Author Archives: Tamara Small

About Tamara Small

Tamara Small is the CEO of NAIOP Massachusetts.

Change Happens Now

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Today, NAIOP Massachusetts made the decision to cancel this afternoon’s State of the Market program. We made this decision because we believe that now is a pivotal moment in history where attention should be focused on what has been ignored for far too long – hundreds of years of brutality, racism and inequity throughout the United States of America.

NAIOP applauds the peaceful protests that have occurred around the country and here in the Commonwealth. While COVID-19 has pushed us into unusual and unprecedented times, the systemic issues being protested in recent days were with us long before the pandemic.

NAIOP is about more than just buildings, which can be repaired. We are about strengthening our communities. Our collective voice is strong – and must be used to amplify those voices that are not heard. It is incumbent upon all of us to bring attention to these injustices now, and always. While NAIOP does not have all of the answers, we are committed to learning and working with all of you to advance much needed change.

Today, we urge you to take time to look within and support programs and organizations like YWBoston that work each and every day to fight racial injustice. Change is needed and the time is now.

Tamara Small, CEO
Reesa Fischer, Executive Director

A message to Millennials and Gen Z: Finding opportunity in uncertainty

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In uncertainty, there is opportunity. Seize it.

The following post was written by Leslie Cohen, Principal and Chief Operating Officer at Samuels & Associates and 2020 President of NAIOP Massachusetts

For most leaders of companies, the last eight weeks have been among the most challenging of their careers. The pace of change, the uncertainty ahead, the multi-dimensional contingency planning, all while adopting to new virtual environments and motivating a team unmoored from its daily routines and worried about their own health, the health of their family and friends, the economic uncertainty and the status of the world during this pandemic.

But most of us have lived through multiple challenging moments, from the aftermath of 9/11 to the crash of 2008. And we know that while the path ahead of us is unlike either of those moments, we will eventually get to the other side.

For the younger professionals in our firms, however, these are unchartered waters. Though they came of age during the Great Recession, they have experienced only economic growth in their careers. And while those are undoubtedly more fun (and possibly more lucrative, at least in the short term), these moments of uncertainty offer opportunity as well.

For those on our teams and in our circles who have not worked through a crisis or economic downturn, I can assure you that:

  1. You will not only get through this, you will be prepared for the next time. In the short term, this situation may result in a temporary setback on your professional goals, your personal goals. But not only will you adjust to the new normal, you may see opportunities that weren’t there before. There is also something really powerful about learning to adjust your personal expectations for the greater good. And when the next moment of crisis comes – and it will – you will have the confidence that comes from having survived this one.
  2. You will learn a TON. I learned so much about the real estate business in 2008 – because that moment required different things from a smaller team than I had ever been asked to do before. That’s where I learned how to be a leasing agent, how to be an asset manager, how to identify the mission critical items in loan and venture documents, and more. My mindset changed from that of a project manager with an engineer’s point of view to that of a businessperson with a broader perspective.  
  3. You will be a smarter businessperson, smarter manager and smarter leader. Up cycles are wonderful – they offer the resources to foster creativity and explore new ideas. But down cycles foster resiliency, innovation, and the need to do more with less, set yourself apart from the pack, and always be hunting for the way to turn smaller opportunities into valuable assets.
  4. You will be a leader. Even if you aren’t in a partnership or management role, this crisis enables you to take a leadership position – to rally the troops, to be creative and reinvent yourself and help others do the same. Once it feels like the crisis phase of the pandemic is over, we’ll be faced with new challenges. Embrace these skills as we navigate the “new normal” and return to the office – creating new systems, embracing new protocol, and fostering a positive environment for new ideas.

I didn’t know any of this during the early moments of the 2008 downturn. And I probably would have scoffed at the idea, during a moment when it felt like the world I knew had fallen off a cliff, that the experience would define me in all of the most positive ways. But it did. 

In uncertainty, there is opportunity. Seize it.

Leslie Cohen – Principal, Chief Operating Officer

COVID-19: Boston Issues Construction Protocols, Governor Signs Eviction Legislation

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Boston Issues Construction Site Safety

Due to the public health emergency caused by the spread of COVID-19 (coronavirus) the City of Boston will be implementing new protocols for essential construction work in the City of Boston. All essential construction sites must now submit a COVID-19 Safety Plan and a COVID-19 Safety Affidavit. These policies go into effect on April 27th for all essential construction. Nothing in these new protocols changes what construction is currently allowable in the City of Boston right now, but when construction resumes at some point, compliance with this policy will be required.

COVID-19 Safety Plan
This document will detail the job site practices that the contractor will follow to protect worker safety. Every contractor will be required to provide the City with this document when applying for a permit. If a job is already permitted, contractors must provide this document by April 27 or before work starts.

There are six key elements the City will be looking for in each plan: 1.) steps taken before shifts start to ensure workers are healthy; 2.) practices to ensure social distancing that can be achieved on the job site; 3.) materials provided to ensure job site hygiene; 4.) protocols for the use of personal protective equipment; 5.) communications and training practices to ensure everyone is informed; and 6.) procedures in case there is COVID-19 exposure on the job site.

To help with this, the City has provided a Safety Plan Worksheet (available here) for guidance.

COVID-19 Safety Affidavit
This affidavit (available here) attests that the contractor has created, provided to the City, and will implement its COVID-19 Safety Plan. It follows the same requirements as the Safety Plan. Failure to adhere to the policy may result in approval to work being revoked. 

Questions about the updated policies are due by April 22, and can be submitted by email to construction@boston.gov.


Governor Signs Eviction Moratorium Into Law

Today Governor Baker signed H. 4647 An Act providing for a moratorium on evictions and foreclosures during the COVID-19 Emergency, which institutes moratoriums on non-emergency evictions of residents and small businesses in the Commonwealth.

NAIOP recognizes the importance of helping small businesses who have been impacted by this crisis and we are happy to see that, in these uncertain times, the final bill includes language that serves small businesses and commercial landlords across the Commonwealth. While the bill provides protection from evictions, it does not relieve a tenant from the obligation to pay rent or restrict a landlord’s ability to recover rent. In addition, in contrast to the original bill that passed in the House, the language does not apply to all commercial tenants, but rather focuses on those that need help now – small businesses. It also allows for commercial landlords to exercise contractual remedies.

The protections extend for 120 days from the date it is signed by Governor Baker or 45 days after the emergency declaration has been lifted, whichever is sooner. If the State of Emergency is extended beyond May 4, the Governor may not extend this emergency legislation for more than 45 days after the emergency declaration is lifted.

NAIOP is grateful to the many members who provided technical expertise on this issue and worked diligently to ensure the concerns of our industry were reflected in the final language.

COVID-19 Shows Value of Collaboration and Local Leadership Massachusetts Has Come Together with Kindness and Common Purpose

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By Tamara Small

This column first appeared in Banker and Tradesman on Apr 5, 2020

Uncharted territory. Those are the two words that seem to be used when anyone tries to describe our current COVID-19 world. Children are out of school, entire economic sectors have been decimated, the global and local economy is in freefall – and the end is unknown.   

As the unemployment numbers skyrocket and the number of people infected with COVID-19 continues to grow, it is difficult to find any positive news. However, here at NAIOP we’ve seen several local examples that we should all acknowledge and applaud.  

Public– and Private–Sector Collaboration  

In Massachusetts, this pandemic is exposing the grace of who we are, as residents and businesses stand strong in the fight to save lives. We see this with the establishment of the Massachusetts Life Sciences Emergency Supply Hub. As it quickly became clear that demand was outpacing supply at many healthcare institutions, the private sector stepped up.  

The Massachusetts Biotech Council, Massachusetts Health & Hospital Association, Conference of Boston Teaching Hospitals and Massachusetts Medical Device Industry Council came together, launching the Supply Hub to bring additional supplies and resources to our state’s healthcare institutions so they could continue to test and treat patients with COVID-19 safely.  

In response to the call for donations, hundreds of companies from a wide range of sectors including janitorial companies, colleges, and construction firms stepped up to donate everything from masks and goggles to swabs and tubes. While we still have not caught up with demand, this effort made a dramatic impact and provided a streamlined way for businesses throughout the commonwealth to supplement the local and national supply chain. 

In another extraordinary example of community solidarity, the Boston Society of Architects has begun soliciting nominations for buildings, facilities or infrastructure that may be adapted to become alternative hospital sites. The Massachusetts Department of Public Health  has issued guidance to permit the use of alternative, acute inpatient care spaces to care for patients during this public health emergency. Working with cross disciple teams, the architecture, engineering and construction community is working with property owners to assist state government officials with identifying, evaluating, documenting, and retrofitting buildings or other facilities identified as viable hospital facilities. Preparing for the worst is an essential part of crisis planning – this work will save lives. 

Legislative Compromise  

The closure of non-essential businesses and the shutdown of most aspects of society have resulted in the need for executive orders and emergency legislation on a wide range of issues. Municipal governments have been particularly challenged since town halls are shuttered, Town Meetings are delayed, and annual budgets are uncertain at best. For real estate developers, navigating the permitting maze at the local level became more challenging as the permit application process, deadlines, and hearings became unclear.  

Responding to this new challenge, the Massachusetts Municipal Association, The Home Builders & Remodelers Association of MA and NAIOP Massachusetts – The Commercial Real Estate Development Association, worked together, drafting language that gave predictability and protections to municipalities and developers. As of this writing, the language, which is included in An Act to Address Challenges Faced by Municipalities and State Authorities Resulting from COVID-19, was passed by the House and Senate and is expected to be signed by Gov. Charlie Baker. 

Every day is a step forward, navigating a difficult path. As Massachusetts, and the world, continue to operate in today’s reality, it is important to remember that we are all in this together. 

This legislation provides necessary relief to cities and towns that, due to disruptions caused by the state of emergency, are struggling to process and hear permitting applications. At the same time, the bill balances the needs of residents and developers by ensuring that current permits are not impaired by the emergency declaration. No town or developer wants to see a project that has received local approvals become a blighted, abandoned site, and this language ensures that projects can get up and going as soon as this crisis ends.   

Examples of Leadership 

Finally, Gov. Baker, Boston Mayor Marty Walsh, legislators and all the hardworking staff who support them must be recognized. They have focused on protecting the most at-risk residents, addressed business, health and public safety challenges and provided comfort during this unprecedented time.  

Throughout the commonwealth, we have seen local community leaders follow this example. From local food banks to neighborhood groups, we have seen unprecedented kindness and grace as everyone works together to flatten the curve and save lives. Restaurants are providing free meals for students in need, essential grocery store workers are keeping our food systems open and, last but certainly not least, every person working in the health care sector is working tirelessly to save lives.  

Every day is a step forward, navigating a difficult path. As Massachusetts, and the world, continue to operate in today’s reality, it is important to remember that we are all in this together. As a former governor of Massachusetts once said, let our first instinct be kindness – and as Mayor Walsh said during his address to the city, there’s nothing we can’t do when we stand together. 

COVID-19: Update on Issues Affecting CRE

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We hope you are staying safe and healthy during this challenging time. As this situation is changing by the hour, NAIOP Massachusetts would like to serve as a resource on issues affecting the CRE industry. We are in constant contact with state officials on this issue and we are committed to working to find solutions that address both the long and short-term impacts of this crisis. We are already working on legislative and regulatory solutions including discussions around an extension of permits and other emergency measures. Have an idea you would like to share or a challenge that needs to be addressed in response to this crisis? Contact NAIOP’s CEO Tamara Small or Government Affairs Associate Anastasia Nicolaou.   

In the meantime, we will continue to update this blog to provide you with the most recent and up to date information:

Construction Moratoriums: On Monday, Mayor Walsh issued a halt to all construction in Boston. Companies should maintain the crews necessary to make sure sites are “safe and secure.” The sites need to be secure by Monday, March 23. Skeleton crews will be allowed to stay on to make sure the sites are safe. The ban will be reevaluated in 14 days. Although Governor Baker has not proposed a statewide shutdown on construction sites, many communities throughout Massachusetts have followed Boston’s lead and are now shutting down sites. Cambridge announced its construction shutdown yesterday and we are aware of many other suburban communities who have also enacted shutdowns. The Cambridge shutdown is effective only for construction work on public and private property, including building trades, regulated or permitted by the Commissioner of Inspectional Services or the Commissioner of Public Works.

BBRS Issues Guidance for Building Inspectors: On Tuesday, March 17, the state Office of Public Safety and Inspections issued guidance for local building officials to identify options that would satisfy the inspector’s responsibilities in connection to administering and enforcing the state building code. Specifically, the state building code provides inspectors with the authority to accept reports from an approved subject matter expert per building code sections 104.4 and R104.4.

Changes at MEPA: MEPA procedures have changed in response to COVID-19. and these changes will be in place until April 3, 2020, unless further extended. Among other changes, electronic submittals that are sent to MEPA@mass.gov by 5:00 PM on the submittal deadline will be accepted for publication in the next edition of the Environmental Monitor. Check out the MEPA web site for more information.

Extension of Professional Licensure: On March 18, Governor Baker signed a new emergency order to ensure that licensed professionals do not have their licenses or registrations lapse due to unforeseen problems with renewal during the COVID-19 emergency. Specifically, under this order, occupational or professional licenses of individuals that are in good standing and that would otherwise be up for renewal during the COVID-19 emergency shall be extended for 90 days after the end of the public health emergency. This order does not affect license extensions that have already been granted in earlier emergency orders.

SJC Issues Order Extending All Statutory Deadlines to Apr. 21: The SJC issued an order extending all statutory deadlines to April 21. Specifically, paragraph 9 states “Unless otherwise ordered by the applicable court, all deadlines set forth in statutes or court rules, standing orders, or guidelines that would otherwise expire before April 21, 2020, are extended to that date.”

Resources for Businesses: The Commonwealth has published a list of resources for businesses impacted by the outbreak, including dedicated guidance for businesses affected by the Emergency Order issued on Sunday, 3/15.

Changes to Open Meeting Law: An emergency order was filed temporarily modifying the state’s Open Meeting Law in order to allow state, quasi and local governments to continue to carry out essential functions and operations during the ongoing COVID-19 outbreak. This emergency order suspends the requirement for public access to the physical location where a public meeting is taking place, provided there are other means of access available (such as a phone conference line, social media or other internet streaming services, etc.). Additionally, the order relieves the requirement that a quorum of members be physically present at a public meeting. During this period, members may all participate by remote or virtual means. This order is applicable to meetings of public bodies including commissions, boards, and committees that engage in policy making at the state, quasi and local level. 

Small Business Administration’s Economic Injury Disaster Loan Program Open: Massachusetts small businesses can now access and apply for Economic Impact Disaster Loans at www.sba.gov/disaster. The SBA has established a toll-free line to answer questions at 1-800-659-2955. U.S. Small Business Administration, SCORE, and Women Business Centers will be providing workshops to answer questions and to help small businesses with the loan application process.

Changes to Unemployment Insurance Signed into Law: Yesterday Governor Baker signed (S 2598), which will allow workers to begin immediately collecting unemployment benefits. The Executive Office of Labor and Workforce Development will also file emergency regulations allowing employees affected by the coronavirus to collect unemployment if their workplace shuts down with plans to reopen within four weeks.

Municipal Flexibility Bill: The municipal flexibility bill (H 4572) would allow town moderators, in consultation with local board of selectmen, to postpone Town Meetings for up to 30 days because of a public health emergency, and a select board could push the meeting beyond June 30, which is currently the deadline in state law. Towns would also be able to reduce quorum requirements to conduct the most pressing Town Meeting business, and town leaders could extend budgets on a month-to-month basis based at prior-year spending levels if they are unable to complete a new fiscal year 2021 budget. This is still moving through the legislative process.

$10M Small Business Recovery Fund Announced by Governor Baker: The program is open to small businesses with less than 50 employees who can demonstrate an adverse impact on revenues resulting from the coronavirus outbreak. Loans are up to $75,000, with an annual interest rate of 3%; there are no payments for the first six months, followed 30-months of principal and interest payments.

Massachusetts 2-1-1: Massachusetts residents are urged to use 2-1-1 for information, resources, and referrals regarding COVID-19. Operators are staffing this hotline 24/7 and translators are available in multiple languages. Residents with questions can dial 2-1-1 from any landline or cellphone or use the live chat option on the Mass 2-1-1 website. There are 17 staff now answering calls, including staff from United Way and 7 staff members from DPH.

The Legislature Is Hitting the Halfway Point: What Does That Mean for Commercial Real Estate? From Housing to Climate Change, Key Issues Are on the Table

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The following column was published in the September 15 edition of Banker & Tradesman.

With the 2019–2020 Massachusetts legislative session approaching the halfway point, it is a good time to take stock of where things stand and what legislative proposals could affect the commercial real estate industry.  

The current legislative session began in January 2019 and will conclude on July 31, 2020. With more than 7,000 bills filed to date – and more expected – Massachusetts legislators have the ability to make dramatic changes affecting every aspect of society.  

As legislators consider proposals affecting commercial real estate and economic development, in general, they must also consider the economy for the year ahead. The Greater Boston market is currently viewed as a stable market for investment; and while vacancy and unemployment rates remain low, warning signs of a coming economic downturn are on the horizon.  

The pace of economic growth in Massachusetts has not kept pace with that of the nation over the past year. In the second quarter of 2019, Massachusetts GDP grew at a 1.4 percent annualized rate, while U.S. GDP grew at a 2.1 percent rate. In addition, in August, the 10-year Treasury yields fell below the rate on 2-year notes for the first time since 2007. This inverted yield curve has been an indicator of coming recessions for the past 50 years.  

This, combined with escalating trade wars and geopolitical uncertainty, highlight the need for careful consideration of the potential statewide impact of legislative proposals.  

While it is nearly impossible to predict how the session will end, legislative leaders have expressed an interest in tackling some significant policy issues including tax revenue, housing and climate change. Given the impact these issues will have on commercial real estate, the details matter. 

Transfer Taxes  
Revenue has been a popular word on Beacon Hill in recent months, with numerous transfer tax proposals filed. The bills all seek to create revenue for a variety of funding priorities, including affordable housing, climate change, education and transportation.  

However, the transfer tax is not the best approach to adequately address these issues, particularly since the revenue will be pegged to the real estate market. 

With anticipated market instability, these taxes many not serve as a stable funding source. If passed, they will increase the cost of housing and commercial development, which has the potential for negative ripple effects throughout the economy. 

Climate Change  
Given the environmental, public health, safety and economic development threat posed by climate change, legislation on this issue is expected this session.  

The House passed H. 3846, An Act Relative to GreenWorks, in July. It is a $1.3 billion energy and resiliency bill designed to offset climate change, creating a new grant program for cities and towns throughout Massachusetts to fund projects focused on climate resiliency. It is modeled after the successful MassWorks infrastructure program and builds on the Environmental Bond Bill passed in 2018.  

Climate change affects all residents of the commonwealth. Therefore, the burden for addressing this issue should be shared.  

Unlike transfer tax proposals, which only target a subset of the population and may drive up the cost of housing, GreenWorks is a far more equitable approach and should be a top priority for the legislature.  

Housing  
Finally, one of the most significant economic issues in need of legislative action is the current housing crisis.  

The supply of housing is not keeping up with demand, which in turn is driving up rents and home sale prices. An Act to Promote Housing Choices (H.3507) provides a clear framework for cities and town to encourage new housing production.  

The bill, which has the support of the Massachusetts Municipal Association, the real estate industry, affordable housing groups like CHAPA and business leaders, allows cities and towns to adopt zoning best practices by a simple majority vote, rather than the current two-thirds supermajority.  

Whether it’s senior housing or multifamily housing, countless units are never built because of the need for a supermajority vote. Given the broad support for this bill, the legislature needs to act on this legislation in advance of spring town meetings, where countless projects will be up for review at the local level.   

While these are only a few of the issues expected to move this session, it’s clear that decisions made at the State House over the next 10 months will have a significant impact on the real estate industry for years to come. NAIOP will continue to work with legislators to ensure that the economic impacts of legislation are considered and that Massachusetts remains a great place to live and work.  

Planning for a Changing Climate is a Shared Responsibility: Private, Public and Philanthropic Sectors Must Work Together

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The following column was published in the July 7 edition of Banker & Tradesman.

NYC CLIMATE TRIP JUNE 2019In June, a group of business leaders, philanthropists and environmental advocates joined Boston Mayor Marty Walsh and his environmental team on a “City to City” trip to New York hosted by the Environmental League of Massachusetts and the Greater Boston Chamber of Commerce. As the CEO of an organization that has made climate change resiliency one of its top policy priorities, I was honored to be part of this distinguished group.

The trip was designed to provide attendees with an inside look at how Lower Manhattan responded to Hurricane Sandy and how the public and private sectors are planning for the future. During the walking tour, it quickly became clear that building owners and developers were the “first responders” post-Sandy. Whether through the installation of flood protection measures, nature-based solutions, the elevation of mechanical systems or innovative design measures, the commercial real estate industry is spending millions of dollars on climate change resiliency.

While these types of investments are critical, having a “climate–proof” building in the middle of a neighborhood without power or transportation provides no real public or private benefit.

During Hurricane Sandy, a 9.5-foot storm surge flooded the Hugh L. Carey Tunnel, which connects Brooklyn and Manhattan, with 60 million gallons of contaminated salt water, causing extensive damage. After the storm, the city installed 50,000-pound steel flood gates to protect against a 500-year flood event. Watertight flood walls were installed around the tunnel’s ventilation shafts. Hundreds of millions of dollars in FEMA funds were spent on the project.

If that was the cost for just one project, then one thing is very clear – addressing climate change through mitigation and adaptation will require massive amounts of funding and collaboration between federal, state, local, private and philanthropic entities.

What Does This Mean Locally? 
Boston is taking this issue very seriously.

In October, Walsh released the Resilient Boston Harbor Plan, which is designed to protect the city against the impacts of rising sea level and climate change. The plan includes elevated landscapes, enhanced waterfront parks, flood–resilient buildings and increased access to the waterfront. The city of Boston also became one of the first cities to set a target of carbon neutrality by 2050. Flood overlay zones are being developed, which will affect new construction and existing buildings.

At the state level, aggressive goals for reducing greenhouse gas emissions have been set, new energy efficiency codes have been adopted and comprehensive adaptation and mitigation plans are now being implemented. Nearly all of these policies and plans will affect the real estate industry.

For commercial real estate developers in the Boston area, climate change resiliency is a top priority. Extreme weather events, eroding shorelines and sea level rise have the potential to impact properties and tenants. As a result, new development projects are the most climate resilient. They are designed to take on the storms of the future and often include measures that will protect surrounding neighborhoods from the impacts of climate change.

Recognizing that while climate change cannot be ignored, economic realities still apply. If one sector of the market is overly burdened with new regulations and costs, resiliency measures will fail.

What’s the Solution? 
As the state and cities move forward with their climate resiliency efforts, flexibility is required so that the real estate industry can effectively address climate change without restricting future housing and economic development, which produce crucial property tax revenue. Regulations should provide owners and developers with the ability to make decisions based on the needs of the individual properties, tenancy and product type. Both costs and risks must be evaluated when considering climate change-related investments or regulatory changes.

Given the impact of climate change on all residents of the commonwealth, the burden for addressing this issue should be shared equitably. While an increase in the transfer tax has been proposed as a solution, it’s not the right approach. It only targets a subset of the population and may have the unintended consequence of driving up the cost of housing.

Lowell’s Rep. Thomas Golden, with the support of House Speaker Robert DeLeo, recently filed H. 3846, An Act Relative to GreenWorks. This proposal is a $1.3 billion energy and resiliency bill designed to offset climate change, creating a new grant program for cities and towns throughout Massachusetts to fund projects focused on climate resiliency. It is modeled after the successful MassWorks infrastructure program and builds on the Environmental Bond Bill passed in 2018.

Given the magnitude of this issue, no one piece of legislation can fully address climate change, but the GreenWorks legislation will set the commonwealth on a path towards improved resiliency. Its passage, combined with public-private partnerships and innovative solutions, will ensure continued economic growth and quality of life in Massachusetts as we tackle one of the greatest challenges threatening the future of the planet.

NAIOP Files Amicus Brief in Marchese v. BRA: Brief Urges SJC to Uphold Superior Court’s Decision in Favor of BPDA

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Law firm WilmerHale recently filed an amicus brief on behalf of NAIOP Massachusetts, The Commercial Real Estate Development Association, in the case of Joseph Marchese vs. BRA.  The amicus brief urged the Supreme Judicial Court to affirm the Superior Court’s decision in favor of the Boston Planning and Development Agency (BPDA), formerly known as the Boston Redevelopment Authority (BRA).

NAIOP chose to pursue this opportunity because the case addresses the “demonstrations clause” of the urban renewal statute, a critical economic development tool, which is often used for artistic, cultural and historical preservation in the City of Boston.  NAIOP believes that if the BPDA and similar agencies cannot use their statutorily granted powers of eminent domain to carry out demonstration projects and plans, it could chill development throughout the Commonwealth.

“We are grateful to the incredible team at WilmerHale for their work,” said Tamara Small, CEO of NAIOP Massachusetts. “Joseph Marchese vs. BRA has wide reaching implications for our industry and all of Boston. The BPDA’s success in this matter will benefit Boston’s continued economic development, as well as positively impact the City’s communities and public spaces alike.”

The WilmerHale team involved in the matter was led by Partners Keith Barnett and Michael Bongiorno and included Senior Associate Arjun Jaikumar and Associates Matthew Costello and Julia Harvey.

Oral arguments began on Thursday, May 9.

The Time to Act on the Housing Crisis is Now

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This post was originally published as an op-ed in Banker & Tradesman on 3/17/19.

Apartment-InteriorSometimes data can simplify even the most emotionally charged and complicated policy debates. Housing policy is no exception to this rule. Recent data may provide some clarity on how we got to where we are today, as well as how we can begin to address the current housing crisis.  

Today there are more people working in Massachusetts than at any other time in the commonwealth’s history. According to the University of Massachusetts’ Donahue Institute, by the year 2040 the Massachusetts population is projected to increase by 600,000, with the fastest increase projected in Greater Boston’s inner core. Boston’s population is growing more quickly than previously expected, with 759,000 residents expected to live in Boston by 2030.  

As a result, the Metropolitan Area Planning Council (MAPC) projects Eastern Massachusetts will need 435,000 new units of housing by 2040. However, according to the Massachusetts Housing Partnership’s Center for Housing Data, annual housing production is only about half of what it was in the 1960s, ’70s and ’80s. Massachusetts permitting is 36 percent less housing than the national average (based on new housing per capita), ranking us 38th in the nation.  

Words Not Enough to Address Crisis 

At the current pace of housing construction, the commonwealth will be more than 90,000 units short of demand by 2030.   

At the same time, permitting requirements have become more onerous with local rules and special bylaws, making the development process longer and more unpredictable. Appeals frequently delay the start of a project by one to two years or often kill the project altogether. To complicate matters, construction inflation is at 6.5 percent in the Boston market – higher than the rest of the nation.  

The lack of housing is now approaching crisis level. The number of communities with median prices above $1 million has doubled in the past decade. As a result, the shortage of workforce housing is now a significant threat to our economic growth. Business leaders frequently struggle to attract the best talent when competing with other states that provide more affordable housing opportunities.   

While tackling this issue will require a multi-pronged approach, the data show that this is, in large part, a supply and demand issue. Without more housing production it is becoming very clear that the state’s potential to grow its skilled workforce will be at risk.  

Many Massachusetts communities are now recognizing, some for the first time, they need to do more to encourage growth. The 15 members of the Metro Mayors Coalition late last year announced a target to create 185,000 new housing units across the region by the year 2030. It is a laudable goal and these communities should be applauded for their leadership. However, simply saying you want housing does not create it. Actionable steps are needed to achieve this goal.   

Fortunately, An Act to Promote Housing Choices (House Bill 3507), recently filed by Gov. Charlie Baker, provides a clear framework for cities and town to encourage new housing production.   

 Bill Helps Communities That Want to Change 

The legislation, which is supported by a broad coalition including the Massachusetts Municipal Association, NAIOP – The Commercial Real Estate Development Association and the Smart Growth Alliance, among others, makes it easier for communities to work with developers to encourage sustainable growth.   

The legislation allows cities and towns to adopt certain zoning best practices by a simple majority vote, rather than the current two-thirds supermajority. This would be allowed in situations where the zoning change will encourage more concentrated development including the adoption of 40R “Smart Growth” districts or starter homes, reduced parking requirements, accessory dwelling units and/or reduced minimum lot sizes.  

This legislation also includes a provision, added during the last legislative session by the Joint Committee on Housing, that would reduce the voting threshold for a local special permit to a simple majority. This would apply to multifamily or mixed-use projects with at least 10 percent affordable units that are near transit or in commercial centers.  

While there is no one silver bullet to solving the housing crisis, the supermajority threshold has long been a barrier for needed housing developments throughout the commonwealth. This legislation would make it easier for communities to rezone property to encourage more housing production.   

During the legislative session that concluded in July 2018, the bill came close, but did not pass.  Since then, housing advocates, planners, developers and municipal officials have come together to support the passage of this legislation. On behalf of this remarkable coalition, we urge the legislature to pass this bill as quickly as possible. The time for action is now.  

It Has Been An Enjoyable and Satisfying Career Advocating for the CRE Industry!

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The following is an excerpt from the acceptance speech I gave for the Edward H. Linde Public Service Award at the recent NAIOP Distinguished Real Estate Awards event. It summarizes the feelings I have about leaving NAIOP after 28 years as its CEO.

A way to judge any organization is to contemplate whether it would be missed.  When I consider what we have accomplished over these past 28 years, I know that all of you in the commercial real estate industry would agree that what we have done on your behalf, and for the Commonwealth, is remarkable.  Please note that I say “we” for very important reasons.

It certainly starts with a top professional staff, with Debbie Osheroff, Rachel Meyer and Taylor Pederson. In addition, there are two exceptional professionals who are now stepping into new leadership roles, Tamara Small & Reesa Fischer. I have tremendous confidence in both of them and I know they will take this organization onto even greater successes. They are all-stars who have earned the respect of their peers, the industry’s leaders, and the greater community.

But our success goes beyond our excellent staff. NAIOP’s unique entrepreneurial DNA has driven its Advocacy, Education, and Networking. And that is a direct result of our engagement with an extensive network of exceptional volunteers, what I call NAIOP’s very “special sauce”. We have been fortunate to have some of the best and brightest professionals in our industry giving their time, knowledge and experience. That includes all of our past Presidents, Board members, executive committee members, and numerous volunteers on our operating committees.

In particular, I would be remiss if I did not call out the Governmental Affairs Committee. Our influence in the legislature, regulatory agencies, policy centers and the courts has been achieved directly through the active commitment of so many members over the past 30 years. They have helped draft bills that became law, offered comments on regulations that were then revised, produced position papers that helped direct policies, and presented amicus briefs that helped guide court decisions.

I am so proud to have worked with these professionals to impact major legislative initiatives, including drafting the District Improvement Financing statute, initiating the effort for the Permit Extension Act, partnering in the passage of the Brownfields Act, and influencing so many areas of regulatory oversight. Currently, and for the foreseeable future, we have also committed to continue focusing on three important issues: Transportation, Housing, & Climate Change.

I also want to thank and recognize the many business association leaders that we have worked with over these many years. To have the kind of successes we have enjoyed only comes with active collaborative partnerships. No one organization can succeed without the give and take of working together with a common agenda – a better Commonwealth.

It has been a true labor of love to lead this organization. I have enjoyed the challenges, the successes, and the many close friendships I have made along the way. I am also very proud of the impacts we have had over the years.

Back in 1991, as I transitioned to the advocacy role from being a developer, I anticipated a relatively short interlude in my career. It clearly was not short. Developers have a vision and an optimism that is critical to producing a successful project. I always tried to maintain both as I led this organization over the years.

As I now turn to my next chapter professionally, I know that I will remain active in advocating for the same big issues that continue to challenge our Commonwealth. However, whatever direction I do go, I will look forward to enjoying all the close relationships I have developed through the years and the knowledge that the future for our industry and NAIOP will be bright.

Once again, thank you so much for the privilege of serving this industry.