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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.

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ADVOCACY 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.

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Dain 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.

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Ballot 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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Healey-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.

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GOVERNOR 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.

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Governor 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.

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Governor 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.

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BPDA DELAYS IDP VOTE; FY24 BUDGET AND TAX PROPOSALS HEAD TO CONFERENCE COMMITTEE; GOVERNOR ANNOUNCES HOUSINGWORKS IN CAPITAL INVESTMENT PLAN

In mid-May, the Boston Planning and Development Agency (BPDA) released an updated proposal for the City’s Inclusionary Development Policy (IDP).

Read on to learn more about NAIOP’s position on this policy; and for updates from the State House regarding the FY24 budget; tax reform; and Governor Healey’s new housing announcement.

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Strategies for a Strong and Resilient Massachusetts

With a new gubernatorial administration comes new opportunities to shape the future of Massachusetts. As we look ahead to 2023, there is little doubt that it will be a difficult year for businesses. The incoming Healey-Driscoll administration must be a partner with the business community to ensure that safeguards are in place so the commonwealth can weather the economic storm. Only together can we work to secure the livelihoods and futures of Massachusetts’ residents and businesses.  

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