Committee asks administration for 30-day review after hearing legal limits on a proposed moratorium for 4+ unit developments

The Everett City Committee on Legislative Affairs voted to ask the administration to work with council sponsors and return a communication within 30 days on a proposed moratorium on building permits for new residential developments of more than four units.

Jonathan Silverstein, outside counsel, told the committee that courts reviewing a moratorium will look for "a demonstrated need" tied to an identified local problem, a limited duration with an articulated plan for how the pause will be used, and a rational connection between the moratorium’s scope and the impacts it aims to address. "The courts want to see a definite timeline," he said, adding that moratoria of about a year to 18 months may be upheld where a clear plan and evidence exist.

Councilors raised concerns that motivated the resolution: school overcrowding, parking and traffic, and the sense that new housing in the city is unaffordable to many longtime residents. Councilor Duomoin said housing production "does not benefit the people that live in the city because none of us can afford them." Silverstein cautioned the committee that a broad citywide moratorium may not withstand judicial review when the documented impacts are geographically concentrated.

Committee members discussed alternatives including adjustments to inclusionary zoning and measures to make affordable housing more meaningful for Everett residents. After debate about scope and legal risk—including potential state-level attention tied to MBTA Zoning obligations and the risk of litigation from property owners—the committee voted to refer the resolution to the administration and requested a report within 30 days on whether the criteria to support a moratorium can be satisfied and, if so, proposed duration and plan elements.