NAIOP Government Affairs
Permanent MBTA Communities Regulations in Effect
On Monday, April 14, the Healey-Driscoll Administration announced the release of final regulations for M.G.L. Chapter 40A, Section 3A, otherwise known as the MBTA Communities Act. These regulations are in effect.
According to the final regulations, communities that did not meet prior deadlines to submit new zoning to the state will have until July 14, 2025 to submit a district compliance application to EOHLC. Communities designated as adjacent small towns still have a December 31, 2025 deadline to submit district compliance applications.
NAIOP is grateful to the Healey-Driscoll Administration for advancing successful implementation of the MBTA Communities Act. According to the announcement, currently, 68 communities are deemed compliant or conditionally compliant with the Act. A total of 119 communities have adopted multifamily zoning to comply with the law.
Read MoreUnlocking Housing Production Commission Releases Recommendations to Address Barriers to Housing Production
On Friday, February 21, the Unlocking Housing Production Commission released its recommendations for specific legislative, regulatory and policy changes designed to increase Massachusetts’ housing supply.
The Commission was created by Executive Order in late 2023 to advise the Healey-Driscoll administration on how state and local laws, regulations, and practices could be revised to increase the supply of housing across income levels and the state. Commission members included NAIOP CEO Tamara Small and NAIOP members Levi Reilly of Marcus Partners; David Linhart of Goulston & Storrs; and Jeanne Pinado of Colliers; as well as leaders from local government, business, and community organizations.
“This report is the result of many hours of research, discussion and review undertaken by the Unlocking Housing Production Commission over the past year,” said NAIOP CEO Tamara Small. “The final recommendations range from bold actions to targeted tweaks designed to advance new housing production at all levels across the Commonwealth.”
Read MoreSJC Upholds MBTA Communities Law and Attorney General’s Ability to Enforce
On January 8, the Supreme Judicial Court (SJC) released its decision in Attorney General v. Town of Milton.
NAIOP was pleased to see that the Court’s decision upheld both the Attorney General’s power to enforce M.G.L. Chapter 40A, Section 3A, otherwise known as the MBTA Communities Act, and the constitutionality of the Act. This decision supports NAIOP’s September Amicus Brief, filed by NAIOP member Greg Sampson of Silver Gavel Firm Sullivan & Worcester, which urged the SJC to affirm that the Attorney General may elect to enforce the MBTA Communities Law.
Read MoreGovernor Signs Economic Development Compromise – Permit Extension Act Included
On November 20, Governor Maura Healey signed The Mass Leads Act into law.
The nearly $4 billion legislation includes several of NAIOP’s priorities including a Permit Extension Act; An Act to Safeguard Municipal Permitting; Establishment of a Permit Regulatory Office; and the creation of a Qualified Data Center Tax Credit.
NAIOP is immensely grateful to Governor Maura Healey, Speaker of the House Ronald Mariano and Senate President Karen Spilka for their leadership to ensure this critical legislation is enacted.
NAIOP also applauds the Conference Committee members, Chairman Aaron Michlewitz; Chairman Michael Rodrigues; Chairman Jerald Parisella; Chairman Barry Finegold; Representative David Muradian; and Senator Peter Durant for their hard work over many months to advance a bold and balanced final bill.
Read MoreNAIOP Massachusetts Announces Recipients of President’s Award and Government Affairs Champion Award
BOSTON, MA – NAIOP Massachusetts, The Commercial Real Estate Development Association, is proud to announce the recipients of the 2024 President’s Award and the 2024 Government Affairs Champion Award. The awards will be presented at the Chapter’s Annual Meeting on Tuesday, November 19.
The 2024 President’s Award will be presented to Debbie Osheroff, NAIOP’s Director of Membership & Administration in recognition of her outstanding contributions to NAIOP’s growth and success.
Michael McDermott of Dain, Torpy, Le Ray, Wiest & Garner, P.C., will be awarded the 2024 Government Affairs Champion Award, for his invaluable contributions to advancing NAIOP’s advocacy.
Read MoreADVOCACY ALERT: Sullivan & Worcester Files Amicus Brief on Behalf of NAIOP Massachusetts urging SJC to Affirm the Attorney General’s Ability to Enforce Section 3A of the Zoning Act
On Monday, September 16, 2024, law firm Sullivan & Worcester filed an amicus brief on behalf of NAIOP Massachusetts – The Commercial Real Estate Development Association (NAIOP) in the case of Attorney General v. Town of Milton and Joe Atchue, in his official capacity. At issue is whether or not Section 3A of the Zoning Act (otherwise known as the MBTA Communities Law) provides the sole remedy for noncompliance with the law, and whether, and to what extent, the Attorney General’s office is authorized and has standing to enforce compliance with the Section.
Read MoreADVOCACY ALERT: NAIOP Secures Office Conversation Tax Credit and Defeats Right of First Refusal; Legislature Does Not Advance Economic Development or Climate Bills; Uncertain Future for Boston Proposals
Read on for NAIOP’s legislative wrap-up on the topics relevant to the industry including;
NAIOP’s successful advocacy securing a Nation-Leading Office Conversion Tax Credit, Defeats Right of First Refusal, in Housing Bond Bill;
The status of the Permit Extension Act and other economic development priorities;
The status of the climate legislation; and
The status of Boston’s property tax and BPDA reform proposals.
Read MoreADVOCACY ALERT: NAIOP Opposes Mayor Wu Proposal Seeking Permission to Increase the Tax Burden on Commercial Properties
On April 3 Mayor Wu filed a Home Rule Petition with City Council allowing the City to lessen increases in residential property tax bills caused by declining commercial values by temporarily shifting more of the property tax levy onto owners of commercial and industrial properties. The City Council referred the matter to the Committee on Government Operations.
There have been two public hearings on the proposal, filed as Docket 0642. NAIOP has submitted testimony for consideration in advance of both the hearing on April 16, and the hearing on May 30.
On May 22, NAIOP hosted a briefing and panel discussion regarding the proposed legislation. NAIOP CEO Tamara Small was joined by Jim Rooney of The Greater Boston Chamber of Commerce; Meg Mainzer-Cohen of the Back Bay Association; Marty Walz of the Boston Municipal Research Bureau; Matthew Osborne of Eastern Bank; and Daniel Swift of Ryan, LLC.
Read MoreDain Torpy Files Amicus Brief on Behalf of NAIOP & Massachusetts Association of REALTORS® in Shoucair v. Zoning Board of Appeals of Boston & Others
On March 8, law firm Dain, Torpy, Le Ray, Wiest & Garner (Dain Torpy) filed an amicus brief on behalf of NAIOP Massachusetts – The Commercial Real Estate Development Association (NAIOP) and the Massachusetts Association of REALTORS® (MAR). Because Boston’s zoning appeal bond requirement is established by statutory text that is distinct from, and pre-dates, the Commonwealth’s separate zoning appeal bond provision, the brief urges the SJC to affirm the Superior Court’s imposition of a bond on the appellant in this case without requiring an “in bad faith” determination.
Read MoreBallot Efforts to Legalize Rent Control Fail to Gather Signatures Needed
Efforts to advance a ballot question seeking to establish a broad spectrum of policies related to the rental housing market, including the legalization of rent control, gathered less than 15% of the required signatures over six weeks of outreach. With the November 22 signature deadline looming, the campaign was unable to gather the remaining 60,000+ signatures required and has suspended operations. This means that the question will not go before voters in 2024.
As NAIOP CEO Tamara Small told The Boston Globe over the weekend, rent control will not address our housing crisis.
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