COVID-19 UPDATE: Municipalities Receive New Guidance for Project Review; Governor Baker Files Revised Budget Proposal; Eviction Moratorium Ending Oct. 17; Mayor Announces Housing Stability Pledge for Landlords

This week there were several actions taken regarding the state’s COVID-19 response.

NAIOP Advocacy Results in New Guidance, Proposed Legislative Fix

Chapter 53 of the Acts of 2020, An Act to Address Challenges Faced by Municipalities and State Authorities Resulting from COVID-19, was enacted in April to alleviate challenges faced by municipalities as a result of the COVID-19 public health emergency. NAIOP, together with the Massachusetts Municipal Association and the Home Builders and Remodelers of Massachusetts, worked to ensure that this legislation provided permit granting bodies with the authority they needed to conduct meetings and public hearings remotely.

Late last week, in response to concerns NAIOP and others have raised regarding certain municipalities’ reticence to restart public meetings, the Department of Housing and Community Development (DHCD) released official guidance for municipalities, urging them to conduct remote hearings on all applications for permits or approvals related to housing production, and reinforces that all remote hearings should be implemented in a fair manner for all types of housing, in particular referencing 40B projects.

Additionally, the Baker-Polito Administration has included language in their proposed supplemental budget to end all municipal hearing delays as allowed by Chapter 53 of the Acts of 2020 on December 1, 2020. This proposed legislation is a direct result of NAIOP’s advocacy, and we will continue to monitor the language as it moves through the supplemental budget process.

Governor Files Amended FY21 Budget

On October 14, Governor Baker filed a revised budget proposal for fiscal year 2021. The revised proposal includes over $100 million to support economic development and small business efforts as the Commonwealth continues to recover from the impacts of the COVID-19 pandemic. The Governor’s budget proposes a total of $45.5 billion in gross spending, and authorizes a withdrawal of up to $1.35 million from the Stabilization Fund. In order to avoid further burdening businesses and residents during the ongoing crisis, the Governor’s budget does not include any broad-based tax increases and he has signaled he will veto tax hikes if pursued by the Legislature. 

NAIOP is currently reviewing the Governor’s proposal and will be closely monitoring the budget process.

Eviction Moratorium to Expire – New Resources Announced

The Commonwealth’s eviction moratorium, which applies to residential tenants and small businesses, will expire on October 17. Earlier this week, the Baker-Polito Administration announced a comprehensive set of resources, known as the Eviction Diversion Initiative, to support residential tenants and property owners during the financial challenges caused by the COVID-19 pandemic. NAIOP is supportive of this comprehensive approach to working with owners and tenants to provide critical resources to ensure housing stability. 

The Administration is making a $171 million total commitment this fiscal year, with $112 million of new funding to support new and expanded housing stability programs during the remainder of the fiscal year. Learn more about these resources here.

Mayor Walsh Announces Housing Stability Pledge

Last week, Mayor Walsh announced the creation of the Housing Stability Pledge for landlords. The Pledge, aimed to deter residential evictions during the COVID-19 pandemic, requires landlords to abide by the current CDC Eviction Order; engage with tenants to create a payment plan; accept rental assistance where available; and make rent adjustments for Section 8/MRVP families who are falling behind on their rent. This is an opt-in program for residential landlords located within the City of Boston.

NAIOP will continue to advocate for policies, Executive Orders and legislation that address how this public health crisis is affecting real estate and overall economic development. We are working on numerous initiatives. Please feel free to reach out to CEO Tamara Small or Government Affairs Associate Anastasia Nicolaou if you have any questions. 

Office Space: Dead on Arrival or a New Frontier?

Tenants Are Getting a Crash Course in Remote Work’s Pluses and Minuses

Written by: Tamara Small | This article was originally published by Banker & Tradesman on October 4, 2020

As we approach the seven–month mark since the state of emergency was declared and office workers transitioned to Work from Home (WFH) overnight, many people are asking the same question: Will workers return to the office?  

A review of statistics paints a bleak picture. Office sublease space is at a record high. Occupancy rates in Boston and Cambridge remain in the single digits, while in the suburbs, it’s about a 10 percent occupancy rate. Companies that once said they would come back after Labor Day are now pushing tentative return dates out to January or well into 2021. We have seen the largest quarterly increase in vacancy rates since the fourth quarter of 2001.  

Given the uncertainty about what is to come, few transactions are happening. Rents are beginning to drop and short–term leases, once unheard of, are becoming much more common. Small businesses that support office workers from dry cleaners, to sandwich shops, to shoemakers remain closed. The economic impact cannot be overstated.  

Eric Rosengren, President of the Federal Reserve Bank of Boston, recently commented on the impact of so many empty office buildings.  

“It’s going to be very difficult for Massachusetts to fully recover until Boston fully recovers,” he said. “And a full recovery in Boston requires people to occupy the office buildings we have downtown.” 

However, we are now starting to see more people return, slowly, but surely, to their offices. And, when there is a vaccine, and children return to school and daycare, and commuters get back on public transit, as an industry we will have a unique opportunity to use what we have learned during this time to make offices better than ever. But what do we do in the meantime? 

While only 4 in 10 Americans can work from home, for those who have that privilege, the overnight transition to WFH was fairly seamless. Many companies who had never offered WFH as an option realized that work can, and will, get done remotely. Technology experts have become the glue that holds the office together – constantly adapting and innovating to accommodate cybersecurity, equity and access challenges.  

Tenants Discover Downsides 

There is a lot of positive that came out of this overnight shift. Several studies show that by eliminating commutes, some workers have gained invaluable personal time. Traffic congestion in our cities has improved dramatically, and many municipalities are expanding their alternative transit options, adding bike lanes and expanding walking paths to encourage outdoor activity. 

However, the longer WFH continues, the more we start to hear about its negative impacts.  

First, the boundaries between work and home have blurred. People are working more, and they are exhausted.  

Second, onboarding and mentorship are suffering. Bringing a new person onto a team that is completely remote is extremely challenging, as is mentoring a more junior employee or intern.  

Third, and most importantly, the collaboration and personal connections that shape successful office culture are difficult to replicate in a remote world. Remote work prevents learning by osmosis and diminishes opportunities for teamwork by eliminating those invaluable five-minute conversations that engage people across teams and disciplines. This has a significant impact on employees, particularly those new to the workforce.  

A recent study of employers by MassDOT/MBTA shows that very few companies plan to switch to WFH entirely when the world returns to “normal”:  52 percent of employers surveyed will send all employees back to the office;  41 percent will send some employees; and only 3 percent will remain full-time WFH.  

Embrace Office Innovation 

Clearly, employees will come back to the office, but work from home is here to stay. People want flexibility, but also some human interaction and collaboration. Are our office spaces ready to rise to the challenge? In short, yes. I predict employers will increasingly adopt a hybrid model that includes some remote and some in–person days. This means a total revision of what office space looks like, how it works, and how employees interact.   

A new and revived office sector will include an increased focus on wellness, collaboration, technology, and community. These components are critical as space becomes more fluid and flexible.  

At a recent NAIOP event, a panel of local experts shared what they are already beginning to see for the future of the office. Elizabeth Lowrey of Elkus Manfredi said, “the days of stack–and–pack are over.” Vickie Alani of CBT shared that we will likely see home offices remain dedicated spaces for focused work, while office spaces will be designed to enable remote and in–person collaboration. Kimberly Smith of Knoll focused on the enhanced role of technology to ensure that people at home and at the office “have an equitable experience in their office interactions.” And moderator Lauren Vecchione of Colliers Boston summed it up with the following statement: “If you take anything away from the discussion today, it should be that employees will come back to the office.” 

So, while the next few months may be a challenge, now is not the time to ring the death knell for the office sector. Instead, it’s time for CRE to embrace innovation and give the people what they want – a new and improved office for the next generation, today.

Optimism Colors Shifting Views of Development Market

Biotech Could Benefit From Open Office Space

Written By: Colin A. Young

This article was originally published by The State House News on September 15, 2020.

SEPT. 15, 2020…..Commercial real estate and development experts said they are confident that the pandemic won’t spell the end of the development boom in and around Boston, but they said they are keeping their eyes on consumer and workforce trends that might reshape their industry.

During a virtual panel convened by NAOIP Massachusetts, the development pros said that while the COVID-19 pandemic slowed construction timelines and injected generous doses of uncertainty into the equation, development still has plenty of track in front of it in the Boston region.

“We operate between Boston and Washington, D.C., and I think that Boston is clearly the strongest market of those three and maybe the strongest market in the country,” Shawn Hurley, president of Marcus Partners said, referring to the Boston, New York City and Washington, D.C., markets. “It certainly seems that development in this market remains really strong and that our economy is more diversified than ever before. So we feel very good about the Boston market and how we’re positioned today, albeit in a very volatile world and as we enter what appears to be a potentially very volatile fall.”

Lauren O’Neil, senior managing director at JLL Capital Markets, said she doesn’t foresee a persistent slowdown in development in the Boston area. After desirable long-term investment-grade tenant leases, she said development appears to be second on the investment strategy depth chart.

“I think the thesis is that we may be in a bit of a slowdown now, but in two to three years when a project is set to deliver it sets up nicely for the rebound in this current slowdown, I won’t go as far as to call it a recession. And so we’ve seen investors and debt capital alike gravitating towards new developments,” O’Neil said. “And in fact, it’s probably easier right now to capitalize on new ground-up development than it is a value-add office deal, for example, where you might have 70 percent occupancy and you’re trying to get to 90 percent occupancy in the near term. There’s just more conviction on what the world will look like in a couple years versus over the next six months.”

O’Neil said hotels and retail developments are struggling to get financed right now. Retail developments with a grocer and that have “a compelling story” might fare better, she said.

“But with the delinquency rate on existing loans in the mid-teens for those product types, it’s going to be a bit of a challenge to get those C-Suites on board with making any sort of aggressive bets on retail and hotel for the foreseeable future,” she said.

Chris Brown, CEO of construction management firm John Moriarty & Associates, said biotech remains one of the hottest sectors in the marketplace right now and the “great need” for added research and lab space has not been diminished by the pandemic. At the same time, there’s “a little hesitancy” to commit to any deals involving traditional office space, given the uncertainties around the future of remote working and the return of most employees to the office.

“Biotech is probably the sector of the market that … will have the most traction moving forward,” he said.

Tamara Small, the CEO of NAIOP Massachusetts who moderated Tuesday’s discussion, asked Brown about converting office space to research or lab space, citing conversations she’s had with people who have suggested that “biotech is the new office.” Brown said his firm is working to “reposition” some office space at the Cambridgeside Galleria and has “a few other projects in the pipeline that look to take existing office space and potentially either add on to it or reposition it for biotech and lab space.”

“That seems to be one of the hottest sectors for us and the most interesting questions we get is in regards to that type of product as well,” he said.

O’Neil said converting office spaces to research or lab space for life sciences and biotech companies could help meet some of the demand for those spaces sooner than the pipeline of new construction could on its own.

“The demand from the tenants on the life science side was growing at an annual growth rate of a little over 8 percent and it’s projected to continue through 2023 at just over 7 percent, which if you look at the current 25.7 million square foot market, that means there’s demand for over 34 million square feet,” she said. “We’re about 3 million short of meeting that demand based on the current pipeline for 2023. Now, that generally includes only ground-up, brand new developments, so maybe the conversion factor will start to fill in some of that.”

The panel also took on the suburbs and the question of whether the pandemic, and the changes it has brought to commutes and daily life, is creating a time for the suburbs to shine and draw even more people out of urban cores. In July, real estate market analysts at the Warren Group said increases in sales in more rural parts of Massachusetts were “far in excess” of the state average.

“Cities are going to endure. The intrinsic qualities that brought everybody to them pre-COVID, we’re going to appreciate them all the more when this ends, and it will end. So we just envision a totally different kind of lifestyle returning when we’re through this,” Abe Menzin, a principal at the development firm Samuels & Associates, said. “In my more optimistic moments, I actually think that remote work options for people could actually enhance the vitality of cities. It could help shave the peaks off of some of the congestion issues that we’ve encountered, and could give people more flexibility in their lifestyle and make a livable city like Boston even more liveable.”

Kirk Sykes, a managing partner at Accordia Partners, is banking on people continuing to want to live in Boston but said aspects of two of his most significant projects aim to address concerns that the pandemic has highlighted. Sykes is involved in the plan to redevelop the site of the Boston State Hospital into a development with more than 360 housing units near Franklin Park and Mass. Audubon’s Boston Nature Center and Wildlife Sanctuary in Mattapan. He’s also part of the plan to convert the old Bayside Expo site in Dorchester into more than 1,000 units of housing, retail space, office space and more.

“We feel extremely blessed to have a 65-acre park, and the beach and the ocean in front of Bayside. And as such, I think those characteristics will play heavily into corporate relocations for campuses or even the decision to get on the train and go for five minutes to Kendall [Square] as opposed to being in Kendall,” he said. “So we’re designing in the desire to be in an environment that gives you the air, the light, the breath, the view that you might get in the suburbs, but getting it in a 20-minute bike ride, 30-minute walk or five-minute Uber/Lyft to the Financial District.”

-END-
09/15/2020

COVID-19 Update: Governor Baker Extends Eviction Moratorium

Today, as expected, the Baker-Polito Administration announced that it will be extending the current eviction moratorium by 60-days, using emergency powers granted by Chapter 65 of the Acts of 2020, An Act Providing for a Moratorium on Evictions and Foreclosures During the COVID-19 Emergency. This Act suspends most residential and small business commercial evictions, as well as residential foreclosures. It does not relieve tenants or homeowners of their obligation to pay rent or make mortgage payments. The extension will expire at 11:59pm on October 17, 2020.  

As reported on Friday, Massachusetts currently has the highest unemployment rate in the nation. In addition, the additional $600 available in federal unemployment benefits is expected to expire at the end of the month. Today’s announcement comes in the wake of the filing of House Docket 5166/Senate Bill 2831, An Act to Guarantee Housing Stability During the COVID-19 Emergency and Recovery, which seeks to institute a blanket eviction moratorium for 12-months beyond the end of the March 10 state of emergency that is currently still in effect. NAIOP has joined a coalition of real estate groups in strongly opposing this legislation. If enacted, HD 5166/SB 2831 would paralyze the real estate industry in Massachusetts by instituting rent control practices and rent cancellation, exposing good faith property owners to 93A damages, and sealing the records of all renters, not just those impacted by COVID-19.  

NAIOP is in constant communication with the Administration and Legislative Leaders on this issue and we continue to work with a subcommittee of attorneys and owners on eviction policies and legislation. If you or a member of your firm would like to share your experience with this moratorium, please reach out to CEO Tamara Small or Government Affairs Associate Anastasia Nicolaou.

COVID-19 Update: Governor Baker Announces Phase 3 Start Date, Amends E.O. Tolling State Permits; SJC Releases Updated Operations Order; DPU Begins Energy Relief Plan for C&I Customers; MBTA Announces Flex Pass Pilot

Governor Baker Announces Phase 3 Start Date

Today Governor Baker announced that Phase 3 will begin on Monday, July 6. While Phase 3 is anticipated to be in place until there is an effective treatment or vaccine for COVID-19, Governor Baker indicated that Phase 3 will be implemented in two steps.

Businesses allowed to reopen at this point in Phase 3 include but are not limited to:

  • Fitness Centers and Health Clubs
  • Museums and Aquariums
  • Movie Theaters and Performance Halls (at limited capacity)
  • Casinos (with additional minimum protocols set by the Massachusetts Gaming Commission)

Additionally, the Baker-Polito Administration has updated the guidance related to gatherings. The new guidance related to indoor gatherings will allow eight people per 1000SF, with a maximum of 25 people. Outdoor enclosed gatherings will be limited to 25% of the capacity, with a maximum of 100 people. This updated guidance will be effective Monday, July 6, except for the City of Boston, where it will be implemented Monday, July 13. For all guidance, orders and updates related to the Commonwealth’s reopening plan please visit: www.mass.gov/reopening

Governor Baker Amends State Permit Tolling Order

This morning, Governor Baker signed an Executive Order rescinding and replacing his March 26 Order to suspend relevant permitting deadlines and extend out the validity of state permits.

Importantly, this updated order addressed NAIOP’s significant concerns with the previous order’s appeals language. In the updated order, any individual whose right to appeal would have expired between March 10, 2020 and July 1, 2020 shall have until August 10, 2020 to proceed with their appeal. Any person whose right to appeal expires after July 1, 2020 will be held to the regular or statutory deadline, or by August 10, 2020, whichever is later.

NAIOP advocated strongly for this Executive Order given the extraordinary impact of the previous order on projects throughout the Commonwealth, and we were pleased to see our concerns addressed in the final language. A huge thank you to the NAIOP members who provided their expertise and insight throughout this process.

SJC Releases Updated Order Regarding Court Operations

On June 24, the Massachusetts Supreme Judicial Court (SJC) issued an order further staying certain hearings and trials and limiting court house access until at least July 13, 2020. In addition, the order affirmed that there will be no further extensions of deadlines or civil statutes of limitations beyond June 30, 2020, “unless there is a new surge in COVID-19 cases in the Commonwealth and the SJC determines a new or extended tolling period is needed) and that appeal periods on local permits will begin to run on July 1, 2020.

DPU Begins Energy Relief Plan for Commercial and Industrial Customers

On June 26, the Massachusetts Department of Public Utilities (DPU) approved the commencement of a program designed to assist companies that have fallen into arrears on gas or electricity payments during the COVID-19 pandemic. Full implementation of the program will begin after the March 10 State of Emergency is lifted and current customer protections expire. The Customer Outreach Plan will consist of four phases. You can read the full order by clicking here. Any company having trouble paying their electric or gas bills due to COVID-19 should contact their distribution company for further information.

MBTA Announces Five-Day Flex Pass Pilot for Commuter Rail mTicket

Yesterday, July 1, the MBTA began the new Five-day Flex Pass on mTicket pilot, a program designed to allow greater flexibility for commuter rail passengers as employers and employees explore staggered schedules and telework policies due to the COVID-19 pandemic. The pilot will take place from July 1 – September 30, 2020 and is only available within the mTicket app. Once purchased, the Flex Pass provides five one-day passes that can be used at any time in a 30-day period. This pass, available for all zones and interzones, is a 10% discount when compared to five round-trip tickets.

COVID-19 Update: Boston Announces Office Reopening Framework

Today, Mayor Marty Walsh announced a new framework for all office spaces located within Boston. Starting June 1, office spaces located within the City of Boston will be required to limit capacity to no more than 25 percent of the maximum occupancy level during phase 1. This framework is in place as an operational recommendation to be used as a reference in line with Federal and State-wide mandates.

These operational recommendations apply to operations during Phase 1 of the Commonwealth’s phased reopening plan, and are subject to revision and modification during subsequent phases or as necessitated by public health considerations. The City’s operational recommendations include, but are not limited to:

  • Identify and clearly communicate a workplace coordinator who will be responsible for COVID-19 and the impact to the workplace.
  • Providing personal protective gear for any employee whose job functions requires it, as identified in the hazard assessment, including training on how to put on and remove equipment safely.
  • Limiting the number of people in an elevator at a time to no more than four. All individuals must wear face coverings in elevators, except where unsafe due to medical condition or disability.
  • Stair usage should be limited to one direction (down) except in cases of emergency.
  • Regular sanitization of handrails, buttons, door handles and other high-touch frequency areas.
  • Establish accommodation and leave policies for employees that are consistent with federal standards.

We encourage all of our members and member-organizations to review the City’s framework. These operational recommendations incorporate the Commonwealth’s Sector Specific Workplace Safety Standards for Office Spaces and supplement them with recommendations based on guidance from the CDC, U.S. Chamber of Commerce, and industry associations to offer best practices for preparing and returning to the physical workplace, preparing your workforce, and ensuring continuity of operations. NAIOP presented to the City regarding Industry Best Practices and we are pleased to see that many of our recommendations have been incorporated into this guidance.

The Mayor has made it very clear that the City hope’s employees who can work from home continue to do so throughout this recovery in order to limit potential exposure and allow for a successful and resilient reopening.

NAIOP will continue to advocate for policies, Executive Orders and legislation that address how this public health crisis is affecting real estate and overall economic development. We are working on numerous initiatives. Please feel free to reach out to CEO Tamara Small or Government Affairs Associate Anastasia Nicolaou if you have any questions.

COVID-19 Update: Governor Announces Reopening Plan – Construction Restarts and Office Space Reopening Standards Released

Today, the Baker-Polito Administration released its plan for reopening the Massachusetts Economy. Please visit mass.gov/reopening to review the full report, general business guidance, sector guidance, mandatory employer and worker posters, and FAQs on the 4-Phase Reopening Plan. In order to reopen, all businesses must develop a written COVID-19 Control Plan outlining how its workplace will prevent the spread of COVID-19.

Phase One will allow the following (with restrictions, some capacity limitations, staggered start):

  • On May 18: Essential businesses; Manufacturing; Construction
  • On May 25: Lab space; Office space (outside of Boston); Limited Personal Services (hair; pet grooming; car washes); Retail (remote fulfillment; curbside pick-up)
  • On June 1: Office space in Boston

Each phase will last a minimum of three weeks and could last longer depending upon public-health data.

All Construction Included in Phase 1 Reopening Announcement

Governor Baker announced that effective today all construction (including office, retail, etc.) will be allowed to proceed if the appropriate documentation and safety standards and guidance are in place (in addition to any local requirements or restrictions). 

In addition to the mandatory safety standards for all industries announced on May 11 regarding social distancing, hygiene, staffing and operations, and sanitization, the Baker-Polito Administration today released construction-specific mandatory safety standards and guidance. The requirements must be in place before reopening a site, and include but are not limited to:

  • Keeping all crews a minimum of six feet apart at all times to eliminate the potential of cross-contamination
  • No in-person meetings of more than 10 people
  • Where social distancing is impossible, employers will be required to supply PPE including, as appropriate, a standard face covering, gloves and eye protection.
  • The elimination of large gathering places on site such as shacks and break areas, allowing instead for small break areas with limited seating available to ensure social distancing.
  • The designation of a site-specific COVID-19 Officer (who may also be the Health and Safety Officer) for every site except for construction and remodeling work in one to three family residences. This Officer shall certify that the contractor and all subcontractors are in full compliance with the COVID-19 safety requirements for construction.

The construction-specific requirements and guidance allows cities and towns to require additional site-specific risk analysis and safety plans.

Construction in the City of Boston

Also starting today, May 18, the City of Boston will allow a subset of construction projects on sites that meet specific criteria to commence (hospitals, public schools, 1-3 unit residential buildings, road and utility work or other outdoor/open-air work such as steel erection). On May 26, all construction projects in Boston may re-commence construction, if the construction site has submitted a COVID-19 Safety Plan and a COVID-19 Safety Affidavit in accordance with the City’s Temporary Guidance for Construction

Office Space Reopening

Starting May 25, the Administration will allow office space to reopen at 25% of capacity, except in the City of Boston, which will allow office space to reopen on June 1. NAIOP has been in talks with the City and we will keep members posted if any additional standards for offices are released. The Baker-Polito Administration has released guidance for office spaces ahead of the May 25 date so that companies are able to review and plan for reopening. The guidance released includes a COVID-19 checklist and mandatory sector-specific safety standards.

The Administration has made it very clear that they hope employees who can work from home continue to do so throughout this recovery in order to limit potential exposure and allow for a successful and resilient reopening.

Plan for Public Transit Released

The MBTA has remained open throughout this public health crisis, and will continue to provide service as adjusted to prioritize essential travel for healthcare and emergency workers. All riders and employees are required to wear face coverings while riding public transit. Stations and vehicles will continue to be cleaned and sanitized with increased frequency, and customers should board at the rear doors of buses and street-level trolley stops. Seniors and individuals with disabilities may still board at the front door if needed. 

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

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 Update: Boston Announces Incremental Start to Construction

On May 5, City of Boston announced it will be taking an incremental approach to broadening the allowable categories of construction. Effective May 5, all essential construction projects (as defined by the state, which currently means residential, hospitals, public schools, mixed use with residential, public works and construction related to COVID-19) with approved safety plans and signed affidavits as required under the COVID-19 Safety Policy for Construction will be authorized to prepare the site with project specific COVID-19 safety measures.

As of May 18, the City of Boston will allow a subset of essential construction projects on sites that meet specific criteria to commence (hospitals, public schools, 1-3 unit residential buildings, road and utility work or other outdoor/open-air work such as steel erection). On May 26, all essential construction projects as defined by the state may re-commence construction in adherence to safety plans.

At no time will the City of Boston permit any construction beyond what is allowed by the Commonwealth. DPW and ISD will continue to monitor and enforce the COVID-19 Safety Plans for Construction. In accordance with the signed affidavit, contractors acknowledge and agree that non-compliance with any requirements may result in suspension of termination of work in progress of revocation of the City’s permit for such work.

NAIOP will continue to advocate for policies, Executive Orders and legislation that address how this public health crisis is affecting real estate and overall economic development. We are working on numerous initiatives. Please feel free to reach out to CEO Tamara Small or Government Affairs Associate Anastasia Nicolaou if you have any questions.

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

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.