Massachusetts Housing Secretary says ADU guidelines are coming. But will they arrive in time for cities to change their regulations? | Local news

When Gov. Maura Healey signed the Historic Housing Bond Act into law last month, it included a provision intended to encourage the creation of additional housing units to help communities struggling with housing shortages.

However, it did not provide specific guidance on how municipalities should implement the law.

And while the state is aware of calls for more information as the Feb. 2 implementation date approaches, Housing Secretary Ed Augustus says he wants to make sure municipalities provide input in the process.

“We could move quickly, but we’ll skip this comment period (when) the Berkshires or another part of the state (might) say, ‘Hey, this isn’t working for us,'” he said.

The new legislation provides a general definition of ADUs and removes certain restrictions that many municipalities previously used to oversee and sometimes restrict ADU construction. However, the broad nature of the regulations has left municipalities with questions about what restrictions they can continue to enforce.

An ADU, more commonly known as an in-law suite or “granny flat,” is an accessory dwelling unit that provides sleeping, cooking, and bathroom facilities on the same lot as the primary residence. ADUs come in many forms, and until recently it was up to municipalities to decide whether they could be built and to decide on restrictions, including size, occupancy and whether they required special permits.

Augustus said the state is aware of requests from housing advocates, lawyers and local officials for further guidance and will release the guidance in draft form – hopefully around Feb. 2, when the rule goes into effect. The final version will be presented later, after the state collects feedback from municipalities.

“As city officials and regional officials, you’re going to have a lot of opinions and ideas,” Augustus told the audience at the Berkshire Regional Planning Commission’s annual meeting Wednesday evening. “Participate in this process as we make changes based on the feedback we receive. It’s an iterative process, but it’s only as effective as the people using it. So as you think about this and talk about it in our communities, come up with good ideas and share them with us.”

Augustus said those guidelines may include a model bylaw that municipalities can refer to.

However, this guidance will be delayed for municipalities that want to start writing and reworking their bylaws before the implementation date.

Local authorities are not required to adjust existing ADU bylaws or write new ones within this deadline because state law supersedes local law; local laws that do not comply with this provision will simply become unenforceable.

However, failure to change the bylaw could impact municipalities’ ability to take advantage of restrictions allowed by the Affordable Homes Act, including the zoning review requirement and restrictions on short-term ADU rentals.

In Berkshire County, 29 of 32 municipalities must make some changes to their bylaws if they want to comply with state law.

However, city authorities that decide to act without state guidance will not do so completely blindly.

The Berkshire Regional Planning Commission will share its own guidelines with county municipalities by the end of October, said Cornelius Hoss, a community planner and development program manager for the commission.

“I would like to make sure that by the end of October, communities, whether it comes from the state or us, have guidance on how best to move forward,” Hoss said.

It’s not yet clear what exactly those guidelines will look like, but municipalities can expect to see something similar to the fact sheets the commission has issued in the past.

“We know everyone’s situation is different, so we’ll likely present multiple scenarios and develop advice depending on which best fits that scenario,” Hoss said.

In addition to the guidelines, the state is also examining funding sources for ADUs. Augustus said MassHousing is currently in discussions with banks and lenders across the state about the best way to finance ADU construction.

“We hope to implement special financing mechanisms that will be made available to homeowners across the state,” Augustus said. “Building out the space above the garage, basement, attic and even in the yard will cost money. So we want to make sure it’s accessible to as many people as possible.”