The Urban Homestead Act
This is my idea for an initiative petition to allow the smart growth we always talk about by channeling the wave of middle class angst
Summary
The Urban Homestead creates a gap in zoning restrictions to allow middle class families to build housing for themselves in the Boston area.
Housing in the Boston area is expensive. Boston is a charming, walkable city, and the economy is strong. Because of this, more and more people keep moving to the Boston area. But very little new housing is being constructed. This is because Boston and the towns around it have enacted strict zoning rules, that have basically blocked all new construction since the 1920’s. People with money have largely outcompeted middle class families from this limited housing supply. At the same time, such families are also largely shut out of affordable housing reserved for the poor.
What housing has been created is ugly, and only for the rich. Most of the construction over the past 20 years has used cheap materials that pay no homage to the existing urban fabric. Further, the construction has been luxury apartments for wealthy single people. Of these, a small percent is usually reserved for the poor, but nothing is provided for working families. Perhaps because so much new construction has been ugly and reserved for the rich, there is a huge backlash against any new construction. But this only exacerbates the housing shortage in the long term.
Housing for the middle class is being built, but it is largely in distant suburbs where families must drive everywhere. This defies the prevailing trend toward “smart growth,” housing in neighborhoods based around public transit, and now further connected by ride sharing.
The urban homestead act creates a narrow gap in the restrictive zoning, allowing middle class families to build “urban homesteads” - attractive, compact housing that blends in with the historical fabric of the neighborhood, and comports with “smart growth” principles. Housing must be compact, just big enough for the family, and it must be attractive, built of natural materials and based on existing buildings in the neighborhood. Further, it encourages housing in urban or inner suburban areas where people can use public transit.
Initiative petition
An act relative to housing relief for working families
PREAMBLE
Wheras, incomes for many jobs in the Commonwealth are stagnating,
And wheras, at the same time housing costs are very high and have been accelerating,
And wheras, at the same time, child care and health care costs are also very high, and have also been rapidly accelerating,
And wheras, there are few government programs that provide reliefe for middle class families
And wheras, because of the aforementioned conditions, the position of working people with children, has become extremely difficult,
Therefor, the following law shall be signed into law:
COMPONENTS
To MGL Chapter 40A, section 3, the following paragraph shall be added at the end:
“No zoning ordinance or by-law shall prohibit the construction of an ‘urban home stead’ as certified by the Housing Appeals Committee.”
To MGL Chapter 40B, the following section shall be added:
Section 31
Procedure for application
Any person may apply to the Housing Appeals Committee for a project to be certified as an ‘urban homestead’. The proponent of such project will mail or deliver an application packet to the Housing Appeals Committee. The packet shall contain a site plan for the urban homestead, as well as a drawing or computer rendering of the proposed front and sides of the building. The packet shall contain documentary evidence showing that the project meets the criteria detailed in subsection b of this section. The Housing Appeals Committee shall then schedule a hearing within 60 calendar days of the application. Once a hearing is scheduled, the proponents must serve the residents of all abutting properties of notice of the hearing. Notice must be served 30 calendar days before the hearing is conducted. At the hearing, the Housing Appeals Committee shall determine if the project meets the criteria as an Urban homestead. If they so determine, they shall certify the proposal as an Urban homestead by attaching a written certificate to the application, and docketing such result for their records.
b. Criteria
1 Proponent criteria
The Proponents must be A) A married couple. A marriage certificate shall be prima facie evidence of this. B) Who have at least one child under ten years old who is in both of their custody. A birth certificate for the child with an affidavit of both parents as to custody shall be prima facie evidence of this. C) Who between the two of them have filed at least six separate Massachusetts Tax returns. A photocopy of such tax return or comparable print out from the Department of Revenue shall be prima facie evidence of this. D) who, between the two of them they make between 50 and 150% of the state median income for a family with two household earners, as determined by . . . . The combination of W2 statements, federal tax returns, and an affidavit shall be prima fascie evidence of this E)Who, between the two of them, do not own any other home. F. Combinations of up to three families who each fulfill A to D above may apply jointly.
2 Site location criteria
The proponents must own the site they would like to build on, or have a lease permitting them to build there, or have a contract giving them the option to buy the property. No law or regulation limiting subdivision shall apply to such proposals. The site must be within 4000 feet of a public transit rail stop, or within 4000 feet of at least two bus lines. A print out with walking directions from a mapping web site shall be prima facie evidence of this. The site must abut at least one other residential structure.
3 Proposed structure criteria
The structure must contain less than 250 feet of total area for every family member. The structure must be clad in traditional materials including brick, stone, or wood, and shall be designed in a traditional New England style. This may be proven by showing that structure is substantially similar in appearance to a structure already in the neighborhood, within 1000 feet walking distance.
The proposed structure shall have a minimum set back of at least five feet on all sides. The structure shall have at least one parking space on site, unless it is within 4000 feet walking distance of two or more public transit rail stops. The structure shall not be more than 30 feet tall.
4 Transfer of approved project.
A couple may sell or otherwise transfer their approved project to another couple, provided the new couple also meets the criteria for such a homestead.
5 Transfer of completed project.
Onc built, an urban homestead may only be transferred to other qualifying couples, until twenty years time has passed.
This is my idea for an initiative petition to allow the smart growth we always talk about by channeling the wave of middle class angst
Summary
The Urban Homestead creates a gap in zoning restrictions to allow middle class families to build housing for themselves in the Boston area.
Housing in the Boston area is expensive. Boston is a charming, walkable city, and the economy is strong. Because of this, more and more people keep moving to the Boston area. But very little new housing is being constructed. This is because Boston and the towns around it have enacted strict zoning rules, that have basically blocked all new construction since the 1920’s. People with money have largely outcompeted middle class families from this limited housing supply. At the same time, such families are also largely shut out of affordable housing reserved for the poor.
What housing has been created is ugly, and only for the rich. Most of the construction over the past 20 years has used cheap materials that pay no homage to the existing urban fabric. Further, the construction has been luxury apartments for wealthy single people. Of these, a small percent is usually reserved for the poor, but nothing is provided for working families. Perhaps because so much new construction has been ugly and reserved for the rich, there is a huge backlash against any new construction. But this only exacerbates the housing shortage in the long term.
Housing for the middle class is being built, but it is largely in distant suburbs where families must drive everywhere. This defies the prevailing trend toward “smart growth,” housing in neighborhoods based around public transit, and now further connected by ride sharing.
The urban homestead act creates a narrow gap in the restrictive zoning, allowing middle class families to build “urban homesteads” - attractive, compact housing that blends in with the historical fabric of the neighborhood, and comports with “smart growth” principles. Housing must be compact, just big enough for the family, and it must be attractive, built of natural materials and based on existing buildings in the neighborhood. Further, it encourages housing in urban or inner suburban areas where people can use public transit.
Initiative petition
An act relative to housing relief for working families
PREAMBLE
Wheras, incomes for many jobs in the Commonwealth are stagnating,
And wheras, at the same time housing costs are very high and have been accelerating,
And wheras, at the same time, child care and health care costs are also very high, and have also been rapidly accelerating,
And wheras, there are few government programs that provide reliefe for middle class families
And wheras, because of the aforementioned conditions, the position of working people with children, has become extremely difficult,
Therefor, the following law shall be signed into law:
COMPONENTS
To MGL Chapter 40A, section 3, the following paragraph shall be added at the end:
“No zoning ordinance or by-law shall prohibit the construction of an ‘urban home stead’ as certified by the Housing Appeals Committee.”
To MGL Chapter 40B, the following section shall be added:
Section 31
Procedure for application
Any person may apply to the Housing Appeals Committee for a project to be certified as an ‘urban homestead’. The proponent of such project will mail or deliver an application packet to the Housing Appeals Committee. The packet shall contain a site plan for the urban homestead, as well as a drawing or computer rendering of the proposed front and sides of the building. The packet shall contain documentary evidence showing that the project meets the criteria detailed in subsection b of this section. The Housing Appeals Committee shall then schedule a hearing within 60 calendar days of the application. Once a hearing is scheduled, the proponents must serve the residents of all abutting properties of notice of the hearing. Notice must be served 30 calendar days before the hearing is conducted. At the hearing, the Housing Appeals Committee shall determine if the project meets the criteria as an Urban homestead. If they so determine, they shall certify the proposal as an Urban homestead by attaching a written certificate to the application, and docketing such result for their records.
b. Criteria
1 Proponent criteria
The Proponents must be A) A married couple. A marriage certificate shall be prima facie evidence of this. B) Who have at least one child under ten years old who is in both of their custody. A birth certificate for the child with an affidavit of both parents as to custody shall be prima facie evidence of this. C) Who between the two of them have filed at least six separate Massachusetts Tax returns. A photocopy of such tax return or comparable print out from the Department of Revenue shall be prima facie evidence of this. D) who, between the two of them they make between 50 and 150% of the state median income for a family with two household earners, as determined by . . . . The combination of W2 statements, federal tax returns, and an affidavit shall be prima fascie evidence of this E)Who, between the two of them, do not own any other home. F. Combinations of up to three families who each fulfill A to D above may apply jointly.
2 Site location criteria
The proponents must own the site they would like to build on, or have a lease permitting them to build there, or have a contract giving them the option to buy the property. No law or regulation limiting subdivision shall apply to such proposals. The site must be within 4000 feet of a public transit rail stop, or within 4000 feet of at least two bus lines. A print out with walking directions from a mapping web site shall be prima facie evidence of this. The site must abut at least one other residential structure.
3 Proposed structure criteria
The structure must contain less than 250 feet of total area for every family member. The structure must be clad in traditional materials including brick, stone, or wood, and shall be designed in a traditional New England style. This may be proven by showing that structure is substantially similar in appearance to a structure already in the neighborhood, within 1000 feet walking distance.
The proposed structure shall have a minimum set back of at least five feet on all sides. The structure shall have at least one parking space on site, unless it is within 4000 feet walking distance of two or more public transit rail stops. The structure shall not be more than 30 feet tall.
4 Transfer of approved project.
A couple may sell or otherwise transfer their approved project to another couple, provided the new couple also meets the criteria for such a homestead.
5 Transfer of completed project.
Onc built, an urban homestead may only be transferred to other qualifying couples, until twenty years time has passed.