New Housing Ordinance gives City “right of first refusal” in redeveloping municipal property into affordable housing

The City Council unanimously approved an ordinance on Wednesday, October 8, prioritizing the conversion of surplus municipal property into affordable housing. These properties include schools, public safety facilities, offices, and other civic infrastructure that are no longer in use.

A city-wide feasibility evaluation will determine the physical, legal, environmental, and financial sustainability of vacant or underused properties on or before July 1, of each year. Properties found ineligible will provide a clearly documented reasoning for why housing should not be prioritized at any particular site.

The ordinance will not change the legal process for developers to purchase vacant or unused municipal property. Eligible developments may be used for mixed-use or mixed-income housing, so long as at least 40% meet the city’s definition of affordable units.

“[The ordinance] provides transparency to what is currently an opaque process with the Public Facilities Commission and puts it on the Mayor’s Office of Housing to essentially have first right refusal to make more affordable housing and proliferate affordable housing across the city,” said District 1 Councilor and Chair of Committee on Government Operations Gabriela Coletta Zapata.

“Our city owns countless buildings and parcels of land that sit vacant or underused while so many Bostonians struggle to find an affordable home. It is time that we use our assets proactively and in a meaningful way,” said Councilor At-Large Ruthzee Louijenne

“There is no silver that’s gonna help us solve our affordable housing crisis, but it’s an important structural reform that advances transparency and public purpose.”

District 9 Councilor Liz Breadon emphasized that the flexibility for mixed-use can serve other public goods, including food hubs, non-profit organizations, and daycare facilities.

There is so much opportunity with what we can do with surplus buildings and land in general in the city of Boston.” Said Councilor X Enrique Pepen. He urged that creative solutions are required to solve the current housing shortage and create more space for people looking to move into the city – potentially including building affordable units on top of existing municipal properties like libraries.

District 2 Councilor Ed Flynn warned that the Council needs to stay observant that land is not given away to politically connected developers. “We owe it to the taxpayers to ensure this process is on the up-and-up and no politically connected developers have an inside track to getting land and developing on this.”