BOSTON — Governor Maura Healey signed the Affordable Homes Act into law on August 6, 2024, aiming to address the state’s housing crisis through financial authorizations and policy changes. The $5.16 billion spending package includes 49 initiatives, one of which is the legalization of accessory dwelling units (ADUs), commonly known as backyard apartments or in-law suites.
Homeowners in Massachusetts can now have ADUs under 900 square feet by right on single-family lots. without needing special permits or variances unless they plan to add more than one. This new policy replaces the state’s inconsistent zoning regulations with a uniform law, allowing homeowners on single-family lots to add small units without needing a special permit or variance, unless they want to add more than one. Construction of ADUs is still subject to local building codes, however.
ADUs, which can be attached or detached from the main residence, often take the form of basement or attic conversions, cottages in backyards, or bump-out additions. The Healey-Driscoll Administration estimates that the law will lead to the construction of between 8,000 and 10,000 ADUs over the next five years.
“The Affordable Homes Act creates homes for every kind of household, at every stage of life, and unlocks the potential in our neighborhoods,” said Governor Healey. “Today we are taking an unprecedented step forward in building a stronger Massachusetts where everyone can afford to live.”
The act also includes significant investment in modernizing the state’s public housing system, boosts to programs supporting first-time homebuyers, incentives for building more housing for low- to moderate-income residents, and support for converting vacant commercial spaces into housing. Additionally, the law promotes sustainable and green housing initiatives.
Lt. Governor Kim Driscoll emphasized the critical role of housing in supporting local economies. “We went big with the Affordable Homes Act, and it received incredible support from members of the Legislature, advocates, employers, business leaders, and health care professionals,” she said. “Together we understand the importance of investing in housing to remain a competitive state.”
The law introduces a Seasonal Communities designation to address the unique housing needs of areas with significant seasonal employment, such as Cape Cod, the islands, and the Berkshires. “This administration, in partnership with the Legislature, has now adopted some of the most forward-looking and proven practices to not only meet this moment but also set a course to meet the housing needs of our communities for years to come,” said Housing and Livable Communities Secretary Ed Augustus.
With an authorization of $2 billion for repairing, rehabilitating, and modernizing the state’s public housing portfolio, the Affordable Homes Act addresses decades of underfunding in this critical area. The law also establishes the Commercial Property Conversion program and the Commercial Property Conversion Tax Credit to facilitate the development of vacant or underutilized commercial spaces into housing.
