Accessory Dwelling Units Officially Allowed Statewide Under Healey-Driscoll Administration’s Affordable Homes Act
Executive Office of Housing and Livable Communities Issues Final Regulations to Help Cities and Towns Update Local Regulations
BOSTON – RealEstateRama – Accessory Dwelling Units (ADUs) are now permitted by-right statewide in Massachusetts thanks to the Healey-Driscoll Administration’s Affordable Homes Act, signed into law by Governor Maura Healey in August 2024. Sometimes called tiny homes or in-law suites, ADUs are small, independent living spaces located on the same lot as a principal dwelling in a residential zoning district. Garages, attics, and basements can be converted into ADUs. Or an ADU can be a newly constructed detached cottage or addition onto the primary home with a separate entrance.
“We said from the beginning that we were going to make housing more affordable by creating homes for every kind of household and at every stage of life,” said Governor Maura Healey. “By allowing homeowners the freedom to create an Accessory Dwelling Unit, we can provide more housing options for seniors, creating opportunities for young adults with special needs looking for more independence and developing smaller, more affordable, housing options for our state.”
“This is a real solution that creates additional housing throughout our communities in small ways that can have a big impact for an individual or a family,” said Lieutenant Governor Kim Driscoll. “The Affordable Homes Act is continuing to open up new housing at every level across the state and allowing Accessory Dwelling Units is an example of the problem-solving focus of our administration.”
The undersupply of housing in Massachusetts has dramatically increased housing costs in recent years. ADUs are part of the solution to build more homes and drive down costs for tenants and homebuyers.
As of Sunday, February 2nd, ADUs less than 900 square feet can be built by-right in single-family zoning districts statewide, and the Executive Office of Housing and Livable Communities estimates that 8,000 to 10,000 ADUs can be constructed over the next five years thanks to this simplification of the ADU permitting process.
“ADUs can provide supplemental rental income to homeowners, add value to single-family homes, and deliver new options for renters in a tight market,” said Ed Augustus, Secretary of Housing and Livable Communities. “Previously, if a homeowner wanted to build an ADU for an aging parent, they would have had to apply for special permits and variances, which in many cases can be outright denied due to restrictive zoning bylaws. Now, ADUs are allowed by-right statewide, making it easier for residents to build in their own backyards, or onto their existing homes.”
ADUs can have a profound effect for homeowners and their families. They can allow older adults to age in place and remain close to their grandkids and children. ADUs can also offer independent living for young adults with special needs.
Following a public comment period, EOHLC has now issued final regulations intended to help cities and towns adjust their local ordinances and allow for ADUs by-right. You can visit Mass.gov/ADU to learn more specific details about the ADUs by-right policy.
Municipalities who need assistance drafting, conducting community planning, and enacting local ADU rules may apply for funding through the Community One Stop for Growth.
Residents interested in developing an ADU should contact their city or town services who will be able to give them an understanding of the local rules and how they can apply for a permit. Additionally, residents seeking to build an ADU for people with disabilities or people over 60 may be eligible for no-interest financing through the state’s Home Modification Loan Program.
Statements of Support
Jesse Kanson-Benanav, Executive Director, Abundant Housing Massachusetts:
“We were proud to partner with the Healey-Driscoll administration, Secretary Augustus and EOHLC, and advocates in ensuring the Affordable Homes Act included a strong ADU provision that will unlock more housing production across the commonwealth. Advocates have spoken of the need for standardization and fewer barriers to building ADUs and we have finally answered the call. ADUs are a gentle tool in the Massachusetts toolbox to address our severe housing storage. This provision allows homeowners to generate additional income or house loved ones with disabilities, aging family members, or young adults who might not otherwise be able to afford to live in the community where they were raised. Legalizing Accessory Dwelling Units by-right in every city and town is an investment in the future of the commonwealth and its residents.”
Jen Benson, Massachusetts State Director, AARP:
“Accessory Dwelling Units (ADUs) are not only a vital tool in creating additional affordable housing, but they are also one of the best ways for older family members to age in place. ADUs can help create multi-generational housing opportunities while giving those generations the comfort of their own living spaces.”
Maura Sullivan, CEO, The Arc of Massachusetts:
“The Arc of Massachusetts is grateful to the Executive Office of Housing and Livable Communities for releasing regulations that provide additional details on the Accessory Dwelling Unit provision of the Affordable Homes Act. ADU’s have been a longtime policy priority of The Arc because we recognize the critical need to create more housing for people with autism and intellectual and developmental disabilities. These individuals and their families face many challenges related to housing, including safety, gaining independence, and maintaining tenancy. ADU’s provide an option for some people with disabilities to live and thrive in their community, where they often have family and natural supports. We look forward to working with individuals and families to interpret and understand these regulations.”
Rachel Heller, CEO, Citizens’ Housing and Planning Association:
“Today, Massachusetts takes another significant step forward on the path to a vibrant future. When we allow for a range of housing types in our neighborhoods, people have opportunities to live in homes they can afford in the communities they choose. Accessory Dwelling Units can make housing more affordable for homeowners that build them and for renters looking for housing at different price points. As communities allow for Accessory Dwelling Units, multifamily housing, and smaller homes on smaller lots, we are fostering an environment where people, our neighborhoods, and our economy can thrive.”
Marc Draisen, Executive Director, Metropolitan Area Planning Council (MAPC):
“As new zoning allowing Accessory Dwelling Units goes into effect this week, cities and towns across Massachusetts now have a new tool for adding infill, small-scale homes to meet a variety of multi-generational needs in this tight housing market. MAPC stands ready to assist communities in implementing thoughtful local regulations. We are eager to share our model zoning resource, created in partnership with EOHLC, that will streamline adoption in neighborhoods across our region.”
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