NAIOP Government Affairs
ADVOCACY 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.
Read MoreHealey-Driscoll Administration Releases $4 Billion Housing Bond Bill
Today NAIOP CEO Tamara Small joined business leaders, advocates, legislators, developers, and representatives from the Healey-Driscoll administration in Chelsea for the unveiling of the Administration’s $4 billion housing bond bill, The Affordable Homes Act. The legislation represents the largest proposed investment in housing in the state’s history.
Read MoreGOVERNOR HEALEY SIGNS TAX RELIEF LEGISLATION
In direct response to NAIOP’s advocacy and work convening a broad range of business and economic development groups over two legislative sessions, the final bill includes a language tripling the annual cap on the Housing Development Incentive Program from $10 million to $30 million, and a one-time $57 million allocation to clear out the almost-2,000 unit backlog of shovel ready housing projects in Gateway Cities across the Commonwealth. The bill also includes a NAIOP-supported $20 million increase in the Low-Income Housing Tax Credit, bringing the total annual allocation to $60 million.
Read MoreGovernor Healey Signs FY24 Budget Extending Brownfields Tax Credit Through January 1, 2029
On August 9, 2023, Governor Healey signed the FY24 budget.
In direct response to NAIOP’s advocacy, the final budget includes a five-year extension of the Brownfields Tax Credit through January 1, 2029. Since the beginning of the session in January, NAIOP has worked with the Healey-Driscoll Administration, the Legislature, and a broad coalition of business groups and housing advocates to ensure the extension was considered for early passage.
Read on to learn about other investments found in the final FY24 budget.
Read MoreGovernor Healey Declares State of Emergency Due to Severe Lack of Shelter Availability in Massachusetts
Governor Healey declared that a state of emergency exists in Massachusetts due to rapidly rising numbers of migrant families arriving in the Commonwealth in need of shelter and services – and a severe lack of shelter capacity in the state. The state of emergency will allow the Administration to advocate for federal support to address the need for expanded shelter access and other services.
There are several ways for individuals and companies to support families seeking safety and shelter in Massachusetts right now.
Read MoreLegislature Passes Final Budget – Includes Extension of Brownfields Tax Credit
In the afternoon of July 31, the Massachusetts House of Representatives and Senate passed the final FY24 Budget.
In direct response to NAIOP’s advocacy, the final budget includes a five year extension of the Brownfields Tax Credit, which was previously set to expire on January 1, 2024. Since the beginning of the session in January, NAIOP has worked with the Healey-Driscoll Administration, the Legislature, and a broad coalition of business groups and housing advocates to ensure the extension was considered for early passage.
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