COVID-19 UPDATE: Governor Baker Announces New Restrictions Designed to Curb the Spike of COVID-19: Business Capacity, Gathering Limits, and Hospital Requirements Updated

Today, Governor Baker announced new statewide restrictions designed to curb the recent spike in COVID-19 cases in Massachusetts. These restrictions will go into effect starting Saturday, December 26 and be in place for at least 2 weeks. It is the goal of the Baker-Polito Administration to keep these measures temporary, but extensions may be required based on public health data. 

New Business Restrictions

The new statewide requirements include, but are not limited to:

  • Indoor and outdoor gathering limits for private property, public spaces and event venues have been reduced to 25 people outdoors and 10 people indoors.
  • Office limitations will be reduced to 25% of total capacity.
  • Capacities for restaurants, personal services, retail, libraries, lodging, theaters, performance venues, places of worship, museums, cultural facilities and others will be reduced to 25%.
  • Workers and staff will not count towards the occupancy count for restaurants, personal services, places of worship and retail businesses such as grocery stores.
  • All other sector-specific guidance remains in place.

For the most up-to-date guidance, requirements and information on the Commonwealth’s COVID-19 response, please visit: mass.gov/reopening.

Updated Hospital Guidance

In order to preserve bed capacity, today it was also announced that effective 12:01am on December 26, all hospitals must postpone or cancel all non-essential in-patient elective invasive procedures, unless postponement would lead to high-risk or significant clinical decline of an individuals health. Additionally, hospitals are advised not to schedule new in-patient non-essential elective procedures until further notice by the Department of Public Health. Ambulatory, outpatient treatment, and preventive procedures (such as mammograms or cancer screenings) are not impacted. In-patient and emergency services are also not affected by this order.

Boston First to Embrace Obama-Era Zoning Rules

Development association backs plan to incorporate fair-housing review for residential projects

By: Scott Van Voorhis | This article was originally published in ENR New England on December 21, 2020

Boston will become the first major city in the country to incorporate Obama-era, federal anti-discrimination rules into the process of reviewing major new apartment and condo projects.

The Boston Planning & Development Agency (BPDA) on Dec. 17 voted to add Affirmatively Furthering Fair Housing rules to the city’s zoning code, a move that comes amid an ongoing surge of large, new residential projects not just downtown, but increasingly in the city’s working-class and minority neighborhoods.

The Obama-era rules became a favorite target of President Donald Trump on the campaign trail, who rescinded the policy over the summer, arguing they would lead to flood of “low-income housing” into the suburbs.

However, the new policy has the solid backing a major trade group representing developers in Boston and across Massachusetts.

Tamara Small, CEO of NAIOP Massachusetts, said the developers in her organization recognize the need for the rules, having formed a group to provide feedback on the proposal to the elected officials working on it.

“It was a collaborative process,” Small said. “We really want to tackle decades of systemic discrimination in housing. Our members are very focused on creating housing opportunities.”

“It is really important to recognize that the real estate industry of today is not the real estate industry of the 1950’s,” Small said.

The organization’s main concern was that the rules and the vetting process be predictable and clearly laid out, as well as having enough flexibility to enable developers to come with creative ways of fulfilling their obligations.

“We also weighed in to ensure there is a process that is both predictable and clear to understand,” Small said.

Under the new requirements, housing developers will use an online tool created by BPDA officials to submit a range of information called for under the new policy, starting with the proposed site of the project and the neighborhood it would be built in.

Developers would also be required to examine the potential for gentrification and other potentially negative impacts on “area residents historically discriminated against,” the development authority noted in a press release.

To head off or mitigate any potential negative impacts, developers would be able to pick from a number of options laid out by the city under the new review process.

These include boosting the number of affordable units available for rent or purchase at below market rates in the proposed project, or further deepening the affordability.

Other options include providing more two-bedroom affordable units large enough for families, or ensuring the number of family-sized, affordable units in the proposed project matches up with the percent of these larger apartments and condos in the neighborhood.

Developers also have the flexibility to propose alternative steps as well to address potential neighborhood displacement and affordability issues, Small said.

“They will have flexibility to come up with creative solutions that might be better suited for that project and for that neighborhood,” Small said.

The proposal was championed by City Councilor Lydia Edwards, with the council voting on Dec. 9 to unanimously approve it.

The last and final stop will come before the Boston Zoning Commission, which is expected to approve the amendment to the city’s zoning rules early next year.

“To reverse the exclusionary housing practices of the past that have kept families of color from accessing safe and secure housing and building generational wealth, we must support aggressive new housing policies that promote equity and fairness,” said Boston Mayor Marty Walsh said in a statement.

How CRE in Massachusetts Navigated a Year of Pandemic and Social Unrest

Industry Responded with Kindness, Creativity and Courage

By Tamara Small | The below was originally published in Banker & Tradesman on December 20, 2020.

This time last year, no one knew what 2020 would hold. Instead, as an industry we predicted an expansion of the office as a talent recruitment tool, fast-paced industrial growth, and a continued tightening of the housing market.  

While some of these predictions were accurate, the COVID-19 pandemic quickly turned others on their head. One thing is clear; 2020 drastically changed expectations and the way the world did business.  

Instrumental in COVID-19 Response 

When the COVID-19 pandemic hit Massachusetts, no one knew how to respond. Frontline workers, who are still risking their lives every day, did not have enough masks to do their jobs safely. Families were thrown into chaos – with kids home from school, online learning developing on the go, and jobs thrown into uncharted territory. And no one needs to be reminded of the stampede on basic necessities.  

Commercial real estate companies across the commonwealth rose to the occasion. Within days, JLL released a new platform to increase communications and resources between tenants and landlords. Within weeks, Federal Realty Investment Trust worked with the city of Somerville to bring a mask decontamination system to the Greater Boston area – which has been instrumental in providing health care professionals the clean, safe equipment they need. Boston Urban Partners started Family Meal, a six-episode series of live–streamed cooking classes with local, award winning chefs (including Jodie Adams and Andy Husbands) to raise money for No Kid Hungry. These are just a few of the extraordinary acts of company kindness we have seen. 

But that is not all. Automatic doors, new air filtration systems, hand sanitizer stations and socially distanced work areas have been implemented in office buildings and common areas. Residential property owners have taken the Boston Housing Stability Pledge to ensure resident safety during this public health crisis. Commercial owners worked with small businesses to help provide needed relief to survive this crisis. New platforms and protocols for curbside pickup, online and in-person shopping, and dining have all quickly been implemented and continually refined as new public health information becomes available. As CEO of NAIOP Massachusetts, I am proud to represent an industry that stepped up in a global health crisis to do its part.  

Economic Development Becomes Economic Relief 

On March 4, Gov. Charlie Baker released his proposal for an economic development bill. Within weeks, it became clear that an economic relief bill would instead be required for Massachusetts’ businesses and residents – just one of many necessary legislative and executive actions.  

But in the background of COVID, the housing crisis deepened. An Act to Promote Housing Choices, which was originally filed by Baker and is now in conference committee, is targeted at lowering voting thresholds in key zoning votes, allowing for increased production of critically needed housing. If it does not pass, expect the production of housing to slow.  

The conversation around transportation changed in some ways, and in other ways not at all. Suddenly, with massively decreased ridership (and little-to-no road congestion), the MBTA was faced with enormous revenue shortfalls. Proposed service changes have been met with opposition, but a modified version of the changes was approved last week. It is clear that our overburdened system will continue to face tough choices into next year.   

What quickly became clear is that the uniqueness of this crisis requires a cautionary approach to policymaking to ensure there are no unintended consequences or long-term impediments to economic growth and stability. The only path to a sustainable recovery is to create a climate for job creation and economic opportunity for all. NAIOP will continue to work with policymakers to ensure thoughtful, practical economic relief is implemented.  

DEI Efforts Come to the Forefront 

In June, society’s attention finally focused on what we have collectively ignored for far too long – hundreds of years of brutality, racism, and inequity throughout the United States of America. While COVID-19 pushed us into unusual and unprecedented times, the systemic issues being protested were with us long before the pandemic.   

NAIOP asked its members and colleagues to listen, learn, engage their leadership and support MWBE businesses. We have seen member-companies like VHB quickly take action to communicate with their employees and the public about its commitment to continuing to be active participants in advancing racial justice and social equity – and it did not stop there.  

Industry conversations on successful diversity initiatives saw over 300 live virtual participants and over 200 after-event watches. More and more companies started reviewing their internal practices and the industry is committed to diversity, equity, and inclusion. The time for real change is now.  

While 2020 was in many ways unexpected, CRE rose to the challenges faced by our communities, our colleagues, and our friends and family. While it is hard to know what 2021 has in store for us, we here at NAIOP know that CRE will continue to evolve and endure.  

On December 21, 2020, NAIOP Massachusetts, The Commercial Real Estate Development Association, joined several business groups and environmental groups to re-affirm their support of the Transportation & Climate Initiative (TCI) and applaud the Baker-Polito Administration’s leadership in developing the landmark regional project. Below please find the accompanying joint press release.

Leading Massachusetts Business and Environmental Groups Join Together to Re-affirm Support for TCI, Applaud Governor Baker’s Leadership

A group of leading Massachusetts business and environmental organizations joined together today to re-affirm their endorsement of the Transportation & Climate Initiative (TCI) and applaud Governor Baker’s leadership in developing the landmark regional program designed to reduce pollution and upgrade the state’s transportation infrastructure. 

Governor Baker was joined by leaders from Connecticut, Rhode Island and the District of Columbia in signing a Memorandum of Understanding (MOU) committing them to TCI and a set of principles for implementing it. Many additional states also submitted a strong statement of support for continuing to work collaboratively to develop the TCI model rule.  

TCI works by placing a regional cap on total pollution from tailpipe emissions. Companies that sell and distribute motor vehicle fuels in the participating states will purchase allowances based on emissions. Proceeds from the sale of allowances are sent back to the states, where they will be invested in clean transportation options. Transportation is the single-largest source of emissions in the Commonwealth.   

“Although the pandemic and addressing the public health and economic fallout from it has to be our top priority, we cannot lose sight of Massachusetts’ long-term transportation and environmental goals. TCI is still an important collaboration for making progress on both that deserves our attention and support.” Says Eileen McAnneny, President of the Massachusetts Taxpayers Foundation

“Climate change and transportation infrastructure continue to be important issues for the state’s long-term competitiveness and key tools in addressing racial, health and other societal inequalities,” said JD Chesloff, Executive Director of the Massachusetts Business Roundtable. “The potential of TCI to make progress in these areas is encouraging and we look forward to seeing additional details and working with stakeholders to help shape this initiative over the next few years.” 

“Using a proven mechanism to protect our environment, grow our economy, and improve public health, TCI demonstrates that climate change need not be a partisan issue nor a point of contention between the business and environmental communities,” said Elizabeth Turnbull Henry, President of the Environmental League of Massachusetts. “COVID-19 has highlighted the serious health consequences of pollution and poor air quality.  We applaud Governor Baker for his early and effective leadership in making TCI a reality.” 

“NAIOP Massachusetts, The Commercial Real Estate Development Association, recognizes that all sectors of the economy need to work together to reduce carbon emissions. TCI is an innovative tool that will have a measurable impact on the Commonwealth’s goal of net zero by 2050, while also creating a new mechanism for funding transportation infrastructure improvements, which are critical to our economic recovery and climate future,” said Tamara Small, CEO of NAIOP Massachusetts. “We look forward to continuing to work with the Baker-Polito administration as well as a broad coalition of business and environmental groups as this advances.”  

“We commend Governor Baker for his leadership moving TCI to this critical point in the development process. Major investors and companies have made it clear that they see TCI as a valuable tool to both tackle transportation emissions and revitalize state economies at a time when they need it most. We look forward to continued collaboration with the governor and his peers throughout the region to ensure the program is implemented in a way that benefits all communities, especially those who have suffered on the frontlines of vehicle pollution.” — Anne Kelly, Vice President of Government Affairs at Ceres. 

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About Ceres  Ceres is a sustainability nonprofit organization working with the most influential investors and companies to build leadership and drive solutions throughout the economy. Through powerful networks and advocacy, Ceres tackles the world’s biggest sustainability challenges, including climate change, water scarcity and pollution, and inequitable workplaces. Our mission: Ceres is transforming the economy to build a sustainable future for people and the planet. 

About the Environmental League of Massachusetts  The Environmental League of Massachusetts is committed to combating climate change and protecting our land, water, and public health. By creating diverse alliances and building the power of the environmental community, we use our collective influence to ensure Massachusetts is a leader in environmental and economic sustainability. 

About the Massachusetts Business Roundtable  The Massachusetts Business Roundtable (MBR) is a public policy organization comprised of Chief Executive Officers and Senior Executives from some of the state’s largest employers. MBR’s members employ more than 250,000 people in the Commonwealth. 

About the Massachusetts Taxpayers Foundation  Founded in 1932, the Massachusetts Taxpayers Foundation (MTF) is widely recognized as the state’s premier public policy organization dealing with state and local fiscal, tax and economic policies. MTF’s record of high quality research and non-partisan analysis has earned the organization broad credibility on Beacon Hill and across the Commonwealth. 

About NAIOP  NAIOP Massachusetts, The Commercial Real Estate Development Association, represents the interests of more than 1700 members involved with the development, ownership, management, and financing of office, research & development, industrial, mixed use, multifamily, retail and institutional space throughout the Commonwealth.   

Boston Mayor Marty Walsh Announces a City-Wide Rollback to Modified Phase II: Greater Boston Communities Expected to Follow Suit

Today, Mayor Marty Walsh announced that the City of Boston will rollback to a modified Phase II based on the most recent public health metrics for a minimum of 3 weeks. In his announcement, Mayor Walsh also indicated that Lynn, Newton, Somerville, Brockton, Winthrop, and Arlington are moving forward with similar actions today. In the City of Boston, these actions go into effect on Wednesday, December 16.
Changes in this update include but are not limited to:

  • Museums, movie theaters, aquariums, and indoor event spaces will temporarily close to in-person use.
  • Indoor recreational and athletic facilities will close for general use.
  • Indoor facilities for lower contact activities will also temporarily close, including bowling alleys, batting cages, driving ranges, and rock climbing gyms.

Activities that continue as part of Phase II include:

  • Retail stores and personal services like hair salons and barber shops can remain open.
  • Office space will remain limited to 40% capacity.

Additionally, indoor dining at restaurants and bars may continue, with strict adherence to City Guidelines and State Sector Specific Protocols.

Recent Statewide Actions

As a reminder, last week Governor Baker announced a statewide rollback to Phase III, Step 1 in the Commonwealth’s Reopening Plan. In the Executive Order, Governor Baker also announced updates to the the protocols governing workspaces, restaurants and indoor dining, and office capacities. These requirements went into effect on Sunday, December 13.
Sector specific guidance has been updated. All information related to Massachusetts’ Reopening Plan can be found by visiting mass.gov/reopening.

COVID-19 Update: Governor Announces Statewide Rollback to Step III, Phase 1 Reopening; Workplace, Office, Retail and Restaurant Guidance Revised; DPH Releases Updated Return to Work Guidance

The Baker-Polito Administration announced several actions yesterday and today in an effort to contain the recent COVID-19 case rise in the Commonwealth.

Governor Announces Statewide Rollback to Phase III, Step 1
This afternoon, Governor Baker announced a statewide rollback to Phase III, Step 1 in the Commonwealth’s Reopening Plan. In the Executive Order, Governor Baker also announced updates to the the protocols governing workspaces, restaurants and indoor dining, and office capacities. These requirements will go into effect on Sunday, December 13.

Changes in this update include but are not limited to:

  • Gyms, stores, offices, and church capacity will be reduced to 40%.
  • The maximum indoor capacity for private gatherings remains at 10 people, while the maximum outdoor capacity for private gatherings will now be 25. The full revised gatherings order can be found by clicking here.
  • Restaurant table capacity will be reduced to 6 persons and total dining time will be limited to 90 minutes.
  • Restaurant diners will be required to wear masks unless actively eating or drinking.
  • Workers will be required to wear masks in all common areas and meeting rooms even where 6ft. social distancing guidelines can be maintained.
  • Employers are asked to allow remote work and telecommuting where possible.

Sector specific guidance will be updated to reflect these changes this week. All information related to Massachusetts’ Reopening Plan can be found by visiting mass.gov/reopening.

DPH Releases Revised Return to Work Guidance
On December 7, 2020, the Department of Public Health revised its return to work guidance, which outlines when workers should quarantine or isolate, and provides guidance on when isolation can end. The guidance also outlines qualifying circumstances that could potentially shorten a strict quarantine period.

An earlier posting of this update incorrectly indicated that restaurant capacity would be decreased to 40%. The post was updated on December 8, 2020 @ 5:25pm.

NAIOP Massachusetts Honors JLL, Federal Realty, Bulfinch, VHB and Boston Urban Partners at Virtual Impact Awards 2021 Leadership Announced

2021 Leadership Announced

Needham, MA – Last night, NAIOP Massachusetts, The Commercial Real Estate Development Association, held the 2020 Virtual Impact Awards. The event was a celebration of NAIOP’s member companies that positively impacted communities across Massachusetts in response to the pandemic and responded to social and economic injustice.

Several local commercial real estate companies were honored, including Federal Realty Investment Trust, who was recognized in the Community Outreach category for its partnership with Mass General Brigham, Battelle and the City of Somerville to bring a mask decontamination system to the Greater Boston Area. JLL was recognized in the category of Landlord Support & Commercial/Residential Property Management for its digital campaign geared toward landlord and tenant clients. The ongoing program included providing compelling content on topics that help landlords and tenants navigate the current real estate environment including re-entry tools, business planning resources, research reports, and webinars. In the category of Employee Engagement, Bulfinch was honored for implementing new strategies to keep its team safe, healthy, connected and engaged. Since the pandemic began, Bulfinch held over 70 virtual meetings, check-ins and team events for employees, including wellness activities and virtual volunteering.

In addition, VHB was recognized in the Diversity, Equity and Inclusion Response category for its employee resource group, VHB IDEAL (Inclusion, Diversity, and Equity Alliance), which is focused on promoting an integrated approach to awareness, inclusiveness, openness, and diversity at VHB. Finally, in the Individual Impact category, Boston Urban Partners was honored for its unique Family Meal Series, six episodes of live stream cooking classes with local, award winning chefs that benefitted No Kid Hungry, a campaign designed to end childhood hunger.

The evening began with a brief Annual Meeting, where the Chapter named its 2021 Board Management Committee, led by Chair (and 2020 President) Leslie Cohen of Samuels & Associates and President Tom Andrews of Alexandria Real Estate Equities. Joining Cohen and Andrews on the Committee are Past Chairs Douglass Karp of New England Development, Ed Marsteiner of National Development and Sara Cassidy of AEW Capital Management, as well as President-Elect Jessica Hughes of Tishman Speyer, Treasurer Patrick McMahon of Federal Realty Investment Trust, and Secretary Kirk Sykes of Accordia Partners.

NAIOP Massachusetts also announced the 2021 nominees to the Chapter’s Board of Directors. William Kane of BioMed Realty, Katy O’Neil of Suffolk Construction Company, and David Madan of Boston Investmentsjoined the Boardwith terms expiring in 2023. James F. Carlin of Crosspoint Associates, Dennis Clarke of Cummings Properties, Abby Goldenfarb of Trinity Financial, Bryan Koop of Boston Properties, Maura Moffatt of Synergy Investments, Chad Remis of Oxford Properties Group, Kimberly Sherman Stamler of Related Beal, and James Tierney of JLL were all reappointed for three year terms.

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About NAIOP

NAIOP Massachusetts, The Commercial Real Estate Development Association, is the leading organization for developers, owners, and investors of office, research & development, industrial, mixed use, multifamily, retail, and institutional real estate in the Commonwealth. NAIOP advocates for policies that advance the commercial real estate industry while providing outstanding education and networking opportunities. For more information, visit www.naiopma.org.

Press Contact: Anastasia Nicolaou (nicolaou@naiopma.org)