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Age Restricted Active Adult Housing in Massachusetts a Review of the Factors Fueling Its Explosive Growth and the Public Policy Issues It Raises

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Age Restricted Active Adult Housing in Massachusetts a Review of the Factors Fueling Its Explosive Growth and the Public Policy Issues It Raises Age Restricted Active Adult Housing in Massachusetts A Review of the Factors Fueling Its Explosive Growth and the Public Policy Issues It Raises Citizens’ Housing and Planning Association June 2005 1 Acknowledgements Research and Principal Author Bonnie Heudorfer Research Assistant Dana LeWinter Project Director Aaron Gornstein Editorial Assistance Karen Wiener, Connie Kruger Valuable market information and insights for this study were provided by many in the real estate, development, financial, and legal communities who willingly shared their knowledge and experience. Special thanks to the local officials, regional planning agencies and real estate professionals who identified and verified projects and bylaws and to the legal staff at the Massachusetts Attorney General’s Office, the Massachusetts Commission Against Discrimination, HUD’s New England Office of Fair Housing and Equal Opportunity, DHCD and MassHousing. The Pioneer Institute generously shared with CHAPA data it had collected on local zoning bylaws. Representatives of various trade organizations were also very helpful. In particular, the National Association of Home Builders provided information from a national perspective. Realtors, developers, and seniors – including some who purchased in age restricted communities and others who considered the option but chose not to – provided an important reality check. CHAPA’s 40B Sub-Committee also assisted in framing the issues unique to that program. Please Note While every effort has been made to provide the most current and accurate information possible, the author and sponsoring organization acknowledge that the data on local bylaws is a work in progress. Not all communities provided information, and the status of some regulations is in flux. Municipalities are urged to notify CHAPA at www.CHAPA.org or the author at [email protected] with corrections, additions or updates. Similarly, the number of age restricted developments existing, under construction or proposed changes almost daily. Laws and regulations are subject to interpretation, and program guidelines are dynamic. Readers are urged to check with appropriate public officials, practitioners and legal counsel before taking any action based on the findings presented here. 2 Table of Contents Executive Summary ………………………………………………………. 5 1. Introduction ……………………………………………………………11 2. Legal Basis for Age Restricted Housing ………………………………15 3. Factors Influencing Demand……………………………………………22 4. Supply Side Trends……………………………………………………..33 5. Tools Used to Facilitate Age Restricted Development………………...39 6. Market Issues…………………………………………………………..46 7. Emerging Trends and Public Policy Concerns………………………...51 Appendices • Appendix A Housing Options for Massachusetts’ Seniors • Appendix B Key Sections of the Fair Housing Laws • Appendix C Community Demographics • Appendix D Highlights, National Association of Home Builders 2003 Survey on Senior Housing • Appendix E Communities with Age Restricted Zoning Bylaws • Appendix F Stakeholder Comments 3 List of Figures, Maps and Tables Figure 3.1 Massachusetts Shifting Age Profile Figure 3.2 Age Distribution of Massachusetts and US Figure 3.3 Growth in Massachusetts Population Age 55-64 Table 3.1 Massachusetts 55+ Population by Age Group Figure 3.4 Income Distribution of Households Aged 55-69 Table 3.2 Housing Choices of Householders Aged 55+ Table 3.3 Seniors market Share Massachusetts and US Table 3.4 Massachusetts Housing Market Shares by Age Group Table 3.5 Estimating the Massachusetts Age Restricted Active Adult Housing Market Map 4.1 Age Restricted Active Adult Housing: Existing and Under Construction Map 4.2 Age Restricted Active Adult Housing: Planned and Proposed Table 4.1 Communities with Multiple Age Restricted Active Adult Housing Developments, Existing or Planned Map 4.3 Units in Age Restricted Active Adult Housing Developments: Existing and Proposed Map 5.1 Massachusetts Municipalities with Age Restricted Zoning Bylaws Table 5.1 Examples of Techniques Used to Develop Age Restricted Active Adult Housing Table 5.2 Increasing Use of 40B for Age Restricted Housing Map 5.2 Municipalities with Age Restricted 40B Projects or Proposals Table 6.1 Summary of 55+ Asset Policies: Housing Starts, New England Fund and Local Initiative Program 4 Executive Summary With the aging of the baby boom generation (those born between 1946 and 1964), increased attention is being focused on the housing needs and desires of all older people. The challenges involved in housing an aging population are complex, and the continuum of choices is still evolving. One housing option that is generating considerable attention in Massachusetts and elsewhere is “age restricted active adult housing.” These are developments that offer individual units for sale or, less frequently, for rent to financially secure, healthy adults aged 55 or over. Usually offering maintenance-free living in single family, detached or clustered homes, such developments are marketed by a number of different names including active adult, retirement or lifestyle communities, depending on their attributes. Their design features, low maintenance, amenities, and competitive pricing compared to other new homes in similar locations may appeal also to younger residents, challenged to find housing that meets their needs in the high cost Massachusetts market. Because of provisions in federal and state anti- discrimination statutes, however, those under age 55 may be legally barred from these developments. Although age restricted active adult housing is a relatively recent trend in Massachusetts, the number of offerings available and in the pipeline has grown exponentially in the past few years. Citizens’ Housing and Planning Association (CHAPA) commissioned this study to better understand how much of the 55 and over market is demand driven; how much is industry initiated; whether local land use regulation and fiscal considerations have contributed to its explosive growth; and at what cost, if any, the growth in age restricted housing has come. Key Findings The active adult housing market is being driven by favorable demographics with the enthusiastic support of the homebuilding industry. Some 1.87 million Massachusetts baby boomers will turn 55 between now and 2020. Many will have higher incomes than prior generations of seniors, plus substantial equity in their existing homes, which they will readily invest in a new residence if their current one no longer meets their needs or lifestyle. The age restricted active adult market is being driven by local land use policies and fiscal considerations. Using a variety of zoning and regulatory techniques, over 60 percent of the communities in eastern Massachusetts have permitted age restricted housing in locations, or at densities, not otherwise allowed. As a result, there has been a proliferation of age restricted development, but production of housing for younger families – unless permitted under the state’s affordable housing statute, MGL Chapter 40B – has stalled. Nearly 70 communities now have zoning provisions that support the production of senior housing. (Two dozen others have zoning that permits the construction of elderly housing with related healthcare facilities and/or subsidized housing.) 5 CHAPA has identified more than 150 age restricted active adult developments, existing or under construction, in 93 communities. If completed as planned, these developments will provide more than 10,000 units of housing. An additional 14,000 units in 172 developments were identified as planned, proposed or in the permitting process in 109 communities, including 66 towns that previously had none.1 The boom in age restricted active adult housing has occurred since 2000. It is largely an eastern and central Massachusetts phenomenon, with development concentrated between Route 128 and the 495 corridor, including towns west of 495, and in the central Massachusetts communities surrounding, and including, Worcester. For the most part, though, it is a suburban trend. In addition to these 24,000 units of age restricted active adult housing, there are thousands of other housing units, existing or planned, that are also vying for a share of the diverse seniors market. These include more than 4,000 independent living and 11,000 assisted living residences; 2,000 units of age restricted manufactured housing, many of which are located in communities that offer the same types of amenities as conventional active adult housing; more than 2,000 age targeted, but not restricted, housing units; and thousands of high end rental and condominium units in and around Boston. At least 7,000 units of 55+ housing have recently been built, or are in the pipeline, in neighboring New Hampshire, Maine, Rhode Island and Connecticut, many with lower selling prices than similar Massachusetts units. For the most part, the first generation of active adult housing in Massachusetts has been very successful. It has provided a type of housing for which there was proven demand, and it has been well received by residents who might otherwise have left the state. Developments generally have been well-conceived and well-executed, and they have enjoyed considerable market success. This is true across price points, project size and location. The sheer volume of new units coming onto the market in the next 24-36 months means there will be much greater competition going forward. Housing developments that are not well-located, well-designed and well-priced are unlikely to succeed. Even the most attractive
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