts a 12-month limit instead: tenants are not the ones to blame for rising rents, and they should not be punished for it.

It further reduces obstacles by providing workarounds to enable tenants with uncooperative landlords to receive assistance. No tenant should have to depend on their landlord to receive essential assistance for housing security.

And lastly, the bill would codify the RAFT program into statute in order to add long-term stability to a vital program.

We urge you to act swiftly and advance S.856 and H.312 to improve housing stability in the Commonwealth.

Sincerely,

Jonathan Cohn

Policy Director

Progressive Massachusetts

Tuesday, June 13, 2023

Chair Kennedy, Chair Livingstone, and Members of the Joint Committee on Children, Families, and Persons with Disabilities:

My name is Jonathan Cohn, and I’m the policy director of Progressive Massachusetts, a statewide, member-based grassroots advocacy organization fighting for a more equitable, just, sustainable, and democratic Commonwealth. 

We urge you to give a favorable report to H.211/S.1112: An Act establishing a bill of rights for individuals experiencing homelessness, filed by Representatives Smitty Pignatelli and Frank Moran and Sen. Becca Rausch.

The solution to homelessness is clear: giving people homes. But too often, municipalities see the solution as criminalization and punishment instead, worsening the underlying problems and forcing individuals into vicious cycles of incarceration and housing instability.

As rents and housing prices skyrocket in Massachusetts, an increasing number of families face housing instability, experiencing short-term or long-term homelessness. According to the US Department of Housing and Urban Development, 18,471 people in Massachusetts were counted as homeless in January 2019, more than two-thirds of that population consisting of families with children.

We desperately need comprehensive action to address our housing crisis and to secure housing for those currently without it. However, we also need to ensure that misguided and archaic laws do not make it more difficult for individuals to obtain housing.

These bills would rectify this status quo by extending anti-discrimination protections to persons experiencing homelessness, including protections when seeking employment, housing, voter registration, and access to public spaces and places of public accommodation. They would also ensure that individuals experiencing homelessness are not being criminalized for existing in public space, protecting their right to rest, seek shelter from the elements, occupy a legally parked car, pray, eat, and avoid needless harassment in public spaces.

H.211 and S.1112 are essential to ensuring Massachusetts is a state that treats all residents with dignity and respect, and we urge you to give it your support.

Sincerely,

Jonathan Cohn

Policy Director

Progressive Massachusetts

Tuesday, June 13, 2023

Chair Crighton, Chair Straus, and Members of the Joint Committee on Transportation:

My name is Jonathan Cohn, and I’m the policy director of Progressive Massachusetts, a statewide, member-based grassroots advocacy organization fighting for a more equitable, just, sustainable, and democratic Commonwealth. 

We urge you to give a favorable report to H.3388, H.3360, and S.2251: An Act to provide identification to youth and adults experiencing homelessness (the Everyone Needs ID bill), filed respectively by Rep. Jim O’Day, Rep. Kay Khan, and Sen. Robyn Kennedy.

Individuals experiencing homelessness face significant obstacles to obtaining an ID, but IDs can often be essential to securing employment and even accomplishing everyday life tasks. Without an ID, it can be difficult, if not outright impossible, to apply for jobs, enroll in education programs, get a library card, pick up a package from the post office, receive a prescription from a pharmacy, and more. So many of us take such tasks for granted, but for individuals experiencing homelessness, they become complicated endeavors and roadblocks on the path toward stability.

The aforementioned bills offer a solution by requiring the Registry of Motor Vehicles to waive the $25 fee for an ID for people experiencing homelessness and by allowing applicants to support alternative documentation to prove Massachusetts residency, such as allowing individuals to provide evidence of receiving services from a state agency under the Executive Office of Health and Human Services.

Massachusetts must take comprehensive addition to ensure housing for all; however, in the interim, we must ensure that our policies are not exacerbating the obstacles faced by individuals experiencing homelessness. We urge you to make a difference this session by advancing these bills.

Sincerely,

Jonathan Cohn

Policy Director

Progressive Massachusetts

Tuesday, May 9, 2023 

Chair Eldridge, Chair Day, and Members of the Joint Committee on Housing: 

My name is Jonathan Cohn, and I am the policy director at Progressive Massachusetts. We are a statewide, multi-issue, grassroots membership organization focused on fighting for policy that would make our Commonwealth more equitable, just, sustainable, and democratic. 

We see it all the time in polls, we hear it on the doors, and we see it in the data: Massachusetts has a housing crisis. More and more residents are unable to afford to live in our commonwealth anymore, priced out from one community to another and then out entirely, or face severe housing instability. 

We need a comprehensive approach to the housing crisis, and strong protections for tenants must be a part of it. We urge you to give a favorable report to the following bills: 

S.864/H.1731: An Act promoting access to counsel and housing stability in Massachusetts

S.956/H.1690: An Act promoting housing opportunity and mobility through eviction sealing (HOMES)

Right to Counsel (S.864/H.1731): These bills would provide legal representation for low-income tenants and low-income owner-occupants in eviction proceedings. The eviction moratorium that the Legislature passed earlier in the pandemic was a vital lifeline for so many, but eviction filings have now been climbing past what they were in 2019, pre-pandemic. Tenants enter such eviction proceedings at a major disadvantage: according to FY2022 Trial Court data, while 86% of landlords are represented, only 11.5% of tenants are represented. Tenants facing eviction are disproportionately poor, female, and BIPOC, and evictions can have lasting negative impacts on physical and mental health. Connecticut, Maryland, and Washington have already passed Right to Counsel policies, and Massachusetts should join them. 

HOMES Act (S.956/H.1690): Having an eviction record is creating a devastating barrier for tenants looking for housing. Records are created as soon as a case is filed and are publicly available forever––regardless of the outcome. These records impact people’s ability to obtain housing, credit, and employment, harming many, especially women and people of color. 

Regardless of whether one does anything wrong or is actually evicted, being party to an eviction or housing case is being unfairly held against tenants when they try to rent a new place. Even winning in court hurts tenants. However, there is no current process by which a tenant can seal an eviction record, as there already is in states such as California, Colorado, Illinois, Minnesota, Nevada, New Jersey, Oregon, Utah, and Texas. 

Notably, the Legislature already passed language around eviction sealing in early 2021, only for it to fail to become law due to a last-minute veto by former governor Charlie Baker. We urge you not to wait longer before bringing this issue back up, and we urge you to strengthen the language of these bills to allow eviction sealing to be automatic in certain cases, as opposed by merely by petition: the families facing eviction are least likely to be able to navigate a maze of paperwork. 

Sincerely, 

Jonathan Cohn 

Policy Director 

Progressive Massachusetts