Amidst the housing affordability crisis in Massachusetts and across the country, zoning reform has increasingly become a hot legal topic and matter of significant public discourse. A key component—a relatively uncontroversial, low-hanging fruit, often initial focus—of zoning reform has been accessory dwelling units (ADUs). In recent years, the Commonwealth has followed other jurisdictions, such as California, in loosening state-wide zoning standards for ADUs, to help ameliorate the housing crisis. These efforts came to fruition in August 2024, when the Healey-Driscoll Administration’s Affordable Housing Act was enacted and signed into law. This law mandates that ADUs must be as-of-right under local zoning statewide. This program covers the greater context and history of ADU reform, and provides a primer as to the precise terms and requirements of the 2024 ADU amendment to the state Zoning Act, G.L. c. 40A.
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