ADUs ‘by Right’ Are Now the Law in Massachusetts; Gov. Healey Signs AARP Backed Housing Bill

Posted on 08/06/24 by Ted Carey

If you want to build a small home or an apartment unit on your property, you no longer need to wade through your city or town’s red tape to begin the process. Governor Maura Healey signed The Affordable Homes Act into law Tuesday. A key aspect of the $5.1 billion housing bond bill is allowing ADU’s ‘by right’.

Accessory Dwelling Units (ADUs) can provide housing for family members, caregivers, or renters. They can stand alone or be attached to the primary dwelling. Until the Affordable Homes Act was signed, cities and towns in Massachusetts regulated ADUs. Some municipalities allowed them, while others had complex zoning laws that could make it nearly impossible to build one.

ADUs are vital in the effort to ease the Commonwealth’s housing crunch. The Executive Office of Housing and Livable Communities expects ADUs will generate 10,000 new homes over the next five years.

The law requires municipalities to adopt by-right permitting in single-family zoned districts, caps parking mandates at one spot per unit for ADUs further than ½ mile from public transit and bans owner occupancy requirements.

AARP believes ADUs offer affordable, flexible, and age-friendly housing options that can be easily integrated into existing neighborhoods. ADUs are cost-effective due to the minimal land costs and have a smaller environmental footprint. They provide a source of income for homeowners, particularly beneficial for retirees, and can be adapted for various family needs and life stages.

The Affordable Homes Act is the largest housing bill in Massachusetts history. The legislation is aimed at increasing the production of new homes, accelerating the rehabilitation of existing housing, reduce barriers to development, and promote affordable housing options The legislation also contains 49 policy initiatives; among them provisions for tenant protections and support for first-time homebuyers.

The Governor praised the legislation at the signing ceremony at the Golda Meir House in Newton.

“It (the Affordable Homes Act) creates homes for every kind of household at every stage of life. Seniors who want to downsize in their own communities, public housing residents who deserve a home they can be proud of, and veterans who served who deserve a safe home in our community,” said Gov Healey.

The Governor staked out housing as a priority when she took office.

“We're number one for innovation and entrepreneurship. We're a state that leads in freedom and equality. But we know if you can't afford rent, if you can't afford a mortgage, you can't afford to live here. And that's not right. So, we brought everybody together to do something about it. And that’s The Affordable Homes act”

AARP Massachusetts has supported the legislation since Governor Healey introduced the bill last year. AARPtestified in favor of the bill, urged legislators to pass the bill and sent a letter toGovernor Healey supporting the bill after the Massachusetts House and Senate passed the bill August 1.

Read more about ADUs here.

If you would like to join in the fight, let us know. Send us an email to ma@aarp.org. AARP advocates for what matters most to the more than 100 million Americans 50-plus and their families: health security, financial stability and personal fulfillment. Join us in the fight. AARP advocacy volunteers partner with staff at the state and federal levels to influence important legislative issues. You can sign up to be an E-advocate at www.aarp.org/getinvolved.

This story is provided by AARP Massachusetts. Visit the AARP Massachusetts page for more news, events, and programs affecting retirement, health care, and more.

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