Accessory Dwelling Units Officially Allowed Statewide

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BOSTON — Accessory Dwelling Units (ADUs) are now permitted by-right statewide in Massachusetts thanks to the Healey-Driscoll Administration's Affordable Homes Act, signed into law by Governor Maura Healey in August 2024. 
 
Sometimes called tiny homes or in-law suites, ADUs are small, independent living spaces located on the same lot as a principal dwelling in a residential zoning district. Garages, attics, and basements can be converted into ADUs. Or an ADU can be a newly constructed detached cottage or addition onto the primary home with a separate entrance. 
 
"We said from the beginning that we were going to make housing more affordable by creating homes for every kind of household and at every stage of life," said Governor Maura Healey. "By allowing homeowners the freedom to create an Accessory Dwelling Unit, we can provide more housing options for seniors, creating opportunities for young adults with special needs looking for more independence and developing smaller, more affordable, housing options for our state." 
 
The undersupply of housing in Massachusetts has dramatically increased housing costs in recent years. ADUs are part of the solution to build more homes and drive down costs for tenants and homebuyers.
 
As of Sunday, Feb. 2, ADUs less than 900 square feet can be built by-right in single-family zoning districts statewide, and the Executive Office of Housing and Livable Communities estimates that 8,000 to 10,000 ADUs can be constructed over the next five years thanks to this simplification of the ADU permitting process.
 
ADUs can have a effect for homeowners and their families. They can allow older adults to age in place and remain close to their grandkids and children. ADUs can also offer independent living for young adults with special needs.
 
Following a public comment period, EOHLC has now issued final regulations intended to help cities and towns adjust their local ordinances and allow for ADUs by-right. You can visit Mass.gov/ADU to learn more specific details about the ADUs by-right policy. 
 
Municipalities who need assistance drafting, conducting community planning, and enacting local ADU rules may apply for funding through the Community One Stop for Growth.  
 
Residents interested in developing an ADU should contact their city or town services who will be able to give them an understanding of the local rules and how they can apply for a permit. Additionally, residents seeking to build an ADU for people with disabilities or people over 60 may be eligible for no-interest financing through the state's Home Modification Loan Program. 
If you would like to contribute information on this article, contact us at info@iberkshires.com.

Fenton: Governor's Council Must Deliver for the Berkshires

Community submissionGuest Column
I am a Springfield lawyer running for Governor's Council and I am asking for Berkshire County residents to support me over an incumbent from North Adams. 
 
Here's why: Last year I learned about staffing issues in our regional courts that I could not ignore. In 2025, it was reported that four of Western Massachusetts' 11 Superior Court judgeships were vacant, all at the same time. A few weeks later, that grew to five vacancies. This meant there were only six Superior Court judges serving all of Western Mass at a time when Berkshire, Hampshire, Franklin, and Hampden counties had more than 100 pending homicide cases. 
 
Those numbers were alarming to me, so I started to engage with leaders in the community who work most closely with the court system and I came to learn that these vacancies were only the tip of the iceberg here in Berkshire County.
 
I learned that no Superior Court or District Court judge had been appointed from the Berkshires since the current incumbent took office. As a result, there is not a single Superior Court judge who lives in the Berkshires today, and several of the District Court judges drive in from other counties to support Berkshire courts in Pittsfield, Great Barrington, and North Adams. Court staff also informed me about severe staffing shortages at the Berkshire Clerk of Courts office resulting in other counties needing to loan staff to the Berkshires just so hardworking employees can take a brief and planned summer vacation. This is not normal. These issues are a reflection of genuine problems with the Berkshire County court system and show a lack of proactive attention from our Governor's Councilor.
 
Instead of focusing on regional equity, I watched as the current incumbent celebrated that she has voted against the governor's nominees more than any other councilor, without much explanation as to why. Most recently, she voted against two extremely qualified former prosecutors for the Parole Board. This was despite an in-person plea from the governor and a letter of support from all the three of the district attorney's from Western Mass. Those votes do not show independence or standing up for principles, they demonstrate naivete, and an unwillingness to work with the key stakeholders.
 
I had seen and heard enough. I decided to jump in the race and challenge the incumbent to address these problems head-on.
 
I am a partner of a regional law firm. I understand our courts and the importance of having qualified, fair and hardworking judges. And I know how important it is to have judges from the Berkshires serving the Berkshires. To achieve that, you need strong relationships with the legal community and local stakeholders. You need to know how to use the power of the Governor's Council to fight forcefully for our region. And you need to be laser focused on identifying vacancies before they occur so that they can be filled quickly with local candidates.
 
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