Salem City Council discusses impacts of new Affordable Homes Act on owner occupancy rules

May 18, 2025 | Salem City, Essex County, Massachusetts


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Salem City Council discusses impacts of new Affordable Homes Act on owner occupancy rules
The City Council Committee on Ordinances, Licenses, and Legal Affairs convened on May 15, 2025, to discuss significant changes stemming from the recently enacted Affordable Homes Act. This legislation mandates that communities must allow accessory dwelling units (ADUs) as a right, eliminating the requirement for owner occupancy and streamlining the approval process to a simple building permit.

The meeting began with a discussion on the implications of this new state law, particularly regarding single-family zoning districts. Council members expressed concerns about the definitions and guidelines provided by the state, which classify single-family residential zoning as any district permitting single-family dwellings. This classification raises questions about how local communities can interpret and implement these regulations.

Councilor Marcela noted that the owner occupancy requirement had been a contentious issue in previous discussions, but emphasized that the current situation is different due to the statewide mandate. He argued that the housing crisis should be a collective concern among all communities, not just Salem.

Councilor Harvey, while not a committee member, contributed by highlighting potential loopholes in the construction process related to real estate transactions. He suggested that while the state law prohibits owner occupancy, property disclosures could still indicate such requirements upon sale.

Councilor Chryslov raised the issue of municipal interests, questioning whether the city could assert unique needs that might allow for exceptions to the state law. However, the consensus was that the legislation explicitly prohibits owner occupancy requirements, leaving little room for local deviation.

Councilor Stott reiterated the need for more rental units in Salem, arguing against the necessity of owner occupancy restrictions. He pointed out that the housing roadmap study had identified a critical need for diverse housing options, particularly smaller units.

Public comments followed, with residents expressing concerns about the implications of the new law on affordability and community character. One resident emphasized that while the state law applies to single-family zoning districts, it is crucial to ensure that the creation of ADUs does not compromise the affordability of housing in Salem.

The meeting concluded with a call for further public input, highlighting the ongoing dialogue about balancing state mandates with local needs and interests. The committee's discussions reflect a broader concern about housing availability and affordability in Salem, as the city navigates the challenges posed by new state legislation.

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