The housing crisis knows no borders. While the federal and Quebec governments are stalling, our neighbor, Maine, has just authorized the addition of accessory dwelling units to any house across the state in an effort to rebalance the housing market.
Pete Chabot, 45, intends to soon get rid of the mobile home that sits on his wooded lot in New Gloucester, near Gray, to build two homes there: one for himself and the second for his elderly mother. Municipal zoning prevents this. His lot would have to cover an area equivalent to four football fields to obtain the permit.
But a state law passed in April 2022 removes the obstacle. “It’s going to allow my mother to remain independent,” he told the Portland Press Herald last April. I’ll be right there if she needs me. »
This testimony sounds like melody to the ears of Ryan Fecteau, former president of the Legislative Assembly and political sponsor of the 2003 LD law aimed at stimulating the supply of housing.
“The law will therefore allow this person who I have never met in my life and who I will probably never meet to build both a house for herself and another for her mother on the same land, so that she can age with dignity and close to her family, the former elected official confides to La Presse. For me, that sums up the merits of the law we adopted. »
Having reached the legal two-term limit imposed on elected officials serving in the capital Augusta, Mr. Fecteau has since joined the office of Democratic Governor Janet Mills.
“This is one of the most important laws I have had the opportunity to present and one of the most difficult to pass,” he admits. This law required collaboration with a range of stakeholders and the modification of a system of local rules that had been in place for a long time. »
The possibility is therefore given to any home owner to automatically add one or two accessory dwelling units, without having to add parking. The accessory dwelling, of a minimum of 190 square feet, can be set up in the basement, in an extension to the building or even be separated from the main dwelling. “Some of our cities are reporting to us that people are willing to get in line to get their permits to build their secondary suite,” shares Lee Jay Feldman, director of planning at the Southern Planning and Development Commission of Maine (SMPDC). The agency assists the 39 municipalities in the York and Oxford regions, including Portland and surrounding cities, in its areas of expertise. His organization has prepared a guide for them for the implementation of LD 2003.
A second provision of the law concerns vacant residential lots in urban areas. We offer the possibility of adding up to four dwellings per lot, as long as the minimum surface area required per dwelling is respected. For example, if the zoning provides for a minimum of 5,000 ft2 of land per detached house, the owner of a vacant lot of 15,000 ft2 can automatically build three units there even if the existing zoning only authorizes one house. .
Finally, a density bonus of 2.5 times is granted for an affordable housing project. Affordable rental housing is defined as housing accessible to households earning 80% of the area median income and who spend a maximum of 30% of their income on housing.
In Portland, that income works out to US$66,000 for a single person. Other scales apply for owner-occupiers. Affordability is protected for 30 years.
So, if the zoning in place allows the construction of 50 housing units, this number increases to 125 if 51% of the proposed housing units qualify as affordable housing. A city cannot require more than two parking spaces for three units. “Usually the standard was two boxes per dwelling. We cut parking requirements in half,” says Feldman.
Mario Polèse, professor emeritus at INRS and specialist in housing policies, likes the density bonus proposed for affordable housing projects. He notes the 30-year period guaranteeing the affordability of the units. However, he questions the means adopted to ensure compliance with this requirement.
The academic applauds the drafting of a guide for municipalities with the aim of promoting higher densities. Best practices are disseminated there. In the past, strict parking requirements have had the effect of preventing the addition of a dwelling to an existing property.
The law was adopted in April 2022, but its implementation was postponed until 2024. In the absence of a provisional assessment, La Presse focuses on its advantages and disadvantages.
The law notably has the effect of silencing the “not in my backyard” supporters who are behind the abandonment of multiple residential projects.
“The City of South Portland previously required a person wishing to build an accessory dwelling unit to notify their neighbors by mail,” gives the example of the sponsor of the law, Ryan Fecteau. This owner also had to appear before the municipal council, and the latter demanded that a public meeting be held. The City has adapted its regulations to the new law. The owner is no longer subject to this ritual,” he rejoices.
Having the Legislative Assembly impose its views on cities constitutes a small revolution in the coastal state, which is not without arousing opposition.
“In Maine, we have what we call a state that favors local self-government, which means that each municipality can write its own regulations within a basis of law established by the State,” says Lee Jay Feldman, director of planning for the Southern Maine Planning and Development Commission (SMPDC). “However, this law obliges the municipality to act. Some municipalities are enthusiastic, others much less. »
Mr. Fecteau justifies the coup by the scale of the housing crisis plaguing his state, where 1.3 million people live.
There is a shortage of 22,000 affordable housing units among our neighbors, according to an estimate dating back a few years. An update is expected in early October.
The State first created a commission in 2021 which had the mandate to prepare the broad outlines of the bill. Stakeholders, including municipalities, were invited.
Despite its upstream participation, the Maine Municipal Association is not convinced of the relevance of the law.
According to the organization, the crisis in Maine has more to do with the proliferation of short-term rental housing. COVID-19 has in fact caused an influx of 40,000 people from neighboring states, such as New York. They have money, pay cash and then renovate them at great expense. They occupy them only a few weeks per year. However, the new law remains silent on tourist accommodation.
The strong presence of these “refugees” from the pandemic has driven up values. The median price now stands at US$325,000.
Ms. Graham also deplores the hefty price to pay for her members in order to make their local regulations compatible with the provisions of the new law, even if, for rural municipalities, the law will have little or no effect.
Curiously, the State has not set a construction start objective resulting from the application of the law.
To give an idea, the city of Bath (9,000 inhabitants) calculated that the law would encourage the construction of 132 accessory dwelling units, reports Ryan Fecteau. The assumption is that 1 in 20 homeowners (out of a total of 2,640 single-family homes) would move forward with adding such housing eventually.
“The law requires counting new housing, which will not be easy for a regional agency like ours,” recognizes Lee Jay Feldman. We have 39 cities and not all of them are willing or able to report the number of building permits. It will therefore be very difficult for us to follow up. »
